PC Section 39 Flashcards
Sec. 39.01. DEFINITIONS. In this chapter:
(1) “Law relating to a public servant’s office or employment” means a law that specifically applies to a person acting in the capacity of a _____and that directly or indirectly:
(A) imposes a ____on the public servant; or
(B) governs the _____of the public servant.
(2) “Misuse” means to deal with property contrary to:
(A) ______under which the public servant holds the property;
(B) a contract of e_____ or o______of a public servant;
(C) a law, including provisions of the (GAA) _______specifically relating to government property, that prescribes the manner of custody or disposition of the property; or
(D) a limited purpose for which the property is delivered or received.
1) public servant A) duty B) conduct an agreement employment or oath of office General Appropriations Act
Sec. 39.015. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES UNDER THIS CHAPTER. With the consent of the appropriate local _____ or _____attorney, the _______has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter.
county or district
attorney general
Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to _____ or _____another, he i_____ or k______:
(1) violates a law relating to the public servant’s office or employment;
harm or defraud
intentionally or knowingly
Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(2) misuses g____, s_____, p_______, 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.
(b) An offense under Subsection (a)(1) is a Class A misdemeanor.
government property, services, personnel
Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
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.
(d) A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not _______ belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity.
things of value
Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
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.
(e) If separate transactions that violate Subsection (a)(2) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as _______and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense.
one offense
Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
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.
(f) The value of the use of a thing of value misused under Subsection (a)(2) may not exceed:
(1) the _____value of the thing at the time of the offense; or
(2) if the fair market value of the thing cannot be ascertained, the______the thing within a reasonable time after the offense.
fair market
cost of replacing
Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to m______or to a____, d_____, s_____, s_____, d_____, a_____, or l____ that he knows is unlawful;
mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien
Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:
(2) intentionally denies or impedes another in the exercise or enjoyment of any r_____, p_____, p____, or I_____, knowing his conduct is unlawful;
right, privilege, power, or immunity
Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:
(3) intentionally subjects another to ________.
(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in_______or takes advantage of such actual or purported capacity.
(c) In this section, “sexual harassment” means ______, requests for sexual favors, or other verbal or physical conduct of a ______, submission to which is made a term or condition of a person’s exercise or enjoyment of any r____, p____, p____, or I_____, either explicitly or implicitly.
sexual harassment B) an official capacity C) unwelcome sexual advances sexual nature right, privilege, power, or immunity
Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY. (a) An official of a correctional facility, an employee of a correctional facility, a person other than an employee who works for compensation at a correctional facility, a volunteer at a correctional facility, or a peace officer commits an offense if the person _______:
(1) denies or impedes a person in custody in the exercise or enjoyment of any ___, ____, or _____knowing his conduct is unlawful
intentionally
right, privilege, or immunity
Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY. (a) An official of a correctional facility, an employee of a correctional facility, a person other than an employee who works for compensation at a correctional facility, a volunteer at a correctional facility, or a peace officer commits an offense if the person intentionally:
(2) engages in sexual ____, sexual ____, or d_____ sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Youth Commission, employs, authorizes, or induces the individual to engage in _____ or _____
sexual contact, sexual intercourse, or deviate sexual intercourse
sexual conduct or a sexual performance.
Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY.
(d) The _____shall have concurrent jurisdiction with law enforcement agencies to investigate violations of this statute involving _____ or ______.
Attorney General of Texas
Serious bodily injury or death
Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY.
(e) In this section:
(1) “Correctional facility” means:
(A) any place described by Section 1.07(a)(14); or
(B) a “secure correctional facility” or “secure detention facility” as defined by Section 51.02, Family Code.
(2) “Custody” means the ____, _____, or confinement of an adult offender or the detention or the commitment of a juvenile offender to a facility operated by or under a contract with the (TYC)_____or a facility operated by or under contract with a juvenile board.
detention, arrest
Texas Youth Commission
Sec. 39.04. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY.
(5) “Sexual performance” means any performance or part thereof that includes_____by an individual.
(f) An employee of the Texas Department of Criminal Justice, the Texas Youth Commission, or a local juvenile probation department commits an offense if the employee engages in ___, ____, or _____with an individual who the employee knows is _______ of the department, commission, or probation department but not in the custody of the department, commission, or probation department.
(g) An offense under Subsection (f) is a state jail felony.
(h) It is ________to prosecution under Subsection (f) that the actor was the spouse of the individual at the time of the offense.
sexual conduct
sexual contact, sexual intercourse, or deviate sexual intercourse
under the supervision
an affirmative defense
