Texas Code of Criminal Procedure - Article 37.09. Lesser Included Offense
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Art. 37.09. [695] [772] [752] LESSER INCLUDED OFFENSE. An
offense is a lesser included offense if:
(1) it is established by proof of the same or less than all
the facts required to establish the commission of the offense
charged;
(2) it differs from the offense charged only in the respect
that a less serious injury or risk of injury to the same person,
property, or public interest suffices to establish its commission;
(3) it differs from the offense charged only in the respect
that a less culpable mental state suffices to establish its
commission; or
(4) it consists of an attempt to commit the offense charged
or an otherwise included offense.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 972, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
Article: 37.05 37.06 37.07 37.071 37.0711 37.073 37.08 37.09 37.10 37.11 37.12 37.13 37.14 38.01 38.03
Last modified: August 11, 2007
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