Penal code 2025 study Flashcards

1
Q

What is the definition of Murder according to Texas Penal Code Sec. 19.02?

A

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).

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2
Q

What constitutes Manslaughter under Texas Penal Code Sec. 19.04?

A

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).

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3
Q

What is Criminally Negligent Homicide as per Texas Penal Code Sec. 19.05?

A

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).

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4
Q

Define Simple Assault according to Texas Penal Code Sec. 22.01.

A

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).

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5
Q

What distinguishes Aggravated Assault under Texas Penal Code Sec. 22.02?

A

Assaulting someone with a deadly weapon or causing serious bodily injury.

Penalty: Second-degree felony (2–20 years in prison).

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6
Q

What is the definition of Sexual Assault under Texas Penal Code Sec. 22.011?

A

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).

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7
Q

What is Aggravated Sexual Assault according to Texas Penal Code Sec. 22.021?

A

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).

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8
Q

What is the definition of Theft under Texas Penal Code Sec. 31.03?

A

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.

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9
Q

What constitutes Burglary under Texas Penal Code Sec. 30.02?

A

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.

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10
Q

What is the definition of Robbery according to Texas Penal Code Sec. 29.02?

A

Taking property through force, intimidation, or threat of violence.

Penalty: Second-degree felony (2–20 years).

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11
Q

What distinguishes Aggravated Robbery under Texas Penal Code Sec. 29.03?

A

Robbery that causes serious bodily injury or uses a deadly weapon.

Penalty: First-degree felony (5–99 years or life in prison).

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12
Q

What is a warrantless arrest?

A

An arrest made by law enforcement without obtaining an arrest warrant first.

Can occur if a crime is witnessed or there is probable cause.

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13
Q

What is the time frame for presenting a person arrested without a warrant to a magistrate?

A

Within 48 hours.

Failure to present on time can lead to dismissal of charges.

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14
Q

What is the validity period of a search warrant?

A

72 hours (3 days).

If not executed within this time, it becomes invalid.

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15
Q

Under what circumstances are warrantless searches permitted?

A

With consent, if evidence is in plain view, or in emergencies.

Must meet strict legal requirements to avoid rights violations.

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16
Q

What is defined as Family Violence under the Texas Family Code?

A

Physical harm, bodily injury, assault, or threat of harm by a family or household member.

Can also include emotional abuse and economic control.

17
Q

What is an ex parte order?

A

An emergency protective order issued without notice to the abuser.

Lasts for 14 to 20 days until a full hearing can be conducted.

18
Q

What is the penalty for violating a protective order?

A

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.

19
Q

What are law enforcement duties relating to protective orders?

A

Serve protective orders to the abuser and enforce their terms.

Must also provide victims with resource information.

20
Q

What immunity is granted to law enforcement officers under the Texas Family Code?

A

Immunity from civil liability when acting in good faith to enforce family violence laws.

Does not extend to actions outside their authority.

21
Q

What are the penalties for family violence misdemeanors?

A

Class A misdemeanor: Up to 1 year in jail or fine up to $4,000.

Felony penalties escalate based on severity and history.

22
Q

Fill in the blank: A search warrant allows officers to search a specified location for evidence of a crime, based on _______.

A

[probable cause]

23
Q

True or False: Officers may use reasonable force to execute a search warrant.

A

True