Misc Flashcards
, with 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.
A person acts intentionally, or with intent,
with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist…..with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
A person acts knowingly, or with knowledge
with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
A person acts with criminal negligence, or is criminally negligent
with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint
A person acts recklessly, or is reckless,
means a director, officer, employee, or
other person authorized to act in behalf of a corporation or
association.
Agent”
means:
(A) a partner in a partnership;
(B) an officer of a corporation or association;
(C)an agent of a corporation or association who
has duties of such responsibility that his conduct reasonably may
be assumed to represent the policy of the corporation or
association.
High managerial agent
does not include an
abnormality manifested only by repeated criminal or otherwise
antisocial conduct.
mental disease or defect
means
disturbance of mental or physical capacity resulting from the
introduction of any substance into the body.
intoxication”
includes
personnel of the state and local law enforcement agencies as well as
of the United States and any person acting in accordance with
instructions from such agents
law enforcement agent
means force that is intended or
known by the actor to cause, or in the manner of its use or intended
use is capable of causing, death or serious bodily injury
Deadly force
includes grandparent and guardian, any person acting by, through,
or under the direction of a court with jurisdiction over the child,
and anyone who has express or implied consent of the parent or
parents.
in loco parentis
means cause that would commonly
produce a degree of anger, rage, resentment, or terror in a person
of ordinary temper, sufficient to render the mind incapable of cool
reflection.
Adequate cause
means passion directly caused by
and arising out of provocation by the individual killed or another
acting with the person killed which passion arises at the time of
the offense and is not solely the result of former provocation
Sudden passion
means to restrict a person ’s movements
without consent, so as to interfere substantially with the person ’s
liberty, by moving the person from one place to another or by
confining the person.
Restrain”
is “without consent” if it is
accomplished by:
(A)AAforce, intimidation, or deception; or
(B)AAany means, including acquiescence of the
victim, if:
(i)AAthe victim is a child who is less than
14 years of age or an incompetent person and the parent, guardian,
or person or institution acting in loco parentis has not acquiesced
in the movement or confinement; or
(ii)AAthe victim is a child who is 14 years
of age or older and younger than 17 years of age, the victim is taken
outside of the state and outside a 120-mile radius from the victim ’s
residence, and the parent, guardian, or person or institution
acting in loco parentis has not acquiesced in the movement.
means to restrain a person with intent to
prevent his liberation by:
(A)AAsecreting or holding him in a place where he
is not likely to be found; or
(B)AAusing or threatening to use deadly force.
Abduct”
means a parent or stepparent, ancestor,
sibling, or uncle or aunt, including an adoptive relative of the
same degree through marriage or adoption.
Relative”
means an individual, corporation, or
association
Person”
means a person younger than 18 years of
age.
Child”
means labor or
services, other than labor or services that constitute sexual
conduct, that are performed or provided by another person and
obtained through an actor ’s use of force, fraud, or coercion
Forced labor or services
means to transport, entice, recruit,
harbor, provide, or otherwise obtain another person by any means
Traffic”
(A)AAany contact between any part of the genitals
of one person and the mouth or anus of another person; or
(B)AAthe penetration of the genitals or the anus
of another person with an object.
Deviate sexual intercourse
means, except as provided by
Section 21.11, any touching of the anus, breast, or any part of the
genitals of another person with intent to arouse or gratify the
sexual desire of any person.
Sexual contact
means any penetration of the
female sex organ by the male sex organ.
Sexual intercourse
means a person to whom a person is legally
married under Subtitle A, Title 1, Family Code, or a comparable law
of another jurisdiction.
Spouse”
means the following
acts, if committed with the intent to arouse or gratify the sexual
desire of any person:
(1)AAany touching by a person, including touching
through clothing, of the anus, breast, or any part of the genitals
of a child; or
(2)AAany touching of any part of the body of a child,
including touching through clothing, with the anus, breast, or any
part of the genitals of a person.
sexual contact
includes
firefighters, emergency medical services personnel as defined by
Section 773.003, Health and Safety Code, emergency
roomAApersonnel, and other individuals who, in the course and scope
of employment or as a volunteer, provide services for the benefit of
the general public during emergency situations.
“Emergency services personnel
means a commissioned security
officer as defined by Section 1702.002, Occupations Code, or a
noncommissioned security officer registered under Section
1702.221, Occupations Code.
Security officer
means a person who
participates in any official capacity with respect to an
interscholastic, intercollegiate, or other organized amateur or
professional athletic competition and includes an athlete,
referee, umpire, linesman, coach, instructor, administrator, or
staff member.
Sports participant
means a person younger than 17 years of
age.
Child”
means a person who is legally married to
another.
Spouse”
means:
(A)AAa physician licensed under Subtitle B, Title
3, Occupations Code;
(B)AAa chiropractor licensed under Chapter 201,
Occupations Code;
(C)AAa physical therapist licensed under Chapter
453, Occupations Code;
(D)AAa physician assistant licensed under Chapter
204, Occupations Code; or
(E)AAa registered nurse, a vocational nurse, or an
advanced practice nurse licensed under Chapter 301, Occupations
Code.
Health care services provider
means an
individual, licensed or unlicensed, who performs or purports to
perform mental health services, including a:
(A)AAlicensed social worker as defined by Section
505.002, Occupations Code;
(B)AAchemical dependency counselor as defined by
Section 504.001, Occupations Code;
(C)AAlicensed professional counselor as defined
by Section 503.002, Occupations Code;
(D)AAlicensed marriage and family therapist as
defined by Section 502.002, Occupations Code;
(E)AAmember of the clergy;
(F)AApsychologist offering psychological services
as defined by Section 501.003, Occupations Code; or
(G)AAspecial officer for mental health assignment
certified under Section 1701.404, Occupations Code
Mental health services provider
means a person who is an
employee of a facility defined by Section 250.001, Health and
Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer
Employee of a facility
means a
commissioned security officer as defined by Section 1702.002,
Occupations Code, or a noncommissioned security officer registered
under Section 1702.221, Occupations Code.
security officer
means a person older than 14
years of age who by reason of age or physical or mental disease,
defect, or injury is substantially unable to protect himself from
harm or to provide food, shelter, or medical care for himself
AA”Disabled individual
means to leave a child in any place without
providing reasonable and necessary care for the child, under
circumstances under which no reasonable, similarly situated adult
would leave a child of that age and ability
abandon”
the amount of economic loss suffered by the owner of the
building, room, place, or conveyance as a result of the prevention
or interruption of the occupation or use of the building, room,
place, or conveyance.
the amount of pecuniary
loss
means any product offered for
sale to or for consumption by the public and includes “food” and
“drugs” as those terms are defined in Section 431.002, Health and
Safety Code.
Consumer Product
means to alter or add a foreign substance
to a consumer product to make it probable that the consumer product
will cause serious bodily injury.
Tamper”
(1)AAa secure correctional facility; or
(2)AAa “secure correctional facility” or a “secure
detention facility” as defined by Section 51.02, Family Code,
operated by or under contract with a juvenile board or the Texas
Youth Commission or any other facility operated by or under
contract with that commission
correctional or detention facility
means any contact
between the genitals of one person and the mouth or anus of another
person with intent to arouse or gratify the sexual desire of any person.
Deviate sexual intercourse
means any penetration of the
female sex organ by the male sex organ.
Sexual intercourse
means the right of a guardian
of the person to have physical possession of a ward and to establish
the ward ’s legal domicile, as provided by Section 767(1), Texas
Probate Code.
Possessory right
means a structure or vehicle that is
adapted for the overnight accommodation of persons and includes:
(A)AAeach separately secured or occupied portion
of the structure or vehicle; and
(B)AAeach structure appurtenant to or connected
with the structure or vehicle.
Habitation”
means any structure or enclosure
intended for use or occupation as a habitation or for some purpose
of trade, manufacture, ornament, or use
Building”
means:
(A)AAreal property;
(B)AAtangible or intangible personal property,
including anything severed from land; or
(C)AAa document, including money, that represents
or embodies anything of value.
Property”
includes any device in, on, or by which
any person or property is or may be propelled, moved, or drawn in
the normal course of commerce or transportation.
Vehicle”
means real property that is
undeveloped for the purpose of human habitation
Open-space land
means the burning of unwanted
vegetation with the consent of the owner of the property on which
the vegetation is located and in such a manner that the fire is
controlled and limited to a designated area.
Controlled burning
shall mean, refer to, and include any such services
subject to regulation by the Public Utility Commission of Texas,
the Railroad Commission of Texas, or the Texas Natural Resource
Conservation Commission or any such services enfranchised by the
State of Texas or any political subdivision thereof
terms “public communication, public transportation,
public gas or power supply, or other public service” and “public
water supply
means any explosive or
incendiary device that is designed, made, or adapted for the
purpose of inflicting serious bodily injury, death, or substantial
property damage, or for the principal purpose of causing such a loud
report as to cause undue public alarm or terror, and includes:
(A)AAan explosive or incendiary bomb, grenade,
rocket, and mine;
(B)AAa device designed, made, or adapted for
delivering or shooting an explosive weapon; and
(C)AAa device designed, made, or adapted to start
a fire in a time-delayed manner.
Explosive weapon
means insulated or noninsulated
wire or cable that consists of at least 50 percent aluminum,
including any tubing or conduit attached to the wire or cable
Aluminum wiring
means insulated or noninsulated
wire or cable that consists of at least 50 percent bronze, including
any tubing or conduit attached to the wire or cable
Bronze wiring
means insulated or noninsulated
wire or cable that consists of at least 50 percent copper, including
any tubing or conduit attached to the wire or cable
Copper wiring
means:
(A)AAan official traffic-control device, railroad
sign or signal, or traffic-control signal, as those terms are
defined by Section 541.304, Transportation Code; or
(B)AAa sign, signal, or device erected by a
railroad, public body, or public officer to direct the movement of a
railroad train, as defined by Section 541.202, Transportation Code.
Transportation communications equipment
means any
item attached to transportation communications equipment,
including aluminum wiring, bronze wiring, and copper wiring.
Transportation communications device
means:
(A)AAa train, locomotive, railroad car, caboose,
work equipment, rolling stock, safety device, switch, or connection
that is owned, leased, operated, or possessed by a railroad; or
(B)AAa railroad track, rail, bridge, trestle, or
right-of-way owned or used by a railroad.
AA”Railroad property
means to move, alter, or interfere with
railroad property.
Tamper”
means an aerosolized paint
product.
Aerosol paint
means a device that
makes a delineation or impression on tangible property, regardless
of the manufacturer ’s intended use for that device.
Etching or engraving device
means a device that makes a
mark with a paint or ink product that is specifically formulated to
be more difficult to erase, wash out, or remove than ordinary paint
or ink products.
Indelible marker
means a private or public elementary or
secondary school.
School”
means:
(A)AAtangible or intangible personal property
including anything severed from land; or
(B)AAa document, including money, that represents
or embodies anything of value.
Property”
means a structure or vehicle that is
adapted for the overnight accommodation of persons, and includes:
(A)AAeach separately secured or occupied portion
of the structure or vehicle; and
(B)AAeach structure appurtenant to or connected
with the structure or vehicle.
Habitation”
means any enclosed structure intended
for use or occupation as a habitation or for some purpose of trade,
manufacture, ornament, or use.
Building”
includes any device in, on, or by which
any person or property is or may be propelled, moved, or drawn in
the normal course of commerce or transportation, except such
devices as are classified as “habitation
Vehicle”
means the intrusion of the entire body
Entry”
means land on which the trees are
potentially valuable for timber products
Forest land
