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

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

Answer: (A)

In Texas, penalties are set by the statute and coded by felony degree. If a section specifies that a first offense falls under a third-degree felony, the punishment will be the range associated with that degree: typically 2 to 10 years in prison and up to a $10,000 fine. This reflects the level of gravity the statute assigns to a first offense for that particular offense, without applying the harsher penalties that come with higher degrees or the separate category of a state jail felony.

The other options correspond to different statutory classifications. A state jail felony has its own range (less than a typical felony but more than a misdemeanor), while first- and second-degree felonies carry greater potential punishment. Since the section in question designates a first offense as a third-degree felony, that is the appropriate punishment level.