Penal Code Flashcards
Kidnapping (20.03)
Abducts another
3rd Degree Felony - F3
Abduct (definition)
To restrain a person with the intent to prevent his liberation by:
a) secreting or holding him in a place where he not likely to be found.
b) using or threatening deadly force
Restrain (definition)
to restrict a person’s movements without consent, so as to interfere substantially with the person’s liberty, by moving the person from one place to another or by confining the person. Restraint is “without consent” if it is accomplished by:
(A) force, intimidation, or deception; or
(B) any means, including acquiescence of the victim, if:
(i) the victim is a child who is less than 14 years of age or an incompetent person; or
(ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim’s residence
Unlawful Restraint (20.02)
A person commits an offense if he intentionally or knowingly restrains another person.
Class A Misdemeanor
SJF - 16 years and under
F3 if:
(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;
(B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
(C) the actor while in custody restrains any other person
F2 if: restrains a judge or peace officer in discharge of official duties.
Affirmative Defense:
(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.
Trafficking of Persons (20A.02)
a) Traffics another with intent or knowledge that the person will engage in forced labor
b) Benefits in a venture of trafficking
Is a Felony 2, except:
F1 if:
a) compells sexual performance by child < 18 years old (Compelling Prostitution)
b) someone dies
Online Solicitation of a Minor (33.021)
What is a “minor”?
A person younger than 17, or who the actor believes is younger than 17.
Online Solicitation of a Minor (33.021)
What is “sexually explicit”?
any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct
Online Solicitation of a Minor (33.021)
Communication
the person, over the Internet, by email or text message or other electronic message service or system, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor.
F3
F2 if < 14 years of age
Online Solicitation of a Minor (33.021)
Meeting
the person, over the Internet, by email or text message or other electronic message service or system, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
F2
It is not a defense to prosecution that the meeting did not occur.
Online Impersonation (33.07)
uses the name or persona of another person to:
(1) create a web page on a commercial social networking site or other Internet website; or
(2) post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an email program or message board program.
F3
Online Impersonation (33.07)
Direct contact
sends an email, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:
(1) without obtaining the other person’s consent.
(2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
(3) with the intent to harm or defraud any person.
M/A
F3 if trying to solicit a response from emergency personnel
Murder (19.02)
Penalty
F1
Sudden passion = F2
Capital Murder (19.03) Penalty
Capital Felony (Life/Death)
Maslaughter (19.04)
Penalty
F2
Criminally Negligent Homicide (19.05)
Penalty
SJF
Capital Murder (19.03)
Definition
- Peace Officer or Fireman on Official Duty
- In the course of committing:
- Kidnapping, burglary, robbery, arson, agg sex assault, obstruction, retaliation or terroristic threat. - Murder for hire $$$
- . murder while escaping from penal institution
- Kills a worker in a penal institution while incarcerated
- while in penal institution for murder, murders another
- Murders more than one person at the same time
- Kills 5 year old or younger
- kills judge in retaliation
Bribery (36.02)
intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another:
(1) any benefit as consideration for the recipient’s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
(2) any benefit as consideration for the recipient’s decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding;
(3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official; or
(4) any benefit that is a political contribution as defined by Title 15, Election Code
F2
Coercion of Public Servant or Voter (36.03)
commits an offense if by means of coercion he:
(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty; or
(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.
M/A
F3 if the coercion is a threat to commit a felony
Improper Influence (36.04)
privately addresses a representation, argument, or other communication to any public servant who exercises or will exercise official discretion in a court proceeding with an intent to influence the outcome
M/A
Tampering with Witness (36.05)
Intent to influence a witness he offers any benefit in an official proceeding or coerces a witness
a) to testify falsely
b) withhold testimony
c) to elude legal summoning
d) to absent himself from a proceeding
e) to abstain, discontinue or delay persecution of another
SJF
Obstruction or Retaliation (36.06)
A person intentionally harms or threatens to harm another in retaliation for service as: (or to prevent or delay service of another as:)
a) public servant
b) witness
c) informant
d) person reporting a crime
F3
Acceptance of Honorarium (36.07)
A public servant commits an offense if the public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant’s official position or duties.
M/A
Honorarium is a fee for services rendered by a professional person.
Offering a Gift to a Public Servant (36.09)
A person commits and offense if he offers any benefit on a public servant that he knows the public servant is prohibited from accepting
M/A
Hindering Proceedings by Disorderly Conduct (38.13)
intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.
Recklessly hinders and continues after explicit official request to stop
M/A
Disrupting Meeting or Procession (42.05)
with intent to prevent or disrupt a lawful meeting- he obstructs or interferes with the meeting. Disrupts by physical or verbal utterance
NOT OFFICIAL MEETING
M/B
Riot (42.02)
How many?
Seven or more persons
Aggravated Assault (22.02)
Assault - causes SBI or uses or exhibits a deadly weapon
F2
F1 if:
- uses a deadly weapon and causes SBI:
a) against a family member
b) public servant acting in an official capacity
c) against a witness
d) security officer
e) drive by causing SBI
Aggravated Sexual Assault (22.021)
- causes SBI or attempts to cause the death of the victim
- by acts or words places the victim in fear that any person will be the victim of death, SBI or kidnapping
- uses or exhibits a deadly weapon
- acts in concert with another person (2 people)
- drugs the victim to make them more compliant
- child younger than 14
- elderly or disabled
F1
MINIMUM of 25 YEARS IF:
- child under 5
- child 14 or younger and causes SBI
Serious Bodily Injury (SBI)
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss of impairment of the function of any bodily member or organ.
Requirement of Voluntary Act or Omission (6.01)
A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.
(b) Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.
(c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.
Culpability
Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.
Causation: Conduct and Results
A person is criminally responsible if:
- the result would not have occurred but for his conduct, operating either alone or concurrently with another cause,
- unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.
(b) A person is nevertheless criminally responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated, or risked is that:
(1) a different offense was committed; or
(2) a different person or property was injured, harmed, or otherwise affected.
Culpable Mental States (6.03)
Intentionally
it is his conscious objective or desire to engage in the conduct or cause the result.
Culpable Mental States (6.03)
Knowingly
he is aware that his conduct is reasonably certain to cause the result.
Culpable Mental States (6.03)
Recklessly
he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
Culpable Mental States (6.03)
Criminal Negligence
he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.
Duress - definition
- Affirmative defense, through threat of force
- Not for felonies
- if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.
Entrapment (8.06)
actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means
Age Affecting Criminal Responsibility (8.07)
Person cannot be prosecuted or convicted under 15 years of age except:
- perjury and aggravated perjury
- traffic codes
- misdemeanor punishable by fine only
- capital felony
- aggravated controlled substance felony
- felony 1
Criminal Attempt (15.01)
A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
(b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
Punished as one grade lower than the offense attempted.
No Offense (15.05)
Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is not an offense. Cannot prosecute for a preparatory offense.
Criminal Conspiracy (15.02)
Intent to commit a felony
One or more persons agree to engage in the felony offense
At least one performs an overt act in pursuance of the agreement
No defense that not all have been tried or convicted AND no defense that the crime was actually committed.
One category lower than the most serious felony offense.
Criminal Solicitation (15.03)
Intent to commit a capital felony or F1
Penalty is one degree lower than the offense sought.
Smoking Tobacco (48.01)
Smoking in the boys room or on a bus.
M/C
Robbery (29.02)
During theft and with intent to:
- obtain or maintain control
- cause bodily injury
- threatens imminent bodily injury or death
F2
Aggravated Robbery (25.03)
Commits robbery and :
- causes SBI
- uses or exhibits a deadly weapon
- causes bodily injury or death; or
- threatens or places another in fear of imminent bodily injury or death if the other person is:
- 65 years of age or older
- a disabled person
F1
False Report to Police Officer (37.08)
With intent to deceive, a person knowingly makes a false statement that is material to a criminal investigation and makes the statement to a police officer.
M/B
Abuse of Official Capacity (39.02)
Public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another he intentionally or knowingly:
- violates a law relating to the public servant’s office or employment; (M/A) or
- misuses government property, services, personnel or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the servant’s office or employment
- Penalty based on monetary value of thing misused. (M/C through F1)
Abuse of Official Capacity (39.02)
Public Servant to obtain some benefit he:
- violates law of office (M/A)
- misuses government property (M/C-F1 based on $)
Official Oppression (39.03)
Public servant acting under color of his office commits an offense if:
- Intentionally subjects another to mistreatment or to arrest, detention, search, or seizure that he knows is unlawful
- Intentionally denies or impedes another in the exercise of enjoyment of any right, privilege, power knowing his conduct is unlawful
M/A
Official Oppression (39.03) short
Public servant acting under color of law:
- intentionally mistreats another (or arrest or search)
- sexual harassment
- denies or impedes another’s rights
M/A
Misuse of Official Information (39.08)
Public servant misuses information that he only has access to under color of his job and it is not public info. (F3)
School principal coerces another to not file a report to a law enforcement agency (M/C)
Riot (42.02)
7 or more people:
- create a danger or damage or injury to people/property
- obstruct LE
- by force, threat deprives anyone of a legal right
M/B
Funeral Service Disruptions (42.055)
3 hour before or three hour after the funeral:
picketing within 1,000 feet (M/B)
False Alarm or Report (42.06)
- Reports a bombing, fire or another emergency that is false (M/A)
- unless the false report is to a school or utility (SJF)
Attack on Assistance Animal (42.091)
Attacks - M/A
Injures - SJF
Kills - F3
Discharge of Firearm in Certain Municipalities (42.12)
Recklessly fires a gun in a municipality of 100,000 or more
M/A
Use of Laser Pointers (42.13)
Use against uniformed safety officer, cop, fireman, security guard or EMT
M/C
Illumination of Aircraft by Intense Light (40.14)
- Points a laser or other light source at aircraft (M/C)
- If the light impairs the pilot’s ability to control the aircraft (M/A)
Prostitution (43.02)
Offers, agrees or engages in sex for $$$
Solicits another to have sex in public places
M/B
Promotion of Prostitution (43.03)
Pimp M/A
Aggravated Promotion (2 or more girls) F3 Owns, finances, controls or manages a prostitution enterprise with 2 or more girls F3
Compelling Prostitution (43.05)
Forces another into prostitution or cause, by any means, child 17 or under into prostitution
F2
Obscene Display or Distribution (43.22)
Displays or distributes obscene photo or drawing and is reckless about offending
M/C
Obscenity (43.23)
Wholesale promotes obscene material or device (6 or more objects) (SJF)
Public Lewdness (21.07)
engages in the below in public place or, if not public is reckless about offending others:
- sexual intercourse
- deviate sexual intercourse
- sexual contact
M/A
Indecent Exposure (21.08)
Expose anus or genitals with intent to arouse or gratify
M/B
Sale, Distribution, or Display of Harmful Material to Minor (43.24)
17 or under, knowing material is offensive:
- sells to minor
- displays and is reckless about a minor
M/A
Sexual Performance by a Child (43.25)
17 or under and:
- allows a minor to engage in sex or sexual performance or conduct (F2)
- 13 or under (F1)
Employment Harmful to Children (43.251)
17 or under:
- Person employs, authorizes or induces a child to work in sex business
- topless bars, studios or massage parlors
M/A
Possession or Promotion of Child Pornography (43.26)
Knowingly or intentionally possesses visual material of a child under 18 engaging in sexual conduct AND the person knows the child is under 18.
F3
Indecency with a Child (21.11)
16 or younger:
- sexual contact (F2)
- exposes genitals with intent to arouse or gratify (F3)
- causes the child to expose genitals (F3)
Improper Relationship Between Educator and Student (21.12)
- The name of the child may not be released to the public
- sexual contact, sexual intercourse, deviate sexual intercourse, oral
- online solicitation
F2
Continuous Sexual Abuse of a Young Child or Children (
13 or younger victim
- 2 or more acts of sexual abuse in 30 days; AND
- at the time of the abuse:
- victim is 13 or younger OR disabled
- actor is 17 or older
Sexual abuse = Agg kidnapping for sex, indecency with a child other than touching, sexual assault, agg sexual assault, burglary for sex, sexual performance by child
F1
Invasive Visual Recording (21.15)
without consent:
- records the intimate area of another when that person has a reasonable expectation of privacy
- records another in a bathroom
SJF
Unlawful Carrying of Weapon (46.02)
Carries on or about his person a handgun and is not:
- on the person’s own premises OR going to their vehicle
In vehicle:
- no plain view, or if in plain view, 21 or older
- not committing a crime above class c
- or prohibited from owning weapon
M/A
Places Weapons Prohibited (46.03)
A firearm, location-restricted knife, club:
- school
- polling place on the day of an election
- government court
- racetrack
- airport
- within 1,000 feet of a prison
***CHL is no defense
Unlawful Carry of Handgun by License Holder (46.035)
- intentionally fails to conceal
- into a 51% posted business
- High school, college or pro sporting event
- Correctional facility
- Hospital
- amusement park
- church
- government meeting
- while intoxicated
M/A
(F3 for bar or jail)
Unlawful Possession of a Firearm (46.04) by felon
Felon:
- after conviction and before 5th anniversary of release or release from supervision (F3)
- after 5 years at a location other than the person’s home (F3)
- within 5 years after release from conviction of assault FV OR release from supervision (M/A)
- While under a protective order (unless a full-time peace officer) (M/A)
Unlawful Possession of Metal or body Armor by Felon (46.041)
Felon possesses - F3
Penalties for Repeat and Habitual Felony Offenders
With previous felony conviction OTHER THAN STATE JAIL FELONY:
F3 goes to F2 with a prior conviction
F2 goes to F1 with a prior conviction
F1 goes to a capital felony with a prior conviction.
Class A Misdemeanor
fine not to exceed $4,000
Jail not to exceed one year
Class B Misdemeanor
fine not to exceed $2,000
Jail not to exceed 180 days
Class C Misdemeanor
fine not to exceed $500
Capital Felony
Life in prison with parole if committed when 17 or younger
life in prison without parole if committed after 18 years of age
Felony of the First Degree
Fine not to exceed $10,000
5-99 or life
Felony of the Second Degree
Fine not to exceed $10,000
2-20 years in prison
Felony of the Second Degree
Fine not to exceed $10,000
2-20 years in prison
State Jail Felony
Fine not to exceed $10,000
6 months to two years in jail
Continuous Violence Against the Family
In a 12 month period, engages in assault against a family member two or more times.
F3
Voyeurism (21.17)
With intent to arouse or gratify the actor observes another person without their consent while they are in a dwelling or structure with a reasonable expectation of privacy (M/C)
If two or more convictions (M/B)
If victim is a child 13 or younger (SJF)
Theft (31.03)
Ulawfully appropriating property with intent to deprive the owner of the property.
- without the owner’s consent
- taking property the actor knows is stolen
Theft Penalty Ladder
M/C < $100
$100 < M/B < $750
M/B = stolen DL or ID
$750 < M/A < $2,500
$2,500 < SJF < $30,000 - also firearms, metal, graverob
$30,000 < F3 < $150,000
$150,000 < F2 < $300,000
F1 = $300,000 or more
Unauthorized Use of a Vehicle (31.07)
Intentionally or Knowingly operates another’s boat, airplane or vehicle without consent of the owner
SJF
Organized Retail Theft (31.16)
intentionally steals, stores, sells or barters stolen retail merchandise or items known to be stolen.
One penalty group higher if:
- more than one person
- deactivated fire exit alarm or theft detector
- used shielding or deactivation instrument
Leaving a Child in a Vehicle (22.10)
Intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes and the child is:
- less than 7 years old; and not attended by a person who is 14 or older
M/C
Sexual Assault (22.011)
intentionally or knowingly:
- causes the penetration of the anus or sexual organ of another by any means
- causes the penetration of the mouth of another person by the sexual organ of the actor
- causes the sexual organ of another person, without that person’s consent to penetrate the mouth, anus or sexual organ of another.
F2
Indecent Assault (22.012)
offense if, without the other person’s consent and with intent to arouse or gratify:
- touches the anus, breast or any part of the genitals of another
- touches another person with the anus, breast or any part of the genitals of any person
- exposes or attempts to expose another person’s genitals, pubic area, anus, buttocks or female areola
- causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, feces of any person
M/A
Felony of the Third Degree
2-10 years in prison
Fine of up to $10,000
