The Texas offense of Murder includes acts of intentional killing and unintentional killing. Unlike many other states, Texas does not have “degrees” of murder. There are, however, other homicide crimes in Texas, including Capital Murder, Manslaughter, Intoxication Manslaughter and Criminally Negligent Homicide.

For many years, the Murder statute in Texas included intentionally killing someone, knowingly killing someone, intentionally causing serious bodily injury that ended up killing someone, and “felony murder” – where someone dies in the course of another felony being committed. But as of 2023, the Texas Murder statute also includes drugs killing someone. This law has been called the “Fentanyl Murder” law.

UPDATE: The Murder law was amended in the 88th Texas Legislature, effective September 1, 2023. Learn more detailed information about the Murder offense below.

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

What is the current Texas law about Murder?

The current Texas law defines the offense of Murder in Penal Code Section §19.02 as follows:^[1]

(b) A person commits an offense if the person:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;

(3) 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; or

(4) knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual’s body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.

Subsection (b)(4) was added in 2023 by the 88th Texas Legislature.^[2] This is what is known as the Fentanyl Murder law.

How can you defend against a murder or manslaughter charge?

There are two statutory defenses in Section 19.02. Subsection (d) provides that “at the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.” Subsection (e), added in 2023 by the 88th Texas Legislature provides a defense to the prosecution of the Fentanyl Murder law “that the actor’s conduct in manufacturing or delivering the controlled substance was authorized under Chapter 481, Health and Safety Code, or other state or federal law.”

However, the best defense to a homicide charge is the defense that begins before an arrest is made. If you are under investigation or a homicide crime, please schedule a consultation with us–before you agree to cooperate with a police investigation or interrogation. The decision about whether to cooperate with a police investigation is not a decision you should make alone: you need the advice of a criminal defense attorney and you need representation throughout the process.

In addition, the best defense involves a good offense. By that I mean a thorough and independent investigation, evaluation of the police department’s investigation, and forensic evidence. Our experienced homicide defense attorney can coordinate all of this in order to defend you in the most effective way possible. In addition, we can work to get a murder or manslaughter indictment no-billed, before you are even formally charged.

What is the difference between murder and manslaughter?

Criminal Homicide is codified in Chapter 19 of the Texas Penal Code. Texas state law says criminal homicide is classified as either murder, capital murder, manslaughter, or criminally negligent homicide.
A person can be convicted of murder under Texas state law when that person:

• Intentionally or knowingly causes the death of an individual; OR
• Intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; OR
• 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.

In the first two circumstances, a person must have the intent to commit harm. This is a mindset that the state must prove. However, you can be convicted of murder without any intent to harm someone under the third circumstance described above, where a person kills someone by committing an act “clearly dangerous to human life.” This is commonly known as the Felony Murder Doctrine.

All Murder convictions are a minimum offense level of a first degree felony, meaning that a conviction will entail the potential for a prison term of 5 to 99 years, or life, in Texas state prison. More on the range of punishment for Texas crimes here >>

The definition of manslaughter under Texas law is simple– A person commits manslaughter under Texas law if the person recklessly causes the death of an individual. Manslaughter is a felony of the second degree.

So the two main differences between murder and manslaughter are 1) the way in which the death was caused (was it intentional, reckless or caused during the commission of a felony?) and 2) the penalty range (a first degree felony for murder versus a second degree felony for manslaughter). It is also important to note that Capital Murder is a separate charge under Texas state law.

What is Criminally Negligent Homicide?

Under Texas law, Criminally Negligent Homicide is an offense committed when he or she causes the death of an individual by “criminal negligence.” Of course the critical definition to understand is criminal negligence. And for this, you have to look at case law and what a jury finds. Please speak with our criminal defense attorney to discuss the specific circumstances in your case.

The offense of criminally negligent homicide is a state jail felony.^[3]

What is the Fentanyl Murder law?

The Fentanyl Murder law refers to subsection (b)(4) of the Murder statute: “A person commits an offense if the person … knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual’s body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.”

What is the penalty for a Texas Murder offense?

Murder is punishable as a first degree felony,^[4] with a penalty range from 5 to 99 years or life in prison. However, if you prove that you “caused the death under the immediate influence of sudden passion arising from an adequate cause” by a preponderance of the evidence at the punishment stage of a trial (after conviction), then the offense is punishable as as second degree felony with a maximum prison sentence of 20 years.^[5]

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Legal References:

^1. Texas Penal Code §19.02. This law is current as of the 88th Legislature Regular Session.^2. HB 6, 88th Texas Legislature, Section 20^3. Texas Penal Code §19.02(b)^4. Texas Penal Code §19.02(c)^5. Texas Penal Code §19.02(d)