Penal code 2025 study Flashcards
What is the definition of Murder according to Texas Penal Code Sec. 19.02?
The intentional or knowing killing of an individual, including cases of heat of passion or during another felony.
Penalty: First-degree felony (5–99 years or life in prison).
What constitutes Manslaughter under Texas Penal Code Sec. 19.04?
A killing caused by reckless conduct where the person was aware of the risk of death but consciously disregarded it.
Penalty: Second-degree felony (2–20 years in prison).
What is Criminally Negligent Homicide as per Texas Penal Code Sec. 19.05?
Causing death by criminal negligence, meaning failure to be aware of a substantial risk of death.
Penalty: State Jail felony (180 days to 2 years in state jail).
Define Simple Assault according to Texas Penal Code Sec. 22.01.
Causing bodily injury to someone else intentionally, knowingly, or recklessly, including threats of bodily harm.
Penalty: Class A misdemeanor (up to 1 year in jail, up to $4,000 fine).
What distinguishes Aggravated Assault under Texas Penal Code Sec. 22.02?
Assaulting someone with a deadly weapon or causing serious bodily injury.
Penalty: Second-degree felony (2–20 years in prison).
What is the definition of Sexual Assault under Texas Penal Code Sec. 22.011?
Engaging in sexual contact with another person without consent, applicable even if the victim is unable to consent.
Penalty: Second-degree felony (2–20 years in prison).
What is Aggravated Sexual Assault according to Texas Penal Code Sec. 22.021?
Sexual assault involving serious bodily injury, use of a weapon, or the victim’s death.
Penalty: First-degree felony (5–99 years or life in prison).
What is the definition of Theft under Texas Penal Code Sec. 31.03?
Taking property with the intent to deprive the owner of it.
Penalties vary based on value: Class C Misdemeanor under $100 to First-degree felony over $150,000.
What constitutes Burglary under Texas Penal Code Sec. 30.02?
Breaking and entering a building or habitation without consent, intending to commit theft, assault, or another felony.
Penalties: Second-degree felony in a habitation, State Jail Felony in a building.
What is the definition of Robbery according to Texas Penal Code Sec. 29.02?
Taking property through force, intimidation, or threat of violence.
Penalty: Second-degree felony (2–20 years).
What distinguishes Aggravated Robbery under Texas Penal Code Sec. 29.03?
Robbery that causes serious bodily injury or uses a deadly weapon.
Penalty: First-degree felony (5–99 years or life in prison).
What is a warrantless arrest?
An arrest made by law enforcement without obtaining an arrest warrant first.
Can occur if a crime is witnessed or there is probable cause.
What is the time frame for presenting a person arrested without a warrant to a magistrate?
Within 48 hours.
Failure to present on time can lead to dismissal of charges.
What is the validity period of a search warrant?
72 hours (3 days).
If not executed within this time, it becomes invalid.
Under what circumstances are warrantless searches permitted?
With consent, if evidence is in plain view, or in emergencies.
Must meet strict legal requirements to avoid rights violations.
What is defined as Family Violence under the Texas Family Code?
Physical harm, bodily injury, assault, or threat of harm by a family or household member.
Can also include emotional abuse and economic control.
What is an ex parte order?
An emergency protective order issued without notice to the abuser.
Lasts for 14 to 20 days until a full hearing can be conducted.
What is the penalty for violating a protective order?
Class A misdemeanor or third-degree felony if it involves physical violence or threats.
Class A can lead to up to 1 year in jail.
What are law enforcement duties relating to protective orders?
Serve protective orders to the abuser and enforce their terms.
Must also provide victims with resource information.
What immunity is granted to law enforcement officers under the Texas Family Code?
Immunity from civil liability when acting in good faith to enforce family violence laws.
Does not extend to actions outside their authority.
What are the penalties for family violence misdemeanors?
Class A misdemeanor: Up to 1 year in jail or fine up to $4,000.
Felony penalties escalate based on severity and history.
Fill in the blank: A search warrant allows officers to search a specified location for evidence of a crime, based on _______.
[probable cause]
True or False: Officers may use reasonable force to execute a search warrant.
True
