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Tex. Penal Code § 49.08

INTOXICATION MANSLAUGHTER

Applied in 82 court decisions — leading case Zuniga v. State (2004)

Most recently applied in United States v. Trujillo (July 2021)

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff

How often courts cite this section

1995200020102021100
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A person commits an offense if the person:

(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and

(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

(b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.