Criminally Negligent Homicide: Texas Penal Code §19.05

Texas Criminal Law

Nicholas Toufexis 2024 Best Lawyers "Ones to Watch" logo
Dallas Best Lawyers 2022 Badge

The Texas Criminally Negligent Homicide law gives police the right to arrest you if they believe you caused someone’s death by doing something that was criminally negligent.

Criminally Negligent Homicide is one of the Criminal Homicide charges in Texas. The others are Murder, Manslaughter and Capital Murder.

Have you been charged with Criminally Negligent Homicide? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.

Or apply for a free consultation here

If the state’s attorneys believed that you caused the death of an individual while you were operating a motor vehicle while intoxicated, you could also be charged with Intoxication Manslaughter.

The Texas legislature codified this criminal offense in Texas Penal Code Section 19.05. The law was not updated in 2023. In fact, this law has not been amended since 1993.

The Penal Code codifies the Texas Criminally Negligent Homicide law under Title 5 “Offenses Against the Person,” Chapter 19 “Criminal Homicide.” Learn more about the Texas offense of Criminally Negligent Homicide below.

What is the current Texas law about Criminally Negligent Homicide?

The current Texas law defines the offense of Criminally Negligent Homicide in Penal Code Section §19.05 as follows:[1]

(a) A person commits an offense if he causes the death of an individual by criminal negligence.

How can I be charged with a Criminally Negligent Homicide offense in Texas?

You can be charged with Criminally Negligent Homicide in Texas if the state’s attorneys believe that each of the elements of 19.05(a) as described in the section above have been met.

What is the statute of limitation for Criminally Negligent Homicide in Texas?

Criminally Negligent Homicide offenses have a three-year limitations period.[2]

What is the penalty for a Texas Criminally Negligent Homicide offense?

A conviction for Criminally Negligent Homicide in Texas is punished as a State Jail Felony,[3] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Criminally Negligent Homicide in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Criminally Negligent Homicide, and judges are also allowed to accept deferred adjudication plea deals.[4]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[5] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[6]

What level of crime is Criminally Negligent Homicide in Texas?

The Penal Code classifies the punishment for Criminally Negligent Homicide as a state jail felony.

Learn more about the penalty range for this offense in the section above.


^1. Texas Penal Code §19.05. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.01(9)^3. Texas Penal Code §19.05(b)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Art. 42A.053(c), Texas Code of Criminal Procedure^6. Art. 42A.054(b), Texas Code of Criminal Procedure

Texas Criminally Negligent Homicide text over US and American flags

Arrested or Charged With a Crime?