Tex. Codes » Penal Code · TITLE 3. PUNISHMENTS · CHAPTER 12. PUNISHMENTS
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Tex. Penal Code § 12.45 (2026)

Admission Of Unadjudicated Offense

✓ current as of May 2026
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Sec. 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A person may, with the consent of the attorney for the state, admit during the sentencing hearing his guilt of one or more unadjudicated offenses and request the court to take each into account in determining sentence for the offense or offenses of which he stands adjudged guilty.

(b) Before a court may take into account an admitted offense over which exclusive venue lies in another county or district, the court must obtain permission from the prosecuting attorney with jurisdiction over the offense.

(c) If a court lawfully takes into account an admitted offense, prosecution is barred for that offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 4131, ch. 649, Sec. 1, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 143 cases (20 in the last 5 years), 1982–2026 · leading case: Lopez v. State, 253 S.W.3d 680 (Tex. Crim. App. 2008).
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Lopez v. State, 253 S.W.3d 680 (Tex. Crim. App. 2008). · cites it 3× “Texas Penal Code § 12.45 permits a defendant (with the prosecutor’s consent) to admit guilt of an unadjudicated extraneous offense, have that offense taken into account by the trial court in sentencing on the primary offense, and thereafter bar any future prosecution for that…”
Neal v. State, 150 S.W.3d 169 (Tex. Crim. App. 2004). · cites it 2× “In this case, appellant did file a timely motion to quash the indictment based on two specific grounds: (1) an allegation of an illegal amendment to the indictment; and (2) a claim under Tex. Penal Code § 12.45, which provides that "[i]f a court lawfully takes into account an…”
In re the Expunction of O.R.T., 414 S.W.3d 330 (Tex. App. 2013). · cites it 4× “Tex. Penal Code Ann. § 12.45 (West 2011).”
Williams v. State, 314 S.W.3d 45 (Tex. App. 2010). · cites it 4× “Later, during recross examination, the State’s lawyer asked Appellant to identify another exhibit, this one a motion to dismiss pursuant to Texas Penal Code section 12.45. 1 This was a motion from a case that was not the burglary case, but bore a cause number that came…”
State v. N.R.J., 453 S.W.3d 76 (Tex. App. 2014). · cites it 5× “See Tex. Penal Code Ann. § 12.45 (West 2011); Tex.”
Ex Parte Karlson, 282 S.W.3d 118 (Tex. App. 2009). · cites it 2× “See Tex. Penal Code Ann. § 12.45 (Vernon 2008) (stating that the trial court can take unadjudicated offenses into consideration during punishment and that after doing so, with the State’s consent, prosecution of such offenses is barred).”
Campbell v. State, 5 S.W.3d 693 (Tex. Crim. App. 1999). · cites it 2× “[9] Losses caused by unadjudicated offenses that a defendant has admitted and requested the court to take into account, see TEX. PENAL CODE § 12.45, may be regarded as adjudicated.”
Travis Cnty. Dist. Attorney v. M.M., 354 S.W.3d 920 (Tex. App. 2011). · cites it 2× “See Tex. Penal Code Ann. § 12.45 (West 2011).”
Travis Cnty. Attorney v. J.S.H., 37 S.W.3d 163 (Tex. App. 2001). · cites it 3× “See Tex. Penal Code Ann. § 12.45 (West 1994).”
Collin Cnty. Dist. Attorney's Off. v. Fourrier, 453 S.W.3d 536 (Tex. App. 2014). · cites it 2× “Tex. Penal Code Ann. § 12.45 (a) (West 2011).”
Reed v. State, 48 S.W.3d 856 (Tex. App. 2001). · cites it 2× “See Tex. Pen.Code Ann. § 12.45(a) (Vernon 1994).”
Texas Dep't of Pub. Saf. v. G. B. E., 459 S.W.3d 622 (Tex. App. 2014). “See Tex. Penal Code § 12.45. M.M. later sought expunction of the unadjudicated DWI and assault charges.”
Show all 143 citing cases →
— Tex. Penal Code § 12.45(a) — 23 cases
Lopez v. State, 253 S.W.3d 680 (Tex. Crim. App. 2008). “Texas Penal Code § 12.45 permits a defendant (with the prosecutor’s consent) to admit guilt of an unadjudicated extraneous offense, have that offense taken into account by the trial court in sentencing on the primary offense, and thereafter bar any future prosecution for that…”
Reed v. State, 48 S.W.3d 856 (Tex. App. 2001). “See Tex. Pen.Code Ann. § 12.45(a) (Vernon 1994).”
Chimney v. State, 6 S.W.3d 681 (Tex. App. 1999).
Williams v. State, 314 S.W.3d 45 (Tex. App. 2010). “Later, during recross examination, the State’s lawyer asked Appellant to identify another exhibit, this one a motion to dismiss pursuant to Texas Penal Code section 12.45. 1 This was a motion from a case that was not the burglary case, but bore a cause number that came…”
In re the Expunction of A.G., 417 S.W.3d 652 (Tex. App. 2013).
— Tex. Penal Code § 12.45(c) — 9 cases
In re the Expunction of A.G., 417 S.W.3d 652 (Tex. App. 2013).
Perea v. State, 870 S.W.2d 314 (Tex. App. 1994).
Johnson, David John (Tex. App. 2015).
Joe Ray Cumpian, II v. State (Tex. App. 2018).
KING, JUSTIN SHANE v. the State of Texas (Tex. Crim. App. 2023).
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