Texas Penal Code 12.502 – Penalty If Offense Committed On Premises of Postsecondary Educational Institution
(a) In this section:
(1) “Postsecondary educational institution” means:
(A) an institution of higher education or a private or independent institution of higher education as defined by § 61.003, Education Code; or
(B) a career school or college as defined by § 132.001, Education Code.
(2) “Premises” means real property and all buildings and appurtenances pertaining to the real property.
(b) Except as provided by Subsection (c), if it is shown on the trial of an offense under § 21.07, 21.08, 21.15, or 21.17 that the offense was committed in a location that was on the premises of a postsecondary educational institution, the category of punishment for the offense is increased to a higher category of offense as follows:
(1) a Class C misdemeanor is increased to a Class B misdemeanor;
(2) a Class B misdemeanor is increased to a Class A misdemeanor;
(3) a Class A misdemeanor is increased to a state jail felony; and
(4) a state jail felony is increased to a felony of the third degree.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Penal Code 12.502
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Conviction: A judgement of guilt against a criminal defendant.
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) For an offense otherwise punishable under Subsection (b), if it is shown on the trial of the offense that the person has been previously convicted twice of an offense under § 21.07, 21.08, 21.15, or 21.17 for which the punishment was increased under Subsection (b), the category of punishment for the offense is increased to a higher category of offense as follows:
(1) a Class C misdemeanor is increased to a Class A misdemeanor;
(2) a Class B misdemeanor is increased to a state jail felony;
(3) a Class A misdemeanor is increased to a felony of the third degree; and
(4) a state jail felony is increased to a felony of the second degree.
(d) If the punishment scheme for an offense under § 21.07, 21.08, 21.15, or 21.17 contains a specific enhancement provision increasing punishment to a higher minimum term of punishment than the minimum term required by the applicable higher category of offense prescribed by Subsection (b) or (c), the specific enhancement provision controls over this section.
(e) A previous conviction may be used for purposes of enhancement under this section or under another provision of Subchapter D, Chapter 12, but not under both this section and the other provision.