Texas statute
Tex. Code Crim. Proc. art. 37.09 — Lesser included offense
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 37: THE VERDICT, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 37.09
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
An offense is a lesser included offense if: (1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission; (3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or (4) it consists of an attempt to commit the offense charged or an otherwise included offense.
Official sources
This reference is informational and is not legal advice.