Penal Code Definitions Flashcards
1
Q
Criminal Negligence
A
Ought to be aware of a substantial and unjustifiable risk of harm. (Failure to perceive the risk)
2
Q
Reckless
A
Aware but consciously disregards a substantial and unjustifiable risk of harm. Reckless conduct is conduct that constitutes a gross deviation from the standard of care that an ordinary person would excercise. (Assumption of the risk).
3
Q
Knowingly
A
Aware of the nature of his conduct.
4
Q
Intentionally
A
Conscious objective or desire of the accused to engage in the conduct.
5
Q
Element of the Offense
A
- The forbidden conduct. 2. The required culpability. 3. Any required result. 4. The negation of any exception to the offense.
6
Q
Misdemeanor
A
Punishable by fine, or confinement, or both
7
Q
Felony
A
Punishable by death (Capital Offense), or confinement in a penitentiary.
8
Q
Tampering with a witness (or prospective witness)
A
Any person who possesses a threat to you because of what he knows. > CMS - Intent to influence a witness. > Act - Offers, confers, or agrees to confer (coercion is covered here), any benefit, on a witness, in an official proceeding, to alter testimony.
9
Q
Tampering with a witness Classification
A
Felony 3 or most highest offense charged in criminal case.
10
Q
Official Proceeding
A
Any proceeding that is conducted in front of a public servant.
11
Q
Improper Influence (About the courts)
A
Prohibits private communication with a public servant. Intent to influence the outcome of a proceeding in court. Misdemeanor A.
12
Q
Coercion of a public servant or voter
A
Coercion means threat. CMS- Intential , Knowing, or reckless. Act - Influence or attempt to influence by threat, a public servant or voter. Misdemeanor A, unless threaten a felony then it is a Felony 3.
13
Q
Exception
A
“It is an exception to the application of…” You must negate the exception as an element of the offense only when this exact language appears in the code.
14
Q
Law of Parties
A
Intent to promote or assist in the commission of an offense. Solicit, encourage, directs, aids, or attempts to aid another in committing an offense.
15
Q
Affirmative Defense
A
Each element of the defense must be proven. Burden of proof falls on defendant. Must be proven by a preponderance of the evidence.
16
Q
Criminal Episode
A
Two or more offenses. AND Offenses are pursuant to the same transaction. OR Two or more offenses that are connected to a common scheme.
17
Q
Sentencing in a Criminal Episode
A
Sentence can run concurrently as a rule. Stacking allowed: Intoxication Assault Intoxication Manslaughter Sex Crimes against Children During Severance (separate trials - Asked for by defendant)
18
Q
Causation
A
A person is criminally responsible if the result would not have occurred BUT FOR his conduct.
19
Q
Transferred Intent
A
It doesn’t matter that the offense committed or the victim harmed was not the intended offense or victim.
20
Q
Writ of Habeas Corpus
A
“You have the body” Writ to make the sheriff prove to a judge why you are in custody.
21
Q
Bodily Injury
A
Physical pain, Illness, Or any impairment of physical condition
22
Q
Serious Bodily Injury
A
Substantial risk of death or causes death or serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
23
Q
Deadly Weapon
A
Firearm, Or anything manifestly designed for the purpose of inflicting death or SBI, Or anything used in a way that is capable of causing death or SBI.
24
Q
Owner
A
Title Holder, Or person with greater right to possession
25
Death
Includes, for an individual who is an unborn child, the failure to be born alive.
26
Bribery
CMS- Intentional or Knowing. Act- Offer, confer, or agree to conferor solicit, accept or agree to accept: Any benefit as concideration for the recipents decision, vote or other excercise of discretion as a party official, public servant, or voter
27
As consideration for means
Inducement to a contract. This is what makes a bribe different than a gift.
28
Benefit
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.
29
Fraudulent use or possession of identifying information
CMS- Intent to harm or defraud. Act- Obtain, possess, transfer or use any item of "identifying information", without the consent of the owner. Classify penalty based on number of identifying items the actor has.
30
Forgery
CMS- Intent to harm or defraud another. Act- Forges a writing. Misdemeanor A as a general rule, State Jail if codicil or deed, Felony 3 if money or stocks, Raise one level if victim is elderly.
31
Credit Card or Debit Card Abuse
CMS- Intent to obtain a benefit fraudulently. Act- Present or Use a credit or debit card, with knowledge that the card is not yours or that the card has been revoked or cancelled. 10 other ways to misuse. State jail unless elderly vic.then it is Felony 3.
32
Writing
Printing Money, coins, tokens, stamps, badges symbols of value, right, priviledge, or identification
33
Forge
Alter a writing Transfer a forged writing possess a forged writing with intent to pass it
34
Unauthorized acquisition or transfer of certain financial information
CMS- Knowing you are not entitled to have it. Act- obtain or possess it or transfer it to a 3rd party. MA or MB
35
Tampering with Identification Numbers
CMS- Intentional or Knowing. Act- Remove, alter, or obliterate the serial number of tangible personal property OR possess or sell property where the numbers have been removed. Class A Misdemeanor.
36
Unauthorized use of Motor Vehicle
CMS- Intetionally or Knowingly (No intent to deprive that is what makes it different from theft). Act- operate a motor vehicle without consent of the owner. State Jail Felony
37
Theft of Service
CMS- Intent to avoid payment for service. Act- Obtain service. Use standard value ladder for classification.
38
Theft
CMS- Intent to deprive the owner of property. Act- Unlawfully appropriates property.
39
Trespass by license holder with concealed or open carry license
Carrying a handgun with a license, without effective consent, notice that your gun is not welcome, you carry or open carry.
40
Criminal Attempt
CMS- Intent to commit a specific offense. Act- one act beyond mere preparation which tends to effect the commission of the intended offense. Classify one level below the intended offense.
41
Criminal Trespass Classifications
General Rule is class B misdemeanor. Several special situations that change the penalty.
42
Criminal Trespass
CMS- Intentional, knowing, or reckless (assumed because not listed, comes from ch.6). Act- Enter or remain on property without effective consent of the owner, with notice that you are not welcome. Requires entry of the entire body.
43
Notice for Criminal Trespass
Oral or written request to leave. Fencing "No Trespassing" sign Purple paint
44
Burglary of Motor Vehicle Classifications
Generally a class A Misdemeanor. State Jail if the defendant has 2 or more prior BMV convictions OR if the vehicle is a rail car.
45
Burglary of Motor Vehicle
CMS- Intent to commit a felony or theft. Act- Break or enter the vehicle or any part of the vehicle.
46
Burglary of a coin operated machine
CMS- Intent to obtain property or services. Act- Break or enter into a coin operated machine, without the consent of the owner. Class A misdemeanor.
47
Burglary Crime Classifications
Bulding- State Jail Habitation- Felony 2 Habitation with intent to commit a felony other than theft- Felony 1
48
Burglary
CMS- Intent to commit a felony theft or assault. Act- Entering the plane with your body, any part of your body or any object attached to your body. OR: Remaining concealed in a building or habitation with the same CMS.
49
Entrapment
Induced to commit the crime by law enforcement. Conduct merely affording you the opportunity to commit a crime is NOT entrapment.
50
Duress
Affirmative Defense. Elements- Defendant compelled to engage in the prohibited conduct. Felony- threat or imminent death or SBI. Misdemeanor- Force or threat of force.
51
Intoxication
Voluntary intoxication is NEVER a defense to a crime.
52
Mistake of Law
Ignorance of the law is NOT a defense
53
Mistake of Fact
Not an affirmative defense. Reasonable belief that negates CMS.
54
Insanity
Affirmative Defense. Elements- At the time of the offense actor had a severe mental disease or defect. As a result of that disease, the actor DID NOT KNOW his conduct was wrong.
55
Act
bobily movement whether voluntary or involuntary and includes speech
56
Actor
A person whose criminal responsibilty is in issue in a criminal action. Suspect.
57
Agency
Authority, board, bureau, commission, committee, counsil, department, district, division, office.
58
Another
A person other than the actor
59
Association
a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.
60
Coercion
Threat, to commit an offense, to inflict bodily injury to another, to accuse a person of any offense, to take or withhold action as a public servant or to cause a public servant to take or withhold action.
61
Conduct
an act or ommission and its accompanying mental state.
62
consent
Assent in fact
63
Effective consent
Consent by a person legally authorized to act for the owner
64
Official Proceeding
any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
65
Jurisdiction
Authority or power over someone or something
66
Proof beyond a reasonable doubt
Prosecutor's burden to get a conviction at trial
67
Proof beyond a preponderance of the evidence
Defendant's burden on affirmative defenses.
68
Probable Cause
Peace officer's burden in order to make an arrest.
69
Murder
CMS- Intentionally or knowingly Act- causes a death. Intended to cause SBI or to commit a felony and the act was clearly dangerous to human life and caused the death. Felony 1 unless adequate cause (sudden passion) then felony 2.
70
Adequate Cause
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
71
Capital Murder
CMS- Intentionally or knowingly. Act- cause a death. AND Victim is a peace officer/Fireman & in lawful discharge of official duty, Murder for $$$, Victim under 10, multiple victims, murder in the course of kidnapping, burg, robbery, agg sex assault; ect.
72
Manslaughter
CMS- Recklessly. Act- Cause a death. Felony 2
73
Criminally Negligent Homicide
CMS- Criminal Negligence. Act- Casues a death. State Jail Felony
74
Criminal Solicitation
CMS- Intent to commit a Felony 1 or Capital Murder. Act- Requests, commands, or attempts to induce another to commit the felony intended. Classify- F1 if capital felony was intended, F2 if F1 was intended.
75
Renunciation
Affirmative defense. Elements- Voluntarily and completely, The Actor abandoned Criminal Conduct, OR the actor took affirmative action to prevent the offense.
76
Criminal Instruments
CMS- Intent to use. Act- Possess anything the possession, manufacture, or sale of which is NOT OTHERWISE AN OFFENSE that is specifically designed, made or adapted for use in the commission of an offense. Classify one level below intended offense.
77
Unlawful installation of a tracking device
CMS- Knowingly. Act- Installs tracking device on a motor vehicle owned by someone else.
78
Kidnapping
CMS- Intentional or knowing. Act- Abducts another person. F3. Affirmative defense- No deadly force intent or threat, Relative with intent to lawfully assume control of the victim.
79
Abduct
Restrain a person with intent to prevent his liberation by; Secreting or holding him in a place where he is not likely to be found; OR Using or threatening to use deadly force.
80
Restrain
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.
81
Relative
a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
82
Unlawful Restraint
CMS- Intentional or knowing. Act- Restrains another person. Mis. A as general rule. State jail victim under 17. F3 if victim is recklessly exposed to SBI. Affirmative defense- Child under 14 AND relative AND intent is to assume lawful control of child.
83
Aggravated Kidnapping
CMS- Intentional or Knowing. Act- Abducts another with intent to hold him for ransom; use him as a shield or hostage; commit a felony or flight; inflict BI or sex abuse; terrorize him; interfere with government; or use or display of deadly weapon. F1
84
Smuggling of Persons
CMS- Intent 2 obtain pecuniary benefit Act- use a mv 2 trans. someone with intent to conceal from an officer, ICE, or 2 flee OR Encourage a person 2 enter or remain in the country in violation of law by concealing, harboring or shielding from detection F3
85
Continuous Smuggling
During the period of ten or more days a person engages in two or more smugglings. F2 unless there is liklihood for SBI or death than it is a F1
86
Trafficking of persons
CMS- Knowingly. Act- Traffic another person with intent that the trafficked person engage in forced labor or services. F2 general rule. Child victim (even if actor did not know the childs age) F1.
87
Criminal Solicitation of a Minor
CMS- Intent to commit a 3G offense (virtually all felonies). Act- Requests, commands, attempts to induce minor (under 17) to engage in specific conduct that would constitute a 3G or make the minor a party to a 3G.
88
Online Solicitation of a Minor
CMS- Intent to commit a 62.001 Offense (sex crime and trafficking) Act- intentionally contact a minor (under 17) through the internet, email, text and communicates or distributes sexually explicit material. OR knowingly solicits a minor to engage in sex
89
Deviate Sexual Intercourse
Any contact between any part of the genitals of one person and the mouth or anus of another person; OR the penetration of the genitals or the anus of another person with an object.
90
Sexual Contact
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.
91
Public Place
Any place to which the public or a substantial group of the public has access.
92
Public Lewdness
CMS- Knowingly Act- in a Public place has Sex OR Sexual contact OR Not in a public place has sex OR Sexual contact Knowingly reckless about whether another is present who would be offended or alarmed. Mis. A
93
Indecent Exposure
CMS- Intent to arouse or gratify sexual desire. Act-
a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.
(b) An offense under this section is a Class B misdemeanor.
94
Indecency with a Child
CMS- Intent to arouse or gratify sex.desire. Act-
a) A person commits an offense if, with a child younger than 17 years of age, 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.
95
Continuous sexual abuse of young children
30 or more days, Two or more acts of sexual abuse with Victim younger than 14. F1.
96
Invasive Visual Recording
CMS- Intent to invade privacy. Act- Without the other person’s consent Photographs intimate areas. The victim has a reasonable expectation of privacy. This offense also criminalizes photographing in bathrooms, changing rooms. State Jail Felony.
97
Unlawful disclosure of promotion of intimate visual material (revenge porn)
CMS- Intentionally. Act. Without effective consent Discloses visual material depicting intimate parts. Mis. A
98
Voyeurism
CMS- intent to arouse or gratify sexual desire. Act- observes another person without the other person's consent while they are in a dwelling or structure in which the person has a reasonable expectation of privacy. MC unless prior conviction then MB.
99
Assault Mis. A
CMS- Intentional, knowing, or reckless. Act- Causes BI OR Offensive or provocative physical contact with elderly (65+) or disabled.
100
Assault Classifications
When MA assault is an act of family violence, assault is enhanced to F3 after only one prior family violence conviction (includes deferred adjudication) (excludes prior MC conviction). F3 if vic is a public servant & BI. MB if vic is sports participant.
101
Assault Mis. C
CMS- Intentional, knowing, or reckless. Act- Offensive or provocative physical contact OR Threatens BI.
102
Aggravated Assault
Enhance any assault (MA or MC) to a felony aggravated assault when Victim receives SBI. OR The accused used or exhibited a deadly weapon. F2 as a rule. F1 if actor is a public servant, vic is a public servant or security officer, Deadly weapon & SBI & FV.
103
Sexual Assault
CMS- intentional/knowing. Act- causes the penetration of the anus, sex organ, or mouth of another person by any means, without that person's consent or to a child (under 17). F2
104
Aggravated Sexual Assault (F1)
Sex assault + SBI or attempt death OR put vic. in fear that death, SBI or kidnap will occur to anyone OR threaten death, SBI or kidnap of anyone OR Use or show deadly weapon OR Gang rape OR Vic < than 14, 65+ or disabled OR rohypnol, GHB or ketamine used.
105
Abandoning a child
CMS- Intentionally Act- Leaves the child (< 15) w/out reasonable & necessary care, No similarly-situated adult would leave the kid. Negate the exception “this defendant did not voluntarily deliver the child to a designated emergency infant care provider”
106
Abandoning a child Classifications
SJ if intended to return; F3 if didn't; F2 if child was in IMMINENT danger of physical mental impairment, death or BI.
107
Endangering a child
CMS- Intentional, knowing, reckless OR criminal negligence Act- By Act or omission place child in Imminent danger of death, bodily injury, or physical or mental impairment. State Jail Felony.
108
Deadly Conduct Mis. A
CMS- Reckless. Act- Place another in imminent danger of SBI. Recklessness and danger are presumed when a firearm is pointed in the direction of a person.
109
Deadly Conduct F3
CMS- Knowingly. Act- Discharge firearm towards a building, habitation or vehicle Reckless if target is occupied. It is irrelevant that the actor believed the gun to be unloaded; & it is also irrelevant that the building, vehicle or habitation was empty.
110
Criminal Solicitation
CMS- Intent to commit a capital offense or a Felony 1. Act- Request, commands, or attempts to induce another to commit the felony intended. Classify felony 1 if capital offense was intended, felony 2 if offense solicited was a felony 1.
111
Terroristic Threats
CMS- Intent to: Cause emergency response MB, Place a person in fear of IMMINENT SBI MB,when FV MA, Cause an evacuation MA,Impair public transportation or utilities F3, Cause the public to fear SBI F3, Infl. gov. F3. Act- Threat to commit violent offense
112
Harassment by persons in certain correctional facilities OR harassment of a public servant
CMS- Intent to assault, harass or alarm Act- While confined in a correctional facility Cause another person To contact blood, urine, feces etc OR CMS- Intent to harass or alarm. Act- Causes a public servant To contact blood, urine, feces etc.F3
113
Bigamy
If you are married you cannot marry again until your divorce is final. F2
114
Interference with Child Custody
CMS- Knowingly. Act- Take or retain a child (<18) in violation of custody order. If no order There is no offense when a parent keeps his/her own child. If pending custody order you cannot take the child outside of jurisdiction of the court. State Jail
115
Harboring a Runaway Child
CMS- Knowingly. Act- Harbor child (<18) who has escaped from custody OR who has voluntarily left home w/out permission for a substantial length of time or without intent to return AND are Criminally negligent about determining whether he is a runaway. MA
116
Violation of certain court orders [protective orders]
CMS- Intentional/ Knowing. Act- Violate the order; MA as a general rule BUT if the violation is any act of stalking or assault F3; F3 violation of protective order if the defendant has two or more prior convictions for VPO
117
Habitation
Structure or vehicle adapted for overnight accomodation of persons.
118
Building
Any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
119
Property
Real property, tangible or intangible personal property, a document, including money, that represents or embodies anything of value.
120
Open-Space Land
Real Property that is undeveloped for the purpose of human habitation.
121
Arson
CMS- Knowing. Act- Start a fire with intent to destroy or damage: vegetation, fence, or structure on open-space land OR a building, habitation, or vehicle knowing: it is in the city limits, insured, mortgaged, property that isn't yours, etc. F2
122
Arson Classifications
Generally F2, F1 if BI is suffered or it is a church. State Jail Felony when reckless you start a fire or explosion due to cooking drugs OR F3 if it causes BI or death. SJF if Arson destroy's building of another or causes BI or death.
123
Criminal Mischief
CMS- Intentional/Knowing. Act- Without consent of the owner Damage or destroy tangible property OR tamper with tangible property causing pecuniary loss or substantial inconvenience. Classify based on the value ladder. Aggregate damages.
124
Graffiti
CMS- Intentional/knowing. Act- Without consent of the owner Makes markings on property With: Paint, Indelible marker, Etching or engraving device. Same value ladder as criminal mischief to classify penalty.
125
“In the course of committing theft”
Includes attempted theft, during the theft, and flight
126
Robbery
CMS- Intentionally, knowingly or recklessly Act- In the course of committing theft cause BI OR THREATENS or places another in fear of imminent (NOW) bodily injury or death. F2
127
Theft
CMS- Intent. Act- Obtain or maintain control of property.
128
Aggravated Robbery
Robbery plus: Causes Serious Bodily Injury OR Use or display of a deadly weapon OR Causes fear in a victim who is elderly (65+) or disabled
129
Obstruction or Retaliation (F3, F2 if a juror)
CMS- Intentional/knowing. Act- Harm or threaten to harm Protected person By an unlawful act, Retaliation– in retaliation for service or status as a protected person OR Obstruction– to prevent or delay service as a protected person.
130
Perjury
CMS- Intent to deceive. Act- With knowledge of a statement’s meaning you Make a false statement under oath Or swear to the truth of a statement previously made. The statement is required to be made under oath. Mis. A
131
Aggravated Perjury
Start with MA perjury add during an Official proceeding the statement is material to the proceeding – Material means that it could have affected the outcome. F3
132
False report to peace officer, special investigator or law enforcement employee
CMS- Intent to deceive. Act- Knowingly Make a false statement To a peace officer or employee During a criminal investigation. The Statement is material to the investigation. Mis. B
133
Tampering with or Fabricating Evidence F3
CMS- Intent impair its verity legibility or availability as evidence. Act- Know an invest. or offense has occurred Alter destroy or conceal a record doc. or thing OR Make use or present record doc. or thing Knowing its false OR Fail 2 report a corpse
134
Impersonating a public servant
CMS- Intent to induce another to submit to pretended authority. Act- Impersonate a public servant F3
135
Neutral Contact Subject Refuses to ID
No Charge NC
136
Terry Stop Subject Refuses to ID
No Charge TS
137
Arrest Perp Refuses to ID
Charge Fail to ID MB Class A if fugitive from justice AR
138
Neutral Contact Subject Gives false ID
No charge unless a witness
139
Neutral Contact Subject Obstructs by force
Charge Resisting Arrest MA F3 if Deadly Weapon Used NC
140
Neutral Contact Subject Runs Away
No Charge NC
141
Terry Stop Subject Gives False ID
Charge Failure to ID MB Class A if fugitive from justice TS
142
Terry Stop Subject Obstructs by Force
Charge Resisting Arrest MA F3 if Deadly Weapon Used TS
143
Terry Stop Subject Runs Away
Charge Evading Arrest MA, F3 in a vehicle, or SBI, F2 if death, SJ if 1 Prior TS
144
Arrest Perp Gives False ID
Charge Failure to ID MB Class A if fugitive from justice AR
145
Arrest Perp Obstructs by Force
Charge Resisting Arrest MA F3 if Deadly Weapon Used AR
146
Arrest Perp Runs Away
Charge Evading Arrest MA, F3 in a vehicle, or SBI, F2 if death, SJ if 1 Prior AR
147
Hindering Apprehension
CMS- Intent to hinder the arrest, prosecution, conviction or punishment of another for an offense. Act- Harbor or conceal; help them escape; or warn them of impending discovery MA unless the person they help is charged with a felony, F3
148
Escape
CMS- Intentional/knowing/reckless. Act- Escape from custody Under arrest for, lawfully detained charged with or convicted of an offense. MA Generally.
149
Permitting or facilitating escape
CMS- Knowingly. Act- Employee of correctional facility Permits or facilitates escape. F3 unless the item is a deadly weapon F2.
150
Bail jumping
Lawfully released from custody, but he fails to return as directed. MA if original offense was a MA or MB, MC if offense was an MC, F3 if offense was a felony.
151
Hindering Proceedings by disorderly conduct
CMS- Intentional. Act- Hinder an official proceeding (anything conducted by a public servant) By noise, violence or tumultuous behavior. OR CMS- Reckless. Act- Hinder an official proceeding After a request to stop. Mis. A
152
Taking or attempting to take a weapon from a peace officer
CMS- Intentional/knowing. Act- Intent to harm the officer or a third person, Use force, To take or attempt to take From a peace officer et.al., Firearm, nightstick or pepper spray, stun gun. SJ unless he gets the weapon; F3 if he gets it!
153
Interference with Public Duties
CMS- Criminal Negligence. Act- Interfere with peace officer, EMS, Firefighter, drug dog. Mis. B
154
Abuse of Official capacity
CMS- Intentional/knowing. Act- Intent to benefit himself OR harm or defraud another Violate a law relating to his office OR misuse government property. This uses the same value ladder as theft.
155
Official Oppression
CMS- Knowing that his conduct is unlawful. Act- Public servant, Color of office, subjects another to mistreatment, arrest, detention, search, seizure OR Denies or impedes in the exercise of any right, privilege or power OR Sexual harassment. Mis. A
156
Violation of the rights of a person in custody; improper sexual activity with a person in custody
CMS- Intentionally. Act- Employee of correctional facility or peace officer Deny a person in custody, rights, privileges, immunity Knowing his conduct is unlawful (MA) OR Consensual sex with a person in custody (SJ)
157
Disorderly Conduct
CMS- Intentionally/knowingly. Act- uses abusive, indect, profane, or vulgar language; displays an offesive gesture; fights; exposes anus; several other things that are a BREACH OF THE PUBLIC PEACE. Mis. C unless a weapon is used then it is a Mis. B.
158
Riot
CMS- Knowingly participate in a gathering of 7 or more. Act- Create an immediate danger of damage to property or injury to persons OR substantially obstructs law enforcement OR by force, threat or physical action deprives any person of a legal right.
159
Riot Classification
General rule Mis. B. unless anyone participating commits a foreseeable offense in furtherance of the assembly; in this case the offense is the same classification as the additional offense. Example F2 Riot by Arson.
160
Obstructing a highway or passageway
CMS- Intentional knowing or reckless. Act- Obstruct a public passageway (very broad concept) OR disobeys a request to move to prevent obstruction. Mis. B.
161
Prohibited Conduct that could involve Freedom of Speech
An official order to move is a prerequisite to violations under chapter 42.
162
Disrupting a meeting or procession
CMS- Intent to prevent or disrupt a meeting. Act- Obstructs or interferes by physical action or verbal utterance. Mis. B
163
False Alarm or Report
CMS- Knowingly. Act- Knwing it is false communicate a false report of bombing, fire, offense or other emergency, could case an emergency response OR place a person in fear of imminent SBI or interrupt a building. Mis. A, unless it's a school then SJ.
164
Harassment
CMS- Intent to harass, alarm, annoy, abuse, torment, embarrass. Act- Obscene calls; Threatens a felony or bodily injury (not imminent); False report that another is dead; Repeated ringing; Failure to hang up. Mis. B, priors Mis. A
165
Stalking
CMS- Knowing. Act- On more than one DOCUMENTED occasion, same scheme or course of conduct THREATENS, causes FEAR, AND Reasonableness of the Fear. F3 unless 2 or more priors then F2.
166
Prostitution
CMS- Knowingly. Act- Offer to engage in sexual conduct OR solicit For hire. Mis. B, MA if 1 or two priors, SJ 3 or more priors, F2 if the person solicited is under age 18 OR represented to be so.
167
Promotion of prostitution
Receiving money from prostitution OR recruiting people to work as prostitutes. MA or SJ with previous convictions F2 if the offense involved victims under age 18
168
Aggravated promotion of prostitution
Managing or investing in two or more prostitutes; this is someone who is running a prostitution business. F3, but F1 if the business included children under age 18
169
Compelling prostitution
CMS- Knowingly. Act- Cause another by force threat or fraud To commit prostitution OR Causes a child under 18 to commit prostitution by any means. F2 but F1 if the offense involved a child under age 18.
170
Obscene display or distribution
CMS- Intentional/knowing. Act- Display or distribute obscene photograph or drawing or similar visual & Reckless about whether another is present who would be offended. Mis. C
171
Sexual performance by a child (under age 18)
CMS- Knowing. Act- Authorize or induce a child To engage in a sexual performance that includes sexual conduct. F3 unless under 14 then F2.
172
Employment harmful to children
Authorize, employ or induce a child under age 18 To work in a sexually oriented commercial activity Or authorizes, induces or employs a child to work anywhere topless F2, F1 is a child is under age 14.
173
Possession or promotion of child pornography
0CMS- Knowingly or intentionally. Act- Possess OR access with intent to view Visual material That visually depicts a child under age 18 who is engaging in sexual conduct. F3 but F2 if prior convictions. F1 if two or more prior convictions.
174
Club
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. Includes but is not limited to: (A) blackjack; (B) nightstick; (C) mace; (D) tomahawk.
175
Explosive weapon
Any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting SBI, death or substantial property damage or for the purpose of causing such a loud report as to cause undue public alarm.
176
Firearm
Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
177
Firearm silencer
Any device designed, made, or adapted to muffle the report of a firearm.
178
Handgun
Any firearm that is designed, made, or adapted to be fired with one hand.
179
Illegal knife
Knife with a blade over 5.5"; Hand instrument designed to cut or stab another by being thrown; Dagger, including but not limited to a dirk, stilletto, and poniard; Bowie knife; Sword; or Spear.
180
Knife
Any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
181
Knuckles
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.
182
Machine gun
Any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.
183
Short-barrel firearm
A rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.
184
Switchblade knife
Any knife that has a blade that folds, closes or retracts into the handle or sheath, and: Opens automatically by pressure applied to a button; OR Opens or releases a blade from the handle by the force of gravity or by the application of centrifugal force.
185
Armor-piercing ammunition
Handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.
186
Hoax bomb
A device that: Reasonably appears to be an explosive or incendiary device; OR By its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies.
187
Chemical dispensing device
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.
188
Zip gun
A device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
189
Unlawful carrying weapons
CMS- Intentionally, knowingly or recklessly. Act- Carries Handgun, illegal knife or club And not on his own premises or inside or en route to a motor vehicle or watercraft under his own control. Mis. A. F3 if in a tavern.
190
Places weapons prohibited
CMS- Intentionally, knowingly or recklessly. Act- Possess Firearm, illegal knife or club, At any of these places: Public or private school; Polling places; Courthouse; Racetrack; Airport; TDC on the day of an execution.
191
Unlawful possession of firearm
Actor has a conviction for a felony Possesses a firearm Before the fifth anniversary of his release from confinement/parole/or probation (whichever is later) Or any time outside the home. F3
192
Prohibited weapons
CMS- Intentional/knowing. Act- Possess knuckles, armor-piercing ammunition, chemical dispensing device, zip gun or tire deflation device OR possesses explosive weapon, machine gun, short-barrel firearm, firearm silencer if not properly registered with ATF
193
Making a firearm accessible to a child
CMS- Criminal negligence. Act- Failed to secure gun, within reach of child (<17). MC unless the child discharges the firearm and causes death or SBI, in which case it’s a MA.
194
Possession of alcoholic beverage in motor vehicle
CMS- Knowingly. Act- Possess open container Passenger area of motor vehicle (not in locked glove box, trunk, or behind the last upright seat, if no trunk) on a Public highway Regardless of whether it’s being operated, stopped or parked. MC
195
Driving while intoxicated
CMS- None (Intoxicated). Act- Operating motor vehicle in a Public place. MB no priors, MA if twice the limit or one prior, F3 if 2 or more priors.
196
DWI with a child passenger
Driving while intoxicated with a Child passenger under the age of 15.
State Jail Felony.
197
Intoxication assault
Operating motor vehicle, boat, plane, ride By reason of intoxication Somebody suffers SBI By accident or mistake. F3 If death than it becomes Intoxication Manslaughter F2.
198
Combination
3 or more persons who get together to commit crimes
199
Criminal Street Gang
3 or more persons with Common identifying sign or symbol AND/OR Identifiable leadership who regularly commits crimes.
200
Organized crime
Virtually all major felonies and some misdemeanors are included here e.g. murder, capital murder, robbery, arson and misdemeanors such as gambling, prostitution, burglary motor vehicle, assault, drug offenses.
201
Engaging in organized crime
CMS- Intent to participate in a combination or criminal street gang. Act- Commits one of the listed offenses OR conspires with at least one other person to commit a listed offense. The actor performs an overt act in furtherance of the agreement.
202
Overt act
Anything you physically do that leads toward the crime you are intending – it does not have to be a crime by itself. E.g. answering a telephone, casing a potential place to rob, buy a legal handgun, put gas in the get-away car
203
State Jail Felony Punishment
Confinement in a state jail for not more than two years and not less
than 180 days
204
Felony Fine
In addition to imprisonment, may receive a fine not to exceed $10,000
205
Third Degree Felony Punishment
Imprisonment in the institutional division for not more than 10
years or less than two years
206
Second Degree Felony Punishment
Imprisonment in the institutional division for not more than 20
years or less than two years
207
First Degree Felony Punishment
Imprisonment in the institutional division for life, or
* Imprisonment in the institutional division for not more than 99
years or less than five years with the exception of aggravated
sexual assault, which adds a 25-year minimum punishment if the
victim is younger than 6, or younger than 14 and the offense
contained threats of serious bodily injury or death, or use of a
deadly weapon
208
Capitol Felony Punishment
If the individual is found guilty and the state seeks the death penalty:
* Imprisonment in the institutional division for life without the
possibility of parole, or
* Death
If the individual is found guilty and the state does not seek the death
penalty:
* Imprisonment in the institutional division for life without the
possibility of parole
* However, an individual under the age of 18 at the time of the
offense as well as a certified juvenile are no longer eligible for life
without parole.
209
Class C Misdemeanor
Fine not to exceed $500
| no jail time
210
Class B Misdemeanor
Confinement in jail for a term not to exceed 180 days
* Fine not to exceed $2,000
* Both such fine and confinement
211
Class A Misdemeanor
Confinement in jail for a term not to exceed one year
* Fine not to exceed $4,000
* Both such fine and confinement
212
Element of Offense
Forbidden Conduct
Required Culpability
Any Required Result
Negation of any Exception
213
Probable Cause – Peace Officer’s Burden
Facts and circumstances within the officer’s knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.
214
Defendant’s burden on affirmative defense
Proof by a preponderance of the evidence
215
Prosecutor’s burden to get a conviction at trial
Proof beyond a Reasonable Doubt
216
Describe the components of a
Penal Code offense
Act or Omission
Culpable Mental State
Causation or Result
Penalty Group
Discuss Consolidation of Offenses
217
Three ways to get into trouble with an Act or Omission
Act [voluntary]
Omission [but only when the law requires you to act]
Possession [aware of control for sufficient time to permit him to
terminate his control]
Do not be tricked into believing that conduct must be intentional in
order to confer Criminal Liability. Culpability of established by
voluntary acts, with intentional deeds being only one of several
standards of voluntary conduct.
218
Rules to remember for Culpable Mental States (CMS)
Culpable mental state is required for all offenses except Intoxication under
chapter 49.
If the code section does not list the mental state, you may use intentional,
knowing OR reckless. 6.02(c)
Proof of a higher degree of culpability constitutes proof of the culpability
charged.
219
Penalty Groups
Capital Felony
First Degree Felony (F1)
Second Degree Felony (F2)
Third Degree Felony (F3)
State Jail Felony (SJ)
Misdemeanor class A (MA)
Misdemeanor class B (MB)
Misdemeanor class C (MC)
220
Consolidation of Offenses
Criminal Episode – Two or more offenses that are connected:
1. Offenses pursuant to the same transaction or offenses that are connected to a common scheme or plan OR
2. Repeated commission of the same or similar offenses
221
Court Rules of consolidation of offenses
Defendant can be prosecuted in a single case for all offenses occurring
during a single “CRIMINAL EPISODE.”
Sentences run concurrently as a rule; stacking is allowed as follows:
Intoxication Assault and Intoxication Manslaughter run consecutively if
ordered by the judge
Sex crimes against children
Severance – the defendant may request severance (separate trials), but if he
does, the judge can stack the sentences.
222
223
Intent to promote Suicide (Aid Suicide)
Sec. 22.08. AIDING SUICIDE. (a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide.
(b) An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony.
224
"Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
225
Theft Value Ladder
