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Texas statute

Tex. Penal Code § 6.02 — Requirement of culpability

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 6: CULPABILITY GENERALLY, Texas Penal Code.

Full text of Tex. Penal Code § 6.02

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.

Tex. Penal Code § 6.02Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(a) Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires. (b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element. (c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility. (d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows: (1) intentional; (2) knowing; (3) reckless; (4) criminal negligence. (e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged. (f) An offense defined by municipal ordinance or by order of a county commissioners court may not dispense with the requirement of a culpable mental state if the offense is punishable by a fine exceeding the amount authorized by Section 12.23 .

Official sources

This reference is informational and is not legal advice.