Penal Code Flashcards
means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest
Association
means 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 by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft.
Sight order
(a) A defense to prosecution for an offense in this code is so labeled by the phrase: “It is a defense to prosecution . . . .”
(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.
DEFENSE
means the constitution or a statute of this state or of 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.
Law
means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument.
Owner
means 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
includes affirm
Swear
includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) induced by force, threat, or fraud;
(B) given by a person the 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
(D) given solely to detect the commission of an offense.
Effective consent
includes authority, board, bureau, commission, committee, council, department, district, division, and office
Agency
means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.
Public servant
means physical pain, illness, or any impairment of physical condition.
Bodily injury
means an act or omission and its accompanying mental state.
Conduct
a) Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute.
(b) The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise; however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code.
(c) This code does not bar, suspend, or otherwise affect a right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this code defines as an offense, and the civil injury is not merged in the offense.
EFFECT OF CODE
means a facility that generates electric energy for distribution to the public.
Electric generating plant
(b) If the offense is criminal homicide, a “result” is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred.
TERRITORIAL JURISDICTION
Part B
A person commmits an offense if he recklessly causes the death of an individual.
felony of the second degree
MANSLAUGHTER
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Deadly weapon
means actual care, custody, control, or management.
Possession
(d) This state includes the land and water and the air space above the land and water over which this state has power to define offenses.
TERRITORIAL JURISDICTION
Part D
(a) An affirmative defense in this code is so labeled by the phrase: “It is an affirmative defense to prosecution . . . .”
(b) The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.
(c) The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence.
AFFIRMATIVE DEFENSE
A) the forbidden conduct;
(B) the required culpability;
(C) any required result; and
(D) the negation of any exception to the offense.
Element of offense
means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth
Individual
means a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened or another;
(C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.
Coercion
(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.(c)
a felony of the third degree.
KIDNAPPING
means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
Benefit
means assent in fact, whether express or apparent.
Consent
means a person other than the actor.
Another
means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.
Penal institution
means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Public place
means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:
(A) a municipal or county jail;
(B) a confinement facility operated by the Texas Department of Criminal Justice;
(C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and
(D) a community corrections facility operated by a community supervision and corrections department.
Correctional facility
means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
Reasonable belief
means a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public.
Electric utility substation
(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.
(b) Possession is a voluntary 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.
(c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.
REQUIREMENT OF VOLUNTARY ACT OR OMISSION
means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law.
Peace officer
A person attains a specified age on the day of the anniversary of his birthdate.
COMPUTATION OF AGE
includes affirmation
Oath
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.
(c) Except as provided by Subsection
(d) , an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place.
If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
AGGRAVATED KIDNAPPING
means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
Official proceeding
(A) a municipal or county jail; or
(B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice.
Secure correctional facility
means a bodily movement, whether voluntary or involuntary, and includes speech
Act
means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
Unlawful
(a) An exception to an offense in this code is so labeled by the phrase: “It is an exception to the application of . . . .”
(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant’s conduct does not fall within the exception.
(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.
EXCEPTION of PROOF BEYOND A REASONABLE DOUB
means failure to act
Omission
means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
Harm
includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies.
Corporation
has the meaning assigned by Section 481.002, Health and Safety Code.
Controlled substance
(c) An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense.
TERRITORIAL JURISDICTION
Part C
means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.
Misdemeanor
includes, for an individual who is an unborn child, the failure to be born alive.
Death
includes regulation
Rule
A person commits an offense if he causes the death of an individual by criminal negligence.
a state jail felony
CRIMINALLY NEGLIGENT HOMICIDE
The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.
OBJECTIVES OF CODE
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.
PROOF BEYOND A REASONABLE DOUBT
means an individual, corporation, or association
Person
This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:
(1) either the conduct or a result that is an element of the offense occurs inside this state;
(2) the conduct outside this state constitutes an attempt to commit an offense inside this state;
(3) the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state; or
(4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.
TERRITORIAL JURISDICTION
part A
means a person whose criminal responsibility is in issue in a criminal action. Whenever the term “suspect” is used in this code, it means “…”
ACTOR
means an offense so designated by law or punishable by death or confinement in a penitentiary
Felony
A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision.
Government
Association
means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest
Sight order
means 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 by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft.
