Penal Code Flashcards
3 Elements of Criminal Law
Actus reus/criminal act, mens rea/required mental element, punishment/must be proscribed by law.
Effect of the Code? Conduct not criminal unless…
it is defined as such by law – statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under statute
Does penal code affect civil remedies?
No.
When does Texas have jurisdiction?
The conduct/result occurs in this state
Conduct outside the states constitutes an attempt to commit an offense in this state.
Conduct constitutes a conspiracy to commit an offense in the state
Conspiracy, attempt or solicitation to commit an offense in another jurisdiction that is also a violation in this state.
If a body is found in Texas…
we assume it occurred here.
An offense by omission imposed by law is committed…
inside the state regardless of the location of the actor.
Age Definition
A person attains a specified age on the anniversary of his birthdate.
Act
A bodily movement whether voluntary or involuntary and includes speech.
Actor
Suspect
Agency
Authority, board, bureau, commission, council, etc.
Alcoholic Beverage
meaning assigned by section 1.04 Alcoholic Beverage Code
Another
A person OTHER than the actor.
Association
Government agency, trust, or two or more persons having a joint economic interest.
Benefit
Anything reasonably regarded as an economic gain.
Bodily Injury
Physical pain, illness or impairment of physical condition
Coercion
A threat to (a) commit an offense (b) inflict bodily injury in the future (c) accuse of an offense (d) expose person to hatred, contempt or ridicule (e) harm credit/business repute of the person/business (f) take/withhold action as a public servant (or cause public servant to do so)
Corporation
Non-Profit corporations, professional associations created pursuant to statute, and joint stock companies.
Correctional Facility
A place designated by law for confinement of a person arrested for, charged with, or convicted of a criminal offense.
Criminal Negligence
As defined in 6.03 (Culpable Mental State)
Dangerous Drug
Has meaning assigned by section 483.001 Health and Safety Code.
Deadly Weapon
A firearm or anything designed, made or adapted for purpose of inflicting death or serious bodily injury. (B) anything that in the manner of its use/intended use is capable of causing death or serious bodily injury.
Drug
Has meaning assigned by section 483.002 Health and Safety Code.
Effective consent
Includes consent by a person legally authorized to act for the owner. Not effective if (A) induced by force, threat or fraud; (B) given by a person actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or (E) given solely to detect the commission of an offense.
Electric generating plant
A facility that generates electric energy
Consent
Assent in fact, whether express or apparent.
Conduct
An act/omission and its accompanying mental state.
Controlled Substance
Meaning assigned by section 481.002 of Health and Safety Code.
Person
An individual, corporation or association.
Electric Utility Substation
A facility used to change or switch voltage in conjunction with the transmission of electrical energy to the public.
Element of offense
(A) Forbidden conduct (B) required culpability (C) any required result (D) negation of any exception to the offense.
Felony
Any offense punishable by death or confinement in a penitentiary.
Government
The state, county, municipality, political subdivisions.
Harm
Loss, disadvantage…
Individual
Human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
Intentional
Is defined in section 6.03 (Culpable Mental States)
Knowing
Is defined in section 6.03 (Culpable Mental States)
Law
Constitution or a statute of this state or the United States; a written opinion of a court of record; a municipal ordinance; an order of a county commissioners court; or a rule authorized by and lawfully adopted under a statute.
Misdemeanor
Punishable by fine or confinement in jail.
Oath
Includes affirmation.
Official proceeding
Any time of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant.
Omission
Failure to Act
Owner
Has title to property; possession (lawful or not); or greater right to possession to property than the actor; holder in due course of a negotiable instrument.
Peace officer
person elected, employed or appointed as a peace officer.
Penal institution
A place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.
Person
An individual, corporation or association.
Serious Bodily Injury
Injury that causes death or serious risk of death, or protracted loss/impairment of the function of a bodily member or organ.
Possession
Actual care, custody, control or management.
Public place
A place where the public or substantial group of the public has access.
Public Servant
A person elected, hired, etc as one of the following even if not yet qualified: an officer, employee or agent of government; a juror (or grand juror); arbitrator, judge, referee; attorney at law or notary public when performing in a government official function; candidate; person performing a government function under a claim of right even if not qualified to do so.
Reasonable belief
Belief that would be held by an ordinary and prudent man in the same circumstances by the actor.
Reckless
Defined in 6.03.
Rule
Includes regulation.
Secure Correctional Facility
Municipal/County Jail, Correctional Facility operated by or contracted by the Texas Department of Criminal Justice.
Sight order
A written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time. (Check, electronic debit, or automatic bank draft)
Federal special investigator
Includes person in article 2.122 of Code of Criminal Procedure.
Swear
To affirm
Unlawful
Criminal or tortious or both including what would be criminal BUT for a defense not amounting to justification or privilege.
Death
Includes the failure to be born alive.
Burden of Proof for a Criminal Trial?
Proof beyond a reasonable doubt.
What is an Exception to Offense?
Excuses criminal conduct.
What is a DEFENSE?
Excuse, basically. Defenses are labeled and evidence must be submitted by the defense to provide the defense beyond a reasonable doubt.
What is Affirmative Defense?
Are labeled and must be proven by the defense by a preponderance of the evidence.
Difference between DEFENSE and AFFIRMATIVE DEFENSE?
Defense - Beyond reasonable doubt…Affirmative Defense - proven by a preponderance of the evidence.
Presumption
Assume a fact exists. (example: police officer wearing a uniform and badge is assumed to be a police officer)
Criminal Episode
Commission of 2 or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property under the following: (1) the offenses are committed pursuant to the same transaction pr two or more transactions that are connected or constitute a common scheme or plan or (2) the offenses are the repeated commission of the same or similar offenses.
Consolidation and Joinder of Prosecutions
May be prosecuted in a single criminal action for all offenses. If convicted, sentences shall run concurrently except intox. manslaughter or assault, indecently w/chile, sex assault, agg sex assault, compelling prostitution, improper photos, child porn, injury to child or elderly. Defendant shall have a right to a severance of the offenses.
What is a Party to an Offense?
Criminal responsible as a party to an offense if it is conducted by his own conduct, by the conduct of another for which he is criminally responsible, or both.
What is Criminal Responsibility for Another?
If he has culpability and aides/causes another innocent person to commit an offense or FAILS TO PREVENT an offense if he has a duty to do so. If the actors conspire to commit one felony but actually commit another, they are guilty of the crime committed regardless of their specific intent.
Defenses Excluded
If it is shown that the offense is committed, it is NO defense that the actor is in a class of people legally incapable of committing the offense. NOR it is a defense that the other party has been acquitted or prosecuted for a different offense.
Corporations/Associations
If you commit a crime on behalf of your corporation, the corporation is criminally responsible for an offense.
