Pc Flashcards
a person commits an offense_____ if he voluntary engage in conduct, including an act, an omission, or possession.
only
possession is voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his____.
control
a person who omits to perform an____does not commit an offense unless a law as defined by section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the _____.
act act
except as provided in subsection (b) a person does not commit an offense unless he ____engages in conduct as the definition of the offense requires.
intentionally, knowingly, recklessly, or with criminal negligence
if the definition of an offense does not prescribe a culpable mental state a culpable mental state is neverthless___unless the definition plain dispenses with any mental element.
required
if the definition of an offense does not ____a culpable mental state, but one is nevertheless required under subsection (b) intent, knowledge, or recklessness suffices to establish_____.
prescribe , criminal responsibility
culpable mental states are classified accordion to relative degrees, from highest to lowest, as follow
intentionally, knowing, reckless, criminal negligence
proof of higher degree of culpability ____ that charged constitutes proof of the culpability charge.
than
An offense defined by____or by order of county commissioners court ____dispense with the requirement of culpable mental state if the offense is punishable by a fine exceeding the amount authorized by section 12.23
municipal ordinance / may not /
a person acts _____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
intentionally, or with intent
a person acts___ or with knowledge, 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.
knowingly
a person acts____ or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
knowingly
a person acts_____or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substancial and unjustifiable risk that the circumstances exist or the result will occur.
recklessly
the risk must be of such a nature and ____that its disregard constitutes a gross deviation from standard of care that an ordinary.
degree
person would exercise under ___the circumstances as viewed from the actor’s standpoint.
all
a person acts with ___or is criminally negligent, 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.
criminal negligence
the risk___be if 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.
must
a person is criminally responsible if the result _____have occurred but for his conduct, operating either alone or concurrently with another causes, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.
would not
a person is nevertheless criminal responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated or risked is that:
a different offense was committed; or a different person or property was injured, harmed or otherwise affected
a person is criminally responsible as a party to an offense if the offense is committed by his___conduct, by the conduct of another for which he is criminally responsible or by both
own
each party to an offense ____ charged with commission of the offense.
May be
all traditional distinctions between accomplices and principal are abolished by this section, and each party to an offense ____ be charged and convicted without alleging that he acted as a principal or accomplice.
May
a person is criminal responsible for an offense committed by the conduct of another if:
acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by definition of the offense
a person is criminal responsible for an offense committed by the conduct of another if:
acting with intent to promote or assist the commission of the offense, he solicits, encourages, direct, aids or attempts to aid the other person to commit the offense
a person is criminal responsible for an offense committed by the conduct of another if:
having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission he fails to make a reasonable effort to prevent commission of the offense
if in the attempt to carry out a conspiracy to commit one felony another felony is committed by one of the conspirators all conspirators
are guilty of the felony actually commuted, thought having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.
in a prosecution in wich an actor’s criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense:
that the act actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity
in a prosecution in wich an actor’s criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense:
that the person for whose conduct the actor’s is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted if a different offense or of a different type or class of offense, or is immune from prosecution.
insanity
it is an affirmative defense to prosecution that, at the time if the conduct charged, the actor, as a result of severe mental disease or defect did not know that his conduct was wrong.
the term “mental disease or defect”
does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
mistake of fact
it is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact of his mistaken belief negated the kind of culpability required for commission of the offense
although an actor’s mistake of fact___ constitute a defense to the offense charged he ____nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed
May / May
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.
mistake of law it is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon
An official statement of the law containing in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question
mistake of law it is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon
a written interpretation of law contained in an opinion of a court of record or made by public official charged by law with responsibility for interpreting the law in question
although an actor’s mistake of law ___constitute a defense to the offense charged, he ___ nevertheless be convicted of lesser included offense of wich he would be guilty if the law were as he believed
May / may
voluntary intoxication _____ constitute a defense to the commission of crime
does not
evidence of temporary insanity caused by intoxication ___be introduced by the actor in mitigation of the penalty attached to the offense for wich he is being tried
May
when temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by _____, the court shall charge the jury in accordance with the provision of this section.
intoxication
for purpose of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of ___into the body.
any substance
duress
it is an affirmative defense to prosecution that the actor engage in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another
in a prosecution for an offense that dies not constitute a felony, it is an affirmative defense to prosecution that the actor engage in the
proscribed conduct because he was compelled to do so by force or threat of force
compulsion with in the meaning of this section exist ___if the force or threat of force would render a person of reasonable firmness incapable of resisting the peessure
only
the defense provided by this section “ duress” is ____if the actor intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion
unavailable
it is not defense that person acted at the command or persuasion of his ____unless he acted under compulsion that would establish a defense under this section
spouse
entrapment
it is a defense to prosecution that the actor engage in the conduct charged because he was induced to do so by law, enforcement agent using persuasion or other means likely to cause persons to commit the offense.
conduct ___affording a person an opportunity to commit an offense does not constitute entrapment
merely
in this section (entrapment) “ law enforcement agent “ includes personnel of the state and local law enforcement agencies as well as of the United States and ____acting in accordance with instructions from such agents
any person
a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except
perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath
a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except
a violation of penal statutes cognizable under chapter 729, transportation code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail
a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except
a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state
a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except
a misdemeanor punishable by fine only
a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except
a violation of penal ordinance of political subdivision
a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except
a violation of penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under section 54.02 family code for prosecution if the person commuted the offense when 14 years of age or older
a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except
a capital felony or an offense under section 19.02 for which the person is transferred to the court under section 54.02(j)(2)(a)family code.
unless the juvenile court waives jurisdiction under section 54.02 family code and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution a person may not be prosecuted for or convicted of any offense committed before reaching _____years of age except an offense described by subsection (a)(1)(5)
17 years of age
no person may in any case be punished by death for an offense committed while the person was younger than
18 years
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. subsection a: a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age. subsection (a)(4)a misdemeanor punishable by fine only. subsection (a)(5)a violation of a penal ordinance of political subdivision
a person who is at least 10 years of age but younger than _____of age is presumed incapable of committing an offense described by subsection (a)(4)or (5)other than an offense under a juvenile curfew ordinance or order. this presumption may be refuted if the prosecution proves to the court by a preponderance of the evidence that the actor had sufficient capacity to understand that the conduct engaged in was wrong at the time the conduct was engaged in. the prosecution us not required to prove that the actor at the time of engaging in the conduct knew that the act was a criminal offense or knew the legal consequences of the offense
15 years. subsection (a)(4)a misdemeanor punishable by fine only. subsection (a)(5)a violation of a penal ordinance of political subdivision
on motion by the state the defendant or a person standing in parental relation to the defendant or on the court’s own notion a court with jurisdiction of an offense described by section 8.07(a)(4)or(5)shall determine weather probable cause exists to believe that a child including child with mental illness or developmental disability
lacks the capacity to understand the proceeding in criminal court or to assist in the child’s own defense and is unfit to proceed
on motion by the state the defendant or a person standing in parental relation to the defendant or on the court’s own notion a court with jurisdiction of an offense described by section 8.07(a)(4)or(5)shall determine weather probable cause exists to believe that a child including child with mental illness or developmental disability
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
if the court determines that probable cause exists for finding under subsection (a)after providing notice to the state the court may dismiss the complaint.
subsection (a)on motion by the state the defendant or a person standing in parental relation to the defendant or on the court’s own notion a court with jurisdiction of an offense described by section 8.07(a)(4)misdemeanor punishable by fine only or(5)violation of penal ordinance of political subdivision. shall determine weather probable cause exists to believe that a child including child with mental illness or developmental disability
a dismissal of complain under subsection (b)may be appealed as provided by article 44.01 code of criminal procedure
subsection (b)if the court determines that probable cause exists for finding under subsection (a)after providing notice to the state the court may dismiss the complaint. subsection (a) on motion by the state the defendant or person standing in parental relation to the defendant or on the court’s own motion a court with jurisdiction of an offense described by section 8.07(a)(4)misdemeanor punishable by fine only or(5)violation of penal ordinance of political subdivision. shall determine weather probable cause exists to believe that a child including child with mental illness or developmental disability
sec 8.08 child with mental illness disability or lack of capacity “child”has the meaning assigned by article 45.058(h)code of criminal procedure
- 058(h)ccp In this article, “child” means a person who is:
(1) at least 10 years of age and younger than 17 years of age; and
(2) charged with or convicted of an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14.
in this chapter 9 “custody” has the meaning assigned by section 38.01
d
