3(g) offenses are crimes that used to be listed in Article 42.12, section 3(g) of the Texas Code of Criminal Procedure but are now listed in Article 42A.054 of the Code of Criminal Procedure. Because lawyers have called these crimes 3(g) offenses for so long, the 3(g) name has stuck even though they’re now in a completely different section of the Code.
There are two main differences between 3(g) offenses and other felony offenses.
First, if you’re convicted of a 3(g) offense, the judge cannot give you probation, only the jury can.
Second, if you’re sentenced to prison for a 3(g) offense, you’re not eligible for parole until you’ve served at least two years or half of your sentence (up to a maximum of 30 years), whichever is greater.
The 3(g) offenses are:
- Murder
- Capital murder
- Aggravated kidnapping
- Human trafficking
- Indecency with a child
- Sexual assault
- Aggravated sexual assault
- Injury to a child or disabled individual (if it’s a first-degree offense and the victim is a child)
- Aggravated robbery
- Burglary of a habitation with intent to commit a felony other than felony theft
- Compelling prostitution
- Sexual performance by a childPossesion or promotion of child pornography
- Use of a child in a drug offense; and
- Any felony offense in which a deadly weapon was used or exhibited
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