Penal Code 1 Flashcards
1
Q
The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.
A
Objectives of the Code
2
Q
(A) the deterrent influence of the penalties hereinafter provided;
(B) the rehabilitation of those convicted of violations of this code; and
(C) such punishment as may be necessary to prevent likely recurrence of criminal behavior;
A
Objectives of the Code
3
Q
definition and grading of offenses to give fair warning of what is prohibited and of the consequences of violation;
(3) to prescribe penalties that are proportionate to the seriousness of offenses and that permit recognition of differences in rehabilitation possibilities among individual offenders;
(4) to safeguard conduct that is without guilt from condemnation as criminal
A
Objectives of the Code
4
Q
to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses; and
(6) to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction.
A
Objectives of the code
5
Q
Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute.
A
Effect of the code
6
Q
This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible
A
Territorial Jurisdiction
7
Q
Conduct or a result that is an element of the offense occurs inside the state
A
Territorial Jurisdiction
8
Q
the conduct outside this state constitutes an attempt to commit an offense inside this state
A
Territorial Jurisdiction
9
Q
the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state
A
Territorial Jurisdiction
10
Q
the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.
A
Territorial Jurisdiction
11
Q
If the offense is criminal homicide, a “result” is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred.
A
Territorial Jurisdiction
12
Q
An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense.
A
Territorial Jurisdiction
13
Q
This state includes the land and water and the air space above the land and water over which this state has power to define offenses
A
Territorial Jurisdiction
14
Q
A person attains a specified age on the day of the anniversary of his birthdate.
A
Computation of Age
15
Q
means a bodily movement, whether voluntary or involuntary, and includes speech.
A
Act
16
Q
means a person whose criminal responsibility is in issue in a criminal action. Whenever the term “suspect” is used in this code
A
Actor
17
Q
includes authority, board, bureau, commission, committee, council, department, district, division, and office.
A
Agency
18
Q
alcohol or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either or when diluted
A
Alcoholic beverage
19
Q
a person other than the actor
A
Another
20
Q
government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.
A
Association
21
Q
anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
A
Benefit
22
Q
means physical pain, illness, or any impairment of physical condition.
A
Bodily injury
23
Q
means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code.
A
Civil commitment facility
24
Q
means a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened or another;
(C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold actio
A
Coercion
25
means an act or omission and its accompanying mental state.
Conduct
26
means assent in fact, whether express or apparent.
Consent
27
A substance, including 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, ore the tetrahydrocannabinols in hemp
Controlled Substance
28
nonprofit corporations, professional associations created pursuant to statute, and joint stock companies.
Corporation
29
means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:
(A) a municipal or county jail;
(B) a confinement facility operated by the Texas Department of Criminal Justice;
(C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and
(D) a community corrections facility operated by a community supervision and corrections department.
Correctional facility
30
a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Deadly weapon
31
includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) induced by force, threat, or fraud;
(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 decisions; or
(D) given solely to detect the commission of an offense.
Effective consent
32
means a facility that generates electric energy for distribution to the public.
Electric generating plant
33
The forbidden conduct;
(B) the required culpability;
(C) any required result; and
(D) the negation of any exception to the offense.
Element of offense
34
means an offense so designated by law or punishable by death or confinement in a penitentiary.
Felony
35
the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision.
Government
36
means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
Harm
37
means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
Individual
38
means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute.
Law
39
means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.
Misdemeanor
40
Affirmation
Oath
41
means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
Official Proceeding
42
Failure to act
Omission
43
means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument.
Owner
44
means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law.
Peace Officer
45
means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.
Penal institution
46
means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.
Person
47
means actual care, custody, control, or management.
Possession
48
means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Public place
49
means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.
Public servant
50
"" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
Reasonable belief
51
Regulation
Rule
52
a municipal or county jail; or
(B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice.
Secure correctional facility
53
bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Serious bodily injury
54
means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft.
Sight order
55
Affirm
Swear
56
criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
Unlawful
57
for an individual who is an unborn child, the failure to be born alive.
Death
58
. All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.
PROOF BEYOND A REASONABLE DOUBT
59
An exception to an offense in this code is so labeled by the phrase: "It is an exception to the application of . . . ." The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.
EXCEPTION
60
lies on the prosecution and must be proved beyond reasonable doubt
Exemption
61
A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.
DEFENSE
62
Lies on the defendant and must be proved with some evidence
Defense
63
An affirmative defense in this code is so labeled by the phrase: "It is an affirmative defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.
(c) The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence
Affirmative Defense
64
q person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.
culpable mental state
65
Culpable mental state highest to lowest
(1) intentional;
(2) knowing;
(3) reckless;
(4) criminal negligence.
66
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Intentional
67
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Intentional
68
A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Knowing
69
A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Reckless
70
A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Negligence
71
) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.
Insanity
72
It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
MISTAKE OF FACT
73
It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
(b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:
(1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or
(2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question
MISTAKE OF LAW
74
) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.
(c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section
INTOXICATION
75
Is voluntary intoxication a defense to the commission of a crime?
No
76
means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
Intoxication
77
It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.
(b) In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.
(c) Compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure.
(d) The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.
Duress
78
It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense
Entrapment
79
A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except:
(1) Perjury or aggravated perjury
(2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail
(3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state
(4) a misdemeanor punishable by fine only
(5) a violation of a penal ordinance of a political subdivision
(6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older; or
(7) a capital felony or an offense under Section 19.02 for which the person is transferred to the court under Section 54.02(j)(2)(A), Family Code.
(b) Unless the juvenile court waives jurisdiction under Section 54.02, Family Code, and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution, a person may not be prosecuted for or convicted of any offense committed before reaching 17 years of age except an offense described by Subsections (a)(1)-(5).
(c) No person may, in any case, be punished by death for an offense committed while the person was younger than 18 years.
(d) Notwithstanding Subsection (a), a person may not be prosecuted for or convicted of an offense described by Subsection (a)(4) or (5) that the person committed when younger than 10 years of age.
(e) A person who is at least 10 years of age but younger than 15 years of age is presumed incapable of committing an offense described by Subsection (a)(4) or (5), other than an offense under a juvenile curfew ordinance or order. This presumption may be refuted if the prosecution proves to the court by a preponderance of the evidence that the actor had sufficient capacity to understand that the conduct engaged in was wrong at the time the conduct was engaged in. The prosecution is not required to prove that the actor at the time of engaging in the conduct knew that the act was a criminal offense or knew the legal consequences of the offense.
80
What are offenses?
Felonies and misdemeanors
81
what are the categories of a misdemeanor?
Class A, Class B, Class C
82
An offense designated a misdemeanor in those code without specification as to punishment is a?
Class C misdemeanor
83
What are the categories of a felony?
Capital felony, first degree felony, second degree felony, third degree felony, and state jail felony
84
An offense designated a Felony in those code without specification as to punishment is a?
State jail felony
85
Punishment for Class A misdemeanor
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
86
Punishment for Class B misdemeanor
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
87
Punishment for Class C misdemeanor
punished by a fine not exceed $500
88
Punishment for Capital felonies
States seeking death penalty: death or life without parole
When state is not seeding death penalty: life without parole if individual is 18 or older
Life if individual is younger than 18
89
Punishment for first degree felonies
life or term of not more than 99 years or less than 5 years.
punished by a fine not to exceed $10,000.
90
Punishment for second degree felonies
term of not more than 20 years or less than 2 years.
punished by a fine not to exceed $10,000.
91
Punishment for Third degree felonies
term of not more than 10 years or less than 2 years.
punished by a fine not to exceed $10,000.
92
Punishment for State Jail felonies
term of not more than two years or less than 180 days
punished by a fine not to exceed $10,000.
93
when can a state jail felony turn into a third degree felony?
) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
(2) the individual has previously been finally convicted of any felony:
94
What is criminal attempt?
(a) A person commits an offense if, 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.
(b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
(d) An offense under this section is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.
95
what is criminal conspiracy?
) A person commits criminal conspiracy if, 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.
96
What is criminal solicitation?
(a) A person commits an offense if, 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.
(b) A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation.
97
What type of offense is a conspiracy?
Class A misdemeanor
98
what type of offense is a criminal solicitation?
(1) a felony of the first degree if the offense solicited is a capital offense; or
(2) a felony of the second degree if the offense solicited is a felony of the first degree
99
What is criminal solicitation of a minor?
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.
100
What age is a minor according to criminal solicitation of a minor
younger than 17 years of age
101
When does a person commit criminal homicide?
A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
102
What is criminal homicide?
Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.
103
cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
Adequate cause
104
passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation
Sudden Passion
105
(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; or
(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, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
Murder
106
What offense is murder
an offense under this section is a felony of the first degree.
If the defendant proves the issue by affirmative preponderance of the evidence that murder was caused by immediate influence of sudden passion then the offense is a felony of second degree
107
When is murder a capital murder?
(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;
(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 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 murder offense, murders another; or
(B) while serving a sentence of life imprisonment or a term of 99 years for an offense
(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.
108
What type of offense is capitol murder?
Capitol Felony
judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense
109
What is manslaughter?
A person commits an offense if he recklessly causes the death of an individual.
110
What type of offense is manslaughter?
(b) An offense under this section is a felony of the second degree.
111
What is criminal negligence?
A person commits an offense if he causes the death of an individual by criminal negligence.
112
what type of offense is criminal negligence?
state jail felony
113
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
114
How is restraint accomplished by?
(A) force, intimidation, or deception; or
(B) any means, including acquiescence of the victim, if:
(i) the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or
(ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.
115
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
116
means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
Relative
117
means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code
Person
118
means a human being who has been born and is alive.
Individual
119
an agent of the United States Department of Homeland Security.
Special inverstigator
120
A person commits an offense if he intentionally or knowingly restrains another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child younger than 14 years of age;
(2) the actor was a relative of the child; and
(3) the actor's sole intent was to assume lawful control of the child.
Unlawful restraint
121
what type of offense is unlawful restraint?
Class A misdemeanor or:
a state jail felony if the person restrained was a child younger than 17 years of age;
(2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;
(B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
(C) the actor while in custody restrains any other person; or
(3) notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.
122
) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actor's sole intent was to assume lawful control of the victim.
Kidnapping
123
what type of offense is kidnapping
Third degree felony
124
. (a) A person commits an offense 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.
AGGRAVATED KIDNAPPING
125
What type of offense is AGGRAVATED KIDNAPPING?
felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
126
. (a) A person commits an offense 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.
Smuggling of a person
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What type of offense is smuggling of a person?
) An offense under this section is a felony of the third degree, except that the offense is:
(1) a felony of the second degree if:
(A) the actor commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death;
(B) the smuggled individual is a child younger than 18 years of age at the time of the offense;
(C) the offense was committed with the intent to obtain a pecuniary benefit;
(D) during the commission of the offense the actor, another party to the offense, or an individual assisted, guided, or directed by the actor knowingly possessed a firearm; or
(E) the actor commits the offense under Subsection (a)(1)(B); or
(2) a felony of the first degree if:
(A) it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, as defined by Section 22.011, or aggravated sexual assault, as defined by Section 22.021; or
(B) the smuggled individual suffered serious bodily injury or death.
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means a person younger than 18 years of age
Child
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means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means
Traffic
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(a) A person commits an offense 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 with the intent that the trafficked child 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 and by any means causes the trafficked child 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 trafficked in the manner described in Subdivision (7).
Trafficking of persons
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What offense is Trafficking?
Except as otherwise provided by this subsection and Subsection (b-1), an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if:
(1) the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8), regardless of whether the actor knows the age of the child at the time of the offense;
(2) the commission of the offense results in the death of the person who is trafficked;
(3) the commission of the offense results in the death of an unborn child of the person who is trafficked; or
(4) the actor recruited, enticed, or obtained the victim of the offense from a shelter or facility operating as a residential treatment center that serves runaway youth, foster children, the homeless, or persons subjected to human trafficking, domestic violence, or sexual assault.
(b-1) An offense under this section is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 25 years if it is shown on the trial of the offense that the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the premises of a school; or
(2) on premises or within 1,000 feet of premises where:
(A) an official school function was taking place; or
(B) an event sponsored or sanctioned by the University Interscholastic League was taking place.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(d) If the victim of an offense under Subsection (a)(7)(A) is the same victim as a victim of an offense under Section 21.02, a defendant may not be convicted of the offense under Section 21.02 in the same criminal action as the offense under Subsection (a)(7)(A) unless the offense under Section 21.02:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense alleged under Subsection (a)(7)(A) was committed; or
(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a)(7)(A).
Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1, 2003.
Amended by:
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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
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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
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means any penetration of the female sex organ by the male sex organ
Sexual intercourse
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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
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A person commits an offense 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.
Public Lewdness
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What type of offense is public lewdness?
An offense under this section is a Class A misdemeanor
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(a) A person commits an offense 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.
Indecent Exposure
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What type of offense is indecent exposure?
Class B misdemeanor
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What type of offense is indecency with a child?
Third degree felony
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a) A person commits an offense 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.
Indecency with a child
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(a) 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
IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT
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What type of offense is IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT
second degree felony
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) A person commits an offense 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).
INVASIVE VISUAL RECORDING.
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What type of offense is INVASIVE VISUAL RECORDING?
offense under this section is a state jail felony
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A person commits an offense 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
(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.
UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL.
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What type of offense is UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL.?
State jail felony
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(a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes 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.
Voyeurism
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what type of offense is voyeurism?
an offense under this section is a Class C misdemeanor.
(c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.
(d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.
