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PC 3

 Offers; confers; agrees to confer on public servant  Solicits; accepts; agrees to accept from another: o Benefit for vote/action/inaction Bribery
 By coercion (threat): influences public servant or voter o To act/not act Coercion of Public Servant or Voter
Intent to influence Offers; confers; agrees to confer any benefit on a witness Coerces witness in official proceeding Falsely testify; withhold information/document; elude process; absent himself; delay prosecution OR Witness solicits/accepts/agrees Tampering with Witness
 Harms or threatens to harm another o In retaliation for service/status of victim o To prevent/delay service as  Public servant; witness; informant; person who has/will report a crime Obstruction or Retaliation
 Public servant solicits; accepts; agrees to accept any benefit o From person regulated/investigated by public servant  [Regulatory agency; jailer; prosecutors/judges/hearing officers; governor/legislator; purchasing/contract administrator] Gift to Public Servant by Person Subject to His Jurisdiction
 Offers; confers; agrees to confer any benefit to public servant o Knows public servant can’t lawfully accept Gift to Public Servant
 Required to be made under oath: o False statement, under oath; OR o Swears to truthfulness of a previous false statement Perjury
If statement could have affected the outcome of official proceeding Materiality
 Commits perjury AND  Material statement in connection with official proceeding Aggravated Perjury
 False statement material to a criminal investigation with intent to deceive: o Investigating PO/Fed Special Investigator/Investigating LE employee False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee
False report of missing child/person or makes false statement to PO/LE employee False Report Regarding Missing Child or Missing Person
 Knowing investigation/official proceeding in pending o Alters/destroys/conceals any record or thing to  Impair its verity/legibility/availability as evidence o Makes/presents any record/document/thing  Knowing it is false  Observes human corpse Tampering with or Fabricating Physical Evidence
 Knowingly makes false entry/alteration of governmental record  Makes/presents/uses record/document/thing o knowing it is false to be taken as genuine  Makes/presents/uses government record with o knowledge of falsity  Possess/sell/offer to sel Tapering with Governmental Record
 Impersonates Public Servant to induce another to submit to pretended official authority  Purports to exercise function of public servant/public office Impersonating a Public Servant
 Makes/possesses/provides:  Card/document/badge/insignia/shoulder emblem/insignia of LE Agency  To indicate person as PO False Identification as PO; Misrepresentation of Property
 If asked for Name, Address, and/or DOB o If lawfully arrested: must give information, must be truthful o If lawfully detained: must be truthful Failure to Identify
 Prevents or obstructs a (known) PO  From effecting arrest/search/transportation by using force Resisting Arrest, Search or Transportation
 Flees from (known) PO attempting to arrest/detain Evading Arrest or Detention
 Hinder arrest/prosecution/conviction/punishment of adult  Hinder arrest/detention/adjudication or disposition of child o Harbor or conceal o Aids with escape/avoiding arrest o Warns person of impending apprehension/discovery Hindering Apprehension or Prosecution
 Escape from custody o Under arrest/lawfully detained/in secure detention facility/convicted o In custody pursuant to court order Escape
 An official employee of correctional facility permits/facilitates escape  Person causes/facilitates escape of person in custody (pursuant to delinquency or mental illness) Permitting or Facilitating Escape
 To facilitate escape, introduces into correctional facility o Deadly weapon/anything useful for escape Implements for Escape
 iappropriate contact While incarcerated, contacts by letter/phone/any means (including through other) o Victim (even family) if victim younger than 17 Improper Contact with Victim
 Hinders official proceeding by o Noise/violent or tumultuous behavior/disturbance • OR, does this recklessly and continues after request to stop Hindering Proceedings by Disorderly Conduct
 With force, takes or attempts to take o Firearm/Nightstick/stungun/OC  Intent to harm PO/3rd person Taking or Attempting to Take Weapon from PO, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer
 With Criminal Negligence interrupts/disrupts/impedes/interferes any LE/Emergency agency Interference with Public Duties
 Public servant obtains benefit/harm or defraud other  Violate law of office or misuses government property Abuse of Official Capacity
 Public servant acting under color of office/official capacity o Subjects other to unlawful arrest, detention, search, seizure, dispossession, assessment, or lien o Denies lawful exercise of right/privilege/power/immunity o Subjects other to sexual ha Official Oppression
 PO or official/employee of jail o Denies or impedes rights of person in jail o Sexual contact/intercourse/deviate sexual intercourse with individual in custody Violation of the Civil Rights of Person in Custody; Improper Sexual Activity with Person In Custody
 Public servant o Intent to obtain benefit or harm/defraud o Uses information for non-governmental purpose (has access not made to public) o Acquires pecuniary interest  Solicits or receives from public servant  (ex. abuse TCIC/NCIC) Misuse of Official Information
Disturbance of public peace or tranquility. Act or conduct inciting others to violence or tends to provoke. Actual or threatened violence. (DWI/PI/Dangerous driving/Fighting/Indecent Exposure/CT/Theft) Breach of the Peace
 Abusive/indecent/profane/vulgar language in public place  Offensive gesture/display  Unreasonable odor by chemical means  Abuse or threaten a person in public place (defense = provoked)  Make unreasonable noise in/near another residence  Fight Disorderly Conduct
 7+ people o Immediate danger to persons/property o Substantially obstructs law or governmental function o By force/threat of force denies a person a legal right Riot
 Obstruct anything/any place that public has access  Disobeys a reasonable request to move from PO/fire/person in control Obstructing Highway or Other Passageway
 Disrupt lawful meeting/procession/gathering  By physical action or utterance  includes a church Disrupting Meeting or Procession
Picket within 1000 feet of cemetery/funeral service 3hrs before and 3hrs after Funeral Service Disruptions
 Initiate/communicate/circulate report of any offense; knows claim is false  Would normally: o Cause emergency organization to report o Place another in fear of SBI o Prevent/interrupt occupation of anything False Alarm or Report
 Calls 911, no emergency o Remains silent/makes abusive or harassing statements  Or allows other to use phone for that purpose Silent or Abusive Calls to 911 Service
 Prevent or interfere with other’s ability to summon help in emergency  Break phone Interference with Emergency Telephone Call
 Annoy/Alarm/Abuse/Torment/Embarrass  Obscene content communicated by telephone/writing/electronic o Threatens inflict BI/commit felony o Lies about death/SBI of person o Makes phone ring repeatedly; calls and hangs up o Sends repeated elect Harassment
 More than one occasion  Directed specifically at another person  Engages in conduct that knows victim will regard as: o Threatening BI/Death to victim/member of family o Offense vs. property o Cause other person/family member placed in fear of BI Stalking
 Digs up/does things to corpse/steals from corpse  Hides corpse  Buys/sells/traffics  Treats grave offensively  Removes body from state Abuse of Corpse
 Unjustified/unwarranted (Does not include branding or shots)  Tortures/Overworks  Abandons unreasonably  Kills/injures/administers poison/trips horse  Live animals as lure Cruelty to Livestock Animals
 Attack/injure/kill assistance animal Attack on Assistance Animal
 Owner/spectator/any participant (with any role) Dog Fighting
 Participate/attend/manufacture/buy/sell/exchange Cockfighting
 Damage/destroy/mutilate/burn flag of US or TX that can be flown from a staff Destruction of Flag
Shoot firearm, Population of 100K+ Discharge of Firearm in Certain Municipalities
 Direct at uniformed safety officer (municipal/state/fed) o PO o Security guard o EMS o Firefighter  *Not the same thing as assault by threat Use of Laser Pointers
 Engages in/offers/agrees to engage in sexual conduct for a fee  Solicits another in public place to engage in sexual conduct for hire  =trade BJ for car ride. *Regardless of gender. *Both sides culpable Prostitution
 Receives compensation pursuant to agreement to participate in proceeds of prostitution  Solicits another to engage in sexual conduct with another  *Nothing to do with the number of prostitutes Promotion of Prostitution
 Own/invest/control/manage o Two or more prostitutes Aggravated Promotion of Prostitution
 Cause other to commit prostitution by force/threat/fraud  Cause child under 18 to commit prostitution Compelling Prostitution
 Display/distribute  Obscene drawing/photograph/visual representation  Reckless about whether person offended/alarmed  *example=DVD player in car Obscene Display or Distribution
Knowing of obscene content/character – wholesale promote or possess with intent to promote Obscenity
 Sell/distribute/exhibit/possess material harmful to minors  To a person younger than 18 (knowingly)  Display, reckless whether person offended/alarmed Sale, Distribution, or Display of Harmful Material to Minor
 Employ/authorize/induce child younger than 18 o Engage in sexual conduct or performance  Parent/legal guardian consenting  Produces/promotes/directs Sexual Performance by a Child
 Visual material, child younger than 18, engaging in sexual conduct o =lewd exhibition of certain parts of child’s body  Promote: possess 6+ identical depictions Possession or Promotion of Child Pornography
Minor to minor, electronic means. “Sexting” Electronic Transmission of Certain Visual Material Depicting Minor
 Handgun, illegal knife, club o Unless on own premises or inside of or directly en route to MV  Handgun in MV/watercraft o If in plain view o Engaged in criminal activity other than M/C o Prohib from possessing firearm o Member of crim street gang Unlawful Carrying Weapons
Firearm/illegal knife/club/prohibited weapon)  School property/vehicle  Polling place on election day  Court/office used by court  Racetrack  Secured area of airport  Location of execution Places Weapons Prohibited
 Fails to conceal  Carries to o Bar (51%+ Alcohol) o HS/College/Pro sporting event o Correctional facility o Church o Government meeting o While intoxicated Unlawful Carrying of Handgun by License Holder
 Convicted felon (or M/A FV assault) (or sworn employee subject to protective order)  After conviction and before 5th anniversary of release  Can have at residence Unlawful Possession of Firearm
Convicted felon cannot possess body armor after conviction Unlawful Possession of Metal or Body Armor by Felon
 Possess/manufacture/transports/sells/repairs o Explosive weapon o Machine gun o Short-barrel firearm o Firearm silencer o Switchblade knife o Knuckles o Armor-piercing ammunition o Chemical dispensing device o Zip gun o Tire Deflation device Prohibited Weapons
 Sells/gives handgun for unlawful purpose; or if there is a protective order against them  Sells: o Firearm/illegal knife/club to child younger than 18 o Firearm/ammo to intoxicated person or felon Unlawful Transfer of Certain Weapons
 Make/sell/purchase/transport/possess a hoax bomb o Intend to make other believe it is explosive/incendiary Hoax Bomb
 Failing to secure readily dischargeable firearm to child younger than 17  =loaded with ammunition, regardless of if one in chamber Making a Firearm Accessible to a Child
 PO, regardless of if on duty  Parole/Probation officer on duty  Judges with license  Honorably retired PO (min. 15 yrs)  Military personnel on duty  Any person on own premises Nonapplicability (46.02 and 46.03 do not apply to)
 Making a bet on o Partial/final result of game or contest or performance of participant o Political result  Betting money on cards/dice/balls/other gambling device Gambling
 Operates or participates in earnings of gabling place  Bookmaking  Gains or holds object of bet  Sells chances on spread  Sets up lottery for gain  *if house does not get a cut, it is not illegal Gambling Promotion
 Use or permits use as a gambling place  Real estate/building/room/tent/vehicle/boat/other  *Defense: private place/no cut/even chances Keeping a Gambling Place
 Owns/possesses/transfers  Any gambling device/equipment/paraphernalia  *Defense: private place/no cut/even chances Possession of Gambling Device, Equipment, or Paraphernalia
 Smoking or possess burning tobacco in:  Public primary or secondary school/elevator/enclosed movie theater/library/museum/  hospital/bus/train/  PUBLIC PLACE Smoking Tobacco
 Offers to buy or sell/acquires/receives/sells/transfers ANY human organ for value Prohibition of the Purchase and Sale of Human Organs
 Open container with any amount of alcoholic beverage in passenger area of MV  Operated or parked on public highway  (Not including glove box or trunk)  (except RV/limo) Possession of Alcoholic Beverage in Motor Vehicle
 Operating MV in public place while intoxicated Driving While Intoxicated
 Operating MV in public place while intoxicated o While vehicle occupied by child younger than 15 Driving While Intoxicated with Child Passenger
 Enhanced to M/A if DWI/BWI/FWI/Assemble or operate amusement ride while intoxicated  BAC .15+ Enhanced Offenses and Penalties
 By accident or mistake cause SBI  While DWI/BWI/FWI/Assemble or operate amusement ride while intoxicated Intoxication Assault
 By accident or mistake cause death  While DWI/BWI/FWI/Assemble or operate amusement ride while intoxicated Intoxication Manslaughter
Three or more persons who collaborate in carrying on criminal activities Combination
person agrees with one or more persons that they would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. Conspires to commit
three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities Criminal street gang
 Establish/maintain/participate in a combination or in profits of combination as member of criminal street gang  Commit/conspire to commit one or more offense  (see crimes list 71.02 a(1-17)) Engaging in Organized Criminal Activity
 Causes/enables/encourages/recruits/solicits another to become a member  Requires commission of a felony or M/A offense as condition of  Initiation/admission/membership Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang
Created by: txpd