Tex. Codes » Penal Code · TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
Texas Codes

Tex. Penal Code § 7.03 (2026)

Defenses Excluded

✓ current as of May 2026
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Sec. 7.03. DEFENSES EXCLUDED. In a prosecution in which an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense:

(1) that the actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity; or

(2) that the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

SUBCHAPTER B. CORPORATIONS, ASSOCIATIONS, LIMITED LIABILITY COMPANIES, AND OTHER BUSINESS ENTITIES


Notes of Decisions
Cited in 35 cases (5 in the last 5 years), 1980–2026 · leading case: Ex Parte Thompson, 179 S.W.3d 549 (Tex. Crim. App. 2005).
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Ex Parte Thompson, 179 S.W.3d 549 (Tex. Crim. App. 2005). · cites it 4× “[15] TEX. PEN.CODE § 7.03 (emphasis added). [16] Applicant's confession was admissible at his own trial but not at Butler's trial.”
Richard Rene Rivera v. State, 507 S.W.3d 844 (Tex. App. 2016). · cites it 2× “” Tex. Penal Code Ann. § 7.03 (2) (West 2011) (emphasis added); Roberts v.”
Standefer v. United States, 447 U.S. 10 (1980). “2d 332 (1976)); Tex. Penal Code Ann. § 7.03 (Vernon 1974); Wis.”
Johnson v. State, 208 S.W.3d 478 (Tex. App. 2006). “Tex. Pen.Code Ann. § 7.03 (West 2003). Thus, the question arises whether, in order to convict appellant as a party to capital murder for remuneration, it was necessary for the State to prove at appellant’s trial that Tarlton, the primary actor, killed Beard for remuneration.”
Winfrey v. State, 338 S.W.3d 687 (Tex. App. 2011). · cites it 4× “]" Tex. Penal Code Ann. § 7.03 (2) (West 2003).”
State v. Petry, 273 S.E.2d 346 (W. Va. 1980). “05 (1958). Eleven other states have enacted statutes that modify the common law rule; these statutes have not been authoritatively construed on whether an accessory can be prosecuted after his principal’s acquittal.”
Roberts v. State, 319 S.W.3d 37 (Tex. App. 2010). “” Tex. Penal Code § 7.03(2) (emphasis added).”
Stephen Jonathon Vogt v. State, 421 S.W.3d 233 (Tex. App. 2013). “Tex. Penal Code Ann. § 7.03 (b) provides as follows: If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if…”
Wooley v. State, 629 S.W.2d 867 (Tex. App. 1982). “Tex.Pen.Code Ann. § 7.03(1) (1974) provides a party may be held criminally responsible as a party to an offense which he is otherwise legally incapable of committing alone.”
Herberling v. State, 814 S.W.2d 183 (Tex. App. 1991). “The court there determined that, pursuant to Tex.Penal Code Ann. § 7.03(2) (Vernon Supp.”
in Re Daybreak Cmty. Servs. Texas, LLC & Daybreak Cmty. Servs., Inc. (Tex. App. 2020). · cites it 2× “1 The argument that it is still a crime, and thus a “criminal act” is strengthened by Texas Penal Code section 7.03. In evaluating the potential liability of a particular actor, 1 I note that there is a strong argument to be made that Mack understood his conduct was “wrong”…”
Thompson v. Quarterman, 629 F. Supp. 2d 665 (S.D. Tex. 2007). · cites it 2× “]” Tex. Penal Code § 7.03. 20 To hold otherwise would capriciously condition a party’s conviction and sentence on the jury’s decision in another criminal ease.”
Show all 35 citing cases →
— Tex. Penal Code § 7.03(1) — 1 case
Wooley v. State, 629 S.W.2d 867 (Tex. App. 1982). “Tex.Pen.Code Ann. § 7.03(1) (1974) provides a party may be held criminally responsible as a party to an offense which he is otherwise legally incapable of committing alone.”
— Tex. Penal Code § 7.03(2) — 12 cases
Ex Parte Thompson, 179 S.W.3d 549 (Tex. Crim. App. 2005). “[15] TEX. PEN.CODE § 7.03 (emphasis added). [16] Applicant's confession was admissible at his own trial but not at Butler's trial.”
Richard Rene Rivera v. State, 507 S.W.3d 844 (Tex. App. 2016). “” Tex. Penal Code Ann. § 7.03 (2) (West 2011) (emphasis added); Roberts v.”
Roberts v. State, 319 S.W.3d 37 (Tex. App. 2010). “” Tex. Penal Code § 7.03(2) (emphasis added).”
Herberling v. State, 814 S.W.2d 183 (Tex. App. 1991). “The court there determined that, pursuant to Tex.Penal Code Ann. § 7.03(2) (Vernon Supp.”
Demond, Walter (Tex. App. 2015).
— Tex. Penal Code § 7.03(a)(2) — 1 case
Cyr, Danna Presley (Tex. Crim. App. 2022).
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