Penal Code Flashcards
(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
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
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
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
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 videotapes an 18-year old taking a shower without her consent. This is done for his sexual desire. The correct charge would be:
A. Indecency with a child
B. Improper photography or visual recording
C. Possession of child pornography
D. Indecent exposure
B
3. If a person recklessly causes the death of an individual. The correct charge is: A. Criminally negligent homicide B. Reckless endangerment C. Murder D. Manslaughter
D
- The offense of _____________states that a person commits an offense if he intentionally or knowingly abducts another person with the intent to hold him for ransom or reward. The correct charge is:
Aggravated kidnapping
- A person commits ___________ if he intentionally or knowingly causes the death of a fifteen year-old child.
Murder
- P.C. Sec. 22.01, Assault, states that a person commits an offense if the person; (The most correct answer is):
a. Intentionally or knowingly causes bodily injury to another
b. Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse
c. Intentionally, knowingly, or recklessly causes serious bodily injury to another, including the person’s spouse
d. Intentionally, knowingly, or recklessly causes bodily injury to another, excluding the person’s spouse
b
7. P.C. Sec. 21.11, Indecency with a child, is focused only on the crime being committed against victim(s): A. Younger than 17 B. 17 or younger C. Younger than 21 D. 18 or younger
A
- P.C. Sec. 22.011, Sexual Assault, states; a person commits an offense if the person intentionally or knowingly;
a. Causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
b. Causes the sexual organ of the minor to contact or penetrate the mouth, anus, or sexual organ of another person, excluding the actor.
c. Causes the sexual parts of the actor to contact or penetrate the sexual organ of the minor.
d. Causes any organ of the child to contact or penetrate any organ, anus, or mouth of the other person, including the actor.
a
- According to P.C. Sec. 20.01, Definitions, “Abduct” means to restrain a person with intent to prevent his liberation by;
A. Deception
B. Intimidation or coercion
C. Using or threatening to use deadly force
D. None of the above
C
10. What offense deals with any person causing a reaction of any type to his threat by an official agency organized to deal with emergencies? (For example, threatening to explode a bomb at a public function.) A. Deadly conduct B. Assault C. Terroristic threats D. Aggravated assault
C
- If a person abducts another with intent to interfere with the performance of government, it is
a. Aggravated kidnapping
b. Kidnapping
c. False imprisonment
d. Unlawful restraint
a
- Engaging in an act of sexual intercourse in a public place is
Public lewdness
- During a period of six weeks, Joey harbors a 16 year old runaway at his house. During this time he drugs the runaway and sells her body. Multiple friends and persons in his neighborhood have sex with her in exchange for money. This is done against her will and in most cases, she is unconscious. The most correct charge for Joey would be?
a. Harboring a runaway
b. Aggravated sexual assault
c. Continuous trafficking of persons
d. Promotion of prostitution
c
- In which of the following circumstances would an individual be charged with aggravated assault?
a. A person knowingly causes physical contact with another person when the actor knows that the other will regard the contact as offensive
b. The actor exhibits a deadly weapon during the commission of assault
c. An actor hits his spouse with his fists and causes a “black eye”
d. An actor hits her husband, but leaves no visible injury
b
15. When an actor causes the penetration of the anus or sexual organ of another person by any means without the person’s consent, which offense has been committed in the state of Texas? A. Assault B. Rape C. Aggravated sexual assault D. Sexual assault
D
16. “\_\_\_\_\_\_\_\_” means anything; the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made or adapted for use in the commission of an offense. A. Unlawful instrument B. Criminal instrument C. Criminal solicitation D. Deadly weapon
B
- A man is arrested for Public Intoxication and placed in the backseat of a patrol vehicle. While exiting the vehicle at the jail, the man spits on the officer’s face causing him to jump back. In addition to PI, what is the most correct offense the officer should charge?
a. Assault
b. Indecent exposure
c. Harassment
d. Harassment of public servant
d
- There are ________ classifications of criminal homicide in Texas
4
- A person uses a hostage as a shield while escaping from a burglary. Which of the following offense best fits this course of conduct?
a. Kidnapping
b. Aggravated kidnapping
c. Terroristic threats
d. Deadly conduct
b
- __________ means “cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection”.
Adequate cause
22. A person takes money to transport an individual in a manner that conceals the individual from authorities and creates a likelihood that the individual will suffer serious bodily injury or death during that transportation. The correct charge is: A. Trafficking of persons B. Smuggling of persons C. Unlawful trafficking D. Criminally negligent transport
B
23. A person who has custody, care, and control of a child younger than \_\_\_\_\_ years commits an offense if he or she intentionally abandons the child in any place under circumstances that expose a child to an unreasonable risk of harm. A. 10 B. 17 C. 14 D. 15
D
- A divorced non-custodial father takes his 14-year-old daughter out of the state to live, therefore violating the terms of his divorce decree. The correct charge for the father is:
Interference with child custody
- According to P.C. Sec 25.06, Harboring a runaway child, a child is a person younger than ____ years of age.
18
28. \_\_\_\_\_\_\_\_ means “to transport another person or to entice, recruit, harbor, provide, or otherwise obtain another person for transport by deception, coercion or force”. A. Forced labor B. Unlawful restraint C. Traffic D. Kidnapping
C
- P.C. Sec. 22.10, Leaving a Child in a Vehicle, states; 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
