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BPOC TX Penal Code Fill In The Blanks

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Term: Criminal Definition: Ought to be aware of a substantial and unjustifiable risk of harm. (Failure to the risk)
Term: Definition: Aware but consciously disregards a substantial and unjustifiable risk of harm. conduct is conduct that constitutes a gross deviation from the standard of care that an ordinary person would excercise. (Assumption of the risk).
Term: Definition: Aware of the of his conduct.
Term: Definition: objective or desire of the accused to engage in the conduct.
Term: Element of the Definition: 1. The forbidden conduct. 2. The culpability. 3. Any required result. 4. The negation of any exception to the offense.
Term: Definition: Punishable by fine, or confinement, or
Term: Definition: by death (Capital Offense), or confinement in a penitentiary.
Term: Tampering with a witness (or witness) Definition: Any person who possesses a threat to you because of what he knows. > CMS - Intent to influence a witness. > Act - Offers, confers, or agrees to confer (coercion is covered here), any benefit, on a , in an official proceeding, to alter testimony.
Term: Tampering with a witness Definition: Felony 3 or most highest offense in criminal case.
Term: Official Definition: Any proceeding that is in front of a public servant.
Term: Improper Influence (About the )Definition: Prohibits private communication with a public servant. Intent to influence the of a proceeding in court. Misdemeanor A.
Term: of a public servant or voterDefinition: Coercion means threat. CMS- , 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.
Term: ExceptionDefinition: "It is an exception to the application of..." You must negate the exception as an of the offense only when this exact language appears in the code.
Term: Law of Definition: Intent to promote or assist in the commission of an . Solicit, encourage, directs, aids, or attempts to aid another in committing an offense.
Term: Affirmative Definition: Each element of the defense must be proven. Burden of proof falls on defendant. Must be proven by a of the evidence.
Term: Criminal Definition: Two or more offenses. AND Offenses are pursuant to the same transaction. OR Two or more that are connected to a common scheme.
Term: Sentencing in a Episode Definition: Sentence can run concurrently as a rule. Stacking allowed: Intoxication Intoxication Manslaughter Sex Crimes against Children During Severance (separate trials - Asked for by defendant)
Term: CausationDefinition: A person is criminally if the result would not have occurred BUT FOR his conduct.
Term: IntentDefinition: It doesn't matter that the offense committed or the victim was not the intended offense or victim.
Term: Writ of Corpus Definition: "You have the body" Writ to make the prove to a judge why you are in custody.
Term: InjuryDefinition: Physical pain, Illness, Or any impairment of physical
Term: Serious InjuryDefinition: Substantial risk of death or causes death or serious permanent disfigurement or loss or impairment of the function of any bodily member or organ.
Term: Deadly Definition: Firearm, Or anything manifestly designed for the of inflicting death or SBI, Or anything used in a way that is capable of causing death or SBI.
Term: OwnerDefinition: Holder, Or person with greater right to possession
Term: DeathDefinition: Includes, for an individual who is an child, the failure to be born alive.
Term: Definition: CMS- Intentional or Knowing. Act- Offer, confer, or agree to conferor solicit, accept or agree to accept: Any benefit as concideration for the decision, vote or other excercise of discretion as a party official, public servant, or voter
Term: As consideration for Definition: to a contract. This is what makes a bribe different than a gift.
Term: BenefitDefinition: Anything reasonably regarded as gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
Term: Fraudulent use or possession of identifying Definition: CMS- Intent to harm or defraud. Act- Obtain, possess, transfer or use any item of information", without the consent of the owner. Classify penalty based on number of identifying items the actor has.
Term: Definition: CMS- Intent to harm or defraud another. Act- Forges a writing. Misdemeanor A as a general rule, State Jail if or deed, Felony 3 if money or stocks, Raise one level if victim is elderly.
Term: Credit Card or Debit Card Definition: 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 elderly vic.then it is Felony 3.
Term: WritingDefinition: Printing Money, coins, tokens, stamps, of value, right, priviledge, or identification
Term: ForgeDefinition: Alter a writing Transfer a forged writing possess a forged intent to pass it
Term: Unauthorized acquisition or of certain financial informationDefinition: CMS- Knowing you are not entitled to have it. Act- obtain or possess it or transfer it to a 3rd party. MA or
Term: with Identification NumbersDefinition: CMS- 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.
Term: use of Motor VehicleDefinition: CMS- Intetionally or Knowingly (No to deprive that is what makes it different from theft). Act- operate a motor vehicle without consent of the owner. State Jail Felony
Term: of Service Definition: CMS- Intent to avoid payment for service. Act- Obtain service. Use standard ladder for classification.
Term: Definition: CMS- Intent to deprive the of property. Act- Unlawfully appropriates property.
Term: Trespass by license holder with or open carry licenseDefinition: Carrying a handgun with a , without effective consent, notice that your gun is not welcome, you carry or open carry.
Term: AttemptDefinition: CMS- to commit a specific offense. Act- one act beyond mere preparation which tends to effect the commission of the intended offense. Classify one level below the intended offense.
Term: Criminal ClassificationsDefinition: General Rule is class B misdemeanor. Several special situations that change the .
Term: Criminal Definition: CMS- , 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.
Term: Notice for Criminal Definition: Oral or written request to leave. Fencing "No sign Purple paint
Term: of Motor Vehicle ClassificationsDefinition: Generally a class A Misdemeanor. State Jail if the defendant has 2 or more BMV convictions OR if the vehicle is a rail car.
Term: Burglary of VehicleDefinition: CMS- Intent to commit a felony or theft. Act- or enter the vehicle or any part of the vehicle.
Term: Burglary of a coin machineDefinition: CMS- Intent to obtain property or services. Act- Break or enter into a coin operated , without the consent of the owner. Class A misdemeanor.
Term: Burglary ClassificationsDefinition: Bulding- State Jail Habitation- Felony 2 Habitation with intent to a felony other than theft- Felony 1
Term: BurglaryDefinition: CMS- Intent to commit a felony theft or assault. Act- Entering the plane with your body, any part of your body or any attached to your body. OR: Remaining concealed in a building or habitation with the same CMS.
Term: Definition: Induced to commit the crime by law enforcement. Conduct merely affording you the opportunity to a crime is NOT entrapment.
Term: Definition: Affirmative Defense. - Defendant compelled to engage in the prohibited conduct. Felony- threat or imminent death or SBI. Misdemeanor- Force or threat of force.
Term: Definition: Voluntary intoxication is NEVER a to a crime.
Term: of LawDefinition: of the law is NOT a defense
Term: Mistake of Definition: Not an affirmative defense. Reasonable belief that CMS.
Term: Insanity Definition: Affirmative Defense. Elements- At the time of the offense actor had a severe mental disease or . As a result of that disease, the actor DID NOT KNOW his conduct was wrong.
Term: ActDefinition: bobily movement whether or involuntary and includes speech
Term: ActorDefinition: A whose criminal responsibilty is in issue in a criminal action. Suspect.
Term: Definition: Authority, board, bureau, commission, committee, counsil, department, , division, office.
Term: Definition: A other than the actor
Term: AssociationDefinition: a government or governmental subdivision or agency, , partnership, or two or more persons having a joint or common economic interest.
Term: CoercionDefinition: Threat, to commit an offense, to inflict bodily injury to another, to accuse a person of any offense, to take or action as a public servant or to cause a public servant to take or withhold action.
Term: ConductDefinition: an act or ommission and its accompanying mental .
Term: consentDefinition: Assent in
Term: Effective Definition: Consent by a legally authorized to act for the owner
Term: Official Definition: any type of administrative, , legislative, or judicial proceeding that may be conducted before a public servant.
Term: JurisdictionDefinition: Authority or power over someone or
Term: Proof beyond a reasonable Definition: Prosecutor's burden to get a conviction at
Term: Proof beyond a preponderance of the Definition: 's burden on affirmative defenses.
Term: Probable Definition: Peace 's burden in order to make an arrest.
Term: Definition: CMS- Intentionally or 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.
Term: CauseDefinition: Cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to the mind incapable of cool reflection
Term: Capital Definition: CMS- Intentionally or knowingly. Act- cause a . AND Victim is a peace officer/Fireman & in lawful discharge of official duty, Murder for $$$, Victim under 10, multiple victims, murder in the course of kidnapping, burg, robbery, agg sex assault; ect.
Term: ManslaughterDefinition: CMS- . Act- Cause a death. Felony 2
Term: Criminally HomicideDefinition: CMS- Criminal Negligence. Act- a death. State Jail Felony
Term: Criminal Definition: CMS- Intent to commit a Felony 1 or Capital Murder. Act- Requests, commands, or attempts to induce another to the felony intended. Classify- F1 if capital felony was intended, F2 if F1 was intended.
Term: Definition: Affirmative defense. Elements- Voluntarily and completely, The Actor abandoned Criminal Conduct, OR the actor took affirmative action to the offense.
Term: InstrumentsDefinition: CMS- Intent to use. Act- 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.
Term: Unlawful installation of a tracking Definition: CMS- Knowingly. Act- Installs tracking on a motor vehicle owned by someone else.
Term: KidnappingDefinition: CMS- Intentional or knowing. Act- Abducts another person. F3. Affirmative defense- No deadly force or threat, Relative with intent to lawfully assume control of the victim.
Term: AbductDefinition: Restrain a person with intent to prevent his liberation by; Secreting or holding him in a place where he is not likely to be found; OR Using or threatening to use deadly .
Term: RestrainDefinition: restrict a '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.
Term: Definition: a parent or stepparent, ancestor, , or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
Term: Unlawful Definition: CMS- Intentional or knowing. Act- Restrains another . 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.
Term: Aggravated Definition: CMS- Intentional or Knowing. Act- Abducts another with intent to hold him for ransom; use him as a shield or ; commit a felony or flight; inflict BI or sex abuse; terrorize him; interfere with government; or use or display of deadly weapon. F1
Term: of PersonsDefinition: 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 in violation of law by concealing, harboring or shielding from detection F3
Term: Continuous Definition: During the period of ten or more days a person engages in two or more smugglings. F2 there is liklihood for SBI or death than it is a F1
Term: Trafficking of Definition: CMS- Knowingly. Act- Traffic another person with intent that the trafficked person engage in forced or services. F2 general rule. Child victim (even if actor did not know the childs age) F1.
Term: Criminal of a MinorDefinition: CMS- Intent to commit a 3G offense (virtually all ). 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.
Term: Online of a MinorDefinition: CMS- Intent to commit a 62.001 Offense (sex crime and trafficking) Act- intentionally contact a minor (under 17) through the internet, , text and communicates or distributes sexually explicit material. OR knowingly solicits a minor to engage in sex
Term: Sexual IntercourseDefinition: Any contact between any part of the genitals of one person and the mouth or anus of another person; OR the of the genitals or the anus of another person with an object.
Term: Sexual Definition: Any touching of the anus, breast, or any part of the of another person with intent to arouse or gratify the sexual desire of any person.
Term: PlaceDefinition: Any place to which the public or a substantial group of the public has .
Term: LewdnessDefinition: CMS- Knowingly Act- in a Public place has Sex OR Sexual contact OR sex with a bird! OR Not in a place has sex OR Sexual contact OR Sex with a bird! Knowingly reckless about whether another is present who would be offended or alarmed. Mis. A
Term: Indecent Definition: CMS- Intent to arouse or gratify sexual desire. Act- Exposes anus or and is reckless about whether another is present who would be offended. Mis. B Unless child (under 17, must know vic. is minor) than it is Indecency with a Child by Exposure F3.
Term: Indecency with a Definition: 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. . Defense- Actor not more than 3 years older than vic. No duress AND Actor not a sex offender
Term: Continuous abuse of young childrenDefinition: 30 or more days, Two or more acts of sexual abuse with Victim than 14. F1.
Term: Invasive Recording Definition: CMS- Intent to invade privacy. Act- Without the other person’s consent Photographs areas. The victim has a reasonable expectation of privacy. This offense also criminalizes photographing in bathrooms, changing rooms. State Jail Felony.
Term: disclosure of promotion of intimate visual material (revenge porn) Definition: CMS- Intentionally. Act. Without effective consent Discloses visual depicting intimate parts. Mis. A
Term: VoyeurismDefinition: CMS- intent to arouse or gratify sexual desire. Act- observes another person without the 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.
Term: Assault Mis. Definition: CMS- Intentional, knowing, or reckless. Act- Causes BI OR Offensive or provocative physical with elderly (65+) or disabled.
Term: ClassificationsDefinition: When MA assault is an act of family violence, assault is enhanced to F3 after only one prior family violence conviction (includes deferred adjudication) (excludes prior MC conviction). F3 if vic is a servant & BI. MB if vic is sports participant.
Term: Assault Mis. Definition: CMS- Intentional, knowing, or reckless. Act- Offensive or physical contact OR Threatens BI.
Term: AssaultDefinition: Enhance any assault (MA or MC) to a felony aggravated assault when Victim receives SBI. OR The 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.
Term: Assault Definition: CMS- intentional/knowing. Act- causes the 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
Term: Aggravated Assault (F1)Definition: Sex assault + SBI or attempt death OR put vic. in fear that , SBI or kidnap will occur to anyone OR threaten death, SBI or kidnap of anyone OR Use or show deadly weapon OR Gang rape OR Vic < than 14, 65+ or disabled OR rohypnol, GHB or ketamine used.
Term: a child Definition: CMS- Intentionally Act- Leaves the child (< 15) w/out reasonable & necessary care, No -situated adult would leave the kid. Negate the exception “this defendant did not voluntarily deliver the child to a designated emergency infant care provider”
Term: a child ClassificationsDefinition: SJ if intended to return; F3 if didn't; F2 if child was in IMMINENT danger of physical mental impairment, or BI.
Term: Endangering a Definition: CMS- Intentional, knowing, reckless OR criminal negligence Act- By Act or omission child in Imminent danger of death, bodily injury, or physical or mental impairment. State Jail Felony.
Term: Deadly Conduct Mis. Definition: CMS- Reckless. Act- Place another in imminent danger of SBI. Recklessness and danger are when a firearm is pointed in the direction of a person.
Term: Deadly Conduct Definition: 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 ; & it is also irrelevant that the building, vehicle or habitation was empty.
Term: Solicitation Definition: 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, 2 if offense solicited was a felony 1.
Term: Terroristic Definition: 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 violent offense
Term: Harassment by persons in certain correctional facilities OR of a public servantDefinition: CMS- Intent to assault, harass or 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
Term: Definition: If you are married you cannot marry again until your is final. F2
Term: with Child CustodyDefinition: 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 . If pending custody order you cannot take the child outside of jurisdiction of the court. State Jail
Term: Harboring a Child Definition: 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 . MA
Term: Violation of certain court orders [protective ]Definition: CMS- Intentional/ Knowing. Act- Violate the order; MA as a general rule BUT if the is any act of stalking or assault F3; F3 violation of protective order if the defendant has two or more prior convictions for VPO
Term: Definition: Structure or vehicle adapted for overnight accomodation of .
Term: Definition: Any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, , ornament, or use.
Term: PropertyDefinition: Real property, tangible or intangible personal property, a document, including money, that or embodies anything of value.
Term: Open-Space Definition: Real that is undeveloped for the purpose of human habitation.
Term: Definition: CMS- Knowing. Act- Start a fire with intent to 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
Term: Arson Definition: Generally F2, F1 if BI is suffered or it is a church. State Jail Felony when reckless you start a fire or explosion due to cooking drugs OR F3 if it causes BI or death. SJF if Arson destroy's of another or causes BI or death.
Term: MischiefDefinition: CMS- /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.
Term: GraffitiDefinition: CMS- Intentional/knowing. Act- Without consent of the owner Makes markings on property With: , Indelible marker, Etching or engraving device. Same value ladder as criminal mischief to classify penalty.
Term: “In the course of theft” Definition: attempted theft, during the theft, and flight
Term: RobberyDefinition: CMS- Intentionally, knowingly or recklessly Act- In the course of committing theft cause BI OR or places another in fear of imminent (NOW) bodily injury or death. F2
Term: Theft Definition: CMS- . Act- Obtain or maintain control of property.
Term: RobberyDefinition: plus: Causes Serious Bodily Injury OR Use or display of a deadly weapon OR Causes fear in a victim who is elderly (65+) or disabled
Term: Obstruction or (F3, F2 if a juror)Definition: CMS- Intentional/knowing. Act- Harm or threaten to harm Protected person By an unlawful act, Retaliation– in retaliation for or status as a protected person OR Obstruction– to prevent or delay service as a protected person.
Term: PerjuryDefinition: 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 to be made under oath. Mis. A
Term: Aggravated Definition: Start with MA perjury add an Official proceeding the statement is material to the proceeding – Material means that it could have affected the outcome. F3
Term: False to peace officer, special investigator or law enforcement employeeDefinition: CMS- Intent to deceive. Act- Knowingly Make a false statement To a peace officer or employee During a investigation. The Statement is material to the investigation. Mis. B
Term: Tampering with or Evidence F3Definition: CMS- Intent impair its verity legibility or availability as . Act- Know an invest. or offense has occurred Alter destroy or conceal a record doc. or thing OR Make use or present record doc. or thing Knowing its false OR Fail 2 report a corpse
Term: Impersonating a servantDefinition: CMS- Intent to another to submit to pretended authority. Act- Impersonate a public servant F3
Term: Contact Subject Refuses to IDDefinition: No Charge
Term: Terry Stop Subject to IDDefinition: No Charge
Term: Perp Refuses to IDDefinition: Charge Fail to ID MB A if fugitive from justice AR
Term: Neutral Contact Subject Gives ID Definition: No charge unless a
Term: Neutral Contact Subject by forceDefinition: Charge Resisting Arrest MA F3 if Weapon Used NC
Term: Neutral Contact Runs AwayDefinition: No Charge
Term: Terry Stop Subject Gives IDDefinition: Charge Failure to ID MB A if fugitive from justice TS
Term: Terry Stop Obstructs by ForceDefinition: Charge Resisting MA F3 if Deadly Weapon Used TS
Term: Terry Stop Runs AwayDefinition: Charge Arrest MA, F3 in a vehicle, or SBI, F2 if death, SJ if 1 Prior TS
Term: Arrest Perp False IDDefinition: Charge Failure to ID MB A if fugitive from justice AR
Term: Arrest Perp Obstructs by Definition: Charge Arrest MA F3 if Deadly Weapon Used AR
Term: Arrest Perp Runs Definition: Charge Evading Arrest MA, F3 in a , or SBI, F2 if death, SJ if 1 Prior AR
Term: ApprehensionDefinition: CMS- Intent to hinder the , 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
Term: Definition: CMS- Intentional/knowing/reckless. Act- Escape from custody Under arrest for, lawfully detained charged with or convicted of an offense. MA .
Term: Permitting or facilitating Definition: CMS- Knowingly. Act- Employee of correctional facility or facilitates escape. F3 unless the item is a deadly weapon F2.
Term: Bail Definition: Lawfully released from , but he fails to return as directed. MA if original offense was a MA or MB, MC if offense was an MC, F3 if offense was a felony.
Term: Hindering Proceedings by disorderly Definition: CMS- Intentional. Act- an official proceeding (anything conducted by a public servant) By noise, violence or tumultuous behavior. OR CMS- Reckless. Act- Hinder an official proceeding After a request to stop. Mis. A
Term: Taking or attempting to take a weapon from a officerDefinition: CMS- Intentional/knowing. Act- Intent to harm the 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!
Term: with Public Duties Definition: CMS- Criminal Negligence. Act- with peace officer, EMS, Firefighter, drug dog. Mis. B
Term: Abuse of Official Definition: CMS- Intentional/knowing. Act- Intent to benefit himself OR harm or defraud another Violate a law relating to his OR misuse government property. This uses the same value ladder as theft.
Term: Official Definition: 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.
Term: Violation of the rights of a person in custody; improper sexual with a person in custodyDefinition: 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 sex with a person in custody (SJ)
Term: Disorderly Definition: CMS- Intentionally/knowingly. Act- uses abusive, , 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.
Term: Definition: 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 , threat or physical action deprives any person of a legal right.
Term: Riot Definition: General rule Mis. B. unless anyone participating commits a foreseeable offense in furtherance of the assembly; in this case the is the same classification as the additional offense. Example F2 Riot by Arson.
Term: a highway or passagewayDefinition: CMS- knowing or reckless. Act- Obstruct a public passageway (very broad concept) OR disobeys a request to move to prevent obstruction. Mis. B.
Term: Prohibited Conduct that could involve of SpeechDefinition: An official order to move is a prerequisite to violations chapter 42.
Term: Disrupting a meeting or Definition: CMS- Intent to prevent or disrupt a meeting. Act- Obstructs or interferes by action or verbal utterance. Mis. B
Term: False Alarm or Definition: CMS- Knowingly. Act- Knwing it is 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.
Term: HarassmentDefinition: CMS- 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
Term: Definition: 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 then F2.
Term: ProstitutionDefinition: CMS- Knowingly. Act- Offer to engage in conduct OR solicit For hire. Mis. B, MA if 1 or two priors, SJ 3 or more priors, F2 if the person solicited is under age 18 OR represented to be so.
Term: Promotion of Definition: Receiving money from prostitution OR recruiting to work as prostitutes. MA or SJ with previous convictions F2 if the offense involved victims under age 18
Term: promotion of prostitutionDefinition: Managing or investing in two or more prostitutes; this is someone who is running a prostitution business. F3, but F1 if the included children under age 18
Term: Compelling Definition: CMS- Knowingly. Act- Cause another by force threat or 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.
Term: display or distributionDefinition: CMS- Intentional/knowing. Act- Display or distribute obscene photograph or drawing or similar visual & Reckless about whether another is who would be offended. Mis. C
Term: performance by a child (under age 18)Definition: CMS- Knowing. Act- Authorize or induce a child To engage in a sexual performance that includes sexual conduct. F3 under 14 then F2.
Term: Employment harmful to Definition: Authorize, employ or induce a child under age 18 To work in a sexually oriented commercial activity Or authorizes, or employs a child to work anywhere topless F2, F1 is a child is under age 14.
Term: Possession or promotion of child Definition: 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 conduct. F3 but F2 if prior convictions. F1 if two or more prior convictions.
Term: Definition: An instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily or death by striking a person with the instrument. Includes but is not limited to: (A) blackjack; (B) nightstick; (C) mace; (D) tomahawk.
Term: weaponDefinition: Any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting SBI, death or substantial property damage or for the purpose of causing such a loud as to cause undue public alarm.
Term: Definition: Any device designed, made, or adapted to expel a projectile through a barrel by using the energy by an explosion or burning substance or any device readily convertible to that use.
Term: silencerDefinition: Any device designed, made, or adapted to muffle the report of a .
Term: HandgunDefinition: Any firearm that is designed, made, or adapted to be with one hand.
Term: Illegal Definition: Knife with a blade over 5.5"; Hand instrument designed to cut or stab by being thrown; Dagger, including but not limited to a dirk, stilletto, and poniard; Bowie knife; Sword; or Spear.
Term: KnifeDefinition: Any bladed hand instrument that is of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.
Term: KnucklesDefinition: Any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a with a fist enclosed in the knuckles.
Term: gunDefinition: Any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a function of the trigger.
Term: Short-barrel Definition: 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 .
Term: knifeDefinition: Any knife that has a blade that folds, closes or retracts into the handle or sheath, and: 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.
Term: -piercing ammunitionDefinition: Handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used in pistols and revolvers.
Term: Hoax Definition: 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 .
Term: Chemical dispensing Definition: 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 on a human being.
Term: Zip Definition: 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 or burning substance.
Term: Unlawful weaponsDefinition: 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 vehicle or watercraft under his own control. Mis. A. F3 if in a tavern.
Term: Places weapons Definition: CMS- Intentionally, knowingly or recklessly. Act- Possess Firearm, illegal knife or club, At any of these places: Public or private school; Polling places; Courthouse; ; Airport; TDC on the day of an execution.
Term: Unlawful of firearm Definition: Actor has a conviction for a felony Possesses a firearm Before the anniversary of his release from confinement/parole/or probation (whichever is later) Or any time outside the home. F3
Term: weaponsDefinition: 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 silencer if not properly registered with ATF
Term: a firearm accessible to a childDefinition: 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 case it’s a MA.
Term: Possession of alcoholic in motor vehicleDefinition: CMS- Knowingly. Act- Possess open container Passenger area of 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
Term: while intoxicatedDefinition: CMS- None (Intoxicated). Act- Operating motor vehicle in a Public place. MB no , MA if twice the limit or one prior, F3 if 2 or more priors.
Term: DWI with a passengerDefinition: DWI with Child passenger under the age of 15. State Jail .
Term: assaultDefinition: Operating motor vehicle, boat, plane, ride By reason of intoxication suffers SBI By accident or mistake. F3 If death than it becomes Intoxication Manslaughter F2.
Term: Definition: 3 or more persons who get together to crimes
Term: Street Gang Definition: 3 or more with Common identifying sign or symbol AND/OR Identifiable leadership who regularly commits crimes.
Term: crimeDefinition: Virtually all major felonies and some are included here e.g. murder, capital murder, robbery, arson and misdemeanors such as gambling, prostitution, burglary motor vehicle, assault, drug offenses.
Term: Engaging in organized Definition: CMS- Intent to participate in a combination or criminal street gang. Act- Commits one of the listed offenses OR conspires with at one other person to commit a listed offense. The actor performs an overt act in furtherance of the agreement.
Term: actDefinition: 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 handgun, put gas in the get-away car
 
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