Tex. Codes » Penal Code · TITLE 4. INCHOATE OFFENSES · CHAPTER 15. PREPARATORY OFFENSES
Texas Codes

Tex. Penal Code § 15.01 (2026)

Criminal Attempt

✓ current as of May 2026
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Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.

(b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.

(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.

(d) Except as provided by Subsection (e), an offense under this section is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.

(e) If the offense attempted is capital murder of a peace officer under Section 19.03(a)(1), the offense is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 4, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 570 (H.B. 1871), Sec. 1, eff. September 1, 2025.

Notes of Decisions
Cited in 712 cases (82 in the last 5 years), 1978–2026 · leading case: Thornton, Gregory, 425 S.W.3d 289 (Tex. Crim. App. 2014).
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Thornton, Gregory, 425 S.W.3d 289 (Tex. Crim. App. 2014). · cites it 7× “If this were the case — that is, if the actor could be convicted of tampering with evidence on the basis of a jury finding that he harbored a culpable mental state less than intent with respect to the element of concealment — then a jury finding of guilt as to the completed…”
Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009). · cites it 4× “[57] TEX. PENAL CODE ANN. § 15.01 (Vernon 1994).”
Karl Dean Stahmann v. State, 548 S.W.3d 46 (Tex. App. 2018). · cites it 5× “We remand the cause to the trial court with instructions to reform the judgment to reflect a conviction for the offense of attempted tampering with physical evidence, a state-jail felony, see TEX. PENAL CODE ANN. §§ 15.01, 37.09, and for further proceedings, including a new…”
Swearingen v. State, 101 S.W.3d 89 (Tex. Crim. App. 2003). · cites it 2× “Tex. Pen.Code § 15.01(a). Based on the circumstantial evidence presented at trial, a rational jury could have concluded that: Trotter left the college with Swearingen in his truck.”
James Musgrove v. State, 425 S.W.3d 601 (Tex. App. 2014). · cites it 9× “1 We affirm the judgment of the trial court, as modified, with regard to appellant’s assault convictions, and reverse the judgment as to appellant’s attempted escape 1 See Tex. Penal Code §§ 15.01, 22.01(b)(1), 38.”
Roberson v. State, 144 S.W.3d 34 (Tex. App. 2004). · cites it 6× “” Tex. Penal Code Ann. § 15.01 (a) (Vernon 2003).”
Milner, Ex Parte Kenneth Glenn, 394 S.W.3d 502 (Tex. Crim. App. 2013). · cites it 4× “2404 and 2405, applicant was convicted of attempted capital murder under Texas Penal Code §§ 15.01 (criminal attempt) and 19.”
Bullock v. State, 509 S.W.3d 921 (Tex. Crim. App. 2016). · cites it 2× “Tex. Penal Code § 15.01(a). . Tex. Code Crim.”
Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011). · cites it 2× “NOTES [1] See TEX. PENAL CODE § 15.01(a); TEX. PENAL CODE § 30.”
Price, Jimmy Don, 434 S.W.3d 601 (Tex. Crim. App. 2014). · cites it 3× “See Tex. Penal Code §§ 15.01(a); 21.02(b), (c), (e).”
Patterson v. State, 152 S.W.3d 88 (Tex. Crim. App. 2004). · cites it 2× “(Tex. Pen.Code § 15.01(a)). The jury convicted on all paragraphs and assessed terms of imprisonment ranging from five to thirty-five years for each of the offenses.”
Kevin Lee Farris v. State, 506 S.W.3d 102 (Tex. App. 2016). · cites it 4× “See Tex. Penal Code Ann. §§ 15.01 , 21.11 (West, Westlaw through 2015 R.”
Show all 712 citing cases →
— Tex. Penal Code § 15.01(a) — 175 cases
Thornton, Gregory, 425 S.W.3d 289 (Tex. Crim. App. 2014). “If this were the case — that is, if the actor could be convicted of tampering with evidence on the basis of a jury finding that he harbored a culpable mental state less than intent with respect to the element of concealment — then a jury finding of guilt as to the completed…”
Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009). “[57] TEX. PENAL CODE ANN. § 15.01 (Vernon 1994).”
Swearingen v. State, 101 S.W.3d 89 (Tex. Crim. App. 2003). “Tex. Pen.Code § 15.01(a). Based on the circumstantial evidence presented at trial, a rational jury could have concluded that: Trotter left the college with Swearingen in his truck.”
Bullock v. State, 509 S.W.3d 921 (Tex. Crim. App. 2016). “Tex. Penal Code § 15.01(a). . Tex. Code Crim.”
Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011). “NOTES [1] See TEX. PENAL CODE § 15.01(a); TEX. PENAL CODE § 30.”
— Tex. Penal Code § 15.01(b) — 9 cases
Harner v. State, 997 S.W.2d 695 (Tex. App. 1999).
Hernandez v. State, 10 S.W.3d 812 (Tex. App. 2000).
United States v. Garcia-Ortiz, 241 F. App'x 222 (5th Cir. 2007).
Roman Lee Walker v. State (Tex. App. 2012).
Jessie Rodriguez v. the State of Texas (Tex. App. 2024).
— Tex. Penal Code § 15.01(c) — 9 cases
Thornton, Gregory, 425 S.W.3d 289 (Tex. Crim. App. 2014). “If this were the case — that is, if the actor could be convicted of tampering with evidence on the basis of a jury finding that he harbored a culpable mental state less than intent with respect to the element of concealment — then a jury finding of guilt as to the completed…”
Littrell v. State, 271 S.W.3d 273 (Tex. Crim. App. 2008).
Price, Jimmy Don, 434 S.W.3d 601 (Tex. Crim. App. 2014). “See Tex. Penal Code §§ 15.01(a); 21.02(b), (c), (e).”
Karl Dean Stahmann v. State, 548 S.W.3d 46 (Tex. App. 2018). “We remand the cause to the trial court with instructions to reform the judgment to reflect a conviction for the offense of attempted tampering with physical evidence, a state-jail felony, see TEX. PENAL CODE ANN. §§ 15.01, 37.09, and for further proceedings, including a new…”
Rabb, Richard Lee, 483 S.W.3d 16 (Tex. Crim. App. 2016).
— Tex. Penal Code § 15.01(d) — 30 cases
James Musgrove v. State, 425 S.W.3d 601 (Tex. App. 2014). “1 We affirm the judgment of the trial court, as modified, with regard to appellant’s assault convictions, and reverse the judgment as to appellant’s attempted escape 1 See Tex. Penal Code §§ 15.01, 22.01(b)(1), 38.”
Saucedo, Andrew Melchor, 576 S.W.3d 712 (Tex. Crim. App. 2019).
Espinoza v. State, 955 S.W.2d 108 (Tex. App. 1997).
Hughen v. State, 297 S.W.3d 330 (Tex. Crim. App. 2009).
Clinton, Katherine, 354 S.W.3d 795 (Tex. Crim. App. 2011).
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