Texas Penal Code 12.51 – Authorized Punishments for Corporations, Associations, Limited Liability Companies, and Other Business Entities
(a) If a corporation, an association, a limited liability company, or another business entity is adjudged guilty of an offense that provides a penalty consisting of a fine only, a court may sentence the corporation, association, limited liability company, or other business entity to pay a fine in an amount fixed by the court, not to exceed the fine provided by the offense.
(b) If a corporation, an association, a limited liability company, or another business entity is adjudged guilty of an offense that provides a penalty including imprisonment, or that provides no specific penalty, a court may sentence the corporation, association, limited liability company, or other business entity to pay a fine in an amount fixed by the court, not to exceed:
(1) $20,000 if the offense is a felony of any category;
(2) $10,000 if the offense is a Class A or Class B misdemeanor;
(3) $2,000 if the offense is a Class C misdemeanor; or
(4) $50,000 if, as a result of an offense classified as a felony or Class A misdemeanor, an individual suffers serious bodily injury or death.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Penal Code 12.51
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Association: means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. See Texas Penal Code 1.07
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. See Texas Penal Code 1.07
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Property: means real and personal property. See Texas Government Code 311.005
(c) In lieu of the fines authorized by Subsections (a), (b)(1), (b)(2), and (b)(4), if a court finds that the corporation, association, limited liability company, or other business entity gained money or property or caused personal injury or death, property damage, or other loss through the commission of a felony or Class A or Class B misdemeanor, the court may sentence the corporation, association, limited liability company, or other business entity to pay a fine in an amount fixed by the court, not to exceed double the amount gained or caused by the corporation, association, limited liability company, or business entity to be lost or damaged, whichever is greater.
(d) In addition to any sentence that may be imposed by this section, a corporation, an association, a limited liability company, or another business entity that has been adjudged guilty of an offense may be ordered by the court to give notice of the conviction to any person the court deems appropriate.
(e) On conviction of a corporation, an association, a limited liability company, or another business entity, the court shall notify the attorney general of that fact.
(f) In this section, “business entity” has the meaning assigned by § 7.21.