Texas Codes

Tex. Penal Code § 28.10 (2026)

Enhanced Penalty For Certain Misdemeanors Or State Jail Felonies

✓ current as of May 2026

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Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR STATE JAIL FELONIES. The punishment for an offense under this chapter that is punishable as a misdemeanor or a state jail felony is increased to the punishment for a felony of the third degree if it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05(a)(2).

Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 2 (S.B. 4), Sec. 7, eff. February 6, 2024.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Sandy Perez Hernandez v. State (Tex. App. 2019).

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Sandy Perez Hernandez v. State (Tex. App. 2019). “TEX. PENAL CODE ANN. § 28.10(c). There was only one child, the child to whom Hernandez gave birth, who was injured and died the same day.”

— Tex. Penal Code § 28.10(c) — 1 case

Sandy Perez Hernandez v. State (Tex. App. 2019). “TEX. PENAL CODE ANN. § 28.10(c). There was only one child, the child to whom Hernandez gave birth, who was injured and died the same day.”

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