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08 - Penal Code (Part 1: Titles 1-3)

Terms in this set (92)

Criminal episode
the commission of two or more offenses

(PC 3.01)
When multiple offenses have been committed as a criminal episode what may occur?
Defendant may be prosecuted in a single criminal action with all charges combined

(PC 3.02)
When the accused is found guilty of more than one offense out of the same criminal episode, what will happen?
Sentence for each offense will be pronounced and the sentences shall run concurrently.

(PC 3.03)
Act
bodily movement, whether voluntary or involuntary, and includes speech

(PC 1.07)
Bodily injury
physical pain, illness, or any impairment of physical condition

(PC 1.07)
Coercion
a threat (however communicated):

- to commit an offense
- to inflict bodily injury in the future on the person threatened or another
- to accuse a person of any offense
- to expose a person to hatred, contempt, or ridicule
- to harm the credit or business repute of any person
- to take or withhold action as a public servant, or to cause a public servant to take or withhold action

(PC 1.07)
Controlled substance
substance including a drug, an adulterant, and a dilutant

(PC 1.07 & HSC 481.002)
Criminal negligence
a person who acts intentionally,or with intent, knowingly or with knowledge, is reckless or recklessly engages in conduct which cause the result of an event

(PC 1.07, 6.03)
Effective consent
consent by a person legally authorized to act for an owner

consent is not effective if it:
- was obtained by force, fraud, or threat
- given by a person who is not legally authorized by an owner
- given by a person who by youth, mental disease, mental defect, or intoxication who is unable to make reasonable decisions
- given solely to detect the commission of an offense

(PC 1.07)
Elements of an offense
1 - forbidden conduct
2 - required culpability
3 - required result
4 - negation of any exception to the offense

(PC 1.07)
Reasonable belief
a belief that would be held by an ordinary and prudent person in the same circumstances

(PC 1.07)
Serious bodily injury
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

(PC 1.07)
Objectives of the Texas Penal Code
to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to the public or individuals of the State

1 - insure public safety
2 - definition and grading of offenses to notify what is prohibited and the consequences of violation
3 - prescribe penalties proportionate to the offense
4 - safeguard conduct that is without guilt from criminal condemnation
5 - prevent arbitrary or oppressive treatment of persons suspected of offenses
6- define the scope of interest and systematize the exercise of criminal jurisdiction

(PC 1.02)
Voluntary act
person commits an offense if they voluntarily engages in conduct, possession or includes omission

(PC 6.01)
Classifications and levels of culpable mental states
(Highest to lowest)

1 - intentional
2 - knowing
3 - reckless
4 - criminal negligence

(PC 6.02 [d])
Culpable mental state of intent or with intent
Conscious objective or desire

(PC 6.03)
Culpable mental state of knowing or with knowledge
Aware of conduct and reasonably certain of its result

(PC 6.03)
Culpable mental state of recklessly or reckless
Consciously disregards risk and care of substantial and unjustifiable risk which cause its result

(PC 6.03)
Culpable mental state of criminal negligence
Ought to be aware but fails to recognize the risk and the results occur

(PC 6.03)
A person does not commit an offense if:
they do not intentionally, knowingly, recklessly or with criminal negligence engage in in conduct connected to an offense.

(PC 6.02)
A person is criminally responsible if:
- the result of the event/offense would not have occurred without their conduct either alone or with another cause

- a different offense was committed which caused the result of the actual event/offense
- a different person or property was injured, harmed, or otherwise affected

(PC 6.04)
A person as part of a party is criminally responsible if:
- the offense is committed by their own conduct, by the conduct of another, or by both
- each party to an offense may be charged with commission of the offense

(PC 7.01)
A person is criminally responsible for the conduct of another if:
- they caused or aided an innocent or non responsible party to engage in the offense
- they acted with intent to promote, assist the commission of offense, solicits, encourages, directs, aids, or attempts to aid another person who actually commits the offense

- they fail to make a reasonable effort to prevent the commission of the offense
- attempt to carry out a conspiracy to commit one felony, actually commits another felony

(PC 7.02)
A corporation is criminally responsible if:
- an agent acting on behalf of the corporation or associated with the corporation within their scope of employment commits an offense
- an offense's commission was authorized, requested, commanded, performed, or recklessly tolerated by a majority of the governing board or a high managerial agent acting on the corporation's behalf

(PC 7.22)
An individual (on behalf of a corporation) is criminally responsible if:
they perform an offense in the name of or in behalf of a corporation or association of the same extent

(PC 7.23)
Insanity defense
- due to severe mental disease or defect, the actor did not know their conduct was prohibited

- does not include repeated criminal conduct or antisocial conduct

(PC 8.01)
Mistake of fact defense
- due to a mistake, the actor formed a reasonable belief about a matter of fact which negates their culpability for the offense's commission

- they may be convicted of any lesser offense of the same type

(PC 8.02)
Culpability
responsibility for a fault or wrong
Mistake of law defense
- ignorance of the law is no defense

- actor reasonably believed the conduct was not an offense and they acted upon an official statement of law in a written order or permission document from an administrative agency, or a written interpretation of law or made by a public official who legally interprets such law

- they may be convicted of any lesser offense of the same type

(PC 8.03)
Mistake of intoxication defense
- voluntary intoxication is no defense against the commission of an offense

- evidence of temporary insanity caused by intoxication may be introduced and reviewed by the court

(PC 8.04)
Duress defense
- compulsion to perform an offense due to threat of imminent death or serious bodily injury to themselves or another can negate the performance of an offense

- if NOT a felony, the compulsion to perform an offense due to threat of force or by force can negate the performance of an offense

- no defense if the person intentionally, knowingly, or recklessly placed themselves into such a situation
- no defense if the person acted at the command, persuasion of their spouse unless the above can be applied

(PC 8.05)
Entrapment defense
- the actor was engaged in the offense due to inducement, persuasion or other means by a law enforcement agent

- no defense if the opportunity to commit an offense was already present and acted upon

(PC 8.06)
Age limits for criminal responsibility
a person younger than 15 yo may NOT be prosecuted/convicted for ANY offense EXCEPT:

1 - perjury, aggravated perjury
2 - motor related offenses per TC (Ch 729), EXCEPT when person is sentenced to confinement
3 - motor vehicle traffic violation
4 - if misdemeanor (fine) only
5 - violation of political subdivision ordinances
6 - capital felony, aggravated controlled substance felony, Felony 1 if person committed offense 14 years or older
7 - capital felony (of murder)
8 - juvenile curfew ordinance

- no person who was younger than 18 yo at time of offense may be punished by death
- no person can be prosecuted/convicted if younger than 10 yo at time of offense

(PC 8.07)
Levels of felonies
(highest to lowest)

- Capital felony
- Felony 1
- Felony 2
- Felony 3
- State Jail Felony

(PC 12.04)
Punishment levels: Class A Misdemeanor
- fine up to $4000
- confinement up to 1 year
- or both

(PC 12.21)
Punishment levels: Class B Misdemeanor
- fine up to $2000
- confinement up to 180 days
- or both

(PC 12.22)
Punishment levels: Class C Misdemeanor
- fine up to $500 (excluding municipal ordinances)

(PC 12.23)
Punishment levels: Capital Felony
- Death penalty
- confinement for life without parole

(PC 12.31)
Punishment levels: Felony 1 (1st Degree)
- confinement for life
OR
- confinement: Min. 5 years, Max. 99 years
- fine up to $10,000
- or both

(PC 12.32)
Punishment levels: Felony 2 (2nd Degree)
- confinement: Min. 2 years, Max. 20 years
- fine up to $10,000
- or both

(PC 12.33)
Punishment levels: Felony 3 (3rd Degree)
- confinement: Min. 2 years, Max. 10 years
- fine up to $10,000
- or both

(PC 12.34)
Punishment levels: State Jail Felony
- confinement: Min. 180 days, Max. 2 years
- fine up to $10,000
- or both

person judged guilty may be convicted of Felony 3 if:
- deadly weapon used in commission of offense or during immediate flight from offense
- individual previously convicted of specific felonies

(PC 12.35)
Punishment enhancements for Class A Misdemeanors
if defendant has been previously convicted of Class A Mis. or any felony, upon conviction they shall be punished by:
1 - fine up to $4000
2 - confinement: Min. 90 days, Max. 1 year
3 - and both

(PC 12.43)
Punishment enhancements for Class B Misdemeanors
if defendant has been previously convicted of Class A Mis. or Class B Mis. or any felony upon conviction they shall be punished by:
1 - fine up to $2000
2 - confinement: Min. 30 days, Max. 180 days
3 - and both

(PC 12.43)
Punishment enhancements for Class C Misdemeanors
if defendant has been previously convicted of Class C Mis. of Disorderly Conduct or Public Intoxication three times prior to current offense (within a 24 month period) upon conviction they shall be punished by:
1 - fine up to $2000
2 - confinement: Max. 180 days
3 - or both

(PC 12.43)
If offense was committed because of bias or prejudice:
(Excluding Felony 1, Class A Mis.)
the punishment for the offense is increased to the next higher level

- if offense was Class A Mis.: confinement Max. 180 days

- does not apply if the defendant intentionally selected the victim due to disability

(PC 12.47)
If offense was committed with the use of controlled substances:
(Excluding Felony 1, Class A Mis.)
the punishment for the offense is increased to the next higher level

- if offense was Class A Mis.: confinement Min. 180 days

(PC 12.49)
If offense was committed in a disaster area or evacuated area:
the punishment for the offense is increased to the next higher level if any of the following occurred:

1 - state of disaster declared by US Pres., TX Governor, presiding head of political subdivison
2 - offense(s) of Assault, Robbery, Burglary, Theft

- if offense was Assault, Class A Mis. or Theft, Class A Mis.: confinement Min. 180 days
- if offense was Burglary Felony, Theft Felony: offenses cannot be increased

(PC 12.50)
Actor
A person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this manner, it means "actor".

(PC 1.07)
Omission
A failure to act

(PC 1.07)
Public Servant
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:

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

(PC 1.07)
Who may be charged with the same offense as the main (principal offender)?
accomplices and other parties to the offense

(PC 7.01)
What are valid defenses in a criminal trial?
Mistake of Fact
Mistake of Law
Entrapment
Duress
Insanity

(PC 8.04)
For offenses other than Perjury and Agg. Perjury, a person younger than 17 may not be convicted of an offense unless
Juvenile Court waives its jurisdiction

(PC 8.07)
Felony 3rd Degree punishment limits
2 years - 10 years confinement
$10,000 penalty
or both

(PC 12.34)
What are considered to be an element to an offense?
- Commission of the offense
- Culpability (responsibility) of the actor
- Harm caused by the actor
- Exception available to the actor

(PC 1.07)
Misdemeanor Class B punishment limits
up to 180 days confinement
$2,000 penalty
or both

(PC 12.22)
Felony 2nd Degree punishment limits
2 years - 20 years confinement
$10,000 penalty
or both

(PC 12.33)
What is required for criminal responsibility to be excused during a trial?
Preponderance of the evidence

(PC 2.03)
What are the culpable mental states?
(1) intentional
(2) knowing
(3) reckless
(4) criminal negligence

(PC 6.02)
Felony 1st Degree punishment limits
5 years - 99 years confinement
$10,000 penalty
or both

(PC 12.32)
Felony Capital punishment limits (for offender 18 or older at time of offense)
Death penalty
Life without parole in confinement
Life


(PC 12.33)
Felony Capital punishment limits (younger than 18 at time of offense)
Life in confinement


(PC 12.33)
Enhanced penalties requirements for repeat and habitual Misdemeanor C offenses
Must have:
(3) Previous Class C convictions (of any combination within 24 months of current offense) of Disorderly Conduct (PC 42.01) or Public Intoxication (49.02)

(PC 12.43 [c]
Enhanced penalties requirements for repeat and habitual Misdemeanor B offenses
Must have:
Previous Class A or prior Felony convictions

(PC 12.43 [b])
Enhanced penalties requirements for repeat and habitual Misdemeanor A offenses
Must have:
Previous Class A or Class B or any prior Felony
convictions

(PC 12.43 [b])
Enhanced punishment limits for repeat and habitual Misdemeanor A offenses
90 days - 1 year confinement
$4,000 penalty
or both

(PC 12.43)
Enhanced punishment limits for repeat and habitual Misdemeanor B offenses
30 days - 180 days confinement
$2,000 penalty
or both

(PC 12.43)
Enhanced punishment limits for repeat and habitual Misdemeanor C offenses
up to 180 days confinement
$2,000 penalty
or both

(PC 12.43)
Offenses committed due to bias or prejudice punishment limits
Punishment increased to next highest category of offenses

(PC 12.47)
Class A minimum punishment for offenses committed due to bias or prejudice
180 days in confinement

(PC 12.47)
Offenses committed with controlled substance punishment limits
Punishment increased to next highest category of offenses

(PC 12.49)
Class A minimum punishment for offenses committed with a controlled substance
180 days in confinement

(PC 12.49)
Which non-felony offenses committed within a disaster/evacuated area will increase the punishment of a Class A Misdemeanor? What is the increased punishment?
- Assault (22.01)
- Robbery (29.02)
- Burglary (30.02)
- Theft (31.03)

180 days - 1 year confinement
$4,000 penalty
or both

(PC 12.50)
What burden of proof standard is required to have a successful defense to prosecution which excuses criminal responsibility?
preponderance of evidence

(PC 2.03)
The purpose of the Penal Code is to:
provide public safety by deterrence, rehabilitation of the convicted and punishment to prevent recurrence of criminal behavior

(PC 1.02)
Additional objectives of the Penal Code include:
Defining and grading offenses, prescribe penalties that are proportionate to the offense, safeguard conduct that is not criminal, to prevent oppressive treatment of persons involved in offenses, to systematize the exercise of criminal jurisdiction.

(PC 1.02)
Criminal attempt requires an act:
of more than mere preparation

(PC 15.01)
A reckless mental culpable state means what?
that the actor is aware but consciously disregards risk

(PC 6.03)
Effective Consent
includes consent by a person legally authorized to act for the owner. Consent is not effective if:

- induced by force, threat, or fraud
- given by a person the actor knows is not legally authorized to act for the owner
- 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
- given solely to detect the commission of an offense

(PC 1.07)
Public place
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

(PC 1.07)
If multiple offenses are performed within the same criminal episode, _________
a defendant may be prosecuted in a single criminal action

(PC 3.09)
What is required to commit an offense?
An act of voluntary engagement or by omission

(PC 6.01)
How long to present a complaint in a misdemeanor case?
Statute of limitation: 2 years
Which offenses have no statutory limits?
1. Murder and manslaughter
2. Sexual assault with DNA
3. Hit and run
4. Trafficking a child
5. Indecency with a child
6. Sexual assault/aggravated sexual assault with child
7. Child prostitution

(CCP 12.01)
Which offenses have a 10 year statutory limitation?
1. Theft of any estate, real, personal or mixed
2. Theft by public servant of government property
3. Forgery
4. Injury to elderly/disabled (65)
5. Sexual assault
6. Arson (without death)
7. Trafficking
8. Forced prostitution

(CCP 12.01)
Which offenses have a 7 year statutory limitation?
1. Misapplication of fiduciary property or property of a financial institution
2. Securing execution of document by deception
3. Felony Tax Code violation
4. False statement to obtain property or credit
5. Money laundering
6. Credit/debit card abuse
7. Fraudulent use/possession of identifying information
8. Medicaid fraud
9. Bigamy

(CCP 12.01)
Which offenses have a 5 year statutory limitation?
1. Theft or robbery
2. Kidnapping or burglary
3. Injury to elderly/disabled not punishable by F1
4. Abandoning/endangering child
5. Insurance fraud

(CCP 12.01)
What is a deadly weapon?
- a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury
- anything that in the manner of its use or intended use is capable of causing death or serious bodily injury

(PC 1.07)
Consecutive punishments
When punishments for multiple offenses or multiple counts of the same offense (performed in the same criminal episode) are served one after the other

(PC 3.03)
Concurrent punishments
When the court determines that punishments for multiple offenses or multiple counts of the same offense (performed in the same criminal episode) may all be served at the same time, with the longest period controlling the maximum sentence.

(PC 3.03)
Harm
physical injury, especially that which is deliberately inflicted
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