(a) Article 42A.053 does not apply to a defendant adjudged guilty of an offense under:
(1) § 15.03, Penal Code, if the offense is punishable as a felony of the first degree;
(2) § 19.02, Penal Code (Murder);
(3) § 19.03, Penal Code (Capital Murder);
(4) § 20.04, Penal Code (Aggravated Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of Persons);
(6) Section 20A.03, Penal Code (Continuous Trafficking of Persons);
(7) § 21.11, Penal Code (Indecency with a Child);
(8) § 22.011, Penal Code (Sexual Assault);
(9) § 22.021, Penal Code (Aggravated Sexual Assault);
(10) § 22.04(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the first degree; and
(B) the victim of the offense is a child;
(11) § 29.03, Penal Code (Aggravated Robbery);
(12) § 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection (d) of that section; and
(B) the actor committed the offense with the intent to commit a felony under § 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;
(13) § 43.04, Penal Code (Aggravated Promotion of Prostitution);
(14) § 43.05, Penal Code (Compelling Prostitution);
(15) § 43.25, Penal Code (Sexual Performance by a Child);
(16) § 43.26, Penal Code (Possession or Promotion of Child Pornography);
(17) Chapter 481, Health and Safety Code, for which punishment is increased under:
(A) Section 481.140 of that code (Use of Child in Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections; or
(18) § 481.1123, Health and Safety Code (Manufacture or Delivery of Substance in Penalty Group 1-B), if the offense is punishable under Subsection (d), (e), or (f) of that section.
(b) Article 42A.053 does not apply to a defendant when it is shown that:
(1) a deadly weapon as defined by § 1.07, Penal Code, was used or exhibited during the:
(A) commission of a felony offense; or
(B) immediate flight from the commission of a felony offense; and
(2) the defendant:
(A) used or exhibited the deadly weapon; or
(B) was a party to the offense and knew that a deadly weapon would be used or exhibited.

(c) On an affirmative finding regarding the use or exhibition of a deadly weapon as described by Subsection (b), the trial court shall enter the finding in the judgment of the court.
(d) On an affirmative finding that the deadly weapon under Subsection (c) was a firearm, the court shall enter that finding in its judgment.
(e) Notwithstanding Subsection (a), with respect to an offense committed by a defendant under § 43.04 or 43.05, Penal Code, a judge may place the defendant on community supervision as permitted by Article 42A.053 if the judge makes a finding that the defendant committed the offense solely as a victim of an offense under Section 20A.02, 20A.03, 43.03, 43.04, or 43.05, Penal Code.