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 Deadly 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
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