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Punishment Ladder- Class C Misdemeanor - ANS-Fine not to exceed $ Punishment Ladder- Class B Misdemeanor - ANS-$2,000 Fine,180 Days Jail or Both Punishment Ladder-Class A Misdemeanor - ANS-$4,000 Fine, 1 year jail time or both Punishment Ladder- State Jail Felony - ANS-180 days- 2 years, $10,000 Fine Punishment Ladder- 3rd Degree Felony - ANS-2-10 years, $10,000 Fine Punishment Ladder- 2nd Degree Felony - ANS-2-20 years, $10,000 Fine Punishment Ladder- 1st Degree Felony - ANS-5-99 years, $10,000 Fine Punishment Ladder- Capital - ANS-Life or Death Valuation Ladder Class C Misdemeanor - ANS-< $ Valuation Ladder Class B Misdemeanor - ANS-$100- $ Valuation Ladder Class A Misdemeanor - ANS-$750- $2, Valuation Ladder State Jail Felony - ANS-$2,500 - $30, Valuation Ladder 3rd Degree - ANS-$30,000 - $150, Valuation Ladder 2nd Degree - ANS-$150,000- $300, Valuation Ladder 1st Degree $300,000 plus - ANS-$300,000 plus Intentional/Intentionally - ANS-with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. Knowing/Knowingly - ANS-with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Reckless/Recklessly - ANS-with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. Criminal negligence/Criminally negligent - ANS-with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. A person is criminally responsible as a party to an offense - ANS-if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both. Each party to an offense may be charged with the commission of the offense A person attains a Specified Age on - ANS-day of the anniversary of his birth date Short barreled firearm - ANS-means 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. Objectives of Penal Code - ANS-1. Insure public safety through a. deterrence b. rehabilitation c. punishment to prevent recidivism
- Definition & grading of offenses
- Penalties proportionate to the crime
- Safeguard guiltless conduct
- Guide & limit the exercise of discretion
- Define scope of state interest... Effective Consent - ANS-consent by a person legally authorized to act for the owner. Consent - ANS-assent in fact, whether express or apparent When does conduct constitute an offense ( what does a person have to do to commit an offense) - ANS-A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
Proof beyond reasonable doubt - ANS-All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial... Omission - ANS-Failure to Act Deadly weapon - ANS-A Firearm; Means, in part, anything in the manner of its use or intended use is capable of causing death or serious bodily injury. Correctional Facility - ANS-place designated by law for the confinement of a person arrested for , charged with, or convicted of a criminal offense and includes: --municipal or county jail; --confinement facility operated by the Texas Department of Criminal Justice; --community corrections facility operated by a community supervision and corrections department. Unlawful - ANS-criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.. Law - ANS-the constitution or a statute of this state; or --of the United States; --a written opinion of a court of record; --a municipal ordinance; --an order of a county commissioners court; or --rule authorized by and lawfully adapted under a statute... Abduct - ANS-to 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 force Coercion - ANS-as "destroying, concealing, confiscating or withholding from the trafficked person, or threatening to destroy, conceal, confiscate, or withhold from the trafficked person, the trafficked person's actual or purported: Government Records; or Identifying information or documents." Person - ANS-an individual, corporation, or association... Individual - ANS-means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
How do you determine the age of an individual? - ANS-A person attains a specified age on the day of the anniversary of his birth date Conduct does not constitute an offense unless it is defined by what? - ANS-defined as an offense by statue When is consent not effective consent? - ANS---induced by force, threat, or fraud; --given by a person the actor knows in not legally authorized to act for the owner; --given solely to detect the commission of the offense If a person has a class A convictions or a felony and is sentenced for another class , what will be the punishment range? - ANS-Fine not to exceed $4,000; 90 days to 1 year jail time 2 prior SJF, upon a 3rd conviction, what is the enhancement? - ANS-3rd degree felony punishment Sudden passion and adequate cause are associated with? - ANS-Murder Temporary insanity by reason of intoxication can be used during what part of the trial? - ANS-Mitigation of punishment Describe the types of signs for criminal trespass - ANS---Oral or Written Communication --Fencing/sings/crops --purple paint on trees/post To be culpable for an offense you have to___________? - ANS-Intentional knowing reckless criminal negligence The Texas Penal code does not ______,___________ or otherwise affect a right or liability to damages in a _________ ___________ - ANS-Bar, Suspend Civil Suit What type of entry is required for burglary? - ANS-enters a habitation or building (or any portion of a building) not then open to the pubic with intent to commit a felony, theft, or assault; (2) remains concealed with intent to commit a felony, theft, or assault in a building or habitation; or (3) enters a building or habitation and commits or attempts to commit a felony, theft, or assault. *****(entry means to intrude any part of the body, or any physical object connected with the body)... What type of Entry is required for Criminal Trespass? - ANS-means the extrusion of the entire body
Coercing, inducing or soliciting membership in a Criminal Street Gang? - ANS-a) A person commits an offense if; --he knowingly causes, enable, encourages recruits or solicits; --another person; --to become a member of a criminal street gang; --which, as a condition of initiation, admission, membership, or continued membership; --requires the commission of any conduct which constitutes an offense punishable as a Class A misdemeanor or felony. --3rd Degree Felony --2nd Degree Felony for subsequent offense... Cruelty to Livestock - ANS-A person commits an offense if the person intentionally or knowingly: (1) tortures a livestock animal; (2) fails unreasonably to provide necessary food, water, or care for a livestock animal in the person's custody; (3) abandons unreasonably a livestock animal in the person's custody; (4) transports or confines a livestock animal in a cruel and unusual manner; (5) administers poison to a livestock animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent; (6) causes one livestock animal to fight with another livestock animal or with an animal as defined by Section 42.092; (7) uses a live livestock animal as a lure in dog race training or in dog coursing on a racetrack; (8) trips a horse; or (9) seriously overworks a livestock animal. Disrupting a meeting or procession - ANS-A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance. (b) An offense under this section is a Class B misdemeanor. Theft from a person - ANS-A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.it is without the owner's effective consent; Illegal recruitment of an athlete (who can they accept money from)? - ANS-related within the second degree of consanguinity or affinity Issuance of a bad check - ANS-issues or passes a check or similar sight order; Person intentionally or knowingly; for payment of money; knowing there are not sufficient funds for deposit; to pay it and others outstanding at time of issuance.
Class C Misdemeanor Class B Misdemeanor if check was issued for payment of child support... Terrorist Threat - ANS-) A person commits an offense if: He threatens to commit any offense involving violence to any person or property with intent to: (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; Class B Misdemeanor... Interference with public duties - ANS-A person commits an offense if with criminal negligence he: --interrupts, disrupts, impedes, or otherwise interferes with: --a peace officer while the officer is performing a duty imposed or granted by law --a person who is employed to provide emergency medical service including the transportation of injured persons... --A fire fighter while fighting a fire or --an animal under the supervision of a peace officer, corrections officer, or jailer, if the person knows the animal is being used for law enforcement ---Offense is a Class B Defenses are that the person was warning motorists of an officer working traffic or that the impediment consisted of speech only... Possession of alcoholic beverage in a motor vehicle - ANS-Open Container- A bottle or can that contains any amount of alcoholic beverage; that is open, has been opened or seal broken Passenger area of vehicle-the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. Does not include glove box, or storage container that is locked, trunk of vehicle or area behind the last upright seat of the vehicle Public Highway Fail to report a felony - ANS-Observes a felony under circumstances in which a reasonable person would believe that an offense has been committed in which SBI or death may have resulted; and --Fails to report it immediately under circumstances in which: --A reasonable person would believe that it has not already been reported; and --The person could immediately report it without placing himself in danger of SBI or death --Class A misdemeanor...
Public Lewdness - ANS-A person commits an offense: --if he knowingly engages in any of the following acts in a public place; --if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his; --act of sexual intercourse; --act of deviate sexual intercourse; --act of sexual contact; ***act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl. Removed 2017, created 21.09 Bestiality! Class A Misdemeanor Resisting Arrest - ANS-intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another Perjury - ANS-with intent to deceive; and --with knowledge of statement's meaning; --makes a false statement under oath; or --swears to the truth of a false statement previously made; and --the statement is required or authorized by law to: be made under oath. Class A Misdemeanor Unlawful Carrying Weapon (UCW) - ANS-A person commits an offense if the person; intentionally, knowingly, or recklessly carries on or about his or her person a handgun, or club and is not on the person's own premises or premises under the person's control; or inside of or directly en route to a motor vehicle that is owned by the person or under the person's control. Arson - ANS---he starts a fire, regardless of whether the fire continues after ignition;or --causes an explosion; with intent to destroy or damage: Cockfighting - ANS-causes a cock to fight with another cock; participates in the earnings of a cockfight;uses or permits another to use any real estate, building, room, tent, arena, or other property for cockfighting; Hindering proceeding - ANS-A person commits an offense if he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.
(b) A person commits an offense if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist. (c) An offense under this section is a Class A misdemeanor. Burglary (What types of burglary are there) - ANS-building or habitation, coin operated or collection machine, vehicle Credit Card abuse - ANS---Using Card without consent of cardholder or using expired or revoked card: --person --with intent to fraudulently obtain property of services --intentionally or knowingly present or uses a credit card --with knowledge that card has: not been issued to him/her and is not used with effective consent of cardholder; --expired, been revoked, or canceled... Fail to Identify - ANS-A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person, & requested the information --Class C misdemeanor --Class B misdemeanor if the subject was a fugitive at the time... Assault on a Public Servant - ANS- Capital Murder - ANS-1. Murders a peace officer or fireman;
- Intentionally commits murder while committing kidnapping,burglary,robbery aggravated sexual assault, arson, or retaliation.
- Murder for remuneration;..
- Murder while escaping...
- Murders an employee or with a gang in a penal institution;
- Murder while incarcerated for murder or while serving life or 99 years for (Agg. Kidnapping),(Agg. Sexual Assault),(Agg. Robbery);
- Murders more than one person;..
- Murders an individual under 10 years of age.
- The person murders another person in retaliation for or on account of the service or status as judge or justice of the supreme court..... Murder - ANS---intentionally or knowingly causes the death of an individual. --Intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual... Intoxication Assault - ANS-(a) A person who, by accident or mistake;
(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area. Unlawful restraint - ANS-Person commits an offense if he intentionally or knowingly retrains another person Unlawful transfer of weapons - ANS-A person who; --sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; --intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 yoa any firearm, club, or illegal knife or any martial arts throwing stars; or intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated... or --Knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the 5th anniversary following conviction of the felony; or --person's release from confinement following conviction of the felony, or --the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony Promotion of Prostitution - ANS-A person acting other than as a prostitute knowingly; --receives money or other property in agreement to participated in the proceeds of prostitution; or --solicits another to engage in sexual conduct with another person for compensation. Agg Assault on Peace Officer offense level - ANS-2nd degree felony Tampering with ID Numbers - ANS-a) person commits an offense if the person: (1) knowingly or intentionally removes, alters, or obliterates; the serial number; or other permanent identification marking; on tangible personal property;.. Disorderly conduct (Firearm Offenses) - ANS-discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code ; (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; (9) discharges a firearm on or across a public road;
Unlawful possession of body armor - ANS---a) metal or body armor - any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. --(b) A person who has been convicted of a felony commits an offense; --if after conviction; -the person possesses metal or body armor. Interference with police service animal - ANS-b) A person commits an offense; if the person recklessly; (1) taunts, torments, or strikes a police service animal;
- throws an object or substance at a police service animal; Interference with Rail Road property - ANS-A person commits an offense if the person: -Throws an object or discharges a firearm or weapon at a train; or -without the effective consent of the owner, -enters or remains on railroad property, knowing that it is railroad property; -tampers with railroad property Indecency with a child (contact/exposure) - ANS- Obstruction/retaliation - ANS---Person who intentionally or knowingly; --harms or threatens to harm; --another by an unlawful act; --in retaliation for or on account of the service or status of another, or --person who has reported or intends to report a crime; or --to prevent or delay the service of another; as a: public servant; witness or prospective witness; or informant; Riot - ANS-Seven or more people- resulting in conduct which: creates an immediate danger of damage to property or injury to persons; Harassment - ANS- Invasive Visual Recording - ANS-if, without the other person's consent and with intent to invade the privacy of the other person, he:
c) A person, other than a peace officer; actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision; who is subject to an order issued under 6.504 FC, protective order issued on motion of dissolution of a marriage, under 17.292 CCP, Magistrate's order of emergency protection, or by another jurisdiction as provided by chapter 88 FC; commits an offense if the person possess a firearm after receiving notice of the order and before expiration of the order. Assault - ANS-Intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse. State - ANS-Includes the land and water and the air space above the land and water. Aggravated Robbery - ANS-Commits Robbery and he; --causes serious bodily injury; --uses or exhibits a deadly weapon; or commits robbery and the victim is 65 or a disabled person. 1st Degree Felony... Sexual Assault - ANS-+intentionally or knowingly; (A) causes the penetration of: the anus; sexual organ of another person by any means; without the persons consent. (B) causes the penetration of: the mouth of another person by the sexual organ of the actor, without that person's consent. (C) causes the sexual organ of another person; without the person's consent; to contact or penetrate the mouth; anus; or sexual organ of another person; including the actor... A person commits an offense only if he ___________ engages in conduct, including an act, an omission, or possession - ANS-Voluntarily A person is criminally responsible if the result ________________________________ but for his conduct. - ANS-Would not have occurred List the Elements of an Offense - ANS-1. Forbidden Conduct(actus rues)
- Required culpability (Mens Rea)
- Required results
- Negation of any exemption to the offense (attended circumstances)
- A List the General Defenses to Criminal Responsibility? - ANS-1- Insanity 2- Mistake of Fact 3 Mistake of Law
- Intoxication
- Duress 6- Entrapment 7- Age affecting criminal responsibility 8- Child with mental disability A person may not be prosecuted for or convicted of any offense that he committed when younger than - ANS-15 YOA No person may be punished by death for an offense committed while he was younger than ________ - ANS-18 YOA List the Elements of an Offense - ANS-1. Forbidden Conduct(actus rues)
- Required culpability (Mens Rea)
- Required results
- Negation of any exemption to the offense (attended circumstances) List three ways a person can commit assault? - ANS-1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative A person commits Capital Murder if he murders an individual under the age of _____ - ANS-10 YOA . What is a criminal episode and what is its purpose? - ANS-Commission of two or more offenses, Charge under one Offense Is ignorance of the law a defense? - ANS-No
Within 300 feet of shopping mall, movie theater, public swimming pool, or video arcade, or Any school bus
