In Texas criminal cases, the term “3G” is used to indicate that a particular crime is very serious. Even though “3G” is often used as a general term in Texas to indicate that a crime is treated seriously, the term “3G” has a very specific meaning in Texas law. The term “3G” comes from the Texas Code of Criminal Procedure in section 42.12. Subsection 3G.
The crimes listed in Texas Code of Criminal Procedure 42.12 (3) (g) are:
- Capital Murder,
- Indecency with a Child by Contact,
- Aggravated Kidnapping,
- Aggravated Sexual Assault,
- Aggravated Robbery,
- Sexual Assault,
- Injury to a Child,
- Injury to an Elderly Person,
- Injury to a Disabled Individual,
- Sexual Performance by a Child,
- Criminal Solicitation and
- Any Crime were a Deadly Weapon was used During, Before or After the Offense
Anyone that is charged with a “3G” offense should be aware that there are certain restrictions on what a judge or prosecutor can do. For example, a person that is charged with a “3G” offense can not receive probation from a judge as part of a plea bargain. They can, however, received deferred adjudication from a judge or probation from a jury after a guilty verdict in a jury trial. Anyone that is charged with a “3G” offense must be aware of the effect of the “3G” designation on their case.
Also, a person that is convicted of a “3G” offense and sent to prison must serve at least 1/2 of their sentence or 30 years, whichever is less. In the rare case where a person is convicted of a “3G” offense receives a sentence of less than 4 years, they still are not eligible for parole until after serving 2 years.