PC R Flashcards
1
Q
What is Sec. 15.01 of the Penal Code?
A
CRIMINAL ATTEMPT
2
Q
What is Sec. 15.02 of the Penal Code?
A
CRIMINAL CONSPIRACY
3
Q
What is Sec. 15.03 of the Penal Code?
A
CRIMINAL SOLICITATION
4
Q
What is Sec. 15.031 of the Penal Code?
A
CRIMINAL SOLICITATION OF A MINOR
5
Q
What is Sec. 15.032 of the Penal Code?
A
CHILD GROOMING
6
Q
What is Sec. 15.04 of the Penal Code?
A
RENUNCIATION DEFENSE
7
Q
A person commits the offense of “Criminal Attempt” if:
A
, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
8
Q
A person commits the offense of “ Criminal Conspiracy” if:
A
, with intent that a felony be committed:
(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
(2) he or one or more of them performs an overt act in pursuance of the agreement.
(b) An agreement constituting a conspiracy may be inferred from acts of the parties.
9
Q
A person commits the offense of “Criminal Solicitation” if:
A
, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.
10
Q
A person commits the offense of “Criminal Solicitation of A Minor” if:
A
, with intent that an offense listed by Article 42A.054(a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor’s conduct as the actor believes them to be, would constitute an offense listed by Article 42A.054(a) or make the minor a party to the commission of an offense listed by Article 42A.054(a).
(b) A person commits an offense if, with intent that an offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011, 22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the person by any means requests, commands, or attempts to induce a minor or another whom the person believes to be a minor to engage in specific conduct that, under the circumstances surrounding the actor’s conduct as the actor believes them to be, would constitute an offense under one of those sections or would make the minor or other believed by the person to be a minor a party to the commission of an offense under one of those sections.
(c) A person may not be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor’s intent that the minor act on the solicitation.
11
Q
A person commits the offense of “Child Grooming” if:
A
with the intent that an offense under Chapter 43 or an offense involving sexual activity, the occurrence of which would subject the actor to criminal liability under Chapter 20A, 21, or 22, be committed, the person knowingly persuades, induces, entices, or coerces, or attempts to persuade, induce, entice, or coerce, a child younger than 18 years of age to engage in specific conduct that, under the circumstances surrounding the actor’s conduct as the actor believes them to be, would:
(1) constitute an offense under Chapter 43 or an offense involving sexual activity the occurrence of which would subject the actor to criminal liability under Chapter 20A, 21, or 22; or
(2) make the child a party to the commission of an offense described by Subdivision (1).
12
Q
What is Sec. 16.01 of the Penal Code?
A
UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE
13
Q
What is Sec. 16.02 of the Penal Code?
A
UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS
14
Q
What is Sec. 16.03 of the Penal Code?
A
UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE
15
Q
What is Sec. 16.04 of the Penal Code?
A
UNLAWFUL ACCESS TO STORED COMMUNICATIONS
16
Q
What is Sec. 16.05 of the Penal Code?
A
ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS
17
Q
What is Sec. 16.06 of the Penal Code?
A
UNLAWFUL INSTALLATION OF TRACKING DEVICE
18
Q
What are the types of Criminal Homicide?
A
Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.
19
Q
A person commits the offense of “Unlawful Use of Criminal Instrument or Mechanical Security Device” if:
A
(1) the person possesses a criminal instrument or mechanical security device with the intent to use the instrument or device in the commission of an offense; or
(2) with knowledge of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells, installs, or sets up the instrument or device.
20
Q
A person commits the offense of “UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS” if:
A
the person:
(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication;
(2) intentionally discloses or endeavors to disclose to another person the contents of a wire, oral, or electronic communication if the person knows or has reason to know the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(3) intentionally uses or endeavors to use the contents of a wire, oral, or electronic communication if the person knows or is reckless about whether the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(4) knowingly or intentionally effects a covert entry for the purpose of intercepting wire, oral, or electronic communications without court order or authorization; or
(5) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any interception device to intercept any oral communication when the device:
(A) is affixed to, or otherwise transmits a signal through a wire, cable, or other connection used in wire communications; or
(B) transmits communications by radio or interferes with the transmission of communications by radio.
21
Q
A person commits the offense of “UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE” if:
A
the person knowingly installs or uses a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line.
22
Q
A person commits the offense of “UNLAWFUL ACCESS TO STORED COMMUNICATIONS” if:
A
the person obtains, alters, or prevents authorized access to a wire or electronic communication while the communication is in electronic storage by:
(1) intentionally obtaining access without authorization to a facility through which a wire or electronic communications service is provided; or
(2) intentionally exceeding an authorization for access to a facility through which a wire or electronic communications service is provided.
23
Q
A person commits the offense of “ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS” if:
A
the person knowingly divulges the contents of a communication to another who is not the intended recipient of the communication.
24
Q
A person commits the offense of “UNLAWFUL INSTALLATION OF TRACKING DEVICE” if:
A
the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person.
25
What is Sec. 19.02 of the Penal Code?
MURDER
26
What is Sec. 19.03 of the Penal Code?
CAPITAL MURDER
27
What is Sec. 19.04 of the Penal Code?
MANSLAUGHTER
28
What is Sec. 19.05 of the Penal Code?
CRIMINALLY NEGLIGENT HOMICIDE
29
What are the culpable mental states?
intentionally, knowingly, recklessly, and criminal negligence
30
A person commits the offense of "Murder" if:
the person:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual; or
(4) knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual's body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.
31
A person commits the offense of "Capital Murder" if:
the person commits murder as defined under Section 19.02(b)(1) and:
(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
(2) 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(a)(1), (3), (4), (5), or (6);
(3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
(4) the person commits the murder while escaping or attempting to escape from a penal institution;
(5) the person, while incarcerated in a penal institution, murders another:
(A) who is employed in the operation of the penal institution; or
(B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
(6) the person:
(A) while incarcerated for an offense under this section or Section 19.02, murders another; or
(B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;
(7) the person murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
(8) the person murders an individual under 10 years of age;
(9) the person murders an individual 10 years of age or older but younger than 15 years of age; or
(10) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.
32
A person commits the offense of "Manslaughter" if:
he recklessly causes the death of an individual.
33
A person commits the offense of "Criminally Negligent Homicide" if:
he causes the death of an individual by criminal negligence.
34
____ 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.
Restraint
35
____ means to restrain a person with intent to prevent his liberation by:
(A) secreting or holding him in a place where he is not likely to be found; or
(B) using or threatening to use deadly force.
Abduct
36
_____ means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
Relative
37
_____ means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.
Person
38
Notwithstanding Section 1.07, "_____" means a human being who has been born and is alive.
Individual
39
_____ means land that is located in this state and that is suitable for:
Agricultural Land
40
_____ means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
Firearm
41
_____ includes an agent of the United States Department of Homeland Security.
Special Investigator
42
What is Title 5 of the Penal Codes?
Offenses Against the Person
43
What is Chapter 20 of the Penal Codes?
KIDNAPPING, UNLAWFUL RESTRAINT, AND SMUGGLING OF PERSONS
44
What is Sec. 20.02 of the Penal Codes?
UNLAWFUL RESTRAINT
45
What is Sec. 20.03 of the Penal Codes?
KIDNAPPING
46
What is Sec. 20.04 of the Penal Codes?
AGGRAVATED KIDNAPPING
47
What is Sec. 20.05 of the Penal Codes?
SMUGGLING OF PERSONS
48
What is Sec. 20.06 of the Penal Codes?
CONTINUOUS SMUGGLING OF PERSONS
49
What is Sec. 20.07 of the Penal Codes?
OPERATION OF STASH HOUSE
50
A person commits the offense of "Unlawful Restraint" if:
he intentionally or knowingly restrains another person.
51
A person commits the offense of "Kidnapping" if:
he intentionally or knowingly abducts another person.
52
A person commits the offense of "Aggravated Kidnapping" if:
he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
53
A Person commits an offense of "Smuggling of Persons" if:
the person knowingly:
(1) uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to:
(A) conceal the individual from a peace officer or special investigator; or
(B) flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor;
(2) encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection; or
(3) assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner.
54
A person commits the offense of "Continuous Smuggling of Persons" if:
during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.05.
55
A person commits the offense of "Operation of Stash House" if:
the person knowingly:
(1) uses or permits another to use any real estate, building, room, tent, vehicle, boat, or other property owned by the person or under the person's control to commit an offense or to facilitate the commission of an offense under Section 20.05, 20.06, 20A.02, 20A.03, 43.04, or 43.05; or
(2) rents or leases any property to another, intending that the property be used as described by Subdivision (1).
56
What is Chapter 20A of the Penal Codes?
TRAFFICKING OF PERSONS
57
_____ means a person younger than 18 years of age.
Child
58
_____ means real property and all buildings and appurtenances pertaining to the real property.
Premises
59
_____ means a public or private primary or secondary school.
School
60
_____ means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
Sexual Conduct
61
_____ means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.
Traffic
62
What is Sec. 20A.02 of the Penal Codes?
TRAFFICKING OF PERSONS
63
What is Sec. 20A.03 of the Penal Codes?
CONTINUOUS TRAFFICKING OF PERSONS
64
A person commits the offense of "Trafficking of Persons" if:
the person knowingly:
(1) traffics another person with the intent that the trafficked person engage in forced labor or services;
(2) receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services;
(3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(B-1) Section 43.031 (Online Promotion of Prostitution);
(C) Section 43.04 (Aggravated Promotion of Prostitution);
(C-1) Section 43.041 (Aggravated Online Promotion of Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3);
(5) traffics a child or disabled individual with the intent that the trafficked child or disabled individual engage in forced labor or services;
(6) receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services;
(7) traffics a child or disabled individual and by any means causes the trafficked child or disabled individual to engage in, or become the victim of, conduct prohibited by:
(A) Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual);
(B) Section 21.11 (Indecency with a Child);
(C) Section 22.011 (Sexual Assault);
(D) Section 22.021 (Aggravated Sexual Assault);
(E) Section 43.02 (Prostitution);
(E-1) Section 43.021 (Solicitation of Prostitution);
(F) Section 43.03 (Promotion of Prostitution);
(F-1) Section 43.031 (Online Promotion of Prostitution);
(G) Section 43.04 (Aggravated Promotion of Prostitution);
(G-1) Section 43.041 (Aggravated Online Promotion of Prostitution);
(H) Section 43.05 (Compelling Prostitution);
(I) Section 43.25 (Sexual Performance by a Child);
(J) Section 43.251 (Employment Harmful to Children); or
(K) Section 43.26 (Possession or Promotion of Child Pornography); or
(8) receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child or disabled individual trafficked in the manner described in Subdivision (7).
65
A Person commits an offense of "Continuous Trafficking of Persons" if:
during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20A.02 against one or more victims.
66
What is Chapter 21 of the Penal Codes?
SEXUAL OFFENSES
67
_____ means:
(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(B) the penetration of the genitals or the anus of another person with an object.
Deviate Sexual Intercourse
68
_____ means, except as provided by Section 21.11 or 21.12, 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
69
______ means any penetration of the female sex organ by the male sex organ.
Sexual Intercourse
70
_____ 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
71
What is Sec. 21.02 of the Penal Codes?
CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL.
72
_____ means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.
Disabled Individual
73
What is Sec. 21.07 of the Penal Codes?
PUBLIC LEWDNESS
74
What is Sec. 21.08 of the Penal Codes?
INDECENT EXPOSURE
75
What is Sec. 21.09 of the Penal Codes?
BESTIALITY
76
What is Sec. 21.11 of the Penal Codes?
INDECENCY WITH A CHILD
77
What is Sec. 21.12 of the Penal Codes?
IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT
78
What is Sec. 21.15 of the Penal Codes?
INVASIVE VISUAL RECORDING
79
What is Sec. 21.16 of the Penal Codes?
UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL
80
What is Sec. 21.165 of the Penal Codes?
UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN SEXUALLY EXPLICIT VIDEOS
81
What is Sec. 21.17 of the Penal Codes?
VOYEURISM
82
What is Sec. 21.18 of the Penal Codes?
SEXUAL COERCION
83
What is Sec. 21.19 of the Penal Codes?
UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL
84
A person commits the offense of "Continuous Sexual Abuse of a Young Child or Disabled Individual" if:
(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and
(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is:
(A) a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or
(B) a disabled individual.
85
A person commits the offense of "Public Lewdness" if:
the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse; or
(3) act of sexual contact.
86
A person commits the offense of "Indecent Exposure" if:
he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.
87
A person commits the offense of "Beastiality" if:
the person knowingly:
(1) engages in an act involving contact between:
(A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or
(B) the person's anus or genitals and the mouth of the animal;
(2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing;
(3) causes an animal to contact the seminal fluid of the person;
(4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice;
(5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4);
(6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4);
(7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4);
(8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control;
(9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or
(10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4).
88
A person commits the offense of "Indecency With a Child" 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 of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
89
A person commits an offense of "Improper Relationship Between Educator & Student" if:
An employee of a public or private primary or secondary school commits an offense if the employee:
(1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works;
(2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:
(A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or
(B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or
(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.
90
A person commits the offense of "Invasive Visual Recording" if:
, without the other person's consent and with intent to invade the privacy of the other person, the person:
(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;
(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or
(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
91
A person commits the offense of "Unlawful Disclosure or Promotion of Intimate Visual Material" if:
(1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct;
(2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;
(3) the disclosure of the visual material causes harm to the depicted person; and
(4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information or material related to the visual material; or
(B) information or material provided by a third party in response to the disclosure of the visual material.
(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:
(1) in return for not making the disclosure; or
(2) in connection with the threatened disclosure.
(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.
92
A person commits the offense of "Unlawful Production Or Distribution of Certain Sexually Explicit Videos" if:
, without the effective consent of the person appearing to be depicted, the person knowingly produces or distributes by electronic means a deep fake video that appears to depict the person with the person's intimate parts exposed or engaged in sexual conduct.
93
A person commits the offense of "Voyeurism" if:
the person, with the intent to arouse or gratify the sexual desire of the actor, observes, including remotely through the use of electronic means, another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.
94
A person commits the offense of "Sexual Coercion" if:
the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:
(1) intimate visual material; or
(2) an act involving sexual conduct causing arousal or gratification.
(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.
95
A person commits the offense of "Unlawful Electronic Transmission of Sexually Explicit Visual Material" if:
the person knowingly transmits by electronic means visual material that:
(1) depicts:
(A) any person engaging in sexual conduct or with the person's intimate parts exposed; or
(B) covered genitals of a male person that are in a discernibly turgid state; and
(2) is not sent at the request of or with the express consent of the recipient.
96
What is Chapter 22 of the Penal Codes?
Assaultive Offenses
97
What is Sec. 22.01 of the Penal Codes?
Assault
98
A Person commits the offense of "Assault" if:
the person:
(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.
99
What is Sec. 22.011 of the Penal Codes?
Sexual Assault
100
A person commits the offense of "Sexual Assault" if:
the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
(2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:
(1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion;
(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat;
(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;
(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
(8) the actor is a public servant who coerces the other person to submit or participate;
(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;
(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser;
(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code;
(12) the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor;
(13) the actor is a coach or tutor who causes the other person to submit or participate by using the actor's power or influence to exploit the other person's dependency on the actor; or
(14) the actor is a caregiver hired to assist the other person with activities of daily life and causes the other person to submit or participate by exploiting the other person's dependency on the actor.
101
_____ means a person who is legally married to another.
Spouse
102
_____ means:
(A) a physician licensed under Subtitle B, Title 3, Occupations Code;
(B) a chiropractor licensed under Chapter 201, Occupations Code;
(C) a physical therapist licensed under Chapter 453, Occupations Code;
(D) a physician assistant licensed under Chapter 204, Occupations Code; or
(E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code.
Health Care Services Provider
103
_____ means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:
(A) licensed social worker as defined by Section 505.002, Occupations Code;
(B) chemical dependency counselor as defined by Section 504.001, Occupations Code;
(C) licensed professional counselor as defined by Section 503.002, Occupations Code;
(D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code;
(E) member of the clergy;
(F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or
(G) special officer for mental health assignment certified under Section 1701.404, Occupations Code.
Mental Health Services Provider
104
_____ 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
105
_____ means a method of causing pregnancy other than sexual intercourse. The term includes:
(A) intrauterine insemination;
(B) donation of eggs;
(C) donation of embryos;
(D) in vitro fertilization and transfer of embryos; and
(E) intracytoplasmic sperm injection.
Assisted Reproduction
106
_____ means an individual who provides eggs or sperm to a licensed physician to be used for assisted reproduction, regardless of whether the eggs or sperm are provided for consideration. The term does not include:
(A) a husband who provides sperm or a wife who provides eggs to be used for assisted reproduction by the wife;
(B) a woman who gives birth to a child by means of assisted reproduction; or
(C) an unmarried man who, with the intent to be the father of the resulting child, provides sperm to be used for assisted reproduction by an unmarried woman, as provided by Section 160.7031.
Donor
107
_____ means:
(A) a human spermatozoon or ovum; or
(B) a human organism at any stage of development from fertilized ovum to embryo.
Human Reproductive Material
108
What is Sec. 22.012 of the Penal Codes?
Indecent Assault
109
A person commits an offense of "Indecent Assault" if:
without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person:
(1) touches the anus, breast, or any part of the genitals of another person;
(2) touches another person with the anus, breast, or any part of the genitals of any person;
(3) exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or
(4) causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.
110
What is Sec. 22.02 of the Penal Codes?
Aggravated Assault
111
A person commits an offense of "Aggravated Assault" if:
the person commits assault as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
112
_____ means a person who is certified by the commission under order of the supreme court to serve process.
Process Server
113
_____ 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
114
What is Sec. 22.021 of the Penal Codes?
Aggravated Sexual Assault
115
A person commits an offense of "Aggravated Sexual Assault" if:
the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
(iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
(B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly:
(i) causes the penetration of the anus or sexual organ of a child by any means;
(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
(2) if:
(A) the person:
(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
(ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;
(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
(vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act;
(B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or
(C) the victim is an elderly individual or a disabled individual.
116
What is Sec. 22.04 of the Penal Codes?
INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL
117
A person commits an offense of "INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL" if:
he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury; or
(3) bodily injury.
(a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury; or
(3) bodily injury.
(b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if:
(1) the actor has a legal or statutory duty to act; or
(2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.
118
What is Sec. 22.041 of the Penal Codes?
ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL
119
A person commits an offense of "ABANDONING OR ENDANGERING A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL" if:
the person, having custody, care, or control of a child, elderly individual, or disabled individual, intentionally abandons the child or individual in any place under circumstances that expose the child or individual to an unreasonable risk of harm.
(c) A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment.
(c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child, elderly individual, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment if:
(1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child, elderly individual, or disabled individual;
(2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child, elderly individual, or disabled individual and an analysis of a specimen of the child's or individual's blood, urine, or other bodily substance indicates the presence of methamphetamine in the body of the child or individual; or
(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code.
120
_____ means to leave in any place without providing reasonable and necessary care a child, elderly individual, or disabled individual under circumstances under which no reasonable, similarly situated person would leave a child or individual of that age and ability.
Abandon
121
What is Sec. 22.05 of the Penal Codes?
Deadly Conduct
122
A person commits an offense of "Deadly Conduct" if:
he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.
123
_____ means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:
(A) each separately secured or occupied portion of the structure or vehicle; and
(B) each structure appurtenant to or connected with the structure or vehicle.
Habitation
124
_____ means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
Building
125
_____ 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
126
What is Sec. 22.07 of the Penal Codes?
Terroristic Threat
127
A person commits the offense of "Terroristic Threat" if:
he threatens to commit any offense involving violence to any person or property with intent to:
(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious bodily injury;
(3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;
(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
(5) place the public or a substantial group of the public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
128
What is Sec. 22.08 of the Penal Codes?
Aiding Suicide
129
A person commits an offense of "Aiding Suicide" if:
with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide.
130
What is Sec. 22.09 of the Penal Codes?
Tampering With Consumer Product
131
A person commits an offense of "Tampering With Consumer Product" if:
he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person.
132
_____ 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
133
_____ 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
134
_____ means articles recognized in the official United States Pharmacopoeia National Formulary, or any supplement to it, articles designed or intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, articles, other than food, intended to affect the structure or any function of the body of man or other animals, and articles intended for use as a component of any article specified in this subdivision. The term does not include devices or their components, parts, or accessories. A food for which a claim is made in accordance with Section 403(r) of the federal Act, and for which the claim is approved by the secretary, is not a drug solely because the label or labeling contains such a claim.
Drug
135
_____ means:
(A) articles used for food or drink for man;
(B) chewing gum; and
(C) articles used for components of any such article.
Food
136
What is Sec. 22.10 of the Penal Codes?
Leaving a Child In a Vehicle
137
A person commits an offense of "Leaving a Child In a Vehicle" if:
he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is:
(1) younger than seven years of age; and
(2) not attended by an individual in the vehicle who is 14 years of age or older.
138
What is Sec. 22.11 of the Penal Codes?
HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT
139
A person commits an offense of "HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT" if :
with the intent to assault, harass, or alarm, the person:
(1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal;
(2) while committed to a civil commitment facility, causes:
(A) an officer or employee of the Texas Civil Commitment Office to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal:
(i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or
(ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or
(B) a person who contracts with the state to perform a service in the facility or an employee of that person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal:
(i) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the state to provide the service; or
(ii) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or
(3) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty.
140
What is Title 6 of the Penal Codes?
Offenses Against The Family
141
What is Chapter 25 of the Penal Codes?
Offenses Against The Family
142
What is Sec. 25.01 of the Penal Codes?
Bigamy
143
A person commits the offense of "Bigamy" if:
(1) he is legally married and he:
(A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor's prior marriage, constitute a marriage; or
(B) lives with a person other than his spouse in this state under the appearance of being married; or
(2) he knows that a married person other than his spouse is married and he:
(A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person's prior marriage, constitute a marriage; or
(B) lives with that person in this state under the appearance of being married.
144
_____ means holding out that the parties are married with cohabitation and an intent to be married by either party.
Under the Appearance of Being Married
145
What is Sec. 25.02 of the Penal Codes?
Prohibited Sexual Conduct
146
A person commits the offense of "Prohibited Sexual Conduct" if:
the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:
(1) the actor's ancestor or descendant by blood or adoption;
(2) the actor's current or former stepchild or stepparent;
(3) the actor's parent's brother or sister of the whole or half blood;
(4) the actor's brother or sister of the whole or half blood or by adoption;
(5) the children of the actor's brother or sister of the whole or half blood or by adoption; or
(6) the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.
147
_____ 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
148
_____ means any penetration of the female sex organ by the male sex organ.
Sexual Intercourse
149
What is Sec. 25.03 of the Penal Codes?
Interference With Child Custody
150
A person commits the offense of "Interference With Child Custody" if:
the person takes or retains a child younger than 18 years of age:
(1) when 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;
(2) when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child's custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or
(3) outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.
(b) A noncustodial parent commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, the noncustodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.
151
What is Sec. 25.031 of the Penal Codes?
Agreement To Abduct From Custody
152
A person Commits the offense of "Agreement To Abduct From Custody" if:
the person agrees, for remuneration or the promise of remuneration, to abduct a child younger than 18 years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control of a person having custody or physical possession of the child under a court order, including a temporary order, or under the care and control of another person who is exercising care and control with the consent of a person having custody or physical possession under a court order, including a temporary order.
153
What is Sec. 25.04 of the Penal Codes?
Enticing A Child
154
A person commits the offense of "Enticing A Child" if:
with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.
155
What is Sec. 25.05 of the Penal Codes?
Criminal Nonsupport
156
A person commits the offense of "Criminal Nonsupport" if:
the individual intentionally or knowingly fails to provide support for the individual's child younger than 18 years of age, or for the individual's child who is the subject of a court order requiring the individual to support the child.
157
What is Sec. 25.06 of the Penal Codes?
Harboring Runaway Child
158
A person commits the offense of "Harboring A Runaway Child" if:
he knowingly harbors a child and he is criminally negligent about whether the child:
(1) is younger than 18 years; and
(2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child's home without the consent of the child's parent or guardian for a substantial length of time or without the intent to return.
159
What is Sec. 25.07 of the Penal Codes?
VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE
160
A person commits the offense of "VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE" if:
in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(1) commits family violence or an act in furtherance of an offense under Section 20A.02, 22.011, 22.012, 22.021, or 42.072;
(2) communicates:
(A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;
(B) a threat through any person to a protected individual or a member of the family or household; or
(C) in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household;
(3) goes to or near any of the following places as specifically described in the order or condition of bond:
(A) the residence or place of employment or business of a protected individual or a member of the family or household; or
(B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends;
(4) possesses a firearm;
(5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order or condition of bond;
(6) removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system; or
(7) tracks or monitors personal property or a motor vehicle in the possession of a protected individual or of a member of the family or household of a protected individual, without the individual's effective consent, including by:
(A) using a tracking application on a personal electronic device in the possession of the protected individual or the family or household member or using a tracking device; or
(B) physically following the protected individual or family or household member or causing another to physically follow the individual or member.
161
_____ means:
(1) actual care, custody, control, or management of a pet, companion animal, or assistance animal by the person; or
(2) constructive possession of a pet, companion animal, or assistance animal owned by the person or for which the person has been the primary caregiver.
possession of a pet, companion animal, or assistance animal by a person
162
______ means:
(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or
(3) dating violence, as that term is defined by Section 71.0021.
Family Violence
163
_____ includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
Family
164
_____ means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
Household
165
_____ means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.
Firearm
166
_____ mean a canine that is specially trained or equipped to help a person with a disability and that is used by a person with a disability.
Assistance animal
167
_____ means any conduct that constitutes an offense under Section 42.072.
Stalking
168
What is Sec. 25.071 of the Penal Codes?
VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE
169
A person commits the offense of "VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE" if:
in violation of an order issued under Subchapter C, Chapter 7B, Code of Criminal Procedure, the person knowingly or intentionally:
(1) commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;
(2) communicates:
(A) directly with a protected individual in a threatening or harassing manner;
(B) a threat through any person to a protected individual; or
(C) in any manner with the protected individual, if the order prohibits any communication with a protected individual; or
(3) goes to or near the residence or place of employment or business of a protected individual.
170
What is Sec. 25.072 of the Penal Codes
REPEATED VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE
171
A person commits the offense of "REPEATED VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE" if:
during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 25.07.
(b) If the jury is the trier of fact, members of the jury must agree unanimously that the defendant, during a period that is 12 months or less in duration, two or more times engaged in conduct that constituted an offense under Section 25.07.
172
What is Sec. 25.08 of the Penal Codes?
SALE OR PURCHASE OF CHILD
173
A person commits the offense of "SALE OR PURCHASE OF CHILD" if:
he:
(1) possesses a child younger than 18 years of age or has the custody, conservatorship, or guardianship of a child younger than 18 years of age, whether or not he has actual possession of the child, and he offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another or for the possession of the child by another for purposes of adoption; or
(2) offers to give, agrees to give, or gives a thing of value to another for acquiring or maintaining the possession of a child for the purpose of adoption.
(b) It is an exception to the application of this section that the thing of value is:
(1) a fee or reimbursement paid to a child-placing agency as authorized by law;
(2) a fee paid to an attorney, social worker, mental health professional, or physician for services rendered in the usual course of legal or medical practice or in providing adoption counseling;
(3) a reimbursement of legal or medical expenses incurred by a person for the benefit of the child; or
(4) a necessary pregnancy-related expense paid by a child-placing agency for the benefit of the child's parent during the pregnancy or after the birth of the child as permitted by the minimum standards for child-placing agencies and Department of Protective and Regulatory Services rules.
174
What is Sec. 25.081 of the Penal Codes
UNREGULATED CUSTODY TRANSFER OF ADOPTED CHILD
175
A person commits the offense of "UNREGULATED CUSTODY TRANSFER OF ADOPTED CHILD" if:
the person knowingly:
(1) conducts an unregulated custody transfer of an adopted child; or
(2) facilitates or participates in the unregulated custody transfer of an adopted child, including by transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining an adopted child for that purpose.
176
_____ means a person younger than 18 years of age who was legally adopted through a governmental entity or through private means, including a person who is in foster care or from a foreign country at the time of the adoption.
Adopted Child
177
_____ means the transfer of the permanent physical custody of an adopted child by the parent, managing conservator, or guardian of the child without receiving approval of the transfer by a court as required by Section 162.026, Family Code.
Unregulated Custody Transfer
178
What is Sec. 25.09 of the Penal Codes
ADVERTISING FOR PLACEMENT OF CHILD
179
A person commits the offense of "ADVERTISING FOR PLACEMENT OF CHILD" if:
the person advertises in the public media that the person will place, provide, or obtain a child for adoption or any other form of permanent physical custody of the child.
(b) This section does not apply to a licensed child-placing agency that is identified in the advertisement as a licensed child-placing agency.
180
_____ means a telephone directory or legal directory, newspaper or other periodical, billboard or other sign, radio or television broadcast, recorded message the public may access by dialing a telephone number, or a written communication not prohibited by Section 38.12(d).
Public Media
181
What is Sec. 25.10 of the Penal Codes?
INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON
182
A person commits the offense of "INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON" if:
the person takes, retains, or conceals a ward when the person knows that the person's taking, retention, or concealment interferes with a possessory right with respect to the ward.
183
_____ 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 1151.051(c)(1), Estates Code.
Possessory Right
184
_____ means a person for whom a guardian has been appointed.
Ward
185
What is Sec. 25.11 of the Penal Codes?
CONTINUOUS VIOLENCE AGAINST THE FAMILY
186
A person commits the offense of "CONTINUOUS VIOLENCE AGAINST THE FAMILY" if:
during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.
187
What is Title 7 of the Penal Codes?
Offenses Against Property
188
What is Chapter 28 of the Penal Codes?
ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION
189
_____ means real property that is undeveloped for the purpose of human habitation.
Open- Space Land
190
_____ 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
191
What is Sec. 28.02 of the Penal Codes?
Arson
192
A person commits the offense of "Arson" if:
the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:
(1) any vegetation, fence, or structure on open-space land; or
(2) any building, habitation, or vehicle:
(A) knowing that it is within the limits of an incorporated city or town;
(B) knowing that it is insured against damage or destruction;
(C) knowing that it is subject to a mortgage or other security interest;
(D) knowing that it is located on property belonging to another;
(E) knowing that it has located within it property belonging to another; or
(F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.
(a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.
(a-2) A person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing:
(1) recklessly damages or destroys a building belonging to another; or
(2) recklessly causes another person to suffer bodily injury or death.
(b) It is an exception to the application of Subsection (a)(1) that the fire or explosion was a part of the controlled burning of open-space land.
(c) It is a defense to prosecution under Subsection (a)(2)(A) that prior to starting the fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions.
193
What is Sec. 28.03 of the Penal Codes?
Criminal Mischief
194
A person commits the offense of "Criminal Mischief" if:
without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
195
What is Sec. 28.04 of the Penal Codes?
Reckless Damage or Destruction
196
A person commits the offense of "Reckless Damage or Destruction" if:
without the effective consent of the owner, he recklessly damages or destroys property of the owner.
197
______ (1) the fair market value of the property at the time and place of the destruction; or
(2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the destruction.
Amount of Pecuniary Loss
198
What is Sec. 28.07 of the Penal Codes?
Interference With Railroad Property
199
_____ (A) a 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) a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad.
Railroad Property
200
_____ means to move, alter, or interfere with railroad property.
Tamper
201
A person commits the offense of "INTERFERENCE WITH RAILROAD PROPERTY" if:
the person:
(1) throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment; or
(2) without the effective consent of the owner:
(A) enters or remains on railroad property, knowing that it is railroad property;
(B) tampers with railroad property;
(C) places an obstruction on a railroad track or right-of-way; or
(D) causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.
202
What is Sec. 28.08 of the Penal Codes?
Graffiti
203
A person commits the offense of "Graffiti" if:
without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:
(1) paint;
(2) an indelible marker; or
(3) an etching or engraving device.
204
_____ means an aerosolized paint product.
Aerosol Paint
205
_____ 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
206
_____ 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
207
What is Sec 28.09 of the Penal Codes?
DAMAGING CRITICAL INFRASTRUCTURE FACILITY
208
_____ means an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility.
Critical Infrastructure Facility
209
_____ means an attempt to damage, disrupt, or gain unauthorized access to a computer, computer network, or computer system.
Cyber Attack
210
_____ means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that:
(A) is controlled remotely by a human operator; or
(B) operates autonomously through computer software or other programming.
Drone
211
_____ means a power outage:
(A) lasting for two hours or more; or
(B) affecting 1,000 or more meters used to measure electric energy consumption by retail customers.
Extended Power Outage
212
A person commits the offense of " Damaging Critical Infrastructure Facility" if:
without the effective consent of the owner or operator of a critical infrastructure facility, the person:
(1) intentionally or knowingly damages, destroys, vandalizes, or impairs the function of any critical infrastructure facility; and
(2) as a result of the conduct described by Subdivision (1), causes an extended power outage.
213
What is Chapter 29 of the Penal Codes?
Robbery
214
_____ means conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft.
In the course of committing theft
215
_____ means:
(A) tangible or intangible personal property including anything severed from land; or
(B) a document, including money, that represents or embodies anything of value.
Property
216
What is Sec. 29.02 of the Penal Codes?
Robbery
217
A person commits the offense of "Robbery" if:
in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
218
What is Sec. 29.03 of the Penal Codes?
Aggravated Robbery
219
A person commits the offense of "Aggravated Robbery" if:
he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
220
What is Chapter 30 of the Penal Codes?
BURGLARY AND CRIMINAL TRESPASS
221
_____ means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
Controlled Substance
222
_____ means a person engaged in the wholesale distribution of prescription drugs, including a manufacturer, repackager, own-label distributor, private-label distributor, jobber, broker, manufacturer warehouse, distributor warehouse, or other warehouse, manufacturer's exclusive distributor, authorized distributor of record, drug wholesaler or distributor, independent wholesale drug trader, specialty wholesale distributor, third-party logistics provider, retail pharmacy that conducts wholesale distribution, and pharmacy warehouse that conducts wholesale distribution.
Wholesale distributor of prescription drugs
223
What is Sec. 30.02 of the Penal Codes?
Burglary
224
A person commits the offense of "Burglary" if:
without the effective consent of the owner, the person:
(1) 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.
225
_____ means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
Enter
226
What is Sec. 30.03 of the Penal Codes?
BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES
227
A person commits the offense of "BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES" if:
without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services.
228
What is Sec. 30.04 of the Penal Codes?
Burglary of Vehicles
229
A person commits the offense of "Burglary of Vehicles" if:
without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
230
What is Sec. 30.05 of the Penal Codes?
Criminal Trespass
231
A person commits the offense of "Criminal Trespass" if:
the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation operating as a residential treatment center, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
232
______ means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
Notice
233
_____ means land on which the trees are potentially valuable for timber products.
Forest Land
234
_____ means a facility that:
(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or
(B) is listed on the state registry established under Section 361.181, Health and Safety Code.
Superfund Site
235
_____ means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:
(A) a chemical manufacturing facility;
(B) a refinery;
(C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;
(D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;
(E) a natural gas transmission compressor station;
(F) a liquid natural gas terminal or storage facility;
(G) a telecommunications central switching office;
(H) a port, railroad switching yard, trucking terminal, or other freight transportation facility;
(I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or
(J) a transmission facility used by a federally licensed radio or television station.
Critical infrastructure facility
236
_____ means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state:
(A) has firearm proficiency requirements for peace officers; and
(B) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state.
Recognized state
237
What is Sec. 30.06 of the Penal Codes
TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN
238
A person commits the offense of "TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN" if:
the license holder:
(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
239
What is Sec. 30.07 of the Penal Codes?
TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN
240
A person commits the offense of "TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN" if:
the license holder:
(1) openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that entry on the property by a license holder openly carrying a handgun was forbidden.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
241
What is Chapter 31 of the Penal Codes?
Theft
242
_____ means:
(A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true;
(B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true;
(C) preventing another from acquiring information likely to affect his judgment in the transaction;
(D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or
(E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.
Deception
243
_____ means:
(A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner;
(B) to restore property only upon payment of reward or other compensation; or
(C) to dispose of property in a manner that makes recovery of the property by the owner unlikely.
Deprive
244
_____ includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) induced by deception or coercion;
(B) given by a person the actor knows is not legally authorized to act for the owner;
(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;
(D) given solely to detect the commission of an offense; or
(E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.
Effective Consent
245
_____ means:
(A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or
(B) to acquire or otherwise exercise control over property other than real property.
Appropriate
246
_____ means:
(A) real property;
(B) tangible or intangible personal property including anything severed from land; or
(C) a document, including money, that represents or embodies anything of value.
Property
247
_____ includes:
(A) labor and professional service;
(B) telecommunication, public utility, or transportation service;
(C) lodging, restaurant service, and entertainment; and
(D) the supply of a motor vehicle or other property for use.
Service
248
What is Sec. 31.03 of the Penal Codes?
Theft
249
A person commits the offense of "theft" if:
he unlawfully appropriates property with intent to deprive the owner of property.
(b) Appropriation of property is unlawful if:
(1) it is without the owner's effective consent;
(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or
(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.
250
What is Sec. 31.04 of the penal codes?
Theft of Service
251
A person commits the offense of "Theft of Service" if:
with intent to avoid payment for service that the actor knows is provided only for compensation:
(1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token;
(2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services;
(3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or
(4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment.
252
What is Sec. 31.06 of the Penal Codes?
PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER
253
A person commits the offense of "PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER" if:
the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if:
(1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or
(2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.
254
What is Sec. 31.07 of the Penal Codes?
UNAUTHORIZED USE OF A VEHICLE
255
A person commits the offense of "Unauthorized Use of A Vehicle" if:
he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.
256
What is Sec. 31.11 of the Penal Codes?
TAMPERING WITH IDENTIFICATION NUMBERS
257
A person commits the offense of "Tampering With Identification Numbers" if:
the person:
(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or
(2) possesses, sells, or offers for sale tangible personal property and:
(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or
(B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.
258
What is Sec. 31.16 of the Penal Codes?
Organized Retail Theft
259
A person commits the offense of "Organized Retail Theft" if:
the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of:
(1) stolen retail merchandise; or
(2) merchandise explicitly represented to the person as being stolen retail merchandise.
260
What is Chapter 32 of the Penal Codes?
Fraud
261
_____ means:
(A) to alter, make, complete, execute, or authenticate any writing so that it purports:
(i) to be the act of another who did not authorize that act;
(ii) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or
(iii) to be a copy of an original when no such original existed;
(B) to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A); or
(C) to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B).
Forge
262
What is Sec. 32.21 of the Penal Codes?
Forgery
263
A person commits the offense of "Forgery" if:
he forges a writing with intent to defraud or harm another.
264
What is Sec. 32.22 of the Penal Codes?
Criminal Simulation
265
A person commits the offense of "Criminal Simulation" if:
with intent to defraud or harm another:
(1) he makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;
(2) he possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or
(3) he authenticates or certifies an object so made or altered as genuine or as different from what it is.
266
What is Sec. 32.24 of the Penal Codes?
STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER
267
A person commits the offense of "STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER" if:
the person steals an unsigned check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receives the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen.
268
What is Sec. 32.31 of the Penal Codes?
CREDIT CARD OR DEBIT CARD ABUSE
269
A person commits the offense of "CREDIT CARD OR DEBIT CARD ABUSE" if:
(1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:
(A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or
(B) the card has expired or has been revoked or cancelled;
(2) with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card;
(3) he receives a benefit that he knows has been obtained in violation of this section;
(4) he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder;
(5) he buys a credit card or debit card from a person who he knows is not the issuer;
(6) not being the issuer, he sells a credit card or debit card;
(7) he uses or induces the cardholder to use the cardholder's credit card or debit card to obtain property or service for the actor's benefit for which the cardholder is financially unable to pay;
(8) not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it;
(9) he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. For purposes of this subdivision, a card is incomplete if part of the matter that an issuer requires to appear on the card before it can be used, other than the signature of the cardholder, has not yet been stamped, embossed, imprinted, or written on it;
(10) being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or the cardholder, furnishes goods or services on presentation of a credit card or debit card obtained or retained in violation of this section or a credit card or debit card that is forged, expired, or revoked; or
(11) being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished.
270
What is Sec. 32.32 of the Penal Codes?
FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT OR IN THE PROVISION OF CERTAIN SERVICES
271
A person commits the offense of "FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT OR IN THE PROVISION OF CERTAIN SERVICES" if:
he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit, including a mortgage loan.
(b-1) A person commits an offense if the person intentionally or knowingly makes a materially false or misleading written statement in providing an appraisal of real property for compensation.
272
What is Sec. 32.41 of the Penal Codes?
ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER
273
A person commits the offense of "ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER" if:
he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.
274
What is Sec. 32.42 of the penal codes?
DECEPTIVE BUSINESS PRACTICES
275
A person commits the offense of "DECEPTIVE BUSINESS PRACTICES" if:
in the course of business he intentionally, knowingly, recklessly, or with criminal negligence commits one or more of the following deceptive business practices:
(1) using, selling, or possessing for use or sale a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
(2) selling less than the represented quantity of a property or service;
(3) taking more than the represented quantity of property or service when as a buyer the actor furnishes the weight or measure;
(4) selling an adulterated or mislabeled commodity;
(5) passing off property or service as that of another;
(6) representing that a commodity is original or new if it is deteriorated, altered, rebuilt, reconditioned, reclaimed, used, or secondhand;
(7) representing that a commodity or service is of a particular style, grade, or model if it is of another;
(8) advertising property or service with intent:
(A) not to sell it as advertised, or
(B) not to supply reasonably expectable public demand, unless the advertising adequately discloses a time or quantity limit;
(9) representing the price of property or service falsely or in a way tending to mislead;
(10) making a materially false or misleading statement of fact concerning the reason for, existence of, or amount of a price or price reduction;
(11) conducting a deceptive sales contest; or
(12) making a materially false or misleading statement:
(A) in an advertisement for the purchase or sale of property or service; or
(B) otherwise in connection with the purchase or sale of property or service.
276
What is Sec. 32.46 of the Penal Codes?
FRAUDULENT SECURING OF DOCUMENT EXECUTION
277
A person commits the offense of " FRAUDULENT SECURING OF DOCUMENT EXECUTION" if:
the person, with the intent to defraud or harm any person:
(1) causes another person, without that person's effective consent, to sign or execute any document affecting property or service or the pecuniary interest of any person; or
(2) causes a public servant, without the public servant's effective consent, to file or record any purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of:
(A) a purported court that is not expressly created or established under the constitution or the laws of this state or of the United States;
(B) a purported judicial entity that is not expressly created or established under the constitution or laws of this state or of the United States; or
(C) a purported judicial officer of a purported court or purported judicial entity described by Paragraph (A) or (B).
278
What is Sec. 32.47 of the Penal Codes?
FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING
279
A person commits the offense of "FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING" if:
with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record.
280
What is Sec. 32.51 of the Penal Codes?
FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION
281
A person commits the offense of "FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION" if:
the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of:
(1) identifying information of another person without the other person's consent or effective consent;
(2) information concerning a deceased natural person, including a stillborn infant or fetus, that would be identifying information of that person were that person alive, if the item of information is obtained, possessed, transferred, or used without legal authorization; or
(3) identifying information of a child younger than 18 years of age.
(b-1) For the purposes of Subsection (b), the actor is presumed to have the intent to harm or defraud another if the actor possesses:
(1) the identifying information of three or more other persons;
(2) information described by Subsection (b)(2) concerning three or more deceased persons; or
(3) information described by Subdivision (1) or (2) concerning three or more persons or deceased persons.
(b-2) The presumption established under Subsection (b-1) does not apply to a business or other commercial entity or a government agency that is engaged in a business activity or governmental function that does not violate a penal law of this state.
282
What is Sec. 32.55 of the Penal Codes?
FINANCIAL ABUSE OF ELDERLY INDIVIDUAL
283
A person commits the offense of "FINANCIAL ABUSE OF ELDERLY INDIVIDUAL" if:
the person knowingly engages in the financial abuse of an elderly individual.
284
What is Sec. 33.02 of the Penal Codes?
Breach of Computer Security
285
A person commits the offense of "Breach of Computer Security" if:
the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.
286
What is Sec. 33.021 of the Penal Codes?
ONLINE SOLICITATION OF A MINOR
287
A person commits the offense of "ONLINE SOLICITATION OF A MINOR" if:
the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
288
What is Sec. 33.07 of the Penal Codes?
Online Impersonation
289
A person commits the offense of "ONLINE IMPERSONATION" if:
the person, without obtaining the other person's consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another person to:
(1) create a web page on a commercial social networking site or other Internet website; or
(2) post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program.
(b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:
(1) without obtaining the other person's consent;
(2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
(3) with the intent to harm or defraud any person.
290
What is Sec. 33A.02 of the Penal Codes?
UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE
291
A person commits the offense of "UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE" if:
the person is an officer, shareholder, partner, employee, agent, or independent contractor of a telecommunications service provider and the person knowingly and without authority uses or diverts telecommunications service for the person's own benefit or to the benefit of another.
292
What is Sec. 33A.03 of the Penal Codes?
MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE
293
A person commits the offense of " MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE" if:
the person manufactures, possesses, delivers, offers to deliver, or advertises:
(1) a counterfeit telecommunications device; or
(2) a telecommunications device that is intended to be used to:
(A) commit an offense under Section 33A.04; or
(B) conceal the existence or place of origin or destination of a telecommunications service.
(b) A person commits an offense if the person delivers, offers to deliver, or advertises plans, instructions, or materials for manufacture of:
(1) a counterfeit telecommunications device; or
(2) a telecommunications device that is intended to be used to commit an offense under Subsection (a).
294
What is Sec. 33A.04 of the Penal Codes?
THEFT OF TELECOMMUNICATIONS SERVICE
295
A person commits the offense of "THEFT OF TELECOMMUNICATIONS SERVICE" if:
the person knowingly obtains or attempts to obtain telecommunications service to avoid or cause another person to avoid a lawful charge for that service by using:
(1) a telecommunications access device without the authority or consent of the subscriber or lawful holder of the device or pursuant to an agreement for an exchange of value with the subscriber or lawful holder of the device to allow another person to use the device;
(2) a counterfeit telecommunications access device;
(3) a telecommunications device or counterfeit telecommunications device; or
(4) a fraudulent or deceptive scheme, pretense, method, or conspiracy, or other device or means, including a false, altered, or stolen identification.
296
What is Title 8 of the Penal Codes?
OFFENSES AGAINST PUBLIC ADMINISTRATION
297
What is Chapter 36 of the Penal Codes?
BRIBERY AND CORRUPT INFLUENCE
298
_____ means:
(A) detained or under arrest by a peace officer; or
(B) under restraint by a public servant pursuant to an order of a court.
Custody
299
_____ means a person who holds any position or office in a political party, whether by election, appointment, or employment.
Party Official
300
_____ means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
Benefit
301
_____ means to cast a ballot in an election regulated by law.
Vote
302
What is Sec. 36.02 of the Penal Codes?
Bribery
303
A person commits the offense of "Bribery" if:
he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another:
(1) any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
(2) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding;
(3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official; or
(4) any benefit that is a political contribution as defined by Title 15, Election Code, or that is an expenditure made and reported in accordance with Chapter 305, Government Code, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit; notwithstanding any rule of evidence or jury instruction allowing factual inferences in the absence of certain evidence, direct evidence of the express agreement shall be required in any prosecution under this subdivision.
304
What is Sec. 36.03 of the Penal Codes?
COERCION OF PUBLIC SERVANT OR VOTER
305
A person commits the offense of "COERCION OF PUBLIC SERVANT OR VOTER" if:
by means of coercion he:
(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty; or
(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.
306
What is Sec. 36.05 of the Penal Codes?
TAMPERING WITH WITNESS
307
A person commits the offense of "TAMPERING WITH WITNESS" if:
with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official proceeding:
(1) to testify falsely;
(2) to withhold any testimony, information, document, or thing;
(3) to elude legal process summoning him to testify or supply evidence;
(4) to absent himself from an official proceeding to which he has been legally summoned; or
(5) to abstain from, discontinue, or delay the prosecution of another.
(b) A witness or prospective witness in an official proceeding commits an offense if he knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a).
308
What is Sec. 36.06 of the Penal Codes?
OBSTRUCTION OR RETALIATION
309
A person commits the offense of "OBSTRUCTION OR RETALIATION" if:
the person intentionally or knowingly harms or threatens to harm another by an unlawful act:
(1) in retaliation for or on account of the service or status of another as a:
(A) public servant, witness, prospective witness, or informant; or
(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or
(2) to prevent or delay the service of another as a:
(A) public servant, witness, prospective witness, or informant; or
(B) person who has reported or who the actor knows intends to report the occurrence of a crime.
(a-1) A person commits an offense if the person posts on a publicly accessible website the residence address or telephone number of an individual the actor knows is a public servant or a member of a public servant's family or household with the intent to cause harm or a threat of harm to the individual or a member of the individual's family or household in retaliation for or on account of the service or status of the individual as a public servant.
310
What is Sec. 36.09 of the Penal Codes?
OFFERING GIFT TO PUBLIC SERVANT
311
A person commits the offense of "OFFERING GIFT TO PUBLIC SERVANT" if:
he offers, confers, or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting.
312
What is chapter 37 of the Penal Codes?
PERJURY AND OTHER FALSIFICATION
313
What is sec. 37.02 of the Penal Codes?
Perjury
314
A person commits the offense of "Perjury" if:
with intent to deceive and with knowledge of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code.
315
What is Sec. 37.03 of the Penal Codes?
Aggravated Perjury
316
A person commits the offense of "Aggravated Perjury" if:
if he commits perjury as defined in Section 37.02, and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
317
What is Sec. 37.04 of the Penal Codes?
Materiality
318
What is Materiality?
A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding.
319
What is Sec. 37.08 of the Penal Codes?
FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, LAW ENFORCEMENT EMPLOYEE, CORRECTIONS OFFICER, OR JAILER
320
A person commits the offense of "FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, LAW ENFORCEMENT EMPLOYEE, CORRECTIONS OFFICER, OR JAILER" if:
with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a peace officer or federal special investigator conducting the investigation;
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation; or
(3) a corrections officer or jailer.
321
What is Sec. 37.081 of the Penal Codes?
FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON
322
A person commits the offense of "FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON" if:
with intent to deceive, the person knowingly:
(1) files a false report of a missing child or missing person with a law enforcement officer or agency; or
(2) makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person.
323
What is Sec. 37.09 of the Penal Codes?
TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE
324
A person commits the offense of "TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE" if:
knowing that an investigation or official proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or
(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
325
What is Sec. 37.10 of the Penal Codes?
TAMPERING WITH GOVERNMENTAL RECORD
326
A person commits the offense of "TAMPERING WITH GOVERNMENTAL RECORD" if:
(1) knowingly makes a false entry in, or false alteration of, a governmental record;
(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
(3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
(4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;
(5) makes, presents, or uses a governmental record with knowledge of its falsity; or
(6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.
327
What is Sec. 37.11 of the Penal Codes?
IMPERSONATING PUBLIC SERVANT
328
A person commits the offense of "Impersonating a Public Servant" if:
(1) impersonates a public servant with intent to induce another to submit to the person's pretended official authority or to rely on the person's pretended official acts; or
(2) knowingly purports to exercise, without legal authority, any function of a public servant or of a public office, including that of a judge and court.
329
What is Sec. 37.12 of the Penal Codes?
FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY
330
A person commits the offense of " FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY" if:
(1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item, including a vehicle, bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and
(2) the person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item.
331
What is Chapter 38 of the Penal Codes?
Obstructing Governmental Operation
332
What is Sec. 38.02 of the Penal Codes?
Failure to Identify
333
A person commits the offense of "Failure To Identify" if:
he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
(b-1) A person commits an offense if the person:
(1) is an operator of a motor vehicle, as defined by Section 32.34, who is lawfully detained by a peace officer for an alleged violation of a law;
(2) fails to provide or display the person's driver's license on the officer's request for the license; and
(3) intentionally refuses to give the person's name, driver's license number, residence address, or date of birth to the peace officer on the officer's request for that information.
334
What is Sec. 38.03 of the Penal Codes?
RESISTING ARREST, SEARCH, OR TRANSPORTATION
335
A person commits the offense of "RESISTING ARREST, SEARCH, OR TRANSPORTATION" if:
intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
336
What is Sec. 38.04 of the Penal Codes?
EVADING ARREST OR DETENTION
337
A person commits the offense of "EVADING ARREST OR DETENTION" if:
intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.
338
What is Sec. 38.05 of the Penal Codes?
HINDERING APPREHENSION OR PROSECUTION
339
A person commits the offense of "HINDERING APPREHENSION OR PROSECUTION" if:
with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:
(1) harbors or conceals the other;
(2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or
(3) warns the other of impending discovery or apprehension.
(b) It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law.
340
What is Sec. 38.06 of the Penal Codes?
Escape
341
A person commits the offense of "escape" if:
the person escapes from custody when the person is:
(1) under arrest for, lawfully detained for, charged with, or convicted of an offense;
(2) in custody pursuant to a lawful order of a court;
(3) detained in a secure detention facility, as that term is defined by Section 51.02, Family Code; or
(4) in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code.
342
What is Sec. 38.11 of the Penal Codes?
PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY
343
A person Commits the offense of "PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY" if:
the person provides, or possesses with the intent to provide:
(1) an alcoholic beverage, controlled substance, or dangerous drug to a person in the custody of a correctional facility or residing in a civil commitment facility, except on the prescription of a practitioner;
(2) a deadly weapon to a person in the custody of a correctional facility or residing in a civil commitment facility;
(3) a cellular telephone or other wireless communications device or a component of one of those devices to a person in the custody of a correctional facility;
(4) money to a person confined in a correctional facility; or
(5) a cigarette or tobacco product to a person confined in a correctional facility, except that if the facility is a local jail regulated by the Commission on Jail Standards, the person commits an offense only if providing the cigarette or tobacco product violates a rule or regulation adopted by the sheriff or jail administrator that:
(A) prohibits the possession of a cigarette or tobacco product by a person confined in the jail; or
(B) places restrictions on:
(i) the possession of a cigarette or tobacco product by a person confined in the jail; or
(ii) the manner in which a cigarette or tobacco product may be provided to a person confined in the jail.
(b) A person commits an offense if the person takes an alcoholic beverage, controlled substance, or dangerous drug into a correctional facility or civil commitment facility.
(c) A person commits an offense if the person takes a controlled substance or dangerous drug on property owned, used, or controlled by a correctional facility or civil commitment facility.
(d) A person commits an offense if the person:
(1) possesses an alcoholic beverage, controlled substance, or dangerous drug while in a correctional facility or civil commitment facility or on property owned, used, or controlled by a correctional facility or civil commitment facility; or
(2) possesses a deadly weapon while in a correctional facility or civil commitment facility.
344
What is Sec. 38.13 of the Penal Codes?
HINDERING PROCEEDINGS BY DISORDERLY CONDUCT
345
A person commits the offense of "HINDERING PROCEEDINGS BY DISORDERLY CONDUCT" if:
he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.
(b) A person commits an offense if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist.
346
What is Sec. 38.14 of the Penal Codes?
TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER
347
A person commits the offense of "TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER" if:
the person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer's, investigator's, employee's, or official's firearm, nightstick, stun gun, or personal protection chemical dispensing device.
(c) The actor is presumed to have known that the peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer was a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer if:
(1) the officer, investigator, employee, or official was wearing a distinctive uniform or badge indicating his employment; or
(2) the officer, investigator, employee, or official identified himself as a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer.
348
What is Sec. 38.15 of the Penal Codes?
INTERFERENCE WITH PUBLIC DUTIES
349
A person commits then offense of "INTERFERENCE WITH PUBLIC DUTIES" if:
the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:
(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
(2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty;
(3) a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire;
(4) an animal under the supervision of a peace officer, corrections officer, or jailer, if the person knows the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes;
(5) the transmission of a communication over a citizen's band radio channel, the purpose of which communication is to inform or inquire about an emergency;
(6) an officer with responsibility for animal control in a county or municipality, while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 or 822, Health and Safety Code; or
(7) a person who:
(A) has responsibility for assessing, enacting, or enforcing public health, environmental, radiation, or safety measures for the state or a county or municipality;
(B) is investigating a particular site as part of the person's responsibilities under Paragraph (A);
(C) is acting in accordance with policies and procedures related to the safety and security of the site described by Paragraph (B); and
(D) is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code.
350
What is Sec. 38.151 of the Penal Codes?
INTERFERENCE WITH POLICE SERVICE ANIMALS
351
A person commits the offense of "INTERFERENCE WITH POLICE SERVICE ANIMALS" if:
the person recklessly:
(1) taunts, torments, or strikes a police service animal;
(2) throws an object or substance at a police service animal;
(3) interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that:
(A) inhibits or restricts the handler's or rider's control of the animal; or
(B) deprives the handler or rider of control of the animal;
(4) releases a police service animal from its area of control;
(5) enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area;
(6) injures or kills a police service animal; or
(7) engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance.
352
What is Sec. 38.17 of the Penal Codes?
FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD
353
A person commits the offense of "FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD" if:
(1) the actor observes the commission or attempted commission of an offense prohibited by Section 21.02 or 22.021(a)(2)(B) under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against the child;
(2) the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and
(3) the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death.
354
What is Sec. 38.171 of the Penal Codes?
FAILURE TO REPORT FELONY
355
A person commits the offense of "FAILURE TO REPORT FELONY" if:
the person:
(1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and
(2) fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which:
(A) a reasonable person would believe that the commission of the offense had not been reported; and
(B) the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death.
356
What is Chapter 39 of the Penal Codes?
Abuse of Office
357
What is Sec. 39.02 of the Penal Codes?
ABUSE OF OFFICIAL CAPACITY
358
A person commits the offense of "ABUSE OF OFFICIAL CAPACITY" if:
with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant's office or employment; or
(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment.
359
What is Sec. 39.03 of the Penal Codes?
OFFICIAL OPPRESSION
360
A person commits the offense of "OFFICIAL OPPRESSION" if:
A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment.
361
What is Sec. 39.06 of the Penal Codes?
MISUSE OF OFFICIAL INFORMATION
362
A person commits the offense of "MISUSE OF OFFICIAL INFORMATION" if:
A public servant commits an offense if, in reliance on information to which the public servant has access by virtue of the person's office or employment and that has not been made public, the person:
(1) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information;
(2) speculates or aids another to speculate on the basis of the information; or
(3) as a public servant, including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency.
(b) A public servant commits an offense if with intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that:
(1) he has access to by means of his office or employment; and
(2) has not been made public.
(c) A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that:
(1) the public servant has access to by means of his office or employment; and
(2) has not been made public.
363
What is Sec. 42.01 of the Penal Codes?
DISORDERLY CONDUCT
364
A person commits the offense of "Disorderly Conduct" 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.
365
What is Sec. 42.02 of the Penal Codes?
Riot
366
_____ means the assemblage of seven or more persons resulting in conduct which:
(1) creates an immediate danger of damage to property or injury to persons;
(2) substantially obstructs law enforcement or other governmental functions or services; or
(3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.
Riot
367
A person commits the offense of "Riot" if:
he knowingly participates in a riot.
368
What is Sec. 42.03 of the Penal Codes?
OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY
369
A person commits the offense of "OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY"
without legal privilege or authority, he intentionally, knowingly, or recklessly:
(1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or
(2) disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises:
(A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or
(B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
370
_____ means to render impassable or to render passage unreasonably inconvenient or hazardous.
Obstruct
371
What is Sec. 42.05 of the Penal Codes?
DISRUPTING MEETING OR PROCESSION
372
A person commits the offense of "DISRUPTING MEETING OR PROCESSION" if:
with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance.
373
What is Sec. 42.055 of the Penal Codes?
FUNERAL SERVICE DISRUPTIONS
374
A person commits the offense of "FUNERAL SERVICE DISRUPTIONS" if:
during the period beginning three hours before the service begins and ending three hours after the service is completed, the person engages in picketing within 1,000 feet of a facility or cemetery being used for a funeral service.
375
What is Sec. 42.06 of the Penal Codes?
FALSE ALARM OR REPORT
376
A person commits the offense of "FALSE ALARM OR REPORT" if:
he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily:
(1) cause action by an official or volunteer agency organized to deal with emergencies;
(2) place a person in fear of imminent serious bodily injury; or
(3) prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance.
377
What is Sec. 42.0601 of the Penal Codes?
FALSE REPORT TO INDUCE EMERGENCY RESPONSE
378
A person commits the offense of "FALSE REPORT TO INDUCE EMERGENCY RESPONSE" if:
(1) the person makes a report of a criminal offense or an emergency or causes a report of a criminal offense or an emergency to be made to a peace officer, law enforcement agency, 9-1-1 service as defined by Section 771.001, Health and Safety Code, official or volunteer agency organized to deal with emergencies, or any other governmental employee or contractor who is authorized to receive reports of a criminal offense or emergency;
(2) the person knows that the report is false;
(3) the report causes an emergency response from a law enforcement agency or other emergency responder; and
(4) in making the report or causing the report to be made, the person is reckless with regard to whether the emergency response by a law enforcement agency or other emergency responder may directly result in bodily injury to another person.
379
What is Sec. 42.061 of the Penal Codes?
SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE
380
A person commits the offense of "SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE" if:
the person makes a call to a 9-1-1 service, or requests 9-1-1 service using an electronic communications device, when there is not an emergency and knowingly or intentionally:
(1) remains silent; or
(2) makes abusive or harassing statements to a PSAP employee.
(c) A person commits an offense if the person knowingly permits an electronic communications device, including a telephone, under the person's control to be used by another person in a manner described in Subsection (b).
381
What is Sec. 42.062 of the Penal Codes?
INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE
382
A person commits the offense of "INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE" if:
the individual knowingly prevents or interferes with another individual's ability to place an emergency call or to request assistance, including a request for assistance using an electronic communications device, in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
(b) An individual commits an offense if the individual recklessly renders unusable an electronic communications device, including a telephone, that would otherwise be used by another individual to place an emergency call or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
383
What is Sec. 42.07 of the Penal Codes?
HARASSMENT
384
A person commits the offense of "HARASSMENT" if:
with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:
(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;
(2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property;
(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;
(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;
(5) makes a telephone call and intentionally fails to hang up or disengage the connection;
(6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section;
(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;
(8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern;
(9) tracks or monitors the personal property or motor vehicle of another person, without the other person's effective consent, including by:
(A) using a tracking application on the person's personal electronic device or using a tracking device; or
(B) physically following the other person or causing any person to physically follow the other person; or
(9) makes obscene, intimidating, or threatening telephone calls or other electronic communications from a temporary or disposable telephone number provided by an Internet application or other technological means.
385
What is Sec. 42.072 of the Penal Codes?
Stalking
386
A person commits the offense of "STALKING" if:
the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed at a specific other person, knowingly engages in conduct that:
(1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening:
(A) bodily injury or death for the other person; or
(B) that an offense will be committed against:
(i) a member of the other person's family or household;
(ii) an individual with whom the other person has a dating relationship; or
(iii) the other person's property;
(2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship:
(A) to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship, or the other person's property; or
(B) to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended; and
(3) would cause a reasonable person under circumstances similar to the circumstances of the other person to:
(A) fear bodily injury or death for the person;
(B) fear that an offense will be committed against a member of the person's family or household or an individual with whom the person has a dating relationship;
(C) fear that an offense will be committed against the person's property; or
(D) feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended.
387
What is Sec. 42.074 of the Penal Codes?
UNLAWFUL DISCLOSURE OF RESIDENCE ADDRESS OR TELEPHONE NUMBER
388
A person commits the offense of "UNLAWFUL DISCLOSURE OF RESIDENCE ADDRESS OR TELEPHONE NUMBER" if:
the person posts on a publicly accessible website the residence address or telephone number of an individual with the intent to cause harm or a threat of harm to the individual or a member of the individual's family or household.
389
What is Sec. 42.08 of the Penal Codes?
ABUSE OF CORPSE
390
A person commits the offense of "ABUSE OF CORPSE" if:
the person, without legal authority, knowingly:
(1) disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a human corpse;
(2) conceals a human corpse knowing it to be illegally disinterred;
(3) sells or buys a human corpse or in any way traffics in a human corpse;
(4) transmits or conveys, or procures to be transmitted or conveyed, a human corpse to a place outside the state; or
(5) vandalizes, damages, or treats in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest.
391
What is Sec. 42.09 of the Penal Codes?
CRUELTY TO LIVESTOCK ANIMALS
392
A person commits the offense of "CRUELTY TO LIVESTOCK ANIMALS" if:
the person intentionally or knowingly:
(1) tortures a livestock animal;
(2) fails unreasonably to provide necessary food, water, or care for a livestock animal in the person's custody;
(3) abandons unreasonably a livestock animal in the person's custody;
(4) transports or confines a livestock animal in a cruel and unusual manner;
(5) administers poison to a livestock animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent;
(6) causes one livestock animal to fight with another livestock animal or with an animal as defined by Section 42.092;
(7) uses a live livestock animal as a lure in dog race training or in dog coursing on a racetrack;
(8) trips a horse; or
(9) seriously overworks a livestock animal.
393
_____ means:
(A) cattle, sheep, swine, goats, ratites, or poultry commonly raised for human consumption;
(B) a horse, pony, mule, donkey, or hinny;
(C) native or nonnative hoofstock raised under agriculture practices; or
(D) native or nonnative fowl commonly raised under agricultural practices.
Livestock Animal
394
What is Sec. 49.092 of the Penal Codes?
CRUELTY TO NONLIVESTOCK ANIMALS
395
A person commits the offense of "CRUELTY TO NONLIVESTOCK ANIMALS" if:
the person intentionally, knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;
(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;
(4) abandons unreasonably an animal in the person's custody;
(5) transports or confines an animal in a cruel manner;
(6) without the owner's effective consent, causes bodily injury to an animal;
(7) causes one animal to fight with another animal, if either animal is not a dog;
(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or
(9) seriously overworks an animal.
396
What is sec. 42.105 of the Penal Codes?
COCKFIGHTING
397
A person commits the offense of "COCKFIGHTING" if:
the person knowingly:
(1) causes a cock to fight with another cock;
(2) participates in the earnings of a cockfight;
(3) uses or permits another to use any real estate, building, room, tent, arena, or other property for cockfighting;
(4) owns or trains a cock with the intent that the cock be used in an exhibition of cockfighting;
(5) manufactures, buys, sells, barters, exchanges, possesses, advertises, or otherwise offers a gaff, slasher, or other sharp implement designed for attachment to a cock with the intent that the implement be used in cockfighting; or
(6) attends as a spectator an exhibition of cockfighting.
398
What is Sec. 42.12 of the Penal Codes?
DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES
399
A person commits the offense of "DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES"
the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.
400
What is Sec. 42.13 of the Penal Codes?
USE OF LASER POINTERS
401
A person commits the offense of "USE OF LASER POINTERS" if:
the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer.
402
_____ means a device that emits a visible light amplified by the stimulated emission of radiation.
Laser Pointer
403
What is Sec. 42.14 of the Penal Codes?
ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT
404
A person commits the offense of "ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT" if:
(1) the person intentionally directs a light from a laser pointer or other light source at an aircraft; and
(2) the light has an intensity sufficient to impair the operator's ability to control the aircraft.
405
What is Chapter 43 of the Penal Codes?
Public Indecency
406
What is Title 9 of the Penal Codes?
OFFENSES AGAINST PUBLIC ORDER AND DECENCY
407
What is Sec. 43.02 of the Penal Codes?
PROSTITUTION
408
A person commits the offense of " PROSTITUTION" if:
the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.
409
What is Sec. 43.021 of the Penal Codes?
SOLICITATION OF PROSTITUTION
410
A person commits the offense of "SOLICITATION OF PROSTITUTION" if:
the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.
411
What is Sec. 43.03 of the Penal Codes?
PROMOTION OF PROSTITUTION
412
A person commits the offense of "PROMOTION OF PROSTITUTION" if:
acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:
(1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
(2) solicits another to engage in sexual conduct with another person for compensation.
413
_____ means material or a performance that:
(A) the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;
(B) depicts or describes:
(i) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or
(ii) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and
(C) taken as a whole, lacks serious literary, artistic, political, and scientific value.
Obscene
414
_____ means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three dimensional obscene device.
Material
415
_____ means so offensive on its face as to affront current community standards of decency.
Patently Offensive
416
What is Sec. 43.22 of The Penal Codes?
OBSCENE DISPLAY OR DISTRIBUTION
417
A person commits the offense of "OBSCENE DISPLAY OR DISTRIBUTION" if:
he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.
418
What is Sec. 43.24 of the Penal Codes?
SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR
419
A person commits the offense of "SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR" if:
knowing that the material is harmful:
(1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;
(2) he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or
(3) he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(1) or (b)(2).
420
What is Sec. 43.25 of the Penal Codes?
SEXUAL PERFORMANCE BY A CHILD
421
A person commits the offense of "SEXUAL PERFORMANCE BY A CHILD" if:
knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance. A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.
422
What is Sec. 43.251 of the Penal Codes?
EMPLOYMENT HARMFUL TO CHILDREN
423
A person commits the offense of "EMPLOYMENT HARMFUL TO CHILDREN" if
the person employs, authorizes, or induces a child to work:
(1) in a sexually oriented commercial activity; or
(2) in any place of business permitting, requesting, or requiring a child to work nude or topless.
424
What is Sec. 43.26 of the Penal Codes?
POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY
425
A person commits the offense of "POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY" if:
(1) the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct, including a child who engages in sexual conduct as a victim of an offense under Section 20A.02(a)(5), (6), (7), or (8); and
(2) the person knows that the material depicts the child as described by Subdivision (1).
426
What is Sec. 43.261 of the Penal Codes?
ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR
427
A person commits the offense of "ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR" if:
(b) A person who is a minor commits an offense if the person intentionally or knowingly:
(1) by electronic means promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material; or
(2) possesses in an electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material.
(b-1) For purposes of conduct prohibited under Subsection (b), visual material to which that conduct applies includes a depiction of a minor:
(1) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
(2) whose image as a minor was used in creating, adapting, or modifying the visual material, including computer-generated visual material that was created, adapted, or modified using an artificial intelligence application or other computer software.
428
What is Title 10 of the Penal Codes?
OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
429
What is Chapter 46 of the Penal Codes?
Wepaons
430
What is Sec. 46.02 of the Penal Codes?
UNLAWFUL CARRYING WEAPONS
431
A person commits the offense of "UNLAWFUL CARRYING WEAPONS" if:
the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and
(3) 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 person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or
(B) prohibited by law from possessing a firearm.
A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife;
(2) is younger than 18 years of age at the time of the offense; and
(3) is not:
(A) on the person's own premises or premises under the person's control;
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; or
(C) under the direct supervision of a parent or legal guardian of the person.
(a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster.
(a-6) A person commits an offense if the person:
(1) carries a handgun while the person is intoxicated; and
(2) is not:
(A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or
(B) inside of or directly en route to a motor vehicle or watercraft:
(i) that is owned by the person or under the person's control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.
(a-7) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(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 person's control; and
(3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c).
(a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions.
432
What is Sec. 46.03 of the Penal Codes?
PLACES WEAPONS PROHIBITED
433
A person commits the offense of "PLACES WEAPONS PROHIBITED" if:
A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a
434
What is Sec. 46.04 of the Penal Codes?
UNLAWFUL POSSESSION OF FIREARM
435
A person commits the offense of "UNLAWFUL POSSESSION OF FIREARM" if:
(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
436
What is Sec. 46.041 of the Penal Codes?
UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON
437
A person commits the offense of "UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON" if:
(b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.
438
What is Sec. 46.05 of the Penal Codes?
PROHIBITED WEAPONS
439
A person commits the offense of "PROHIBITED WEAPONS" if:
the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:
(A) an explosive weapon;
(B) a machine gun; or
(C) a short-barrel firearm;
(2) armor-piercing ammunition;
(3) a chemical dispensing device;
(4) a zip gun;
(5) a tire deflation device; or
(6) an improvised explosive device.
440
What is Sec. 46.08 of the Penal Codes?
HOAX BOMBS
441
A person commits the offense of "HOAX BOMBS" if:
the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to:
(1) make another believe that the hoax bomb is an explosive or incendiary device; or
(2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.
442
What is Sec. 46.10 of the Penal Codes?
DEADLY WEAPON IN PENAL INSTITUTION
443
A person commits the offense of "DEADLY WEAPON IN PENAL INSTITUTION" if:
while confined in a penal institution, he intentionally, knowingly, or recklessly:
(1) carries on or about his person a deadly weapon; or
(2) possesses or conceals a deadly weapon in the penal institution.
444
What is Sec. 46.13 of the Penal Codes?
MAKING A FIREARM ACCESSIBLE TO A CHILD
445
A person commits the offense of "MAKING A FIREARM ACCESSIBLE TO A CHILD" if:
A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person knew or should have known the child would gain access.
446
What is Sec. 46.15 of the Penal Codes?
NONAPPLICABILITY
447
Who does Nonapplicability apply to?
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;
(2) parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;
(3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section 76.0051, Government Code;
(4) an active or retired judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. Section 926C, who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer;
(6) the attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;
(7) an assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;
(8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer;
(9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code;
(10) a person who is volunteer emergency services personnel if the person is:
(A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services; or
(11) a person who:
(A) retired after serving as a judge or justice described by Section 411.201(a)(1), Government Code; and
(B) is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code
Text of subdivision as added by Acts 2023, 88th Leg., R.S., Ch. 1077 (S.B. 599), Sec. 4
(11) a district or county clerk who is carrying a handgun the clerk is licensed to carry under Subchapter H, Chapter 411, Government Code.
448
What is Chapter 47 of the Penal Codes?
Gambling
449
What is Sec. 47.02 of the Penal Codes?
Gambling
450
A person commits the offense of "Gambling" if:
he:
(1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest;
(2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
451
What is Sec. 47.03 of the Penal Codes?
GAMBLING PROMOTION
452
A person commits the offense of "GAMBLING PROMOTION" if:
he intentionally or knowingly does any of the following acts:
(1) operates or participates in the earnings of a gambling place;
(2) engages in bookmaking;
(3) for gain, becomes a custodian of anything of value bet or offered to be bet;
(4) sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
(5) for gain, sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.
453
What is Sec. 47.06 of the Penal Codes?
POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA
454
A person commits the offense of "POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA" if
with the intent to further gambling, he knowingly owns, manufactures, transfers, or possesses any gambling device that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of a gambling device.
(b) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers commercially, or possesses any altered gambling equipment that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of such device.
(c) A person commits an offense if, with the intent to further gambling, the person knowingly owns, manufactures, transfers commercially, or possesses gambling paraphernalia.
455
What is Chapter 48 of the Penal Codes?
CONDUCT AFFECTING PUBLIC HEALTH
456
What is Sec. 48.01 of the Penal Codes?
SMOKING TOBACCO
457
A person commits the offense of "SMOKING TOBACCO" if:
A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place.
458
What is Sec. 48.015 of the Penal Codes?
PROHIBITIONS RELATING TO CERTAIN CIGARETTES
459
A person commits the offense of "PROHIBITIONS RELATING TO CERTAIN CIGARETTES" if:
A person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state:
(1) cigarettes that do not comply with all applicable requirements imposed by or under federal law and implementing regulations; or
(2) cigarettes to which stamps may not be affixed under Section 154.0415, Tax Code, other than cigarettes lawfully imported or brought into the state for personal use and cigarettes lawfully sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with 19 U.S.C. Section 1555(b), as amended.
460
What is Sec. 48.05 of the Penal Codes?
PROHIBITED CAMPING
461
A person commits the offense of "PROHIBITED CAMPING" if:
the person intentionally or knowingly camps in a public place without the effective consent of the officer or agency having the legal duty or authority to manage the public place.
462
What is Chapter 49 of the Penal Codes?
INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
463
_____ means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
Alcohol concentration
464
_____ means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
Intoxicated
465
What is Sec. 49.02 of the Penal Codes?
PUBLIC INTOXICATION
466
A person commits the offense of "PUBLIC INTOXICATION" if:
the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.
467
What is Sec. 49.031 of the Penal Codes?
POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE
468
A person commits the offense of "POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE" if:
the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.
469
What is Sec. 49.04 of the Penal Codes?
DRIVING WHILE INTOXICATED
470
A person commits the offense of "DRIVING WHILE INTOXICATED" if:
the person is intoxicated while operating a motor vehicle in a public place.
471
What is Sec. 49.045 of the Penal Codes?
DRIVING WHILE INTOXICATED WITH CHILD PASSENGER
472
A person commits the offense of "DRIVING WHILE INTOXICATED WITH CHILD PASSENGER" if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
473
What is Sec. 49.06 of the Penal Codes?
BOATING WHILE INTOXICATED
474
A person commits the offense of "BOATING WHILE INTOXICATED" if:
the person is intoxicated while operating a watercraft.
475
What is Sec. 49.061 of the Penal Codes?
BOATING WHILE INTOXICATED WITH CHILD PASSENGER
476
A person commits the offense of "BOATING WHILE INTOXICATED WITH CHILD PASSENGER" if:
(1) the person is intoxicated while operating a watercraft; and
(2) the watercraft being operated by the person is occupied by a passenger who is younger than 15 years of age.
477
What is Sec. 49.07 of the Penal Codes?
INTOXICATION ASSAULT
478
A person commits the offense of "INTOXICATION ASSAULT" if:
the person, by accident or mistake:
(1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or
(2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
479
What is Sec. 49.08 of the Penal Codes?
INTOXICATION MANSLAUGHTER
480
A person commits the offense of "INTOXICATION MANSLAUGHTER" if:
the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
481
What is Chapter 50 of the Penal Codes?
FIREWORKS
482
What is Sec. 50.02 of the Penal Codes?
UNLAWFUL USE OF FIREWORKS
483
A person commits the offense of "UNLAWFUL USE OF FIREWORKS" if:
the person explodes or ignites fireworks with the intent to:
(1) interfere with the lawful performance of an official duty by a law enforcement officer; or
(2) flee from a person the actor knows is a law enforcement officer attempting to lawfully arrest or detain the actor.
484
What is Title 11 of the Penal Codes?
ORGANIZED CRIME
485
What is Chapter 71 of the Penal Codes?
ORGANIZED CRIME
486
_____ means three or more persons who collaborate in carrying on criminal activities, although:
(1) participants may not know each other's identity;
(2) membership in the combination may change from time to time; and
(3) participants may stand in a wholesaler-retailer or other arm's-length relationship in illicit distribution operations.
COMBINATION
487
_____ means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.
Criminal Street Gang
488
What is Sec. 71.02 of the Penal Codes?
ENGAGING IN ORGANIZED CRIMINAL ACTIVITY
489
A person commits the offense of "ENGAGING IN ORGANIZED CRIMINAL ACTIVITY" if:
ith the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang or foreign terrorist organization, the person commits or conspires to commit one or more of the following:
(1) murder, capital murder, arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, continuous sexual abuse of young child or disabled individual, solicitation of a minor, forgery, deadly conduct, assault punishable as a Class A misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor vehicle;
(2) any gambling offense punishable as a Class A misdemeanor;
(3) promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug:
(A) through forgery, fraud, misrepresentation, or deception; or
(B) with the intent to deliver the controlled substance or dangerous drug;
(5-a) causing the unlawful delivery, dispensation, or distribution of a controlled substance or dangerous drug in violation of Subtitle B, Title 3, Occupations Code;
5-b) unlawful possession with intent to deliver a controlled substance listed in Penalty Group 1-B under Section 481.1022, Health and Safety Code;
5-b) any unlawful possession with intent to deliver a controlled substance or dangerous drug;
(6) any unlawful wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same;
(7) any offense under Subchapter B, Chapter 43, depicting or involving conduct by or directed toward a child younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34, 35, or 35A;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10;
(14) any offense under Section 38.06, 38.07, 38.09, or 38.11;
(15) any offense under Section 42.10;
(16) any offense under Section 46.06(a)(1) or 46.14;
(17) any offense under Section 20.05, 20.06, or 20.07;
(18) any offense under Section 16.02;
(19) any offense punishable under Section 42.03(d) or (e);
Text of subdivision as amended by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 2.05
(19) an offense under Section 28.03 that is punishable under Subsection (b)(4)(E) of that section;
Text of subdivision as added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 2.05
(20) an offense under Section 31.21 that is punishable under Subsection (d) of that section; or
Text of subdivision as amended by Acts 2023, 88th Leg., R.S., Ch. 369 (H.B. 1442), Sec. 3
(20) any offense classified as a felony under the Tax Code; or
Text of subdivision as added by Acts 2023, 88th Leg., R.S., Ch. 369 (H.B. 1442), Sec. 3
(21) any offense under Section 545.420, Transportation Code.
Text of subdivision as amended by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 2.05
(21) any offense classified as a felony under the Tax Code.
