Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Penalty if Offense Committed Within Weapon-Free School Zone

Penalty if Offense Committed Within Weapon-Free School Zone

Chapter 46 of the Texas Penal Code defines charges and punishments for weapon related offenses.

“Penalty if Offense Committed Within Weapon-Free School Zone”, as per § 46.11 of the Texas Penal Code, increases the punishment for offenses under chapter 46 to the next highest level if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was:

  • within 300 feet of the premises of a school; or

  • on premises where:

    • an official school function is taking place; or

    • an event sponsored or sanctioned by the University Interscholastic League is taking place.

Severity of Crime

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days

  • Fine not to exceed $2,000

  • Both such fine and confinement

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

  • Imprisonment in the institutional division for life, or

  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon

  • In addition to imprisonment, may receive a fine not to exceed $10,000