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CPD ACADEMY > Penal Code > Flashcards

Penal Code Flashcards

0
Q

1st degree felony

A

Life or 5-99 with up to 10K fine

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1
Q

Capital felony

A

Life without parole

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2
Q

2nd degree felony

A

2-20yrs fine up to 10K

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3
Q

3rd degree

A

2-10yrs fine up to 10K

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4
Q

SJF

A

180d-2yrs

Fine not to exceed 10K

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5
Q

Class A

A

Fine not to exceed 4k and or 1yr or less

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6
Q

Class B

A

Fine not to exceed 2K / 180d or less

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7
Q

Class c

A

Fine not to exceed $500

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8
Q

A person commits an offense only if he

A

Voluntarily engages in conduct, including the act, omission or possession

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9
Q

Culpable mental states

A

Intentional
Knowing
Reckless
Criminal negligence

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10
Q

What is severance?

A

Whenever two or more offenses have been consolidated for a trial

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11
Q

If someone consciously desires to engage in certain conduct is what mental state?

A

Intentional

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12
Q

If someone is aware that his conduct is reasonably certain to cause a result is?

A

Knowingly

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13
Q

If someone is aware but consciously disregards a substantial and unjustifiable risk

A

Reckless

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14
Q

If someone ought to be aware of a substantial and unjustifiable risk that the circumstances exist or results will occur

A

Criminal negligence

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15
Q

What are the general defenses to criminal responsibility?

A 
Insanity
Mistake of fact
Mistake of law
Intoxication
Duress
Entrapment
Age affecting criminal responsibility
Child with mental illness, disability, or lack of capacity
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16
Q

Criminal attempt

A

One category lower than the offense attempted

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17
Q

Criminal conspiracy with intent to commit a felony

A

One category lower than the most serious felony they conspired

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18
Q

Criminal solicitation

A

1st-if offense solicited was a capital offense

2nd-if offense solicited was 1st degree

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19
Q

Unlawful use of pen register or trap/trace device

A

SJF

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20
Q

Murder

A

1st degree

Crime of passion is 2nd degree if proven

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21
Q

Capital murder

A

Capital felony

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22
Q

Manslaughter

A

2nd degree

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23
Q

Criminally negligent homicide

A

SJF

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24
Q

Unlawful restraint

A

Class A
Unless–
<17yo.=SJF
exposes Vic to BI=3*

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25
Q

Kidnapping

A

3*

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26
Q

Aggravated kidnapping

A

1

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27
Q

Smuggling of persons

A

SJF

3*
If for pecuniary gain, Vic will suffer serious BI

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28
Q

Continuous trafficking of persons

A

1*

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29
Q

Continuous sexual abuse of young child/children

A

1*

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30
Q

Case law regarding homosexual conduct

A

Lawerence v TX

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31
Q

Public lewdness

A

A

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32
Q

Indecent exposure

A

B

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33
Q

Indecency with a child

A

2* if engages in sexual contact

3* if to arouse

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34
Q

Improper relationship between educator and student

A

2*

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35
Q

Improper photography or visual recording

A

SJF

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36
Q

Assault

A

A
Unless-
3* if actor knows it’s a pub serv. On official duty, or in retaliation

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37
Q

Sexual assault

A

2*

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38
Q

Agg assault

A

2*
UNLESS
1* if:
Deadly weapon used

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39
Q

Aiding in suicide that is unsuccessful

A

C

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40
Q

Aiding in suicide that causes serious BI or death

A

SJF

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41
Q

Tampering with consumer product

A

2*

1* if serious BI or death occurs

3* if intended to cause fear, affect sale, cause BI

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42
Q

Leaving child in a vehicle

A

C

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43
Q

Harassment by prisoner

A

3*

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44
Q

Bigamy

A

3*

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45
Q

Agreeing to abduct a child from custody

A

SJF

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46
Q

Enticing a child

A

B

Or 3* if actor also intended to commit a felony against said child

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47
Q

Criminal non support

Not paying child support

A

SJF

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48
Q

Harboring a runaway child

A

A

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49
Q

Violating a court protective order

A

A

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50
Q

Selling or purchasing a child

A

3*

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51
Q

Advertisement for placement of child

A

A

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52
Q

Interference with the rights of guardian of the person

A

SJF

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53
Q

Continuous violence against the family

A

3*

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54
Q

Arson

A

2*

1* if BI less than death is suffered by a person or intended target was a habitation or church

SJF-if only reckless damage occurs

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55
Q

Recklessly damaging or destroying property

A

C

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56
Q

Robbery

A

2*

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57
Q

Agg robbery

A

1*

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58
Q

Burglary

A

Building other than a habitation-SJF

HABITATION-2*

habitation entered to commit a felony other than felony theft-1*

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59
Q

Burglary of a coin operated machine

A

A

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60
Q

Burglary of a vehicle

A

A

UNLESS
it’s a rail at, container on a rail car, etc=SJF

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61
Q

Criminal trespass

A

C-without express consent, ag land, within 100ft of boundary
B-without effective consent, failed to depart after being told
A-carried a deadly weapon and entered a structure

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62
Q

Trespass by holder of license to carry concealed handgun

A

A

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63
Q

Theft of $200,000 +

A

1st degree

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64
Q

theft of $100,000-200,00

A

2nd degree

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65
Q

theft of $20,000 but less than $100,000

A

3rd degree

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66
Q

theft of livestock, more than 10 goats, less than $100,000 in value

A

3rd degree

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67
Q

theft of less than 10 head of goat, less than $20,000

A

SJF

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68
Q

theft of $1500 up to $20,000

A

SJF

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69
Q

theft From the person of another

A

SJF

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70
Q

theft From a corpse or grave

A

SJF

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71
Q

theft of less than $1500 but has 2 prior theft convictions

A

SJF

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72
Q

theft of a firearm

A

SJF

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73
Q

theft of Metal of at least 50% aluminum, bronze or copper, under 20K in value

A

SJF

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74
Q

theft of ballot

A

SJF

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75
Q

theft of $500-$1500

A

A

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76
Q

theft of $50-$500

A

B

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77
Q

theft of less than $50, but has a prior theft conviction

A

B

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78
Q

theft of $20-$500 by check

A

B

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79
Q

theft of less than $20, has prior theft conviction and used a check

A

B

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80
Q

theft of anothers ID

A

B

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81
Q

theft of less than $50

A

C

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82
Q

theft of less than $20, by check

A

C

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83
Q

Theft of trade secrets

A

3rd degree

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84
Q

Unauthorized use of a MV

A

SJF

85
Q

Tampering with ID numbers

A

A

86
Q

Tampering or theft of multichannel video or information services

A

C

87
Q

tampering or theft of multichannel video or info service with a prior conviction of

A

B

88
Q

Tampering or theft of multichannel video or info service with 2 prior convictions

A

A

89
Q

Manufacture, distribute, or advertisement of multichannel video or information services

A

A

90
Q

Sale or lease of multichannel or information services device

A

A

91
Q

Organized retail theft

A

one level higher than ordinarily

92
Q

Unauthorized acquisition or transfer of financial info

A

B

93
Q

Unauthorized acquisition or transfer of financial info to a third party

A

A

94
Q

Forgery

A

usually a SJF

95
Q

Forgery that issues money, securities, or postage/revenue stamps

A

third degree

96
Q

criminal simulation

A

A

97
Q

Stealing or receiving a stolen check or sight order

A

A

98
Q

credit or debit card abuse

A

SJF

99
Q

Fraudulently Transferring a MV

A

SJF

100
Q

Fraudulently transferring a MV >20K

A

third degree

101
Q

failing to disclose the location of the vehicle on request of an owner, creditor, or lesser.

A

A

102
Q

Issuing a bad check

A

C

103
Q

Issuing a bad check for child support

A

B

104
Q

Commercial Bribery

A

SJF

105
Q

Rigging a publicly exhibited contest

A

A

106
Q

Simulating legal process

A

A

107
Q

Refusal to execute release of fraudulent claim

A

A

108
Q

Deceptive prep and marketing of academic product

A

C

109
Q

Fraudulent use or possession of identifying Information if obtained <5items

A

SJF

110
Q

Fraudulent use or possession of identifying information if 5-10items obtained

A

third degree

111
Q

fraudulent use or possession of identifying info if 10-50items obtained

A

second degree

112
Q

fraudulent use or possession of identifying info if >50items obtained

A

first degree

113
Q

Fraudulent, substandard, or fictitious degree

A

B

114
Q

Exploitation of child, elderly, or disabled individual

A

third degree

115
Q

Online solicitation of a minor if they communicate sexually explicit material

A

third degree

116
Q

online solicitation of a minor if they intend to engage in sexual conduct

A

second degree

117
Q

internet impersonation by setting up a commercial social networking sight

A

third degree

118
Q

internet impersonation if they send out and electronic message

A

A

119
Q

internet impersonation if they send out an electronic message that warrants emergency response

A

third degree felony

120
Q

tampering with a voting machine

A

first degree

121
Q

Money Laundering $1500-$19,999

A

SJF

122
Q

Money laundering $20000-$99,999

A

third degree

123
Q

Money laundering $100,000-$199,999

A

second degree

124
Q

Money laundering $200,000 +

A

first degree

125
Q

Bribery

A

second degree

126
Q

Coercing a public servant or voter

A

Class A

127
Q

Coercing a public servant or voter with threat to commit a felony

A

third degree

128
Q

Improper influence

A

A

129
Q

Obstruction or retaliation

A

third degree

130
Q

Gifts to a public servant by a person in their jurisdiction

A

A

131
Q

Offering gift to a public servant

A

A

132
Q

Perjury (lying under oath)

A

A

133
Q

Aggravated perjury

A

third degree

134
Q

Falsifying a report to a PO

A

B

135
Q

False report regarding a missing child

A

C

136
Q

Tampering or fabricating physical evidence

A

third degree

137
Q

tampering or fabricating physical evidence on a human corpse

A

second degree

138
Q

Impersonating a public servant

A

third degree

139
Q

False ID as a peace officer

A

B

140
Q

Record of fraudulent court

A

A

141
Q

Failure to identify

A

C

142
Q

False ID

A

B

143
Q

False ID by fugitive of justice

A

A

144
Q

Resisting arrest or search

A

A

145
Q

Resisting arrest or search using a deadly weapon

A

third degree

146
Q

Evading arrest on foot

A

A

147
Q

Evading arrest using a vehicle or watercraft

A

third degree

148
Q

Evading arrest and causes serious bodily injury by tire deflation device or another suffers death

A

second degree

149
Q

Hindering apprehension or prosecution

A

A

150
Q

Hindering apprehension or prosecution if they are a felon

A

third degree

151
Q

Escape

A

A

152
Q

Escape from correctional facility

A

third degree

153
Q

escape that involves bodily injury

A

second degree

154
Q

escape causing serious BI or uses a deadly weapon

A

third degree

155
Q

Permitting or facilitating escape

A

A

156
Q

permitting or facilitating escape of someone from correctional facility

A

third degree

157
Q

permitting or facilitating escape of someone while using a deadly weapon

A

second degree

158
Q

providing implement for escape

A

third degree

159
Q

providing implement for escape using deadly weapon

A

second degree

160
Q

Bail jumping or FTA by felon

A

third degree

161
Q

bail jumping or FTA on offenses punishable by fine only

A

C

162
Q

Bail jumping or FTA on any other crime

A

A

163
Q

Prohibited substances and items in a correctional facility or property of TDCJ

A

third degree

164
Q

Improper contact with victim

A

A

165
Q

improper contact with victim if after conviction

A

third degree

166
Q

Violation of protective order based on sexual assault or abuse, stalking or trafficking

A

A

167
Q

Unauthorized absence from community corrections facility

A

SJF

168
Q

Barratry

A

A

169
Q

barratry by a professional person

A

third degree

170
Q

Falsely holding oneself out as a lawyer

A

third degree

171
Q

Unauthorized practice of law

A

class A

172
Q

Hindering proceedings by disorderly conduct

A

A

173
Q

Taking a weapon from an officer

A

third degree

174
Q

attempting to take a weapon from an officer

A

SJF

175
Q

Interference with public duties

A

B

176
Q

Interference with police service animal, tormenting or striking

A

C

177
Q

Interference with police service animal, throwing object at them

A

B

178
Q

interference with police service animal by obstructing the handler, letting the animal loose, or entering area of control without permission

A

A

179
Q

interference with police service animal engaging in conduct that will likely injure the animal

A

SJF

180
Q

interference with police service animal which kills the animal

A

second degree

181
Q

preventing execution of civil process

A

c

182
Q

Failure to stop or report aggravated sexual assault of a child

A

A

183
Q

Failure to report felony

A

A

184
Q

misuse of accident report information

A

B

185
Q

Failure to report death

A

B

186
Q

Misusing official information

A

third degree

187
Q

disorderly conduct

A

C

188
Q

Disorderly conduct-discharging/displaying a firearm

A

B

189
Q

Rioting

A

B

190
Q

Obstructing a highway or other passageway

A

B

191
Q

disrupting a meeting or procession

A

B

192
Q

Disrupting a funeral

A

B

193
Q

False alarm or report

A

A

194
Q

False report of an emergency involving public schools or public infrastructure

A

SJF

195
Q

silent or abusive calls to 911 service

A

B

196
Q

interference with emergency electronic communication

A

class A

197
Q

Harassment

A

B

198
Q

Stalking first offense

A

third degree felony

199
Q

stalking 2nd+ offense

A

second degree felony

200
Q

Abuse of a corpse

A

A

201
Q

cruelty to livestock by abandonment or neglect or cruel transport

A

A

202
Q

Cruelty to livestock by poisoning, fighting, tripping a horse, or torturing

A

SJF

203
Q

Attack on assistance animal

A

Attack-A
Injure-SJF
Kill-third degree

204
Q

cruelty to non livestock animals, neglect, abandon, transport in cruel manner, seriously over works

A

A

205
Q

cruelty to non livestock animals by poisoning, using as lure, killing, causing serious bi, or torture

A

SJF

206
Q

Dog fighting-causing a dog to fight, making profit or operating a facility for dog fighting, permits another to use real estate for dog fighting

A

SJF

207
Q

Dog fighting-owning a dog with intent to fight, spectator, possess dog fighting equipment

A

A

208
Q

Destruction of a flag

A

A

209
Q

Discharging a firearm in municipalities >100,000

A

A

210
Q

Use of laser pointers

A

C

211
Q

Illumination of aircraft by intense light

A

C

CPD ACADEMY (4 decks)

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