Penal Code 10 Flashcards

Question

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.

Answer 1

(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.

Answer 2

burglary, robbery, aggravated robbery, or theft during the nighttime

Answer 3

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.

Answer 4

(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).

Answer 5

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*.

Answer 6

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.

Answer 7

capital murder murder manslaughter criminally negligent homicide

Answer 8

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.

Answer 9

CAPITAL MURDER.

Answer 10

MANSLAUGHTER

Answer 11

CRIMINALLY NEGLIGENT HOMICIDE.

Answer 12

does **not**

Answer 13

(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.

Answer 14

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.

Answer 15

KIDNAPPING.

Answer 16

AGGRAVATED KIDNAPPING

Answer 17

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.

Answer 18

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.

Answer 19

"Child" means: | a person younger than 18 years of age.

Answer 20

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.

Answer 21

"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.

Answer 22

CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN "Child" means a person younger than 17 years of age

Answer 23

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

Answer 24

PUBLIC LEWDNESS

Answer 25

INDECENT EXPOSURE “ **Not** simply shitting or pissing in public “

Answer 26

BESTIALITY “Chicken Fucker”

Answer 27

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

Answer 28

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**.

Answer 29

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.

Answer 30

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.

Answer 31

VOYEURISM | Peeping Tom — Back to the Future

Answer 32

SEXUAL COERCION

Answer 33

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.

Answer 34

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.

Answer 35

AGGRAVATED ASSAULT

Answer 36

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)

Answer 37

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.

Answer 38

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.

Answer 39

DEADLY CONDUCT Just **pointed a firearm** without making any threats etc. (Not Terroristic Threats, an Aggravated Assault, or an Aggravated Robbery)

Answer 40

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.

Answer 41

TERRORISTIC THREAT

Answer 42

AIDING SUICIDE

Answer 43

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*.

Answer 44

LEAVING A CHILD IN A VEHICLE An offense under this section is a Class C misdemeanor (Just FYI)

Answer 45

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.

Answer 46

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.

Answer 47

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.

Answer 48

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*.

Answer 49

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.**

Answer 50

AGREEMENT TO ABDUCT FROM CUSTODY.

Answer 51

ENTICING A CHILD

Answer 52

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.

Answer 53

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.

Answer 54

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.

Answer 55

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.

Answer 56

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.

Answer 57

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.

Answer 58

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.

Answer 59

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.

Answer 60

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.

Answer 61

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.

Answer 62

"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.

Answer 63

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.

Answer 64

CRIMINAL MISCHIEF the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss the actor causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service; OR the actor causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply

Answer 65

RECKLESS DAMAGE OR DESTRUCTION. FYI ——> a Class C misdemeanor.

Answer 66

no defense

Answer 67

the fair market value of the property at the time and place of the destruction; or if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the destruction. The amount of pecuniary loss under this chapter, if the property is damaged, is: **the cost of repairing or restoring the damaged property within a reasonable time after the damage occurred. The amount of pecuniary loss under this chapter for documents, other than those having a readily ascertainable market value, is: The amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or The greatest amount of economic loss that the owner might reasonably suffer by virtue of the destruction or damage if the document is other than evidence of a debt. If the amount of pecuniary loss cannot be ascertained by the criteria set forth the amount of loss is deemed to be greater than $750 but less than $2,500. If the actor proves by a *preponderance of the evidence* that he gave consideration for or had a legal interest in the property involved, the value of the interest so proven shall be deducted from: The amount of pecuniary loss if the property is destroyed; or The amount of pecuniary loss to the extent of an amount equal to the ratio the value of the interest bears to the total value of the property, if the property is damaged.

Answer 68

INTERFERENCE WITH RAILROAD PROPERTY "Railroad property" means: a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad; or a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad. "Tamper" means to move, alter, or interfere with railroad property.

Answer 69

GRAFFITI "Aerosol paint" means: an aerosolized paint product. "Etching or engraving device" means: a device that makes a delineation or impression on tangible property, regardless of the manufacturer’s intended use for that device. "Indelible marker" means: a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.

Answer 70

ROBBERY "In the course of committing theft" means: conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft. "Property" means: tangible or intangible personal property including anything severed from land; or a document, including money, that represents or embodies anything of value.

Answer 71

AGGRAVATED ROBBERY “disabled person" means: A “💦 - 🤪” or an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.

Answer 72

BURGLARY 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 enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. "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, except such devices as are classified as "habitation."

Answer 73

BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES.

Answer 74

BURGLARY OF VEHICLES a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision. It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act

Answer 75

CRIMINAL TRESPASS "Forest land" means: land on which the trees are potentially valuable for timber products. "Superfund site" means a facility that: is on the National Priorities List or is listed on the state registry. "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders: A chemical manufacturing facility; A refinery; An electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility; A water intake structure, water treatment facility, wastewater treatment plant, or pump station; A natural gas transmission compressor station; facility; office; A liquid natural gas terminal or storage A telecommunications central switching A port, railroad switching yard, trucking terminal, or other freight transportation facility; A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or A transmission facility used by a federally licensed radio or television station. a person has previously been convicted of an offense described by that paragraph if the person was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication community supervision, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the person was subsequently discharged from deferred adjudication community supervision. This section does not apply if: the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.

Answer 76

TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN. Class C misdemeanor For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by: *oral or written* communication. "Written communication" means: a card or other document (Handed to them?) on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; a sign posted on the property that includes: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; in both English and Spanish; Appears in contrasting colors with block letters at least one inch in height; and Is displayed in a conspicuous manner clearly visible to the public.

Answer 77

TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN. Class C misdemeanor "Written communication" means: a card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"; or a sign posted on the property that: includes the language described ABOVE in both English and Spanish; appears in contrasting colors with block letters at least *one inch* in height; and is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.

Answer 78

Sec. 39.015. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES UNDER THIS CHAPTER. With the consent of the appropriate local county or district attorney, the *attorney general* has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter.

Answer 79

ABUSE OF OFFICIAL CAPACITY

Answer 80

OFFICIAL OPPRESSION. For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity. "sexual harassment" means: unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person’s exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.

Answer 81

VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER SUPERVISION The Attorney General of Texas shall have concurrent jurisdiction with law enforcement agencies to investigate violations of this statute involving serious bodily injury or death. “Custody" means: the detention, arrest, or confinement of an adult offender, the detention of a juvenile offender, or the commitment of a juvenile offender to a correctional facility or juvenile facility.

Answer 82

(Not in 2020 study material) FAILURE TO REPORT DEATH OF PRISONER.

Answer 83

MISUSE OF OFFICIAL INFORMATION "information that has not been made public" means: any information to which the public does not generally have access, and that is prohibited from disclosure.

Answer 84

(Not in 2020 study material) FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST 🤔

Answer 85

31.02. CONSOLIDATION OF THEFT OFFENSES. ``` Theft constitutes a single offense superseding the separate offenses previously known as: theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property. ``` With the consent of the appropriate local county or district attorney, the *attorney general* has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state *Medicaid program*.

Answer 86

THEFT **an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: **fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver’s license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained; **fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or **fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed; **an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly: **fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or **fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the *20th day* after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor at the time the motor vehicle was delivered; an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor: **fails to record the name, address, and physical description of the seller or pledgor; **fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and **fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and **an actor who is subject to the Packers and Stockyards Act that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant’s consent by deception if the actor fails to make full payment in accordance with the Packers and Stockyards Act.

Answer 87

THEFT OF SERVICE intent to avoid payment is presumed if: The actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; The actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; The actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; or The actor failed to return the property held under a rental agreement: Within *five days* after receiving notice demanding return, if the property is valued at less than $2,500; or Within *three days* after receiving notice demanding return, if the property is valued at $2,500 or more. notice shall be notice in writing, sent by registered or certified mail with return receipt requested or by telegram with report of delivery requested, and addressed to the actor at his address shown on the rental agreement or service agreement. It is a defense to prosecution if the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order.

Answer 88

THEFT OF TRADE SECRETS "Article" means: any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. "Copy" means: a facsimile, replica, photograph, or other reproduction of an article or a note, drawing, or sketch made of or from an article. "Representing" means: describing, depicting, containing, constituting, reflecting, or recording. "Trade secret" means: the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes

Answer 89

PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER If written notice is given as prescribed, it is presumed that the notice was received no later than *five days* after it was sent. Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. (Admission of guilt) Partial restitution does not preclude the presumption of the requisite intent under this section. If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor’s intent to deprive the owner of the property under the offense of Theft is presumed, except in the case of a postdated check or order, if: the actor ordered the bank or other drawee to stop payment on the check or order; the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue; the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and the actor failed to: pay the holder within 10 days after receiving the demand for payment; or return the property to the owner within 10 days after receiving the demand for return of the property.

Answer 90

UNAUTHORIZED USE OF A VEHICLE.

Answer 91

31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense.

Answer 92

no defense

Answer 93

THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES “Multichannel video or information services provider" means: a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media. This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.

Answer 94

MANUFACTURE, DISTRIBUTION, OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE This section does not prohibit the manufacture, distribution, advertisement, offer for sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.

Answer 95

POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT.

Answer 96

ORGANIZED RETAIL THEFT

Answer 97

UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. "Financial sight order or payment card information" means: financial information that is contained on either side of a check or similar sight order, check card, debit card, or credit card; or encoded on the magnetic strip or stripe of a check card, debit card, or credit card.

Answer 98

** CARGO THEFT** "Cargo" means: goods that constitute, wholly or partly, a commercial shipment of freight moving in commerce. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise.

Answer 99

THEFT OF PETROLEUM PRODUCT. "petroleum product" means crude oil, natural gas, or condensate.

Answer 100

TAMPERING WITH IDENTIFICATION NUMBERS It is an affirmative defense to prosecution under this section that the person was: the owner or acting with the effective consent of the owner of the property involved; a peace officer acting in the actual discharge of official duties or acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was: in the actual discharge of official duties as an employee or agent of the department; or in full compliance with the rules of the department as an applicant for an assigned number approved by the department. Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property.

Answer 101

Sec. 32.02. VALUE. Subject to the additional criteria, value under this chapter is: the fair market value of the property or service at the time and place of the offense; or if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense. The value of documents, other than those having a readily ascertainable market value, is: The amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. If property or service has value that cannot be reasonably ascertained by the criteria set forth above, the property or service is deemed to have a value of $750 or more but less than $2,500. If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service.

Answer 102

A"Forge" means: To alter, make, complete, execute, or authenticate any writing so that it purports to be the act of another who did not authorize that act; To alter, make, complete, execute, or authenticate any writing so that it purports to have been executed at a time or place or in a numbered sequence other than was in fact the case; or To alter, make, complete, execute, or authenticate any writing so that it purports to be a copy of an original when no such original existed; To alter, make, complete, execute, or authenticate any writing so that it purports to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged; or To alter, make, complete, execute, or authenticate any writing so that it purports to possess a writing that is forged with intent to utter it in a manner that it is NOT forged. "Writing" includes: A printing or any other method of recording information; money, coins, tokens, stamps, seals, credit cards, badges, and trademarks; and symbols of value, right, privilege, or identification.

Answer 103

FORGERY A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record 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.

Answer 104

CRIMINAL SIMULATION | not in material 2020

Answer 105

TRADEMARK COUNTERFEITING (Not in 2020 study material) "Counterfeit mark" means: a mark that is identical to or substantially indistinguishable from a protected mark the use or production of which is not authorized by the owner of the protected mark. "Identification mark" means: a data plate, serial number, or part identification number. "Protected mark" means: a trademark or service mark or an identification mark that is: Registered with the secretary of state; Registered on the principal register of the United States Patent and Trademark Office; Registered under the laws of another state; or protected by Business & Commerce Code, or by U.S.C. "Retail value" means: the actor’s regular selling price for a counterfeit mark or an item or service that bears or is identified by a counterfeit mark, except that if an item bearing a counterfeit mark is a component of a finished product, the retail value means the actor’s regular selling price of the finished product on or in which the component is used, distributed, or sold.

Answer 106

STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER | Not in 2020 study material

Answer 107

"Unmanned teller machine" means: a machine, other than a telephone, capable of being operated by a customer, by which a customer may communicate to a financial institution a request to withdraw a benefit for himself or for another directly from the customer’s account or from the customer’s account under a line of credit previously authorized by the institution for the customer. "Customer convenience terminal" means: an unmanned teller machine the use of which does not involve personnel of a financial institution.

Answer 108

CREDIT CARD OR DEBIT CARD ABUSE. It is presumed that a person who used a revoked, cancelled, or expired credit card or debit card had knowledge that the card had been revoked, cancelled, or expired if he had received notice of revocation, cancellation, or expiration from the issuer. For purposes of this section, notice may be either notice given orally in person or by telephone, or in writing by mail or by telegram. If written notice was sent by registered or certified mail with return receipt requested, or by telegram with report of delivery requested, addressed to the cardholder at the last address shown by the records of the issuer, it is presumed that the notice was received by the cardholder no later than five days after sent.

Answer 109

(Not in 2020 study material) FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT OR IN THE PROVISION OF CERTAIN SERVICES. "credit" includes: A loan of money; A furnishing property or service on credit; A extending the due date of an obligation; A co-making, endorsing, or guaranteeing a note or other instrument for obtaining credit; A line or letter of credit; A credit card, and A mortgage loan.

Answer 110

HINDERING SECURED CREDITORS "Remove" means: transport, without the effective consent of the secured party, from the state in which the property was located when the security interest or lien attached. "Security interest" means: an interest in personal property or fixtures that secures payment or performance of an obligation

Answer 111

(Not in 2020 study material) FRAUDULENT TRANSFER OF A MOTOR VEHICLE. "Lease" means: the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle. "Motor vehicle" means: a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks. "Security interest" means: an interest in personal property or fixtures that secures payment or performance of an obligation. "Third party" means: a person other than the actor or the owner of the vehicle. "Transfer" means: to transfer possession, whether or not another right is also transferred, by means of a sale, lease, sublease, lease assignment, or other property transfer.

Answer 112

(Not in 2020 study material) CREDIT CARD TRANSACTION RECORD LAUNDERING "Agent" means: a person authorized to act on behalf of another and includes an employee. "Authorized vendor" means: a person authorized by a creditor to furnish property, service, or anything else of value upon presentation of a credit card by a cardholder. "Cardholder" means: the person named on the face of a credit card to whom or for whose benefit the credit card is issued, and includes the named person’s agents. "Credit card" means: an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to obtain property or services on credit. It includes the number or description on the device if the device itself is not produced at the time of ordering or obtaining the property or service. "Creditor" means: a person licensed, a bank, savings and loan association, credit union, or other regulated financial institution that lends money or otherwise extends credit to a cardholder through a credit card and that authorizes other persons to honor the credit card.

Answer 113

(Not in 2020 study material) ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER.

Answer 114

(Not in 2020 study material) DECEPTIVE BUSINESS PRACTICES "Adulterated" means: varying from the standard of composition or quality prescribed by law or set by established commercial usage. "Business" includes: trade and commerce and advertising, selling, and buying service or property. "Commodity" means: any tangible or intangible personal property. "Contest" includes: sweepstake, puzzle, and game of chance "Deceptive sales contest" means a sales contest: that misrepresents the participant’s chance of winning a prize; that fails to disclose to participants on a conspicuously displayed permanent poster: (if the contest is conducted by or through a retail outlet) or on each card game piece, entry blank, or other paraphernalia required for participation in the contest (if the contest is not conducted by or through a retail outlet) the geographical area or number of outlets in which the contest is to be conducted: an accurate description of each type of prize; the minimum number and minimum amount of cash prizes; the minimum number of each other type of prize; or that is manipulated or rigged so that prizes are given to predetermined persons or retail establishments. A sales contest is not deceptive if the total value of prizes to each retail outlet is in a uniform ratio to the number of game pieces distributed to that outlet. "Mislabeled" means: varying from the standard of truth or disclosure in labeling prescribed by law or set by established commercial usage. "Prize" includes gift, discount, coupon, certificate, gratuity, and any other thing of value awarded in a sales contest. "Sales contest" means: a contest in connection with the sale of a commodity or service by which a person may, as determined by drawing, guessing, matching, or chance, receive a prize and which is not regulated by the rules of a federal regulatory agency. "Sell" and "sale" include offer for sale, advertise for sale, expose for sale, keep for the purpose of sale, deliver for or after sale, solicit and offer to buy, and every disposition for value.

Answer 115

(Not in 2020 study material) COMMERCIAL BRIBERY "Beneficiary" means a person for whom a fiduciary is acting. "Fiduciary" means: An agent or employee; A trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary; A lawyer, physician, accountant, appraiser, or other professional advisor; or An officer, director, partner, manager, or other participant in the direction of the affairs of a corporation or association.

Answer 116

(Not in 2020 study material) RIGGING PUBLICLY EXHIBITED CONTEST.

Answer 117

(Not in 2020 study material) ILLEGAL RECRUITMENT OF AN ATHLETE.

Answer 118

(Not in 2020 study material) MISAPPLICATION OF FIDUCIARY PROPERTY OR PROPERTY OF FINANCIAL INSTITUTION. "Fiduciary" includes: a trustee, guardian, administrator, executor, conservator, and receiver; an attorney in fact or agent appointed under a durable power of attorney Any other person acting in a fiduciary capacity, but not a commercial bailee unless the commercial bailee is a party in a motor fuel sales agreement with a distributor or supplier An officer, manager, employee, or agent carrying on fiduciary functions on behalf of a fiduciary. “Misapply" means: deal with property *contrary* to an agreement under which the fiduciary holds the property or a law prescribing the custody or disposition of the property. With the consent of the appropriate local county or district attorney, the *attorney general* has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.

Answer 119

(Not in 2020 study material) SECURING EXECUTION OF DOCUMENT BY DECEPTION. With the consent of the appropriate local county or district attorney, *the attorney general* has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.

Answer 120

(Not in 2020 study material) FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING. "writing" includes: printing or any other method of recording information; money, coins, tokens, stamps, seals, credit cards, badges, trademarks; symbols of value, right, privilege, or identification; and universal product codes, labels, price tags, or markings on goods. *a will or codicil of another, whether or not the maker is alive or dead and whether or not it has been admitted to probate, a deed, mortgage, deed of trust, security instrument, security agreement, or other writing for which the law provides public recording or filing, whether or not the writing has been acknowledged.*

Answer 121

(Not in 2020 study material) SIMULATING LEGAL PROCESS.

Answer 122

(Not in 2020 study material) REFUSAL TO EXECUTE RELEASE OF FRAUDULENT LIEN OR CLAIM.

Answer 123

(Not in 2020 study material) DECEPTIVE PREPARATION AND MARKETING OF ACADEMIC PRODUCT. "Academic product" means: a term paper, thesis, dissertation, essay, report, recording, work of art, or other written, recorded, pictorial, or artistic product or material submitted or intended to be submitted by a person to satisfy an academic requirement of the person. "Academic requirement" means: a requirement or prerequisite to receive course credit or to complete a course of study or degree, diploma, or certificate program at an institution of higher education. “Institution of higher education" means: an institution of higher education or private or independent institution of higher education, or a private postsecondary educational institution.

Answer 124

* FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.* "Identifying information" means: information that alone or in conjunction with other information identifies a person, including a person’s: name and date of birth; unique biometric data, including the person’s fingerprint, voice print, or retina or iris image; unique electronic identification number, address, routing code, financial institution account number, telecommunication identifying information or access device, and social security number or other government-issued identification number. "Telecommunication access device" means: a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another telecommunication access device may be used to: obtain money, goods, services, or other thing of value; or initiate a transfer of funds other than a transfer originated solely by paper instrument. If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney’s fees, incurred as a result of the offense. 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.

Answer 125

(Not in 2020 study material) FRAUDULENT, SUBSTANDARD, OR FICTITIOUS DEGREE. 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.

Answer 126

EXPLOITATION OF CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. "Exploitation" means: the illegal or improper use of a child, elderly individual, or disabled individual or of the resources of a child, elderly individual, or disabled individual for *monetary or personal benefit, profit, or gain.* "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.

Answer 127

(Not in 2020 study material) FRAUDULENT OR FICTITIOUS MILITARY RECORD. "Military record" means an enlistment record, occupation specialty, medal, award, decoration, or certification obtained by a person through the person’s service in the armed forces of the United States or the state military forces. (Guard & Reserve) 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.

Answer 128

It is a defense to prosecution that the actor had significant provocation for his abusive or threatening conduct. Does not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours. "public place" includes: a public school campus or the school grounds on which a public school is located. an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; AND a noise is presumed to be unreasonable if the noise exceeds a decibel level of *85* after the person making the noise *receives notice* from a magistrate or peace officer that the noise is a public nuisance. Noise arising from space flight activities does not constitute "unreasonable noise" for purposes of this section.

Answer 129

*DISORDERLY CONDUCT* it is a defense to prosecution for an offense that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal.

Answer 130

**RIOT** "riot" = *seven or more* persons It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in a riot the actor retired from the assembly. It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.

Answer 131

**OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY.** (Bexar Co. = DWI) "obstruct" means: to render impassable or to render passage unreasonably inconvenient or hazardous.

Answer 132

It is a defense to prosecution under Section 42.01(a)(5) (Unreasonable Noise), 42.03 (Obstructing Passageway), or 42.055 (Funeral Service Disruptions) that in circumstances in which this section requires an order no order was given; that an order, if given, was manifestly unreasonable in scope; or that an order, if given, was promptly obeyed.

Answer 133

**DISRUPTING MEETING OR PROCESSION**

Answer 134

(Not in 2020 study material) FUNERAL SERVICE DISRUPTIONS. A "Facility" means: a building at which any portion of a funeral service takes place, including a funeral parlor, mortuary, private home, or established place of worship. A "Funeral service" means: a ceremony, procession, or memorial service, including a wake or viewing, held in connection with the burial or cremation of the dead. "Picketing" means: standing, sitting, or repeated walking, riding, driving, or other similar action by a person displaying or carrying a banner, placard, or sign; engaging in loud singing, chanting, whistling, or yelling, with or without noise amplification through a device such as a bullhorn or microphone; or blocking access to a facility or cemetery being used for a funeral service.

Answer 135

**FALSE ALARM OR REPORT**

Answer 136

**SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE** "9-1-1 service" and "public safety answering point" or "PSAP" = (dispatchers and call-takers)

Answer 137

**INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE** "emergency" means: a condition or circumstance in which any individual is or is reasonably believed by the individual making a call or requesting assistance to be in fear of imminent assault or in which *property* is or is reasonably believed by the individual making the call or requesting assistance to be in imminent danger of damage or destruction.

Answer 138

***HARASSMENT*** "Electronic communication" means: a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes: a communication initiated through the use of electronic mail, instant message, network call, a cellular or other type of telephone, a computer, a camera, text message, a social media platform or application, an Internet website, any other Internet-based communication tool, or facsimile machine; and a communication made to a “pager”! "Obscene" means: containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

Answer 139

**STALKING** For purposes of this section, a trier of fact may find that different types of conduct, if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct. "Property" includes a pet, companion animal, or assistance animal.

Answer 140

(Not in 2020 study material) ABUSE OF CORPSE. "human corpse" includes: any portion of a human corpse; the cremated remains of a human corpse; or any portion of the cremated remains of a human corpse. 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. it is a defense to prosecution under this section that the actor: as a member or agent of a cemetery organization, removed or damaged anything that had been placed in or on any portion of the organization’s cemetery in violation of the rules of the organization; or removed anything: placed in the cemetery in violation of the rules of the cemetery organization; or placed in the cemetery by or with the cemetery organization’s consent but that, in the organization’s judgment, had become wrecked, unsightly, or dilapidated.

Answer 141

(Not in 2020 study material) CRUELTY TO LIVESTOCK ANIMALS "Abandon" includes: abandoning a livestock animal in the person’s custody without making reasonable arrangements for assumption of custody by another person. "Cruel manner" includes: a manner that causes or permits unjustified or unwarranted pain or suffering. "Custody" includes responsibility for the health, safety, and welfare of a livestock animal subject to the person’s care and control, regardless of ownership of the livestock animal. "Livestock animal" means: cattle, sheep, swine, goats, ratites, or poultry commonly raised for human consumption; a horse, pony, mule, donkey, or hinny; native or nonnative hoofstock raised under agriculture practices; or native or nonnative fowl commonly raised under agricultural practices. "Necessary food, water, or care" includes: food, water, or care provided to the extent required to maintain the livestock animal in a state of good health. "Torture" includes: any act that causes unjustifiable pain or suffering. "Trip" means: to use an object to cause a horse to fall or lose its balance. It is a defense to prosecution: That the actor tripped the horse for the purpose of identifying the ownership of the horse or giving veterinary care to the horse. It is a defense to prosecution for an offense under this section that the actor was engaged in bona fide experimentation for scientific research. It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful: form of conduct occurring solely for the purpose of or in support of: fishing, hunting, or trapping; or wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or animal husbandry or agriculture practice involving livestock animals. This section does not create a civil cause of action for damages or enforcement of this section.

Answer 142

(Not in 2020 study material) ATTACK ON ASSISTANCE ANIMAL A court shall order a defendant convicted of this offense to make restitution to the owner of the assistance animal for: related veterinary or medical bills; the cost of: replacing the assistance animal; or retraining an injured assistance animal by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability; and any other expense reasonably incurred as a result of the offense.

Answer 143

(Not in 2020 study material) CRUELTY TO NONLIVESTOCK ANIMALS. "Abandon" includes: abandoning an animal in the person’s custody without making reasonable arrangements for assumption of custody by another person. "Animal" means: a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does *not* include an uncaptured wild living creature or a livestock animal. "Cruel manner" includes: a manner that causes or permits unjustified or unwarranted pain or suffering. "Custody" includes: responsibility for the health, safety, and welfare of an animal subject to the person’s care and control, regardless of ownership of the animal. "Necessary food, water, care, or shelter" includes: food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health. "Torture" includes: any act that causes unjustifiable pain or suffering. It is a defense to prosecution under this section that: The actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal; or The actor was engaged in bona fide experimentation for scientific research. It is a defense to prosecution that: the animal was discovered on the person’s property in the act of or after injuring or killing the person’s livestock animals or damaging the person’s crops and that the person killed or injured the animal at the time of this discovery; or the person killed or injured the animal within the scope of the person’s employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery. It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful: form of conduct occurring solely for the purpose of or in support of: fishing, hunting, or trapping; or wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or animal husbandry or agriculture practice involving livestock animals. This section does not create a civil cause of action for damages or enforcement of the section.

Answer 144

(Not in 2020 study material) DOG FIGHTING. "Dog fighting" means: any situation in which one dog attacks or fights with another dog. A conviction may be had upon the uncorroborated testimony of a party to the offense. It is a defense to prosecution that the actor caused a dog to fight with another dog to protect livestock, other property, or a person from the other dog, and for no other purpose.

Answer 145

(Not in 2020 study material) 🐓 COCKFIGHTING. 🐓 "Bridle" means: a leather device designed to fit over the head and beak of a cock to prevent the cock from injuring another cock. "Cock" means: the male of any type of domestic fowl. "Cockfighting" means: any situation in which one cock attacks or fights with another cock. "Gaff" means: an artificial steel spur designed to attach to the leg of a cock to replace or supplement the cock’s natural spur. "Slasher" means: a steel weapon resembling a curved knife blade designed to attach to the foot of a cock. It is an affirmative defense to prosecution under this section that the actor’s conduct: occurred solely for the purpose of or in support of breeding cocks for poultry shows in which a cock is judged by the cock’s physical appearance; or was incidental to collecting bridles, gaffs, or slashers. An affirmative defense to prosecution is not available if evidence shows that the actor is also engaging in use of the cocks for cockfighting. It is a defense to prosecution for an offense under this section that: the actor was engaged in bona fide experimentation for scientific research; or the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or agriculture practice involving livestock animals. It is an exception to the application (attends as a spectator an exhibition of cockfighting) that the actor is 15 years of age or younger at the time of the offense.

Answer 146

(Not in 2020 study material) DESTRUCTION OF FLAG "flag" means: an emblem, banner, or other standard or a copy of an emblem, standard, or banner that is an official or commonly recognized depiction of the flag of the United States or of this state and is capable of being flown from a staff of any character or size. The term *does not* include a representation of a flag on a written or printed document, a periodical, stationery, a painting or photograph, or an article of clothing or jewelry. It is an exception to the application of this section that the act that would otherwise constitute an offense is done in conformity with statutes of the United States or of this state relating to the proper disposal of damaged flags.

Answer 147

**DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES**

Answer 148

**ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT.** It is an affirmative defense to prosecution under this section that the actor was using the light to send an emergency distress signal. 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.

Answer 149

**USE OF LASER POINTERS.** "laser pointer" means a device that emits a visible light amplified by the stimulated emission of radiation.

Answer 150

"Qualified nonprofit organization" means: a nonprofit organization that meets the following conditions: the primary purposes of the organization do not include the rendition of legal services or education regarding legal services; the recommending, furnishing, paying for, or educating persons regarding legal services is incidental and reasonably related to the primary purposes of the organization; the organization does not derive a financial benefit from the rendition of legal services by a lawyer; and the person for whom the legal services are rendered, and not the organization, is recognized as the client of a lawyer. "Public media" means: a telephone directory or legal directory, newspaper or other periodical, billboard or other sign, radio or television broadcast, recorded message the public may access by dialing a telephone number, or a written communication not prohibited. "Solicit employment" means: to communicate in person or by telephone with a prospective client or a member of the prospective client’s family concerning professional employment within the scope of a professional’s license, registration, or certification arising out of a particular occurrence or event, or series of occurrences or events, or concerning an existing problem of the prospective client within the scope of the professional’s license, registration, or certification, for the purpose of providing professional services to the prospective client, when neither the person receiving the communication nor anyone acting on that person’s behalf has requested the communication. The term *does not* include a communication initiated by a family member of the person receiving a communication, a communication by a professional who has a prior or existing professional-client relationship with the person receiving the communication, or communication by an attorney for a qualified nonprofit organization with the organization ’s members for the purpose of educating the organization’s members to understand the law, to recognize legal problems, to make intelligent selection of legal counsel, or to use available legal services. The term *does not* include an advertisement by a professional through public media. "Professional" means: an attorney, chiropractor, physician, surgeon, private investigator, or any other person licensed, certified, or registered by a state agency that regulates a health care profession.

Answer 151

FAILURE TO IDENTIFY

Answer 152

RESISTING ARREST, SEARCH, OR TRANSPORTATION. It is no defense to prosecution under this section that the arrest or search was unlawful.

Answer 153

EVADING ARREST OR DETENTION. A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law.

Answer 154

HINDERING APPREHENSION OR PROSECUTION.

Answer 155

(Not in 2020 study material) PERMITTING OR FACILITATING ESCAPE.

Answer 156

no defense | Not in 2020 study material

Answer 157

(Not in 2020 study material) IMPLEMENTS FOR ESCAPE

Answer 158

(Not in 2020 study material) BAIL JUMPING AND FAILURE TO APPEAR. It is a defense to prosecution under this section that the appearance was incident to community supervision, parole, or an intermittent sentence. It is a defense to prosecution under this section that the actor had a reasonable excuse for his failure to appear in accordance with the terms of his release.

Answer 159

(Not in 2020 study material) PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY It is an affirmative defense to prosecution that the person possessed the alcoholic beverage, controlled substance, or dangerous drug pursuant to a prescription issued by a practitioner or while delivering the beverage, substance, or drug to a warehouse, pharmacy, or practitioner on property owned, used, or controlled by the correctional facility or civil commitment facility. It is an affirmative defense to prosecution that the person possessing the deadly weapon is a peace officer or is an officer or employee of the correctional facility or civil commitment facility who is authorized to possess the deadly weapon while on duty or traveling to or from the person’s place of assignment. ``` "Component" means: any item necessary for the current, ongoing, or future operation of a cellular telephone or other wireless communications device, including a subscriber identity module card or functionally equivalent portable memory chip, a battery or battery charger, and any number of minutes that have been purchased or for which a contract has been entered into and during which a cellular telephone or other wireless communications device is capable of transmitting or receiving communications. ``` It is an affirmative defense to prosecution that the actor: is a duly authorized member of the clergy with rights and privileges granted by an ordaining authority that includes administration of a religious ritual or ceremony requiring the presence or consumption of an alcoholic beverage; and takes *four ounces or less* of an alcoholic beverage into a correctional facility and *personally consumes* all of the alcoholic beverage or departs from the facility with any portion of the beverage not consumed.

Answer 160

(Not in 2020 study material) IMPROPER CONTACT WITH VICTIM.

Answer 161

(Not in 2020 study material) UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE.

Answer 162

(Not in 2020 study material) CONTRABAND IN CORRECTIONAL FACILITY.

Answer 163

(Not in 2020 study material) BARRATRY AND SOLICITATION OF PROFESSIONAL EMPLOYMENT

Answer 164

(Not in 2020 study material) FALSELY HOLDING ONESELF OUT AS A LAWYER. An offense under this section is a felony of the third degree. Final conviction of falsely holding oneself out to be a lawyer is a serious crime for all purposes and acts, specifically including the State Bar Rules.

Answer 165

(Not in 2020 study material) UNAUTHORIZED PRACTICE OF LAW

Answer 166

*HINDERING PROCEEDINGS BY DISORDERLY CONDUCT*

Answer 167

*TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER.* "Stun gun" means a device designed to propel darts or other projectiles attached to wires that, on contact, will deliver an electrical pulse capable of incapacitating a person. It is a defense to prosecution under this section that the defendant took or attempted to take the weapon from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer who was using force against the defendant or another in excess of the amount of force permitted by law.

Answer 168

*INTERFERENCE WITH PUBLIC DUTIES.* "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.

Answer 169

*INTERFERENCE WITH POLICE SERVICE ANIMALS.* "Area of control" includes: a vehicle, trailer, kennel, pen, or yard. "Handler or rider" means: a peace officer, corrections officer, or jailer who is specially trained to use a police service animal for law enforcement, corrections, prison or jail security, or investigative purposes. "Police service animal" means: a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider.

Answer 170

(Not in 2020 study material) INTERFERENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY. 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.

Answer 171

(Not in 2020 study material) PREVENTING EXECUTION OF CIVIL PROCESS It is an exception to the application of this section that the actor evaded service of process by avoiding detection.

Answer 172

(Not in 2020 study material) FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD.

Answer 173

(Not in 2020 study material) FAILURE TO REPORT FELONY

Answer 174

(Not in 2020 study material) USE OF ACCIDENT REPORT INFORMATION AND OTHER INFORMATION FOR PECUNIARY GAIN.

Answer 175

(Not in 2020 study material) FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION.

Answer 176

(Not in 2020 study material) "Critical infrastructure facility" means: a chemical manufacturing facility; a refinery; an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility; a water intake structure, water treatment facility, wastewater treatment plant, or pump station; a port, railroad switching yard, trucking terminal, or other freight transportation facility; a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; a transmission facility used by a federally licensed radio or television station; a cable television or video service provider headend; a natural gas transmission compressor station; a liquid natural gas terminal or storage facility; or a telecommunications central switching office; "Data" means: a representation of information, knowledge, facts, concepts, or instructions that is being prepared or has been prepared in a formalized manner and is intended to be stored or processed, is being stored or processed, or has been stored or processed in a computer. Data may be embodied in any form, including but not limited to computer printouts, magnetic storage media, laser storage media, and punchcards, or may be stored internally in the memory of the computer. "Decryption," "decrypt," or "decrypted" means: the decoding of encrypted communications or information, whether by use of a decryption key, by breaking an encryption formula or algorithm, or by the interference with a person’s use of an encryption service in a manner that causes information or communications to be stored or transmitted without encryption. "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is *not* effective if: induced by deception or induced by coercion; given by a person the actor knows is *not* legally authorized to act for the owner; given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; given solely to detect the commission of an offense; or used for a purpose other than that for which the consent was given. "Encrypted private information" means: encrypted data, documents, wire or electronic communications, or other information stored on a computer or computer system, whether in the possession of the owner or a provider of an electronic communications service or a remote computing service, and which has not been accessible to the public. "Encryption," "encrypt," or "encrypted" means: the encoding of data, documents, wire or electronic communications, or other information, using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized access to, such information. "Encryption service" means: a computing service, a computer device, computer software, or technology with encryption capabilities, and includes any subsequent version of or update to an encryption service. "Harm" includes: partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a computer virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor’s conduct. "Owner" means a person who: has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; has the right to restrict access to the property; or is the licensee of data or computer software. "Privileged information" means: protected health information, as that term is defined by The Health and Safety Code; information that is subject to the attorney-client privilege; or information that is subject to the accountant-client privilege under the Occupations Code, or other law, if the information is on a computer, computer network, or computer system owned by a person possessing a license issued under the Occupations Code. "Property" means: tangible or intangible personal property including a computer, computer system, computer network, computer software, or data; or the use of a computer, computer system, computer network, computer software, or data.

Answer 177

(Not in 2020 study material) BREACH OF COMPUTER SECURITY. When benefits are obtained, a victim is defrauded or harmed, or property is altered, damaged, or deleted in violation of this section, whether or not in a single incident, the conduct may be considered as one offense and the value of the benefits obtained and of the losses incurred because of the fraud, harm, or alteration, damage, or deletion of property may be aggregated in determining the grade of the offense. A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections. It is a defense to prosecution under this section that the person acted with the intent to facilitate a lawful seizure or search of, or lawful access to, a computer, computer network, or computer system for a legitimate law enforcement purpose. It is a defense to prosecution under Subsection that the actor’s conduct consisted solely of action taken pursuant to a contract that was entered into with the owner of the computer, computer network, or computer system for the purpose of assessing the security of the computer, network, or system or providing other security-related services.

Answer 178

(Not in 2020 study material) ONLINE SOLICITATION OF A MINOR "Sexually explicit" means: any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct. It is a defense to prosecution under this section that at the time conduct described was committed: the actor was married to the minor; or the actor was not more than three years older than the minor and the minor consented to the conduct. 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.

Answer 179

(Not in 2020 study material) ELECTRONIC ACCESS INTERFERENCE. It is a defense to prosecution under this section that the person acted with the intent to facilitate a lawful seizure or search of, or lawful access to, a computer, computer network, or computer system for a legitimate law enforcement purpose.

Answer 180

(Not in 2020 study material) ELECTRONIC DATA TAMPERING "ransomware" means: a computer contaminant or lock that restricts access by an unauthorized person to a computer, computer system, or computer network or any data in a computer, computer system, or computer network under circumstances in which a person demands money, property, or a service to remove the computer contaminant or lock, restore access to the computer, computer system, computer network, or data, or otherwise remediate the impact of the computer contaminant or lock. When benefits are obtained, a victim is defrauded or harmed, or property is altered, appropriated, damaged, or deleted in violation of this section, whether or not in a single incident, the conduct may be considered as one offense and the value of the benefits obtained and of the losses incurred because of the fraud, harm, or alteration, appropriation, damage, or deletion of property may be aggregated in determining the grade of the offense. A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections. Software is not ransomware for the purposes of this section if the software restricts access to data because: authentication is required to upgrade or access purchased content; or access to subscription content has been blocked for nonpayment.

Answer 181

(Not in 2020 study material) UNLAWFUL DECRYPTION. It is a defense to prosecution under this section that the actor’s conduct was pursuant to an agreement entered into with the owner for the purpose of: assessing or maintaining the security of the information or of a computer, computer network, or computer system; or providing other services related to security. A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections.

Answer 182

(Not in 2020 study material) 33.04. ASSISTANCE BY ATTORNEY GENERAL. The attorney general, if requested to do so by a prosecuting attorney, may assist the prosecuting attorney in the investigation or prosecution of an offense under this chapter or of any other offense involving the use of a computer.

Answer 183

(Not in 2020 study material) TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to investigate or prosecute an offense under this section.

Answer 184

(Not in 2020 study material) ONLINE IMPERSONATION It is a defense to prosecution under this section that the actor is any of the following entities or that the actor’s conduct consisted solely of action taken as an employee of any of the following entities: a commercial social networking site; an Internet service provider; an interactive computer service; a telecommunications provider; or a video service provider or cable service provider, "Commercial social networking site" means: any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users.AAThe term does not include an electronic mail program or a message board program.

Answer 185

INDECENT ASSAULT

Answer 186

UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL

Answer 187

HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.

Answer 188

Watercraft

Answer 189

P.C. 20.07 OPERATION OF STASH HOUSE Rents or leases any property to another, intending that the property be used to commit an offense or to facilitate the commission of an offense of SMUGGLING OF PERSONS (20.05 20.06), TRAFFICKING OF PERSONS (20A.02 20A.03), AGGRAVATED PROMOTION OF PROSTITUTION (43.04), and COMPELLING PROSTITUTION.

Answer 190

TRAFFICKING OF PERSONS Section 43.02 (Prostitution); Section 43.03 (Promotion of Prostitution); Section 43.04 (Aggravated Promotion of Prostitution); Section 43.05 (Compelling Prostitution);

Answer 191

30 or more days

Answer 192

may not 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.

Answer 193

30 or more

Answer 194

21.16 UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL.