answersLogoWhite

0


Best Answer

A "Crime of Passion" is not a law. Instead, it is the idea that some crimes are done out of love or hate, and are not premeditated. This lessens the punishment and sometimes the jury will acquit you, compared to full blown homicide. Texas is the most well known state for letting people off the hook or lessening sentences due to a crime of passion, but there is no official law saying it's better to kill out of emotion than premeditation.

While you are correct when you say the punishment is lessened, this is not true that there is no law addressing 'crime of passion.' For example the Penal Code for the state of Texas reads:

Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

......

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

User Avatar

Wiki User

10y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Is a crime of passion still a law in Texas?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

What is a Class A crime in Texas?

I believe it is cattle rustling hanging is still punishable by law.


Can crime of passion be malicious damage?

Malicious Damage is a crime on the Law Books in many countries. Crimes of Passion may be part of written Law in some countries but not in all countries


In Roe v. wade the court struck down?

a Texas law that made abortion a crime


What is the law for crimes of passion?

There are no specific laws for Crimes of Passion. - - - - - - - - Crime of passion is not a law it is a term of defense, a defendant's excuse for committing a crime due to sudden anger or heartbreak, in order to eliminate the element of "premeditation." This usually arises in murder or attempted murder cases, when a spouse or sweetheart finds his/her "beloved" having sexual intercourse with another and shoots one or both of the coupled pair. To make this claim the defendant must have acted immediately upon the rise of passion, without the time for contemplation... It is sometimes called the "Law of Texas" since juries in that state are rather lenient to those defendants that can prove the act was not premeditated. The benefit of eliminating premeditation is to lessen the charge of capital murder to a charge of manslaughter which has no death penalty and limited prison terms. An emotionally charged jury may even acquit the defendant of the crime...


Did they change the law for adultery in texas?

What specific law are you referring to? In the state of Texas, adultery is not an actual crime, but it is grounds for divorce (it has to be proven, of course).


If a citizen claims ignorance of the law is he responsible for his crime?

Yes, he is still responsible for his crime. Ignorance of the law is no excuse. It is your duty as a citizen to know, understand, and obey the law. This is why laws are written.


Is against the law in Texas?

As of 2014, adultery is not a crime in the state of Texas. Adultery can be used as a reason for a divorce.


Is it legal in Texas if your sister-in-law tape recorded your brother without his knowledge?

It depends why your sister in law taped your brother. If she is trying to get grounds for divorce then a tape recording is generally not admissible in a court of law. If a crime was committed and say your brother admitted to that crime it may still not be admissible in a court of law, but some judges may listen to the tape and deem whether it can be used in court as evidence.


What did the supreme court strike down in roe vs wade?

A Texas law the made abortion a crime


Can a misdemeanor prevent gun ownership in Texas?

Possibly. If the misdemeanor involves a crime of domestic violence, then FEDERAL law (not Texas) probits possession of a firearm- anywhere in the US.


Is it a crime for your parents to open your mail if you no longer live with or speak to them?

if, under your state law, you are still considered a minor (under 18 in most states) then no it is not a crime, if you are legally an adult then yes, it is a crime.


Is adultery a crime in PA?

No, adultery was a crime in Pennsylvania until the new Crimes Code of 1973 became the (Statute's) of the Commonwealth vs. Common Law. But it is still a Civil Law issue.