T2 Penal Code Definitions
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| show | Act
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| A person whose criminal responsibility is in issue in a criminal action. | show 🗑
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| show | Agency
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| A person other than the actor | show 🗑
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| A govt or govtal subdivision or agency, trust, partnership, or 2 or more persons having a joint or common economic interest | show 🗑
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| Anything reasonably regarded as economic gain or advantage, inclding benefit to any other person in whose welfare the beneficiary is interested | show 🗑
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| Physical pain, illness, or any impairment of physical condition | show 🗑
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| show | Coercion
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| An act or ommission plus mental state | show 🗑
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| Assent in fact, whether express or apparent | show 🗑
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| Nonprofit coorp, professional assoc created pursuant to statue, and joint stock companies | show 🗑
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| A place designated by law for the confinement of a prsn arrested for, charged w, or convicted of criminal offense. Includes municipal or county jail, confine. facility oper. by TDCJ, community corrections facility oper. by community super & corrects dept | show 🗑
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| show | Deadly weapon
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| Consent by a prsn legally authorized to act for the owner. | show 🗑
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| ___ ____ is not effective if induced by force, threat, or fraud, given by prsn the actor knows isn't legally authorzd or not old enuf, has mental ds or is intox, or given solely to detect the commiss of an offense. | show 🗑
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| The forbidden conduct, the required culpability, any required result and the negation of any exception to the offense means: | show 🗑
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| Under "Element of Offense", "the forbidden conduct" means | show 🗑
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| show | Mental state of person - I, K, R, CN
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| Under "Element of Offense", "any required result" means | show 🗑
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| show | The negation
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| An offense so designated by law or punishable by death or confinement in a penitentiary. | show 🗑
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| The state, a county, municipality, or political subdivision of the state or any branch or agency of the state, county, municipality or political subdivision. | show 🗑
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| Anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. | show 🗑
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| show | Individual
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| 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 of a county commissioners court, or a rule authorized by a lawfully adopted under a statute. | show 🗑
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| An offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. | show 🗑
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| show | Oath
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| show | Official proceeding
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| Failure to act | show 🗑
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| A person who has title to the property, possession of the prop, whether lawful or not, or greater right to possess of the prop than the actor, or is a holder in due course of negotiable instrument. | show 🗑
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| show | Peace Officer
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| show | Penal Institution
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| show | Person
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| show | Possession
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| show | Public Place
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| show | Public servant
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| show | Officer, Emp, Agent of Govt, Juror, Arbitrator, Referee, Prsn who's author by law or private written agrmnt to determine cause, Attny or Notary when particip in the perform of govtl function, Candidate for nom to public office, Prsn perform govtl function
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| show | Reasonable Belief
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| Regulation | show 🗑
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| A municipal or county jail or confinement facility operated by or under a contract with any division of the TDCJ | show 🗑
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| show | Serious bodily injury
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| show | Sight order
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| Affirm | show 🗑
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| show | Unlawful
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| The failure to be born alive for an individual who is an unborn child | show 🗑
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| Definitions of Culpable Mental State | show 🗑
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| A person is aware of the nature of his conduct or the circumstances exist or aware that the conduct is reasonably certain to cause the result. | show 🗑
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| A person that consciously disregards a substantial and unjustifiable risk that the circumstances exist or result will occur | show 🗑
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| show | Criminal Negligence (Definition of a Culpable Mental State)
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| show | Intentional (Definition of a Culpable Mental State)
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| show | Agent
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| A partner in a partnership, an officer of a corp/assoc, an agent of a corp/assoc whose duties represent the policy of the corp/assoc | show 🗑
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| show | Fine only (Up to $500), No jail time
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| Class B Misdemeanor | show 🗑
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| Class A Misdemeanor | show 🗑
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| State Jail Felony | show 🗑
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| Third Degree Felony | show 🗑
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| show | 2-20 yrs in jail, Up to $10,000
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| First Degree Felony | show 🗑
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| show | Life or Death
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| show | < 17 yrs old
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| show | Criminal Instrument
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| show | Mechanical security device
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| A device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object | show 🗑
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| Cause that would commonly produce degree of anger, rage, resentment, or terror in a prsn of ordinary temper, sufficient to render the mind incapable of cool reflection | show 🗑
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| show | Sudden Passion (Murder)
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| To restrict a person's movements w/o consent so as to substantially interfere with his liberty. Force, Intimidation, Deception. Under 14 yrs old, incompetent. Bt 14-17 taken out of state, 120 mi radius of home. | show 🗑
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| show | Abduct
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| Under Trafficking of Person, a Child would be: | show 🗑
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| show | Forced Labor or Services
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| show | Traffic
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| Any contact bt any part of the genitals and mouth or anus of another or penetration of genitals or anus with an object | show 🗑
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| Any touching of the anus, breast, or any part of the genitals of another with intent to arouse or gratify sexual desire of another | show 🗑
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| show | Sexual Intercourse
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| A prsn to whom a person is legally married to | show 🗑
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| To use "age" as a defense under Continuous Sexual Abuse of Young Child or Children, the age gap bt an adult and child must be: | show 🗑
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| show | Sexual Contact (Indecency with a Child)
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| show | Emergency Services Personnel
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| A commissioned security officer | show 🗑
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| show | Sports Participant
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| show | Health Care Services Provider
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| show | Mental Health Services Provider
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| Under Injury to a Child, Elderly, Individ, or Disabled, a Child is: | show 🗑
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| show | >= 65 yrs old
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| > 14 yrs old who is unable to protect himself from harm or provide food, shelter, medical care | show 🗑
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| show | Abandon (Abandoning or Endangering)
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| Any product offered for sale to or for consumption by the public and includes "food" and "drugs" | show 🗑
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| show | Tamper (Tampering with Consumer Product)
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| show | Bigamy (Under the Appearance of being Married)
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| Right of a guardian of the prsn to have physical possession of a ward and to establish the ward's legal home | show 🗑
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| show | Criminal Episode
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| When 2 or more offenses have been consolidated for trial, the defendant has the right to ___ the offenses | show 🗑
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| show | Breach of Peace (not on Test)
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| show | Club
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| show | BLackjack, NIghtstick, Mace/OC spray, Tomahawk
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| Any explosive designed, made, or adapted for purpose of inflicting SBI, death, or substantial property damage, or for principal purpose of causing loud noise as to cause public alarm, adapted for delivery an explosive | show 🗑
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| Any device designed, made, adapted to expel projectile through barrel using energy generated by explosion or burning substance | show 🗑
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| show | Firearm Silencer
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| show | Handgun
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| show | Illegal Knife
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| show | Bowie knife, Sword, Spear
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| Any bladed hand instrument that's capable of inflicting SBI or death by cutting or stabbing | show 🗑
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| show | Knuckles
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| show | Machine gun
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| Rifle with barrel length < 16 inches or Shotgun with barrel length < 18 inches or any weapon made from Rifle or Shotgun altered has an overall length of < 26 inches | show 🗑
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| show | Switchblade knife
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| ____ ____ does not incl a knife that has a spring, detent, or other mechanism designed to create a bias toward closure that requires exertion applied to the blad by hand, wrist, or arm to overcome the bias toward closure and open the knife | show 🗑
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| A device that appears to be an explosive or incendiary device or by design causes alarm by emergency services | show 🗑
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| show | Chemical dispensing device
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| Device or combo of devices that was not orig a firearm and is adapted to expel a projectile through smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance | show 🗑
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| show | Tire deflation device
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| A bldg. or portion of bdlg | show 🗑
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| Disturbance of mental or physical capacity resulting from introduction of any substance into the body | show 🗑
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| Withold property from owner permanently or for so extended a period of time that major portion of value or enjoyment of property is lost. Restore prop only upon payment of reward. Dispose of prop that makes recovery unlikely | show 🗑
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| show | Effective Consent
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| show | Induced by deception/coercion. Given by prsn actor knows isn't legally author. Given by prsn w diminished capacity to make informed decision.
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| To bring about a transfer or purported transfer of title to or other nonpossesory interest in property, whether to actor or another, acquire control over prop (not real prop) | show 🗑
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| Real Property, tangible/intangible Pers Prop incl anything severed from land, or a doc, incl $ that represents anything of value | show 🗑
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| Labor and profess services, Telecomm, Public util or transport service, Lodging, Rest Service, Supply of MV or other prop for use | show 🗑
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| show | Habitation
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| Any device in, on, or by which any person or prop is or may be propelled, moved, or drawn in transport except habitations | show 🗑
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| show | Building
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| show | Obscene
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| Anything tangible that is capable of being used or adapted to arouse interest, whether through reading, watching listening, but doesn't include 3D | show 🗑
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| Play, motion picture, dance, or other exhibition performed before an audience | show 🗑
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| So offensive on its face as to affront current community standard of decency | show 🗑
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| show | Promote
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| show | Wholesale Promote
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| A device primarily for stimulation of genitals (incl a dildo or artificial vagina_ | show 🗑
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| show | Harmful Material
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| show | < 18 yrs old
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| show | < 18 yrs old
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| show | < 18 yrs old
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| Under Possession or Promotion of Child Porn, a child means | show 🗑
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| show | < 18 yrs old
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| A selling price for an item to which a buyer and seller can agree | show 🗑
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| show | Value
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| show | Counterfeit Mark
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| show | Identification mark
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| A trademark or service mark or an identification mark that's registered with secretary of state/ US Patent & Trademark Office / under another state | show 🗑
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| show | Service Mark
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| show | Trademark
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| show | Combination
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| Prsn agrees with 1+ prsns that they engage in conduct that would constitute the offense and that prsn and 1+ perform an overt act | show 🗑
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| show | Criminal street gang
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| show | Material
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