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