Penal Code Flashcards
A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when: (6.03)
He ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.
A peace officer is justified in using force if: The actor believes the arrest or search is lawful; or if the arrest or search is made under a warrant he reasonably believes the warrant is valid; and: (9.51)
Before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer.
What are the conditions a person is justified in using deadly force against another to protect land or tangible movable property. (9.42)
A)To prevent the imminent commission of:
Arson, burglary, robbery, agg robbery, theft during nighttime, or criminal mischief during nighttime; or
B) who is fleeing immediately after committing burglary, robbery, agg robbery, or theft during nighttime
If an affirmative finding is made in the trial of an office committed because of bias or prejudice, other than a first-degree felony or class a misdemeanor, the punishment for the offense is: (12.47)
Increased to the punishment prescribed for the next highest category of offense.
A person commits the offense of trafficking of persons, if the person knowingly does any of the following (20A.02)
1) intent to engage in forced labor or services;
2) receives a benefit including by receiving labor or services the person knows are forced labor or services;
3) traffics and through force, fraud, or coercion, causes the trafficked person to engage in different levels of prostitution
4) engage in sexual conduct
5) traffics a child intent to engage in forced labor
2nd degree felony; 1st degree if child or near school
Element of offense means: the forbidden conduct; the required culpability; any required result; and; (1.07)
the negation of any exception to the offense,
Entrapment- It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by LE using persuasion… conduct merely… (8.06)
Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
A peace officer is justified in using force if: 1) the actor reasonably believes the arrest or search is lawful; or, reasonably believes the warrant is valid; and 2) (9.51)
before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer.
Sexual assault is a: (22.011)
2nd degree felony; enhanced to 1st degree if 1) actor prohibited from marrying or engaging in sexual intercourse
A person commits resisting arrest, search or transportation if he intentionally prevents or obstructs a person he knows is a peace officer from effecting and arrest, search or transportation of the actor or another by…: (Sec 38.03(a))
Using force against the peace officer
Resisting Arrest is a:
Class A misdemeanor;
3rd degree felony if actor uses a deadly weapon
A person commits evading arrest or detention if he _______________\ from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.
Intentionally flees
Evading arrest or detention is:
1) Class A
2) State Jail Felony if previous conviction or uses vehicle or watercraft and not previous convicted
3) 3rd degree if use vehicle and previous conviction or another suffers SBI
4) 2nd degree if another suffers death
The highest degree of culpable mental state is: (6.02)
Intentional
The lowest degree of culpable mental state is: (6.02)
Criminal negligence
With exceptions, a person may not be prosecuted for or convicted of any offense that the person committed when younger than______ years of age (8.07)
15 exceptions are: 1) perjury and agg perjury (if understands nature of oath) 2) violation of transportation code 3) traffic ordinance 4)misdemeanor punishable by fine only 5)penal ordinance 6) penal statue of cap felony 7) cap felony
Class A misdemeanor - fine not to exceed _____ ; confinement in jail not to exceed______ (12.21)
$4,000; 1 year
Class B misdemeanor - fine not to exceed_______; confinement in jail not to exceed ________ (12.22)
$2000; 180 days
Class C misdemeanor - fine not to exceed ______ (12.23)
$500
Capital Felony - punishment (12.31)
Death or life without parole;
-life if younger than 18
1st Degree Felony - punished for ____ or for any term of not more than ______; fine not to exceed _____ (12.32)
Life; 99 years or less than 5 years; $10,000
2nd Degree Felony - punished by imprisonment for any term of not more than ___ or less than ____ ; fine not to exceed _____ (12.33)
20 years; 2 years; $10,000
3rd Degree Felony - punished by imprisonment for any term of not more than ____ or less than _____ ; fine not to exceed _____ (12.34)
10 years; 2 years; $10,000
State Jail Felony - confined in state jail for any term of not more than ____ or less than ____; fine not to exceed _____ (12.35)
2 years; 180 days; $10,000
A person commits criminal conspiracy if, with intent that a felony be committed; (a) he agrees with one or more persons that they would engage in conduct that would constitute the offense and (b) (15.02)
he or one or more of them performs an overt act in pursuance of the agreement.
Burglary is a felony of the first degree if the premises are a habitation, and: (30.02)
any party to the offense entered the habitation with the intent to commit a felony other than felony theft.
Burglary of habitation is a: (30.02)
2nd degree felony
Burglary of a building other than a habitation is; (30.02)
State Jail Felony
Burglary is a 3rd degree felony if 1) the premises are a commercial building in which a ________ is stored; and 2) the person entered or remained concealed in that building with intent to commit a theft of a ________ (30.02)
controlled substance; controlled substance
An offense under Perjury is a _________ (37.02)
Class A misdemeanor
Aggravated Perjury is when perjury is committed and the false statement is; 1) made during or in connection with an official proceeding; and 2)________ ; 3rd degree felony (37.03)
is material
A public servant commits ________ if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly; 1) violates a law relating to their office; or 2) misuses govt property, services, personnel, or any other thing of value belonging to govt. (39.02)
Abuse of Official Capacity; Class C - less than $100 Class B - 100 to $750 A- $750 - 2500 SJF - 2500 to 30,000 3rd F - 30,000 to 150,000 2nd F - 150,000 to 300,000 1st F - 300,000 or more
Alcohol concentration means the number of grams of alcohol per: A) _____ liters of breath; B) _____ milliliters of blood; or C) ___ milliliters of urine. (49.01)
a) 210 b) 100 c) 67
A weapon free school zone is within ______ feet of the premises of a school. (46.11)
300
It is ____________ to prosecution that, at the time of the conduct charged, the actor as a result of severe mental disease or defect, did not know that his conduct was wrong. (8.01) Insanity
affirmative defense
It is a _________ to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense (8.02) Mistake of Fact
defense
It is _______ to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect. (8.03) Mistake of Law
no defense
The use of force to prevent the escape of an arrested person from custody is justifiable when __________ (9.52)
the force could have been employed by a correctional facility or a peace officer is justified
A person is justified in using deadly force against another when and to the degree the actor reasonably believes the deadly force is immediately necessary A) to protect the actor against the others use or attempted use of unlawful deadly force; or B) to prevent the others imminent commission of ____________ (9.32)
aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery
A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is ____________ (9.32)
not required to retreat before using deadly force.
A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
Criminal Attempt
A person commits Assault if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse. An offense under this section, with no other stipulations, is a: (22.01)
Class A misdemeanor
A person commits Assault if the person intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse. an offense under this section is ______ (22.01)
Class C misdemeanor
A person commits Assault if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. an offense under this section is ______ (22.01)
Class C misdemeanor
Under Sexual Assault, a child means a person younger than ______ (22.011)
17 years of age
An offense under Sexual assault is a ______ (22.011)
2nd degree felony
1st degree - child
A person commits Terroristic Threat if he threatens to commit any offense involving violence to any person or property with intent to: 1) cause a reaction by official 2) place any person in fear of imminent SBI 3) prevent use of building 4) cause interruption of public services 5) place public in fear of SBI 6) influence conduct of any agency (22.07)
a1) Class B misdemeanor
a2) class B except a class A if against family or public servant
a3) Class A, unless loss $1500 or more then its SJF
a4, 5 and 6) 3rd degree felony
When a person takes or retains a child younger than 18 years of age, and when the person knows that the persons retention violates the express terms of a judgment or order of a court disposing of the child’s custody, that person commits the offense of _______ (25.03)
Interference with Child Custody; State Jail Felony
An offense under Arson is a ______ (28.02)
2nd degree felony;
1st degree if bodily injury or death was suffered
Criminal Mischief pecuniary loss ladder is: (28.03)
Class C - less than $100 Class B - $100 to $750 Class A - $750 to $2500 SJF - $2500 to $30,000 3rd F - $30,000 to $150,000 2nd F - $150,000 to $300,000 1st F - $300,000 or more
Pecuniary loss is ___________ (28.06)
the fair market value of the property at the time and place of the destruction or cost of replacing the property
A person who makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have commits: (32.22)
Criminal Simulation; Class A misdemeanor
Breach of computer security, knowingly accessing a computer, computer network or computer system without effective consent of the owner is a ____ (33.02)
Class B misdemeanor
