Tex. Code Crim. Proc. art. 37.09 : CODE OF CRIMINAL PROCEDURE — CODE OF CRIMINAL PROCEDURE — THE VERDICT — 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.

Tex. Code Crim. Proc. § 37.09

Amended by Acts 1973, 63rd Leg., p. 972, ch. 399, Sec. 2(A), eff. 1/1/1974.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
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