Jugging: Texas Penal Code §29.04

The Texas Jugging law targets a pattern of conduct in which a person follows someone from a commercial business or “financial institution” on the same route with the intent to steal that person’s money, while possessing two or more “criminal instruments.”

The Texas legislature created the Jugging offense in 2025 and placed it in Chapter 29 of the Penal Code at §29.04.

The law applies only to conduct on or after September 1, 2025. Earlier conduct is governed by the laws that existed at that time.

To establish the offense, the state must show that the actor followed another person from a commercial business or financial institution on the same path or route without substantial deviation, possessed at least two criminal instruments, and did so with the intent to steal the other person’s money. The statute also ties punishment to related conduct. If, during the jugging, the actor commits a vehicle burglary or a robbery, the penalty increases.

The Penal Code classifies the Texas Jugging law under Title 7 “Offenses Against Property,” Chapter 29 “Robbery.” Learn more about the Texas offense of Jugging below.

What is the current Texas law about Jugging?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Jugging in Penal Code Section §29.04, as follows:^[1]

(a) A person commits an offense if, with the intent to commit theft of another person’s money, the person:

(1) knowingly travels from a commercial business or financial institution, as defined by Section 201.101, Finance Code, on the same path or route as another person without substantially deviating from that path or route; and

(2) is in possession of two or more criminal instruments, as defined by Section 16.01.

Under the statute, the state must prove three elements: intent to steal another person’s money, that you knowingly traveled from a commercial business or financial institution on the same path or route as another person without substantially deviating, and possession of two or more criminal instruments.^[2]

The law takes effect September 1, 2025, and it applies prospectively to conduct occurring on or after that date.^[3] The legislature expressly authorized prosecutors to charge Jugging in addition to any overlapping offense, which means a single episode can support multiple counts when the facts satisfy more than one statute.^[4]

Key terms are cross-referenced to existing law: “financial institution” takes its meaning from the Finance Code,^[5] and “criminal instrument” borrows the definition from Penal Code §16.01.^[6]

What is the penalty for a Texas Jugging offense?

By default, Jugging is a state jail felony.^[7] However, the offense can be enhanced to a third degree felony if, during the commission of the offense, the actor also commits Burglary of Vehicles,^[8] and it can be enhanced to a first degree felony if the actor also commits Robbery.^[9]

What is a “criminal instrument”?

The Jugging statute borrows its defintion of “criminal instrument” from Section 16.01 of the Penal Code, Unlawful Use of Criminal Instrument or Mechanical Security Device.^[10]

Section 16.01 defines “criminal instrument” as “anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.”^[11]

How can I be charged with a Jugging offense in Texas?

You can be charged with Jugging in Texas if the state’s attorneys believe that each of the elements of §29.04(a), as described in the section above, have been met.

What is the statute of limitations for Jugging in Texas?

Under the default rules for all felonies, Jugging offenses have a three-year limitations period.^[12]

Can you get probation for Jugging in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Jugging, and judges are also allowed to accept deferred adjudication plea deals.^[13]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[14] 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.^[15]

What level of crime is Jugging in Texas?

The Penal Code classifies the punishment for Jugging as a state jail felony, with enhancements to a third-degree felony for accompanying vehicle burglary and to a first-degree felony for accompanying robbery.

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

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Legal References:

^1. Texas Penal Code §29.04. This law is current as of 2025.^2. Texas Penal Code §29.04(a)(1)–(2)^3. See HB 1902, 89th Texas Legislature (RS), Section 2^4. Texas Penal Code §29.04(c), as enacted by HB 1902, 89th Texas Legislature (RS), Section 1^5. Texas Penal Code §29.04(a)(1), as enacted by HB 1902, 89th Texas Legislature (RS), Section 1, cross-referencing Texas Finance Code §201.101^6. Texas Penal Code §29.04(a)(2), as enacted by HB 1902, 89th Texas Legislature (RS), Section 1^7. Texas Penal Code §29.04(b)^8. Texas Penal Code §29.04(b)(1)^9. Texas Penal Code §29.04(b)(2)^10. Texas Penal Code §29.04(a)(2), as enacted by HB 1902, 89th Texas Legislature (RS), Section 1^11. Texas Penal Code §16.01(b)(1)^12. See Code of Criminal Procedure §12.01(11)^13. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^14. Art. 42A.053(c), Texas Code of Criminal Procedure^15. Art. 42A.054(b), Texas Code of Criminal Procedure