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.
Punishment Range
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