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Texas Penal Code
| Term | Definition |
|---|---|
| Purpose of Penal Code | To create a code of conduct that is not permitted and punishments for violations. |
| Objective of Code | To establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate |
| Purpose of Criminal Law | To deter, punish, and rehabilitate |
| Effect of code | Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or role authorized by and lawfully adopted under a statute |
| Geography and subject matter | Jurisdiction is determined by |
| Territorial Jurisdiction | This state has jurisdiction over an offense that the person commits by his own conduct or the conduct of another for which he is criminally responsible if the conduct or the result that is an element of the offense occurs inside this state. |
| Act | Means a bodily movement, whether voluntary or involuntary and includes speech |
| Actor | A person whose criminal responsibility is in issue in criminal action. "Suspect" |
| Agency | The authority, board, bureau, commission, council, department, district, division, and office |
| Another | Person other than the actor |
| Benefit | Anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested |
| Bodily injury | Physical pain, illness, or any impairment of physical condition |
| Coercion | Commits an offense, inflict bodily injury in the future, accuse a person of any offense, expose a person to hatred, harm the credit or business, or take or withhold action as a public servant |
| Conduct | An act or omission and its accompanying mental state |
| Consent | Assent in fact whether express or apparent |
| Corporation | Includes nonprofit corporations, professional associations created pursuant to statute and joint stack companies |
| Correctional facility | A place designed by the law for the confinement of a person arrested for, charged with, or convicted of a criminal offense |
| Deadly weapon | A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or SBI or intended use is capable |
| Effective consent | Consent by a person legally authorized to act for the owner |
| Consent is not effective if | Induced by force, not legally authorized to act for the owner, a person who is unable to make reasonable decisions, or given solely to detect the commission of an offense |
| Elements of the Offense | Forbidden conduct Require culpability Any required result Negation of any exception to the offense |
| Felony | An offense so designated by law or punishable by death or conifinement in a penitentiary |
| Deprive | To withhold property from the owner for an extended time or permanently |
| Government | Any branch or agency of the state, a county, municipality or political subdivision |
| Harm | Anything reasonably regarded as loss, disadvantage or injury including harm to another person in whose welfare the person is interested |
| Law | The constitution or a statute of this state or of the US, a written opinion of a court of record, a municipal ordinance, an order, or a rule authorized by and lawfully adopted under a statute |
| Oath | Includes affirmation |
| Official proceeding | Any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant |
| Omission | Failure to act |
| Owner | A person who has title or possession to the property, whether lawful or not, or a greater right to possession of the property that the actor or is a holder in due court of a negotiable instrument |
| Penal institution | A place designated by law for confinement of persons arrested for, charged with, or convicted of an offense |
| Possession | Actual care, custody, control or management |
| Reasonable belief | A belief that would be held by an ordinary and prudent man in the same circumstances as the actor |
| Secure Correctional Facility | A municipal or county jail or a confinement facility operated by or under a contract with any division of the TDCJ |
| Serious Bodily Injury | Bodily injury that created a substantial risk of death or cause of death, serious permanent disfigurement, or protected loss or impairment of the function of any bodily member or organ |
| Unlawful | Criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification |
| Proved beyond a reasonable doubt | All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is.. |
| Exception | Prosecuting attorney must negate the existence of an ____ in the accusation charging of the offense and prove beyond a reasonable doubt that the defendants conduct does not fall within exception. "State" |
| Defense | Prosecuting attorney is NOT required to negate the existence of a ___ and prove a reasonable doubt |
| Affirmative defense | Prosecuting attorney is NOT required to negate the existence of an _____ and must prove a preponderance of evidence |
| Criminal episode | 2 or more offenses regardless of whether harms is directed toward or inflicted upon more than one person or item of property under the same offenses or committed pursuant to same of 2 or more transaction that connected or common scheme |
| Consolidation and Joinder of Prosecution | When a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court, the state shall file written notice of the action not less than 30 days prior the the trial |
| Concurrent | The sentence for each individual offense is grouped together and defendant serves the time for longest term |
| Consecutive | The sentence for each individual offense is summed, and the total summed is the time served by the defendant |
| Requirement of Voluntary Act | Person commits an offense if he voluntarily engages in conduct or knowingly obtains or receives the thing possessed or is aware of his control of the thing |
| Culpable Mental States | Intentionally Knowingly Reckless Criminal negligence |
| Intentionally | Nature of his conduct or result, is conscious objective or desire to engage in conduct or cause a result |
| Knowingly | Is aware of the nature of his conduct and that circumstances exist or certain to cause the result |
| Recklessly | He is aware by consciously disregards a substantial and unjustifiable risk that the circumstances exist. Ignoring the risk is a gross deviation from care that an ordinary person would exercise |
| Criminal Negligence | He ought to be aware of a substantial and unjustifiable risk that the circumstances exist |
| Parties to Offenses | A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, the conduct of another for which he is criminally responsible, or by both |
| Vehicle | Any device a person can be in or on and propelled, moved or drawn |
| Makes someone criminally responsible for the conduct of another | Causes innocent to engage in conduct Solicits, encourage, aids or directs Has legal duty to prevent but doesn't |
| General Defenses to Criminal Responsibility | Insanity Mistake of Fact Mistake of Law Duress Entrapment Intoxication Age (affects younger than 15) |
| Insanity | Affirmative defense, at the time of the conduct charged the actor as a result of severe mental disease, did not know his conduct was wrong |
| Mistake of Fact | Actor through mistake, formed reasonable belief about matter of fact if belief negated culpability required |
| Mistake of Law | It is NO defense to prosecution that the actor was ignorant of any provisions after the law has taken effect |
| Intoxication | Disturbance of mental or physical capacity resulting from the introduction of any substance into the body. Does NOT constitute a defense of crime |
| Duress | The actor, engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or SBI to himself or another |
| Entrapment | The actor engaged in the conduct because he was induced to do so by a LE agency using persuasion or other means likely to cause persons to commit the offense |
| Restraint | To restrict a persons movement without consent. (120 mile radius) |
| Abduct | To restrain a person with intent to prevent his liberation by holding him in a place where he is not likely to be found |
| Unlawful Restrain | He intentionally or knowingly restrains another person -Class A |
| Tamper | To alter or add foreign substance to a consumer product to make it probable that the consumer product will cause SBI |
| Adequate | Would commonly produce a degree of anger to render the mind incapable of cool reflection |
| Sudden passion | Arising out of provocation by the individual killed |
| Habitation | Structure or vehicle that is adopted for overnight accommodation of persons includes, each separately secured or occupied portion of the structure or vehicle and each appurtenant to or connected with the structure or vehicle |
| Etching device | A device that makes delineation or impression on tangible property |
| Enter | Any part of the body or any physical object connected with the body |
| Bridle | Leather device designed to fit over the head and back of a cock to prevent the cock from injuring another cock |
| Club | An instrument that is designed for the purpose of inflicting SBI or death by striking a person with the instrument includes: blackjack, nightstick, mace, tomahawk |
| Location-restricted knife | Knife with a blade over 5 1/2 inches |
| Short barrel firearm | A rifle with a barrel length of less than 16 inches; a shotgun with a barrel length less than 18 inches, a shotgun or rifle, with an overall length of less than 26 inches |
| Combination | 3 or more persons who collaborate in carrying on criminal activities |
| Conspires | 1 or more persons engage in a conduct that would constitute the offense and perform an overt act |
| Gaff | Artificial steel spur designed to attach to the leg or a cock to supplement the cocks natural spur |
| Slasher | A steel weapon resembling a curved knife blade designed to attach to the foot of the cock |
| Affirmative defenses | Insanity Duress |
| No defense | Mistake of law Intoxication |
| Defense to Prosecution | Mistake of Fact Entrapment |
| Judge | Only a _____ can rescind a protective order |
| Criminal attempt | Intentional Mere preparation but fails -One category lower |
| Criminal conspiracy | 1 or more persons engage in conduct of an overt act -One category lower |
| Criminal solicitation | Intent that a capital or first degree felony be committed, induces another to engage in specific conduct -F1 if solicited is a capital or F2 if solicited is a F1 |
| Criminal solicitation of a Minor | Induces a minor to commit an offense -One category lower |
| Murder | Intentionally or knowingly causes death or SBI that causes death or an act dangerous to another that causes death -F1 |
| Capital muder | Intentionally or knowingly murders a public servant or death in kidnapping, burglary, robbery, arson, agg. sexual assault, terroristic threat, obstruction, escaping institution, or murders child under 10, pregnant woman, same criminal transaction or durin |
| Manslaughter | Recklessly causes death to another -F2 |
| Criminally Negligent Homicide | Causes death by criminal negligence -SJF |
| Kidnapping | Intentionally or knowingly abducts another -F3 |
| Aggravated Kidnapping | Abducts another and holds for ransom or reward, or uses as shield or hostage, or inflicts BI or sexually abuses them or uses deadly weapon -F1 |
| Smuggling of Persons | Obtain a pecuniary benefit and uses a form or transportation with intent to conceal them from LE or encourages another to enter this country -F2, unless individual is sexually assaulted, SBI, or death then F1 |
| Continuous Smuggling of Persons | During a period of 10 or more days the person engages 2 or more times in conduct of smuggling of persons -F2 |
| Trafficking of Persons | Traffics another into forced labor or services -F2 |
| Continuous Sex Abuse of Child | 30 or more days, committed 2 or more acts of sexual abuse to a child 14 or younger and actor is 17 or older -F1 (25-99) |
| Public Lewdness | Engages in sexual intercourse or sexual contact in a public or private place and is reckless about who sees or is offended -Class A |
| Indecent Exposure | Exposes genitals or anus to arouse or gratify anyone and is reckless who is offended -Class B |
| Indecency with Child | Engages in sexual contact or intent to arouse or gratify a child younger than 17 -F2 |
| Improper Relationship between Student and Educator | Employee of school engages in sexual intercourse with a student in a public or private school -F2 |
| Voyeurism | To arouse or gratify sexual desire of the actor, observes another in private structure without consent -Class C |
| Assault | Causes BI or threatens another -Class A |
| Aggravated Assault | Causes SBI or uses deadly weapon -F2 |
| Sexual Assault | Penetrates the mouth, anus, or sex organ of a person without their consent -F2 |
| Aggravated Sexual Assault | Penetrates without persons consent and causes SBI or attempt death -F2 |
| Endangering or Abandoning Child | Abandons child under 15 and exposes them to risk or harm -SJF, unless without intent to return F3 |
| Deadly Conduct | Recklessly places another in imminent danger or SBI; points gun and it goes off and misses -Class A |
| Terroristic Threat | Threatens violence to cause a reaction or place person in fear of imminent SBI -Class B |
| Aiding Suicide | Promote or assist another or attempt or aid another to commit suicide -Class C, unless cause SBI then SJF |
| Tampering with Consumer Product | Tampers with consumer product knowing it will be offered for sale to the public -F2 unless person suffers SBI then F1 |
| Bigamy | Marries or lives with someone other than spouse -F3 |
| Prohibited Sexual Conduct | Intercourse without regard to legitimacy (any family member) -F2 |
| Interference with Child Custody | Keeps a child younger than 18, expresses terms after 3 days -SJF |
| Agreement to Abduct from Custody | Agrees to abduct a child under 18 from custodial parent -SJF |
| Enticing a Child | Interferes with lawful custody, entices, persuades or takes a child from custody or parent -Class B |
| Criminal Non Support | Fails to provide child support of children under 18 -SJF |
| Harboring a Runaway | Harbors a child under 18 -Class A |
| Sale or Purchase of Child | Accepts or offers a thing for value for delivery or child -F3 |
| Arson | Starts a fire or causes an explosion with intent to destroy vegetation, fence, etc -SJF unless causes BI or death then F3 |
| Criminal Mischief | Damages tangible property of owner, including killing animal -Class C |
| Reckless Damage or Destruction | Recklessly damages or destroys property of owner -Class C |
| Graffiti | Makes markings on tangible property of the owner -Class C |
| Robbery | Committing theft and cause BI or threatens or places another in fear of it -F2 |
| Aggravated Robbery | Commits robbery and causes SBI, uses deadly weapon or causes BI to disabled or elderly 65 years or older -F1 |
| Burglary | Enters a habitation or building not then open to the public with intent to commit a felony, theft, or assault, or remains concealed -SJF |
| Burglary of Vehicle | Breaks into or enters a vehicle or any part of the vehicle with intent to commit a felony or theft includes container or trailer carried on a rail car -Class A |
| Criminal Trespass | Remains on property, had notice entry was forbidden or received notice to leave but failed to do so -Class B |
| 8; 1 | In Criminal Trespass, identifying purple paint marks on trees or posts on property, the marks are vertical lines not less than __ inches in length and __ inch in width |
| Trespass by License Gun Holder | License gun holder carries a concealed handgun on property without effective consent and received notice that it was forbidden -Class C |
| Theft | Unlawfully appropriates property with intent to deprive owner of it |
| Theft of Service | Avoids payment for a service that is provided for compensation |
| Unauthorized Use of Vehicle | Operates anothers motor propelled vehicle without consent of owner -SJF |
| Cargo Theft | Receives, possesses, conceal, stores, barters, sells, abandons, or disposes stolen cargo |
| Forgery | Alters writing to defraud another -Class A unless against disabled or elderly |
| Criminal Simulation | Alters an object that appears to have value with intent to defraud or harm another -Class A |
| Credit Card or Debit Card Abuse | Presents or uses a credit card or debit card knowing it is expired or has not been issued to him by the owner -SJF |
| Issuance of Bad Check | Issues or passes a check for money payment knowing that the issuer does not have funds at the time -Class C |
| 5 | Fraudulent use of possession of Identifying Items is a state jail felony if the number of time obtained or used is less than ___ |
| Online Solicitation of Minor | Person 17 or older, communicates in a sexually explicit manner with a minor or distributes sexually explicit material to a minor -F3 |
| Online Impersonation | Without obtaining the other persons consent and intent to harm, defraud, intimidate or threaten any person uses the name or persona of another to create a webpage -F3 |
| Bribery | Agrees to accept from another any benefit for the recipients decision -F2 |
| Coercion of Public Servant | Influences in specific exercise of his official power -Class A |
| Improper Influence | Influences the outcome of an adjudicatory proceeding -Class A |
| Tampering with Witness | Influences witness to testify falsely in an official proceeding -F3 |
| 14 | A child __ years can be charged as an adult in: Capital felony, aggravated controlled substance and 1st degree felony |
| Leaving Child in Motor Vehicle | Leaves a child in a motor vehicle for longer than 5 minutes knowing the child is younger than 7 years old |
| Violation of Protective Order | Officers shall arrest if committed in his presence, cannot arrest protected person for violating the order |
| Obstruction or Retaliation | Harms or threatens another by unlawful act in retaliation for or on account of the service of another -F3 |
| Perjury | Makes false statement under oath -Class A |
| Aggravated Perjury | False statement under oath and is material -F3 |
| False Report of Missing Child or Person | Intent to deceive, files a false report of missing child or person to LE agent -Class C |
| Tampering with Evidence | Alters with intent to impair its availability in an investigation -Class A |
| Impersonating Public Servant | Impersonates public servant with intent to induce another to submit to the persons pretended official authority -F3 |
| False ID of Police Officer | Possesses an item bearing the insignia of a LE agency -Class B |
| Failure to Identify | Refuses to give name, address or DOB to officer who has been lawfully arrested and requests information -Class C unless give fictitious name then Class B |
| Resisting Arrest | Obstructs a police officers and at his direction from effecting an arrest -Class A |
| Evading Arrest | Flees while lawfully arrested or detained from officer -Class A |
| Hindering Apprehension | Hinders arrest of another or warns or conceals -Class A |
| Escape | Escapes from custody while under arrest, detained, or in a secured detention facility -Class A |
| Prohibited Items in Correctional Facility | Possesses alcohol, drugs, weapons, phone or tobacco with intent to provide in a correctional facility, unless clergy member -F3 |
| Taking Weapon from Officer | Attempts to take weapon from officer -SJF Takes weapon from officer -F3 |
| Interference with Public Duties | Interrupts peace officer while performing a duty -Class B |
| Failure to Report Aggravated Sexual Assault of Child | Observes commission of sexual assault of the crime and fails to report -Class A |
| Failure to Report Felony | Observes a felony in which SBI or death may have resulted and fails to report -Class A |
| Abuse of Official Capacity | Obtain benefit or to defraud or harm another violates a law relating to the public servants office -Class A |
| Official Oppression | Acting under color of his office-sexual harassment -Class A |
| Misuse of Official Information | Publishes information that has not been made public- acquires or aids -F3 |
| Disorderly Conduct | Uses profanity, offensive gesture, threatens, fights in public or exposes anus -Class C |
| Riot | 7 or more persons creates immediate danger of damage to property of injury of persons or participates in assemblage -Class B |
| Obstructing Highway | Obstructs an access way open to the public -Class B |
| False Alarm | Circulates a report and causes action by an official or places a person in fear of imminent SBI -Class A |
| Harassment | Intent to harass, annoy, abuse, torment, or embarrass another -Class B |
| Stalking | On more than one occasion and pursuant to the same scheme or course of conduct directed specifically at another -F3 |
| Abuse of Corpse | Vandalizes, sells, or buys a human corpse -SJF |
| Prostitution | Offers or agrees to receive a fee from another to engage in sexual conduct -Class B |
| Promotion of Prostitution | Receiving compensation for personally rendered prostitution services receives money, solicits another to engage in sexual conduct -F3 |
| Aggravated Prostitution | Manages a prostitution enterprise of 2 or more prostitutes -F1 |
| Obscenity | Content and character, wholesale promotes any obscene material or device -SJF |
| Obscene Display | Displays obscene photos or videos, etc and is reckless about whether a person is present who will be offended -Class C |
| Child Pornography | Possesses, views, or accesses visual material that shows children under 18 -F3 |
| Unlawful Carrying Weapons | Carries on his person a handgun and is not on the persons own premises -Class A |
| Places Weapons Prohibited | Possesses a firearm, location restricted knife, club or prohibited weapon on premises of a school, hospital, etc -Class C |
| Hoax Bomb | Possesses a hoax bomb with intent to use it -Class A |
| Gambling | Makes a bet on the result of a game, contest, etc -Class C |
| Gambling Promotion | Operate or participates in the earnings of a gambling place -Class A |
| Smoking Tobacco | A person in possession of a burning tobacco product -Class C |
| Public Intoxication | Person appears in a public place while intoxicated to the degree that the person may endanger themselves or another -Class C |
| Possession of Alcoholic Beverage | Possesses an open container in a passenger area of a vehicle that is located on a public highway -Class C |
| Driving While Intoxicated | Intoxicated while operating a motor vehicle in a public place -Class B unless BAC of .15 or higher |
| Intoxication Assault | By accident or mistake while operating a motor vehicle in a public place while intoxicated causes SBI or as a result of the assembling of a mobile amusement ride causes SBI -F3 |
| Intoxication Manslaughter | Operates a motor vehicle and is intoxicated and causes the death of another by accident or mistake -F2 |
| Alcohol Concentration | 210 liters of breath 100 milliliters of blood 67 milliliters of urine |
| Child | A person younger than 14 |
| Statutory | A person who fails to perform an act commits an offense if there was a ____ duty to act |
| Unlawful Possession of Metal or Body Armor by Felon | Convicted felon cannot possess metal or body armor -F3 |
| Prohibited Weapons | Possesses an explosive weapon, machine gun, or short barrel firearm; armor piercing ammunition (Class A), chemical dispensing device, zip gun, tire deflation device, firearm silencer (SJF), or improvised explosive device -F3 |
| 3 | Criminal Street Gang means ___ or more persons having common identifying signs who continuously associate in the commission of criminal activities |
| Machine gun | Firearm that is capable of shooting more than 2 shots automatically without manual reload by a single function of the trigger |
| Armor piercing ammunition | Handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor |
| Zip gun | Device that was not originally a firearm and is adapted to exploit a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance |
| Tire deflation device | When driven over implodes or stops the movement of a wheeled vehicle puncturing one or more of the tires |
| Does not | Conduct merely affording a person an opportunity to commit an offense ____ constitute entrapment |
| Sexual Intercourse | Any penetration by the female sex organ by the male sex organ |
| Preventing Execution of a Civil Process | By words or action prevents the execution of any process in a civil case |
| Burglary of Coin Operated Machine | Breaks into coin operated machine with intent to take property without owners effective consent -Class A |
| Shotgun | According the penal code, ___ is NOT covered in section 46.02 as Unlawful Carrying Weapons |
| Clement of Arson | A person sets fire to a vehicle on his own property outside the city limits and no lien or assurance attaches to the vehicle |
| UCW | Without a concealed handgun license a woman carries a gun in her purse she opens her purse at the grocery check out counter the gun falls out and goes off what is the offense |
| 26 | Prohibited weapon is a shotgun that is less than __ inches long |
| Health and Safety Code | Jurisdiction in animal cruelty cases is processed under the |
| Disorderly conduct | In a public place a man verbally abuses his wife and other individuals alert an officer this is |
| entire body | Entry required for criminal trespass |
| Aggravated promotion of prostitution | Person invests money in a known house of prostitution |
| Person kidnapped is 3 years old | Does NOT constitute an element of the crime as punishment for aggravated kidnapping |
Created by:
Vivianna R