357 terms

Texas Penal Code

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physical pain, illness, or any impairment of physical condition."
Bodily Injury
A firearm or anything manifestly designed, mad, or adapted for the purpose of inflicting death or serious bodily injury...
Deadly weapon
"Consent is NOT effective if..."
Induced by threat, force or fraud
Given by an intoxicated person
Given by a person with mental disease or defect
A human being who is alive including an unborn child at every state of gestation from fertilization until birth
Individual
The actual care, custody or management
Possesion
"Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfugrement, or protracted loss or impairment of a bodily memeber or organ."
Serious Bodily injury
an act or omission and its accompany mental state;
Conduct
means assent in fact (To agree)
Consent
A threat, however communicated
A threat to inflict bodily injury in the future on the
person threatened or another.
A threat to harm a person's credit or business
repute.
A threat to take or withhold action as a public servant.
Coercion
Reckless
Of the definition of an offense does not prescribe a culpable mental state but one is required by law, the lowest level of culpability to convict is...
Criminal Negligence
When "one ought to be aware of substantial and unjustifiable risk, that the result will occur," defines...
Reckless
When one "is aware of substantial and unjustifiable risk that the result will occur," defines...
Knowingly
When one "is aware that his conduct is reasonably certain to cause the result" defines...
Intentional
When it is ones' "Conscious objective to engage in the conduct or cause the result" defines...
Criminally Responsible
A person is ? if the result would not have occurred, but for his conduct.
Same offense as the principle actor
A person that merely assist another person to commit a crime, but does not actually do the crime him or herself, is guilty of ?
15.01 Criminal attempt
" A person commits ? if with specific intent to commit an offense he does an act amounting to more than mere preparation, that tends but fails to effect the commission of the intended offense."
15.02 Criminal conspiracy
"A person commits ?, if with intent that a felony be committed he agrees with one or more persons that they engage in conduct that would constitute the offense and one of them performs an over act in pursuance of the agreement."
15.03 Criminal solicitation
"A person commits ?, if with intent to commit a capital felony he requests another to engage in that capital felony or to assist in its commission."
17
For the offense of "Criminal Solicitation of a minor," the person "solicited" to commit the required offense must be under age 15.03
16.01 (b) Criminal instrument
"Anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specifically designed, made or adapted for use in the commission of an offense" defines
Act
Bodily movement, whether voluntary or involuntary and includes speech.
Public Place
any place to which the public or 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 building, transport facilities, and shops.
Death
Includes, or an individual who is an unborn child, the failure to be born alive.
Requirements of Culpability
Intentionally
Knowingly
recklessly
criminally negligence
19.03 Capital Murder
commits murders of a peace officer, fireman
intentionally commits murder in the course of committing or attempting to commit kidnapping, burglary,robbery.
commits murder for remuneration.
commits murder while escaping from a penal institute.
while incarcerated in a penal institution, murders another person employed by a penal institution.
19.04 Manslaughter
recklessly causes the death of an individual
Punishment is a Felony 2nd Degree.
19.05 Criminally Negligent Homicide
causes death of an individual by criminal negligence.
Punishment is State Jail
20.01 (1) Restrain
to restrain a person's movements without consent, so as to interfere substantially with the person's liberty by moving the person from one place to another by confining a person.
20.01 (2) Abduct
to restrain a person with intent to prevent his liberation, by secreting or holding him in a place where he is not likely to be found: or using or threatening to use deadly force.
20.02 Unlawful Restraint
intentionally and knowingly retrains another person.
Class A misdemeanor.
State Jail felony if person restrained is younger that 17yrs felony of 3rd degree.
20.03 Kidnapping
intentionally or knowingly abducts another person
3rd degree Felony
20.04 Aggravated Kidnapping
intentionally or knowingly abducts another with the intent to hold him for ransom, reward or use as a shield or hostage, inflict bodily injury, terrorize.
1st degree felony.
20A.02 Trafficking of Persons
person knowingly: (1) traffics another person w/the intent or knowledge that the trafficked person will engage in forced labor or services; or
(2) benefits from participating in a venture that involves an activity described by subdivision (1), including by receiving labor or services the person knows are forced
2nd degree felony
21.01 (1) Deviate sexual intercourse
any contact between any part of the genitals of one person and the mouth or anus of another person , the penetration of the genitals or the anus of another person with an object.
21.07 Public Lewdness
knowingly engages in any of the following acts in a public place whether another is present who would be offended and alarmed by his or her sexual acts in public.
21.08 Indecent Exposure
exposing the anus or any part of genitals with intent to arouse or gratify the sexual desire of any person and is reckless about whether another person who will be offended or alarmed by his act.
Class B Misdemeanor
21.11 Indecency with a child
with a child younger than 17 years and not the spouse, whether the child is on of the same in or opposite sex. engages in sexual contact with the child or causes the child to engage in sexual contact.
2nd degree felony
3rd degree by a child.
32.01 (1) Financial Institutions
a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, place for deposit of funds or medium of savings or collective investments.
32.01 (4) Steal
to acquire property or service by theft.
32.21 (1) Forge
to alter, make, complete, execute or authenticate any writing.
Class A Misdemeanor
32.22 Criminal Simulation
defraud or harm an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source or authorship.
Class A Misdemeanor
32.23 (1) Counterfeit Mark
is a mark that is identical to or substantially indistinguishable from a protected mark the us or production of which is not authorized by the owner of the protected mark.
32.23 (2) Identification Mark
a data plate, serial number, or part identification number.
32.23 (3) Protected Mark
a trade mark or service mark or an identification mark that is registered with the Secretary of State, registered on the principle register of the United States Patent and Trademark Office.
32.23 (b)Trademark Counterfeiting
intentionally manufactures, displays, advertises sells or possesses with intent to sell or distribute counterfeit mark.
Class C misdemeanor if the item or service is less than $20
32.24 Stealing or Receiving Stolen Check or Similar Sight Order
Steals an unsigned check or similar sight order.
Class A Misdemeanor
32.31 Credit Card or Debit Card Abuse
intent to obtain a benefit fraudulently, whether or not expired, has not been issued to and is not used with the effective consent of the cardholder or if the card has expired or has been revoked or cancelled. Not being the card holder and possesses a credit card or debit card with intent to use it.
State Jail felony
32.32 False Statement to Obtain Property or Credit or in the Provision of Certain Services
includes a loan of money,
furnishing property or service on credit,
extending the due date of obligation,
comaking, endorsing or guaranteeing a note or other instrument for obtaining credit.
Class C Misdemeanor $50
32.41 Issuance of Bad Check
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.
Class C Misdemeanor
32.44 Rigging Publicly Exhibited Contest
intent to affect the outcome including the score of a publicly exhibited contest, or threatens harm to a participant in the contest to induce he or she not to win.
tampers with a person, animal, or thing in a manner contrary to the rules of the contest.
Class A Misdemeanor
32.47 Fraudulent Destruction, Removal, or Concealment of Writing
intent to defraud or harm another , destroys, removes, conceals and alter verity, legibility, or availability of a writing other than a governmental record.
writing includes: printing, recording information, money, stamps, seals, credit cards, badges.
Class A Misdemeanor
Minor
an individual who represents himself or herself to be younger than 17yrs of age
38.01 (2) Escape
means unauthorized departure from custody or failure to return to custody following temporary leave that is part of an intermittent sentence.
38.02 Failure to Identify
intentionally refuses to give his name, residence address or date of birth to a peace officer who has lawfully arrested the person and requested the information.
Class C Misdemeanor
38.03 Resisting Arrest, Search or Transportation
intentionally prevents or obstructs a person that is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, or transportation.
Class A Misdemeanor
38.04 Evading Arrest or Detention
intentionally flees from a person that knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.
Class A Misdemeanor
if subject uses a vehicle it is a State Jail Felony
38.05 Hindering Apprehension or Prosecution
intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense.
Class A Misdemeanor
38.06 Escape
Escaping from custody
Class A Misdemeanor
38.07 Permitting or Facilitating Escape
an official or employee of a correctional facility commits offense if knowingly permits or facilitates the escape of a person in custody.
Class A Misdemeanor
38.12 Barratry and Solicitation of Professional Employment
intent to obtain an economic benefit knowingly institutes a suit or claim that has not been authorized to pursue;
solicits employment , either in person or by telephone, for himself or for another.
3rd Degree Felony
38.122 Falsely Holding Oneself Out As a Lawyer
intent to obtain an economic benefit for himself or herself, or holds himself or herself out as a lawyer.
3rd degree felony
38.13 Hindering Proceedings by Disorderly Conduct
intentionally hinders an official proceeding by noise, or violent or tumultuous behavior or disturbance.
Class A Misdemeanor
39.01 (2) Misuse
to deal with property contrary to an agreement under which the public servant holds the property.
39.02 Abuse of Official Capacity
a public servant commits an offense if, the intent to obtain a benefit or with intent to harm or defraud another, or violates a law relating to the public servant's office or employment or misuses government property , services, personnel, or any other thing of value.
Class A Misdemeanor
39.03 Official Oppression
a public servant that intentionally subject another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he know is unlawful.
Class A Misdemeanor
42.01 Disorderly Conduct
uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
makes offensive gesture or display in public, and the gesture tends to incite an immediate breach of the peace;
abuses or threatens a person in pubic in an obviously offensive manner;
unreasonable noise;
fights with another in public;
discharges a firearm in public other than a public road or sport shooting range;
displays a firearm or other deadly weapon in public place in a manner to calculate alarm;
discharges a firearm on or across a public road;
exposes his anus or genitals in public and is reckless about whether another may be present who will be offended or alarmed by his act; or
for a lewd or unlawful purpose:
enters the property of another and looks into a dwelling on the property through any window or other opening in a dwelling
Class C Misdemeanor
42.05 Disrupting Meeting or Procession
intent to prevent or disrupt a lawful meeting , procession, or gathering.
Class B Misdemeanor
42.06 False Alarm or Report
knowingly initiates, communicated or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he know is false or baseless.
Class A Misdemeanor
43.01 (3) Sexual Contact
any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
43.02 Prostitution
knowingly offers to engage, agrees to engage or engages in sexual conduct for a fee. Class B Misdemeanor
43.03 Promotion of Prostitution
acting other than as a prostitute receiving compensation for personally rendered prostitution.
Class A Misdemeanor
43.04 Aggravated Promotion of Prostitution
knowingly owns, invest in, finances, controls, supervises, or manages a prostitution enterprise that uses 2 or more prostitutes.
3rd degree felony
43.05 Compelling Prostitute
knowingly causes another by force, threat, or fraud to commit prostitution.
2nd degree felony
46.01 (1) Club
an instrument that is specially designed, make or adapted to inflict serious bodily injury or death by striking a person with the instrument. blackjack, nightstick, mace or tomahawk
46.01 (3) Firearm
any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device fully convertible to that use.
46.01 (6) Illegal Knife
knife with a blade over 5 1/2 inches; designed to cut or stab by being thrown; dagger, including but not limited to a dirk, stiletto and poniard; bowie knife; sword; or spear
46.01 (10) Short-Barrel Firearm
a rifle with a barrel less than 16 inches with a barrel length less than 18 inches or any weapon made from a shotgun or rifle, that is altered less that 26 inches
46.01 (16) Zip gun
a device or combination of devices that was not originally a firearm and is adapted to expel in projectile through a smooth-bore or rifled bore barrel by using the energy generated by an explosion or burning substance.
46.02 Unlawfully Carrying weapon
(a) intentionally, knowingly, recklessly carries on or about his person a handgun, illegal knife, or club.
(a-1) intentionally, knowingly, or recklessly carries a handgun in a motor vehicle that is owned by the person or under the person's control at any time which:
handgun is in plain view, person is engaging in criminal activity other than Class C, prohibited by law from possessing a firearm; or
a member of a criminal street gang
Class A Misdemeanor
46.03 Places Weapons Prohibited
intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon.
3rd Degree Felony
46.04 Unlawful Possession of Firearm
person who has been convicted of a felony commits an offense when possessing a firearm.
3rd Degree Felony
46.05 Prohibited Weapons
intentionally or knowingly possesses
explosives
machine gun
short-barrel firearm
silencer
switchblade knife
knuckles
armor-piercing ammunition
a chemical dispensing device
zip gun
3rd Degree Felony
46.06 Unlawful transfer of Certain Weapons
sells, rents, leases, loans, or gives a handgun to any persons knowing that the person to whom the handgun is to be delivered intends to use it unlawfully;
intentionally or knowingly does above to a child younger than 18 years any firearm, club or illegal knife;
intentionally, knowingly or recklessly sells a firearm or ammunition to any person who is intoxicated
Class A Misdemeanor
46.09 Components of Explosives
knowingly possesses components of an explosive weapon with the intent to combine the components in to an explosive weapon for use in a criminal endeavor.
3rd Degree Felony
47.01 (7) Lottery
any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised considerations for a chance to win anything of value.
47.02 Gambling
operates and participates in earnings or bookmaking.
Class A Misdemeanor
47.06 Possession of Gambling Equipment
Class A Misdemeanor
49.01 (1) Alcohol Concentration means:
210 liters of breath
100 liters of blood
67 milliliters of urine
49.01 (2) Intoxicated
not having the normal use of mental or physical faculties by reason of the introduction of alcohol.
having an alcohol concentration of 0.08
49.02 Public Intoxication
appears in a public place while intoxicated to the degree that may endanger himself or another.
Class C Misdemeanor
49.04 DWI
operating a motor vehicle while intoxicated;
Class B misdemeanor
15.031 Criminal Solicitation of Minor
With intent for any of the following offenses to be committed: Capital murder, murder, continuous sexual abuse of a child, indecency with a child, aggravated kidnapping, sexual assault, aggravated sexual assault, aggravated robbery, or sexual performance of a child requests, commands, or attempts to induce a minor (under 17 yoa) to engage in one of these crimes. -- One level lower than the crime committed unless the actor is a member of a criminal street gang and was acting in to further the criminal activities of the gang.
20.02 Unlawful Restraint
Class A, unless restraining a person under 17 yoa, then a SJF, unless recklessly exposes the victim to substantial risk of SBI, or restrains a public servant while discharging duties, or the actor, while in custody restrains anyone, and then it is a 3rd degree felony.
20.05 Unlawful Transport
State Jail Felony
20A.02 Trafficking of Persons
2nd Degree Felony, but a 1st Degree Felony if child under 18 yoa subject to prostitution or sexual performance of a child, or the person being trafficked dies.
21.11 Indecency with a Child
3rd Degree Felony if Exposes with intent to Gratify any person, 2nd Degree if Sexual Contact. Younger than 17 yoa.
21.15 Improper Photography or Visual Recording
State Jail Felony
22.01 Assault
Class A if recklessly causes bodily injury. Class C if by contact, but contact is Class B if victim is a sports participant or in retaliation, however, if contact to a victim 65 yoa or older or disabled individual (Class A). 3rd Degree Felony if to a public servant, correctional guard, emergency service personnel or security guard in the discharge of duties, or in retaliation for discharge of duties, or previously convicted of family violence under 22.01, or strangulation was attempted.
22.011 Sexual Assault
2nd Degree Felony - Without effective consent causes sexual contact with or by another person.
22.02 Aggravated Assault
2nd Degree Felony except 1st Degree if uses deadly weapon and causes SBI to a family member, or by a public servant acting under color of office, or against a public servant discharging duties or in retaliation for discharge of duties, or in retaliation to witness, against a security officer, or a drive by shooting at a habitation, building, or vehicle and is reckless as to whether it is occupied and causes SBI to anyone.
22.021 Aggravated Sexual Assault
1st Degree Felony -- Elements of Sexual Assault + SBI or attempts to cause death, or places the victim in fear of death, SBI, or kidnapping to them, or anyone, uses or exhibits a deadly weapon, there is a second actor they work in concert with, they drug the victim with rohypnol, or the victim is under 14 years of age or 65 yoa or older, or disabled.
22.05 Deadly Conduct
Recklessly places a person in imminent danger of SBI. (Class A Misdemeanor). Knowingly discharges a firearm at or in the direction of one or more individuals, or a habitation, building, or vehicle with reckless regard as to whether they are occupied. 3rd Degree Felony.
22.07 Terroristic Threat
threatens to commit any offense involving violence to get an emergency agency to respond (Class B Misdemeanor), Places anyone in imminent fear of SBI (Class B), but if a public servant or family member (Class A misdemeanor), interrupt use of a place (class A, unless pecuniary loss is $1,500 or more, then SJF). Impairment of public comms, transportation, water, gas, power, or other public service, or place public in imminent fear of SBI, influence conduct or activities of a branch or agency of government. (3rd Degree Felony).
22.08 Aiding Suicide
Class C Misdemeanor, unless SBI and then SJF.
22.09 Tampering with Consumer Product
Tampering (2nd degree felony), Threatening to tamper (3rd degree felony), Tampering and causing SBI (1st degree felony.)
22.10 Leaving a Child in a Vehicle
Class C. Child under 7 yoa, without supervision of 14 yoa or older, for longer than 5 minutes.
22.11 Harassment by Persons in Cerain Correctional Facilities; Harassment of Public Servant
3rd Degree Felony. Actor causes contact with blood, seminal, vaginal fluid, saliva, urine, or feces while discharging public duties, or in retaliation for discharging duties.
25.01 Bigamy
individual is legally married and purports to marry or does marry a person other than his spouse or lives with a person other than his spouse
16yoa or older 2nd Degree Felony, under 16 yoa, 1st degree felony.
25.02 Prohibited Sexual Conduct
Sexual Intercourse or Deviant Sexual Intercourse. 3rd Degree Felony, unless the actors descendant or ancestor and then 2nd Degree Felony.
25.03 Interference with Child Custody
person knows taking or retention violates the express terms of a judgment or order, including a temporary order of a court disposing of the child's custody
< 18 yoa, takes or retains a child when violating express terms of a judgment or court order on custody. Intent to interfere with the lawful custody. State Jail Felony.
25.031 Agreement to Abduct from Custody
For remuneration agrees to abduct child < 18 yoa from custodial person (under court order) by any means. State jail felony.
25.04 Enticing a Child
Intent to interfere with the lawful custody of a child < 18 yoa, knowingly entices, persuades, or takes the child from the parent/guardian. Class B Misdemeanor unless the actor intended to commit a felony against the child and then a 3rd degree felony.
25.05 Criminal Nonsupport
individual intentionally or knowingly fails to provide support for the individuals child younger than 18 years old or for the individual child who is subject of a court order requiring individual support the child
State Jail Felony
25.06 Harboring a Runaway Child
knowingly harbors a child he is criminally negligent about whether the child: is younger than 18, has escaped custody of a peace officer, or parent or guardian for a substantial length of time or without the intent to return
< 18 yoa, Class A Misdemeanor
25.07 Violations of Certain Court Orders or Conditions of Bond in a Family Violence Case
Class A Misdemeanor, but 3rd Degree Felony of twice convicted previously under this law, or committed assault or the offense of stalking while under the order.
25.071 Violation of Protective Order Preventing Offense Caused by Bias or Prejudice
Class A Misdemeanor, but 3rd Degree Felony of twice convicted previously under this law, or committed assault while under the order.
25.11 Continuous Family Violence
12 months or less in duration, two or more times engages in conduct that constitutes Assault (class A) against a family member. 3rd Degree Felony.
28.02 Arson
2nd Degree Felony if with Intent to Destroy or Damage, but if recklessly caused by manufacturing a controlled substance SJF, unless SBI or Death and then 3rd Degree Felony. Except for the controlled substance all other recklessly started fires are SJF.
28.03 Criminal Mischief
SJF if to place of worship, human burial, public monument, or community center, if loss is less than $20,000. Class C misdemeanor if less is under $50 or just a substantial inconvenience to others, Class B if $50 - $499, Class A if $500 - $1499, SJF if $1,500 - $19,999 or less than $1,500 if the property damaged is a habitation and if the damage is caused by a firearm or explosive weapon, less than $1,500 if the destruction was to a fence used for livestock or game animals. 3rd degree felony if $20,000 to $99,999. 2nd Degree if $100,000 - $199,999. 1st Degree Felony if $200,000 or >.
28.04 Reckless Damage or Destruction
Class C Misdemeanor
28.08 Graffiti
Class B if under $500, but same as criminal mischief after that.
29.02 Robbery
in the course of committing theft with intent to obtain or maintain control of the property recklessly causes bodily injury or threatens or places another in fear of imminent bodily injury or death. 2nd Degree Felony.
29.03 Aggravated Robbery
causes SBI, uses or exhibits a deadly weapon, or causes bodily injury or places another person in fear of imminent bodily injury or death if 65 yoa or older or disabled. 1st Degree Felony.
30.02 Burglary
intent to commit a felony, theft, or assault. SJF if in a building, 2nd Degree Felony if in a habitation, 1st degree felony if habitation and intended to or does commit any felony other than felony theft.
30.03 Burglary of Coin Operated Machine
Class A Misdemeanor
30.04 Burglary of a Vehicle
intent to commit felony or theft, Class A Misdemeanor, unless twice previously convicted of this offense, then a SJF.
30.05 Criminal Trespass
without effective consent had notice entry was forbidden, or received notice to depart and failed to do so. Class C Misdemeanor. Class B if failure to depart after being given notice to do so (they remain), Class A if a deadly weapon was carried, or it is a habitation, shelter center, superfund, or critical infrastructure site.
30.06 Trespass by Holder of License to Carry Concealed Handgun
Class A Misdemeanor
31.03 Theft
unlawful appropriation of property with intent to deprive the owner of property without the owner's effective consent. or if it was stolen and it is acquired knowing it was stolen. See next slide for offense classes.
31.03 Theft Offense Classes
- $200,000 or more 1st Degree
- $100,000 less than $200,000 2nd Degree
- $20,000 less than $100,000 3rd Degree
- Any number of cattle, horses, exotic livestock, fowl, or 10 or more sheep, swine, goats worth less than $100,000 3rd Degree
- Less than 10 sheep, swine, or goats worth less than $20K State Jail Felony
- $1,500 but less than $20,000 State Jail Felony
- From the person of another State Jail Felony
- From human corpse or grave State Jail Felony
- Less than $1,500 but has been convicted twice before of any theft State Jail Felony
- A Firearm SJF
- Tubing and water stems containing at least 50% aluminum, bronze, or copper under $20K SJF
- Ballot or official carrier envelope SJF
-- Misdemeanors --
- $500 but less than $1,500 Class A
Class B Misdemeanor
- $50 but less than $500, or less than $50 but convicted before of any theft, or $20-$500 obtained by check, or a driver's license or ID card
Class C
Less than $50
Less than $20 by check
31.04 Theft of Service
Class C
Less than $20
Class B
$20 but < $500
Class A
$500 but less than $1,500

Felonies:
- $1,500 but less than $20,000 State Jail Felony
- $200,000 or more 1st Degree
- $100,000 less than $200,000 2nd Degree
- $20,000 less than $100,000 3rd Degree
31.07 Unauthorized Use of Vehicle
Knowingly operates another's boat, airplane, or motor-propelled vehicle with effective consent of owner. State Jail Felony.
31.11 Tampering with Identification Numbers
Class A misdemeanor
32.21 Forgery
Class A misdemeanor, except of wills, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, sight order for payment of money, contract, release, or other commercial instrument. State Jail Felony.
32.22 Criminal Simulation
Class A Misdemeanor (To make something appear to have value due to age, antiquity, rarity, source, or authorship that it does not have.)
32.23 Trademark Counterfeiting
Same penalty levels as theft of service based on $ amount injured to victim.
32.24 Stealing or Receiving Stolen Check or Similar Sight Order
person 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 transfer it to a person other than the person from whom the check or sight order was stolen
Class A Misdemeanor
32.47 Fraudulent Destruction, Removal, or Concealment of Writing
Class A, unless it is a will, codicil, deed, mortgage, security instrument or agreement or other public recorded document. State Jail Felony.
32.51 Fraudulent Use or Possession of Identifying Information
SJF if less than 5 ids.
3DF if 5 but < 10
2DF if 10 but < 50
1DF if 50 or more
+1 level if against elderly individual
38.14 Attempting to take a Weapon from a Peace Officer
3rd Degree Felony if takes the weapon (success), or SJF if attempted to take the weapon.
38.15 Interference with Public Duties
person commits offense if the person with criminal negligence interrupts, disrupts, impedes or otherwise interferes with:
-peace officer while performing a duty or exercising authority imposed or granted by law
Class B Misdemeanor
39.03 Official Oppression
public servant acting under color of his office or employment commits an offense if he:
intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity knowing his conduct is unlawful; or
intentionally subjects another to sexual harassment
Class A Misdemeanor
39.04 Violation of the Civil Rights of Person in Custody
Class A Misdemeanor to deny or impede right. sexual contact is SJF, however, if Texas Youth Commission custody 2nd Degree Felony.
42.01 Disorderly Conduct
Class C, except of discharging a firearm, or displaying a deadly weapon Class B.
42.02 Riot
Seven or more persons gather and creates an immediate danger of damage to property or injury to persons. or Obstructs law enforcement, or by force or threat or physical action deprives any person of a legal right. Class B Misdemeanor or the offense of the crime committed at the riot if in furtherance of the purpose of the assembly, or an offense which should have been anticipated as a result of the assembly.
42.03 Obstructing Highway or other Passage
if without legal privilege or authority, he intentionally, knowingly or recklessly:
obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance or exit to which a substantial group of the public has access
disobeys a reasonable request or order to move issued by a person the actor knows is a peace officer, fireman, or person with authority to control the use of the premises
Class B
42.05 Disrupting Meeting or Procession
Intent to disrupt, by physical action or verbal utterance. Class B
42.061 Silent or Abusive Calls to 911
person commits offense if makes a telephone call to 911 when there is not an emergency and knowingly or intentionally: remains silent; or makes abusive or harassing statements to PSAP employee
Class B
42.062 Interference with Emergency Telephone Call
knowingly prevents or interferes with another individual's ability to place an emergency call or request assistance in an emergency from a LE agency, medical facility or other agency or entity the primary purpose of which is to provide for the safety of individuals
Class A, unless previously convicted then SJF.
42.07 Harassment
with intent to harass, annoy, alarm, abuse, torment or embarrass another: by telephone, writing, electronic communication: obscene, threatens bodily injury, etc
Class B, unless previously convicted then Class A.
42.12 Discharge of Firearm in certain municipalities
Recklessly. populations 100,000 or more. Class A misdemeanor
43.02 Prostitution
person knowingly offers to engage, agrees to engage or engages in sexual conduct for a fee; or solicits another in a public place to engage with him in sexual conduct for hire
Class B Misdemeanor, unless 2 prior convictions then Class A. 3 prior convictions SJF.
43.03 Promotion of Prostitution
person if acting other than as a prostitute receiving compensation for personally rendered prostitution service, he or she knowingly:
receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
solicits another to engage in sexual conduct with another person for compensation
Class A Misdemeanor
43.04 Aggravated Promotion of Prostitution
person knowingly owns, invest in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes, 3rd Degree Felony.
43.05 Compelling Prostitution
knowingly cause another by force, threat or fraud to commit prostitution; or causes by any means a child younger than 18 to commit prostitution regardless if the actor knows the age of the child at the time of the offense
2nd Degree Felony.
43.22 Obscene Display or Distribution
Class C Misdemeanor
43.24 Sale, Distribution or Display of Harmful Material to Minor
< 18 yoa. Class A Misdemeanor unless minor is hired to accomplish selling or displaying the material. Then a 3rd Degree Felony.
43.25 Sexual Performance by a Child
< 18 yoa. 2nd Degree Felony. 1st Degree Felony if child is under 14 years of age.
43.251 Employment Harmful to Children
<18 yoa. Class A Misdemeanor.
43.26 Possession or Promotion of Child Pornography
knowingly or intentionally possess material of < 18 yoa engaging in sexual conduct. 3rd Degree Felony. Promotion is 2nd Degree Felony.
46.01 Weapon Definitions
Club means made or adapted for purpose of inflicting SBI or death by striking a person. (Blackjack, nightstick, mace, tomahawk). Illegal Knife is > 5.5 inches.
46.02 Unlawful Carrying of Weapons
Intentionally, knowing, or recklessly, carries on or about their person a handgun, illegal knife, or club if the person is not on their own premises or inside of or directly en route to a motor vehicle that is owned or controlled by the individual. (read more stuff p. 147) next slide for penalty categories.
46.02 Unlawful Carrying of Weapons
Class A Misdemeanor, but 3rd Degree Felony if the offense is on the premises licensed or issued to sale alcoholic beverages.
46.03 Places Weapons Prohibted
schools, polling places, court, racetrack, secured area of airport, 1,000 feet of place of execution, 1,000 feet of any place listed above, or below. 3rd Degree Felony.
46.035 Unlawful Carrying of Handgun by License Holder
intentionally fails to conceal the gun or recklessly carries a handgun where the 51% sign for alcohol (3rd Degree Felony) is, high school, collegiate, or professional sporting event, correctional facility (3rd Degree Felony), hospital, amusement park, church, synagogue, or other place of worship, meeting of govt. entity, if while intoxicated. CLASS A MISDEMEANOR except where noted above.
46.04 Unlawful possession of firearm
3rd Degree Felony, after 5 years class A misdemeanor.
46.041 Unlawful possession of body armor by felon
3rd Degree Felony.
46.05 Prohibited Weapons
Knuckles, switchblade knife (Class A misdemeanor), Machine Gun, Zip Gun, Short Barrel firearm, firearm silencer, armor piercing ammunition, explosive weapon, chemical dispensing device. (3rd degree felony.)
46.06 Unlawful Transfer of Certain Weapons
Class A misdemeanor except if to child <18 yoa a handgun, and then state jail felony.
46.08 Hoax Bomb
Class A Misdemeanor
46.09 Components of Explosives
3rd Degree Felony
46.11 Penalty if Offense in Weapons Free School Zone
300 feet of premises of schoo or where official school function is taking place, or event sponsored by UIL. Increases punishment to next higher category of offense.
49.04 Driving While Intoxicated
Class B for first offense, second offense Class A, 3rd offense 3rd Degree Felony. with a child < 15 yoa SJF.
49.07 Intoxication Assault
Causes SBI while operating motor vehicle. 3rd Degree Felony.
49.08 Intoxication Manslaughter
2nd Degree Felony.
71.022 Coercing, Inducing or Soliciting Membership in a Criminal Street Gang
knowingly enables, recruits, encourages, or solicits another to join with as a condition to join requires a criminal act to be performed at a class a misdemeanor or Felony Level. 3rd Degree Felony. subsequent convictions will be 2nd Degree Felony.
22.01 Assault
intentionally, knowingly or recklessly causes:
bodily injury to another
threatens another with imminent bodily injury
physical contact with another
Class A misdemeanor
22.011 Sexual Assault
17yrs or less
Causes penetration of the anus or sex organ by means with out consent.
by mouth
by sex or organ of a child without consent
2nd degree felony
22.02 Aggravated Assault
causes serious bodily injury to another, including spouse
exhibits a deadly weapon during the assault .
2nd degree felony
1st degree felony if a deadly weapon is used.
22.021 Aggravated Sexual Assault
causes penetration of the anus or other sex organ without consent also by mouth.
causes serious bodily injury or attempts to cause death.
places the victim in fear, threatens
uses or exhibits a deadly weapon.
1st degree Felony
minimum of 25yrs if victims under 6, 14yrs of at at time of offense.
22.041 Abandoning and Endangering a Child "ABANDON"
Leave a child in any place without providing reasonable and necessary care for the child under circumstances under which no reasonable , similarity situated adult would leave a child of that age and ability.
a child younger than 15yrs intentionally expose in risks.
a victim is younger than 14yrs of age
a victim is an elderly or disabled individual
State Jail Felony
3rd degree felony if without intent to return for the child.
22.04 Injury to a child, Elderly or Disabled Individual
causes bodily injury to a child, elderly, or disabled individual.
1st degree felony
2nd degree when conducted recklessly
22.05 Deadly Conduct
recklessly engages in conduct that places another in serious danger of serious bodily injury
discharges a firearm at or in a direction of 1 or more individuals whether it in a habitation, building or vehicle
reckless conduct class A misdemeanor
discharge firearm is a 3rd degree felony
22.07 Terroristic Threat
threatening to commit an offense involving violence to any person or property with the intent to:
cause a reaction
place public in fear of bodily injury
Class B misdemeanor
Class A misdemeanor if family violence
22.08 Aiding Suicide
the intent to promote or assist in the commission of a suicide by another , or aids or attempts to aid another to commit suicide.
Class C misdemeanor
State Jail Felony if serious bodily injury
22.10 Leaving a Child in a Vehicle
leaves a child in a motor vehicle for longer than 5 minutes
child is younger than 7yrs
not attended for individuals that are 14 and over.
Class C misdemeanor
25.01 Bigamy
purports to marry or does marry a person other than his spouse in this state.
lies with a person other than his spouse in this state under the appearance of being married.
3rd degree felony
17yrs of age is 2nd degree felony
16yrs of age is 1st degree felony
25.02 Sexual Conduct
engages in sexual intercourse with:
ancestors
descendant by blood
stepchild to step-parent
brother or sister
niece or nephew
3rd degree felony
2nd degree felony with ancestor or descendant
25.03 Interfere with Child Custody
takes or retains a child under 18yrs of age violates:
Judgment Orders
Suit for Divorce
Civil Suites
Interfere with the lawful custody of a child younger than 18, the noncustodial parent knowingly entices or persuades a child to leave custody.
State Jail Felony
25.031 Agreement to Abduct from Custody
agrees, for remuneration for the promise of remuneration, to abduct a child younger than 18yrs of age by force, threat of force, stealth, or unlawful entry and abducts a child under the care and control of a person having custody or physical possession of the child under court order.
State Jail Felony
25.04 Enticing a Child
Intent to interfere with the lawful custody of a child younger than 18, knowingly entices, persuades, or takes a child from the custody of the parent or guardian.
Class B misdemeanor
3rd degree if felony is committed.
25.05 Criminal Nonsupport (CHILD SUPPORT)
Failing to provide support for a child younger than 18 years, or for a child who is the subject of a court order.
State Jail Felony
25.06 Harboring a Runaway
knowingly harbors a child that is under 18yrs of age.
has escaped from the custody of a peace officer, or voluntarily absent from the child's home without consent from the child's parent or guardian.
Class A misdemeanor
25.07 Violation of Certain Court orders or Conditions of Bond in a Family Violence Case
violation of a family violence case related to the safety of the victim or the safety of the community.
Commits family violence
communicates directly with a protected individual or a member of the family household in a threatening or harassing manner.
Class A misdemeanor
3rd degree felony if there is an assault or offense of stalking
25.08 Sale or Purchase of a Child
possesses a child younger than 18 yrs or has the custody, conservatorship, or guardianship of child younger than 18yrs old.
agrees to accept the value for the delivery and possession of the child by another for purposes of adoption.
acquiring or maintaining the possession of a child for the purpose of adoption .
3rd degree felony
2nd degree if a another felony is committed.
25.09 Advertisement For Placement of a Child
to advertise in the public media that will place a child for adoption or will provide or obtain a child for adoption.
Class A misdemeanor
3rd degree felony if previously convicted.
Interfere with Rights of guardian of the Person "POSSESSORY RIGHT"
the right of a guardian of the person to have physical possession of a ward and to establish the ward's legal domicile.
State Jail Felony
25.11 Continuous Violence Against the Family
commits during a period that is 12 months or less in duration, 2 or more times engages in conduct that constitutes an offense against a family member or household.
3rd Degree Felony
28.01 (1) Habitation
a structure or vehicle adapted for the over-night accommodation of persons.
28.01 (2) Building
any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
28.01 (3) Property
real property
tangible or intangible personal property, including anything severed from land.
document, including money, which represent or embodies anything of value.
28.01 (4) Vehicle
any device in, on or by which any person or property is or may by propelled, moved, or drawn in the normal course of commerce or transportation.
28.02 Arson
starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage.
2nd degree felony
1st degree if bodily injury, habitation, worship assembly
28.03 Criminal Mischief
intentionally damages or destroys the tangible property of the owner or tampers with property.
Class C misdemeanor $50 or less
Class B misdemeanor $500 or less
Class A misdemeanor $1,500 or less
State Jail Felony $20,000.00 or less
28.04 Reckless Damage or Destruction
recklessly damage or destroy property.
Class C misdemeanor
28.07 Interfere with Railroad Property
tamper to move, alter, or interfere with railroad property.
throw an object or discharges a firearm or weapon at a train rail- mounted work equipment.
Class B misdemeanor throwing objects/discharging firearm
3rd degree felony if bodily injury
Class C if trespassing.
28.08 Graffiti
make marking, including inscriptions, slogans, drawings, or paintings on the tangible property of the owner with paint, marker, or engraving device.
Class B misdemeanor if loss is $500.
Class A misdemeanor if loss is $1,500.
State Jail felony if loss is $20,000.00.
29.02 Robbery
course of committing theft and with intent to obtain or maintain control of the property.
2nd degree felony
29.03 Aggravated Robbery
causes serious bodily injury to another, uses or exhibits a deadly weapon, or causes bodily injury and threatens fear or even death.
1st degree felony
30.02 Burglary
enters a habitat or building with the intent to commit a felony theft or assault.
State Jail Felony
2nd degree if in an habitation
30.03 Burglary of a Coin Operated or Coin Collection Machines
breaks ,or enters into any coin- operated machine,coin collection machine with the intent to obtain property or services.
Class A misdemeanor
30.04 Burglary of Vehicles
breaks or enter a vehicle or any part of a vehicle with intent to commit any felony or theft.
Class A misdemeanor
State Jail Felony if previously convicted
30.05 Criminal Trespass
enters or remains on a property of another, including residential without consent and notice the entry is forbidden.
Class C misdemeanor
Class A misdemeanor if committed on habitation with deadly weapon.
31.01 (4) Appropriate
bring about a transfer or purported transfer of title to or another nonpossesry interest in property, whether to the actor or another.
31.01 (7) Steal
to acquire property or services by theft
Theft 31.03
unlawfully appropriates property with intent to deprive the owner of the property.
Class C misdemeanor $50 or less
Class B misdemeanor $500 or less
Class A misdemeanor if $1,500.00 or less
State Jail Felony $20,000.00 or more than $1,500.00
Theft of Service. 31.04
intent to avoid payment for service.
Class C misdemeanor $20 or less
Class B misdemeanor $500 or less
Class A misdemeanor $1,500.00 or less
Unauthorized Use of a Vehicle 31.07
intentionally operates another's boat, airplane, or motor propelled vehicle without the effective consent of the owner.
State Jail Felony
A person commits what offense if he knowingly engages in sexual intercourse, deviate sexual intercourse, sexual contact, sexual contact with an animal or fowl in a public place or is reckless about whether another is present who will be offended?
public lewdness 21.07
A person commits what offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his actions.
indecent exposure 21.08
Intentionally, knowingly, or recklessly causing bodily injury to another person is?
assault 22.01
Intentionally or knowingly threatening another with imminent bodily injury is what?
assault 22.01
Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative is what?
assault 22.01
If a person causes serious bodily injury or exhibits a deadly weapon during the commission of an assault. The offense is called what?
aggravated assault 22.02
An elderly person is considered to be __ years of age or older.
65
If a person points a weapon at discharges a weapon at one or more individuals, or a habitation, building, or vehicle (occupied or not), that person has committed ___ ___ regardless of whether the firearm was loaded or not.
deadly conduct 22.05
A person commits what offense if he threatens to commit any offense involving violence to any person or property with intent to cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies.
terroristic threat 22.07
A person commits an offense if he intentionally leaves a child in a motor vehicle for longer than __ minutes and the child is younger than __ and not attended by someone __ or older.
5
7
14
22.10
A structure or vehicle that is adapted for the overnight accommodation of persons.
habitation
Any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
building
A person commits ___ if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage property.
arson 28.02
A person commits __ if, without the effective consent of the owner he intentionally or knowingly damages, destroys, or tampers with tangible property of the owner.
criminal mischief 28.03
If a person recklessly damages or destroys property of another he has committed ____ ___ __ ____.
reckless damage or destruction 28.04
A person commits an offense of ___ if, without the effective consent of the owner, the person intentionally or knowingly makes markings, inscriptions, slogans, drawings, or paintings on the tangible property of the owner with paint, indelible marker, or an etching or engraving device.
graffiti 28.08
If a person while in the course of committing theft, causes bodily injury to another or threatens or places another in fear of imminent bodily injury or death, he has committed what?
robbery 29.02
What has to happen to commit aggravated robbery? 29.03
1)serious bodily injury
2)deadly weapon involved
3)bodily injury or fear of bodily injury by someone 65 or older or a disabled person
If a person enters a habitat that is not open to the public, without the effective consent of the owner, with intent to commit a felony, theft, or assault. What offense has he committed?
burglary 30.02
If a person remains concealed in a building or habitation with intent to commit a felony, theft, or assault, what offense has he committed?
burglary 30.02
If a person enters or remains on or in property of another, including residential land, agricultural land, a recreational park, a building, or an aircraft or other vehicle, without effective consent and had notice that entry was forbidden and received notice to depart but failed to do so. What offense?
criminal trespass 30.05
The unlawful appropriation of property with intent to deprive the owner of property.
theft 31.03
To avoid payment for service that one knows is provided only for compensation is?
theft of service 31.04
To operate another person's boat, airplane, or motor propelled vehicle without the effective consent of the owner.
unauthorized use of a vehicle 31.07
To alter, make complete, execute, or authenticate any writing so that it purports to be the act of another who did not authorize that act, to have been executed at a time or place other than was in fact the case, or to be a copy of an original when no such original existed.
forgery 32.21
Bodily injury that causes death, substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
serious bodily injury
A person commits ___ if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
failure to identify (class c misdemeanor) 38.02
A person commits ___ if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has lawfully arrested the person, lawfully detained the person, and requested the information.
failure to identify (class b misdemeanor) 38.02
A person commits what offense if he prevents or obstructs a person he knows is a peace officer from making an arrest, search, or transportation of the actor or another by using force against the peace officer?
resisting arrest, search, or transport 38.03
If a person intentionally flees from a person he knows is a peace officer attempting to lawfully arrest or detain him, he has committed what?
evading arrest or detention 38.04
A person commits __ if he escapes from custody when he is under arrest, detained in a detention facility, or in custody.
escape 38.06
A person commits __ __ __ __ if the person with criminal negligence interrupts, disrupts, impedes, or interferes with a peace officer performing a duty or exercising authority granted by law.
interference with public duties 38.15
__ __ __ __ happens when a person observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed and fails to immediately report the offense to law enforcement.
failure to report felony 38.171
A public servant that subjects another to mistreatment, arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful has committed what?
official oppression 39.03
A riot is an assembly of _or more people creating an immediate danger of damage to property or injury to persons.
7 42.02
The use of abusive, indecent, profane, or vulgar language in a public place that creates an immediate breach of the peace is known as what?
disorderly conduct 42.01
Fighting in public is what offense?
disorderly conduct 42.01
Looking into an area that is designed to provide privacy to a person using the area is what offense?
disorderly conduct 42.01
Obstructing a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public has access is known as?
obstructing highway or other passageway 42.03
Preventing another person's ability to place an emergence telephone call or to request assistance in an emergency from law enforcement, medical facility, or other agency that provides safety is what offense?
interference with emergency telephone call 42.062
Threatening, commenting, requesting, suggesting, or proposing obscene things by telephone, writing, or electronic communication is considered what?
harassment 42.07
A person, who on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct, and includes following the other person, is known as what?
stalking 42.072
(3rd degree felony)
If a person knowingly directs a light from a laser pointer at a uniformed safety officer, peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer, what class offense is this?
class C misdemeanor
PC 42.13
If a person knowingly offers to engage, agrees to engage, engages in sexual conduct for a fee, or solicits another in a public place to engage him in sexual conduct for hire, what offense has occurred?
prostitution 43.02
(class b misdemeanor)
A person acting other than as a prostitute receiving compensation for personally rendered prostitution services, receives money or other property pursuant to an agreement to participate in the proceeds of prostitution or solicits another to engage in sexual conduct with another person for compensation has committed what crime?
promotion of prostitution 43.03
PC 43.03
If a person knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes, he has committed what offense?
aggravated promotion of prostitution 43.04
A person commits what offense if the person knowingly causes another by force, threat, or fraud to commit prostitution or causes by any means a child younger than 18 years old to commit prostitution?
compelling prostitution 43.05
What offense is it if a person displays or distributes an obscene photo, drawing, or similar visual representation or other obscene material and is reckless about someone seeing it an being offended?
obscene display or distribution 43.22
(class C misdemeanor)
PC 43.22
Criminal Solicitation of Minor 15.031
-With intent of any of the following offenses: Capital murder, murder, indecency w/ child, Aggravated Kidnapping, sexual assault, Aggravated robbery, certain drug offenses, sexual assault, or sexual performance by child
-By child 17 or younger
Violation of Protection Order 25.07
-Officer SHALL arrest if committed in his presence
-cannot arrest protected person for violating the order
Criminal Mischief 28.03
-destroys tangible property
-Tampers with tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person
-Grafitti
Grafitti 28.08
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:
-Aerosol paint
-Indelible marker
-Etching or engraving device
Robbery 29.02
A person commits an offense if, in the course of committing theft with intent to obtain or maintain control of the property, he;
1) intentionally, knowingly, or recklessly causes bodily injury to another; or
2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
-Felony 2nd
Aggravated Robbery 29.03
1) causes serious bodily injury to another
2) uses or exhibits a deadly weapon
3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury of death, if the person is:
65 yrs or older; or
A disabled person F/1
Burglary 30.02
-Without consent of owner
-enters a habitation, or a building (or any portion of the building
-with intent to commit a felony, theft, or an assault
Enter means to intrude:
1) any part of the body; or
2) any physical object connected to the body
SFJ in a building
F/2 in a habitation
Burglary of Vehicle 30.04
Class "A"
SJF if convicted before
Criminal Trespass 30.05
Offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent and he enters or remains in a building of another without effective consent
Theft of Service 31.04
With intent to avoid payment for service
Unauthorized use of Vehicle 31.07
intentionally or knowingly operates another's boat, airplane, or motor propelled vehicle without the effective consent of the owner.
-State Jail Felony
Bribery 36.02
offers, confers, or agrees to confer with another, or solicits, accepts, or agrees to accept from another any benefit.
-FELONY 2nd Degree
Honorarium 36.07
A public servant commits an offense if t he public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant's official position or duties
-CLASS "A"
Failure to Identify 38.02
Offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
-CLASS "C"
Hindering Proceedings by Disorderly Conduct 38.13
Offense is he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.

CLASS "A"
Preventing execution of Civil Process 38.16
words or physical action prevents the execution of any process in a civil case
-CLASS "C"
Official Oppression 39.03
Public servant acting under color of his office or employment commits an offense if he:
-subjects another to mistreatment or to arrest, detention, search, dispossession, assessment, or lien that he knows is unlawful;
-denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, knowing his conduct is unlawful; or
-subjects another to sexual harassment.
- CLASS "A"
Disorderly Conduct 42.01
1) uses abusive, indecent, profane or vulgar language in a public place, and the language breaches the peace.
2) offensive gesture or display in a public place;
3) Creates by chemical means, a noxious and unreasonable odor in a public place
4) abuses or threatens a person in a public place in an obvious offensive manner
5) make an unreasonable noise other than a shooting range
6) fights with another
7) discharges a firearm; C/B
8) display a firearm or deadly weapon in a public place; C/B
9) discharges a firearm across a public road
10) exposes his anus or genitals in a public place
11)Enters a property of another and looks into a dwelling on the property through and window or other opening in the dwelling. CLASS "C"
Riot 42.02
Participate in assemblage of seven or more persons
CLASS "B"
Interference with Emergency Telephone Calls 46.062
prevents or interferes with another individuals ability to place an emergency telephone call or to request assistance in an emergency
CLASS "A"
Harassment 42.07
1) initiates communication by telephone or in writing, or by electronic communication and in the course makes a comment, request, suggestion or proposal that is obscene.
2) threatens
3) conveys, in a manner reasonably likely to alarm the person receiving the report
4) causes the phone to ring repeatedly
5) makes a call and fails to hang up
6) sends repeated electronic communication in a manner to harass, annoy, alarm, abuse, torment, embarrass, of offend.
CLASS "B"
Prostitution 43.02
A person commits an offense if he knowingly:
1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
2) solicits another in a public place to engage with him in sexual conduct for hire.
C/B
Promotion of Prostitution 43.03
A person commits an offense if, acting other than a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:
1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
2) solicits another to engage in sexual conduct with another person for compensation
C/A
Aggravated Promotion of Prostitution 43.04
A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that use two or more prostitutes.
F/3
Prohibited Weapons 46.05
Felony 3rd
-Explosive weapon
-Machine gun
-Short-barrel firearm
- Firearm silencer
-Armor-piercing ammo
-Chemical dispensing device
-Zip gun
Class A- switch blade and knuckles
Illegal Short barrel firearm 46.01 (10)
Rifle= less 16 inches
Shotgun= less than 18 inches
Illegal Knife 46.01 (6)
-Blade longer than 5-1/2 inches
-throwing stars
-dagger
-bowie knife
-sword
-spear
Gambling Promotion 47.03
-Operates or participates in the earnings of a gambling place
-Engages in bookmaking
-CLASS "A"
Public Intoxication 49.02
-appears in a public place while intoxicated to the degree where the individual endagers themself of another individual.
-CLASS "C" unless under 21
Criminal Attempt 15.01
A person with intent to commit an offense does an act amounting to more than mere preparation that fails to effect the commission of the offense intended. One category lower than the offense attempted.
Criminal Conspiracy 15.02
If with intent that a FELONY be committed he agrees with one or more persons that they engage in conduct that would constitute the offense, AND one or more perform an act in persuance of their agreement. One category lower than most serious felony offense plotted.
Definition of criminal street gang 71.01 (d)
Three or more persons having a common identifying sign or symbol, or leadership, who regularly associate in the commission of criminal activity.
Money laundering 34.02
Knowingly acquires, possesses, maintains interest, transfers, or transports the proceeds of criminal activity or funds believed to further the commission of criminal activity. SJF 1,500-20,000; 3rd degree 20,000-100,000; 2nd degree 100,000-200,000; 1st degree 200,000+
Murder 19.02
Intentionally or knowingly causes death, or intends to cause SBI but causes death, or in committing a felony kills another. Felony of the first degree.

UNLESS committed in a sudden passion with adequate cause, then it is a 2nd degree
Capital murder 19.03
Intentionally kills a person they know is a police officer or fireman.

The person commits murder in the course of committing kidnapping, burglary, robbery, agg sex assault, arson, retaliation, or terror threat.

The person employs another to commit murder.

Offense is a capital felony
Manslaughter 19.04
Recklessly causes death. 2nd degree
Criminally Negligent Homicide 19.05
Causes death by criminal negligence. SJF
Unlawful restraint 20.02
Intentionally or knowingly restrains another person

Class A, unless:
child younger than 17 = SJF
recklessly exposes victim to risk of SBI = 3rd degree
restrains public servant = SJF
Kidnapping 20.03
Intentionally or knowingly abducts another to a place they will likely not be found or threatening deadly force to prevent liberation = 3rd degree
Aggravated Kidnapping 20.04
Intentionally or knowingly commits kidnapping with intent to :
1. hold for ransom
2.use as a hostage or shield
3. use in the commission of a felony or escape
4. inflict SBI
5. abuse sexually
6. terrorize him or another
7. interfere with governmental functions
or
uses or displays a deadly weapon

1st degree, unless voluntarily released victim then it is a 2nd degree
Indecency with a child 21.11
With a child younger than 17:
1. engages or causes sexual contact
2. exposes anus or genitals knowingly to the child
3. exposes the anus or genitals of the child

sexual contact = 2nd degree
exposure = 3rd degree
Age of criminal culpability?
10yrs
Assault 22.01
Intentionally, knowingly, or recklessly causes BI or
Intentionally or knowingly threatens another with imminent BI or
Intentionally or knowingly causes physical contact when he should reasonably believe the contact will be regarded as offensive or provocative

Causing BI is a class A, 3rd degree if against a public servant, family member, or choking someone

A threat or offensive contact is a class C, Class A if against a person over 65 or disabled
Harboring runaway children 25.06
Knowingly harbors a child younger than 18 criminally negligent of if the child escaped from custody of a peace officer or guardians.

Class A
Bigamy 25.01
Purports to marry or does marry someone other than his spouse, or lives with someone besides his spouse in the appearance of being married.

3rd degree
Arson 28.02
Starts a fire or causes an explosion with intent to destroy or damage any vegetation, fence, or structure

or any building, habitation or vehicle knowing:
1. it was within the city limits
2. it was insured
3. subject to a mortgage
4. Has or is property belonging to another
5. Is on anothers property, or
6. reckless if it endangers the property of another

2nd degree, 1st degree if it caused BI or death or it was a home or church
Unlawul Use of a Criminal Instrument 16.01
A person commits an offense if he or she possesses and criminal insterment with intent to use it in the commision of a offense; or with knowledge of its character and with inten to use it in the commision of an offsense, he or she manufactures, adapts, sells, installs, or set up a criminal intstrument
Unlawful interseption, Use, or Sisclosure of Wire, Oral or Electronic Communication 16.02
A person commits and offenxe if the person commits a cariety of acts that intentionally inercepts or produces another peropsn to intercept a wite oral or electrionic communication.
Murder 19.02
A person commits an offence if he or she intentionally causes the death of an individual, intends to cause SBI and commits an act clearly dangerous to human life that causes death or while committung or attemptiong to commit a felony causes the death of an individual
Capital Murder 19.03
Commits murder:
1. A peace officer or firefighter who is performing his duties
2. while committing or attempting to commit kidnapping, burglary, robbery, aggravated assault, arson, obstruction, retaliation or terroristic threat
3. for renumeration or the promise of renumeration.
4. while escaping or attempting to escape from a penal institution
5. an empoyee of a penal institution by an inmate
6. More than one person during the same criminal episode
7. while incarcerated and with intent to establish, maintain, or aprticipate in the profits of a combination
8. while incarcerated ofr murder or capital murder
9. while serving a life sentense or 99 years for agg. kidnapping, agg sexual assault or agg robbery
10. of an individual under 6 yoa
11. retaliatory murder of any Texas judge
Manslaughter 19.04
A person commits an offense if he or she recklessly causes the death of an individual
Criminaly Negligent Homicide 19.05
A person commits an offense if he causes the death of an individual by criminal negligence
Unlawful Restraint 20.02
A person commits an offense if he intentionally or knowlingly restrains another person
Kidnapping 20.03
A person commits on offense if he intentionally or knowingly abducts another person
Agg. Kidnapping 20.04
Commits Kidnapping with intent to:
1. hold or ranson or reward
2. use as a shield or hostage to aid in commision of a felony or the flight after a felony
3. inflict bodily harm or violate or abuse sexually
4. terrorize the kidnapped person or a third person
5. interdere with performace of any govermental or political function
Unlawful transport 20.05
for pecuniary benifit he transports an individual in a manner that is designed to conceal the person from local, state or federal law enforcement and creates a substantial likelihood that the person(s) transported will suffer SBI or death
Continuous Sexual Abuse of a Child or Children 21.02
A person commits of offense if during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.
Public Lewdness 21.07
A person commits of offense if he commits an act of sexual intercourse, an act of deviant sexual intercourse, act of sexual contact; or act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl in a public place or if not in a public place, he is reckless about whether another is present who will be offended or alarmed
Indecent Exposure 21.08
A person commits of offense if he exposes the anus or any part of the genitalia with intent to arouse or gratify the sexual desire of any person or if he or she is reckelss about whethe another is present who will be offended or alarment
Indecency with a child 21.11
A person commits of offense if, with a child younger than 17 YOA, whether the child is of the same or opposite sex, the person engages in sexual contact with the child or cause the child to engage in sexual contact or with intent to arouse or gratify the sexual desire of any person exposes the person's genitals knowing the child is present or cause the child to expose the child's anus or any part of the child's genitals
Improper relationship between educator and student 21.12
A person commits of offense if he has sexual conduct, sexual intercourse, or deviate sexual intercourse with a student enrolled at the primary or secondary school and the person is an employee of tha same school
Improper Photography or Visual Recording 21.15
A person commits of offense if the person photographs or visually records a person at a location that is not a bathroom or private dressing room without the persons concent and with intent to arouse or gratify the sexual desire of any person; or photographs or visually records a person at a location that is a bathroom or private dressing room without the persons concent and with intent to invade the privacy of another or arouse of gratify the sexual desire of any person; or knowing to character an contect of the photography, recording, broadcast or transmission, promots a photograph, recoding, broadcast or transmission descrided in this section
Assault- Bodily Injury 22.01
A person commits of offense if he intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse
Assault- Contact 22.01
A person commits of offense if he intentionally or knowingly causes physical contact with another when the person knows or should resonalbly believe that the other will regard the contact as offensive or provocative
Assault- by threat 22.01
A person commits of offense if he intentioanly or knowingly threatens another with imminent bodily injury, including the person's spouse
Sexual Assault 22.011
A person commits of offense if he intentionally or knowingly causes the penetration of the snus or sex organ of another person by any means without that person's consent; causes the penetration of the auns of sex organ of a child by any means; causes the pentration of the mouth of another person or a child by the sexual organ of another person without that person consent
Agg. Assault 22.02
A person commits assault and he causes SBI to another or uses or exhibits a deadly weapon
Aggravated Sexual Assault 22.021
A person commits sexual assault and
1. he causes SBI or attempts to cause the death or the victim or another pseron in the course of the same criminal episode;
2. by acts or words places the victim in fear of death, SBI or kidnapping
3. threatens another personwith detah or SBI or kidnapping
4. exhibits a deadly weapon
5. if the victim in younger than 14 yoa, elderly or disabled
6. acts in concert with another person towards the same victim
7. administers a drug to facilitate of offense`
Injury to a child, an elderly or disabled person 22.04
A person commits of offense if he intentionally, knowlingly, recklessly, by ommission, or with criminal negligence, by act or ommission, engages in conduct that cause a child 14 yoa or younger, or an individual 65 yoa or older or an envalid invdividual any of the following;
1. SBI
2. serouse physical or mental deficience or impairment
3. disfigurement or deformity
4 bodity injury
5. explotation
Abandoning or Endangering a child 22.041
A person who has custody, care or control of a child younger that 15 yoa commits an offense if he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk or harm. In addition, a person commits an offense if he or she intentionally, knowingly, recklessly or with criminal negligence, by act or omission, engages in conduct that places a child younger that 15 yoa in imminent danger of death, bodily injury, or physical or mental impairment
Deadly Conduct 22.05
A person commits of offense if he recklessly engaged in conduct that places another in imminent danger of SBI.
17 yoa (One category lower than the crime solicited)
Sec 15.031(f) Criminal Solicitation of a Minor- in this section "minor" means an individual younger than __________.
under 6 yoa (Capital Felony)
Sec 19.03 Capital Murder- (8) the person murders an individual ___________________.
younger than 17 yoa. (State Jail Felony).
Sec 20.02 Unlawful Restraint- if the person restrained was a child ______________________.
younger than 17 yoa. (2) 17 yoa or older, and younger than 14 yoa. (2 or more acts in a period of 30 or more days -- First Degree Felony).
Sec 21.02 Continuous Sexual Abuse of Young Child or Children- child has the meaning assigned by section 22.011 (c) - younger than _______; (2) at the time of the commission of each of the acts of sexual abuse, the actor is __________________ and the victim is a (young) child ____________________.
younger than 17 yoa (Sexual Contact; 2nd degree felony, or no contact, only exposure with intent to gratify any person 3rd degree felony).
Sec 21.11 Indecency of Child- with a child __________________.
child is younger than 17 yoa. elderly individyal is 65 yoa or older, disabled is older than 14 yoa (First degree felony).
Sec 22.021- Aggravated Sexual Assault- (C) Child means the same as 22.011(c) which is _______________. An elderly individual is _________________ . A disabled individual is a person older than ________________.
Injury to Child-14 yoa or younger (or younger than 15 yoa) -- (SBI, serious mental deficiency, impairment, or injury, or employee/owner of group/nursing home causes SBI, smd, impairment, or injury is a First Degree Felony if Knowingly, if Recklessly, 2nd Degree Felony. If above, but only bodily injury, or exploitation, 3rd degree felony if knowingly, SJF if recklessly. Criminally Negligent and other conducts get a State Jail Felony.
Sec 22.04 Injury to Child-_____________ or younger
Abandoning or Endangering a child younger than 15 yoa (SJF if planning to return, 3rd degree if no intent to return, 2nd degree if places the child in imminent danger of death, bodily injury, or physical or mental impairment.)
Sec 22.041 Abandoning or Endangering a child - younger than _________________.
younger than 7 yoa, 14 yoa or older for 5 minutes. (Class C misdemeanor)
Sec 22.10 Leaving Child in a Vehicle- younger than ____ yoa, not attended by an individual in the vehicle who is ________ or older for longer than ______ minutes.
18 yoa (State Jail Felony)
Sec 25.03 interference with child custody-younger than _____________.
younger than 18 yoa (Class B misdemeanor, unless it is shown at trial an intent to commit a felony against the child then a 3rd degree felony).
Sec 25.04 Enticing a child- younger than __________.
younger than 18 yoa (Class A Misdemeanor)
Sec 25.06 Harboring Runaway Child- younger than _______________.
younger than 18 yoa (3rd Degree Felony, unless actor intends to also subject the child to 43.25 (Sexual Performance of a Child)
Sec 25.08 Sale or purchase of child- younger than _______________.
"MINOR" younger than 17 yoa ; (f) 14 yoa, believes to be younger than 14 yoa (3rd degree felony, but 2nd degree if minor under 14 yoa, or 2nd degree felony if solicits minor to meet anyone for sexual contact.
Sec 33.021 Online Solicitation of a minor- "MINOR" younger than _____________________ ; (f) the offense is a felony of the second degree if the minor is younger than _____________________ or is an individual whom the actor believes to be younger than __________________
17 yoa (class C misdemeanor, unless child discharges firearm and causes SBI, or death then Class A misdemeanor).
Sec 46.13 Making a firearm accessible to a child- younger than ______________.
younger than 15 yoa (State Jail Felony).
Sec 49.045 DWI with child passenger-younger than ____________________.
18 (2nd degree felony).
43.05. COMPELLING PROSTITUTION by any means of a child less than ________ yoa.
18 and 14 (Second Degree Felony if 14+ yoa, First Degree Felony if under 14 yoa)
43.25 SEXUAL PERFORMANCE BY A CHILD: "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than ______ years of age. The offense is a felony of the first degree if the victim is younger than ______ years of age at the time the offense is committed.
Elements of Offense
1. Forbidden Conduct 2. Required culpability 3. Any required result 4. Negation of any exception to the offense