Penal Code - Definitions

Question 1

…a bodily movement, whether

voluntary or involuntary,

+

and includes speech.

Answer 1

ACT

Question 2

…a person whose criminal responsibility is in issue in a criminal action.

Whenever the term “suspect” is used in this code, it means “actor.”

Answer 2

ACTOR

Question 3

…anything reasonably regarded as

economic gain or advantage, including

benefit to any other person

in whose welfare the beneficiary is interested.

Answer 3

BENEFIT

Question 4

…physical pain,

illness, or any

impairment of physical condition.

Answer 4

BODILY INJURY

Question 5

…means a threat, however communicated:

(A) to commit an offense;

(B) to inflict bodily injury in the future on the person threatened or another;

(C) to accuse a person of any offense;

(D) to expose a person to hatred, contempt, or ridicule;

(E) to harm the credit or business repute of any person; or

(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.

Answer 5

COERCION

Question 6

…an act or omission and

+

its accompanying mental state.

Answer 6

CONDUCT

Question 7

…assent (agreement) in fact,

whether express or apparent.

Answer 7

CONSENT

Question 8

…means:

(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or

(B) anything that in the manner of its use or intended use is capable of causing death or SBI (serious bodily injury).

Answer 8

DEADLY WEAPON

Question 9

…includes consent by a person legally authorized to act for the owner.

Consent is not effective, if:

(A) induced by force, threat, or fraud;

(B) given by a person the actor knows is not legally authorized to act for the owner;

(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or

(D) given solely to detect the commission of an offense.

Answer 9

EFFECTIVE CONSENT

Question 10

…means (CCRN - Conduct, Culpability, Result, Negation):

(A) the forbidden conduct; (ACT)

(B) the required culpability; (INTENTION)

(C) any required result; and

(D) the negation of any exception to the offense.

Answer 10

ELEMENTS OF OFFENSE (EOO)

Question 11

…anything reasonably regarded as

loss,

disadvantage, or

injury, including

harm to another person in whose welfare the person affected is interested.

Answer 11

HARM

Question 12

…a human being who is alive, including an

unborn child at every stage of gestation from fertilization until birth.

Answer 12

INDIVIDUAL

Question 13

….an offense so designated by law or

punishable by fine,

by confinement in jail,

or by both fine and confinement in jail.

Answer 13

MISDEMEANOR

Question 14

…an offense so designated by law or

punishable by death or confinement in a penitentiary.

Answer 14

FELONY

Question 15

…failure to act.

Answer 15

OMISSION

Question 16

…a person who:

(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or

(B) is a holder in due course of a negotiable instrument.

Answer 16

OWNER

Question 17

…an individual,

corporation, or

association.

Answer 17

PERSON

Question 18

CCCM

…actual care,

custody,

control, or

management.

Answer 18

POSSESSION

Question 19

…any place to which the public or a substantial group of the public has access and includes, but is not limited to,

streets,
highways, and
the common areas of schools,
hospitals,
apartment houses,
office buildings,
transport facilities, and
shops.

Answer 19

PUBLIC PLACE

Question 20

…a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:

(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.

Answer 20

PUBLIC SERVANT

Question 21

….a belief that would be held by

an ordinary and prudent man

in the same circumstances as the actor.

Answer 21

REASONABLE BELIEF

Question 22

…bodily injury that creates a
substantial risk of death or that causes death,
serious permanent disfigurement, or
protracted loss or
impairment of the function of any bodily member or organ.

Answer 22

SERIOUS BODILY INJURY

(SBI)

Question 23

…a written or electronic instruction

to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay.

The term includes a check, an electronic debit, an automatic bank draft, a cashier’s check, or money order.

Answer 23

SIGHT ORDER

Question 24

…criminal or tortious (civil)

or both and includes

what would be criminal or tortious but

for a defense not amounting to justification or privilege.

Answer 24

UNLAWFUL

Question 25

…includes, for an individual who is an unborn child,

the failure to be born alive.

Answer 25

DEATH