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Selected Date: 5/30/2015
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Penal Code 19.02 on 5/30/2015

	
					

Sec. 19.02.  MURDER. (a) In this section:

(1)  "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2)  "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

(b)  A person commits an offense if he:

(1)  intentionally or knowingly causes the death of an individual;

(2)  intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3)  commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(c)  Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d)  At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

The statutes available on this website are current through the 1st Called Session of the 85th Legislature, August 2017. The Texas Constitution is current through the amendments approved by voters in November 2017. In 2018 the section headings to the constitution, which are not officially part of the text of the constitution, have been revised to reflect amendments and to modernize the language.