Felony Offenses in the Texas Penal Code

Chapter 15 - Preparatory Offenses

Section 15.01 - Criminal Attempt

1. 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.
2. 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.
3. It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
4. 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.

Section 15.02 - Criminal Conspiracy

1. A person commits criminal conspiracy if, with intent that a felony be committed:
   1. he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
   2. he or one or more of them performs an overt act in pursuance of the agreement.
2. An agreement constituting a conspiracy may be inferred from acts of the parties.
3. It is no defense to prosecution for criminal conspiracy that:
   1. one or more of the co-conspirators is not criminally responsible for the object offense;
   2. one or more of the coconspirators has been acquitted, so long as two or more co-conspirators have not been acquitted;
   3. one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
   4. the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or
   5. the object offense was actually committed.
4. An offense under this section is one category lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor.

Section 15.03 - Criminal Solicitation

1. A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.
2. A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation.
3. It is no defense to prosecution under this section that:
   1. the person solicited is not criminally responsible for the felony solicited;
   2. the person solicited 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;
   3. the actor belongs to a class of persons that by definition of the felony solicited is legally incapable of committing the offense in an individual capacity; or
   4. the felony solicited was actually committed.
4. An offense under this section is:
   1. a felony of the first degree if the offense solicited is a capital offense; or
   2. a felony of the second degree if the offense solicited is a felony of the first degree.

Section 15.04 - Criminal Solicitation of a Minor

1. A person commits an offense if, with intent that an offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense listed by Section 3g(a)(1), Article 42.12, or make the minor a party to the commission of an offense listed by Section 3g(a)(1), Article 42.12.
2. A person commits an offense if, with intent that an offense under Section 21.11, 22.011, 22.021, or 43.25 be committed, the person by any means requests, commands, or attempts to induce a minor or another whom the person believes to be a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense under one of those sections or would make the minor or other believed by the person to be a minor a party to the commission of an offense under one of those sections.
3. A person may not be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the minor act on the solicitation.
4. It is no defense to prosecution under this section that:
   1. the minor solicited is not criminally responsible for the offense solicited;
   2. the minor solicited 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;
   3. the actor belongs to a class of persons that by definition of the offense solicited is legally incapable of committing the offense in an individual capacity; or
   4. the offense solicited was actually committed.
5. An offense under this section is one category lower than the solicited offense.
6. In this section, "minor" means an individual younger than 17 years of age.