Penal Code 2019 Flashcards
Study for Exam
Insanity
At the time of the conduct, the actor, as a result of severe mental disease or defect, did not know the conduct was wrong.
Mistake of Fact
It is a defense 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. The actor may be charged with a lesser included offense of which he would be guilty if the fact were as he believed.
Mistake of Law
It is no defense that the actor was ignorant of the provisions of any law after the law has taken effect.
It is a affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon: an official statement of law or a written interpretation of law. The actor may still be convicted of a lesser included offense.
Intoxication
Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried,
Intoxication means the disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
Duress
It is a affirmative to defense that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.
Entrapment
It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by law enforcement agent using persuasion or other means likely to cause person to commit the offense.
Age affecting criminal responsibility
A person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except:
1) perjury or aggravated perjury
2) a violation of a penal statue under Chapter 729, Transportation Code
3) a violation of a motor vehicle traffic ordinance
4) a misdemeanor punishable by fine only
Justification as justifiable force
Confinement is justified when the force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person has been arrested for an offense.
Threats as justifiable force
The threat of force is justified when the use of force is justified by this chapter. A threat to cause death or serious bodily injury by the production of a weapon of otherwise, as long as the actor’s purpose is limited to creating an apprehension that the will use deadly force if necessary.
Reckless injury of innocent third person
If the actor that uses deadly force recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in prosecution for the reckless injury or killing of the innocent third person.
Public Duty
Conduct is justified if the actor reasonably believes the conduct is required or authorized by law or by the judgment or order of a competent court or other governmental tribunal.
Necessity
Conduct is justified if the actor reasonably believes the conduct is immediately necessary to avoid imminent harm.
Self Defense
A person is justified in using deadly force against another when and to the degree the actor reasonably believes the force is necessary to protect the actor against the others use or attempted use of unlawful force.
Deadly force in defense of person
A person is justified in using deadly force against the other when and to the degree the actor reasonably believes the deadly force is immediately necessary to protect the actor against the other’s use of unlawful deadly force or prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, robbery or aggravated robbery.
Defense of third person
A person is justified in using deadly force against another to protect a third person if the actor reasonably believes the actor would be justified in using deadly force to protect himself against unlawful force.
Deadly force to protect property
A person is justified in using deadly force against another to protect land or tangible, movable property-if he would be justified in using force against the other under section 9.41.
Arrest and search
A peace officer is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest.-the actor believes the arrest is lawful.
Class A Misdemeanor
not to exceed 1 year and $4000 fine
Class B Misdemeanor
not to exceed 180 days and $2,000 fine
Class c Misdemeanor
not to exceed $500 dollars
Capital Felony
life, if the individual committed the offense when younger than 18 years of age or life without parole, if the individual committed the offense when 18 years of age or older.
-a sentence of life imprisonment is mandatory on conviction of the capital felony.
First Degree Felony
5 to 99 years and $10,000 fine
Second degree Felony
2 to 20 years and $10,000 fine
Third Degree Felony
2 to 10 years and $10,000 fine
State Jail Felony
180 Days to 2 years and $10,000 fine
Enhancements
charges may be enhanced for repeated convictions.
Unlawful restraint
intentionally and knowingly retains another person by -force, intimidation or deception-m it is ok if the child is less than 14 and the person is a parent or guardian- Class A Misdemeanor
Kidnapping
intentionally and knowingly abducts another person by secreting holding the victim in a place where victim not likely to be found or using or threatening to use deadly force.
3rd degree felony
aggravated kidnapping
holding victim for ransom or reward or using the victim as a shield or hostage -
1st degree felony
smuggling of persons
with intent to obtain a monetary fee, knowingly transports a person with intent to conceal the person from a a police officer special investigator or flee from police officer or special investigator.
3rd Degree felony
continuous smuggling of persons
A person commits an offense if during 10 or more days engages two or more times in the offense
2nd degree felony
trafficking of persons
knowingly traffics another person with the intent that the trafficked person engage in forced labor services.
2nd degree felony
continuous sexual abuse of child
during a period of 30 or more days, commits 2 or more acts of sexual abuse against one or more children under the age of 14.
1st degree felony
public lewdness
engages in sexual intercourse, deviate sexual intercourse or sexual contact in a public place.
Class A Misdemeanor
Indecent exposure
intentionally and knowingly exposes actor’s anus or any part of actor’s genitals with intent to arouse or gratify the sexual desire of any person and is reckless about whether another person is present who will be offended or alarmed by the act.
Class B Misdemeanor
Bestiality
has sexual contact with an animal by mouth, anus or genital or fondling or improperly touching an animal’s anus or genitals(even through clothing) or causing an animal to contact seminal fluid or inserting an object or a person’s genital’s into the anus or genitals of animal.
State jail felony
Indecency with a child
with a person under 17yoa, whether or not actor knows the child’s age, intentionally and knowingly with intent to gratify or arouse the sexual desire of any person, engages in sexual contact with the child
2nd degree felony
exposes actor’s anus or any part of actor’s genitals’ knowing the child is present
3rd degree felony
Improper relationship between educator and student
person who is an employee of a primary of or secondary school, engages in sexual contact, intercourse, deviate sexual intercourse, or solicitation of child regardless of age, with a student
2nd degree felony
Invasive visual recording
a person intentionally invades a person’ privacy without consent records or transmits visual image of person’ intimate part - in a bathroom or changing room or in a place other person had reasonable expectation of privacy.
State jail felony
voyeurism
With intent to arouse or gratify sexual, he observes another without consent
Class C misdemeanor
Sexual Coercion
intentionally and knowingly threatens or by coercion or extortion threatens to commit an offense or not commit a threatened offense or in connection with the threatened offense obtain any of the following benefits- intimate visual material or an act involving sexual conduct causing arousal or gratification or a monetary benefit or other benefit of value.
State jail felony
assault
a person intentionally or knowingly or recklessly causes bodily injury to another, including the actor’s spouse
Class a misdemeanor
Assault by threat
person intentionally or knowingly threatens another with imminent bodily injury.
Class C misdemeanor
Assault by contact
person intentionally or knowingly causing physical contact with another when the actor knows or should reasonably believe that the other will regard contact as offense or provocative.
Class C Mideemanor
Sexual assault
person intentionally or knowingly by any means causes the penetration of mouth, anus, or female sexual organ or another person or causes the sexual organ of another person to contact or penetrate the mouth, anus, or sexual organ of another person including actor without the person consent by using physical force or violence or threatened use of force.
2nd degree felony
Aggravated assault
person commits an assault and causes serious bodily injury to another including actor’s spouse or uses of exhibits a deadly weapon.
2nd degree felony
Aggravated sexual assault
in the midst of sexual assault, the actor causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode.
1st degree felony
Injury to child, elderly or disabled individual
person knowingly, intentionally , recklessly or with criminal negligence cause serious bodily injury , serious mental deficiency, impairment or injury or bodily injury to a child under 15yoa, an elderly individual over 64yoa, a disabled person with mental illness older than 14yoa who is unable to protect himself/herself from harm.
1st degree felony to state jail felony
Abandoning or endangering a child
person intentionally abandons a child under 15yoa under circumstances that expose child to risk or harm or
intentionally, knowingly , recklessly or with criminal negligence, by act or omission placed a child under 15yoa in imminent danger of death, bodily injury, or pysical or mental impairment.
2nd degree to state jail felony
Deadly conduct
A person recklessly engages in conduct by placing another in imminent danger or serious bodily injury.
Class a misdemeanor
discharges a firearm in the direction of individual, habitation, building, people and is reckless about whether it is occupied
3rd degree felony
Terroristic threat
a person intentionally or knowingly threatens to commit an offense involving violence to any person or property with the intent to cause a reaction or place a person in fear of imminent serious bodily injury or prevent or interrupt the occupation of a building. Class A or class B misdemeanor
Aiding in suicide
person with intent to promote or assist the commission of suicide, aids or attempts to aid another to commit or attempt to commit.
Class C Misdemeanor
Successful attempt
State jail felony
Tampering with consumer products
person intentionally or knowingly tampers with consumer product by altering or adding a foreign substance to consumer product to make it probable that consumer product will cause serious bodily injury.
2nd degree felony is serious bodily injury or death
threat or causes fear, affects sale or causes bodily injury.
3rd degree felony
Leaving child in a vehicle
intentionally and knowingly leaves a child under 7 yoa unattended in vehicle longer than 5 minutes.
Class C misdemeanor
Harassment by person in certian facilities
A prisoner with intent to annoy, harass or alarm, causes another to contact the blood, seminal fluid, urine, or feces of any person.
3rd Degree Felony
Bigamy
Actor is legally married and purports to marry another or lives with another under the appearance of being married.
3rd Degree felony
Prohibited Sexual conduct
A person intentionally and knowingly engages in sexual intercourse or deviate sexual intercourse with a person whom the actor knows to be-a stepchild or stepparent or a parent’s brother or sister or a brother or sister by adoption or a child of the actor’s aunt or uncle.
3rd Degree Felony
A parent or grandparent or child or grandchild
2nd Degree felony
Interference with Child custody
A person intentionally or knowingly takes or retains a child under 18 years of age when the actor knows the taking or retention violates the express terms of an order of a court disposing of the child custody.
State jail felony
Agreeing to abduct a child from custody
A person intentionally or knowingly agrees to abduct a child under 18yoa by force, threat of force, misrepresentation, stealth, or unlawful entry for remuneration or promise of remuneration, knowing the child is under control or custody of another having possession under a court order.
State jail felony
Enticing a child
A person with intent to interfere with the lawful custody of a child under 18yoa, intentionally and knowingly entices, persuades or takes the child from the custody of the parent or guardian.
Class B Misdemanor
Actor intended to commit a felony against the child.
3rd degree felony
Criminal non-support
A person intentionally and knowingly fails to provide support for the person’s child.
State jail felony
Harboring a Runaway child
A person intentionally or knowingly harbors a child and is criminally negligent about whether the child is under 18 yoa, or when the child has escaped from custody of peace officer , probation officer of TYC.
Class A misdemeanor
Violation of Protective Order
A person intentionally or knowingly violates the terms of an order under authority of Section 6.08 CCP.
Class A Misdemeanor
Selling or purchasing a child
A person intentionally or knowingly possesses or has custody, conservatorship, or guardianship of a child under 18yoa and offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another or for the possession of the child by another.
3rd degree felony
Unregulated custody transfer of adopted child
A person , acting as a parent, managing conservator, or guardian, intentionally or knowingly transfers or facilitates the transfer of permanent physical custody of child, to a person who is not the child’s relative without prior court approval.
3rd degree felony
Advertisement for placement of child
A person intentionally advertises in public media that actor will place, provide or obtain a child for adoption or any other form of permanent physical custody.
Class a misdemeanor
Interference with the rights of guardian of the person
A person knowingly or intentionally conceal a ward from the guardian or the person.
State jail felony
Continuous Violence against the family
A person during a period of 12 months or less, commits two or more acts of assault against one or more family members.
3rd degree felony
Arson
A person intentionally or knowingly starts a fire or causes an explosion with intent to damage or destroy a building, habitation, vehicle, vegetation, fence, or structure on open-space land.
2nd degree felony
Criminal mischief
A person commits an offense is he intentionally or knowingly damages or destroys the tangible property of the owner or causes pecuniary loss or substantial inconvenience to the owner or makes markings, drawings on the tangible property of the owner. Offence depends on the value of loss less than $100 - Class C $100 - $750 - Class B $750 - $2,500 - Class A $2,500 - $30,000 - State jail Felony $30,000 - $150,000 - 3rd Degree $150,000 - $300,000 - 2nd Degree Felony $300,000 or more - 1st Degree Felony
Reckless damage
A person recklessly damages or destroys property without the owners consent.
Class C Misdemeanor
Graffiti
A person intentionally or knowingly with paint, indelible marker, or etching or engraving device, without the consent of the owner, makes markings, slogans, drawings or painting on the tangible property of the owner.
Offense depends on value
Robbery
A person, in the course of committing theft, and to obtain and maintain control of property, intentionally, knowingly, or recklessly causes, threatens or places another in fear of imminent bodily injury or death.
2nd Degree Felony
Aggravated Robbery
also causes serious bodily injury to another person, uses or exhibits a deadly weapon or causes, threatens, or places in fear of imminent bodily injury or death a person over 64 yoa or disabled.
1st Degree Felony
Burglary
A person intentionally or knowingly enters a habitation, building not then open to public wit the intent to commit , attempts, or does commit a felony, an assault or theft.
State jail felony -Building other than habitation
2nd Degree Felony - Habitation
Burglary of Coin-Operated machine
A person, without the owners consent, intentionally and knowingly breaks into or enters any coin-operated machine.
Class A Misdemeanor
Burglary of vehicle
A person intentionally or knowingly breaks into or enters a vehicle or any part of the vehicle.
Class A Misdemeanor
Criminal Trespass
A person enters or remains on agricultural land of another and had notice that entry was forbidden and was within 100 feet of the boundary when apprehended.
Class C Misdemeanor
Entered or remains on the property of another after having notice that entry was forbidden and after receiving notice to depart, fails to do so.
Class B Misdemeanor.
Trespass by License Holder with an Openly Carried Handgun
A person intentionally and knowingly carries handgun and received notice that entry on premises by license holder with openly carried handgun was forbidden or remained on property with openly carried handgun was forbidden and failed to depart.
Class C Misdemeanor
Theft
A person intentionally and knowingly appropriates property and exercising control over property
Offense depends on value of property
Receiving and Concealing Property
A person intentionally and knowingly acquires or exercises control over property stolen from another person, knowing said property was stolen.
Theft of service
with intent to avoid payment for services the actor knows is provided for compensation, he intentionally and knowingly secures performance of a service by deception, threat or false token.
Offense depends on the amount of theft.
