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Tex. Penal Code § 12.32 (2026)

First Degree Felony Punishment

✓ current as of May 2026
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Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 12.31 by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1058, ch. 488, Sec. 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.146, eff. September 1, 2009.

Notes of Decisions
Cited in 1,369 cases (221 in the last 5 years), 1978–2026 · leading case: Lombardo v. State, 524 S.W.3d 808 (Tex. App. 2017).
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Lombardo v. State, 524 S.W.3d 808 (Tex. App. 2017). · cites it 5× “After appellant pled guilty to first-degree felony theft in 2004, the trial court found appellant guilty of the charged offense, assessed punishment at ten years’ confinement, suspended imposition of the sentence, and placed appellant on ten years’ community supervision.”
Buerger v. State, 60 S.W.3d 358 (Tex. App. 2001). · cites it 3× “See Tex. Pen.Code Ann. § 12.32 (Vernon 1994).”
Schultze v. State, 177 S.W.3d 26 (Tex. App. 2005). · cites it 4× “See TEX. PEN.CODE ANN. § 12.32 (Vernon 2003).”
Orr v. State, 306 S.W.3d 380 (Tex. App. 2010). · cites it 4× “See Tex. Penal Code Ann. § 12.32 (Vernon 2003).”
Mejia v. Davis, 906 F.3d 307 (5th Cir. 2018). · cites it 2× “TEX. PENAL CODE § 12.32 ("An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment .”
Johnson v. State, 982 S.W.2d 403 (Tex. Crim. App. 1998). · cites it 4× “Later, defense counsel picked up on this general theme and asked the prospective jurors whether they could consider assessing the minimum legal punishment (imprisonment for five years) for a defendant found guilty of aggravated robbery as a principal.”
Arriaga v. State, 335 S.W.3d 331 (Tex. App. 2010). · cites it 3× “See Tex. Penal Code Ann. § 12.32 (Vernon 2003).”
Klock v. State, 177 S.W.3d 53 (Tex. App. 2005). · cites it 4× “[8] See TEX. PEN.CODE ANN. § 12.32 (Vernon 2003).”
Woods v. State, 68 S.W.3d 667 (Tex. Crim. App. 2002). · cites it 2× “TEX. PENAL CODE § 12.32. [1] See ante at ___.”
Bill Boyd Kuhn v. State, 393 S.W.3d 519 (Tex. App. 2013). · cites it 2× “See Tex. Penal Code Ann. §§ 12.32 , 22.021(e) (West 2011).”
Gill v. State, 873 S.W.2d 45 (Tex. Crim. App. 1994). · cites it 2× “See Tex.Penal Code § 12.32. The Tenth Court of Appeals, with one justice dissenting, later reversed appellant's conviction on the ground the evidence adduced at his trial was insufficient to satisfy the requirements of Texas Code of Criminal Procedure article 38.”
Bennett v. Reynolds, 315 S.W.3d 867 (Tex. 2010). · cites it 2× “By "setting the statutory maximum fine that fixes the presumptive limit, the relevant legislature has spoken to the misconduct's reprehensibility already.”
Show all 1,369 citing cases →
— Tex. Penal Code § 12.32(a) — 260 cases
Lombardo v. State, 524 S.W.3d 808 (Tex. App. 2017). “After appellant pled guilty to first-degree felony theft in 2004, the trial court found appellant guilty of the charged offense, assessed punishment at ten years’ confinement, suspended imposition of the sentence, and placed appellant on ten years’ community supervision.”
Apolinar v. State, 106 S.W.3d 407 (Tex. App. 2003).
Jones, Andrew Olevia, 488 S.W.3d 801 (Tex. Crim. App. 2016).
Storr v. State, 126 S.W.3d 647 (Tex. App. 2004).
Mathonican v. State, 194 S.W.3d 59 (Tex. App. 2006).
— Tex. Penal Code § 12.32(b) — 14 cases
Bennett v. Reynolds, 315 S.W.3d 867 (Tex. 2010). “By "setting the statutory maximum fine that fixes the presumptive limit, the relevant legislature has spoken to the misconduct's reprehensibility already.”
Payne v. State, 766 S.W.2d 585 (Tex. App. 1989).
In Re J.J., 916 S.W.2d 532 (Tex. App. 1995).
Taylor v. State, 763 S.W.2d 926 (Tex. App. 1989).
Jose Aguilera v. State (Tex. App. 2015).
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