Texas Penal Code
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| Criminal Negligence | show 🗑
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| Reckless | show 🗑
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| Knowingly | show 🗑
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| Intentionally | show 🗑
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| show | 1. The forbidden conduct.
2. The required culpability.
3. Any required result.
4. The negation of any exception to the offense.
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| show | Punishable by fine, or confinement, or both
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| Felony | show 🗑
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| Tampering with a witness (or prospective witness) | show 🗑
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| Tampering with a witness Classification | show 🗑
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| Official Proceeding | show 🗑
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| Improper Influence (About the courts) | show 🗑
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| show | Coercion means threat. CMS- Intential , Knowing, or reckless. Act - Influence or attempt to influence by threat, a public servant or voter. Misdemeanor A, unless threaten a felony then it is a Felony 3.
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| show | "It is an exception to the application of..."
You must negate the exception as an element of the offense only when this exact language appears in the code.
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| Law of Parties | show 🗑
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| show | Each element of the defense must be proven.
Burden of proof falls on defendant.
Must be proven by a preponderance of the evidence.
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| Criminal Episode | show 🗑
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| Sentencing in a Criminal Episode | show 🗑
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| show | A person is criminally responsible if the result would not have occurred BUT FOR his conduct.
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| show | It doesn't matter that the offense committed or the victim harmed was not the intended offense or victim.
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| Writ of Habeas Corpus | show 🗑
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| Bodily Injury | show 🗑
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| show | Substantial risk of death or causes death or serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
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| Deadly Weapon | show 🗑
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| Owner | show 🗑
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| Death | show 🗑
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| Bribery | show 🗑
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| show | Inducement to a contract. This is what makes a bribe different than a gift.
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| Benefit | show 🗑
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| show | CMS- Intent to harm or defraud. Act- Obtain, possess, transfer or use any item of "identifying information", without the consent of the owner. Classify penalty based on number of identifying items the actor has.
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| show | CMS- Intent to harm or defraud another. Act- Forges a writing. Misdemeanor A as a general rule, State Jail if codicil or deed, Felony 3 if money or stocks, Raise one level if victim is elderly.
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| show | CMS- Intent to obtain a benefit fraudulently. Act- Present or Use a credit or debit card, with knowledge that the card is not yours or that the card has been revoked or cancelled. 10 other ways to misuse. State jail unless elderly vic.then it is Felony 3.
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| show | Printing
Money, coins, tokens, stamps, badges
symbols of value, right, priviledge, or identification
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| show | Alter a writing
Transfer a forged writing
possess a forged writing
with intent to pass it
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| Unauthorized acquisition or transfer of certain financial information | show 🗑
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| Tampering with Identification Numbers | show 🗑
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| show | CMS- Intetionally or Knowingly (No intent to deprive that is what makes it different from theft). Act- operate a motor vehicle without consent of the owner. State Jail Felony
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| Theft of Service | show 🗑
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| show | CMS- Intent to deprive the owner of property. Act- Unlawfully appropriates property.
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| Trespass by license holder with concealed or open carry license | show 🗑
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| Criminal Attempt | show 🗑
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| show | General Rule is class B misdemeanor. Several special situations that change the penalty.
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| Criminal Trespass | show 🗑
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| Notice for Criminal Trespass | show 🗑
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| Burglary of Motor Vehicle Classifications | show 🗑
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| show | CMS- Intent to commit a felony or theft. Act- Break or enter the vehicle or any part of the vehicle.
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| show | CMS- Intent to obtain property or services. Act- Break or enter into a coin operated machine, without the consent of the owner. Class A misdemeanor.
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| show | Bulding- State Jail
Habitation- Felony 2
Habitation with intent to commit a felony other than theft- Felony 1
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| Burglary | show 🗑
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| show | Induced to commit the crime by law enforcement. Conduct merely affording you the opportunity to commit a crime is NOT entrapment.
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| show | Affirmative Defense. Elements- Defendant compelled to engage in the prohibited conduct. Felony- threat or imminent death or SBI. Misdemeanor- Force or threat of force.
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| show | Voluntary intoxication is NEVER a defense to a crime.
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| show | Ignorance of the law is NOT a defense
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| Mistake of Fact | show 🗑
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| show | Affirmative Defense. Elements- At the time of the offense actor had a severe mental disease or defect. As a result of that disease, the actor DID NOT KNOW his conduct was wrong.
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| Act | show 🗑
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| show | A person whose criminal responsibilty is in issue in a criminal action. Suspect.
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| Agency | show 🗑
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| Another | show 🗑
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| show | a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.
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| Coercion | show 🗑
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| Conduct | show 🗑
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| show | Assent in fact
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| Effective consent | show 🗑
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| Official Proceeding | show 🗑
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| show | Authority or power over someone or something
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| show | Prosecutor's burden to get a conviction at trial
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| Proof beyond a preponderance of the evidence | show 🗑
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| Probable Cause | show 🗑
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| show | CMS- Intentionally or knowingly Act- causes a death. Intended to cause SBI or to commit a felony and the act was clearly dangerous to human life and caused the death. Felony 1 unless adequate cause (sudden passion) then felony 2.
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| Adequate Cause | show 🗑
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| Capital Murder | show 🗑
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| Manslaughter | show 🗑
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| Criminally Negligent Homicide | show 🗑
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| show | CMS- Intent to commit a Felony 1 or Capital Murder. Act- Requests, commands, or attempts to induce another to commit the felony intended. Classify- F1 if capital felony was intended, F2 if F1 was intended.
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| show | Affirmative defense. Elements- Voluntarily and completely, The Actor abandoned Criminal Conduct, OR the actor took affirmative action to prevent the offense.
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| show | CMS- Intent to use. Act- Possess 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. Classify one level below intended offense.
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| show | CMS- Knowingly. Act- Installs tracking device on a motor vehicle owned by someone else.
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| show | CMS- Intentional or knowing. Act- Abducts another person. F3. Affirmative defense- No deadly force intent or threat, Relative with intent to lawfully assume control of the victim.
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| Abduct | show 🗑
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| Restrain | show 🗑
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| show | a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
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| show | CMS- Intentional or knowing. Act- Restrains another person. Mis. A as general rule. State jail victim under 17. F3 if victim is recklessly exposed to SBI. Affirmative defense- Child under 14 AND relative AND intent is to assume lawful control of child.
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| Aggravated Kidnapping | show 🗑
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| Smuggling of Persons | show 🗑
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| show | During the period of ten or more days a person engages in two or more smugglings. F2 unless there is liklihood for SBI or death than it is a F1
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| show | CMS- Knowingly. Act- Traffic another person with intent that the trafficked person engage in forced labor or services. F2 general rule. Child victim (even if actor did not know the childs age) F1.
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| Criminal Solicitation of a Minor | show 🗑
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| Online Solicitation of a Minor | show 🗑
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| show | Any contact between any part of the genitals of one person and the mouth or anus of another person; OR the penetration of the genitals or the anus of another person with an object.
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| Sexual Contact | show 🗑
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| Public Place | show 🗑
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| Public Lewdness | show 🗑
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| Indecent Exposure | show 🗑
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| Indecency with a Child | show 🗑
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| show | 30 or more days, Two or more acts of sexual abuse with Victim younger than 14. F1.
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| Invasive Visual Recording | show 🗑
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| Unlawful disclosure of promotion of intimate visual material (revenge porn) | show 🗑
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| show | CMS- intent to arouse or gratify sexual desire. Act- observes another person without the other person's consent while they are in a dwelling or structure in which the person has a reasonable expectation of privacy. MC unless prior conviction then MB.
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| show | CMS- Intentional, knowing, or reckless. Act- Causes BI OR Offensive or provocative physical contact with elderly (65+) or disabled.
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| Assault Classifications | show 🗑
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| show | CMS- Intentional, knowing, or reckless. Act- Offensive or provocative physical contact OR Threatens BI.
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| Aggravated Assault | show 🗑
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| show | CMS- intentional/knowing. Act- causes the penetration of the anus, sex organ, or mouth of another person by any means, without that person's consent or to a child (under 17). F2
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| Aggravated Sexual Assault (F1) | show 🗑
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| show | CMS- Intentionally Act- Leaves the child (< 15) w/out reasonable & necessary care, No similarly-situated adult would leave the kid. Negate the exception “this defendant did not voluntarily deliver the child to a designated emergency infant care provider”
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| Abandoning a child Classifications | show 🗑
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| Endangering a child | show 🗑
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| Deadly Conduct Mis. A | show 🗑
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| show | CMS- Knowingly. Act- Discharge firearm towards a building, habitation or vehicle Reckless if target is occupied. It is irrelevant that the actor believed the gun to be unloaded; & it is also irrelevant that the building, vehicle or habitation was empty.
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| Criminal Solicitation | show 🗑
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| Terroristic Threats | show 🗑
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| show | CMS- Intent to assault, harass or alarm Act- While confined in a correctional facility Cause another person To contact blood, urine, feces etc OR CMS- Intent to harass or alarm. Act- Causes a public servant To contact blood, urine, feces etc.F3
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| Bigamy | show 🗑
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| show | CMS- Knowingly. Act- Take or retain a child (<18) in violation of custody order. If no order There is no offense when a parent keeps his/her own child. If pending custody order you cannot take the child outside of jurisdiction of the court. State Jail
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| Harboring a Runaway Child | show 🗑
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| Violation of certain court orders [protective orders] | show 🗑
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| show | Structure or vehicle adapted for overnight accomodation of persons.
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| Building | show 🗑
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| show | Real property, tangible or intangible personal property, a document, including money, that represents or embodies anything of value.
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| show | Real Property that is undeveloped for the purpose of human habitation.
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| Arson | show 🗑
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| Arson Classifications | show 🗑
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| show | CMS- Intentional/Knowing. Act- Without consent of the owner Damage or destroy tangible property OR tamper with tangible property causing pecuniary loss or substantial inconvenience. Classify based on the value ladder. Aggregate damages.
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| Graffiti | show 🗑
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| show | Includes attempted theft, during the theft, and flight
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| show | CMS- Intentionally, knowingly or recklessly Act- In the course of committing theft cause BI OR THREATENS or places another in fear of imminent (NOW) bodily injury or death. F2
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| Theft | show 🗑
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| Aggravated Robbery | show 🗑
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| show | CMS- Intentional/knowing. Act- Harm or threaten to harm Protected person By an unlawful act, Retaliation– in retaliation for service or status as a protected person OR Obstruction– to prevent or delay service as a protected person.
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| show | CMS- Intent to deceive. Act- With knowledge of a statement’s meaning you Make a false statement under oath Or swear to the truth of a statement previously made. The statement is required to be made under oath. Mis. A
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| show | Start with MA perjury add during an Official proceeding the statement is material to the proceeding – Material means that it could have affected the outcome. F3
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| show | CMS- Intent to deceive. Act- Knowingly Make a false statement To a peace officer or employee During a criminal investigation. The Statement is material to the investigation. Mis. B
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| Tampering with or Fabricating Evidence F3 | show 🗑
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| show | CMS- Intent to induce another to submit to pretended authority. Act- Impersonate a public servant F3
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| show | No Charge NC
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| Terry Stop Subject Refuses to ID | show 🗑
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| show | Charge Fail to ID MB Class A if fugitive from justice AR
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| show | No charge unless a witness
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| show | Charge Resisting Arrest MA F3 if Deadly Weapon Used NC
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| show | No Charge NC
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| show | Charge Failure to ID MB Class A if fugitive from justice TS
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| show | Charge Resisting Arrest MA F3 if Deadly Weapon Used TS
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| Terry Stop Subject Runs Away | show 🗑
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| show | Charge Failure to ID MB Class A if fugitive from justice AR
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| Arrest Perp Obstructs by Force | show 🗑
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| show | Charge Evading Arrest MA, F3 in a vehicle, or SBI, F2 if death, SJ if 1 Prior AR
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| show | CMS- Intent to hinder the arrest, prosecution, conviction or punishment of another for an offense. Act- Harbor or conceal; help them escape; or warn them of impending discovery MA unless the person they help is charged with a felony, F3
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| Escape | show 🗑
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| Permitting or facilitating escape | show 🗑
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| Bail jumping | show 🗑
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| Hindering Proceedings by disorderly conduct | show 🗑
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| show | CMS- Intentional/knowing. Act- Intent to harm the officer or a third person, Use force, To take or attempt to take From a peace officer et.al., Firearm, nightstick or pepper spray, stun gun. SJ unless he gets the weapon; F3 if he gets it!
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| Interference with Public Duties | show 🗑
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| show | CMS- Intentional/knowing. Act- Intent to benefit himself OR harm or defraud another Violate a law relating to his office OR misuse government property. This uses the same value ladder as theft.
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| Official Oppression | show 🗑
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| show | CMS- Intentionally. Act- Employee of correctional facility or peace officer Deny a person in custody, rights, privileges, immunity Knowing his conduct is unlawful (MA) OR Consensual sex with a person in custody (SJ)
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| Disorderly Conduct | show 🗑
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| show | CMS- Knowingly participate in a gathering of 7 or more. Act- Create an immediate danger of damage to property or injury to persons OR substantially obstructs law enforcement OR by force, threat or physical action deprives any person of a legal right.
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| show | General rule Mis. B. unless anyone participating commits a foreseeable offense in furtherance of the assembly; in this case the offense is the same classification as the additional offense. Example F2 Riot by Arson.
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| Obstructing a highway or passageway | show 🗑
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| show | An official order to move is a prerequisite to violations under chapter 42.
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| Disrupting a meeting or procession | show 🗑
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| show | CMS- Knowingly. Act- Knwing it is false communicate a false report of bombing, fire, offense or other emergency, could case an emergency response OR place a person in fear of imminent SBI or interrupt a building. Mis. A, unless it's a school then SJ.
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| show | CMS- Intent to harass, alarm, annoy, abuse, torment, embarrass. Act- Obscene calls; Threatens a felony or bodily injury (not imminent); False report that another is dead; Repeated ringing; Failure to hang up. Mis. B, priors Mis. A
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| show | CMS- Knowing. Act- On more than one DOCUMENTED occasion, same scheme or course of conduct THREATENS, causes FEAR, AND Reasonableness of the Fear. F3 unless 2 or more priors then F2.
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| Prostitution | show 🗑
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| show | Receiving money from prostitution OR recruiting people to work as prostitutes. MA or SJ with previous convictions
F2 if the offense involved victims under age 18
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| show | Managing or investing in two or more prostitutes; this is someone who is running a prostitution business. F3, but F1 if the business included children under age 18
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| show | CMS- Knowingly. Act- Cause another by force threat or fraud To commit prostitution OR Causes a child under 18 to commit prostitution by any means. F2 but F1 if the offense involved a child under age 18.
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| show | CMS- Intentional/knowing. Act- Display or distribute obscene photograph or drawing or similar visual & Reckless about whether another is present who would be offended. Mis. C
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| show | CMS- Knowing. Act- Authorize or induce a child To engage in a sexual performance that includes sexual conduct. F3 unless under 14 then F2.
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| show | Authorize, employ or induce a child under age 18 To work in a sexually oriented commercial activity Or authorizes, induces or employs a child to work anywhere topless F2, F1 is a child is under age 14.
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| show | 0CMS- Knowingly or intentionally. Act- Possess OR access with intent to view Visual material That visually depicts a child under age 18 who is engaging in sexual conduct.
F3 but F2 if prior convictions. F1 if two or more prior convictions.
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| show | An instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument. Includes but is not limited to: (A) blackjack; (B) nightstick; (C) mace; (D) tomahawk.
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| Explosive weapon | show 🗑
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| Firearm | show 🗑
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| Firearm silencer | show 🗑
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| Handgun | show 🗑
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| Illegal knife | show 🗑
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| Knife | show 🗑
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| Knuckles | show 🗑
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| Machine gun | show 🗑
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| Short-barrel firearm | show 🗑
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| show | Any knife that has a blade that folds, closes or retracts into the handle or sheath, and: Opens automatically by pressure applied to a button; OR Opens or releases a blade from the handle by the force of gravity or by the application of centrifugal force.
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| Armor-piercing ammunition | show 🗑
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| show | A device that: Reasonably appears to be an explosive or incendiary device; OR By its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies.
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| show | A device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.
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| show | A device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
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| show | CMS- Intentionally, knowingly or recklessly. Act- Carries Handgun, illegal knife or club And not on his own premises or inside or en route to a motor vehicle or watercraft under his own control. Mis. A. F3 if in a tavern.
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| show | CMS- Intentionally, knowingly or recklessly. Act- Possess Firearm, illegal knife or club, At any of these places: Public or private school; Polling places; Courthouse; Racetrack; Airport; TDC on the day of an execution.
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| Unlawful possession of firearm | show 🗑
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| Prohibited weapons | show 🗑
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| show | CMS- Criminal negligence. Act- Failed to secure gun, within reach of child (<17). MC unless the child discharges the firearm and causes death or SBI, in which case it’s a MA.
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| Possession of alcoholic beverage in motor vehicle | show 🗑
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| Driving while intoxicated | show 🗑
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| DWI with a child passenger | show 🗑
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| Intoxication assault | show 🗑
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| Combination | show 🗑
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| show | 3 or more persons with Common identifying sign or symbol AND/OR Identifiable leadership who regularly commits crimes.
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| show | Virtually all major felonies and some misdemeanors are included here e.g. murder, capital murder, robbery, arson and misdemeanors such as gambling, prostitution, burglary motor vehicle, assault, drug offenses.
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| show | CMS- Intent to participate in a combination or criminal street gang. Act- Commits one of the listed offenses OR conspires with at least one other person to commit a listed offense. The actor performs an overt act in furtherance of the agreement.
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| show | Anything you physically do that leads toward the crime you are intending – it does not have to be a crime by itself. E.g. answering a telephone, casing a potential place to rob, buy a legal handgun, put gas in the get-away car
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