Section 37.09 - Lesser Included Offense An offense is a lesser included offense if:
(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged;(2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission;(3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or(4) it consists of an attempt to commit the offense charged or an otherwise included offense.Tex. Code Crim. Proc. § 37.09
Amended by Acts 1973, 63rd Leg., p. 972, ch. 399, Sec. 2(A), eff. 1/1/1974.Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.