If an offense outside the Penal Code is punishable by a fine only, what classification is it?

If an offense outside the Penal Code is punishable by a fine only, what classification is it?

• A. Class B misdemeanor
• B. Felony
• C. Class C misdemeanor
• D. Infraction

Answer: (C)

In Texas, the distinction hinges on where the offense is created and the punishment it carries. If an offense is created outside the Penal Code (such as by a city ordinance) and the punishment is only a fine with no jail time, it is an Infraction. Infractions are not crimes and are resolved in municipal or justice court with a monetary penalty. A Class C misdemeanor, while it can be punishable by a fine only, is a criminal offense defined in the Penal Code, not outside it. Felonies and Class B misdemeanors involve greater penalties, potentially including imprisonment. So, for an offense outside the Penal Code that is punishable by a fine only, the correct classification is Infraction.

In Texas, the distinction hinges on where the offense is created and the punishment it carries. If an offense is created outside the Penal Code (such as by a city ordinance) and the punishment is only a fine with no jail time, it is an Infraction. Infractions are not crimes and are resolved in municipal or justice court with a monetary penalty. A Class C misdemeanor, while it can be punishable by a fine only, is a criminal offense defined in the Penal Code, not outside it. Felonies and Class B misdemeanors involve greater penalties, potentially including imprisonment. So, for an offense outside the Penal Code that is punishable by a fine only, the correct classification is Infraction.