BPOC TEST #2 Flashcards
Means a bodily movement, voluntary or involuntary, and includes speech
Act
A person whose criminal responsibility is in a issue in a criminal action.
Actor
Includes authority, board, bureau, commission, committee, council, etc.
Agency
Any beverage containing more than half of 1% of all alcohol by volume capable of use of any beverage.
Alcoholic beverage
A person other than the actor
Another
2 or more persons having a join or common economic interest.
A government, government subdivision, agency, trust, partnership.
Association
Anything reasonable regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interest.
Benefit
Physical pain, illness, any impairment of physical condition.
Bodily injury
A facility owned, leased, or operated by the state, or by a vendor
Civil Commitment Facility
A threat, to commit an offense, to inflict B.I
Coercion
An act or omission and its accompanying mental state
Conduct
Assent in fact, whether express or apparent
Consent
A substance including a drug, adulterant, dilatation. This term includes aggregate weight of any mixture, solution, or other contained substance.
Controlled Substance
Nonprofit, professional association created pursuant to statue and joint stock companies.
Corporation
A place designated by law for the confinement of a person arrested for, charged with or convicted of a criminal offense.
Correctional Facility
Lowest charge and less guilty mind. He OUGHT to be aware.
Criminal Negligence
A device or a drug that is unsafe for self-medication. A cautioned labeled prescription device. Not controlled by the DEA.
Dangerous drug
A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or SBI.
Deadly weapon
Substance, other than a device or component, that is recognized by U.S pharmacopeia.
Drug
Consent by a person legally authorized to act for the owner.
Effective consent
A facility that generates electric energy for distribution to the public.
Electric Generating Plant
Facility used to switch or change voltage in connection with the transmission of electric energy for distribution of the public.
Electric Utility Substation
- Forbidden consent
- Required culpability
- Any required result, and
- The negation of any exception of the offense
Element of Offense
An offense so designated by law or punishable by death or confinement in a penitentiary.
Felony
State, County, municipality, or political subdivision of the state.
Government
Anything reasonably regarded as loss, disadvantage, or injury.
Harm
A human being who is alive, including an unborn child at every stage or gestation from fertilization until birth.
Individual
Respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Intentionally
He is aware of the nature of his conduct
Knowing
The constitution or a statue or U.S, written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statue.
Law
An offense so designated by law or punishable by fine, by confinement in jail OR by both, and confinement in jail.
Misdemeanor
Includes affirmative
Example: When a person takes a vow
Oath
Any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
Official Proceeding
Failure to act
Omission
A person who has title to the property, possession of the property, whether lawful or not
Owner
A person elected employed or appointed as a P.O
Peace Officer
A written or electronic instruction to pay money that is authorized by the person giving the instruction that is payable on demand
Sight Order
A place designated by law for confinement of a persons arrested for charged with or convicted of an offense
Penal Institution
An individual or a corporation, association limited liability company, or other entity or organization governed by the Business organization code.
Person
Any place to which the public or a substantial group of the public has access, but not limited to, streets, highways, and common areas.
Public Place
A person elected, selected, appointed, employed.
Public servant
A belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
Reasonable belief
When he is aware of but consciously disregards.
Reckless
Includes regulation
Rules
A municipal or county jail, a confinement facility operated by or under a contract with any division of the Tx Department of Criminal Justice.
Secure Correctional Facility
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement.
Serious bodily injury
Includes affirm
Swear
Criminal, tortuous or both.
Includes what would be criminal or tortuous but for a defense not amounting to justification or privilege.
Unlawful
An individual who is an unborn child. The failure to be born alive.
Death
A person attains a specified age on the day of the anniversary of his birth date.
Computation of age
- Omission
- Possession
- Act
What are 3 ways to commit a crime?
He voluntary engages in conduct, including an act, an omission, or possession.
Possession is a voluntary act if the possessor knowing obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time.
Requirement of voluntary act or omission
An affirmative defense to prosecution that, at the time of the conduct charge, the actor, as a result of serve mental disease of defect, did not know that his conduct was wrong.
Insanity
May not be prosecuted for or convicted of any offense that person committed when younger than 15 years old.
Except: Perjury and aggravated perjury, violation of motor vehicle traffic ordinance.
Age Affecting Criminal Responsibility
State must prove defendant’s guilt at trail
Defendant does not need prove anything and is not required to offer any proof at all
Proof Beyond a Reasonable Doubt
Is greater than preponderance but
LESS
than beyond a reasonable doubt.
Clear and convincing evidence