Exam 10 Flashcards
PC 1.07- what are the elements of an offense
(A) the forbidden conduct;
(B) the required culpability;
(C) any required result; and
(D) the negation of any exception to the offense.
PC 8.02- is mistake of fact a defense to prosecution
Yes
PC 7.01- when is a person criminally responsible as a party to an offense
if the offense is committed by his own conduct, by the conduct of another for which he is
criminally responsible, or by both.
PC 2.02(b)- does the burden of proof lie with the prosecuting attorney
must negate the existence of an exception in the accusation charging commission of the offense
and prove beyond a reasonable doubt that the defendant or defendant’s conduct does not fall
within the exception.
PC 8.05- definition of duress
It 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.
PC 1.07(46)- serious bodily injury definition
means bodily injury that creates a substantial risk of death or that causes death, serious
permanent disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.
PC 49.02- elements of the offense for public intoxication
appears in a public place while intoxicated to the degree that the person may endanger the
person or another.
PC 31.03- class B misdemeanor theft range and elements of the offense
Value is $100 or more but less than $750
A person commits an offense if he unlawfully appropriates property with intent to deprive the
owner of property.
without effective consent, the property the actor appropriates he knows it was stolen by
another
PC 36.06- elements of the offense for obstruction or retaliation
intentionally or knowingly harming or threatening to harm another by an unlawful act in
retaliation for or on account of the service or status of another as a public servant, witness,
prospective witness, informant, or an individual who is trying to report a crime.
PC 19.03(a)(2)- capital murder elements of the offense
the person intentionally commits the murder in the course of committing or attempting to
commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or
retaliation, or terroristic threat under Section 22.07
PC 25.03- interfering with child custody elements of the offense
A person commits an offense if the person takes or retains a child younger than 18 years of age:
hen the person knows that the person’s taking or retention violates the express terms of a
judgment or order, including a temporary order, of a court disposing of the child’s custody;
PC 30.02- burglary elements of the offense
enters a habitation, or a building (or any portion of a building) not then open to the public, with
intent to commit a felony, theft, or an assault; or (2) remains concealed, with intent to commit
a felony, theft, or an assault, in a building or habitation; or (3) enters a building or habitation
and commits or attempts to commit a felony, theft, or an assault.
PC 28.03- class A criminal mischief value and elements of the offense
the amount of pecuniary loss is $750 or more but less than $2,500-he intentionally or knowingly
damages or destroys the tangible property of the owner
PC 38.04- evading arrest definition, punishment, and elements of the offense
A person commits an offense if he intentionally flees from a person he knows is a peace officer
or federal special investigator attempting lawfully to arrest or detain him
(1)a state jail felony if the actor has been previously convicted under this section; (2) a felony
of the third degree if: (A) the actor uses a vehicle while the actor is in flight; (B) another suffers
serious bodily injury as a direct result of an attempt by the officer or investigator from whom
the actor is fleeing to apprehend the actor while the actor is in flight; or (C) the actor uses a
tire deflation device against the officer while the actor is in flight; or (3) a felony of the second
degree if: (A) another suffers death as a direct result of an attempt by the officer or investigator
from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
(B) another suffers serious bodily injury as a direct result of the actor’s use of a tire deflation
device while the actor is in flight.
PC 38.16(a)- preventing the execution of civil process definition
A person commits an offense if he intentionally or knowingly by words or physical action
prevents the execution of any process in a civil cause
PC 22.01- assault definition
1) intentionally, knowingly, or recklessly causes bodily injury to another, including the
person’s spouse; (2) intentionally or knowingly threatens another with imminent bodily
injury, including the person’s spouse; or (3) intentionally or knowingly causes physical
contact with another when the person knows or should reasonably believe that the other
will regard the contact as offensive or provocative.
PC 21.11- indecency with a child elements of the offense
A person commits an offense if, with a child younger than 17 years of age, whether the child is
of the same or opposite sex and regardless of whether the person knows the age of the child at
the time of the offense, the person: (1) engages in sexual contact with the child or causes the
child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire
PC 8.06- entrapment definition
It is a defense to prosecution that the actor engaged in the conduct charged because he was
induced to do so by a law enforcement agent using persuasion or other means likely to cause
persons to commit the offense. Conduct merely affording a person an opportunity to commit
an offense does not constitute entrapment.
What chapter of the Penal Code deals with Use of Force
Chapter 9
PC 46.02- unlawful carrying a weapon elements of the offense
intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club;
and (2) is not: (A) on the person’s own premises or premises under the person’s control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person
or under the persons control.
PC 37.01(20)(c)- governmental record definition
(C) a license, certificate, permit, seal, title, letter of patent, or similar document issued by
government, by another state, or by the United States;
PC 2.01- burden of proof in a criminal trial
beyond reasonable doubt
PC 8.04- does voluntary intoxication constitute a defense
No
PC 20.03(A)- kidnapping definition
A person commits an offense if he intentionally or knowingly abducts another person.