Texas Penal Code
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| Criminal Negligence | show 🗑
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| show | Aware but consciously disregards a substantial and unjustifiable risk of harm. Reckless conduct is conduct that constitutes a gross deviation from the standard of care that an ordinary person would excercise. (Assumption of the risk).
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| show | Aware of the nature of his conduct.
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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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| Misdemeanor | show 🗑
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| show | Punishable by death (Capital Offense), or confinement in a penitentiary.
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| Tampering with a witness (or prospective witness) | show 🗑
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| show | Felony 3 or most highest offense charged in criminal case.
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| show | Any proceeding that is conducted in front of a public servant.
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| show | Prohibits private communication with a public servant. Intent to influence the outcome of a proceeding in court. Misdemeanor A.
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| Coercion of a public servant or voter | show 🗑
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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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| show | Intent to promote or assist in the commission of an offense.
Solicit, encourage, directs, aids, or attempts to aid another in committing an offense.
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| Affirmative Defense | show 🗑
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| Criminal Episode | show 🗑
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| show | Sentence can run concurrently as a rule.
Stacking allowed:
Intoxication Assault
Intoxication Manslaughter
Sex Crimes against Children
During Severance (separate trials - Asked for by defendant)
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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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| Serious Bodily Injury | show 🗑
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| Deadly Weapon | show 🗑
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| Owner | show 🗑
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| show | Includes, for an individual who is an unborn child, the failure to be born alive.
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| Bribery | show 🗑
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| As consideration for means | show 🗑
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| show | Anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
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| Fraudulent use or possession of identifying information | show 🗑
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| Forgery | show 🗑
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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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| Forge | show 🗑
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| Unauthorized acquisition or transfer of certain financial information | show 🗑
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| show | CMS- Intentional or Knowing. Act- Remove, alter, or obliterate the serial number of tangible personal property OR possess or sell property where the numbers have been removed. Class A Misdemeanor.
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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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| show | CMS- Intent to avoid payment for service. Act- Obtain service. Use standard value ladder for classification.
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| show | CMS- Intent to deprive the owner of property. Act- Unlawfully appropriates property.
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| show | Carrying a handgun with a license, without effective consent, notice that your gun is not welcome, you carry or open carry.
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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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| show | CMS- Intentional, knowing, or reckless (assumed because not listed, comes from ch.6). Act- Enter or remain on property without effective consent of the owner, with notice that you are not welcome. Requires entry of the entire body.
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| Notice for Criminal Trespass | show 🗑
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| Burglary of Motor Vehicle Classifications | show 🗑
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| Burglary of Motor Vehicle | show 🗑
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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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| Burglary Crime Classifications | show 🗑
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| Burglary | show 🗑
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| Entrapment | show 🗑
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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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| Intoxication | show 🗑
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| Mistake of Law | show 🗑
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| Mistake of Fact | show 🗑
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| Insanity | show 🗑
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| show | bobily movement whether voluntary or involuntary and includes speech
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| show | A person whose criminal responsibilty is in issue in a criminal action. Suspect.
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| show | Authority, board, bureau, commission, committee, counsil, department, district, division, office.
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| Another | show 🗑
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| Association | show 🗑
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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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| show | any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
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| Jurisdiction | show 🗑
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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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| show | Peace officer's burden in order to make an arrest.
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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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| Criminal Solicitation | show 🗑
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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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| Criminal Instruments | show 🗑
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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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| show | restrict 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 or by confining the person.
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| Relative | show 🗑
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| Unlawful Restraint | show 🗑
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| Aggravated Kidnapping | show 🗑
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| show | CMS- Intent 2 obtain pecuniary benefit Act- use a mv 2 trans. someone with intent to conceal from an officer, ICE, or 2 flee OR Encourage a person 2 enter or remain in the country in violation of law by concealing, harboring or shielding from detection F3
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| Continuous Smuggling | show 🗑
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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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| show | CMS- Intent to commit a 3G offense (virtually all felonies). Act- Requests, commands, attempts to induce minor (under 17) to engage in specific conduct that would constitute a 3G or make the minor a party to a 3G.
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| Online Solicitation of a Minor | show 🗑
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| Deviate Sexual Intercourse | show 🗑
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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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| show | CMS- Intent to arouse or gratify sex.desire. Act- Engages in sexual contact with a child (under 17) the actor does not need to know a child is present. F2. Affirm. Defense- Actor not more than 3 years older than vic. No duress AND Actor not a sex offender
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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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| Voyeurism | show 🗑
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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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| show | Enhance any assault (MA or MC) to a felony aggravated assault when Victim receives SBI. OR The accused used or exhibited a deadly weapon. F2 as a rule. F1 if actor is a public servant, vic is a public servant or security officer, Deadly weapon & SBI & FV.
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| Sexual Assault | show 🗑
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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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| show | CMS- Intentional, knowing, reckless OR criminal negligence Act- By Act or omission place child in Imminent danger of death, bodily injury, or physical or mental impairment. State Jail Felony.
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| show | CMS- Reckless. Act- Place another in imminent danger of SBI. Recklessness and danger are presumed when a firearm is pointed in the direction of a person.
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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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| show | CMS- Intent to commit a capital offense or a Felony 1. Act- Request, commands, or attempts to induce another to commit the felony intended. Classify felony 1 if capital offense was intended, felony 2 if offense solicited was a felony 1.
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| show | CMS- Intent to: Cause emergency response MB, Place a person in fear of IMMINENT SBI MB,when FV MA, Cause an evacuation MA,Impair public transportation or utilities F3, Cause the public to fear SBI F3, Infl. gov. F3. Act- Threat to commit violent offense
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| Harassment by persons in certain correctional facilities OR harassment of a public servant | show 🗑
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| show | If you are married you cannot marry again until your divorce is final. F2
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| Interference with Child Custody | show 🗑
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| show | CMS- Knowingly. Act- Harbor child (<18) who has escaped from custody OR who has voluntarily left home w/out permission for a substantial length of time or without intent to return AND are Criminally negligent about determining whether he is a runaway. MA
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| Violation of certain court orders [protective orders] | show 🗑
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| Habitation | show 🗑
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| Building | show 🗑
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| Property | show 🗑
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| show | Real Property that is undeveloped for the purpose of human habitation.
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| show | CMS- Knowing. Act- Start a fire with intent to destroy or damage: vegetation, fence, or structure on open-space land OR a building, habitation, or vehicle knowing: it is in the city limits, insured, mortgaged, property that isn't yours, etc. F2
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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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| “In the course of committing theft” | show 🗑
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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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| Obstruction or Retaliation (F3, F2 if a juror) | show 🗑
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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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| Aggravated Perjury | show 🗑
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| False report to peace officer, special investigator or law enforcement employee | show 🗑
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| Tampering with or Fabricating Evidence F3 | show 🗑
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| Impersonating a public servant | show 🗑
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| Neutral Contact Subject Refuses to ID | show 🗑
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| show | No Charge TS
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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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| Terry Stop Subject 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 TS
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| Arrest Perp Gives False ID | show 🗑
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| Arrest Perp Obstructs by Force | show 🗑
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| Arrest Perp Runs Away | show 🗑
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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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| Taking or attempting to take a weapon from a peace officer | show 🗑
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| show | CMS- Criminal Negligence. Act- Interfere with peace officer, EMS, Firefighter, drug dog. Mis. B
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| Abuse of Official capacity | show 🗑
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| show | CMS- Knowing that his conduct is unlawful. Act- Public servant, Color of office, subjects another to mistreatment, arrest, detention, search, seizure OR Denies or impedes in the exercise of any right, privilege or power OR Sexual harassment. Mis. A
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| Violation of the rights of a person in custody; improper sexual activity with a person in custody | show 🗑
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| show | CMS- Intentionally/knowingly. Act- uses abusive, indect, profane, or vulgar language; displays an offesive gesture; fights; exposes anus; several other things that are a BREACH OF THE PUBLIC PEACE. Mis. C unless a weapon is used then it is a Mis. B.
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| Riot | show 🗑
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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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| show | CMS- Intentional knowing or reckless. Act- Obstruct a public passageway (very broad concept) OR disobeys a request to move to prevent obstruction. Mis. B.
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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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| Compelling prostitution | show 🗑
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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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| Employment harmful to children | show 🗑
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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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| Club | show 🗑
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| Explosive weapon | show 🗑
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| show | 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 readily convertible to that use.
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| show | Any device designed, made, or adapted to muffle the report of a firearm.
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| Handgun | show 🗑
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| show | Knife with a blade over 5.5"; Hand instrument designed to cut or stab another by being thrown; Dagger, including but not limited to a dirk, stilletto, and poniard; Bowie knife; Sword; or Spear.
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| show | Any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
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| Knuckles | show 🗑
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| Machine gun | show 🗑
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| show | A rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.
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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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| Zip gun | show 🗑
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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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| show | CMS- Intentional/knowing. Act- Possess knuckles, armor-piercing ammunition, chemical dispensing device, zip gun or tire deflation device OR possesses explosive weapon, machine gun, short-barrel firearm, firearm silencer if not properly registered with ATF
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| Making a firearm accessible to a child | show 🗑
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| show | CMS- Knowingly. Act- Possess open container Passenger area of motor vehicle (not in locked glove box, trunk, or behind the last upright seat, if no trunk) on a Public highway Regardless of whether it’s being operated, stopped or parked. MC
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| show | CMS- None (Intoxicated). Act- Operating motor vehicle in a Public place. MB no priors, MA if twice the limit or one prior, F3 if 2 or more priors.
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| show | DWI with Child passenger under the age of 15. State Jail Felony.
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| Intoxication assault | show 🗑
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| show | 3 or more persons who get together to commit crimes
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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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| Organized crime | show 🗑
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| Engaging in organized crime | show 🗑
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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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