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T2 Penal Code Def
T2 Penal Code Definitions
| Question | Answer |
|---|---|
| A bodily movement, whether voluntary or involuntary, and includes speech | Act |
| A person whose criminal responsibility is in issue in a criminal action. | Actor (AKA Suspect) |
| Authority, board, bureau, commission, committee, council, department, district, division, and office | Agency |
| A person other than the actor | Another (means the victim) |
| A govt or govtal subdivision or agency, trust, partnership, or 2 or more persons having a joint or common economic interest | Association |
| Anything reasonably regarded as economic gain or advantage, inclding benefit to any other person in whose welfare the beneficiary is interested | Benefit |
| Physical pain, illness, or any impairment of physical condition | Bodily injury |
| A threat, however communicated to commit an offense, to inflict body injury in future, to accuse of any offense, to expose a prsn to hatred, contempt or ridicule, to harm the credit or business repute of any, to take or withhold action as a public servant | Coercion |
| An act or ommission plus mental state | Conduct |
| Assent in fact, whether express or apparent | Consent |
| Nonprofit coorp, professional assoc created pursuant to statue, and joint stock companies | Corporation |
| A place designated by law for the confinement of a prsn arrested for, charged w, or convicted of criminal offense. Includes municipal or county jail, confine. facility oper. by TDCJ, community corrections facility oper. by community super & corrects dept | Correctional facility |
| A firearm or anything adapted for inflicting death or serious bodily injury, anything in manner of use capable of causing death or serious bodily injury | Deadly weapon |
| Consent by a prsn legally authorized to act for the owner. | Effective Consent |
| ___ ____ is not effective if induced by force, threat, or fraud, given by prsn the actor knows isn't legally authorzd or not old enuf, has mental ds or is intox, or given solely to detect the commiss of an offense. | Effective Consent |
| The forbidden conduct, the required culpability, any required result and the negation of any exception to the offense means: | Element of Offense |
| Under "Element of Offense", "the forbidden conduct" means | Law - what the offense is |
| Under "Element of Offense", "the required culpability" means | Mental state of person - I, K, R, CN |
| Under "Element of Offense", "any required result" means | Result of act - Death, pn |
| Under "Element of Offense", "the negation of any exception to the offense" means | The negation |
| An offense so designated by law or punishable by death or confinement in a penitentiary. | Felony |
| The state, a county, municipality, or political subdivision of the state or any branch or agency of the state, county, municipality or political subdivision. | Government |
| Anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. | Harm |
| A human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. | Individual |
| The constitution or a statute of this state or of the US, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by a lawfully adopted under a statute. | Law |
| An offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. | Misdemeanor |
| Affirmation | Oath |
| Any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant. | Official proceeding |
| Failure to act | Omission |
| A person who has title to the property, possession of the prop, whether lawful or not, or greater right to possess of the prop than the actor, or is a holder in due course of negotiable instrument. | Owner |
| A person elected, employed, or appointed as a PO | Peace Officer |
| A place designated by law for confinement of prsns arrested for, charged with, or convicted of an offense. | Penal Institution |
| An individual, corporation, or association | Person |
| Actual care, custody, control or management | Possession |
| Any place to which the public or a substantial group of the public has access and includes, streets, hwys, and common areas of schools, hospitals, apartment houses, office bldgs, transport facilities, and shops | Public Place |
| A prsn elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties | Public servant |
| Examples of public servants | Officer, Emp, Agent of Govt, Juror, Arbitrator, Referee, Prsn who's author by law or private written agrmnt to determine cause, Attny or Notary when particip in the perform of govtl function, Candidate for nom to public office, Prsn perform govtl function |
| A belief that would be held by an ordinary and prudent man in the same circumstances as the actor | Reasonable Belief |
| Regulation | Rule |
| A municipal or county jail or confinement facility operated by or under a contract with any division of the TDCJ | Secure correctional facility |
| Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. | Serious bodily injury |
| A written or electronic instruction to pay money that is authorized by the prsn giving the instruction and thats payable on demand or at a dfinite time by the prsn being instructed to pay. Includes check, an electronic debit, or an automatic bank draft. | Sight order |
| Affirm | Swear |
| Criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege | Unlawful |
| The failure to be born alive for an individual who is an unborn child | Death |
| Definitions of Culpable Mental State | Intentional, Knowingly, Recklessly, Criminal Negligence |
| A person is aware of the nature of his conduct or the circumstances exist or aware that the conduct is reasonably certain to cause the result. | Knowingly (Definition of a Culpable Mental State) |
| A person that consciously disregards a substantial and unjustifiable risk that the circumstances exist or result will occur | Recklessly (Definition of a Culpable Mental State) |
| A person fails to perceive a substantial and unjustifiable risk. The failure to perceive the risk constitutes a gross deviation from standard in an ordinary person. | Criminal Negligence (Definition of a Culpable Mental State) |
| A person conscious objective or desire to engage in the conduct or cause the result. | Intentional (Definition of a Culpable Mental State) |
| A director, officer, employee, or other person authorized to act in behalf of a corp/assoc. | Agent |
| A partner in a partnership, an officer of a corp/assoc, an agent of a corp/assoc whose duties represent the policy of the corp/assoc | High Managerial Agent |
| Class C Misdemeanor | Fine only (Up to $500), No jail time |
| Class B Misdemeanor | Up to 6 mo in jail, Up to $2,000 |
| Class A Misdemeanor | Up to 1 yr in jail, Up to $4,000 |
| State Jail Felony | 180 days - 2 yrs in jail, Up to $10,000 |
| Third Degree Felony | 2-10 yrs in jail, Up to $10,000 |
| Second Degree Felony | 2-20 yrs in jail, Up to $10,000 |
| First Degree Felony | 5-99 yrs in jail, Up to $10,000 |
| Capital Felony | Life or Death |
| Under Criminal Solicitation of a Minor, a Minor would be: | < 17 yrs old |
| Anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense | Criminal Instrument |
| A device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry to a structure, MV, or property | Mechanical security device |
| A device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object | Electronic or Mechanical Tracking Device |
| Cause that would commonly produce degree of anger, rage, resentment, or terror in a prsn of ordinary temper, sufficient to render the mind incapable of cool reflection | Adequate Cause (Murder) |
| Passion arising directly from and caused by the person killed which arises at the time of the offense | Sudden Passion (Murder) |
| To restrict a person's movements w/o consent so as to substantially interfere with his liberty. Force, Intimidation, Deception. Under 14 yrs old, incompetent. Bt 14-17 taken out of state, 120 mi radius of home. | Restrain |
| To restrain a prsn with intent to prevent liberty by secreting or holding in place where not likely be found. Using or threating to use deadly force. | Abduct |
| Under Trafficking of Person, a Child would be: | < 18 yrs old |
| Labor or other services that constitute sexual conduct obtained through actor's use of force, fraud, or coercion | Forced Labor or Services |
| Transport, entice, recruit, harbor, provide or obtain another person by any means | Traffic |
| Any contact bt any part of the genitals and mouth or anus of another or penetration of genitals or anus with an object | Deviate Sexual Intercourse |
| Any touching of the anus, breast, or any part of the genitals of another with intent to arouse or gratify sexual desire of another | Sexual Contact |
| Penetration of female by male | Sexual Intercourse |
| A prsn to whom a person is legally married to | Spouse |
| To use "age" as a defense under Continuous Sexual Abuse of Young Child or Children, the age gap bt an adult and child must be: | <= 4 yrs |
| Any touching by a prsn of a child (or vice versa) thru clothes, of anus, breast, genitals with intent to arouse/gratify | Sexual Contact (Indecency with a Child) |
| FF, EMS, Health & Safety, ER, provide services for he benefit of public during emergency situations | Emergency Services Personnel |
| A commissioned security officer | Security Officer |
| A person who participates in any official capacity with resepct to interscholastic, intercollegiate, or other organized amateur or professional athletic competition and incld athlete, ref, ump, linesman, coach, instructor, staff | Sports Participant |
| Dr, Chiropractor, Physical therapist, PA, RN, VN, APN | Health Care Services Provider |
| An individ, licensed or unlicensed, personforms mental health services, social worker, chemical dependency counselor, professional counselor, clergy, psychologist | Mental Health Services Provider |
| Under Injury to a Child, Elderly, Individ, or Disabled, a Child is: | < 14 yrs old |
| Under Injury to a Child, Elderly, Individ, or Disabled, Elderly is: | >= 65 yrs old |
| > 14 yrs old who is unable to protect himself from harm or provide food, shelter, medical care | Disabled (Injury to a Child, Elderly, Individ, or Disabled) |
| To leave a child in any place w/o providing reasonable and necessary care for child | Abandon (Abandoning or Endangering) |
| Any product offered for sale to or for consumption by the public and includes "food" and "drugs" | Consumer Product (Tampering with Consumer Product) |
| To alter or add a foreign substance to a consumer product to make it probably that the consumer product will cause SBI | Tamper (Tampering with Consumer Product) |
| Holding out that the parties are married with cohabitation and an intent to be married by either party | Bigamy (Under the Appearance of being Married) |
| Right of a guardian of the prsn to have physical possession of a ward and to establish the ward's legal home | Possessory Right (Interference with Rights of Guardian of the Person) |
| The commission of 2 or more offenses, regardless of whether the harm is directed toward or inflicted upon more than 1 person ot item or prop, the offenses are committed in same transaction to connected to 2 others of the same scheme | Criminal Episode |
| When 2 or more offenses have been consolidated for trial, the defendant has the right to ___ the offenses | Severance |
| (Not Test) All violation of public order and decorum. Disturbing the peace & tranquility enjoyed by the citizens of the community by an act of violence or likely to produce violence or by causing consternation and alarm which disturbs the peace & quiet. | Breach of Peace (not on Test) |
| An instrument that is specially designed, made, or adapted for purpose of inflicting SBI or death by striking person | Club |
| Items that are considered clubs | BLackjack, NIghtstick, Mace/OC spray, Tomahawk |
| Any explosive designed, made, or adapted for purpose of inflicting SBI, death, or substantial property damage, or for principal purpose of causing loud noise as to cause public alarm, adapted for delivery an explosive | Explosive weapon |
| Any device designed, made, adapted to expel projectile through barrel using energy generated by explosion or burning substance | Firearm |
| Any device designed, made, adapted to muffle report of a firearm | Firearm Silencer |
| Any firearm that's designed, made, oradapted to be fired with 1 hand | Handgun |
| A blade over 5 1/2 inches, designed to cut or stab, dagger (dirk, stiletto, poniard) | Illegal Knife |
| Items that are considered Illegal knives | Bowie knife, Sword, Spear |
| Any bladed hand instrument that's capable of inflicting SBI or death by cutting or stabbing | Knife |
| ANy instrument that consists of finger rings or guards made of hard substance and designed, made, adapted for purpose of inflicting SBI or death by striking with a fist | Knuckles |
| Any firearm that's capable of shooting more than 2 shots automatically w/o manually reloading, by a single trigger | Machine gun |
| Rifle with barrel length < 16 inches or Shotgun with barrel length < 18 inches or any weapon made from Rifle or Shotgun altered has an overall length of < 26 inches | Short-barrel firearm |
| Any knife that has blade that folds, closes, or retracts into handle or sheath and opens automatically by pressure applied to a button or other device located on handle or opens/releases blade from handle by gravity or app of centrifugal force | Switchblade knife |
| ____ ____ does not incl a knife that has a spring, detent, or other mechanism designed to create a bias toward closure that requires exertion applied to the blad by hand, wrist, or arm to overcome the bias toward closure and open the knife | Switchblade Knife |
| A device that appears to be an explosive or incendiary device or by design causes alarm by emergency services | Hoax bomb |
| Device 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 | Chemical dispensing device |
| Device or combo of devices that was not orig a firearm and is adapted to expel a projectile through smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance | Zip gun |
| A device when driven over, impedes or stops the movement of a wheeled vehicle | Tire deflation device |
| A bldg. or portion of bdlg | Premises |
| Disturbance of mental or physical capacity resulting from introduction of any substance into the body | Intoxication (def used in Intox defense) |
| Withold property from owner permanently or for so extended a period of time that major portion of value or enjoyment of property is lost. Restore prop only upon payment of reward. Dispose of prop that makes recovery unlikely | Deprive |
| Consent by prsn legally authorized to act for owner | Effective Consent |
| Effective consent is not effective if: | Induced by deception/coercion. Given by prsn actor knows isn't legally author. Given by prsn w diminished capacity to make informed decision. |
| To bring about a transfer or purported transfer of title to or other nonpossesory interest in property, whether to actor or another, acquire control over prop (not real prop) | Appropriate |
| Real Property, tangible/intangible Pers Prop incl anything severed from land, or a doc, incl $ that represents anything of value | Property |
| Labor and profess services, Telecomm, Public util or transport service, Lodging, Rest Service, Supply of MV or other prop for use | Service |
| A structure or vehicle adapted for overnight accommodations and incl ea separately secured or occupied portion of structure and ea structure appurtenant to or connect with structure | Habitation |
| Any device in, on, or by which any person or prop is or may be propelled, moved, or drawn in transport except habitations | Vehicle |
| Any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use | Building |
| Material or performance that avg prsn, would find appeals to prurient interest in sexy, depicts offensive representations of sex acts, actual or simulated, excretory func, sadism/masochism, lewd exhibition of genitals, lacks serious literary views | Obscene |
| Anything tangible that is capable of being used or adapted to arouse interest, whether through reading, watching listening, but doesn't include 3D | Material |
| Play, motion picture, dance, or other exhibition performed before an audience | Performance |
| So offensive on its face as to affront current community standard of decency | Patently Offensive |
| TO manufaxcture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same | Promote |
| Manufacture, issue, sell, mail, deliver, transmit, publish, or to offer or agree for purpose of resale | Wholesale Promote |
| A device primarily for stimulation of genitals (incl a dildo or artificial vagina_ | Obscene device |
| Material whose dominant theme appeals to prurient interest of a minor in sex, nudity, excretion, patently offensive, utterly wo redeeming social value for minors | Harmful Material |
| Under Sale, Distribution, or Display of Harmful Material to Minor, Minor means: | < 18 yrs old |
| Under Sexual Performance by a Child, Child means | < 18 yrs old |
| Under Employment Harmful to Children, a child means | < 18 yrs old |
| Under Possession or Promotion of Child Porn, a child means | < 18 yrs old |
| Under Electronic Transmission of Certain Visual Material Depicting Minor, a Minor means | < 18 yrs old |
| A selling price for an item to which a buyer and seller can agree | Fair Market Value |
| The Fair Market Value of the property/service at the time/place offense occurred. (OR) The FMV of prop cannot be ascertained, the cost of replacing the prop within a reasonable time after theft | Value |
| A mark that is identical to or substantially indistinguishable from a protect market that use or production of which is not authorized by owner | Counterfeit Mark |
| A data plate, serial number, or part id number | Identification mark |
| A trademark or service mark or an identification mark that's registered with secretary of state/ US Patent & Trademark Office / under another state | Protected Mark |
| A word, name, symbol, or device, or any combination of those, used by a person to ID/disting services of 1 person from the another and indicate the source of the services and incl the titles, character names, and other distinct feat of radio/tv prgrms | Service Mark |
| A name used by a person to identify the person's business or vocation. | Trademark |
| 3 or more ppl who collaborate in carrying on criminal activ although participants may not know ea other's ID, membership in combin may change, & partic may stand in wholesaler-retailer relationship | Combination |
| Prsn agrees with 1+ prsns that they engage in conduct that would constitute the offense and that prsn and 1+ perform an overt act | Conspires to commit |
| 3+ prsns having common identifying sign or symbol or an id leadership who continuously or regularly associate in crime | Criminal street gang |
| A statement that could have affected the course or outcome of the official proceeding. | Material |
Created by:
elizabeth-mcw
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