Penal Code Flashcards
Sec. 6.01 Requirement of Voluntary Act or Omission: A person commits an offense only if he voluntarily engages in conduct, including an ____, an _______ or _______.
act, omission, possession
Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:
(1) intentional
(2) knowing
(3) reckless
(4) criminal negligence
A person acts _________, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
intentionally, or with intent
A person acts ________, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts ______, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
knowingly, or with knowledge
A person acts with ________________, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of the substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
criminal negligence
A person is ______________ 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.
criminally responsible
(a) A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
(b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt
that the offense attempted was actually committed.
15.01. CRIMINAL ATTEMPT
A person commits ______ if, with intent that a felony be committed:
(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
(2) he or one or more of them performs an overt act in pursuance of the agreement.
15.02. CRIMINAL CONSPIRACY
(a) A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.
15.03. CRIMINAL SOLICITATION
(a) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actor’s sole intent was to assume lawful control of the victim.
20.03 KIDNAPPING
(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
20.04. AGGRAVATED KIDNAPPING
(a) A person commits an offense if the person intentionally uses a motor vehicle, aircraft, or watercraft to transport an individual with the intent to:
(1) conceal the individual from a peace officer or special investigator; or
(2) flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor.
(b) Except as provided by Subsection (c), an offense under this section is a state jail felony.
(c) An offense under this section is a felony of the third degree if the actor commits the offense:
(1) for pecuniary benefit; or
(2) in a manner that creates a substantial likelihood that the transported individual will suffer serious bodily injury or death.
20.05. SMUGGLING OF PERSONS
Intentionally or knowingly causes the death of an individual
Murder
Murder of peace officer or fireman acting in lawful discharge of official duty; murder while escaping or attempting to escape from a penal institution; murder in the course of committing kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat; murder for hire; murders more than one person; murder of a child under 10 all define what?
Capital Murder
Recklessly causes the death of an individual?
Manslaughter
Causing the death of an individual with criminal negligence
Criminally Negligent Homicide
To restrict a person’s movement without consent
Restrain
To restrain a person with intent to keep them hidden defines what?
Abduct
individual, corporation, or association
Person
A person commits an offense if he intentionally or knowingly restrains another person
20.02 Unlawful Restraint
A person commits an offense if he intentionally or knowingly abducts another person?
20.03 Kidnapping
A person commits an offense if he intentionally or knowingly abducts another person with the intent to hold him for ransom or reward?
20.04 Aggravated Kidnapping
A person commits an offense if he intentionally or knowingly abducts another person with the intent to inflict bodily injury on him or violate or abuse him sexually?
20.04 Aggravated Kidnapping
A person commits an offense if the personal intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense?
20.04 Aggravated Kidnapping
A person commits an offense if the personal intentionally uses a motor vehicle, aircraft, or watercraft to transport an individual with the intent to conceal the individual from a peace officer or special investigator?
20.05 Smuggling of Persons
A person commits an offense if the personal intentionally uses a motor vehicle, aircraft, or watercraft to transport an individual with the intent to flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor?
20.05 Smuggling of Persons
A person commits an offense if the person knowingly traffics another person with the intent that the trafficked person engage in forced labor or services?
20A.02 Trafficking of Persons
A person commits an offense if, during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under 20A.02?
20A.03 Continuous Trafficking of Persons
Any contact between any part of the genitals of one person and the mouth or anus of another person?
Deviate Sexual Intercourse
Any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person?
Sexual Contact
Any penetration of the female sex organ by the male sex organ?
Sexual Intercourse
A person commits an offense if during a period that is _____ or more days in duration, the person commits ____ or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims.
30; two; 21.02 Continuous Sexual Abuse of Young Child or Children
A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex?
21.06 Homosexual Conduct
A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.
21.08 Indecent Exposure
A person commits an offense if the person intentionally or knowingly causes the penetration of the anus or sexual organ of anothe rperson by any means, without that persons consent?
22.011 Sexual Assault
Causes serious bodily injury to another including the persons spouse?
22.02 Aggravated Assault
Uses or exhibits a deadly weapon during the commission of the assault?
22.02 Aggravated Assault
Intentionally or knowingly causes the penetration of the anus or sexual organ of another personal by any means, without the person’s consent and if the victim is younger than ____ years of age.
22.021 Aggravated Sexual Assault/ 14
Intentionally or knowingly causes the penetration of the anus or sexual organ of a child by any means?
22.021 Aggravated Sexual Assault
A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual or disabled individual serious body injury?
22.04 Injury to a child, elderly individual or disabled individual
To leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability?
Abandon
A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm?
22.041 Abandoning or Endangering Child
A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury or physical or mental impairment?
22.041 Abandoning or Endangering Child
A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury?
22.05 Deadly Conduct
A person commits an offense of Deadly Conduct if he knowingly discharges a firearm at or in the direction of ____ or more individuals?
One
A person commits an offense of Deadly Conduct if he knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle and is _____ as to whether the habitation, building, or vehicle is occupied.
reckless
A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to place any person in fear of imminent serious bodily injury?
22.07 Terroristic Threat
A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies?
22.07 Terroristic Threat
22.10 Leaving a Child in a Vehicle: A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than ____ minutes, knowing that the child is younger than ____ years of age and not attended by an individual in the vehicle who is ____ years of age or older.
5, 7, 14
Being married to more than one person?
25.01 Bigamy
A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy the actor’s ancestor or descendant by blood or adoption?
25.02 Prohibited Sexual Conduct
A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy the actor’s current or former stepchild or stepparent
25.02 Prohibited Sexual Conduct
25.03 Interference with Child Custody:
A person commits an offense if the person takes or retains a child younger than ___ years of age when the person knows that the persons taking or retention violates the express terms of a judgement or order, including a temporary order, of a court disposing of the child’s custody.
18
25.031 Agreement to Abduct from Custody:
A person commits an offense if the person agrees, for remuneration or the promise of remuneration, to abduct a child younger than _______ years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control
of a person having custody or physical possession of the child under a court order or under the care and control of another person who is exercising care and control with the consent of a person having custody or physical possession under a court order.
A. 14
B. 16
C. 17
D. 18
D
25.04 Enticing A Child: A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than ____ years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.
18
An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual’s child younger than 18 years of age, or for the individual’s child who is the subject of a court order requiring the individual to support the child?
25.05 Criminal Nonsupport
A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child is younger than ______years of age and has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council or a detention center for children or is voluntarily absent from the child’s home without the consent of the child’s parent or guardian for a substantial length of time or without the intent to return.
25.06 Harboring Runaway Child; 18
25.072 Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence Case:
A person commits an offense if, during a period that is ____ months or less in duration, the person _______ times engages in conduct that constitutes an offense under section 25.07
12; two or more
A person commits an offense if he:
(1) possesses a child younger than _____ years of age or has the custody, conservatorship, or guardianship of a child younger than ____ years of age, whether or not he has actual possession of the child, and he 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 for purposes of adoption
18; 18; 25.08 Sale or Purchase of Child
A person commits an offense if the person advertises in the public media that the person will place a child for adoption or will provide or obtain a child for adoption?
25.09 Advertising for Placement of Child
A personal commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy?
28.02 Arson
- Destroys tangible property
- Tampers with tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person
- Grafitti
28.03 Criminal Mischief
A person commits an offense if, without the effective consent of the owner, the personal intentionally or knowingly makes markings, including inscriptions, slogans drawings, or paintings, on the tangible property of the owner with paint, an indelible marker or an etching or engraving device.
28.08 Graffiti
A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
29.02 Robbery
29.03 Aggravated Robbery: A person commits an offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) _____ years of age or older; or
(B) a ________ person.
65; disabled
- Without consent of owner
- Enters a habitation, or a building (or any portion of the
building with intent to commit a felony, theft, or an
assault
30.02 Burglary
It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.
Insanity
It is an affirmative defense to prosecution 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.
Duress
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.
Mistake of Fact
It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
Mistake of Law
It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.
Entrapment
In Sec 8.08 Child with Mental Illness, Disability, or Lack of Capacity – what is the meaning of child?
At least 10 years of age, younger than 17
Sec. 9.21 PUBLIC DUTY: Conduct is justified if the actor reasonably believes the conduct is _____ or _____, by the judgement or order of a competent court or other governmental tribunal, or in the execution of legal process.
required; authorized by law
Sec. 9.22 NECESSITY: Conduct is _________ if:
(1) the actor reasonably believes the conduct is
immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm
clearly outweigh, according to ordinary standards of
reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification
claimed for the conduct does not otherwise plainly appear.
justified
Criminal homicide is?
murder; capital murder; manslaughter or criminally negligent homicide
Directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation?
Sudden Passion
A parent or stepparent, ancestor, sibling or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption?
Relative
An individual, corporation or association?
Person
A human being who has been born and is alive?
Individual
To be convicted of CAPITAL MURDER, a person must intentionally commit the murder in the course of committing or attempting to commit what 7 offenses?
kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction/retaliation, terroristic threat
A person commits an offense if he intentionally or knowingly abducts another person with the intent to use him as a shield or hostage?
20.04 Aggravated Kidnapping
- “____________” means a human being who is alive, including an unborn child at every state of gestation from fertilization to birth
Individual
2. \_\_\_\_\_\_\_\_ means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. A. Possession B. Harm C. Bodily injury D. Benefit
B
3. A defendant may be prosecuted in a single criminal action for all offenses arising out of the same\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. A. Criminal attempt B. Charges C. Criminal episode D. Criminal incident
C
- What is the standard of proof in a Civil Case?
Preponderance of the evidence
- A person commits an offense only if he ____________ engages in the conduct.
Voluntarily
- The criminal standard of evidence is_________________.
Proof beyond a reasonable doubt
- Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Serious bodily injury
- A person acts ________________ with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Intentionally
- All of the following are “elements of offense” except for:
a. Unlawful conduct
b. Required result
c. Required culpability
d. The negation of any exception to the offense
a
- With regards to “Effective Consent”, consent is not effective when;
A. Induced by force
B. Given by the legal owner
C. Given by a person legally authorized to act for the owner
D. When authorized by a court of competent jurisdiction
A
11. \_\_\_\_\_ means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. A. Harm B. Criminal C. Illegal D. Unlawful
D
- All of the following are included in the definition of “Deadly Weapon” except for?
a. A firearm
b. Anything manifestly designed for the purpose of inflicting death or serious bodily injury
c. Anything made or adapted for the purpose of inflicting death or serious bodily injury
d. Anything that in the manner of its use or intended use is capable of causing harm or bodily injury.
d
- A person acts __________________ with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Knowingly
- A person who points a handgun at another person’s head and pulls the trigger with the desire to kill the victim performs the act _____.
Intentionally
15. A belief that would be held by an ordinary and prudent man in the same or similar circumstances as the actor is \_\_\_. A. Probable cause B. Justifiable belief C. Reasonable suspicion D. Reasonable belief
D
- A person may not be prosecuted for or convicted of an offense (other than perjury, aggravated perjury, or traffic offenses) that he or she committed when:
A. Younger than 14 unless juvenile court waives jurisdiction
B. Younger than 17 unless juvenile court waives jurisdiction
C. Younger than 18 unless juvenile court waives jurisdiction
D. Younger than 15 unless juvenile court waives jurisdiction
D
17. When a person agrees with another to engage in a felony offense and one of them carries out a portion of the plan amounting to an overt act, the correct charge is: A. Criminal solicitation B. Criminal conspiracy C. Criminal contempt D. The offense itself
B
- Actual care, custody, control or management is the definition of what term?
Possession
22. “\_\_\_\_\_\_\_\_” means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. A. Ownership B. Harm C. Benefit D. Profit
C
- In all criminal cases the ___________ has/have the burden of proof?
State
23. What is the highest charge that MAY be filed on Bob who intentionally tried to poison his friend Dave? The act was done without Dave’s knowledge, and Dave did not die from the poison because of medical intervention. A. Aiding suicide B. Criminal Attempted – Murder C. Manslaughter D. Solicitation of murder
B
- A person acts ________________ when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist.
Recklessly
- The culpable mental states from highest to lowest are as follows:
Intentional, Knowing, Reckless, Criminal negligence
- If the issue of the existence of a defense is submitted to the jury, the court shall charge that a/an______________ on the issue requires that the defendant be acquitted.
A. Negation of the evidence
B. preponderance of the evidence
C. Unreasonable doubt
D. Reasonable doubt
D
- 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 is the basis for which defense?
Mistake of fact
- “________ ________” means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property.
Criminal episode
29. “\_\_\_\_\_\_\_\_\_\_\_\_” means assent in fact, whether express or apparent means A. Coercion B. Benefit C. Consent D. Solicitation
C
- Misdemeanors are classified according to the relative seriousness of the offense into _______ categories.
3
- What defense to prosecution involves an actor engaged in the conduct charged because he was induced to do so by a law enforcement agent?
Entrapment
- Possession is a ________ 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.
Voluntary
- “Accomplices” to offenses (persons engaging in the same criminal scheme or course of conduct as the principle actor);
a. Must be prosecuted for the next lower offense
b. Are not treated the same as the principle offender
c. Are prosecuted only in felony cases
d. May be charged and convicted for the same offense as the principle offender
d
- Which of the following is not one of the culpable mental states that are defined in the Texas Penal Code?
a. Intentional
b. Knowing
c. Premeditated
d. Reckless
c
- No person may be convicted of an offense unless each element of the offense is proven:
a. beyond a reasonable doubt
b. beyond a shadow of a doubt
c. by a preponderance of the evidence
d. to the level of probable cause
a
- Voluntary intoxication:
a. Does not constitute a defense to the commission of crime
b. Does constitute a defense to the commission of crime
c. Must have the burden of proof
d. Must be proven beyond a reasonable doubt
a
39. An offense designated a felony in the penal code without specification as to category is a \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. A. Class A misdemeanor B. State jail felony C. 3rd degree felony D. 2nd degree felony
B
42. \_\_\_\_\_\_\_\_ exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure. (This is part of the definition of “Duress” PC 8.05). A. Entrapment B. Insanity C. Compulsion D. Harm
C
- Felonies and misdemeanors are classified according to the relative seriousness of the offense into a total of ___ categories.
8
44. P.C. 15.03 Criminal solicitation is limited to which classification(s) of offenses? A. All felonies B. All misdemeanors C. 1st and 2nd degree felonies D. Capital and 1st degree felonies
D
- Currently there is one Capital Felony offense which is:
Capital Murder
