Terms in this set (127)
What are the Objectives of the Penal Code?
1. Insure public safety through deterrence, rehabilitation, punishment to prevent recidivism
2. By definition and grading of offenses. . .
3. Prescribe penalties proportionate to the seriousness of the offense
4. Safeguard guiltless conduct
Conduct does not constitute an offense unless it is _________________________________ by statute, municipal ordinance, order of a county commissioner's court, or rules authorized by and lawfully adopted under a statue.
defined as an offense
Just because the Penal Code states that certain conduct is justified or excused from criminal prosecution, does that mean you can't be sued civilly?
No it does NOT
If a body is found in this state, where may it be presumed that the death occurred?
In this state
What is TEXAS?
Land, Water, and the Air Space above the Land and Water
The Penal Code determines age by?
The day of the anniversary of his birth date.
Reference the question above "What is its purpose?" (Criminal Episode)
It allows one trial for all offenses committed during the episode
illness, pain or any impairment of physical condition
a threat however communicated to commit a crime, or a threat to inflict bodily injury in the future.
anything in the manner of its use or intended use is capable of causing death or serious bodily injury
A failure to act.
he ought to be aware of a substantial risk.
means a human being who has been born and is alive, including an unborn child at every stage of gestation.
he is aware that his conduct is reasonable certain to cause the result.
means an individual, corporation or association
he is aware of but consciously disregards a substantial risk.
a conscious desire to engage in the conduct or cause the result.
the repeated commission of the same or similar offense.
What are the elements of an offense?
The Forbidden Conduct, the Required Culpability, any Required Result, and the Negation of any exception to the offense.
All persons are presumed to be _________ and no person may be convicted of an offense unless each ______ is proved _______ _ __________ ______. (2.01 PC)
innocent, element, beyond a reasonable doubt
A person commits an offense only if he _____________ engages in conduct, including an act, an omission, or possession. (6.01 PC)
When is an omission a criminal offense? (6.01 PC)
A law must provide that the omission is an offense or that he has a duty to perform the act.
Who has the responsibility to prove a defense does NOT apply?
By what level of proof (to prove a defense doesn't apply)?
Beyond a reasonable doubt
Who has the responsibility to prove an Affirmative Defense?
By what level of proof (to prove Affirmative Defense)?
Preponderance of the evidence
What are the 4 culpable mental states?
Intentional, Knowing, Reckless, and Criminal Negligence.
Does proof of a higher degree of culpability than that is charged constitute proof of the culpability charged?
A person is criminally responsible if the result would not have occurred ___ ___ his conduct. This is an example of ________.
but for, causation
Causation is the link between ___ and ________________________________
act, the harmful result
A person is criminally responsible as a __________ to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both. (7.02 PC)
List 5 ways a person can be a "party to a crime" under 7.02 PC
Solicits, Encourages, Directs, Aids, and Attempts to aid.
List the "General Defenses to Criminal Responsibility"
Insanity, Mistake of Fact, Mistake of Law, Intoxication, Duress, Entrapment, Age, and Child with Mental Illness.
What do we need to remember about insanity? (8.01(b) PC)
Repeated commission of anti-social conduct does not constitute insanity.
What do we need to remember about Mistake of Law?
Ignorance of the law is no excuse.
Intoxication (What do we need to remember here?)
Voluntary intoxication does not constitute a defense to the commission of a crime.
What might intoxication do for a defendant?
It could mitigate punishment only.
For "Entrapment" what do we need to remember about it?
Conduct merely affording a person an opportunity to commit an offense DOES NOT constitute entrapment.
Age- Cannot be convicted when younger than _____.
Unless the Juvenile Court waives its jurisdiction and certifies him to stand trial as an adult, he cannot be convicted unless what age?
15 or 16
A child at least 10 but younger than __ is presumed incapable of committing a crime except a ____________________________________.
15, juvenile curfew ordinance
Class C Misdemeanor Punishment
Class B Misdemeanor Punishment
180 days in Jail; $2,000 fine
Class A Misdemeanor Punishment
1 year in jail; $4,000 fine
State Jail Felony Punishment
180 days to 2 years; $10,000 fine
3rd Degree Felony Punishment
2-10 years; $10,000 fine
2nd Degree Felony Punishment
2-20 years; $10,000 fine
1st Degree Felony Punishment
5-99 years or Life; $10,000 fine
Life without parole, or Death, or Life if transferred from the Juvenile Court.
A person commits _____________ if with specific intent to commit an offense, he does an act amounting to more than a mere preparation that tends but fails to effect the commission of the offense.
We can never have a "Criminal Attempt" to an offense whose mental state is less than _______________.
A person who agrees with one or more persons that a felony be committed and one performs an overt act in furtherance of the agreement has committed ______________________?
A person who asks another to commit a Capital or 1st degree felony is guilty of ______________?
A person who asks/or requests a minor to commit any 3g offense is guilty of ___________________?
criminal solicitation of a minor
What is the punishment for any Inchoate or preparatory offense?
One degree less than the crime attempted
List the types of criminal homicide?
Murder, Capital Murder, Manslaughter, and Criminally Negligent Homicide.
A person commits _____________ if he intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.
When would murder be punished as a 2nd degree felony?
If committed in the heat of "sudden passion" arising from "adequate cause."
TRUE OR FALSE. Sudden passion and adequate cause are elements of the offense of murder that must be proven by the state.
A person commits ____________________________________ if he causes the death by Criminal Negligence?
criminally negligent homicide
A person commits _________________ if he causes the death by Recklessness?
A person commits _______________ if he restrains another person.
A person commits ____________ if he abducts another person.
A person commits __________________________ if he has sexual contact with another in a public place.
A person commits Indecency with a Child if he exposes his genitals, knowing that a child young than _____(YOA) is present, with intent to arouse or gratify the sexual desire of any person.
Either the Conduct or the ______ must occur in this State before Texas has ________________.
What is the punishment for an attempted conspiracy?
No such crime.
List ways murder can become capital?
1. Person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman.
2. Person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, etc.
3. Person commits the murder for remuneration or the promise of remuneration or employs another commit the murder for remuneration or the promise of remuneration.
4. Person commits the murder while escaping or attempting to escape from a penal institution.
A person commits __________ if he commits or attempts to commit a felony, and in the course of the attempt or in the immediate flight he commits an act clearly dangerous to human life that causes the death of an individual.
List four things that would make kidnapping aggravated.
1. Holding him for Ransom or Reward
2. Using him as a Shield or Hostage
3. Inflict bodily injury on him, violate, or abuse sexually.
4. Terrorize him or a third person
When would Aggravated Kidnapping be punished as a 2nd degree felony?
The defendant may raise the issue as to whether he voluntarily released the victim in a safe place.
It is a hot summer afternoon and Julie needs a gallon of milk so she walks topless down to the corner market. Some people including some small children are offended while some are smiling.
Lawfulness of an arrest is an element under what?
A person commits ___________________ if he engages in deviate sexual intercourse with another individual of the same sex in a public park.
List three ways a person can commit assault under 22.01?
1. Assault with bodily injury
2. Assault by threat
3. Assault by contact
When would assault be punished as a 3rd degree felony?
Assault on a Public Servant, 2nd Family Violence Offense, and Impeding Breathing.
List two elements that would make assault aggravated?
Deadly Weapon & Serious Bodily Injury
A person commits what offense if he has oral sex with a 14 year old?
Sexual Assault of a Child
What about oral sex with a child under 14?
Aggravated Sexual Assault of a Child
A person commits what offense if he has sexual intercourse with another through the use of GHB?
Aggravated Sexual Assault
A person commits what offense if he causes bodily injury to a 14 year old?
Injury to a child
A person commits what offense if he allows a 14 year old to ride on the hood of his car while speeding through the Wal-Mart parking lot?
Endangering a Child (PC 22.041)
A person commits what offense if he points a firearm at or in the direction of another which he thought was unloaded. _________________. He had no evil intent.
Punishment (Deadly Conduct pointing gun that he thought was unloaded)
Class A Misdemeanor
A person commits what offense is he fires a handgun in the direction of a group of persons standing on the street corner. No one is injured. _______________________.
Deadly Conduct punishment (fired in the direction of a group of persons with no injury)
3rd Degree Felony
A person commits what offense if he threatens to burn down someone's house?
Terroristic Threat (PC 22.07)
A person commits ________________________________ if he has consensual sexual intercourse with his 25 year old step daughter? It was consensual.
prohibited sexual conduct ( PC 25.02)
A person commits what offense if he takes or restrains a person younger than ___ and he knows that the taking violates the terms of a judgment of a court disposing of the child's custody? ______________________
18, Interference with Child Custody (PC 25.03)
A person commits what offense if he harbors a child younger than ___ and is criminally negligent about whether the child is reported as a runaway with the local police department? _________________________________
18, Harboring a Runaway Child (PC 25.06)
A person commits what offense if he drives by his spouse's residence during which time he has been ordered not to do so by a protective order?
Violation of Protective Order (PC 25.07)
What would make this offense (violation of a protective order) a 3rd degree felony?
2nd Offense or the Commission of an Assault
How do you determine value under Criminal Mischief?
If the property is destroyed - Fair Market Value
If the property is damaged - Cost of Replacement
Bobby is caught breaking and entering the local church. When the police arrive they find Bobby asleep on the floor inside. Nothing has been disturbed. It was a cold night.
Criminal Mischief & Trespass (PC 30.05)
List three elements that would make robbery aggravated?
1. Serious Bodily Injury
2.Uses or exhibits a deadly weapon
3. Bodily Injury to or fear of death to elderly (65 years or older) or a disabled person
List the types of burglary under Chapter 30.
4. Coin Machine
Under burglary one must enter with the intent to commit what three thing?
For purposes of burglary, "enter" means;
Any part of the body or anything attached to the body
For purposes of Burglary of a Coin Machine what kind of entry is required?
Any type of entry except that with owner consent
For purposes of Trespassing "entry" means?
The entire body
"Notice" means" (list three kinds of notice) PC 30.05
2. Sign or Signs
3. Purple Paint
A person commits "Theft" if he unlawfully __________________ property without the owner's ____________ consent?
Class C Misd. (Pecuniary)
Class B Misd. (Pecuniary)
O/100 - U/750
Class A Misd. (Pecuniary)
O/750 - U/2,500
State Jail Felony (Pecuniary)
O/2,500 - U/30,000
3rd Degree Felony (Pecuniary)
O/30,000 - U/150,000
2nd Degree Felony (Pecuniary)
O/150,000 - U/300,000
1st Degree Felony (Pecuniary)
How do we determine value under Theft?
1. Fair Market Value
2. Cost of Replacement
3. If the value cannot be determined O/750 - U/2,500 (Class A Misd.)
What is the difference between Theft and Robbery?
The threat or use of force
Under "Forgery", one must forge a ________ so that it purports to be __________________________ who did not authorize it.
writing, the act of another
Under Unlawful Carrying a Weapon a person must carry on or about his person what three things?
Handgun, illegal knife, and club.
To be an illegal knife the blade must be over _____ in length.
When would this offense (unlawful carrying of a weapon) be punished as a 3rd Degree Felony?
On a licensed premises.
List the types of "prohibited weapons."
1. An explosive weapon
2. A machine gun
3. A short-barrel fire arm
4. A firearm silencer
6. Armor-piercing ammunition
7. A chemical dispensing device
8. A zip gun
9. A tire deflation device /caltrop
A "short barrel firearm" means a rifle with a barrel length less than___; or a shotgun less than ___; or any weapon made from a shotgun or rifle whose overall length is less than ___.
16, 18, 26
A person who is DWI and causes serious bodily injury to another commits ____________________________. What is the Penalty?
Intoxication Assault. 3rd Degree Felony.
What is the presumptive B.A.C for intoxication _____?
A person who is DWI and causes the death of another commits ______________________________. What is the Penalty?
Intoxication Manslaughter. 2nd Degree Felony.
A person commits Arson if he starts a fire or causes an explosion with intent to damage or destroy what three things?
Building, habitation, or vehicle.
How many constitute a CONSPIRACY?
2 or more
How many constitute a RIOT?
7 or more
How many constitute a COMBINATION/CRIMINAL STREET GANG?
3 or more
How do we punish Preparatory & Inchoate Offenses?
One degree LESS
How do we punish Parties (to criminal offenses)?
The same as the crime attempted
How do we punish Organized Crime?
One degree HIGHER