Patrol Flashcards
Intentionally (Culpable Mental State)
Conscious or objective desire.
Knowingly (Culpable Mental State)
Aware of the nature of the conduct
Aware circumstances exist
Reasonably certain to cause…
Recklessly (Culpable Mental State)
Consciously disregards
Substantial/unjustifiable risk
Gross Deviation
Criminal Negligence (Culpable Mental State)
Ought to be aware of substantial/unjustifiable risk
Gross Deviation
Kidnapping (Felony)
Actor who intentionally or knowingly abducts another person.
** Abduct means to restrain a person with intent to restrict his liberation.
Secreting or holding him in a place where his is not likely to be found or; using or threatening to use deadly force.
Aggravated Kidnapping (Felony)
Actor who intentionally or knowingly abducts another person.
To include holding for ransom or reward
Use as shield or hostage
Facilitate commission of felony or flight after
Inflict bodily injury
Violate or abuse sexually
Terrorize a victim or a third
Interfere with a government or a political function
Use or exhibit a deadly weapon
Public Lewdness (Misd A)
Knowingly engage in sexual intercourse
Deviate sexual intercourse
Or sexual contact and the acts occur in a PUBLIC PLACE.
If not in a PUBLIC PLACE the actors are careless as to whether or not another person is present who would be offended or alarmed.
Indecent Exposure (Misd B)
Exposing or displaying ones anus or genitalia with intent to gratify or arouse.
Voyeurism (Disorderly Conduct, Misd C unless priors or child)
Observes another in a building or structure where the other person has a reasonable expectation of privacy.
Deadly Conduct (Misd.A, unless shooting in direction of person than a Felony)
Recklessly engage in conduct that places another in fear of their life.
Terroristic Threat (Misd B, unless against peace officer or judge SJF, Family Violence or Public Servant is a Misd A)
Threatens imminent bodily injury to person or property with intent to cause a reaction by emergency response agency.
Or imminent bodily injury
Disorderly Conduct (Typically a Misd C.)
a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code , or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code ;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person’s own through a window or other opening in the room; or
(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
(a-1) For purposes of Subsection (a), the term “public place” includes a public school campus or the school grounds on which a public school is located.
(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.
(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code .
(f) Subsections (a)(1), (2), (3), (5), and (6) do not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours.
Family Violence
Victim receives maximum protection
Family Violence Packet
Parties separated
Report SHALL be completed
Aggressor should be arrested
Assault - Family Violence (Class A)
Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse.
Assault - on Peace Officer (3rd Degree Felony)
Intentionally, knowingly, or recklessly causes bodily injury to another.
A person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant.
