Texas Penal Code Definitions Flashcards

0
Q

Actor

A

A person whose criminal responsibility is in issue in a criminal action. Whenever the term “suspect” is used in this code it means actor.

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1
Q

Act

A

A bodily movement, whether voluntary or involuntary, and includes speech

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3
Q

Act

A

A bodily movement, whether voluntary or involuntary, and includes speech.

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4
Q

Actor

A

a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "actor."

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5
Q

Agency

A

includes authority, board, bureau, commission, committee, council, department, district, division, and office.

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6
Q

Another

A

means a person other than the actor

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7
Q

Association

A

a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic goal.

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8
Q

Benefit

A

Anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.

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9
Q

Bodily Injury

A

Physical pain, inllness, or any impairment of physical condition.

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10
Q

Coercion

A

A threat, however comminicated:

(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

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11
Q

Conduct

A

a act or omission and its accompanying mental state

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12
Q

Consent

A

assent in fact, whether expressed or apparent

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13
Q

Corporation

A

includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies.

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14
Q

Correctional Facility

A

a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:

(A) a minicipal or county jail

(B) a confinement facility operated by the Texas Department of Criminal Justice

(C) a confinement facility operated under contract with any division of the Texas Department fo Criminal Justice; and

(D) a community corrections facility operated by a community supervision and corrections department.

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15
Q

Deadly Weapon

A

(A) A firearm or anything manifesting 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 serious bodily injury

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16
Q

Effective Consent

A

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

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17
Q

Element of offense

A

(A) the forbidden conduct

(B) the required culpability

(C) any required result; and

(D) the negation of any exception to the offense

18
Q

Felony

A

an offense so designated by law or punishable by death or confinement in a penitentiary

19
Q

Government

A

(A) the state;

(B) a country, municipality, or political subdivision of the state; or

(C) any branch or agency of the state, a county, municipality, or political subdivision

20
Q

Reasonable Belief

A

Means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

21
Q

Rule

A

Includes regulation

22
Q

Secure correctional facility

A

(A) a municipal or county jail; or

(B) a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice

23
Q

Serious Bodily Injury

A

Bodily injury that creates a substancial risk of death or that causes death, serious permanent disfigurement, or protracted loss or imparement of the function of any bodily member or organ.

24
Q

Swear

A

affirm

25
Q

Unlawful

A

criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege

26
Q

Death

A

for an individual who is an unborn child, the failure to be born alive; or

the definition of a term in this code applies to each grammatical variation of the term

27
Q

Harm

A

anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested

28
Q

Individual

A

a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth

29
Q

Law

A

the constitution or a statute of this state or of the United States, a written opinion of a court commissioners court, or a rule authorized by and lawfully adopted under a statute.

30
Q

Misdeameanor

A

an offense so disignated by law or punishable by a fine, by confinement in jail, or by both a fine and confinement in jail.

31
Q

Oath

A

includes an affirmation

32
Q

Official Proceeding

A

any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant

33
Q

Omission

A

failure to act

34
Q

Owner

A

means a person who:

(A) has a 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 intrument

35
Q

Peace Officer

A

a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law

36
Q

Penal Institution

A

a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense

37
Q

Person

A

an individual, corporation, or association

38
Q

Public Place

A

any place which the public or a substantail 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

39
Q

Public Servant

A

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, emploee, or agent of government;

(B) A juror or grand juror; or

(C) an arbutrator, referee, or other person who is aauthorized 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 government 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 quallified to do so.

40
Q
A