What is the difference between a statutory and common law crime?

The difference between a statutory and common law crime in Texas is the source of the law that dictates the crime and the punishment for it. Statutory law is based on laws passed by the legislature, while common law is based on the decisions made by judges over time. Statutory laws are created by state legislatures and are specific to the state in which they are passed. For example, in Texas, white collar crime statutes are set by the Texas legislature and are codified in the Texas Penal Code. These statutes can also be amended and changed through the legislative process. Common law is created through court decisions. Judges interpret the statutes and other laws that govern the specific legal matter. If the judges decide that a particular party acted in an unlawful manner, they may decide that a common law crime has been committed. The consequences of a statutory crime in Texas can be more severe than those of a common law crime. Statutory criminal offenses in Texas carry stiffer penalties and may result in prison time, fines, and probation. Common law crimes, on the other hand, are usually not punishable with imprisonment time and come with lighter sentences. However, if the crime is serious enough, some judges might choose to impose a harsher sentence than would be typical under common law.

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