Penal Code Flashcards
1st degree felony
Life or 5-99 with up to 10K fine
Capital felony
Life without parole
2nd degree felony
2-20yrs fine up to 10K
3rd degree
2-10yrs fine up to 10K
SJF
180d-2yrs
Fine not to exceed 10K
Class A
Fine not to exceed 4k and or 1yr or less
Class B
Fine not to exceed 2K / 180d or less
Class c
Fine not to exceed $500
A person commits an offense only if he
Voluntarily engages in conduct, including the act, omission or possession
Culpable mental states
Intentional
Knowing
Reckless
Criminal negligence
What is severance?
Whenever two or more offenses have been consolidated for a trial
If someone consciously desires to engage in certain conduct is what mental state?
Intentional
If someone is aware that his conduct is reasonably certain to cause a result is?
Knowingly
If someone is aware but consciously disregards a substantial and unjustifiable risk
Reckless
If someone ought to be aware of a substantial and unjustifiable risk that the circumstances exist or results will occur
Criminal negligence
What are the general defenses to criminal responsibility?
Insanity Mistake of fact Mistake of law Intoxication Duress Entrapment Age affecting criminal responsibility Child with mental illness, disability, or lack of capacity
Criminal attempt
One category lower than the offense attempted
Criminal conspiracy with intent to commit a felony
One category lower than the most serious felony they conspired
Criminal solicitation
1st-if offense solicited was a capital offense
2nd-if offense solicited was 1st degree
Unlawful use of pen register or trap/trace device
SJF
Murder
1st degree
Crime of passion is 2nd degree if proven
Capital murder
Capital felony
Manslaughter
2nd degree
Criminally negligent homicide
SJF
Unlawful restraint
Class A
Unless–
<17yo.=SJF
exposes Vic to BI=3*
Kidnapping
3*
Aggravated kidnapping
1
Smuggling of persons
SJF
3*
If for pecuniary gain, Vic will suffer serious BI
Continuous trafficking of persons
1*
Continuous sexual abuse of young child/children
1*
Case law regarding homosexual conduct
Lawerence v TX
Public lewdness
A
Indecent exposure
B
Indecency with a child
2* if engages in sexual contact
3* if to arouse
Improper relationship between educator and student
2*
Improper photography or visual recording
SJF
Assault
A
Unless-
3* if actor knows it’s a pub serv. On official duty, or in retaliation
Sexual assault
2*
Agg assault
2*
UNLESS
1* if:
Deadly weapon used
Aiding in suicide that is unsuccessful
C
Aiding in suicide that causes serious BI or death
SJF
Tampering with consumer product
2*
1* if serious BI or death occurs
3* if intended to cause fear, affect sale, cause BI
Leaving child in a vehicle
C
Harassment by prisoner
3*
Bigamy
3*
Agreeing to abduct a child from custody
SJF
Enticing a child
B
Or 3* if actor also intended to commit a felony against said child
Criminal non support
Not paying child support
SJF
Harboring a runaway child
A
Violating a court protective order
A
Selling or purchasing a child
3*
Advertisement for placement of child
A
Interference with the rights of guardian of the person
SJF
Continuous violence against the family
3*
Arson
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
Recklessly damaging or destroying property
C
Robbery
2*
Agg robbery
1*
Burglary
Building other than a habitation-SJF
HABITATION-2*
habitation entered to commit a felony other than felony theft-1*
Burglary of a coin operated machine
A
Burglary of a vehicle
A
UNLESS
it’s a rail at, container on a rail car, etc=SJF
Criminal trespass
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
Trespass by holder of license to carry concealed handgun
A
Theft of $200,000 +
1st degree
theft of $100,000-200,00
2nd degree
theft of $20,000 but less than $100,000
3rd degree
theft of livestock, more than 10 goats, less than $100,000 in value
3rd degree
theft of less than 10 head of goat, less than $20,000
SJF
theft of $1500 up to $20,000
SJF
theft From the person of another
SJF
theft From a corpse or grave
SJF
theft of less than $1500 but has 2 prior theft convictions
SJF
theft of a firearm
SJF
theft of Metal of at least 50% aluminum, bronze or copper, under 20K in value
SJF
theft of ballot
SJF
theft of $500-$1500
A
theft of $50-$500
B
theft of less than $50, but has a prior theft conviction
B
theft of $20-$500 by check
B
theft of less than $20, has prior theft conviction and used a check
B
theft of anothers ID
B
theft of less than $50
C
theft of less than $20, by check
C
Theft of trade secrets
3rd degree
Unauthorized use of a MV
SJF
Tampering with ID numbers
A
Tampering or theft of multichannel video or information services
C
tampering or theft of multichannel video or info service with a prior conviction of
B
Tampering or theft of multichannel video or info service with 2 prior convictions
A
Manufacture, distribute, or advertisement of multichannel video or information services
A
Sale or lease of multichannel or information services device
A
Organized retail theft
one level higher than ordinarily
Unauthorized acquisition or transfer of financial info
B
Unauthorized acquisition or transfer of financial info to a third party
A
Forgery
usually a SJF
Forgery that issues money, securities, or postage/revenue stamps
third degree
criminal simulation
A
Stealing or receiving a stolen check or sight order
A
credit or debit card abuse
SJF
Fraudulently Transferring a MV
SJF
Fraudulently transferring a MV >20K
third degree
failing to disclose the location of the vehicle on request of an owner, creditor, or lesser.
A
Issuing a bad check
C
Issuing a bad check for child support
B
Commercial Bribery
SJF
Rigging a publicly exhibited contest
A
Simulating legal process
A
Refusal to execute release of fraudulent claim
A
Deceptive prep and marketing of academic product
C
Fraudulent use or possession of identifying Information if obtained <5items
SJF
Fraudulent use or possession of identifying information if 5-10items obtained
third degree
fraudulent use or possession of identifying info if 10-50items obtained
second degree
fraudulent use or possession of identifying info if >50items obtained
first degree
Fraudulent, substandard, or fictitious degree
B
Exploitation of child, elderly, or disabled individual
third degree
Online solicitation of a minor if they communicate sexually explicit material
third degree
online solicitation of a minor if they intend to engage in sexual conduct
second degree
internet impersonation by setting up a commercial social networking sight
third degree
internet impersonation if they send out and electronic message
A
internet impersonation if they send out an electronic message that warrants emergency response
third degree felony
tampering with a voting machine
first degree
Money Laundering $1500-$19,999
SJF
Money laundering $20000-$99,999
third degree
Money laundering $100,000-$199,999
second degree
Money laundering $200,000 +
first degree
Bribery
second degree
Coercing a public servant or voter
Class A
Coercing a public servant or voter with threat to commit a felony
third degree
Improper influence
A
Obstruction or retaliation
third degree
Gifts to a public servant by a person in their jurisdiction
A
Offering gift to a public servant
A
Perjury (lying under oath)
A
Aggravated perjury
third degree
Falsifying a report to a PO
B
False report regarding a missing child
C
Tampering or fabricating physical evidence
third degree
tampering or fabricating physical evidence on a human corpse
second degree
Impersonating a public servant
third degree
False ID as a peace officer
B
Record of fraudulent court
A
Failure to identify
C
False ID
B
False ID by fugitive of justice
A
Resisting arrest or search
A
Resisting arrest or search using a deadly weapon
third degree
Evading arrest on foot
A
Evading arrest using a vehicle or watercraft
third degree
Evading arrest and causes serious bodily injury by tire deflation device or another suffers death
second degree
Hindering apprehension or prosecution
A
Hindering apprehension or prosecution if they are a felon
third degree
Escape
A
Escape from correctional facility
third degree
escape that involves bodily injury
second degree
escape causing serious BI or uses a deadly weapon
third degree
Permitting or facilitating escape
A
permitting or facilitating escape of someone from correctional facility
third degree
permitting or facilitating escape of someone while using a deadly weapon
second degree
providing implement for escape
third degree
providing implement for escape using deadly weapon
second degree
Bail jumping or FTA by felon
third degree
bail jumping or FTA on offenses punishable by fine only
C
Bail jumping or FTA on any other crime
A
Prohibited substances and items in a correctional facility or property of TDCJ
third degree
Improper contact with victim
A
improper contact with victim if after conviction
third degree
Violation of protective order based on sexual assault or abuse, stalking or trafficking
A
Unauthorized absence from community corrections facility
SJF
Barratry
A
barratry by a professional person
third degree
Falsely holding oneself out as a lawyer
third degree
Unauthorized practice of law
class A
Hindering proceedings by disorderly conduct
A
Taking a weapon from an officer
third degree
attempting to take a weapon from an officer
SJF
Interference with public duties
B
Interference with police service animal, tormenting or striking
C
Interference with police service animal, throwing object at them
B
interference with police service animal by obstructing the handler, letting the animal loose, or entering area of control without permission
A
interference with police service animal engaging in conduct that will likely injure the animal
SJF
interference with police service animal which kills the animal
second degree
preventing execution of civil process
c
Failure to stop or report aggravated sexual assault of a child
A
Failure to report felony
A
misuse of accident report information
B
Failure to report death
B
Misusing official information
third degree
disorderly conduct
C
Disorderly conduct-discharging/displaying a firearm
B
Rioting
B
Obstructing a highway or other passageway
B
disrupting a meeting or procession
B
Disrupting a funeral
B
False alarm or report
A
False report of an emergency involving public schools or public infrastructure
SJF
silent or abusive calls to 911 service
B
interference with emergency electronic communication
class A
Harassment
B
Stalking first offense
third degree felony
stalking 2nd+ offense
second degree felony
Abuse of a corpse
A
cruelty to livestock by abandonment or neglect or cruel transport
A
Cruelty to livestock by poisoning, fighting, tripping a horse, or torturing
SJF
Attack on assistance animal
Attack-A
Injure-SJF
Kill-third degree
cruelty to non livestock animals, neglect, abandon, transport in cruel manner, seriously over works
A
cruelty to non livestock animals by poisoning, using as lure, killing, causing serious bi, or torture
SJF
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
SJF
Dog fighting-owning a dog with intent to fight, spectator, possess dog fighting equipment
A
Destruction of a flag
A
Discharging a firearm in municipalities >100,000
A
Use of laser pointers
C
Illumination of aircraft by intense light
C
