What is the punishment for the first offense under this section?

• A. 3rd Degree
• B. 2nd Degree
• C. 1st Degree
• D. State Jail Felony

Answer: (D)

For this section, the baseline punishment for a first offense is set at a state jail felony. In Texas, a state jail felony sits between a Class A misdemeanor and a true felony, used for offenses that are more serious than misdemeanors but not at the level of a typical felony. The first-offense penalty is confinement in a state jail for 180 days to two years, with a possible fine up to $10,000. The section’s language usually establishes this as the starting point, while enhancements or repeats can raise the punishment to higher degrees of felony. That’s why the first offense is identified as a state jail felony—the statute is guiding you to the baseline category before any aggravating factors come into play. The other options reflect higher-degree felonies, which aren’t indicated by the first-offense language in many sections.