Assaultive Offenses Flashcards
Key Elements of a Terroristic Threat
- Intent to Cause Fear of Serious Bodily Injury:
The person threatens to commit violence with the intent to cause someone to feel fear of serious injury or death.
Example: Threatening to shoot someone, causing them to believe they are in immediate danger.
Intent to Cause Disruption:
- The threat is made to interrupt public services or activities such as communication, transportation, water, gas, or power supply.
Example: Calling in a bomb threat to an airport, causing flight cancellations and evacuations.
Intent to Cause Emergency Response: - The threat is made knowing it will cause emergency services to react, like police, fire department, or medical personnel.
Example: Falsely reporting an active shooter, resulting in a SWAT team deployment.
Intent to Influence Government Conduct:
4.Threats made to coerce or influence government decisions or actions.
Example: Threatening violence to force a political change.
Terroristic Threat
An act where someone threatens to commit violence with the intent to cause fear, disruption, or harm. This law is covered under Section 22.07 of the Texas Penal Code.
This law is designed to address not only actual violence but also the disruption and fear caused by threats of violence.
Terroristic Threat Classification
- Class B Misdemeanor: A person calls someone and says, “I’m coming to hurt you,” causing the victim fear, even if no action is taken.
- Class A Misdemeanor: Threatening a judge or police officer, causing them to fear for their safety.
- State Jail Felony: Calling in a false bomb threat to a school, leading to evacuation and disruption of classes.
- Third-Degree Felony: Sending a mass threat to a public event, leading to panic and a large-scale emergency response.
Deadly Conduct
when a person acts in a way that puts others at serious risk of death or bodily injury. This is covered under Section 22.05 of the Texas Penal Code.
The law focuses on reckless or dangerous behavior that could cause harm, even if no one is actually injured.
Key Elements of Deadly Conduct
- Reckless Endangerment:
- A person recklessly engages in behavior that puts another person at risk of serious bodily injury.
- Example: Driving at high speeds through a crowded area, swerving dangerously close to pedestrians.
- Discharging a Firearm:
- The person knowingly discharges a firearm at:
-One or more people, or
-A habitation (house, apartment, etc.), building, or vehicle, without knowing if it’s occupied. - Example: Shooting into the air at a party where bullets could hit bystanders, or firing at a house without checking if anyone is inside.
Deadly Conduct - Mental States Involvement
- Recklessness: The person is aware of the risk but consciously disregards it.
- Knowledge: The person is aware that their actions are likely to result in harm.
Penalties for Deadly Conduct in Texas:
- Class A Misdemeanor:
For reckless actions that place someone in imminent danger of serious bodily injury.
Example: Waving a loaded gun around in a public place.
Penalty: Up to 1 year in jail and a fine of up to $4,000.
- Third-Degree Felony:
For knowingly discharging a firearm at:
People, or
A habitation, building, or vehicle, regardless of whether anyone is inside.
Example: Shooting at a moving car without knowing if passengers are inside.
Penalty: 2 to 10 years in prison and a fine of up to $10,000.
Examples of Deadly Conduct
- Class A Misdemeanor:
Road Rage Incident: A driver aggressively tailgates another vehicle and swerves recklessly, nearly causing a collision.
Negligent Gun Handling: Someone points a loaded gun at friends as a joke, putting them at risk.
- Third-Degree Felony:
Drive-By Shooting: Shooting at a house during a gang-related dispute, not knowing if people are inside.
Random Shooting: Firing shots into the air during New Year’s celebrations in a populated area, risking stray bullets hitting someone.
Deadly Conduct’s Key Differences from Similar Offenses
- Deadly Conduct differs from Assault because it focuses on the risk of harm, not actual harm. No one has to be injured for it to be a crime.
- It also differs from Terroristic Threat because it involves reckless or knowing behavior rather than threats made to cause fear or disruption.
Deadly Conduct Important Notes
- Even if no one gets hurt, Deadly Conduct is still a serious offense because it involves reckless actions that could have resulted in serious harm or death.
- This law is designed to prevent dangerous behaviors that put the public at risk, especially involving firearms or other deadly weapons.
Harassment
When someone intentionally acts to annoy, alarm, abuse, torment, or embarrass another person through communication. This is covered under Section 42.07 of the Texas Penal Code.
The law focuses on repeated or obscene communications that are meant to cause emotional distress or fear.
Key Elements of Harassment
Intent to Harass, Annoy, Alarm, Abuse, Torment, or Embarrass:
The person intentionally acts to disturb or upset someone through communication.
Forms of Harassment:
- Obscene Communication: Sending lewd or indecent remarks, images, or messages.
- Threats of Harm: Threatening to inflict bodily injury, property damage, or harm to someone’s reputation.
- False Reporting: Falsely reporting someone’s death or serious injury to alarm them.
- Repeated Communication: Making repeated phone calls, texts, or electronic messages in a way that annoys or harasses the recipient.
- Silent or Prank Calls: Making anonymous calls where the caller remains silent or makes no meaningful conversation.
- Electronic Harassment: Sending harassing emails, text messages, social media posts, or any other digital communication.
Harassment Mental State Involved:
Intentional: The person must have a specific purpose to harass, annoy, alarm, abuse, torment, or embarrass the victim.
Penalties for Harassment in Texas
- Class B Misdemeanor:
This is the standard charge for most harassment offenses.
Example: Repeatedly texting someone with insulting or embarrassing messages.
Penalty: Up to 180 days in jail and a fine of up to $2,000.
- Class A Misdemeanor:
If the harassment involves threatening bodily injury or death.
If the victim is a child under 18 and the intent is to cause the child to harm themselves.
Example: Cyberbullying a minor to the point of emotional distress.
Penalty: Up to 1 year in jail and a fine of up to $4,000.
Examples of Harassment
- lass B Misdemeanor:
*Obscene Communication: Sending lewd images or offensive messages repeatedly to an ex-partner.
*Prank Calls: Making prank calls to a neighbor late at night, disrupting their peace.
*Repeated Messages: Constantly calling or texting someone who has asked to be left alone.
2. Class A Misdemeanor:
*Threats of Violence: Sending messages like “I’m going to hurt you” to frighten the recipient.
*Cyberbullying: Posting humiliating content online about a minor, leading to severe emotional distress.
Harassment Key Differences from Similar Offenses
- Harassment differs from Stalking because it does not necessarily involve following or monitoring the victim’s actions. Harassment is about annoying or alarming communication, whereas stalking involves repeated actions that cause fear for safety.
- Harassment is more about causing emotional distress, while Terroristic Threat involves threats meant to cause fear of bodily harm or disrupt public peace.
Harassment Important Notes:
- The communication doesn’t have to be directly to the victim. Posting offensive content about someone publicly on social media can also qualify as harassment.
- Electronic harassment is increasingly common, including text messages, emails, social media posts, and other digital communications.
- First Amendment Protections: Free speech rights don’t protect communication intended to harass, threaten, or torment.
-This law is designed to protect people from unwanted, alarming, or abusive communications, both in-person and digitally.
Burglary of a Habitation with Intent to Commit a Felony
When someone illegally enters a home with the plan to commit a serious crime. This is covered under Section 30.02 of the Texas Penal Code. It’s considered a serious offense because it involves entering someone’s living space with the intention of causing harm or committing a felony.
Key Elements of Burglary of a Habitation:
- Unauthorized Entry:
- The person enters a habitation (like a house, apartment, or mobile home) without the owner’s consent.
- Entry includes:
-Physically stepping into the home.
-Reaching inside with any part of the body.
-Inserting an object (like a tool or weapon) to commit a crime.
- Intent to Commit a Felony:
*The person enters with the intention to commit a felony inside the habitation.
*Felonies include:
-Assault (e.g., entering to attack someone).
-Robbery (e.g., entering to violently steal something).
-Sexual Assault (e.g., entering to harm someone sexually).
-Kidnapping (e.g., entering to abduct someone).
-Other Serious Crimes (e.g., arson, murder, etc.).
- Act of Committing or Attempting a Felony:
- The person doesn’t have to successfully complete the felony. Intent or attempt is enough.
- Example: Breaking into a home intending to assault someone but getting scared and fleeing before carrying out the attack.
Burglary of a Habitation Mental State Involved:
- Mental State Involved:
Intentional: The person must have a specific purpose to commit a felony at the time of entry.
*Knowing: The person is aware that entering is unauthorized and linked to a criminal plan.
Penalties for Burglary of a Habitation with Intent to Commit a Felony in Texas
- Second-Degree Felony:
If the intended felony is not one of the more severe crimes listed below.
Penalty: 2 to 20 years in prison and a fine of up to $10,000.
Example: Entering a home intending to steal expensive electronics but planning to escape without confronting anyone.
Penalties for Burglary of a Habitation with Intent to Commit a Felony in Texas
- First-Degree Felony:
If the intended felony is:
-Assault
-Aggravated Assault
Sexual Assault
-Aggravated Sexual Assault
-Robbery
-Aggravated Robbery
-Kidnapping
-Murder
Examples of Burglary of a Habitation
- Second-Degree Felony:
Entering to Steal Valuables: Breaking into a house while the owners are away to steal jewelry and electronics.
Entering to Vandalize: Sneaking into a rival’s home intending to destroy their property out of revenge.
- First-Degree Felony:
-Home Invasion with Violence: Entering a home planning to attack an ex-partner out of jealousy.
-Sexual Assault: Breaking into a home with the intent to sexually assault someone inside.
-Kidnapping Plot: Entering someone’s house to abduct a child during a custody dispute.
