Penal Code Test #3 Flashcards
Less than $100
Class C Misdemeanor
$100 or more but less than $750
Class B Misdemeanor
less than $100 and the defendant has previously been convicted for ANY grade of theft
Class B Misdemeanor
property stolen is a driver’s license, commercial driver’s license, or personal I.D. issued by a state
Class B Misdemeanor
$750 or more but less than $2,500
Class A Misdemeanor
$2,500 or more but less than $30,000
State Jail Felony
property stolen is from the person of another or from a human corpse or grave including property that is a military grave marker
State Jail Felony
property stolen is a firearm
State Jail Felony
property stolen is LESS than $2,500 and the defendant has been previously convicted TWO or more times of ANY grade theft
State Jail Felony
property stolen is an official ballot, or official carrier envelope for an election
State Jail Felony
property stolen is less than $20,000; aluminum, bronze, copper, or brass
State Jail Felony
$30,000 or more but LESS than $150,000
3rd Degree Felony
Property is cattle, horses, or exotic livestock, or exotic fowl…. LESS than$150,000
3rd Degree Felony
10 or more head of sheep, swine, or goats… value LESS than $150,000
3rd Degree Felony
Controlled substance having value LESS than $150,000 IF stolen from commercial building; PHARMACY, CLINIC, HOSPITAL, NURSING FACILITY, WAREHOUSE OR a vehicle owned by a WHOLESALE distributor of prescription of drugs
3rd Degree Felony
$150,000 or MORE but LESS than $300,000
2nd Degree Felony
property stolen is LESS than $300,000 and is an ATM; contents of ATM
2nd Degree Felony
$300,000 or MORE
1st Degree Felony
offense described for purposes of punishment by Subsections (e)(1-6) is increased to the next HIGHER category of offense
1st Degree Felony
the actor was a public servant at the time of the offense
1st Degree Felony
the actor was in a contractual relationship with the government at the time of the offense
1st Degree Felony
the owner of the property appropriated was at the time of the offense ; an elderly individual, a non-profit organization
1st Degree Felony
the actor was a Medicare provider in a contractual relationship with the federal government
1st Degree Felony
caused a fire exit alarm to become activated, deactivated or prevented a fire exit alarm or retail theft detector from sounding… using or shielding
1st Degree Felony
Structure or vehicle that is adapted for overnight accommodations of a person and includes (EX: Home, Apt., open garage) MUST BE CONNECTED TO YOUR HOME
Habitation
Any structure or enclosure intended for use or occupation as a habitation for some purposes of trade, manufacture, ornaments, or use.
Building
Person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with the intent to destroy or damage
Arson
Person commits an offense if, without the consent of the owner; intentionally, or knowingly damages or destroys the tangible property of the owner; intentionally or knowingly tampers with the tangible of the owner and causes pecuniary loss or substantial inconvenience to the owner of a third person…
Criminal Mischief
Intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings on the tangible property of the owner
Criminal Mischief
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(criminal mischief)
State Jail Felony
Person commits this offense if, without the effective consent of the owner, he recklessly damages of destroys property of another. (Class C Misdemeanor)
Reckless Damage of Destruction
Person commits this offense if he throws and object or discharges a firearm or weapon at a train or rail-mounted work equipment; or without effective consent of the owner: Enters or remains on railroad property knowing that it is railroad property, Tampers with railroad property, Places on obstruction on a railroad track or right of way, or causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.
Interference with Railroad Property
Person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings on the tangible property of the owner with:
(1) paint
(2) an indelible marker; or
(3) an etching or engraving device
Graffiti
Conduct that occurs in the attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft.
In the Course of Committing Theft
In the course of committing theft as defined in chapter 31, and with intent to obtain or maintain control of the property he; Intentionally, knowingly, or recklessly causes bodily injury to another, or intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. (THEFT + FORCE) (2nd Degree Felony)
Robbery
Person commits an offense if he commits robbery AND causes SERIOUS bodily injury to another, uses or exhibits a DEADLY WEAPON; or causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: (A) 65 years or older; or (B) a disabled person.
(1st Degree felony)
Aggravated Robbery
Person commits an offense if, without the consent of the owner, the person:
ENTERS a HABITATION or a BUILDLING (or any portion of a building) NOT then open to the public, with intent to commit a felony, theft, or an assault, ore REMAINS CONCEALED, with intent to commit a felony, theft, or an assault, in a building or habitation; (Has to be closed)
Burglary
Person commits an offense if without the consent of the owner, he breaks or enter into any coin-operated machine, coin collection machine, or other coin-operated machine, coin collection machine, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, valuable things, or telecommunications with the intent to obtain property or services. (Ex: vending machines, slots, anything, that provides a service)
Burglary of Coin-Operated or Coin Collection Machines
Person commits an offense if he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
enter=intrude
Any part of the body or any physical object connected with the body. Container or trailer carried on a rail car is part of the rail car.
Burglary of Vehicles
Burglary of vehicles is normally a Class A Misdemeanor EXCEPT is defendant has been previously convicted of an offense under this section, minimum confinement of 6 months….State Jail Felony: shown at the trial that defendant has been previously convicted 2 or MORE times. Vehicle or part of the vehicle broken into is a rail car.
Burglary of Vehicles
Person commits an offense is the person enters or remains on or in property of another, including residential land, agriculture land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent of the owner: Had notice that the entry was forbidden; or, received notice to depart but failed to do so. (private property)
Criminal Trespass
Oral or written communication by the owner or someone with apparent authority to act for the owner.
Fencing… a sign or signs posted on the property…. placement of identifying purple paint markers on trees or posts… Vertical lines of not less than 8 inches in length and not less than one inch of width , bottom of the mark is not less than 3 feet of more than 5 feet from the ground
Notice
Withhold property from the owner permanently or for so extended a period time that a major portion of the value or enjoyment of the property is lost to the owner, restore properly only upon payment of reward of other compensation; or (EX: Lost pet/ wants ransom money)
Dispose of property in a manner that makes recovery of the property by the owner unlikely (EX: steal something then throw it in the dumpster)
Deprive
bring about a transfer or purported transfer to title to or another nonpossessory interest in property, whether to the actor or another. (real estate)
Appropriate
means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment
Retail Merchandise
electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting
Retail Theft Detector
any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. Includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise.
Shielding of Deactivation Instrument
Unlawfully appropriates property with intent to deprive the owner of property.
Appropriation of property’s is unlawful if:
Without the owner’s consent (steals it)
The property is stolen, and the actor appropriates the property knowing it was stolen by another; or (stolen)
Any law enforcement agent to the actor as being stolen explicitly represented property in the custody of any law enforcement agency and the actor appropriates the property believing another stole it. (sting operation)(allowing someone to commit the crime)
Theft
Commits an offense if, with intent to avoid payment for service that the actor knows is provided only for compensation (EX: stealing service)
Actor intentionally or knowingly secures performance of the services by deception, threat, or false token (EX: Dine and Dash)
Having control over the disposition of services of another to which the actor is not entitles, the actor intentionally or knowingly diverts the other’s services to the actor’s own benefit or to the benefit of another not entitled to the services.
FAILS to make FULL payment after receiving notice demanding payment.
Theft of Service
Obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawer for the payment in full check, as well as, all other checks outstanding. It is prime facie evidence of the issuer’s intent to deprive the owner of property under theft….. payment was refused by the bank or other drawer LACK OF FUNDS … on the presentation within 30 days after issue and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal
Presumption for Theft by Check of Similar Sight Order
Knowingly or intentionally removes, alters, or obliterates the serial number or other identification marking on tangible property; or
POSSESS, SELLS, OR OFFERS for sale tangible personal property and; the actor knows the serial number or other permanent Identification marking has been REMOVED, ALTERED, OR OBILERATED (etching something on a box)
Tampering with Identification Numbers
Commits an offense, with intent to use instrument to commit theft, the person: KNOWINGLY manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument
Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft
Forges a writing with intent to defraud or harm another
Forgery
Forgery is usually a Class __ Misdemeanor
A
Forgery CAN be a ______ if: writing it a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar instrument.
State Jail Felony
Forgery CAN be a _____ if: part of an issue of money, securities, postage, or revenue stamps, Government record, other instruments issued by a state or national government….
3rd Degree Felony
Person commits an offense, if he intentionally or knowingly operates another’s boat, airplane, or motor propelled vehicle without the effective consent of the owner (joyride)
31.07 Unauthorized Use of a Vehicle
Person commits an offense if, with intent to defraud or harm another: MAKES OR ALTERS an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have; possesses an object so made or altered, with intent to sell, pass or otherwise utter; or authenticates or certifies an object so made or altered as genuine or as different from what it is. ( EX: faking an athlete’s signature on a jersey to try and add more VALUE)
32.22 Criminal Simulation
Person commits an offense if the person INTENTIONALLY manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute a COUNTERFEIT mark or an item of service that: bears or is identified by a COUNTERFEIT mark;
or the person knows or SHOULD have known bears or is identified by a COUNTERFEIT mark (making and selling fake NAME BRANDS…. NBA jersey)
32.23 Trademark Counterfeit
Steals an UNSIGNED check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receives the check or sight order with intent to use it, sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen (Class A Misdemeanor)
32.24 Stealing or Receiving Stolen Check or Similar Sight Order
Intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card wit knowledge that:
The card has EXPIRED and not been revoked or cancelled
Intent to obtain a benefit, uses a FAKE CREDIT OR DEBIT CARD (made up) … STEALS a credit or debit card or with knowledge it has been stolen, receives a credit card with intent to use it, sell it, or transfer it to a person other than cardholder…
Being authorized to purchase certain goods and services and actor purchases additional goods or services NOT AUTHORIZED (buying extra)
(EX: Using & purchasing with a FAKE debit/credit card)
32.31 Credit Card or Debit Card Abuse
Credit Card Abuse is normally a _____ felony except if it involves ELDERLY then it is ______ felony
State Jail Felony, 3rd Degree Felony
Issues or passes a check or similar sight order for the payment of money KNOWING that the issuer DOES NOT HAVE SUFFICIENT funds in or on deposit with the bank or drawee for the payment in full of the check or order as well as all other checks….
NOT USED FOR SERVICES OR GOODS but used for BILLS and CHILD SUPPORT (responsibilities) BNB
32.41 Issuance of Bad Check or Similar Sight Order
Person commits an offense, if with intent to defraud, harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or, availability of writing other than a government record… (switching price tags)
32.47 Fraudulent Destruction, Removal, or Concealment of Writing
Printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, symbols of value…..
Writing
Identifying information means information that alone or in conjunction with other information identifies a person, including a person’s
NAME AND DATE OF BIRTH
UNIQUE BIOMETRIC (BODY) DATE including FINGERPRINTS, VOICE, RETINA, OR IRIS IMAGE
Unique electronic I.D. number, address, routing code, or financial institution account number…..
COMMITS an offense with intent to HARM or DEFRAUD another, obtains possesses, transfers…
this includes INFO concerning a DECEASED NATURAL PERSON, INILCUDING A STILLBORN, INFANT or FETUS… identifying info of a child younger than 18 years of age (dead/alive)
-actor is presumed to have intent to harm or defraud another if the actor possesses: Identifying information of 3 or MORE other persons
32.51 Fraudulent Use or Possession of Identifying Information
