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T2 Penal Code
| Question | Answer |
|---|---|
| Criminal episodes run concurrent except in | Sex crimes and Trafficking of persons |
| Intentionally, Knowingly retrains another person | Unlawful Restraint |
| Intentionally, Knowingly abducts a person | Kidnapping |
| Intentionally, Knowingly abducts another person with intent to hold for ransom, use as shield/hostage, facilitate felony or flight, inflict BI/sexual abuse, terrorize, uses deadly weapon | Aggravated Kidnapping |
| Intentionally, Knowingly restrains another person | Unlawful Restraint |
| Affirmative Defense for Unlawful Restraint if: | Child < 14, Relative of child, Actor's intent was to asume lawful control of child |
| Person traffics another w intent that traffickd person engage in forced labor services, Receives benefit, Traffics another & thru force, fraud, or coercion causes trafficked prsn to engage in prostit promotion of prostit, agg promotion, compel prostit | Trafficking of Persons |
| Exposes anus or any part of genitals, intent to arouse, reckless if anyone is offended | Indecent Exposure |
| In a public place, person knowingly or reckless if anyone is offended, commits acts of sexual intercourse, deviate sexual intercourse, sexual contact or contact bt mouth, genitals, anus of human / animal | Public Lewdness |
| Child < 17 yrs old the actor engages in sexual contact or causes child to engage, or with intent to arouse shows genitals / anus or causes child to expose | Indecency with a Child |
| Under Indecency with a Child, the child age is: | < 17 yrs old |
| Educator engages in sexual conduct with student in his district, or with student participating at educational event | Improper Relationship Between Educator and Student |
| Capital Murder is an offense if the person commits murder and: | Murders PO/FD, Attempting Ag Sex Assault, Arson, Burglary, Kidnap, Obstruct or Retal, Terroristic Threat, Remuneration, Retal, Escape, While incar, Murders >1, Murders < 10 yr old |
| Recklessly causes death of an individ | Manslaughter |
| Causes death of individ by criminal negligence | Criminal Negligent Homicide |
| Person drunk while operating vehicle, aircraft, watercraft or amusement ride, or assembling amusement ride and causes death of another by accident or mistake | Intoxication Manslaughter |
| Intentionally, Knowingly causes death of individ or intends SBI and commits/attempts act clearly dangerous to life that causes death, or commits/attempt felony or in flight clearly dangerous that causes death | Murder |
| Intentionally, Knowingly penetrates mouth, anus, sex organ w/o consent of person. | Sexual Assault |
| W/O consent in Sexual Assault means: | Physical force or violence, threatening to use force or violence and person believes actor will do it, person is unconscious/unable to resist, incapable, unaware |
| Under Sexual Assault, Child is: | < 17 yrs old |
| Commits an assault and causes SBI, uses or exhibits deadly weapon | Aggravated Assault |
| Threatens to commit offense involving violence with intent to cause reaction from emergency agency, place any prsn in fear or imminent SBI, interrupt occupation of bldg/place of assembly, impairment of public service, place public in fear of SBI | Terroristic Threat |
| Sexually assault someone with a deadly weapon, causing SBI, attempts to kill them, causes imminent fear that person will be victim, or gives them Flun, GFB, Ruffy, or Ketamine | Aggravated Sexual Assault |
| Under Aggravated Sexual Assault, Child age is and Elderly age is: | Child < 14. Elderly >= 65 |
| Prohibited Weapons | Armor-piercing ammunition, Chemical dispensing device, Explosive weapon, Firearm silencer, Knuckles, Machine gun, Short-barrel firearm, Tire deflation device, Zip gun |
| If property/service has a value that cannot be reasonably ascertained by the criteria set forth, the property/service is deemed to have a value of: | $500-$1,500 |
| Intent to annoy, alarm, abuse, torment, or embarrass another, the actor initiates commun & in course of commun makes comment/proposal that's obscene. Threatens to inflict BI or commit felony. False report of death or SBI. Phone rings/hangs up. Emails. | Harassment |
| >1 occasion, Intent to annoy, alarm, abuse, torment, or embarrass another, the actor makes comment/proposal that's obscene, False report of death/SBI, Phone rings/hangs up. Emails. Causes or fear BI or death for prsn/fam/prop | Stalking |
| Intent to prevent or disrupt a lawful meeting, procession, gathering, he obstructs or interferes by physical action or verbal | Disrupting Meeting or Procession |
| I, K in pub uses abusive/vulgar lang, gesture or display to incite BofP. Unreas noise/odor. Abuses/threatens/fights. DC firearm. Exposes anus/gen & reckless about offended. Peeping tom. | Disorderly Conduct |
| Commits an offense if he does an act amounting to more than mere prep but fails | Criminal Attempt |
| A person commits offense if with intent that a felony be committed He agrees with 1+ persons that 1+ engage in conduct that would constitute the offense AND He or 1+ of them performs an overt act in pursuance of the agreement | Criminal Conspiracy |
| A person commits an offense if, with intent that a capital felony or felony of the 1st degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, would constitute the felony or make the other a party | Criminal Solicitation |
| A person commits an offense if, with intent that an offense be committed, the person request, commands, or attempts to induce a minor to engage in specific conduct. | Criminal Solicitation of a Minor |
| A person commits an offense if, with intent to deceive and with knowledge of statement meaning lies under oath or false unsworn declaration | Perjury |
| A person commits an offense if he commits perjury and the false statement is made during or in connection with an official proceeding AND Is Material | Aggravated Perjury |
| Intent to deceive, knowingly lies that is material to a criminal investigation and makes statement to PO, Fed, or any emp of LE | False Report to a Peace Officer, Federal Special Investigator, or Law Enforcement Employee |
| Knowing than invest/official proceed is pending he alters/destroys/conceals any record/doc with intent to impair its verity, legib, or avail as evidence OR makes, presents, uses any rec/doc w knowl of its falsity & w intent to affect outcome of invest | Tampering with or Fabricating Physical Evidence |
| K makes false entry/alteration in/of govtl record. Makes/uses any rec/doc w know of its falsity. Int destroy/conceal verity/legib govtl rc. Possess/sell govtl rc w int used unlaw, know it obtained unlaw. | Tampering with Governmental Record |
| Person K offers/agrees/engages in sex for a fee. Solicits another to engage in sex with prsn for hire. | Prostitution |
| Acting other than prostitute, prsn K: recs $ or other prop OR solicits prsn to have sex with another for $ | Promotion of Prostitution |
| K owns/invests in/controls/supervises 2+ prostitutes | Aggravated Promotion of Prostitution |
| Prsn K causes another by force/threat/fraud to commit prostitution or causes by any means a child < 18 to commit prostitution | Compelling Prostitution |
| During =>30 days, commits 2+ acts of sexual abuse and Actor > 17 yrs old and Victim < 14 | Continuous Sexual Abuse of Young Child or Children |
| Prsn K engages in acts of sexy, deviate sexual intercourse, sexual contact or act bt mouth, gen/anus / fowl in public or R about ppl present will be offended by | Public Lewdness |
| Exposes anus/gen with intent to arouse and reckless about whether anyone offended | Indecent Exposure |
| Photographs, videotapes another wo prsn's consent and w I to arouse. Photographs, videotapes another in br or dressing room wo prsn's consent w I to invade privacy or arouse | Improper Photography or Visual Recording |
| Prsn K prevents or interferes with another ability to place an emergency call or to request assistance | Interference with Emergency Request for Assistance |
| Places weapons are prohibited | School, Polling, Court, Racetrack, Airport, 1,000 ft of TDCJ as place of execution |
| I, K, R carries handgun, illegal knife or club on/about his prsn if prsn not on own premises or en route to vehicle. Handgun in plain view in vehicle. Prsn is criminal, member of crim st gang, or prohib from possessing firearm. | Unlawful Carrying Weapon |
| I, K, R possesses or go with firearm, illegal knife, club, or prohib weapon to school, polling, court, racetrack, airport, or within 1,000 ft of TDCJ place of execution. | Places Weapons Prohibited |
| Working PS commits offense if he I subjects another to mistreatment or to arrest, detention, search/seizure, dispossession, assessment, or lien that he knows is unlawful. I denies or impedes any right. I subject another to sexual harassment. | Official Oppression |
| An emp of correctl facility Intentionally denies or impedes prsn in custody of any right. Engages in sexual contact, sexual intercourse, or deviate sexual intercourse with individ in custody | Violations of the Civil Rights of Person in Custody. Improper Sexual Activity with Person in Custody. |
| Affirm Def actors did not know conduct was wrong due to sever mental disease or defect | Insanity |
| ___ is a defense that actor through mistake formed a reasonable belief about a matter of ___ if his mistaken belief negated the kind of culpability req for commission of the offense | Mistake of Fact, fact |
| ___ is an affirm defense that actor reasonably believed the conduct charged did not constitute a crime and that he acted in a reasonable reliance upon official statement of the law in written order, or written interpretation of the law. | Mistake of Law |
| ___ ____ does not constitute a defense to the commission of a crime. | Voluntary Intoxication |
| An affirmative defnese that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or SBI | Duress |
| A defense that the actor engaged in the conduct charged because he was induced so by a LE agent using persuasion | Entrapment |
| A prsn may not be prosecuted for or convicted of any offense that prsn committed if _____ yrs old EXCEPT _______. | <15 yrs old. Perjury, Aggr Perjury, Violation of Transport Code, Violation of MV Traffic, Class C Misd, Cap Felony, 1st Def Felony, Aggr Controlled Sub Felony |
| No prsn may be punished by death for offense that prsn committed if ___ yrs old. | < 18 yrs old |
| A prsn may not be prosecuted for or convicted of offense of Class C Misd or Violation of Penal Ordinance of Political Subdivision, if that prsn was ____ yrs old. | < 10 yrs old |
| A prsn between the ages of ___ and less than ___ is presumed incacpable of committing an offense other than an offense under juvenile curfew ordinance or order. | 10 yrs old and <15 yrs old |
| Unlawfully appropriates prop w I to deprive owner of property. | Theft |
| Appropriation of prop is unlawful if: | WO owner's Effective Consent, Prop is stolen, Prop in custody of LE |
| In course of committing theft, w I to obtain or maintain control of property he I, K, R causes BI to another. I, K threatens or places another in fear of Imm BI or death. | Robbery |
| Commits robbery and he causes SBI, Uses/Exhibits Deadly Weapon, or Threatens/places prsn in fear of Imm BI or death or causes BI if prsn is =>65 or disable. | Aggravated Robbery |
| WO Effective Consent of owner, prsn enters hab/bldg. w I to commit felony, theft, assault, Remains concealed w I to commit felony, theft, assault, Attempts/Commits F/T/A. | Burglary |
| Under Burglary and Burglary of Vehicles, "Enter" means | Any part of body, or any physical object connected with the body |
| WO Effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle w I to commit any felony or theft. | Burglary of a Vehicle |
| Prsn enters or remains on prop of another wo Effective Consent and person Knew entry was forbidden, Rec'd notice to leave but didn't. | Criminal Trespass |
| Under Criminal Trespass, "Entry" means | Intrusion of the entire body |
| I to avoid payment for service | Theft of Service |
| I, K operates another's motor-propelled vehicle wo owner's Effective Consent | Unauthorized Use of a Vehicle |
| In an Affirmative Defense, the court shall charge that the defendant must prove the affirm defense by _________. | Preponderance of Evidence |
| All persons are presumed to be innocent an no person may be convicted of an offense unless ea element of the offense is _______. | Proved beyond a reasonable doubt. |
| Affirm Defense under Criminal Attempt that under circumstances manifesting a voluntary and complete renunciation of criminal objective the actor avoided commission of the offense attempted by abandoning and preventing offense. | Renunciation defense |
| I, K, R, CN by act/omission causes C/E/D SBI, serious mental impairment, or BI | Injury to a Child, Elderly, or Disabled Individual |
| Under Injury to a Child, Elderly, or Disabled Individual, Child age is and Elderly age is: | Child < 14. Elderly >= 65 |
| Having custody/care of a child, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. I, K, R, CN act/omission, engages in conduct that places child in Imm danger of death, BI | Abandoning or Endangering Child |
| Under Abandoning or Endangering a Child, a Child means: | < 15 yrs old |
| Under Abandoning or Endangering a Child, Abandon means: | To leave a child in any place wo providing reasonable and necessary care of the child |
| R engages in conduct that places another in Imm danger of SBI. K DC a firearm at or in direction of individuals, hab/bldg./vehicle and R to know if occupied | Deadly Conduct |
| I, K leaves a child < 7 yrs old in vehicle for longer than 5 min if not attended by individual => 14 yrs old | Leaving a Child in a Vehicle |
| WO Effective consent of owner he I, K damages or destroys prop of owner. I, K tampers with prop and causes pecuniary loss or inconvenience to owner. I, K makes markings, inscriptions, drawing, paintings on prop. | Criminal Mischief |
| WO Effective Consent of owner, R damages or destroys prop of owner | Reckless Damage or Destruction |
| WO Effective Consent of owner, I, K makes marking, inscriptions, slogan, drawing, painting on property with Paint, Indelible marker, or Etching/Engraving device | Graffiti |
| I to defraud/harm makes/alters object so that it appears to have value. I to sell. | Criminal Simulation |
| I to interfere with lawful custody of child < 18, K entices, persuades or takes child from custody or parent | Enticing a Child |
| Possesses a child < 18 and offers to accept, agrees to accept, or accepts a thing of value for delivery of a child for possession of the child by another. Offers to give or gives thing of value to another for child. | Sale or Purchase of Child |
| Advertises in public media that prsn will place child for adoption or will provide child for adoption. | Advertising for Placement of Child |
| I to arouse over internet, by email or text or other electronic msg service I communicates sexually explicit manner with minor or Distributes sexually explicit material to minor. | Online Solicitation of a Minor |
| I to arouse over internet, by email or text or other electronic msg service, Solicits minor to meet another/prsn w I to engage in sexual contact, intercourse, deviate sexual intercourse | Online Solicitation of a Minor |
| Influences/Attempts PS in a specific exercise of his official power or a specific performance of duty or violate duty. Influence voter not to vote. | Coercion of Public Servant or Voter. |
| PS Solicits, accepts, or agree to accept gift in consideration for services that PS would not have been requested to provide but for his official position. | Acceptance of Honorarium |
| Solicits, accepts or agree to accept benefit from prsn PS knows subject to regulation, investigation, prsn in custody, prsn has litigation against | Gift to Public Servant by Person Subject to His Jurisdiction |
| I refuses to give name, address, DOB to PO or gives false name | Failure to Identify |
| I prevents or obstructs PO from effecting an arrest, search, or transportation by using force against PO | Resisting Arrest, Search, or Transportation |
| I to hinder arrest/punishment/warrant, prsn harbors, conceals, provides prsn with any means of avoiding arrest or Warns other. | Hindering Apprehension or PRosecution |
| Assemblage of 7+ or more persons | Riot |
Created by:
elizabeth-mcw
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