Penal Code 10 Flashcards
“_____________” means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.
Deadly force
A person commits this offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
PC 49.02.
PUBLIC INTOXICATION
A person commits this offense 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.
* *POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE.**
“Public highway” means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway.
A person commits this offense if the person is intoxicated while operating a motor vehicle in a public place.
- 04.
* *DRIVING WHILE INTOXICATED**
A person commits this offense if the person is intoxicated while operating a motor vehicle in a public place; and the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
* *DRIVING WHILE INTOXICATED WITH CHILD PASSENGER**
** 15 years of age **
A person commits this offense if the person is intoxicated while operating an aircraft.
(Not in 2020 study material)
49.05.
FLYING WHILE INTOXICATED
A person commits this offense if the person is intoxicated while operating a watercraft.
(Not in 2020 study material)
49.06.
BOATING WHILE INTOXICATED
A person commits this offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride.
(Not in 2020 study material)
49.065.
ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED
A person commits this offense if the person, by accident or mistake 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 as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
* *INTOXICATION ASSAULT**
In this section, “serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
A person commits this offense if the person operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
- 08.
* INTOXICATION MANSLAUGHTER*
Sec. 49.11. For DWI RELATED OFFENSES:
PROOF OF MENTAL STATE UNNECESSARY. (a) Notwithstanding Section 6.02(b), proof of a culpable mental state _____ required for conviction of an offense under this chapter.
(Not in 2020 study material)
is not
(culpable mental states are : intentionally, knowingly, recklessly, or criminal negligence — ought to be aware…)
A person commits this offense if, without the effective consent of the owner:
He intentionally or knowingly damages or destroys the tangible property of the owner; 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 He intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
PC 28.03. CRIMINAL MISCHIEF
Felonies start at $2,500 or more
PENAL CODE
TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY SUBCHAPTER A. GENERAL PROVISIONS.
Sec.A9.02. JUSTIFICATION AS A DEFENSE.
It is a _________________ that the conduct in question is justified under this chapter.
defense to prosecution
i.e. Justifiable Homicides / Assaults
PENAL CODE
Sec. 9.02. JUSTIFICATION AS A DEFENSE.
It is a ____________ that the conduct in question is justified under this chapter.
defense to prosecution
PENAL CODE
Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE.
Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been _________________.
arrested for an offense.
Sec. 9.04. THREATS AS JUSTIFIABLE FORCE.
The threat of force is justified when the use of force is justified by this chapter.
For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor’s purpose is limited to __________ that he will use deadly force if necessary, does not constitute the use of deadly force.
creating an apprehension
Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON.
Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is ___________ in a prosecution for the reckless injury or killing of the innocent third person.
unavailable
Sec. 9.06. CIVIL REMEDIES UNAFFECTED.
The fact that conduct is justified under this chapter ________ abolish or impair any remedy for the conduct that is available in a civil suit.
does not
Sec. 9.21. PUBLIC DUTY.
(a) Except as qualified by Subsections (b) and (c), conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process.
(b). The other sections of this chapter control when force is used against a person to:
protect persons (Subchapter C),
to protect property (Subchapter D),
for law enforcement (Subchapter E), or
by virtue of a special relationship (Subchapter F).
(c). The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war.
If deadly force is so justified, there is __________.
(d) . The justification afforded by this section is available if the actor reasonably believes:
(1) the court or governmental tribunal has jurisdiction or the process is lawful, even though the court or governmental tribunal lacks jurisdiction or the process is unlawful; or
(2) His conduct is required or authorized to assist a public servant in the performance of his official duty, even though the servant exceeds his lawful authority.
no duty to retreat before using it.
9.22. NECESSITY.
Conduct is justified if:
(1). The actor reasonably believes the conduct is
immediately necessary to ___________;
(2) . The desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) . A legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.
avoid imminent harm
Sec. 9.31. SELF-DEFENSE.
(a) Except as provided in Subsection (b),
a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.
The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1). Knew or had reason to believe that the person against whom the force was used:
(A). Unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied **habitation, **vehicle, or **place of business or employment;
(B). unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or
(C). Was committing or attempting to commit **aggravated kidnapping, **murder, **sexual assault, **aggravated sexual assault, **robbery, or **aggravated robbery;
(2). Did not provoke the person against whom the force was used; and
(3). Was not otherwise engaged in criminal activity,
other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(b). The use of force against another is not justified: (1). In response to verbal provocation alone;
(2). To resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer’s presence and at his direction, **even though the arrest or search is unlawful, *unless the resistance is justified under Subsection (c);
(3). If the actor consented to the exact force used or attempted by the other;
(4). If the actor provoked the other’s use or attempted use of unlawful force, unless:
(A). The actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
(B). The other nevertheless continues or attempts
to use unlawful force against the actor; or
(5). If the actor sought an explanation from or discussion with the other person concerning the actor’s differences with the other person while the actor was:
(A). carrying a weapon in violation of Section
46.02; or
(B). possessing or transporting a weapon in violation of Section 46.05.
(c) . The use of force to resist an arrest or search is justified:
(1) . If, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) . When and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer’s (or other person’s) use or attempted use of greater force than necessary.
(d) . The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.
(e) . A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.
(f) . For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.
(a) A person is justified in using deadly force against another:
(1). If the actor would be justified in using force against the other under Section 9.31; and
(2). when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A). To protect the actor against the other’s use or attempted use of unlawful deadly force; or
(B). To prevent the other’s imminent commission of *aggravated kidnapping, *murder, *sexual assault, *aggravated sexual assault, *robbery, or *aggravated robbery.
(b). The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1). Knew or had reason to believe that the person against whom the deadly force was used:
(A). unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied *habitation, *vehicle, or *place of business or employment;
(B). Unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s *habitation, *vehicle, or *place of business or employment; or
(C). Was committing or attempting to commit an
offense described by Subsection (a)(2)(B); aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or
aggravated robbery
(2). Did not provoke the person against whom the force was used; and
(3). Was not otherwise engaged in criminal activity,
other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(c). A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d). For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat
Sec. 9.33. DEFENSE OF THIRD PERSON.
A person is justified in using force or deadly force against another to protect a third person if:
(1) . Under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
(2) . The actor reasonably believes that his intervention is ___________ to protect the third person.
immediately necessary
Sec. 9.34. PROTECTION OF LIFE OR HEALTH.
(a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.
(b). A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other’s life in an emergency.
Sec. 9.41. PROTECTION OF ONE’S OWN PROPERTY.
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary
* *to prevent or terminate the other’s trespass on the land or
* *unlawful interference with the property.
(b) . A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to **reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) . The actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) . The other accomplished the dispossession by using force, threat, or fraud against the actor.
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1). If he would be justified in using force against the other under Section 9.41; and
(2). When and to the degree he reasonably believes the deadly force is immediately necessary:
(A). To prevent the other’s imminent commission of arson, *burglary, *robbery, *aggravated robbery, *theft during the nighttime, or *criminal mischief during the nighttime; or
(B). To prevent the other who is fleeing immediately after committing _________________;
from escaping with the property and
(3). He reasonably believes that:
(A). The land or property cannot be protected or
recovered by any other means; or
(B). The use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
burglary,
robbery,
aggravated robbery, or
theft during the nighttime
Sec. 9.43.
PROTECTION OF THIRD PERSON’S PROPERTY.
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1). The actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2). The actor reasonably believes that:
(A). The third person has requested his protection
of the land or property;
(B). He has a legal duty to protect the third
person’s land or property; or
(C). The third person whose land or property he
uses force or deadly force to protect is the actor’s spouse, parent, or child, resides with the actor, or is under the actor’s care.
Sec. 9.44. USE OF DEVICE TO PROTECT PROPERTY.
The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:
(1). The device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury; and
(2). Use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device.
Sec. 9.51. ARREST AND SEARCH.
(a) A peace officer, or a person acting in a peace officer’s presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if:
(1) . The actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and
(2) . Before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer’s direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested.
(b) . A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.
(c) . A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Subsection (a) and:
(1) . The actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or
(2) . The actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the actor or another if the arrest is delayed.
(d) . A person other than a peace officer acting in a peace officer’s presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and:
(1) . The actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or
(2) . The actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed.
(e) . There is no duty to retreat before using deadly force justified by Subsection (c) or (d).
(f) . Nothing in this section relating to the actor’s manifestation of purpose or identity shall be construed as conflicting with any other law relating to the issuance, service, and execution of an arrest or search warrant either under the laws of this state or the United States.
(g) . Deadly force may only be used under the circumstances enumerated in Subsections (c) and (d).
Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY.
The use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.
Sec. 9.53. MAINTAINING SECURITY IN CORRECTIONAL FACILITY.
An officer or employee of a correctional facility is justified in using force against a person in custody when and to the degree the officer or employee reasonably believes the force is necessary to maintain the security of the correctional facility, the safety or security of other persons in custody or employed by the correctional facility, or his own safety or security.
Sec. 9.61. PARENT-CHILD.
(a) The use of force, but not deadly force, against a child younger than 18 years is justified:
(1) . If the actor is the child’s parent or stepparent or is acting in loco parentis to the child; and
(2) . When and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
(b) . For purposes of this section, “in loco parentis” includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.
Sec. 9.62. EDUCATOR-STUDENT.
The use of force, but not deadly force, against a person is justified:
(1). If the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and
(2). When and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.
Sec. 9.63. GUARDIAN-INCOMPETENT.
The use of force, but not deadly force, against a mental incompetent is justified:
(1). If the actor is the incompetent’s guardian or someone similarly responsible for the general care and supervision of the incompetent; and
(2). When and to the degree the actor reasonably believes the force is necessary:
(A). To safeguard and promote the incompetent’s
welfare; or
(B). If the incompetent is in an institution for his care and custody, to maintain discipline in the institution.
Sec. 19.01. TYPES OF CRIMINAL HOMICIDE.
(a) A person commits criminal homicide if he *intentionally, *knowingly, recklessly, or with
* criminal negligence causes the death of an individual.
(b). A Criminal homicide is:
capital murder
murder
manslaughter
criminally negligent homicide
Sec. 19.02. ____________
(b) . A person commits this offense if he:
(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.
(d). At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of
sudden passion arising from an adequate cause.
The defendant must prove the issue in the affirmative by a preponderance of the evidence.
MURDER.
(a) In this section:
(1) . “Adequate cause” means 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.
(2) . “Sudden passion” means 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.
Sec. 19.03. ______________
(a). A person commits this offense if the person commits MURDER as defined under Section 19.02(b). 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.
(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 of MURDER or Capital Murder murders another;
(B). While serving a sentence of life imprisonment or a term of 99 years for an offense of 20.04 Aggravated Kidnapping, 22.021 Aggravated Sexual Assault , or 29.03 Aggravated Robbery, murders another;
(7). The person murders more than one person:
(A). during the same criminal transaction (killing spree); or
(B). during different criminal transactions but
the murders are committed pursuant to the same scheme or course of conduct (serial killing);
(8) . The person murders an individual under
* 10 years of. age; or
(9) . 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.
(c). If the jury or, when authorized by law, the 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.
CAPITAL MURDER.
Sec. 19.04. __________________.
(a) A person commits this offense if he recklessly causes the death of an individual.
MANSLAUGHTER
Sec. 19.05. _________________
(a) A person commits this offense if he causes the death of an individual by criminal negligence.
CRIMINALLY NEGLIGENT HOMICIDE.
Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT.
This chapter _______ apply to the death of an unborn child if the conduct charged is:
(1) . Conduct committed by the mother of the unborn child; (attempted suicide)
(2) . A lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the death of the unborn child was the intended result of the procedure; (abortion)
(3) . A lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; (oops) or
(4) . The dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. (The day after pill)
does not
Sec. 20.01. DEFINITIONS.
In this chapter:
(1). “Restrain” 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 is “without consent” if it is 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.
(2). “Abduct” 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
(3). “Relative” means:
a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
(4). “Person” means:
an individual, corporation, or. association.
(5). Notwithstanding Section 1.07,
“individual” means:
a human being who has been born and is alive.
Sec. 20.02. ________________.
(a) A person commits this 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
(d). It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested.
(e) . It is an affirmative defense to prosecution under this section that:
(1) . The person restrained was a child who is 14 years of age or older and younger than 17 years of age;
(2) . The actor does not restrain the child by force, intimidation, or deception; and
(3) . The actor is not more than three years older than the child.
Sec.A20.03. _____________.
A person commits this offense if he intentionally or knowingly abducts another person.
It is an affirmative defense to prosecution under this section that:
The abduction was not coupled with intent to use or to threaten to use deadly force;
The actor was a relative of the person abducted;
and the actor’s sole intent was to assume lawful control of the victim.
KIDNAPPING.
Sec. 20.04. ____________________.
A person commits this offense if he intentionally or knowingly abducts another person with the intent to:
- Hold him for ransom or reward;
- Use him as a shield or hostage;
- Facilitate the commission of a felony or the flight after the attempt or commission of a felony;
- Inflict bodily injury on him or violate or abuse him sexually;
- Terrorize him or a third person; or
- Interfere with the performance of any governmental or political function.
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.
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.
AGGRAVATED KIDNAPPING
Sec. 20.05. ________________.
A person commits an offense if the person, with the intent to obtain a pecuniary benefit, knowingly:
uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to conceal the individual from a peace officer or special investigator;
or flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor;
or 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.
SMUGGLING OF PERSONS (Han Solo)
It is an affirmative defense to prosecution of an offense under this section that the actor is related to the smuggled individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity, except when the actor commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death or a smuggled individual became a victim of sexual assault or aggravated sexual assault.
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.
Sec. 20.06. _______________________
A person commits this offense if, during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes the offense 20.05 - SMUGGLING OF PERSONS.
CONTINUOUS SMUGGLING OF PERSONS.
If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted the offense of SMUGGLING OF PERSONS or on which exact date the defendant engaged in that conduct. The Jury must agree unanimously that the defendant, during a period that is 10 or more days in duration, engaged two or more times in conduct that constitutes the offense of SMUGGLING OF PERSONS for a conviction of CONTINUOUS SMUGGLING OF PERSONS.
same victim as a victim of an offense — a defendant may not be convicted of the offense — in the same criminal action and is considered by the trier of fact to be a lesser included offense of the offense alleged.
A defendant may not be charged with more than one count if alleged to have been committed against the same victim.
CHAPTER 20A. TRAFFICKING OF PERSONS
Sec. 20A.01. DEFINITIONS.
In this chapter:
“Forced labor or services” means:
labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person and obtained through an actor’s use of force, fraud, or coercion.
“Traffic” means:
to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.
“Child” means:
a person younger than 18 years of age.
Sec. 20A.02. __________________.
A person commits this offense if the person knowingly:
traffics another person with the intent that the trafficked person engage in forced labor or services;
receives a benefit from participating in a venture that involves any illegal activities of 43.02 (Prostitution); 43.03 (Promotion of Prostitution); 43.04 (Aggravated Promotion of Prostitution); or 43.05 (Compelling Prostitution); including receiving labor or services the person knows are forced labor or services;
traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:
- 02 (Prostitution);
- 03 (Promotion of Prostitution);
- 04 (Aggravated Promotion of Prostitution); or
- 05 (Compelling Prostitution);
receives a benefit from participating in a venture that involves an activity described above or engages in sexual conduct with a person trafficked as described above.
traffics a child with the intent that the trafficked child engage in forced labor or services;
receives a benefit from participating in a venture of trafficking a child with the intent that the trafficked child engage in forced labor or service including by receiving labor or services the person knows are forced labor or services;
traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by:
- 02 Continuous Sexual Abuse of Young Child or Children
- 11 (Indecency with a Child);
- 011 (Sexual Assault);
- 021 (Aggravated Sexual Assault);
- 02 (Prostitution);
- 03 (Promotion of Prostitution);
- 04 (Aggravated Promotion of Prostitution);
- 05 (Compelling Prostitution);
- 25 (Sexual Performance by a child)
- 251 (Employment Harmful to children)
- 26 (Possession or Promotion of Child Pornography);
receives a benefit from participating in a venture that involves an activity as described Above or engages in sexual conduct with a child trafficked in the manner described above.
“coercion” includes destroying, concealing, confiscating, or withholding from the trafficked person, or threatening to destroy, conceal, confiscate, or withhold from the trafficked person, the trafficked person’s actual or purported government records or identifying information or documents.
TRAFFICKING OF PERSONS (Taken)
regardless of whether the actor knows the age of the child at the time of the offense.
20A.04. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY.
A party to an offense under this chapter may be required to provide evidence or testify about the offense.
A party to an offense under this chapter may not be prosecuted for any offense about which the party is required to provide evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury.
For purposes of this subsection, “adjudicatory proceeding” means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.
A conviction under this chapter may be had on the uncorroborated testimony of a party to the offense.
CHAPTER 21. SEXUAL OFFENSES
Sec.A21.01.AADEFINITIONS.
In this chapter:
“Sexual intercourse” means:
any penetration of the female sex organ by the male sex organ.
“Spouse” means:
a person to whom a person is legally married
“Sexual contact” means,
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 that is not considered to be Deviate Sexual Intercourse.
“Deviate sexual intercourse” means:
any contact between any part of the genitals of one person and the mouth or anus of another person; or the penetration of the genitals or the anus of another person with an object.
21.02. ___________________________.
A person commits an offense if:
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
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 child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.
If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed.
The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.
A defendant may not be convicted in the same criminal action of an offense listed where the victim of which is the same victim as a victim of the offense alleged unless the offense listed:
Is charged in the alternative;
Occurred outside the period in which the offense alleged was committed; or
Is considered by the trier of fact to be a lesser included offense of the offense.
A defendant may not be charged with more than one count, if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim.
It is an affirmative defense to prosecution under this section that the actor:
Was not more than five years older than:
The victim of the offense, if the offense is
alleged to have been committed against only one victim; or
The youngest victim of the offense, if the offense is alleged to have been committed against more than one victim;
Did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and
At the time of the commission of any of the acts of sexual abuse alleged as an element of the offense:
Was not required to register for life as a sex offender;
or
Was not a person, who had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse.
CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN
“Child” means a person younger than 17 years of age
21.06. HOMOSEXUAL CONDUCT.
A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.
21.06. HOMOSEXUAL CONDUCT
was declared unconstitutional by
“Lawrence v. Texas”, 123 S.Ct. 2472.
“Lawrence what, of Arabia?”
“Only steers and queers come from TEXAS…” FMJ
21.07. ___________________.
A person commits this 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:
Act of sexual intercourse;
Act of deviate sexual intercourse; or
Act of sexual contact.
PUBLIC LEWDNESS
1.08. ____________________.
A person commits this 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
“ Not simply shitting or pissing in public “
21.09. _____________.
A person commits an offense if the person knowingly:
Engages in an act involving contact between:
The person’s mouth, anus, or genitals and the
anus or genitals of an animal; or
The person’s anus or genitals and the mouth
of the animal;
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;
Causes an animal to contact the seminal fluid of
the person;
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;
Possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct listed above.
Organizes, promotes, conducts, or participates as an observer of conduct described above.
Causes a person to engage or aids a person in engaging in conduct described above.
Permits conduct described above to occur on any premises under the person’s control;
Engages in conduct described above in the presence of a child younger than 18 years of age; or
Advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for the conduct described above.
BESTIALITY
“Chicken Fucker”
Sec.A21.11. ____________________.
A person commits this 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:
Engages in sexual contact with the child or causes the child to engage in sexual contact; or
With intent to arouse or gratify the sexual desire of any person:
Exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
Causes the child to expose the child’s anus or any part of the child’s genitals.
It is an affirmative defense to prosecution under this section that the actor:
Was not more than three years older than the victim and of the opposite sex;
Did not use duress, force, or a threat against the victim at the time of the offense; and
At the time of the offense:
Was not required to register for life as a sex offender; or was not a person who had a reportable conviction or adjudication for an offense under this section.
It is an affirmative defense to prosecution under this
section that the actor was the spouse of the child at the time of the offense. (only in Waco)
Any touching by a person, including touching
through clothing, of the anus, breast, or any part of the genitals of a child; or
Any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
INDECENCY WITH A CHILD
Any touching by a person, including touching
through clothing, of the anus, breast, or any part of the genitals of a child; or
Any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
“Child” means a person younger than 17 years of age
21.12. ____________________.
An employee of a public or private primary or secondary school commits an offense if the employee:
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;
Holds a position described by The 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:
Enrolled in a public or private primary or secondary school, other than the spouse of the enrolled person at the time of the offense.
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
Regardless of the age of that person.
It is an affirmative defense to prosecution under this section that:
The actor was the spouse of the enrolled person at the time of the offense; or
The actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor’s employment at a public or private primary or secondary school.
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 both sections.
The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator
- *may not** be released to the public and is
- *not public information**.
21.15. _____________________.
In this section:
“Female breast” means:
any portion of the female breast below the top of the areola.
“Intimate area” means:
the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
“Changing room” means:
a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.
A person commits this offense if, without the other
person’s consent and with intent to invade the privacy of the other person, the person:
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;
photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room;
or
knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission of an intimate area of another person that had a reasonable expectation that the intimate area is not subject to public view to include from a bathroom or changing room.
INVASIVE VISUAL RECORDING
If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person’s consent under that subdivision.
21.16. __________________.
*A person commits this offense if:
Without the effective consent of the depicted
person, the person intentionally discloses visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct;
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;
The disclosure of the visual material causes harm to the depicted person; and the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:
Any accompanying or subsequent information or material related to the visual material; or
Information or material provided by a third party in response to the disclosure of the visual material.
**A person commits this 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:
In return for not making the disclosure; or
In connection with the threatened disclosure.
**A person commits this offense if, knowing the character and content of the visual material, the person promotes visual material on an Internet website or other forum for publication that is owned or operated by the person.
It is not a defense to prosecution under this section
that the depicted person:
Created or consented to the creation of the visual
material; or
Voluntarily transmitted the visual material to the
actor. (Sexting)
It is an affirmative defense to prosecution under
Subsection that:
The disclosure or promotion is made in the course
Of any lawful and common practices of law enforcement or medical treatment;
reporting unlawful activity; or
a legal proceeding, if the disclosure or promotion is permitted or required by law;
the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person’s voluntary exposure of:
The person’s intimate parts; or
The person engaging in sexual conduct; or
The actor is an interactive computer service and the disclosure or promotion consists of visual material provided by another person.
If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL
“Intimate parts” means:
the naked genitals, pubic area, anus, buttocks, or female nipple of a person.
“Promote” means:
to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.
“Sexual conduct” means:
sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.
“Simulated” means:
the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.
“Visual material” means:
any film, photograph, videotape, negative,
or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.
21.17. _____________________.
A person commits this 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.
If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
VOYEURISM
Peeping Tom — Back to the Future
21.18. ________________.
A person commits this offense if the person intentionally threatens, including by coercion or extortion, to commit an offense of:
Chapter 43, Public indecency 20A. Trafficking of Persons 21.16 and other sexual offenses 22.011. Sexual Assault 22.021. Aggravated Sexual Assault
to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:
intimate visual material;
an act involving sexual conduct causing arousal or gratification; or
a monetary benefit or other benefit of value.
A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under
Chapter 19 criminal homicide
20 kidnapping, unlawful restraint, or smuggling of persons
Section 20A.02 Trafficking of Persons
to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:
intimate visual material; or
an act involving sexual conduct causing arousal or gratification.
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.
SEXUAL COERCION
Sec. 22.01. _________.
A person commits this offense if the person:
Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
Intentionally or knowingly threatens another with imminent bodily injury, including the person ’s spouse; or
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.
The offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth;
The offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant or in retaliation for or on account of the participant’s performance of a duty or responsibility within the participant’s capacity as a sports participant.
ASSAULT
”Emergency services personnel” includes
firefighters, emergency medical services personnel, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations. The actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a *distinctive uniform or badge indicating the person’s employment as a public servant or status as a security officer or emergency services personnel.
“Security officer” means a commissioned security officer or a registered noncommissioned security officer.
22.011. __________________.
A person commits this offense if:
the person intentionally or knowingly:
Causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; (fucks a person without that person’s consent)
Causes the penetration of the mouth of another person by the sexual organ of the actor, without that
person’s consent; or
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;
Regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly causes the penetration of the anus or sexual organ of a child by any means
Causes the penetration of the mouth of a child by the sexual organ of the actor or causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
Causes the anus of a child to contact the
mouth, anus, or sexual organ of another person, including the actor; or
Causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
Sexual assault is without the consent of the other person if:
The actor compels the other person to submit or participate by the use of physical force, violence, or coercion;
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;
The other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
The actor knows that as a result of mental disease or defect the other person, at the time of the sexual assault, is incapable either of appraising the nature of the act or of resisting it;
The other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
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;
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;
The actor is a public servant who coerces the other
person to submit or participate;
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;
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; or
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.
SEXUAL ASSAULT
“Child” means a person younger than 17 years of age.
“Spouse” means a person who is legally married to
“Health care services provider” means:
A licensed physician, A licensed chiropractor, A licensed physical therapist, A licensed physician assistant, a registered nurse, a vocational nurse, or an advanced practice nurse,
“Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a licensed: social worker chemical dependency counselor professional counselor marriage and family therapist member of the clergy; psychologist offering psychological services special officer for mental health
affirmative defense to prosecution:
that the actor was the spouse of the child at the time of the offense (only in Waco, Texas)
The actor was not more than three years older
than the victim and at the time of the offense
AND …
the actor was not required to register for life as a sex offender; or was not a person who had a reportable conviction or adjudication for an offense of sexual assault.
the victim was a child of 14 years of age or older
The victim was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married.
( - PROHIBITED SEXUAL CONDUCT - )
The actor’s ancestor or descendant by blood or adoption;
The actor ’s current or former stepchild or stepparent
The actor’s parent’s brother or sister of the whole or half blood;
The actor’s brother or sister of the whole or half blood or by adoption;
The children of the actor’s brother or sister of the whole or half blood or by adoption;
The son or daughter of the actor’s aunt or uncle of the whole or half blood or by adoption.
22.02. ________________.
A person commits this offense if the person commits assault and the person:
Causes serious bodily injury to another, including the person’s spouse; or
Uses or exhibits a deadly weapon during the commission of the assault.
AGGRAVATED ASSAULT
22.021. _________________.
A person commits this offense if the person intentionally or knowingly:
Causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
Causes the penetration of the mouth of another person by the sexual organ of the actor, without that
person’s consent; or
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
Regardless of whether the person knows the age of the child at the time of the offense, intentionally or
knowingly:
Causes the penetration of the anus or sexual organ of a child by any means;
Causes the penetration of the mouth of a child by the sexual organ of the actor;
Causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
Causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
Causes the mouth of a child to contact the anus or sexual organ of another person, including the actor;
AND the person:
Causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
By acts or words places the victim in fear that any person will become the victim of an offense of
20A.02 Trafficking of persons or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
By acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under 20A.02 Trafficking of Persons or to cause the death, serious bodily injury, or kidnapping of any person;
Uses or exhibits a deadly weapon in the course of the same criminal episode;
Acts in concert with another who engages in conduct of sexual assault (gang rape) directed toward the same victim and occurring during the course of the same criminal episode; or
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;
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
The victim is an elderly individual (65 and older) or a disabled individual.
AGGRAVATED SEXUAL ASSAULT
Serious bodily injury
Uses or exhibits a deadly weapon
Victim is younger than 14 years of age
“Disabled individual” 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.
“Elderly individual” means:
a person 65 years of age or older.
Gang Rape
Makes certain threats (i.e. kidnapping a family member for future Trafficking of persons - prostitution)
22.04. _________________.
A person commits this offense 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:
Serious bodily injury;
Serious mental deficiency, impairment, or injury;
Bodily injury.
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:
Serious bodily injury;
Serious mental deficiency, impairment, or injury;
Bodily injury.
An omission that causes, Serious bodily injury;
Serious mental deficiency, impairment, or injury;
Bodily injury, is conduct constituting an offense under this section if:
The actor has a legal or statutory duty to act; or
The actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.
INJURY TO A CHILD, ELDERLY INDIVIDUAL,
OR DISABLED INDIVIDUAL
“Child” means a person 14 years of age or younger.
“Elderly individual” means a person 65 years of
age or older.
“Disabled individual” means a person with one or more of the following:
Autism spectrum disorder, Developmental disability, Intellectual disability, Severe emotional disturbance, Traumatic brain injury, Mental illness,
who otherwise 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.
A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections.
22.041. _______________
A person commits this offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.
A person commits this offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.
It is presumed that a person engaged in conduct that places a child, younger than 15 years, in imminent danger of death, bodily injury, or physical or mental impairment if:
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;
The person’s conduct related to the proximity or
accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child’s blood, urine, or other bodily substance indicates the presence of methamphetamine in the child’s body; or
The person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in
** Penalty Group 1 **, Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance.
ABANDONING OR ENDANGERING CHILD.
“abandon” means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.
It is a defense to prosecution that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event.
It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider.
22.05. ________________.
A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
A person commits an offense if he knowingly discharges a firearm at or in the direction of:
one or more individuals; or
a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
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.
DEADLY CONDUCT
Just pointed a firearm without making any threats etc.
(Not Terroristic Threats, an Aggravated Assault, or an Aggravated Robbery)
22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT.
The victim’s effective consent or the actor’s reasonable belief that the victim consented to the actor’s conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:
The conduct did not threaten or inflict serious bodily injury;
The victim knew the conduct was a risk of:
His occupation;
Recognized medical treatment; OR
A scientific experiment conducted by recognized methods.
The defense to prosecution provided is not available to a defendant who commits an offense as a condition of the defendant’s or the victim’s initiation or continued membership in a criminal street gang.
22.07. ______________________.
A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
place any person in fear of imminent serious bodily injury;
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;
cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
place the public or a substantial group of the public in fear of serious bodily injury; or
influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
TERRORISTIC THREAT
22.08. ____________.
A person commits this offense 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.
AIDING SUICIDE
22.09. ______________
A person commits this offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another.
A person commits an offense 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.
TAMPERING WITH CONSUMER PRODUCT
“Consumer Product” means:
any product offered for sale to or for consumption by the public and includes “food” and “drugs”.
(Food and drugs includes drinkable substances)
“Tamper” 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.
22.10. ___________________.
A person commits this offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than (5) five minutes, knowing that the child is:
- younger than (7) seven years of age*; and not attended by an individual in the vehicle who is
- (14) fourteen years of age or older.
LEAVING A CHILD IN A VEHICLE
An offense under this section is a
Class C misdemeanor (Just FYI)
22.11. ________________________
A person commits this offense if, with the intent to assault, harass, or alarm, the person:
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;
While committed to a civil commitment facility,
causes:
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:
While the officer or employee is lawfully discharging an official duty at a civil commitment facility; or
In retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or
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:
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
In retaliation for or on account of the person’s or employee’s performance of a service within the scope of the contract; or
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.
The actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant.
HARASSMENT BY PERSONS IN CERTAIN FACILITIES;
HARASSMENT OF PUBLIC SERVANT.
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.
The actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant.
1.07. Definitions
“Public servant” 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:
an officer, employee, or agent of government;
a juror or grand juror;
an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;
an attorney at law or notary public when participating in the performance of a governmental function;
a candidate for nomination or election to public office;
a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.
22.12.
APPLICABILITY TO CERTAIN CONDUCT.
This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is:
Committed by the mother of the unborn child;
A lawful medical procedure performed by a physician or other health care provider with the requisite consent;
A lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction
The dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.
25.01. ____________.
An individual commits this offense if he is legally married and he:
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
lives with a person other than his spouse in this state under the appearance of being married; or
he knows that a married person other than his spouse is married and he:
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
lives with that person in this state under the appearance of being married.
BIGAMY
“under the appearance of being married” means:
holding out that the parties are married with cohabitation and an intent to be married by either party.
It is a defense to prosecution that the actor reasonably believed at the time of the commission of the offense that the actor and the person whom the actor married or purported to marry or with whom the actor lived under the appearance of being married were legally eligible to be married because the actor’s prior marriage was void or had been dissolved by death, divorce, or annulment.
or
an actor’s belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court.
For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage.
25.02 ______________________.
A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:
The actor’s ancestor or descendant by blood or adoption;
The actor ’s current or former stepchild or stepparent
The actor’s parent’s brother or sister of the whole or half blood;
The actor’s brother or sister of the whole or half blood or by adoption;
The children of the actor’s brother or sister of the whole or half blood or by adoption;
The son or daughter of the actor’s aunt or uncle of the whole or half blood or by adoption.
PROHIBITED SEXUAL CONDUCT
“Deviate sexual intercourse” 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.
Sexual intercourse” means:
any penetration of the female sex organ by the male sex organ.
25.03. ____________________.
A person commits this offense if the person takes or retains a child younger than 18 years of age:
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;
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
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.
A noncustodial parent commits this 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.
INTERFERENCE WITH CHILD CUSTODY.
S.J. Felony
It is a defense to prosecution under that the actor returned the child to 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, within three days after the date of the commission of the offense.
It is an affirmative defense to prosecution that:
The taking or retention of the child was pursuant to a valid order providing for possession of or access to the child; or
notwithstanding any violation of a valid order providing for possession of or access to the child, the actor’s retention of the child was due only to circumstances beyond the actor’s control and the actor promptly provided notice or made reasonable attempts to provide notice of those circumstances to the other person entitled to possession of or access to the child.
does not apply if, at the time of the offense, the person taking or retaining the child was entitled to possession of or access to the child and was fleeing the commission or attempted commission of family violence against the child or the person.
25.031. ________________.
A person commits this offense 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.
AGREEMENT TO ABDUCT FROM CUSTODY.
25.04. _______________.
A person commits this offense 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.
ENTICING A CHILD
25.05. __________________.
An individual commits this offense 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.
CRIMINAL NONSUPPORT
For purposes of this section, “child” includes a child born out of wedlock, (A Bastard), whose paternity has either been acknowledged by the actor or has been established in a civil suit under the Family Code or the law of another state.
Under this section, a conviction may be had on the uncorroborated testimony of a party to the offense.
It is an affirmative defense to prosecution under this section that the actor could not provide support for the actor’s child.
The pendency of a prosecution under this section does not affect the power of a court to enter an order for child support under the Family Code.
25.06. _______________________.
A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child:
younger than 18 years of age; and
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.
HARBORING RUNAWAY CHILD
It is a defense to prosecution under this section that the actor was related to the child within the second degree by consanguinity or affinity.
It is a defense to prosecution under this section that the actor notified:
The person or agency from which the child escaped or a law enforcement agency of the presence of the child within 24 hours after discovering that the child had escaped from custody;
or
a law enforcement agency or a person at the child’s home of the presence of the child within
24 hours after discovering that the child was voluntarily absent from home without the consent
of the child’s parent or guardian.
On the receipt of a report from a peace officer,
probation officer, the Texas Youth Council, a foster home, or a detention facility for children that a child has escaped its custody or upon receipt of a report from a parent, guardian, conservator, or legal custodian that a child is missing, a law enforcement agency shall immediately enter a record of the child into the National Crime Information Center.
25.07. _________________________.
A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, stalking, or trafficking case and related to the safety of a victim or the safety of the community, after an order issued from a court and received by the actor the person knowingly or intentionally:
commits family violence or
an act in furtherance of an offense under Section 20A.02 Trafficking of Persons, 22.011 Sexual Assault , 22.021 Aggravated Sexual Assault, or 42.072 Stalking;
communicates:
directly with a protected individual or a member of the family or household in a threatening or harassing
manner;
A threat through any person to a protected individual or a member of the family or household; or
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;
Goes to or near any of the following places as
specifically described in the order or condition of bond:
The residence or place of employment or business of a protected individual or a member of the family or
household; or
Any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends;
Possesses a firearm;
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; or
Removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system.
VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
For purposes of Subsection:
possession of a pet, companion animal, or assistance animal by a person means:
actual care, custody, control, or management of a pet, companion animal, or assistance animal by the person; or constructive possession of a pet, companion animal, or assistance animal owned by the person or for which the person has been the primary caregiver.
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.
Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.
A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.
It is not a defense to prosecution under this section that certain information has been excluded from an order to which this section applies.
25.071. ____________________.
A person commits an offense if, in violation of an order issued under Article 6.08, Code of Criminal Procedure, the person knowingly or intentionally:
commits an offense under Title 5 (criminal homicide, kidnapping, unlawful restraint, and smuggling of people, trafficking of persons, sexual offenses, and assaultive offenses) or Section 28.02 Arson,
28.03 criminal mischief, or 28.08 Graffiti and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;
communicates:
directly with a protected individual in a
threatening or harassing manner;
a threat through any person to a protected
individual; or
in any manner with the protected individual, if the order prohibits any communication with a protected
individual; or
goes to or near the residence or place of employment or business of a protected individual.
VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE.
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.
A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.
25.072. _________________________.
A person commits this offense 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. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
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 of VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
REPEATED VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
A defendant may not be convicted in the same criminal action of another offense an element of which is any conduct that is alleged as an element of the offense unless the other offense:
is charged in the alternative;
occurred outside the period in which the offense alleged under Subsection was committed;
or
is considered by the trier of fact to be a lesser included offense
defendant may not be charged with more than one count if all of the specific conduct that is alleged to have been engaged in is alleged to have been committed in violation of a single court order or single setting of bond.
25.08. ________________________.
A person commits this offense if he:
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
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.
SALE OR PURCHASE OF CHILD
It is an exception to the application of this section that the thing of value is:
a fee or reimbursement paid to a child-placing agency as authorized by law;
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;
a reimbursement of legal or medical expenses incurred by a person for the benefit of the child;
or
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.
25.081. __________________________.
Except as otherwise provided by this section, a person commits this offense if the person knowingly:
conducts an unregulated custody transfer of an adopted child; or
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.
UNREGULATED CUSTODY TRANSFER OF ADOPTED CHILD.
“Adopted child” 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.
“Unregulated custody transfer” 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.
This section does not apply to:
the placement of an adopted child with a licensed
child-placing agency, the Department of Family and Protective Services, or
an adult relative, stepparent, or other adult with a significant and long-standing relationship to the child;
the placement of an adopted child by a licensed child-placing agency or the Department of Family and Protective Services;
the temporary placement of an adopted child by the child’s parent, managing conservator, or guardian for a designated short-term period with a specified intent and period for return of the child due to temporary circumstances, including:
a vacation;
a school-sponsored function or activity; or
the incarceration, military service,
medical treatment, or incapacity of the parent, managing conservator, or guardian;
the placement of an adopted child in another state in accordance with the requirements of Subchapter B, Chapter 162, Family Code; or
the voluntary delivery of an adopted child under Subchapter D, Chapter 262, Family Code.
25.09. __________________________.
A person commits this offense 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.
ADVERTISING FOR PLACEMENT OF CHILD
This section does not apply to a licensed
child-placing agency that is identified in the advertisement as a licensed child-placing agency.
Sec. 25.10. _____________________.
A person commits this offense 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.
INTERFERENCE WITH
RIGHTS OF GUARDIAN OF THE PERSON
“Possessory right” means:
the right of a guardian of the person to have physical possession of a ward and to establish the ward’s legal domicile.
This section does not apply to a governmental entity where the taking, retention, or concealment of the ward was authorized.
25.11 ___________________________.
A person commits an offense 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), Assault with bodily injury, against another person or persons with a family relationship to or association with the defendant.
CONTINUOUS VIOLENCE AGAINST THE FAMILY.
If the jury is the trier of fact, members of the jury are not required to agree unanimously on the specific conduct in which the defendant engaged that constituted an offense of assault against the person or persons or the exact date when that conduct occurred.
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 of assault against the person or persons.
A defendant may not be convicted in the same criminal action of another offense the victim of which is an alleged victim of the alleged Assault and an element of which is any conduct that is alleged as an element of the offense unless the other offense:
is charged in the alternative;
occurred outside the period in which the alleged Assault was committed; or
is considered by the trier of fact to be a lesser included offense of the alleged Assault.
A defendant may not be charged with more than one count of CONTINUOUS VIOLENCE AGAINST THE FAMILY if all of the specific conduct that is alleged to have been engaged in, is alleged to have been committed against a single victim or members of the same household.
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION
Sec. 28.01. DEFINITIONS.
In this chapter:
“Habitation” means:
a structure or vehicle that is adapted for the overnight accommodation of persons and includes: each separately secured or occupied portion
of the structure or vehicle; and
each structure appurtenant to or connected
with the structure or vehicle.
“Building” means:
any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
“Property” means:
real property;
tangible or intangible personal property, including anything severed from land; or
a document, including money, that represents or embodies anything of value.
“Vehicle” 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.
“Open-space land” means:
real property that is undeveloped for the purpose of human habitation.
“Controlled burning” 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.
“Explosive weapon” means:
any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes:
An explosive or incendiary bomb, grenade,
rocket, and mine;
A device designed, made, or adapted for delivering or shooting an explosive weapon; and
A device designed, made, or adapted to start a fire in a time-delayed manner.
“Aluminum wiring” means:
insulated or noninsulated wire or cable that consists of at least 50 percent aluminum, including any tubing or conduit attached to the wire or cable.
“Bronze wiring” means:
insulated or noninsulated wire or cable that consists of at least 50 percent bronze, including any tubing or conduit attached to the wire or cable.
“Copper wiring” means:
insulated or noninsulated wire or cable that consists of at least 50 percent copper, including any tubing or conduit attached to the wire or cable.
“Transportation communications equipment” means:
An official traffic-control device, railroad sign or signal, or traffic-control signal; or
a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train,
“Transportation communications device” means:
any item attached to
transportation communications equipment, including
aluminum wiring, bronze wiring, and copper wiring.
28.02. _________.
A person commits this offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent
to destroy or damage:
land; or
any vegetation, fence, or structure on open-space
any building, habitation, or vehicle:
knowing that it is within the limits of an incorporated city or town;
knowing that it is insured against damage or
destruction;
knowing that it is subject to a mortgage or other security interest;
knowing that it is located on property belonging to another;
knowing that it has located within it property belonging to another; or
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 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 person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing:
- Recklessly damages or destroys a building belonging to another; or
- Recklessly causes another person to suffer bodily injury or death.
ARSON
It is an exception to the application of Arson that the fire or explosion was a part of the
controlled burning of open-space land.
It is a defense to prosecution 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.
