Penal Code - ALL Flashcards
Mix of questions
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. 100% certainly
The prosecuting attorney (state) must negate the existence of an _____in the accusation charging commission of the offense and prove _____that the defendant or defendant’s conduct does not fall within the ______
exception beyond a reasonable doubt exception
Proof beyond a reasonable doubt ?
1) Each element must be proven beyond a reasonable doubt 2) Your believe is that of a moral Certainty or 100% certain. 3) It is the criminal standard. 4) The burden of proof falls on the state.
Preponderance of the evidence.
1) Your believe is that of a probable truth or 51 % certainty 2) The civil standard. 3)The burden of proof falls on the individual. 4) The weight of evidence that is more believable wins.
Does conduct constitute an offense?
Only if it is defined by the municipal ordinance, county commissioner court, or rule authorized by a lawfully adopted under a statute
What effects the arrest authorities?
Prove beyond a reasonable doubt.
2.03) It is a _____
The prosecuting attorney is ____ required to ____the existence of a defense in the accusation charging commission of the offense. If the issue of the existence of a ____is submitted to the jury, the court shall charge that a ___ on the issue requires that the defendant be acquitted.
It is a defense to prosecution
not
Negate defense
reasonable doubt
Capital Felony (state does not seek death)
Life if committed younger than 18 years old. Life without parole if committed 18 and older.
8.07) No person in any case be punished by ____ for an offense committed while the person was younger than ____
Death 18 years
12.02) Classification of offenses. Offenses are designated as
Felonies and misdemeanors.
12.03) An offense designated as a misdemeanor in this code without specification as to punishment or category
Class C misdemeanor.
An offense designated a felony in this code without specification as to category or punishment is a
State jail felony
Punishment for Class A misdemeanor
No more than 1 Year in jail not to exceed a fine of $4000 or both
Class B misdemeanor
Fine $2000 180 days jail or both
Class C misdemeanor
$500 fine
Capital murder ( state seeks death)
Life without parole or death
2.04b) It is an affirmative defense to prosecution.. The prosecuting attorney is ___ required to negate the existence of an _____ in the accusation charging commission of the offense
not affirmative defense
2.04c) The issue of the existence of an ___ __is not submitted to the jury unless____ is admitted supporting the defense
affirmative defense evidence
2.04d) If the issue of the existence of an _____is submitted to the ____, the defendant must prove the ____ by a preponderance of the evidence
affirmative defense jury affirmative defense
2.05) Presumption is not_____. Presumption must be proven ______ _____ to commit an offense is presumed when the means used are such as would ordinarily cause the _____
evidence Beyond a reasonable doubt Intent Result
3.01) The commission of two or more offenses?
Criminal episode
The commission to two or more offenses pursuant to the same transaction or pursuant to two ore more transactions that are connected or constitute a common scheme or plan
Criminal episode
Criminal episode offenses arising out of the same criminal episode ______
Can be consolidated
3.02) A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode
Consolidation and joinder of prosecution
When is consolidation useful?
When prosecuting property crimes
3.03) All sentences run at the same time
Concurrently
all sentences run one after another
Consecutive
6.01) A person commits an offense if he voluntarily engages in conduct, including an act, on omission, or possession.
Requirement of voluntary act or omission.
A person commits an offense only if he ___ including an ___, ___ or ____
Voluntarily engages in conduct Act omission possession
6.01b) Possession is a voluntary act if the possessor ____ obtains or receives the thing possessed or is ____of his control of the thing for a sufficient time to permit him to _____ his control. Exa( Hitchhiker leaves drugs in car)
Knowingly Aware terminate
What are the culpable mental states
Intentional Knowing reckless criminal negligence
6.02) A person does not commit an offense unless he ____, ___, ___, or with _____ engages in conduct as the definition of the offense requires
Intentionally Knowingly Recklessly Criminal negligence
Proof of a ____ degree of ____ than that charged constitutes proof of the ______ charged
Higher Culpability Culpability
A person acts ________ or with ______ with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or _____ to engage in the conduct or cause the result
Intentionally Intent desire
A person acts ____ or with _____, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is ____ of the nature of his conduct or that the circumstances exists
Knowingly knowledge Aware
A person acts ____ or with _________ with respect to a result of his conduct when he is aware that his conduct is reasonably certain to _____.
Knowingly Knowledge Cause the result
A person acts ______ or _______ with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable _______.
Recklessly Reckless Risk
A person acts with _________ or is _____with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk
criminal negligence criminal negligent
7.01) A person is _____as a party to an offense if the offense is committed by his own conduct, by the _______ for which he is criminally responsible or by both
Criminally responsible Conduct of another
Each party to an offense may not be charged with commission of the offense TRUE/FALSE
False They may be
8.01) It is an affirmative defense to prosecution that, at the time of the conduct charged the actor as a result of severe mental disease or defect did not know that his conduct was wrong. ( Def)
Insanity
“________________” is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
Mistake of law
The major difference between “Theft” and “Robbery” is
the force used
Intoxicated” means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances or any other substance into the body or having a alcohol concentration of _____ or more
.08
______________” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
Intoxication
AGGRAVATED ROBBERY is a _____________ offense as defined in section 29.03 of the Texas Penal Code.
1st degree
LEAVING A CHILD IN A VEHICLE is a ______________ offense.
Class C
8.02) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken believe negated the kind of culpability required for commission of the offense. (Def.)
Mistake of fact
It is __ defense to prosecution that the actor was ignorant of the provision of any law after the law has taken effect. (Def.)
no. Mistake of law
8.03) 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)……………2)
1) an official statement of the law 2)a written interpretation of the law (8.03)-Mistake of Law
8.04) ______intoxication does _____ constitute a ____to the commission of a crime_____
Voluntary not defense
8.04) Evidence of _____caused by intoxication _________introduced by actor in mitigation of the penalty attached to the offense for which he is being tried
Temporary insanity May be
8.05) Duress It is an ___________ to prosecution that the actor engaged in the proscribed conduct because he was _______to do so by threat of imminent death or serious bodily injury to himself or another
Affirmative defense Compelled
8.05c) Duress _________within the meaning of this section_________if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure
Compulsion exists only
8.06) It is a ______to prosecution that the actor engaged in the conduct charged because he was ______to do so by ______agent using persuasion or other means likely to cause persons to commit the offense. (Def?)
Defense induced law enforcement Entrapment
_______merely affording a person an opportunity to commit an offense does not constitute ________
Conduct Entrapment
8.07(1)) Age affecting criminal responsibility. A person may not be prosecuted for or convicted of any offense that the person committed when younger than________except: Perjury,______, Traffic ordinances or________ punishable by fine only
15 years of age aggravated perjury misdemeanor offenses
Family court may transfer 10-17 year old to a criminal court if actor is alleged to have committed ___or______
Murder Capital Murder
______years or older if alleged to have committed ____or felony
14 aggravated controlled substance
15.03) A person commits an offense if, with intent that a __________be committed, he requests, commands, or attempts to induce another to engage. (Def.)?
Capital felony or felony of the first degree ( Criminal Solicitation)
15.02) A person commits criminal conspiracy if with intent that a ______. He agrees with ____ that they or one of them engage in conduct that would constitute the offense; ______or he or one of them performs an _______
Felony be committed
. One or more persons
and
overt act
15.01) A person commits an offense if with specific intent to commit an offense_________ than mere preparation that tends but fails to effect the commission of the offense intended. (Def)?
he does an act amounting to more CRIMINAL ATTEMPT
12.50) It is a defense to a charge under subsection (b4) that the conduct in question meets the element of _____ like _____
necessity food and water
12.50) Penalty if offense committed in disaster area or evacuated area. For what offenses?
the next higher category Assault Robbery Burglary Theft
State jail felony
180 days - 2 years jail $10000 or both
3rd degree felony
2-10 years jail $10000 or both
While intoxicated a person without consent, intentionally starts a fire that causes an explosion that destroys another’s home. Of the following, which is the most serious crime that has occurred? Deadly Conduct Criminal destruction Unlawfully Carrying a Weapon Arson
Arson
Farmer Jones intentionally carries his shotgun into the local polling place on the day of the presidential elections. He has committed the offense of __________________. Unlawful Carrying Weapons Prohibited Weapons Unlawful Possession of Firearm Places Weapons Prohibited
Places Weapons Prohibited
A person is intoxicated while operating an amusement ride and causes the death of several teenage girls by accident. What crime has occurred? Intoxication Assault Capital Murder Intoxication Manslaughter Murder
Intoxication Manslaughter
A person attains a specified age on the day of the anniversary of his birth date. True/ False
True
A) Which of the following statements is true? The prosecuting attorney is not required to 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. 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) None listed D) The prosecuting attorney must negate the existence of an affirmative defense 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 defense.
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.
2nd Degree Felony
2- 20 years $10000 or both
AGGRAVATED ROBBERY. A person commits an offense if he commits robbery and: A) All listed B) causes serious bodily injury to another C) uses or exhibits a deadly weapon D) 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: (1) 65 years of age or older; or (2) a disabled person.
A - all listed
1st degree felony
life or 5-99 years in jail $10000 or both
16.01 A person commits an offense if the person possesses a ____or mechanical security device with the ____to use the instrument or device in the commission of an offense. What category offense is this?
criminal instrument the intent Class A miss
A person commits an offense if ____ of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells installs or sets up the instrument or device. What category offense is this?
with knowledge State jail felony
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
Criminal instrument
Means a device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry to structure, motor vehicle, or other property.
Mechanical security device
16.06. What offense does a person commit if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person. What category offense?
Unlawful Installation of Tracking Device Class A
A person commits _____ if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual
Criminal Homicide
Criminal Homicide is
Murder, capital murder, manslaughter, or criminal negligent homicide
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
Passion 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
What offense is committed when a person intentionally or knowingly causes the death of an individual
Murder
What offense is committed when a person intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.
Murder
What category offense is murder
first degree felony
What category offense is sudden passion
Second degree felony
At the punishment stage of trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from ______
adequate cause
A person commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
Murder
The most serious crime that a person commits is “ ______________” if they intentionally kill another person while committing “Arson”. Criminally negligent homicide Manslaughter Capital Murder Murder
Capital Murder
Which of the following would not constitute Capital Murder? .Murder of a fireman acting in performance of an official duty .Murder during the commission of arson .Murder for remuneration or promise of remuneration .Murder during the commission of felony criminal mischief
Murder during the commission of felony criminal mischief
The most serious crime that a person commits is “Capital Murder” if they murder a person under the age of _____ years of age. 12 10 8 6 7
10
One night Mr. Anderson intentionally, while intoxicated, runs over Mr. Smith with his automobile killing Smith. What is the highest crime that Mr. Anderson can be charged with? Murder Capital Murder Intoxicated Manslaughter Negligent Homicide Class A Assault
Murder
In the course of an armed robbery of a convenience store, the robber intentionally shoots and kills a store employee. What is the most serious crime that has occurred? Aggravated Robbery Criminally Negligent Murder Manslaughter Capital Murder
Capital Murder
The most serious crime that a person commits is “______________” if they murder more than one person A) during the same criminal transaction; or (B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct Criminally Negligent Homicide Manslaughter Capital Murder Murder
Capital Murder
Criminal homicide is: All listed criminally negligent homicide manslaughter capital murder murder
All listed
What category offense is Capital Murder
Capital felony
19.04) A person commits an offense if he ______causes the death of an individual.
recklessly
Manslaughter is what offense
second degree felony
A person commits the offense of ______ if he causes the death of an individual by criminal negligence.
criminal negligent homicide
To restrict a person’s movements without consent, so as to interfere substantially with the person’s ______, by moving the person from one place to another or by _____the person
liberty confining
Restraint is ______if it is accomplished by force, intimidation, or deception; or by any means, including acquiescence of the victim if the victim is a child younger than ____
without consent 14 years of age
Restraint— the victim is a child who is ____or older and younger than____, the victim is taken outside the state and outside a _____radius from the victim’s residence
14 years of age 17 years of age 120 mile
A person “transports” several young Mexican men with the intent of forcing them to labor in fruit orchards in south Texas. What crime, if any, has occurred? Unlawful Transport Trafficking of Persons Kidnapping Unlawful Restraint
Trafficking of Persons
A person “transports” several young Mexican men with the intent of hiring them to labor in fruit orchards in south Texas. What crime, if any, has occurred? Trafficking of Persons Kidnapping No crime has occurred Unlawful Transport
No crime has occurred
A person commits an offense if he intentionally or knowingly restrains another person. According to the Texas Penal Code 20.02, this is the definition of: Aggravated Kidnapping Unlawful Restraint Restraint Aggravated Restraint Kidnapping
Unlawful Restraint
Unlawful Restraint is what category of offense?
Class A misdemeanor
Unlawful restraint is a state jail felony if the person restraint was a child younger than____
17 years of age
When is unlawful restraint a felony of the third degree
victim is exposed to a substantial risk of SBI or the person restraint is a public servant on duty
What offense does a person commit when he intentionally and knowingly abducts another person. What category offense
Kidnapping third degree felony
A very jealous husband handcuffs his wife to a bedpost against her will and doesn’t turn her loose for a week. What crime has occurred? Unlawful Restraint Slavery Domestic Violence no offense, the woman agreed in her marriage vows to obey her husband.
Unlawful Restraint
An individual abducts another person for ransom, but lets the person go alive an unhurt. What crime has occurred? Kidnapping Aggravated Kidnapping Unlawful Restraint Abduction
Aggravated Kidnapping
Jane, a 15 year old female, confessed to her mother that she had sexual intercourse with her 17 year old boyfriend Dale. Jane’s mother became angry and called the police wanting to file charges on Dale. Which of the following, if any, do you believe the district attorney would accept? A: Aggravated Sexual Assault B: none of the listed are correct C: Indecency With a Child D: Sexual Assault
B: none of the listed are correct
John Smith abducted Jane Smith. The fact that Jane Smith is John Smith’s daughter, and his sole intent was to assume lawful control and did not use deadly force is _____ for John Smith. A: an exception to prosecution B: a defense to prosecution C: an affirmative defense to prosecution D: no defense to prosecution
C: an affirmative defense to prosecution
Lisa abducts a child and demands a ransom for the child’s safe release. Lisa gets scared and, before the ransom is paid, releases the child unharmed. What offense has Lisa committed? A: unlawful restraint B: interference with child custody C: enticing a child D: kidnapping E: aggravated kidnapping
E: aggravated kidnapping
Lisa abducts a child and demands a ransom for the child’s safe release. Lisa gets scared and, before the ransom is paid, releases the child unharmed. What category offense has Lisa committed? A: Class A misdemeanor B:State Jail Felony C: Third degree felony D: Second degree felony E: First degree felony
D: Second degree felony
Aggravated kidnapping: A person commits an offense if he intentionally or knowingly abducts another person with the intent to?
1.Hold for ransom or reward 2.Use 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. 6.Interfere with the performance of any governmental or political function
A person commits an offense if the person with the intent to obtain pecuniary benefit, knowingly: Use a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with intent to conceal the individual from a peace officer
Smuggling of Persons
A person commits an offense if, during a period that is ___ or more days in duration, the person engages two or ore times in conduct that constitutes an offense under Section 20.05 (Def)?
10 Continuous Smuggling of Persons
Penal code: Child means a person younger than ___
18 years of age. 17 and younger
A person commits an offense if the person ______ traffics another person with the intent that the trafficked person engage in forced labor or services. (def.)
knowingly Trafficking of persons
A person commits an offense if, during a period that is ___ or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20A.02 against one or more victims.
30
Trafficking of person not a child is what category offense?
Second degree
Trafficking of person who is a child is what category offense?
First degree
Continuous Trafficking of persons is what category offense?
First degree
Any contact between any part of the genitals of one person and the mouth or anus of another person; the penetration of the genitals or the anus of another person with an object. (Def.)
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
Penetration of the female sex organ by the male sex organ.
Sexual Intercourse
What makes “Continuous Sexual Abuse of Young Child”?
During a period that is 30 or more days the actor commits 2 or more acts of sexual abuse AND the actor was 17 years of age or older and the victim was younger than 14.
A child in sexual offenses is younger than?
17 years of age
Homosexual Conduct (21.06) was declared unconstitutional by what case?
Lawrence vs. Texas
Offense: Engages in sexual intercourse, deviate sexual intercourse, sexual contact whether another is present who will be offended or alarmed
Public Lewdness
A person commits an offense if the person ________engages in any of the following acts in a ________or, if not in a public place, the person is ________ about whether another is present who will be offended or alarmed by the person’s: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; or (3) act of sexual contact.
Knowingly Public Place Reckless
(b) An offense under section 21.07 Public Lewdness is a ______ misdemeanor.
Class A
What are the elements of “Indecent Exposure”?
Exposing anus or genitals with intent to arouse or gratify sexual desire of any person and is RECKLESS whether someone is present who will be offended or alarmed.
Indecent exposure is what category offense?
Class B
________ means to restrict a person’s movements without consent, so as to interfere substantially with the person’s liberty, by moving the person from one place to another or by confining the person
Restrain
- P.C. Title 5, Chapter 20, Sec. 20.01*
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*
What conditions make restrain “without consent”?
Force, intimidation, deception + any means for
V < 14 yrs or
V is incompetent (any age)
V is 14-17 yrs + outside the state + 120-ml radius from V’s residence
Restraint is “without consent” if it is accomplished by:
(A) force, intimidation, or deception; or
(B) any means, including acquiescence of the victim, if:
(i) the victim is a child who is less than 14 years of age or an incompetent person (any age) and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or
(ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim’s residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.
* P.C. Title 5, Chapter 20, Sec. 20.01*
______ means to restrain a person with intent to prevent his liberation.
Abduct
(=kidnapping)
- P.C. Title 5, Chapter 20, Sec. 20.01*
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*
What conditions meet the definition of abduction?
“Abduct” means to restrain a person with intent to prevent his liberation by:
(A) secreting or holding him in a place where he is not likely to be found;
OR
(B) using or threatening to use deadly force
- P.C. Title 5, Chapter 20, Sec. 20.01*
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*
How does the definition of “individual” in Sec. 20.01 differs from Sec. 1.07?
Born vs. Unborn
Sec. 20.01 (5) Notwithstanding Section 1.07, “individual” means a human being who has been born and is alive.
Sec. 1.07, (26) “Individual” means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
A person commits an offense of __________ if he intentionally or knowingly restrains another person.
Unlawful Restrain
- P.C. Title 5, Chapter 20, Sec. 20.02*
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*
When does the offense of unlawful restrain have an affirmative defense to prosecution?
Under two sets of conditions:
- Child < 14 yrs
- A is a relative
- A assumes lawful control
AND
- Child 14-17 yrs
- A did not usef force, intimidation, deception
- A ≥ 3 yrs than the child (e.g. highschool love birds)
(b) It is an affirmative defense (doesn’t affect the arresting authority guidelines) to prosecution under this section that:
(1) the person restrained was a child younger than 14 years of age;
(2) the actor was a relative of the child; and
(3) the actor’s sole intent was to assume lawful control of the child.
AND
(e) It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child who is 14 years of age or older and younger than 17 years of age;
(2) the actor does not restrain the child by force, intimidation, or deception; and
(3) the actor is not more than three years older than the child
* P.C. Title 5, Chapter 20, Sec. 20.02*
* https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*
An offense under the unlawful restrain section is a ________ misdemeanor
Class A misdemeanor
Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.
* P.C. Title 5, Chapter 20, Sec. 20.02(c)*
* https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*
When does the offense of unlawful restrain is a state jail felony?
When V is < 17 yrs
(c) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony* if the person restrained was a child younger than 17 years of age;
*Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (a) …confinement in a state jail for any term of not more than two years or less than 180 days.
(b) …fine not to exceed $10,000.
* P.C. Title 5, Chapter 20, Sec. 20.02(c)(1)*
* https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*
When does the offense of unlawful restrain is a felony of 3rd degree?
- V is exposed to SBI risk
- V is a PO/PS on duty
- A in custody restrains another
(c) An offense under this section is a Class A misdemeanor, except that the offense is:
… (2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;
(B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
(C) the actor while in custody restrains any other person; or
(3) notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.
When does the offense of unlawful restrain is a felony of second degree?
If A restrains PO/Judge on duty
Sec. 20.02. (3) notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.
It is no offense to detain or move another under the unlawful restrain section when it is for the purpose of effecting a ________ or ______.
lawful arrest or detaining
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 the offense.
Ex. Coat hanger to break into car; if you catch them before the act
Criminal Instrument
Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE.
A device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry into a structure, motor vehicle, or other property.
Ex. Lock pick, bump key, anything specifically designed to break into someone else’s property.
Mechanical security device
Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE.
What is criminal homicide?
How many types are there?
19.01 Criminal homicide - anything that is to cause the death of an individual.
- Murder
- Capital Murder
- Manslaughter
- Negligent Homicide
A person commits an offense of ____________ if the person possesses a ________or mechanical security device with the _______to use the instrument or device in the commission of an offense.
unlawful use of criminal instrument
criminal instrument
the intent
Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE.
A person commits an offense of ______________ if __________ of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells installs or sets up the instrument or device.
unlawful use of criminal instrument or mechanical security device
with knowledge
Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE
____________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.
Criminal instrument
___________means a device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry to structure, motor vehicle, or other property.
Mechanical security device
What offense does a person commit if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person.
Unlawful Installation of Tracking Device
Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE.
A person commits _____ if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
Criminal Homicide
Sec. 19.01. TYPES OF CRIMINAL HOMICIDE
How many types of criminal homicide are there and what are they?
4
- murder
- capital murder
- manslaughter
- criminal negligent homicide
__________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*.
* key - duration of time
Adequate Cause
___________ means passion 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
What offense is committed when a person intentionally or knowingly causes the death of an individual?
What offense is committed when a person intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual?
What category offense is murder?
First degree felony
(5-99 years + $10,000)
What category offense is murder as a result of sudden passion?
Second degree felony
(2-20 years + $10,000)
At the punishment stage of trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from ______
(e.g. cheating spouse killed by a jealous spouse; father killing an intruder who’s assaulting father’s kids)
adequate cause
A person commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
Murder
The most serious crime that a person commits is “ ______________” if they intentionally kill another person while committing “arson”.
1) Criminally negligent homicide
2) Manslaughter
3) Capital Murder
4) Murder
Capital Murder
Which of the following would not constitute Capital Murder?
1) Murder of a fireman acting in performance of an official duty .
2) Murder during the commission of arson.
3) Murder for remuneration or promise of remuneration.
4) Murder during the commission of felony criminal mischief.
Murder during the commission of felony criminal mischief
The most serious crime that a person commits is “Capital Murder” if they murder a person under the age of _____ years of age.
- 12
- 10
- 8
- 6
- 7
10
One night Mr. Anderson intentionally, while intoxicated, runs over Mr. Smith with his automobile killing Smith. What is the highest crime that Mr. Anderson can be charged with?
1) Murder
2) Capital Murder
3) Intoxicated Manslaughter
4) Negligent Homicide Class A Assault
Murder
In the course of an armed robbery of a convenience store, the robber intentionally shoots and kills a store employee. What is the most serious crime that has occurred?
1) Aggravated Robbery
2) Criminally Negligent Murder
3) Manslaughter
4) Capital Murder
Capital Murder
The most serious crime that a person commits is “______________” if they murder more than one person A) during the same criminal transaction; or (B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct.
1) Criminally Negligent Homicide
2) Manslaughter
3) Capital Murder
4) Murder
Capital Murder
Criminal homicide is:
- All listed
- criminally negligent homicide
- manslaughter
- capital murder
- murder
All listed
What category offense is Capital Murder?
Capital felony
Sec. 12.31. CAPITAL FELONY.
- state seeks the death penalty = life without parole or by death
- state does not seek the death penalty:
(1) life, if A committed the offense when younger than 18 years of age; or
(2) life without parole, if A committed the offense when 18 + years of age
A person commits an offense of manslaughter if he ______causes the death of an individual.
recklessly
Manslaughter is the offense of ________ felony.
E.g. Speeding down a highway at 100+ mph. Lose control, crash, kill passenger(s).
Second degree felony
A person commits the offense of ______ if he causes the death of an individual by criminal negligence.
E.g. A driver is given multiple tickets for not having proper license to operate a dump truck. Then he accidentally runs over a victim. Defendant ought to have known he should not be driving but chose to drive anyway.
Criminal negligent homicide
To restrict a person’s movements without consent, so as to interfere substantially with the person’s ______, by moving the person from one place to another or by _____the person
liberty
confining
Restraint is ______if it is accomplished by force, intimidation, or deception; or by any means, including acquiescence of the victim if the victim is a child younger than ____.
without consent
14 years of age
Restraint— the victim is a child who is ____or older and younger than____, the victim is taken outside the state and outside a _____radius from the victim’s residence
14 years of age
17 years of age
120 mile
A person “transports” several young Mexican men with the intent of forcing them to labor in fruit orchards in south Texas. What crime, if any, has occurred?
- Unlawful Transport
- Trafficking of Persons
- Kidnapping
- Unlawful Restraint
Trafficking of Persons
A person “transports” several young Mexican men with the intent of hiring them to labor in fruit orchards in south Texas. What crime, if any, has occurred?
- Trafficking of Persons
- Kidnapping
- No crime has occurred
- Unlawful Transport
No crime has occurred
A person commits an offense if he intentionally or knowingly restrains another person. According to the Texas Penal Code 20.02, this is the definition of:
- Aggravated Kidnapping
- Unlawful Restraint
- Restraint
- Aggravated Restraint
- Kidnapping
Unlawful Restraint
Unlawful restraint is a state jail felony if the person restraint was a child younger than____
17 years of age
When is unlawful restraint a felony of the third degree?
Victim is exposed to a substantial risk of SBI or
the person restraint is a public servant on duty
What offense does a person commit when he intentionally and knowingly abducts another person.
What category offense?
Kidnapping
Third degree felony
A very jealous husband handcuffs his wife to a bedpost against her will and doesn’t turn her loose for a week. What crime has occurred?
- Unlawful Restraint
- Slavery Domestic Violence
- no offense,
- the woman agreed in her marriage vows to obey her husband.
Unlawful Restraint
An individual abducts another person for ransom, but lets the person go alive an unhurt. What crime has occurred?
- Kidnapping
- Aggravated Kidnapping
- Unlawful Restraint
- Abduction
Aggravated Kidnapping
Jane, a 15 year old female, confessed to her mother that she had sexual intercourse with her 17 year old boyfriend Dale. Jane’s mother became angry and called the police wanting to file charges on Dale. Which of the following, if any, do you believe the district attorney would accept?
- Aggravated Sexual Assault
- None of the listed are correct
- Indecency With a Child
- Sexual Assault
2. None of the listed are correct
John Smith abducted Jane Smith. The fact that Jane Smith is John Smith’s daughter, and his sole intent was to assume lawful control and did not use deadly force is _____ for John Smith.
- an exception to prosecution
- a defense to prosecution
- an affirmative defense to prosecution
- no defense to prosecution
3. an affirmative defense to prosecution
Lisa abducts a child and demands a ransom for the child’s safe release. Lisa gets scared and, before the ransom is paid, releases the child unharmed. What offense has Lisa committed?
- unlawful restraint
- interference with child custody
- enticing a child
- kidnapping
- aggravated kidnapping
5. aggravated kidnapping
Lisa abducts a child and demands a ransom for the child’s safe release. Lisa gets scared and, before the ransom is paid, releases the child unharmed. What category offense has Lisa committed?
- Class A misdemeanor
- State Jail Felony
- Third degree felony
- Second degree felony
- First degree felony
4 .Second degree felony
Aggravated Kidnapping
A person commits an offense if he intentionally or knowingly abducts another person with the intent to________ (list 6 conditions):
- Hold for ransom or reward;
- Use as a shield or hostage;
- Facilitate the commission of a felony or the flight after the attempt or commission of a felony;
- Inflict bodily injury… or abuse him sexually;
- Terrorize him or a third person;
- Interfere with the performance of any governmental or political function
A person commits an offense if the person with the intent to obtain pecuniary benefit, knowingly: Use a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with intent to conceal the individual from a peace officer.
Think contract between two parties
Smuggling of Persons
Sec. 20.05. SMUGGLING OF PERSONS.
A person commits an offense if, during a period that is ___ or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.05 (Def)?
Trafficking of persons: A Child means a person younger than ___
18 years of age
A person commits an offense if the person ______ traffics another person with the intent that the trafficked person engage in forced labor or services. (def.)
knowingly
Trafficking of persons
A person commits an offense if, during a period that is ___ or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20A.02 Trafficking of Persons against one or more victims.
30
Trafficking of person not a child is what category offense?
Second degree felony
Trafficking of person who is a child is what category offense?
First degree
Continuous Trafficking of persons is what category offense?
First degree
Any contact between any part of the genitals of one person and the mouth or anus of another person; the penetration of the genitals or the anus of another person with an object. (Def.)
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
Penetration of the female sex organ by the male sex organ.
Sexual Intercourse
What makes “Continuous Sexual Abuse of Young Child”?
During a period that is 30 or more days the actor commits 2 or more acts of sexual abuse AND the A was 17 + years of age and the V was younger than 14.
A child in sexual offenses is younger than?
17 years of age
(17 is the age of consent)
Offense: Engages in sexual intercourse, deviate sexual intercourse, sexual contact whether another is present who will be offended or alarmed
Public Lewdness
A person commits an offense if the person ________engages in any of the following acts in a ________or, if not in a public place, the person is ________ about whether another is present who will be offended or alarmed by the person’s: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; or (3) act of sexual contact.
Knowingly
Public Place
Reckless
What are the elements of “Indecent Exposure”?
Exposing anus or genitals with intent to arouse or gratify sexual desire of any person and is RECKLESS whether someone is present who will be offended or alarmed.
In this section, “__________” means 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
Sec. 22.041. ABANDONING OR ENDANGERING CHILD.
A person commits an offense of abandonding or endaring a child, if, having custody, care, or control of a child younger than ____ years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk* of harm.
The element of risk along is very important.
15 years
Sec. 22.041 (b) ABANDONING OR ENDANGERING CHILD.
A person commits an offense of abandoning or endangering a child if he intentionally, knowingly, recklessly, or with criminal negligence (culpable mental states*), by act or omission, engages in conduct that places a child younger than _______ in imminent danger of death, bodily injury, or physical or mental impairment.
* https://statutes.capitol.texas.gov/Docs/PE/htm/PE.6.htm
Examples: driving drunk with a child under ____ yrs old; boating with a child without a life vest
15 years
Under Sec. 22.041 Abandoning or Endangering Child, It is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if:
(1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance ____________ in the presence of the child;
(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in ___________ Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code.
A person commits an offense of ___________ if he recklessly engages in conduct that places another in imminent danger of serious bodily injury (SBI).
An offense under this Section is a _________ misdemeanor.
deadly conduct
Class A
Sec. 22.05. DEADLY CONDUCT.
A person commits an offense of deadly conduct if he knowingly discharges a ________at or in the direction individual(s); habitation, building, or vehicle…. occupied.
(c) Recklessness and danger are presumed if the actor knowingly pointed a ______ at or in the direction of another whether or not the actor believed the _______ to be loaded.
An offense under this Subsection is a felony of the __________.
firearm
third degree
Sec. 22.05. DEADLY CONDUCT.
A person commits an offense of _____________ if he threatens to commit any offense involving violence to any person or property ….
(1) an official/volunteer agency that deals with emergencies;
(2) place any person in fear of imminent SBI;
(3) prevent or interrupt the occupation… of a building, room, place of assembly, public place…
(4) disrupt public service (e.g. comm, tranport, utilities)
(5) place the public… in fear of SBI (e.g. bomb threat)
(6) influence… political unit of fed or state gov
Terroristic Threat
Sec. 22.07. TERRORISTIC THREAT
A person commits an offense of leaving a child in a vehicle if he intentionally or knowingly leaves a child in a motor vehicle for longer than _________ minutes, knowing that the child is:
(1) younger than ________ years of age; and
(2) not attended by an individual in the vehicle who is ______ years of age or older.
5 minutes
7 years of age
14 years of age
Sec. 22.10. LEAVING A CHILD IN A VEHICLE. (a)
The offense of Leaving a Child in a Vehicle is a ______ misdemeanor.
Class C misdemeanor
(fine not to exceed $500)
Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN FACILITIES*; HARASSMENT OF PUBLIC SERVANT.
Actor causes contact of another person with b_____, s________ or v________ fluid, s________, u______, or f________ of the actor, any other person, or animal.
If a PO is spit on = _____________ (name the offense)
If a civilian is spit on = _____________ (name the offense)
*correctional, detention, civil commitment
blood, seminal or vaginal fluid, saliva, urine, or feces
Harrassment (Sec. 22.11)
Assault (Sec. 22.01)
A person commits an offense of ________________ if the person engages in sexual intercourse or deviate sexual intercourse with another person (by blood or adoption) the actor knows to be, without regard to legitimacy.
- *Prohibited Sexual Conduct**
- (can’t arrest but can document except *)*
Voluntary = Incest
*Involuntary = Sexual Assault
Sec. 25.02. PROHIBITED SEXUAL CONDUCT
A person commits an offense ___________ if the person takes or retains a child younger than _____years of age:
(1) … violates the express terms of a judgment or order… of a court disposing of the child’s custody;
(2) when the person has not been awarded custody of the child … and takes the child out of the geographic area of the counties composing the judicial district …and with the intent to deprive the court of authority over the child; or
(3) outside of the United States…
Interference with Child Custody
18
Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY
A noncustodial parent commits an offense of _______________ … knowingly entices or persuades the child younger than ____ years of age to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.
Interference with Child Custody
18
Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY.
A person commits the offense of _______________ if the person knowingly or intentionally:
(1) commits family violence or 20A.02 Trafficking of Persons, 22.011 Sex Assault, 22.021 Agg Sex Assault, or 42.072 Stalking
(2) communicates directly with:
- a protected individual or family member
- through any person to a protected individual…
- in any manner with the protected individual… except through the person’s attorney…;
(3) goes to or near:
- the residence, employment, business…
- child care facility, residence, or school….
(4) possesses a firearm;
(5) harms, threatens, or interferes with the care, custody, or control of a pet…
(6) …otherwise tampers with a global positioning monitoring system (ankle monitor)
Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
_____________ actions or agreements made by persons affected by a protective order do not affect the validity of the order or the duty of a peace officer to enforce this section (i.e. SHALL arrest)
Reconciliatory
A peace officer investigating conduct that may constitute an offense under Section 25.07 for a violation of an order may ________ a person protected by that order for a violation of that order.
not arrest
Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
(a) A person commits an offense of _________________ if, in violation of an order issued under Article 6.08, Code of Criminal Procedure, the person knowingly or intentionally:
(1) commits an offense under Title 5 Offenses Against Persons or Section 28.02 Arson, 28.03 Criminal Mischief, or 28.08 Graffiti and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;
(2) communicates (similar to Sec. 25.07 or see below)
…communicates directly with:
- a protected individual or family member
- through any person to a protected individual…
- in any manner prohibited by a protective order
(3) goes to or near the residence, employment, business…
Violation of Protective Order Preventing Offense Caused by Bias/Prejudice
= Hate Crime
Sec. 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE.
Violation of Protective Order Preventing Offense Caused by Bias/Prejudice (aka Hate Crime) is a Class ___ misdemeanor.
….unless it is shown on the trial of the offense that the defendant has previously been convicted two or more times or …. committing an assault, in which event the offense is a _____ degree felony.
Class A misdemeanor
($4,000, jail up to one year or both)
Third degree felony
(2-10 years + $10,000)
Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
(a) 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.
Sec. 25.11. CONTINUOUS VIOLENCE AGAINST THE FAMILY.
(a) 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 22.01(a)(1) Assault against another person or persons whose relationship to or association with the defendant is described by Section 71.0021(b) Dating Violence, 71.003 Family, or 71.005 Household, Family Code.
Note on ages
Definitions of a Child
19.03 Capital Murder - child under 10 years
20.01 Restrain, Kidnapping, Smuggling - less than 14 or incompetent of any age
14 -17 years
20.05 Smuggling on Persons - younger than 18
20 Trafficking - younger than 18
- 17 years old - age of consent
- 14 and younger = 0 up to 14
- younger than 14 = 0 to 13 (?)
Joe gets out of Jail and is desperate to have sex. He ends up at the local park having sex with a duck he caught in the lake.
Bestiality
Person commits offense if he:
1) Engages in act involving contact between a persons mouth, genitals, or anus with an animals mouth genitals or anus.
2) Fondles anus or genitals in non lawful manner
3) Causes animal to contact seminal fluid of human
21.09 Bestiality
Person commits offense if he:1) Inserts any human body part or object into anus or genitals of animal in non lawful manner
2)Purchases, sells, possesses, or transfers animal with intent to comit actions (1-4)
3)Organizes, Promotes, Conducts, or Participates as observer in actions (1-4)
4/5) Causes, aids, or permits actions (1-4) to occur on any premise in person’s control
6) Engages in actions (1-4) in front of child younger than 18
Bestiality
A person commits an offense if, with a child younger than____ , whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or (B) causes the child to expose the child’s anus or any part of the child’s genitals. (Def)?
17 years of age
Indecency with a child
It is an affirmative defense to prosecution under section21.11 (Indecency with a child) that the actor: (1) was not more than _____than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and (3) at the time of the offense:
(A) was not required, to register for life as a sex offender; or
(B) was not a person who had a reportable conviction or adjudication for an offense under this section.
three years older
A person commits murder if he (3 ways):
(1) _________ or knowingly causes the death of an individual;
(2) intends to cause __________ and commits an act clearly dangerous to human life that causes the death of an individual (e.g. torture, cutting or shooting someone in extremity to bleed to death); or
(3) commits or attempts to commit a _______, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual (e.g. fleeing from a crime scene in a vehicle, hitting and killing a bystander in the process; suffocating a victim to death during sex assault)
intentionally
SBI (serious bodily injury)
felony
Sec. 19.02. MURDER
Female breast” means
any portion of the female breast below the top of the areola.
Intimate area” means
the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person
Changing room” means
a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.
A person commits an offense if, without the other person’s ___and with intent to invade the privacy of the other person, the person: (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a_____that the intimate area is not subject to public view;
(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or
(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission
consent
reasonable expectation
A person commits an offense if: (1) without the____ of the depicted person, the person intentionally discloses visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct;
(2) the visual material was obtained by the person or created under circumstances in which the depicted person had a _____that the visual material would remain private;
(3) the disclosure of the visual material causes harm to the depicted person; and
(4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information or material related to the visual material; or
(B) information or material provided by a third party in response to the disclosure of the visual material.
effective consent
reasonable expectation
Joe goes over to his new girlfriends house. He ends up alone in her daughters room and touches her between the legs.
Indecency with a Child
April goes to the park and starts video taping an all girls volleyball team, making sure to get every jiggle of the girls breasts. She intends to put the video online.
Invasive visual recording
A 37 year old grabs a 13 year old’s crotch
Indecency with a Child
A person commits an offense of _________ if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person’s consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.
Voyeurism
A person commits an offense of capital murder if the person commits murder and (remember the 9 ways):
1.
- knowingly, PO or firemen on duty;
- intentionally murders while committing another felony (kidnapping, burglary, robbery, agg sex assault, arson, obstruction, retaliation, terroristic threat);
- for (promise of) remuneration (murder for hire);
- while (attempting to) escaping from a penal institution;
- while incarcerated, murders another (employee, as gang initiation)
- while serving a life sentence;
- multiple murders during the same criminal transaction; or pursuant to the same scheme or course of conduct (e.g. serial killers)
- murders an individual under 10 years of age; or
- murders a judge as a retalition.
Sec. 19.03. CAPITAL MURDER.
A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Assault
A person commits an offense if the person: intentionally, knowingly, or recklessly impedes the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.
Assault
A person penetrates someone else’s sexual organ with a foreign object
Sexual assault
A person commits an offense if:(1) the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
(C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor
Sexual Assault
A person commits an offense regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
Sexual Assault
the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge
Sexual Assault
A twenty year-old-man engages in nonconsensual deviate sexual intercourse with a fourteen-year-old boy. A weapon is not displayed and the boy does not receive any serious bodily injury. What crime, if any, has occurred?
Sexual Assault
A twenty-five year old female has consensual sexual intercourse with a sixteen year old boy. What offense has occurred?
no offense because boy agreed to the act
Aggravated Sexual Assault
Deviate Sexual Intercourse
Sexual Assault
Sexual Assault
A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including the person’s spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
Aggravated Assault
the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation, building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious bodily injury to any person.
Aggravated Assault
Person commits an act of aggravated sexual assault if the Victim is younger than __years of age or the victim is ___ or disabled.
14
elderly
Person commits an act of sexual assault and the person:
- causes SBI or attempts to cause death of the victim in the course of the same criminal episode
- by acts or words MAKES THE VICTIM FEAR that they will become a victim of trafficking or that death, SBI, or kidnapping will be imminently inflicted
- by acts or words in the presence of the victim make them fear that anyone will become a victim of trafficking or that death, SBI, or kidnapping will be imminently inflicted (threatening mom that children will be hurt)
- uses or exhibits deadly weapon
- acts in concert with another individual towards the same victim
- with intent to assault the victim provides or administers substance that impairs the victim
Aggravated Sexual Assault
A person commits “indecency with a child” if, with a child younger than ____ years of age and not his spouse, whether the child is of the same or opposite sex, he engages in sexual conduct with the child.
A: 17
B: 14
C: 15
D: 16
A. 17
A twenty year old female has consensual sexual intercourse with her sixteen year old boyfriend who says he wants to marry her. What offense has occurred.
A: indecency with a child
B: lewd conduct
C: sexual assault
D: aggravated sexual assault
E: no offense committed
: sexual assault
Harry Buck is 20 years old. Harry has consensual sexual intercourse with Carla Jones. 13 years old. What would be the most appropriate charge to file?
A: Aggravated sexual assault, first degree felony
B: Indecency with a child, second degree felony
C: Sexual assault, second degree felony
D: Prohibited sexual conduct, third degree felony
A: Aggravated sexual assault, first degree felony
James De Lord is married to Betty De Lord and they live in Gatesville, TX. James De Lord owns a transportation business which causes him to spend 2 weeks a month in San Antonio. During the times James was in San Antonio, he met and fell in love with Lola Peckenpaw. James loved both Betty and Lola and to have the best of both worlds, James married Lola. Betty found out about this and filed charges on James. What charges did she file?
A: polygamy
B: aggravated polygamy
C: bigamy
D: incest
C: bigamy
John is 17 years of age. His parents adopt Mira, a 17 years old female. John and Mira have consensual sexual intercourse. What offense has occurred.
A: sexual assault
B: aggravated sexual assault
C: prohibited sexual conduct
D: no offense committed. Both are 17 and conduct was consensual
E: lewd conduct
C: prohibited sexual conduct
John Smith abducted Jane Smith. The fact that Jane Smith is John Smith’s daughter, and his sole intent was to assume lawful control and did not use deadly force is ________ for John Smith.
A: a defense for prosecution
B: an affirmative defense to prosecution
C: an exception to prosecution
D: no defense to prosecution
B: an affirmative defense to prosecution
Notes on Continuity
20.06 Cont’s Smuggling: 10/10+ days, 2/2+ times
20A.03 Cont’s Trafficking of Persons: 30/30+ days, 2/2+ times; 1/1+ V
- 02 Cont’s Sex Abuse of Young Child(ren): 30/30+ days, 2/2+ acts, 1/1+ V
- 072 Repeated Violation of Certain Court Orders: 12/12- months, 2/2+ times
- 11 Continuous Violence Against the Family: 12/12- months, 2/2+ times
Notes on TCOLE Test and Class Exams
- Concentrate on the basics (know the elements of the offense)
- Don’t over-analyze!
- Laws are not black and white when applied to real life. Shade of gray overlap.
- Emphasis on the working not literal knowledge of the law.
- Certain actions can fit different laws.
Structure or vehicle that is adapted for overnight accommodations of a persons
Habitation 28.01
“Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons and includes: (A) each separately secured or ______ of the structure or vehicle; and (B) each structure _______ to or connected with the structure or vehicle.
occupied portion; appurtenant
any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
Building
Property” means
1) real property 2) tangible or intangible personal property, including anything severed from land 3) a document, including money, that represents or embodies anything of value.
Includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation
Vehicle 28.01
Real property that is undeveloped for the purpose of human habitation
Open Space land 28.01
Burning of unwanted vegetation with the consent of the owner of the property on which vegetation is located and limited to a designated area
Controlled burning 28.01
A person 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 or damage…(Def)
Arson
A person 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 or damage:(1) (2)
(1) Any vegetation, fence, or structure on open space land (2) Any building, habitation, or building
The Penal Code states that a person commits “Arson” if they start a fire or cause an explosion with the intent to destroy or damage a __________, ___________, or ____________. habitation, property, livestock building, structure, property house, office, animal habitation, building, vehicle
habitation, building, vehicle
The crime of “_________” would include a situation where a person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with the intent to destroy or damage any building, habitation, or vehicle when the person is Criminal Mischief Unlawful Conduct Arson Trespassing
Arson
While intoxicated a person without consent, intentionally starts a fire that causes an explosion that destroys another’s home. Of the following, which is the most serious crime that has occurred?
Deadly Conduct
Criminal destruction
Unlawfully Carrying a Weapon
Arson
Arson
A person causes an explosion with the intent to damage a vehicle to collect insurance money. Which offense has been committed? Reckless Conduct Criminal Mischief Terroristic threat Arson
Arson
An offense under PC 28.02, Arson, is a felony of the ____ degree, unless bodily injury or _____ is suffered by any person by reason of the offense, in which event, it is a felony of the _____ degree. A: first; death; third B: first; serious bodily injury; second C: second; death; first D: second; serious bodily injury; first
C: second; death; first
A person commits an offense if, without the effective consent of the owner: (1) he _____ or ______ damages or destroys the tangible property of the owner Def?
intentionally knowingly CRIMINAL MISCHIEF.
A person intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person
CRIMINAL MISCHIEF.
A person commits an offense if, without the effective consent of the owner: he intentionally or knowingly damages or destroys the tangible property of the owner; tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner
Criminal Mischief
Criminal Mischief with damages or pecuniary loss is less than $100 it is a ____offense
Class C misdemeanor
Criminal Mischief with damages or pecuniary loss is $100 or more but less than $750 it is a ____offense
Class B misdemeanor
Criminal Mischief with damages or pecuniary loss is $750 or more but less than $2500 it is a ____offense
Class A misdemeanor
Criminal Mischief with damages or pecuniary loss is $2500 or more but less than$30000 it is a ____offense
State jail felony
the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss
Class A misdemeanor
less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon
State jail felony
less than $2,500, if the property was a fence used for the production or containment of: (i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or (ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code
State jail felony
less than $30,000 and the actor: (i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service; or (ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;
State jail felony
the amount of the pecuniary loss is $30,000 or more but less than $150,000
3rd degree felony
the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses
3rd degree felony
if the amount of pecuniary loss is $150,000 or more but less than $300,000
a felony of the second degree
f the amount of pecuniary loss is $300,000 or more
1st degree felony
An offense under this section is a _____ if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.
State jail felony
PC Quiz 2 Question - Value Ladder
PC Sec. 28.03. CRIMINAL MISCHIEF
Class C misdemeanor
> $100
(A) the amount of pecuniary loss is less than $100; or
(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;
PC Quiz 2 Question - Value Ladder
PC Sec. 28.03. CRIMINAL MISCHIEF
Class B misdemeanor
$100 > $750
(b)(2) the amount of pecuniary loss is $100 or more but less than $750
PC Quiz 2 Question - Value Ladder
PC Sec. 28.03. CRIMINAL MISCHIEF
Class A misdemeanor
$750 > $2,500
Public H2O (regardless of $ loss)
(A) the amount of pecuniary loss is $750 or more but less than $2,500; or
(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss
PC Quiz 2 Question - Value Ladder
PC Sec. 28.03. CRIMINAL MISCHIEF
State Jail Felony
- $2.5k > $30k
- > $2.5k (habitation damaged by firearm or explosive; fence for cattle, bison, horses, sheep, swine, goats, exotic lifestock)
- > $30k (interrupts or diverts flood control, dam, or public service)
- $750 > $30k (worship or human burial, a public monument, or a community center {med, social, edu], public/private elementary, secondary school, institution of higher edu)
(A) $2,500 or more but less than $30,000;
(B) less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;
(C) less than $2,500, if the property was a fence used for the production or containment of: cattle, bison, horses, sheep, swine, goats, exotic livestock or poultry; or game animals…by Section 63.001, Parks and Wildlife Code; or
(D) less than $30,000 and the actor:
(i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service; or
(ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply
(f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.
(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.
PC Quiz 2 Question - Value Ladder
PC Sec. 28.03. CRIMINAL MISCHIEF
Felony of Third Degree
$30k > $150k
kills 1+ head of cattle, bison, horse by firearm, weapon, any means
(A) the amount of the pecuniary loss is $30,000 or more but less than $150,000; or
(B) the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses
PC Quiz 2 Question - Value Ladder
PC Sec. 28.03. CRIMINAL MISCHIEF
Felony of Second Degree
$150k > $300k
$150,000 or more but less than $300,000
PC Quiz 2 Question - Value Ladder
PC Sec. 28.03. CRIMINAL MISCHIEF
Felony of First Degree
$300k +
pecuniary loss is $300,000 or more
PC Quiz 2 Question - Value Ladder
Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY
Punishments - Value Ladder
Class C: > $100
Class B: $100 > $750
Class A: $750 > $2,500
State Jail: $2,500 > $30,000
Third Degree: $30,000 > $150,000
Second Degree: $150,000 > $300,000
First Degree: $300,000 +
PC Quiz 2 Question - Value Ladder
Sec. 28.08. GRAFFITI
Punishments - Value Ladder
Class C: > $100
Class B: $100 > $750
Class A: $750 > $2,500
State Jail: $2,500 > $30,000
State Jail: $750 > $30,000 (school, higher edu inst., worship or human burial, public monument, community center [med, soc, edu programs])
Third Degree: $30,000 > $150,000
Second Degree: $150,000 > $300,000
First Degree: $300,000 +
PC Quiz 2 Question - Value Ladder
PC Sec. 31.03. THEFT
Punishments - Value Ladder
Class C: > $100
Class B if:
- $100 > $750;
- State-issued DL, commercial DL, personal ID certificate
- > $100 + conviction (any grade of theft) (MISDEMEANOR ENHANCEMENT)
Class A: $750 > $2,500
State Jail Felony if:
- $2,500 > $30,000 or
- >$2,500 and 2+ convict any grade of theft (FELONY ENHANCEMENT)
- > $20,000 and the property stolen is aluminum, bronze, copper, brass
- > $30,000 for >10 head of sheep, swine, or goats or any part;
- regardless of $
- theft of person, human corpse, grave, military grave marker;
- stolen firearm;
- official ballot or official carrier envelope for an election
Third Degree Felony:
$30,000 > $150,000 or
> $150,000 for:
- cattle, horses, or exotic livestock, fowl, single transaction;
- < 10 head of sheep, swine, or goats; single transaction
- CS stolen from pharmacy, clinic, hospital, nursing facility, or warehouse; or vehicle owned/operated by a wholesale Rx distributor.
Second Degree Felony:
- $150,000 > $300,000 or
- > $300,000 and ATM (or content, components)
First Degree Felony: $300,000 +
Î to the next higher category of offense if:
- public servant
- in a gov contract
- Medicare provide with Fed gov contract
- the owner was elderly or nonprofit;
- fire alarm ([de]activate)
- used a shielding or deactivation instrument against retail theft detector.
PC Quiz 2 Question - Value Ladder
Sec. 31.04. THEFT OF SERVICE
Punishments - Value Ladder
Class C: >$100
Class B: $100 > $750
Class A: $750 > $2,500
State Jail Felony: $2,500 > $30,000
Third Degree Felony: $30,000 > $150,000
Second Degree Felony: $150,000 > $300,000
First Degree Felony: $300,000 +
Sec. 36.01. DEFINITIONS.
(1) “Custody” means…
(1) “Custody” means:
(A) detained* or under arrest by a peace officer; or
(B) under restraint** by a public servant pursuant to an order of a court.
- * no longer free to leave; can exclude physical contact (e.g. stopping a vehicle with lights and sirens but not yet making a contact; however, may include handcuffing as well.*
- ** removing person’s liberty (placing in the back of patrol vehicle, handcuffing)*
Sec. 36.02. BRIBERY.
Define
No defense (two sets of circumstances)
Exception
(a) A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another:
(1) any benefit as consideration for the recipient’s decision, opinion, recommendation, vote, or other exercise of discretion as a
- public servant, party official, or voter;
- in a judicial or administrative proceeding (judges, prosecutors);
- for a violation of a duty imposed by law on a public servant or party official;
- political contribution,
(b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason.
(c) It is no defense to prosecution under this section that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after:
(1) the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or (2) the public servant ceases to be a public servant.
(d) It is an exception to the application of Subdivisions (1), (2), and (3) of Subsection (a) that the benefit is a political contribution as defined by Title 15, Election Code, or an expenditure made and reported in accordance with Chapter 305, Government Code.
Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER.
Hint: key word in coercion = influence.
(a) A person commits an offense if by means of coercion he:
(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty; or
(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.
What’s the difference between the influence in Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER and Sec. 36.04. IMPROPER INFLUENCE?
adjudicatory proceedings
Sec. 36.04. IMPROPER INFLUENCE.
(a) A person commits an offense if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law..
Detained or under arrest by a peace officer?
Custody
Sec. 36.01. DEFINITIONS.
(1) _____ means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
benefit
37.12. (a) A person commits an offense if: (1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item, including a vehicle, bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and
FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY
(1) causes a dog to _____ with another dog;
(2) participates in the earnings of or operates a facility used for _______;
(3) uses or permits another to use any real estate, building, room, tent, arena, or other property for ___________
Sec. 42.10. DOG FIGHTING.
1) FIght
2) dog fighting
3) dog fighting
(4) owns or possesses _________ equipment with the intent that the equipment be used to train a dog for ___________ or in furtherance of ___________;
(5) owns or trains a dog with the intent that the dog be used in an exhibition of dog __________; or
(6) attends as a spectator an exhibition of _________.
Sec. 42.10. DOG FIGHTING.
dog fighting
means any situation in which one dog attacks or fights with another dog
Dog Fighting
means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
Animal
(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner’s effective consent, kills, administers poison to, or causes serious bodily injury to an animal;
(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person’s custody;
(4) abandons unreasonably an animal in the person’s custody
Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS.
37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY. (a) A person commits an offense if: 2) the person who makes, provides, or possesses the item bearing the insignia ____ that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item.
knows
Sec. 38.13. Hindering Proceedings by Disorderly Conduct
A person commits an offense if he intentionally hinders an official proceeding by ________________________________.
noise or violent or tumultuous behavior or disturbance:
38.01 Custody” means:
(A) under ___ by a peace officer or under ___ by a public servant pursuant to an order of a court of this state or another state of the United States; or
(B) under ____by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.
arrest;
restraint;
restraint
(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(5) transports or confines an animal in a cruel manner;
(6) without the owner’s effective consent, causes bodily injury to an animal;
(7) causes one animal to fight with another animal, if either animal is not a dog;
(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or
(9) seriously overworks an animal.
Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an _______________.
Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL.
(ASSITANCE ANIMAL)
means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.
Escape
(b) A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an ________________ and, as a result of the person’s conduct, the ________________ is attacked, injured, or killed.
Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL.
(ASSITANCE ANIMAL)
(c) An offense under this section is a:
(1) Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an _______________;
(2) state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an _________________; or
(3) felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an _____________________.
Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL.
(ASSISTANCE ANIMAL)
” means a person for whom a valid arrest warrant has been issued.
“Fugitive from justice
Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his ______, _______, or _____to a peace officer who has lawfully arrested the person and requested the information.
name,
residence address;
date of birth
(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:
(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;
(2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person’s family or household, or the person’s property;
HARASSMENT
(a) A person commits an offense if the person intentionally or knowingly:
(1) tortures a _____________;
(2) fails unreasonably to provide necessary ______for a livestock animal in the person’s custody;
(3) _____unreasonably a livestock animal in the person’s custody;
(4) transports or confines a _______________ in a cruel and unusual manner
Sec. 42.09. CRUELTY TO LIVESTOCK ANIMALS
1) (LIVESTOCK ANIMALS)\
2) food, water, or care
3) abandons
4) livestock animal
What offense does a person commit if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit offcial request to desist?
38.13. Hindering Proceedings by Dosorderly Conduct.
(b)
(a) A person commits an offense if the person intentionally or knowingly:
(5) administers poison to a _____________, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner’s effective consent;
(6) causes one _____________ to fight with another livestock animal or with an animal as defined by Section 42.092;
(7) uses a live _______________ as a lure in dog race training or in dog coursing on a racetrack;
(8) trips a horse; or
(9) seriously overworks a ________________
Sec. 42.09. CRUELTY TO LIVESTOCK ANIMALS
(LIVESTOCK ANIMALS)
(a) A person commits an offense if the person, without legal authority, knowingly:
(1) disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a _____________;
(2) conceals a ___________ knowing it to be illegally disinterred;
(3) sells or buys a __________ or in any way traffics in a _____________;
(4) transmits or conveys, or procures to be transmitted or conveyed, a _____________ to a place outside the state; or
(5) vandalizes, damages, or treats in an offensive manner the space in which a _____________ has been interred or otherwise permanently laid to rest.
Sec. 42.08. ABUSE OF CORPSE.
(HUMAN CORPSE)
What is the punishment for an offense is a person is hindering an official proceeding by noise or violent behavior? What is the offense
- Hindering Proceedings by Disorderly Conduct
(c) An offense under this section is a Class A misdemeanor
- Hindering Proceedings by Disorderly Conduct
38.14. Taking or attempting to take a weapon from a peace officer.
What weapons do they have to attempt to take from an officer in the commission of the offense 38.14?
The official’s firearm, nightstick, stun gun, or personal protection chemical dispensing device.
(a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:
(1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening:
(A) bodily injury or death for the other person;
(B) bodily injury or death for a member of the other person’s family or household or for an individual with whom the other person has a dating relationship; or
(C) that an offense will be committed against the other person’s property;
Sec. 42.072. STALKING.
38.15 Interference with public duties
A person commits an offense if with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with?
(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
(2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty;
(3) a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire.
(a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:
(2) causes the other person, a member of the other person’s family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person’s property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended
STALKING
38.15. Interference with public duties.
True or False?
You can arrest a person who is interfering with public duties by speech only.
False
It is a defense to prosecution under this section that the interruption , disruption, impediment, or interference alleged consisted of speech only.
(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:
(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;
(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another
HARASSMENT
38.151. Interference with Police Service Animals
A person commits an offense if the person recklessly:
(1) taunts, torments, or strikes a police service animal;
(2) throws an obeject or substance at a police service animal;
(3) interferes with the control of the service animal, deprives the handler from controlling the service animal;
(4) releases a police service from its area of control;
(5) enters the area of control of a police service animal witout the effective consent of the handler, including placing food in the are of control;
(6) injures or kills a police service animal;
(7) engages in conduct likely to injure or kill a police service animal.
What’s the best analogy to differentiate between
36.02 BRIBERY and
Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER?
Carrot and Stick
means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:
(A) a communication initiated through the use of electronic mail, instant message, network call, a cellular or other type of telephone, a computer, a camera, text message, a social media platform or application, an Internet website, any other Internet-based communication tool, or facsimile machine; and
(B) a communication made to a pager.
ELECTRONIC COMMUNICATIONS
means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.
OBSCENE
42.07 HARASSMENT
(c) An offense under this section is a __________ , except that the offense is a ______________if:
(1) the actor has previously been convicted under this section; or
(2) the offense was committed under Subsection (a)(7) and:
(A) the offense was committed against a child under ___ years of age with the intent that the child:
(i) commit suicide; or
(ii) engage in conduct causing serious bodily injury to the child; or
(B) the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A, Civil Practice and Remedies Code.
(CYBER BULLYING)
Class B misdemeanor
Class A misdemeanor
18
A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) _____ arrested the person;
(2) lawfully _____ the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a_____to a criminal offense
lawfully;
detained;
witness
Sec. 36.05. TAMPERING WITH WITNESS.
- Under this Section, a witness can be subjected to _______ or ______.
* Hint: carrot and stick analogy* - Can a witness himself/herself be charged with this offense?
1. influence or coercion
(a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official proceeding:
(1) to testify falsely;
(2) to withhold any testimony, information, document, or thing;
(3) to elude legal process summoning him to testify or supply evidence;
(4) to absent himself from an official proceeding to which he has been legally summoned;
(5) to abstain from, discontinue, or delay the prosecution of another.
2. Yes.
(b) A witness or prospective witness in an official proceeding commits an offense if he knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a).
38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION. (a) A person commits an offense if he _______or_____a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using_______against the peace officer or another.
intentionally prevents;
obstructs;
force
(a) An individual commits an offense if the individual -_________ prevents or interferes with another individual’s ability to place an ____________ or to _________________, including a __________________ using an electronic communications device, in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE.
KNOWINGLY
EMERGENCY CALL
REQUEST ASSISTANCE
REQUEST FOR ASSISTANCE
38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.
It is ___defense to prosecution under this section that the arrest or search was unlawful.
no
(b) An individual commits an offense if the individual __________ renders unusable an electronic communications device, including a telephone, that would otherwise be used by another individual to place an _____________or to _____________ in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE.
RECKLESSLY
emergency call
REQUEST ASSISTANCE
38.04. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him. DEF?
EVADING ARREST OR DETENTION.
Sec. 36.06. OBSTRUCTION OR RETALIATION.
What are the two important elements under this Section?
The intent to _____ and ____ the fact
Intent to cause harm/threaten and
after the fact, to get back at someone
(a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act:
(1) in retaliation … or prevent or delay the service for or on account of the service or status of… public servant, witness, prospective witness, or informant, or reporting person.
(a-1) A person commits an offense if the person posts on a publicly accessible website the residence address or telephone number of an individual the actor knows is a public servant or his family or household with the intent to cause harm or a threat of harm to the individual or a member of the individual’s family or household in retaliation for or on account of the service or status of the individual as a public servant.
EVADING ARREST OR DETENTION is a _______if the actor uses a vehicle while the actor is in flight
felony of the 3rd degree
___________________________ means a law that specifically applies to a person acting in the capacity of a public servant and that directly or inderectly:
(A) imposes a duty on the public servant; or
(B) governs the conduct of the public servant.
“Law relating to a public servant’s office or employment”
EVADING ARREST OR DETENTION is a _______
Class A misdemeanor
WHAT DOES “PSAP” STAND FOR?
Sec. 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE.
PUBLIC SAFETY ANSWERING POINT
38.05. HINDERING APPREHENSION OR PROSECUTION. (a) A person commits an offense if, with ___ to hinder the _____, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, _____, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias,
intent;
arrest;
detention
(b) A person commits an offense if the person makes a call to a _____1_____, or requests _____2_____using an electronic communications device, when there is not an emergency and knowingly or intentionally:
(1) remains ______; or
(2) makes ________ or harassing statements to a PSAP employee.
Sec. 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE.
1 &2) 9-1-1 service
SILENT
ABUSIVE
- Abuse of Official Capacity
(a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
- Abuse of Official Capacity
(1) violates a law relating to the public servant’s office or employment; or
(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.
38.05. HINDERING APPREHENSION OR PROSECUTION. (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:
(1) _____ or conceals the other;
(2) provides or____in providing the other with any means of avoiding arrest or effecting escape; or
(3) warns the other of _____or apprehension.
harbors,
aids,
impending discovery
(a) A person commits an offense if the person escapes from custody when the person is:
(1) under arrest for, lawfully detained for, charged with, or convicted of an offense;
(2) in custody pursuant to a lawful order of a court;
(3) detained in a secure detention facility, as that term is defined by Section 51.02, Family Code; or
(4) in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code.
ESCAPE.
ESCAPE
(a) A person commits an offense if the person escapes from custody when the person is:
(1) ______ for, lawfully detained for, charged with, or convicted of an offense;
(2) in custody pursuant to a _____of a court;
(3) _____ in a secure detention facility, as that term is defined by Section 51.02, Family Code; or
(4) in the ___ of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code.
1) under arrest,
2) lawful order;
3) detained;
4 )custody
Sec. 37.02. PERJURY.
(a) A person commits an offense if, with intent to _____ and with knowledge of the statement’s meaning:
(1) he makes a _____ statement under oath or swears to the truth of a ____ statement previously made and the statement is required or authorized by law to be made under oath; or
(a) A person commits an offense if, with intent to deceive and with knowledge of the statement’s meaning:
(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
. (a) An official or employee of a correctional facility commits an offense if he knowingly permits or facilitates the escape of a person in custody.
(b) A person commits an offense if he knowingly causes or facilitates the escape of one who is in custody pursuant to:
(1) an allegation or adjudication of delinquency; or
(2) involuntary commitment for mental illness under Subtitle C, Title 7, Health and Safety Code, or for chemical dependency under Chapter 462, Health and Safety Code.
38.07. PERMITTING OR FACILITATING ESCAPE
38.08. EFFECT OF UNLAWFUL CUSTODY. It is_____ to prosecution under Section 38.06 or 38.07 that the custody was unlawful.
no defense
PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY. (a) A person commits an offense if the person provides, or possesses with the intent to provide:
(1) an_____, controlled substance, or dangerous drug to a person in the custody of a correctional facility or civil commitment facility, except on the prescription of a practitioner;
(2) a _____to a person in the custody of a correctional facility or civil commitment facility;
(3) a _____or other ____ communications device or a component of one of those devices to a person in the custody of a correctional facility;
(4) _____ to a person confined in a correctional facility; or
(5) a cigarette or ____to a person confined in a correctional facility, except that if the facility is a local jail regulated by the Commission on Jail Standards, the person commits an offense only if providing the cigarette or tobacco product violates a rule or regulation adopted by the sheriff or jail administrator that:
1) alcoholic beverage,
2) deadly weapon,
3) cellular telephone, wireless,
4) money,
5) tobacco product
d) A person commits an offense if the person:
(1) possesses a _______while in a correctional facility or civil commitment facility or on property owned, used, or controlled by a correctional facility or civil commitment facility; or
(2) possesses a while in a correctional facility or civil commitment facility.
1) controlled substance or dangerous drug
2) deadly weapon
38.114. CONTRABAND IN CORRECTIONAL FACILITY. (a) A person commits an offense if the person:
(1) _____ contraband to an inmate of a correctional facility;
(2) otherwise ____ contraband into a correctional facility; or
(3) possesses contraband while ____ in a correctional facility.
1) provides,
2) introduces,
3) confined
Sec. 36.07. ACCEPTANCE OF HONORARIUM.
(a) A public servant commits an offense if the public servant solicits, accepts, or agrees to accept an _________ in consideration for services that the public servant would ____ have been requested to provide but for the public servant’s official position or duties.
(b) This section does ___prohibit a public servant from accepting transportation and lodging expenses in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent that those services are more than merely perfunctory, or from accepting meals in connection with such an event.
(a) A public servant commits an offense if the public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant’s official position or duties.
(b) This section does not prohibit a public servant from accepting transportation and lodging expenses in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent that those services are more than merely perfunctory, or from accepting meals in connection with such an event.
(b-1) Transportation, lodging, and meals described by Subsection (b) are not political contributions as defined by Title 15, Election Code.
38.12. BARRATRY AND SOLICITATION OF PROFESSIONAL EMPLOYMENT. (a) A person commits an offense if, with intent to obtain an economic benefit the person:
(1) ______that the person has not been authorized to pursue;
(2) solicits employment, either in ______, for himself or for another;
(3) pays, gives, or advances or offers to pay, give, or advance to a prospective client money or anything of value to obtain ______from the prospective client;
(4) pays or gives or offers to pay or give a person money or anything of value to ___ employment;
(5) pays or gives or offers to pay or give a _____money or anything of value to solicit employment; or
(6) accepts or agrees to accept ____of value to solicit employment.
1) knowingly institutes a suit or claim;
2) person or by telephone;
3) employment as a professional;
4) solicit;
5) family member of a prospective client;
6) money or anything
A public servant commits this offense when he intentionally subjects another to sexual harassment.
39.03. Official Oppression
38.13. . (a) A person commits an offense if he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.
HINDERING PROCEEDINGS BY DISORDERLY CONDUCT
42.01. Disorderly Conduct.
A person commits an offense if he intentionally or knowingly:
(1) uses _________________ in a public place, and the language by its very utterance tends to incite an immediate breach of the peace.
abusive, indecent, profane, or vulgar language
- 13 Def?
(b) A person commits an offense if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist.
HINDERING PROCEEDINGS BY DISORDERLY CONDUCT
Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE.
(a) A person commits an offense if, with intent to deceive, he knowingly makes a ____ statement that is material to a criminal investigation and makes the statement to:
(1) a PO or federal special investigator conducting the investigation; or
(2) ___ employee of a law enforcement agency (e.g. expediters) that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.
Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE.
(a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a PO or federal special investigator conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.
- Disorderly Conduct
(a) a person commits an offense if he intentionally or knowingly:
(2) makes an _________ or display in a public place, and the gesture or display tends to incite an immediate breach of the peace.
- Disorderly Conduct
offensive gesture.
Sec. 37.04. MATERIALITY.
(a) A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the _____ _______.
Sec. 37.04. MATERIALITY.
(a) A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding.
What two elements make perjury aggravated?
official proceedings and materiality
Sec. 37.03. AGGRAVATED PERJURY.
(a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third degree.
A person commits an offense if he intentionally or knowingly discharges a firearm in a public place other than a public road or a sport shootin range,
Disorderly conduct
- Disorderly Conduct
(a) a person commits an offense if he intentionally or knowingly:
(3) creates, by chemical means, a ______________ in a public place
- Disorderly Conduct
noxious and unreasonable odor
A person commits an offense if he intentionally or knowingly: displays a firearm or other deadly weapon in a public place in a manner calculated to alarm
Disorderly conduct
- Disorderly Conduct
(a) a person commits an offense if he intentionally or knowingly:
(4) ________ or ________ a person in a public place in an obviously offensive manner
- Disorderly Conduct
abuses or threatens
A person commits an offense if he intentionally or knowingly: discharges a firearm on or across a public road;
Disorderly Conduct
A person commits an offense if he intentionally or knowingly: exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act;
Disorderly Conduct
Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
(a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record, document, or thing with ____ to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or
(2) makes, presents, or uses any record, document, or thing with _____ of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
(a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding;
* TAMPERING (destroying get-away car or text messages, wiping fingerprints)*
or
(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
* FABRICATING (putting fingerprints, swapping murder weapons)*
A person commits an offense if he intentionally or knowingly: for a lewd or unlawful purpose:
(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
Disorderly Conduct
- Disorderly Conduct
(a) a person commits an offense if he intentionally or knowingly:
(5) makes unreasonable noise in ________ other than a sports shooting range… or in or near a private residence that he has no right to occupy.
- Disorderly Conduct
a public place
A person commits an offense if he intentionally or knowingly: for a lewd or unlawful purpose: while on the premises of a hotel or comparable establishment, looks into a guest room not the person’s own through a window or other opening in the room;
Disorderly COnduct
A person commits an offense if he intentionally or knowingly: for a lewd or unlawful purpose: while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
Disorderly COnduct
Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD.
(a) A person commits an offense if he:
(1) knowingly makes a ____ entry in, or ____alteration of, a governmental record;
(2) makes, presents, or uses any record, document, or thing with _____ of its falsity and with intent that it be taken as a genuine governmental record;
(3) ______ destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
(4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used _____;
(5) makes, presents, or uses a governmental record with knowledge of its falsity; or
(6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.
Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD.
(a) A person commits an offense if he:
(1) knowingly makes a false entry in, or false alteration of, a governmental record;
(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
(3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
(4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;
(5) makes, presents, or uses a governmental record with knowledge of its falsity; or
(6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.
42.02. Riot.
“Riot” means the assemblage of ______ or more persons.
seven
Sec. 37.11. IMPERSONATING PUBLIC SERVANT.
(a) A person commits an offense if he:
(1) impersonates a public servant with intent to induce another to submit to his _____ _____ _____or to rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a ____ _____or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.
(b) An offense under this section is a felony of the third degree.
Sec. 37.11. IMPERSONATING PUBLIC SERVANT.
(a) A person commits an offense if he:
(1) impersonates a public servant with intent to induce another to submit to his pretended official authority (KEY PHRASE) or to rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.
(b) An offense under this section is a felony of the third degree.
- Riot.
(a) For the purpose of this section, “riot” means the assemblage of seven or more persons resulting in conduct which:
- Riot.
(1) creates an immediate danger of damage to property or injury to persons;
(2) substantially obstructs law enforcement or other governmental functions or services; or
(3) by force, threat or force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.
- Obstructing Highway or Other Passageway.
(a) A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly:
- Obstructing Highway or Other Passageway.
(1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or
(2) disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises:
(A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or
(B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
(a) A person commits an offense if, with intent to _____the witness, he offers, confers, or agrees to confer any____ on a witness or prospective witness in an official proceeding, or he ______ a witness or a prospective witness in an official proceeding:
DEF?
influence ;
benefit;
coerces
Tampering with Witness
A person with intent interrupts a lawful city council meeting an yells obscenities:
Disruptive Meeting or Procession
According to PC 36.06, what offense is committed when a person threatens to harm another, by unlawful acts, on account of their services as a witness or public servant?
A: Tampering with a witness
B: Jury tampering
C: Obstruction or retaliation
D: Official Oppression
C: Obstruction or retaliation
A person enters the county commissioner’s meeting and begins to shout obscenities. According to the Penal Code, that person has committed the offense of _______
A: disrupting meeting or procession
B: disorderly conduct
C: riot
D: harassment
A: disrupting meeting or procession
According to PC 38.01, ______ is failing to return to custody following a temporary leave for a specific purpose
A: unauthorized departure
B: escape
C: evading arrest
D: evasion
B: escape
“Club” means an instrument that is specially designed , made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes : (A)________; (B)________; (C)________; (D)________.
Blackjack; nightstick; mace; tomahawk.
A weapon capable of firing a projectile using a confined explosive as a propellant.
firearm.
Any device designed, made, or adapted to muffle the report of a firearm.
Firearm silencer.
Any firearm that is designed, made, or adapted to be fired with one hand.
Handgun.
Knife with a blade over 5.5 inches
Location Restricted Knife.
Any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
Knife
any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles
Knuckles.
An automatic gun that fires bullets in rapid succession for as long as the trigger is press
Machine Gun.
a rifle with a barrel length of less than 16 inches or a shotgun less than 18 inches or any weapon made from a shotgun with a length of less than 26 inches
Short-barrel firearm
Handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers
Armor-Piercing Ammunition
a device that reasonable appears to be an explosive device
Hoax Bomb
A device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.
Chemical dispensing device
a device or combination of devices that was not originally a firearm and is adapted to expel in projectile through a smooth-bore or rifled bore barrel by using the energy generated by an explosion or burning substance.
Zip gun
a device, including a caltrop or spike strip, that when driven over, stops the movement of a wheeled vehicle by puncturing one or more of the tires
Tire Deflation Device
A completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage.
Improvised explosive device (IED)
a person who intentionally, knowingly, or recklessly carries on or about themselves a handgun, illegal knife or club
Unlawful Carrying Weapons.
46.02. Unlawful Carrying Weapons. (a-1) A person commits commits an offense if…
The handgun is in plain view in their vehicle, unless is licensed to carry.
46.03. Places Weapons Prohibited. Intentionally, knowingly, or recklessly possesses or goes with a firearm, location restricted knife, club, or prohibited weapon:
1) on the physical premises of a school or educational institution (pursuant written regulations/ the person possesses or goes with a concealed handgun) 2) higher education center 3) premises of a polling place 4) Government court 5) Racetrack 6) airport 7) within 1000ft of Texas Department of Criminal Justice on the day an execution is taking palce
46.02 UCW
HANDGUN or CLUB
- IKR* + NOT
- Owned/controlled premises
- Inside of/en route to MV/H2OC**
*Intentionally, Knowingly, Recklessly
** Watercraft
46.02 UCW
HANDGUN IN MV/H2OC*
(*owned/controlled, any time)
MV - Motor Vehicle
- plain view (UNLESS LTC* + in holster)
- criminal activity, other than a Class C for traffic or boating;
- prohibited by law (felon, domestic violence, protective orders)
- street gang member
*LTC - License To Carry based on Subchapter H, Chapter 411, Government Code
46.02 UCW
LRK
*Location-Restricted Knife - a knife with a blade over 5 ½ inches.
- IKR + >18 and NOT
- Owned / controlled premises
- Inside of / en route to MV/H2OC OR
- Direct supervision (parent/guardian)
Sec. 46.03. PLACES WEAPONS PROHIBITED (PWP)
Firearm, LRK, Club, or Sec 46.05 prohibited weapon*
*explosive weapon;
machine gun;
short-barrel firearm; or
firearm silencer;
knuckles;
armor-piercing ammunition;
chemical dispensing device;
zip gun;
TDD (tire deflation device);
IED (improvised explosive device).
IKR
- Edu/sponsored/conducted/transported UNLESS auth-d OR has LTC;
- polling place/ early voting;
- court;
- racetrack;
- TSA/airport;
- 1,000 feet on a day at the place of execution + notice.
Sec. 46.03. PLACES WEAPONS PROHIBITED (PWP)
Location Restricted Knife
IKR
- 51% or on-premises alcohol (bars);
- sporting event (esp. edu) UNLESS participant + LRK used;
- correctional facility;
- hospital, nursing facility
- mental hospital;
- amusement park;
- religious worship.
Sec. 46.03. PLACES WEAPONS PROHIBITED (PWP)
DEFENSES (otherwise F3o*)
*Felony of 3rd Degree (except LRK - Class C)
Military, penal, court, PI/PS (private investigator, private security)
- official duties
- travelling (uniform: plain view; non-uniform: concealed)
Airport:
- Checked luggage
- LTC - TSA - notice - exit (no arrest)
NO defense: go to PWP with LTC
46.02. Unlawful Carrying Weapons. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a ______ or ______; and (2) is not: (A) on the person’s own premises or premises under the person’s control; or (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.
handgun; club.
46.02. Unlawful Carrying Weapons. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and (2) is not:
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.
46.03. Places Weapons Prohibited. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a _______________: (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
location-restricted knife
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a location-restricted knife (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a location-restricted knife is used in the event; (3) on the premises of a correctional facility; (4) on the premises of a hospital or on the premises of a nursing facility, unless the person has written authorization of the hospital or nursing facility administration, as appropriate; (5) on the premises of a mental hospital, unless the person has written authorization of the mental hospital administration; (6) in an amusement park; or (7) on the premises of a church, synagogue, or other established place of religious worship.
46.03. Places Weapons Prohibited.
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.
Includes deviate sexual intercourse, sexual contact, and sexual intercourse.
Sexual conduct.
43.02. Prostitution. A person commits an offense if the person knowingly ____________________ from another to engage in sexual conduct.
offers or agrees to receive a fee.
43.02. Prostitution. A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of __________________ with that person or another.
Engaging in sexual conduct.
43.04. Promotion of Prostitution. Acting other than as a prostitute receiving compensation for personally rendered prostitution services; he or she knowingly:
Receives money or other property pursuant to an agreement to participate in the proceeds or prostitution; or Solicits another to engage in sexual conduct with another person for compensation.
43.04. Aggravated Promotion of Prostitution. Knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses __________________.
two or more prostitutes.
Knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.
43.04. Aggravated Promotion of Prostitution.
43.05. Compelling Prostitution. Person knowingly: Causes another by _____, _____, or _____ to commit prostitution.
force, threat, or fraud.
43.05. Compelling Prostitution. Person knowingly: Causes by any means a child younger than ___ to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense.
18.
A play, motion picture, dance or other exhibition performed before an audience. DEFENITION.
Performance.
Material or a performance that the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex.
Obscene.
(a) A person commits an offense if, while confined in a ________________, he intentionally, knowingly, or recklessly: (1) carries on or about his person a _______________; or (2) possesses or __________ a deadly weapon in the _______ institution.
Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION
penal institution;
deadly weapon;
conceals;
penal
(b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an ________ of the _______________. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. (d) An offense under this section is a felony of the ______ degree.
Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION employee, penal institution, third
means the number of grams of _______ per:
(A) 210 liters of ______;
(B) 100 milliliters of ______; or
(C) 67 milliliters of _____.
Alcohol Concentration
alcohol;
breath;
blood;
urine.
means: (A) not having the normal use of ______ or ________ faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the _____; or (B) having an alcohol concentration of ____ or more.
Intoxicated
mental
physical
body
0.08
means a vessel, one or more _________, an _________, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.
Watercraft
water skis
aquaplane
means a device in, on, or by which a person or property is or may be __________ or drawn on a highway, except a device used exclusively on stationary ______ or ________.
Motor Vehicle
transportation
rails tracks
DEF? means a __________________ that carries passengers along, around, or over a fixed or restricted course or within a defined area for the purpose of giving the passengers __________, pleasure, or excitement.
Amusement Ride
mechanical device
amusement
DEF? means an ________________ that is designed or adapted to be moved from one location to another and is not fixed at a single location.
Mobile Amusement Ride;
amusement ride
(a) A person commits an offense if the person appears in a public place while __________ to the degree that the person may endanger the person or another. (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. (b) It is a _______ to prosecution under this section that the _______ or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician.
Sec. 49.02. PUBLIC INTOXICATION.
intoxicated
defense
alcohol
43.25. Sexual Performance by a Child. A person commits an offense if, knowing the character and content thereof, he _______, _______ or _______a child younger than 18 years of age to engage in sexual conduct or a sexual performance.
employs, authorizes or induces.
(a) A person commits an offense if the person is intoxicated while operating a ____________ in a public place. (b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class ___ misdemeanor, with a minimum term of confinement of ___ hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an ________________ of alcohol in the person’s immediate possession, the offense is a Class ___ misdemeanor, with a minimum term of confinement of ____ days. (d) If it is shown on the ______ of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of _____ or more at the time the analysis was performed, the offense is a Class ___ misdemeanor.
Sec. 49.04. DRIVING WHILE INTOXICATED. a) motor vehicle b) B 72 c) open container B six d) trial 0.15 A
A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.
43.25. Sexual Performance by a Child.
A person commits an offense if, knowing the character and content of the material, he produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18 years of age.
43.25. Sexual Performance by a Child.
43.26. Possession or Promotion of Child Pornography. Person knowingly or intentionally possesses, or knowingly and intentionally __________________, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct.
accesses with intent to view.
43.22. Obscene Display or Prostitution. A person commits an offense if he intentionally or knowingly displays or distributes an obscene _______, _______, or _______ or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.
Photograph, drawing or similar visual representation.
A conceal license holder commits an offense if he intentionally displays the handgun in plain view of another person in a public place.
46.035. Unlawful Carrying of Handgun by License Holder.
46.035. Unlawful Carrying of Handgun by License Holder. A license holder commits an offense if he intentionally, knowingly, or recklessly carries a handgun regardless of whether the handgun is concealed or carried in a shoulder or holster in the following premises or places.
on the premises of a business; on the premises of a high school, collegiate, or professional sporting event or interscholastic event; correctional facility; hospital; amusement park; church; civil commitment facility.
What offense does a person commit when he is a license holder and has a handgun while he is intoxicated.
46.035. Unlawful Carrying of Handgun by License Holder.
Josh has a License to Carry and attends a UTSA football game with a conceal handgun. What offense does he commit if they never gave him effective notice under section 30.06.
Unlawful Carrying of Handgun by License Holder. No offense was committed since they fail to give effective notice under section 30.06.
43.26. Possession or Promotion of Child Pornography. Person knowingly or intentionally possesses, or knowingly and intentionally __________________, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct.
accesses with intent to view.
means an agreement to win or lose something of value solely or partially by chance.
Bet
Bob has a firearm following a family violence offense and is been only 2 years since the incident. What offense is Bob committing, if any? Bob was charged with a Class A misdemeanor after the incident and is still in probation.
Bob is committing an offense under 46.04. Unlawful Possession of Firearm since he has to wait until the 5th anniversary of release from confinement or the 5th anniversary from community supervision release date.
to receive and record or to forward bets or offers to bet totaling more than $1,000 in a period of 24 hours
Bookmaking
a scheme by three or more persons to receive, record, or forward a bet or an offer to bet
Bookmaking
means any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or the playing of gambling devices.
Gambling place
means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance.
Gambling Device
includes, but is not limited to, ________ versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits
Gambling Device
46.03. Places Weapons Prohibited. A person commits an offense if he if intentionally, knowingly, or recklessly possesses or goes with a firearm, location restricted knife, club, or prohibited weapon
- Physical premises of a school;
- Polling place;
- Any government court;
- Racetrack;
- secure area of an airport;
- Within 1000 ft of a place of execution on the day of the execution.
A license holder commits an offense if he intentionally displays the handgun in plain view of another person in a public place.
46.035. Unlawful Carrying of Handgun by License Holder.
A person commits an offense if he: (1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest; (DEF)?
Gambling
A person commits an offense if he:(2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate (DEF)?
Gambling
A person commits an offense if he: plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device. (DEF)?
Gambling
46.035. Unlawful Carrying of Handgun by License Holder. A license holder commits an offense if he intentionally, knowingly, or recklessly carries a handgun regardless of whether the handgun is concealed or carried in a shoulder or holster in the following premises or places.
on the premises of a business that ;
on the premises of a high school, collegiate, or professional sporting event or interscholastic event;
correctional facility;
hospital;
amusement park;
church;
civil commitment facility.
It is a _______under this section that: (1) the actor engaged in gambling in a_____ place; (2) no person received any ______ benefit other than personal winnings; and (3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
defense to prosecution; private: economic
What offense does a person commit when he is a license holder and has a handgun while he is intoxicated.
46.035. Unlawful Carrying of Handgun by License Holder.
A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the earnings of a gambling place; (2) engages in bookmaking; (3) for gain, becomes a custodian of anything of value bet or offered to be bet;
Gambling promotion
A person commits an offense if he intentionally or knowingly does any of the following acts: (4) sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
Gambling promotion
A person commits an offense if he intentionally or knowingly does any of the following acts: (5) for gain, sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.
Gambling Promotion
Josh has a License to Carry and attends a UTSA football game with a conceal handgun. What offense does he commit if they never gave him effective notice under section 30.06.
Unlawful Carrying of Handgun by License Holder. No offense was committed since they fail to give effective notice under section 30.06.
46.04. Unlawful Possession of a Firearm A person who has been convicted of a _______ commits an offense if he possesses a firearm.
Felony.
46.04. Unlawful Possession of a Firearm A person who has been convicted of a felony commits an offense if he possesses a firearm:
after conviction and before the 5th anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision (probation), which ever date is later.
Bob has a firearm following a family violence incident and is been only 2 years since the incident. What offense is Bob committing, if any? Bob was charged with a Class A misdemeanor.
Bob is committing an offense under 46.04. Unlawful Possession of Firearm since he has to wait until the 5th anniversary of release from confinement or the 5th anniversary from community supervision release date.
According to PC 43.03, a person (not the prostitute) who knowingly solicits another to engage in sexual conduct with another person (a prostitute) for compensation commits the offense of _______
A: prostitution
B: promotion of prostitution
C: aggravated promotion of prostitution
D: compelling prostitution
B: promotion of prostitution
According to PC 47.03, a person who intentionally operated or participates in the earning of a gambling place has committed the offense of _________
A: keeping a gambling place
B: gambling
C: gambling promotion
D: bookmaking
C: gambling promotion
According to the Penal Code, which of the following is a “short barrel” firearm? A: A rifle with a 16-inch barrel B: A shotgun with an 18-inch barrel C: A shotgun with an overall length of less than 26 inches D: A rifle with an overall length of more than 26 inches
C: A shotgun with an overall length of less than 26 inches
According to the Penal Code, which of the following is NOT covered in Section 46.02, “unlawful carrying weapons?”
A: Handgun
B: Shotgun
C: Club
D: location restricted knife
B: Shotgun
A person, not the operator, knowingly possesses an open container (of alcohol) in a passenger area of a motor vehicle that is located on a public highway. According to the Penal Code, the person has committed the offense of _________
A: Public Intoxication
B: Possession of alcoholic beverage in motor vehicle
C: Driving while intoxicated
D: Open container
B: Possession of alcoholic beverage in motor vehicle
A person is in possession of a burning tobacco product in an elevator. According to the Penal Code, what offense has been committed?
A: No offense
B: Smoking tobacco
C: Disorderly conduct
D: Criminal mischief
B: Smoking tobacco
Driving While Intoxicated with Child Passenger is a A: Class A Misdemeanor B: Third Degree Felony C: State Jail Felony D: Class B Misdemeanor
C: State Jail Felony
A person commits the offense of “Driving While Intoxicated with Child Passenger” if the vehicle being operated by the intoxicated driver is occupied by a passenger who is younger than _____ years of age.
A: 16
B: 15
C: 18
D: 17
E: 14
B: 15
A person, who is licensed to carry a handgun, is carrying a concealed handgun on his person as he drives his automobile. He is stopped for speeding (Class C Misdemeanor). Besides the speeding, this person can be charged with.
A: no other offense from information given
B: places weapons prohibited
C: unlawful carrying of weapon
D: unlawful carrying of weapon by license holder
A: no other offense from information given
Definition of short barrel firearm: A shotgun with a barrel length of less than ___ inches or as altered with an overall length of less than ___ inches
A: 18; 26
B: 18; 24
C: 16; 16
D: 18; 24
E: 16; 26
A: 18; 26
To commit the offense of “public intoxication” the person must be in a public place, under the influence of some type of alcoholic beverage or any other substance, and ___________
A: be unable to walk or stand
B: be intoxicated
C: not be able to successfully complete the SFST’s
D: be a danger to themselves or others
E: must be affirmatively linked to an open container or alcoholic beverages
D: be a danger to themselves or others
Which of the following weapons would be classified as short barrel firearms?
A: a shotgun with an 18 inch barrel; 25 inches overall length
B: shotgun with a 19 inch barrel; 25 inches overall length
C: shotgun with a 17 inch barrel; 36 inches overall length
D: all of the weapons listed are short barrel firearms
E: none of the listed weapons are short barrel firearms
D: all of the weapons listed are short barrel firearms
You make a traffic stop on a person that is transporting a 26’’ rifle with a 16’’ barrel. What offense has been committed?
A: no offense
B: prohibited weapon
C: unlawful carrying weapon
D: unlawful transfer of certain weapons
A: no offense
You stop a person on traffic and he has a shotgun on the back seat of his vehicle. He says he has been quail hunting. You find that he was released from parole six years ago for robbery. What offense has he now committed?
A: no offense as he is in a privately owned motor vehicle
B: unlawful transfer of certain weapons
C: unlawful possession of firearm
D: unlawful carrying weapon
C: unlawful possession of firearm
After commiting a felony a person cannot carry a firearm at any location other than the premises at which the person lives. Still has to wait 5 years after the date he was release from confinement or probation.
You are assigned to the Travis County Livestock Show and Rodeo as a uniformed foot patrolman. You observe a man and woman engaged in a loud heated argument. You identify yourself and request identification from both parties. The male drops his Texas License to Carry a Handgun and is armed. However, he is also intoxicated. What charges may be filed if any?
Unlawful Carry of a Handgun by a License Holder
A person, who is not a handgun license holder, is carrying a concealed handgun on his person as he drives his automobile. He is stopped for speeding (Class C Misdemeanor). Besides the speeding offense, this person can be charged with.
A: no other offense from the information given
B: unlawful carrying weapon
C: unlawful carrying of handgun by license holder
D: places weapons prohibited
A: no other offense from the information given
A person, who is a handgun license holder, is carrying a concealed handgun on his person as he drives his automobile. He is stopped for speeding (Class C Misdemeanor). Besides the speeding offense, this person can be charged with.
A: places weapons prohibited
B: no other offense from this information given
C: unlawful carrying weapon
D: unlawful carrying of handgun by license holder
B: no other offense from this information given
47.03. GAMBLING PROMOTION. (a) A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the ______ of a gambling place; (2) engages in _______; (3) for ____, becomes a custodian of anything of value bet or offered to be bet; (4) sells _____ on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or (5) for gain, sets up or _______ any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.
1) earnings; 2) bookmaking; 3) gain; 4) chances 5) promotes
Sec. 47.04_______. (a) A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.
KEEPING A GAMBLING PLACE.
A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public _____ or ______ school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place.
primary; secondary;
DEF? A person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state: (1) cigarettes that do not comply with all applicable requirements imposed by or under federal law and implementing regulations; or (2) cigarettes to which stamps may not be affixed under Section 154.0415, Tax Code, other than cigarettes lawfully imported or brought into the state for personal use and cigarettes lawfully sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with 19 U.S.C. Section 1555(b), as amended.
48.015. PROHIBITIONS RELATING TO CERTAIN CIGARETTES.
MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In this section: (1) “Child” means a person younger than _____of age.
17 years
A person commits an offense if a child gains access to a readily______ firearm and the person with criminal negligence: (1) failed to secure the firearm; or (2) left the firearm in a place to which the person knew or should have known the child would gain access.
dischargeable
DEF?. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS
intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; DEF?
46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS
intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
. UNLAWFUL TRANSFER OF CERTAIN WEAPONS
Sec. 71.01. DEFINITIONS.
(a) “________” means three or more persons who collaborate in carrying on criminal activities, although:
(1) participants may not know each other’s identity;
(2) membership in the combination may change from time to time; and
(3) participants may stand in a wholesaler-retailer or other arm’s-length relationship in illicit distribution operations.
Combination
Sec. 71.01. DEFINITIONS
(d) “_____ _____ _____” means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.
Criminal street gang
Sec. 71.01. DEFINITIONS.
(b) “____ ___ ____” means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties.
Conspires to commit
Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG.
(a) A person commits an offense if the person knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang which, as a condition of initiation, admission, membership, or continued membership, requires the commission of any conduct which constitutes an offense punishable as a ____ misdemeanor or a ____.
Class A
felony
Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG.
(1) “Child” means an individual younger than ___ years of age.
17
Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG.
(a-1) A person commits an offense if, with intent to coerce, induce, or solicit a _____ to actively participate in the activities of a criminal street gang, the person:
(1) threatens the ____or a member of the child’s family with imminent bodily injury; or
(2) causes bodily injury to the ____or a member of the child’s family
child
