Murder in Texas law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Texas.
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate slightly above the median for the entire country. [1]
The felony murder rule in Texas, codified in Texas Penal Code § 19.02(b)(3), [2] states that a person commits murder if he or she "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, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual."
The felony murder rule is sometimes confused with the law of parties, [3] which states that a person can be criminally responsible for the actions of another by aiding or abeting, or conspires with the principal.
Offense | Mandatory sentencing [4] |
---|---|
Negligent homicide | 6 months to 2 years in jail |
Manslaughter | 2 to 20 years in prison |
Murder |
|
Capital murder | For adults: Death or life-without-parole For juveniles in adult court: Life with the possibility of parole after 40 years For juveniles in juvenile court: Maximum of 40 years in prison |
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.
Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.
Life imprisonment is any sentence of imprisonment for a crime under which the convicted criminal is to remain in prison for the rest of their natural life. Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.
Burglary, also called breaking and entering (B&E) and housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
In the United States, habitual offender laws have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
Capital punishment is a legal penalty in the U.S. state of Texas for murder, and participation in a felony resulting in death if committed by an individual who has attained or is over the age of 18.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution. Generally there are two systems of criminal law to which a person maybe subject; the most frequent is state criminal law, and the other is federal law.
Murder in Ohio law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Ohio.
Special circumstances in criminal law are actions of the accused, or conditions under which a crime, particularly homicide, was committed. Such factors require or allow for a more severe punishment.
Murder in Colorado law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Colorado.
Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.
Murder in Michigan law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Michigan.
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.
Murder in Delaware law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Delaware.
Murder in Connecticut is defined as the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Connecticut. The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country.
Murder in Indiana law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Indiana.
Murder in New York law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New York. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city.