Penal Code Flashcards

1
Q

All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

A

Proof beyond a reasonable doubt

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2
Q

Class A Misdemeanor

A

Fine Not to exceed $4000
Jail not to exceed 1 Yr

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3
Q

Class B Misdemeanor

A

Fine Not to exceed $2000
Jail not to exceed 180 Days

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4
Q

Class C Misdemeanor

A

Fine no to exceed $500
No Jail

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5
Q

Capital Felony

A

Lifetime Jail no parole (if 18 or older)
Lifetime Jail (if 18 or younger)
$10,000 Fine

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6
Q

1st Degree Felony

A

5-99 Yrs Jail
$10,000 Fine

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7
Q

2nd Degree Felony

A

2-20 Yrs Jail
$10,000 Fine

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8
Q

3rd Degree Felony

A

2-10 Yrs Jail
$10,000 Fine

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9
Q

State Jail Felony

A

180 Days to 2 Yrs Jail
$10,000 Fine

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10
Q

Murder

A

1st Degree

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11
Q

Capital Murder

A

Capital Felony

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12
Q

Manslaughter

A

Recklessly, 2nd Degree

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13
Q

Criminally Negligent Homicide

A

Criminal Negligence, State Jail felony

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14
Q

Agg Kidnapping

A

ransom, hostage, terrorize, with weapon
2nd Degree

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15
Q

Continuous sexual abuse of young child or Disabled

A

period of 30 days or more commits 2 or more acts.

Actor is 17 or older
Child is younger than 14

1st Degree felony 25-99 yrs

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16
Q

Public lewdness

A

public sex Class A

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17
Q

Indecent exposure

A

exposes genitalia with sexual desire

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18
Q

Bestiality

A

Animal sex , State Jail Felony

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19
Q

Indecency with CHild

A

Child younger than 17, sex contact, exposes, 3 yr age gap
2nd Degree

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20
Q

Improper relationship Educator and student

A

2nd Degree

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21
Q

Invasive Visual Recording

A

State Jail Felony

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22
Q

Unlawful Disclosure, intimate visual material

A

State Jail Felony

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23
Q

Assault

A

Class A,
Impeding 3rd Degree (Family)
Police (3rd Degree)S

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24
Q

Sexual Assault

A

2nd Degree

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25
Indecent Assault
Touching (Groping) etc, Class A
26
Agg Assault
Weapon, serious bodily injury 2nd Degree Felony
27
Aggravated Sexual Assault
Child, elderly, Weapon or disabled Victim/child = younger than 14 Elderly = 65 or older Disabled = older than 13 Child = younger than 17 Mandatory 25 Yrs if child younger than 6. 14 for other things
28
Deadly Conduct
Class A recklessly engages in conduct that can seriously hurt someone, shoot at buildings, point gun at person even if unloaded
29
Terroristic Threat
imminient serious injury Class A
30
Leave Child in vehicle
Longer than 5 mins, Child younger than 7 and not attended by someone older than 14 Class C
31
Prohibited Sexual Conduct (incest)
2nd Degree Felony
32
Interference with child Custody
SJF
33
Criminal NonSupport
SJF
34
Continuous Family Violence
12 months or less, 2 occurences 3rd Degree Felony
35
Criminal Mischief Theft Graffiti Monetary amounts and levels
Class C: <$100 Class B: $100 - $750 Class A: $750 - $2500 State Jail Felony: $2500 - $30,000 3rd Degree: $30,000 - $150,000 2nd Degree: $150,000 - $300,000 1st Degree: > $300,000
36
Robbery
theft + Force/Injury 2nd Degree Felony
37
Agg Robbery
Weapon or Serious Bodily Injury 1st Degree
38
Burglary
Car: Class A Any other building: SJF Home: 3rd Degree Home + intent to commit felony: 1st Degree Felony
39
Criminal Trespass
Class B
40
Online Solicitation
Younger than 17 3rd Degree Younger than 14 2nd Degree
41
Bribery
2nd Degree
42
Perjury
Class A
43
Tampering, fabricating Evidence
3rd Degree
44
Fail to ID
Refuses: Class C Detained/arrested : Class B Detained and wanted: Class A
45
Resisting and evading
Class A with Vehicle: 3rd Degree
46
Escape
2nd Degree
47
Abuse of Official Capacity
Class A (Misusing Govt Property)
48
Official Oppression
Class A (under color of employment abuses)
49
Riot
7 or more Class B
50
False Alarm or Report
Class A
51
Harassment
Class B
52
Poss CP
Younger than 18 Depicting sex conduct, moving scale >100 Depictions (3rd Degree) 100-500 (2nd Degree) 500+ (1st Degree)
53
Electronic Transmission
Kids Class C unless other factors
54
Unlawful carrying weapons
Class A
55
Prohibited weapons
Explosive weapon Machine gun Short Barrel Firearm armor piercing Ammo Chemical Dispensing Device zip gun tire deflation device IED 3rd Degree Felony
56
DWI
.08 BAC: Class B .15 BAC: Class A Child Passenger (Younger than 15): State Jail Felony 72 Hr Confinement
57
Intox Assault
3rd Degree (Driving 90 and mess someone up)
58
Intox Manslaughter
2nd Degree (Driving 90 and Kill someone)
59
Sex offenses Child is?
Younger than 17
60
Sexual Performance
2nd degree (Younger than 17) 1st Degree (Younger than 14)