Penal Code Flashcards
Two people of the same sex kissing in public.
No offense
Define intentionally
Person acts with intent with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result
intentionally causing damage to property without consent
28.03 Criminal Mischief
if theft takes the purse of a 65 year old
Aggravated Robbery 29.03 F1
gives an officer right name but wrong date of birth
38.02 Failure to Identify MB
Define deadly weapon
a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury: or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Stealing a credit/debit card(expired or not)
32.31 Credit card or Debit card abuse
Retains a child younger than 18 knowing it violates express terms of judgement
25.03 interference with child custody
preventing a writ from being served in a civil case
38.15 interference with public duties
intentionally or knowingly abducts another person
20.03 kidnapping
Threatens to explode a bomb
22.07 Terroristic threats MB
Uses a hostage as a shield
20.04 aggrevated kidnapping f1
someone being held down against their will
20.02 MA unlawful restraint
Theft with serious bodily injury
29.03 aggravated robbery f1
Deviate sexual intercourse
21.07 (a) (1) means any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.
Knowingly causing the death of another
10.02 (b) (1) Murder f1
Define both parts of deadly conduct
22.05
A person commits an offense if he recklessly engages in conduct that places another in imminent danger of SBI.
A person commits an offense if he knowingly discharges a firearm at or in the direction of.
Entry needed for burglary of a vehicle
A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft. 30.04 Burglary of vehicles.
is voluntary intoxication a valid defense to prosecution?
8.04 (a) voluntary intoxication does not constitute a defense to the commission of crime.
Define retaliation
an act of revenge 36.06
Criminally responsible as a party to an offense means
7.01 If the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.
Whats the charge if a sergeant make unwanted sexual advances towards a subordinate officer?
39.03 Official Oppression - “sexual harassment” -unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person’s exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly. Misdemeanor A.
Consensual sex between adopted siblings
- 02 Prohibited sexual conduct is a felony in the third degree.
- 02 Prohibited sexual conduct is a felony in the third degree.
participate in earnings of a gambling place
47.03 MA Gambling Promotion
recklessly detonating a bomb without consent and with the intent to destroy a building
28.02 f2 arson
Penetration of the anus or female sex organ of an adult human without consent
22.011 F2 Sexual Assault
to enter a building not open to the public and without consent, then stacks items with intent to steal them
30.02 Burglary SJF
Pimp manages 2 people (1 male an 1 female)
43.04 F1 Aggravted Promotion of Prostitution
the transport of a person with the intent to engage in forced services
20A.02 F2 trafficking of persons
Affirmative Defense
2.04 An affirmative defense is one which provides a defense without negating an essential element of the crime charged. To establish an affirmative defense the defendant must place before the jury sufficient proof to generate a jury instruction on the particular defense theory sought.
Punishment Ladder
Pg.112 felonies of the first degree, felonies of the second degree, felonies of the third degree, state jail felonies, Class A misdemeanors; Class B misdemeanors; Class C misdemeanors.
Theft Ladder
31.03 Class C – Value less than $100. Class B - value of the property stolen is $100 or more but less than $750, the value of the property stolen is less than $100 and has previous theft conviction; or the property stolen is a DL, CDL, or personal identification certificate issued by this state or another state; Class A - value of the property stolen is $750 or more but less than $2,500. SJF - value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000. The property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker. The property stolen is a firearm, as defined by Section 46.01. the value of the property stolen is less than $ 2,500 and previous conviction two or more times of any theft. The property stolen is an official ballot or official carrier envelope for an election. The value of the property stolen is less than $ 20,000 and the property stolen is: aluminum, bronze, copper, brass. Felony 3 - $30,000 or more but less than $150,000. Controlled substances having a value of less than $150,000 are stolen from commercial buildings, including pharmacies, hospital nursing facilities, and warehouses. Vehicle owned and operated by a wholesale distributor. Cattle, horse, exotic livestock, or fowl with value of less than $150,000. 10 or sheep, swine, or goats with value of less than $150,000. Felony 2 - $150,000 or more but less than $ 300,000. the value of the property stolen is less than $ 300,000 and the property stolen is an atm or the contents or components of an atm. Felony 1 - if the value of the property stolen is $ 300,000 or more.
Block and entry way and refusing to leave the property when asked to do such
42.03 MB Pg.233 Obstructing Highway or Other passageway
Entry needed for burglary of a habitation
30.02 (b) for purposes of this section, “enter” means to intrude. (1) any part of the body; or (2) any physical object connected with the body.
Barrel Length Rifle-
Shotgun-
Rifle-16in Shotgun-18in
3 or more persons acting together under the same identifying sign to commit criminal acts
MA 71.02 Engaging in Criminal Activity
Define Riot
MB Participate in assemblage of seven or more persons
Burden of proof
2.01 Proof Beyond a Reasonable Doubt
All persons are presumed to be innocent and no 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.
Some dies on a ride at the fair. The operator is intoxicated. What is the proper charge?
49.08 Intoxication Manslaughter F2
Interruption of a water supply falls under what statue? Penalty Group?
28.03 Criminal Mischief MA
What is the proper charge if someone kills a pregnant woman and her unborn child?
19.03 Capital Murder, Capital Felony
Define government record
anything belonging to, received by, or kept by government for information, including a court record; anything required by law to be kept by others for information of government; a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States; a standard proof of motor vehicle liability insurance form described by Section 601.081, Transportation Code, a certificate of an insurance company described by Section 601.083 of that code, a document purporting to be such a form or certificate that is not issued by an insurer authorized to write motor vehicle liability insurance in this state, an electronic submission in a form described by Section 502.046(i), Transportation Code, or an evidence of financial responsibility described by Section 601.053 of that code; an official ballot or other election record; or the written documentation a mobile food unit is required to obtain under Section 437.0074, Health and Safety Code.
What is the penalty level for the charge of “Taking a firearm from a peace officer”?
38.14 Taking or Attempting to Take Weapon from a Peace Officer… F3
define obscenity
the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex; depicts or describes: patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and taken as a whole, lacks serious literary, artistic, political, and scientific value
Sexual assault of a person under 14 years of age
the victim is <14 years of age, regardless of whether the person knows the age of the victim at the time of offense; Aggravted Sexual Assault 22.021. F1 Pg.140
man demands money or he will kill the clerk(he does not have a weapon)
29.02 Robbery
define manslaughter
19.04 (a) a person commits an offense if he recklessly causes the death of an individual. (b) an offense under this section is a felony of the second degree
define child endangerment
It is presumed that a person engaged in conduct that places a child in imminent danger of death, BI, or physical or mental impairment. State Jail felony (intent to return) Felony 3 (no intent to return)
2 men in a boat hit something, and the boat sinks. Whats the charge?
No charge?
Primary differences between robbery and theft
Robbery is an Offense if, while committing theft and with intent to obtain or maintain control of the property, he: (1) intentionally, knowingly, or recklessly causes BI to another; or (2) intentionally or knowingly threatens or places another in fear of imminent BI or. Theft is an Offense if unlawfully appropriates property with intent to deprive the owner of property. Assault plus theft equals robbery.
what is needed to prove public intoxication
That the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. 49.02 Public Intoxication Pg.265
13 year old has consensual sex with a 26 year old woman, whats the charge?
Pg.140 22.021 Aggravted Sexual assault. Because of sec. (2) (B) F2
Local salesman refuses to leave
30.05 Criminal Trespass MB
disorderly conduct, when is it not a misdemeanor?
42.01 DOC is always a misdemeanor. Goes from a misdemeanor C to a misdemeanor B when involving a firearm.
describe the overt acts that make up criminal conspiracy
An overt act is defined as an outward act done in pursuance of the crime and a manifestation of an intent or design, intending the completion of the crime. An overt act of a conspiracy is part of the “theory” of the case rather than an actual element of conspiracy. An overt act must be something more than evidence of the conspiracy.
Define firearm
“Firearm” - any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rimfire or centerfire ammunition. Pg.248 46.01
what is causation?
Criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.(b) criminally responsible for causing a result if the only difference between what actually occurred and what was desired, contemplated, or risked is that:(1) a different offense was committed; or(2) a different person or property was injured, harmed, or otherwise affected. Pg.104 6.0
Consent by a person legally authorized to act for the owner defines
Effective Consent
what is a false suit on civil court?
37.02 Perjury MC
elements of offense
The forbidden conduct; the required culpability; any required result; and the negation of any exception to the offense.
Babysitter takes her clothes off and masturbates in front of a 5 year old girl
Pg.133 21.11 Indecency with a Child F3
Beyond a reasonable doubt
Pg.100 2.01 Proof Beyond a Reasonable Doubt
All persons are presumed to be innocent and no 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.
List the culpable mental states
Intentional : conscious objective or desire. Knowing : aware of nature of the conduct or that the circumstance exists. Aware that conduct is reasonably certain to cause a result. Reckless : aware, but consciously disregards substantial or unjustifiable risks. Risk must be a gross deviation from the standard of an ordinary person as viewed from the actor’s standpoint. Criminal negligence : ought to be aware of risk. Risk must be a gross deviation from the standard of an ordinary person as viewed from the actor’s standpoint.
define reckless
Aware, but consciously disregards substantial or unjustifiable risks. Risk must be a gross deviation from the standard of an ordinary person as viewed from the actor’s standpoint.
Define knowingly
Aware of nature of the conduct or that the circumstance exists. Aware that conduct is reasonably certain to cause a result
Define criminal negligence
Ought to be aware of risk. Risk must be a gross deviation from the standard of an ordinary person as viewed from the actor’s standpoint.
Define intentionally
Conscious objective or desire.
Define mistake of fact
Pg.105 8.02 Mistake of Fact
It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
Although an actor’s mistake in fact may constitute defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
define mistake of law
Pg.106 8.03 (a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
(b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:
(1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or
(2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.
(c) Although an actor’s mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.
“Ignorance of the law is no defence to prosecution”
