Penal Code · §19.02

Murder

(b)(1) Intentionally or knowingly causes the death of an individual; OR (b)(2) intends to cause SBI and commits an act clearly dangerous to human life that causes death; OR (b)(3) commits/attempts a felony (other than manslaughter) and in furtherance commits an act clearly dangerous to human life that causes death (felony murder).

The base classification is 1st degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • (b)(1) Intentionally or knowingly causes the death of an individual; OR
  • (b)(2) Intends to cause SBI and commits an act clearly dangerous to human life that causes death; OR
  • (b)(3) Commits or attempts a felony (other than manslaughter) and, in furtherance or in immediate flight, commits or attempts an act clearly dangerous to human life that causes death; OR
  • (b)(4) Knowingly manufactures or delivers a Penalty Group 1-B substance (fentanyl) and a person dies from using it
Texas Law — Charge Details
1st Degree Felony
Offense
Murder
Statute
Tex. Penal Code §19.02
Classification
1st degree felony

(b)(1) Intentionally or knowingly causes the death of an individual; OR (b)(2) intends to cause SBI and commits an act clearly dangerous to human life that causes death; OR (b)(3) commits/attempts a felony (other than manslaughter) and in furtherance commits an act clearly dangerous to human life that causes death (felony murder).

Potential Penalty Enhancements
If this condition applies…Charge escalates to
Sudden passion arising from adequate cause (defendant's burden at punishment)Reduced to 2nd degree felony
Plus §19.03(a) aggravator (peace officer victim, certain felonies, multiple victims, etc.)Capital Murder

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Worked examples

Worked example 1

Murder under §19.02(b) is committed when a person:

  1. Recklessly causes the death of an individual
  2. Intentionally or knowingly causes the death of an individual; OR intends to cause SBI and commits an act clearly dangerous to human life that causes death; OR commits/attempts a felony (other than manslaughter) and in furtherance commits an act clearly dangerous to human life that causes death (felony murder) Correct
  3. Causes death by criminal negligence
  4. Threatens another with imminent serious bodily injury
Why: Texas Murder includes the intentional/knowing killing, the 'intent to cause SBI plus dangerous act' theory, and the felony-murder rule. Reckless killings are Manslaughter, not Murder.
Statute: Tex. Penal Code §19.02(b)
Worked example 2

Two suspects rob a convenience store at gunpoint. As they flee, one suspect intentionally shoots and kills the clerk. Both can be charged with what?

  1. Aggravated Robbery only
  2. Felony Murder under §19.02(b)(3) AND Aggravated Robbery; the shooter likely faces Capital Murder under §19.03(a)(2) Correct
  3. Manslaughter only
  4. Criminally Negligent Homicide
Why: Both can be charged with felony murder for a death caused during commission of an underlying felony other than manslaughter (here, robbery). The shooter, who killed intentionally during a robbery, is exposed to Capital Murder under §19.03(a)(2). Both also face Aggravated Robbery (1st degree).
Statute: Tex. Penal Code §19.02(b)(3); §19.03(a)(2); §29.03