Chapteter8 General Defenses to criminal responsibility Flashcards
Sec. 8.01. INSANITY.
affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.
Sec. 8.02. MISTAKE OF FACT.
It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
Sec. 8.03. MISTAKE OF LAW
It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
Sec. 8.04. INTOXICATION
Voluntary intoxication does not constitute a defense to the commission of crime.
Sec. 8.05. DURESS
is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.
Sec. 8.06. ENTRAPMENT
he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense
Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY
A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except:(1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;(2) a violation of a penal statute. Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail;(3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state;(4) a misdemeanor punishable by fine only;(5) a violation of a penal ordinance of a political subdivision;
c) No person may, in any case, be punished by death for an offense committed while the person was younger than 18 years.(d) Notwithstanding Subsection (a), a person may not be prosecuted for or convicted of an offense described by Subsection (a)(4) or (5) that the person committed when younger than 10 years of age.
Sec. 8.08. CHILD WITH MENTAL ILLNESS, DISABILITY, OR LACK OF CAPACITY.
with a mental illness or developmental disability:(1) lacks the capacity to understand the proceedings in criminal court or to assist in the child’s own defense and is unfit to proceed; or(2) lacks substantial capacity either to appreciate the wrongfulness of the child’s own conduct or to conform the child’s conduct to the requirement of the law
