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Classifications of Charges - ANS-Misdemeanors: Class A, Class B, Class C Felonies: Capital Felony, 1st Degree, 2nd Degree, 3rd Degree, State Jail Felony Misdemeanor Punishments - ANS-Class A: $4,000 fine Up to 1 year Jail Class B: $2,000 fine Up to 180 days Jail Class C: $500 fine No Jail Felony Punishments - ANS-Capital Felony: Death or Life Without Parole 1st Degree: $10,000 fine Up to 5-99 years Jail 2nd Degree: $10,000 fine Up to 2-20 years Jail 3rd Degree: $10,000 fine Up to 2-10 years Jail State Jail Felony: $10,000 Up to 180 days - 2 years Jail Elements of Offense - ANS-1. Forbidden Conduct
- Required Culpability
- Required Result
- The negation of any exception to the offense Objective of Code PC1.02 - ANS-1. Insure Public Safety by: Penalties, rehabilitation, punishment to prevent re-occurrence.
- Give warning what is prohibited & consequences
- Prescribe penalties to the seriousness of offenses & recognition of difference in rehabilitation among offenders
- Safeguard conduct without guilt as criminal
- Guide & limit law enforcement
- Define the scope of law enforcement against specific offenses Effect of Code PC 1.03 - ANS-Conduct is not against the law unless there is a law, ordinance, order of the court, or rule that states otherwise. Territorial Jurisdiction PC 1.04 - ANS-1. Texas claims jurisdiction if crime happens in this state.
- Conduct made to commit an offense in the state.
- Conspiracy to commit an offense in this state.
- Any "body" found in this state is presumed to have happened in this state. Computation of Age
PC 1.06 - ANS-You gain age on the anniversary of your birthday. Bodily Injury PC 1. Definition - ANS-Physical pain, illness, or any impairment of physical condition. Possession PC 1. Definition - ANS-A substance, including a drug, an adulterant, and a dilutant, listed in Schedules 1-5 or Penalty Groups 1, 1-A, or 2-4. Includes aggregate weight of any mixture, solution, or other substance containing a controlled substance. Deadly Weapon PC 1. Definition - ANS-A firearm, or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury. Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Conduct PC 1. Definition - ANS-An act or omission and its accompanying state. Corporation PC 1. Definition - ANS-Includes nonprofit corporations, professional associations created pursuant to statute & joint stock companies. Consent PC 1. Definition - ANS-Assent in fact, whether express or appartent Serious Bodily Injury PC 1. Definition - ANS-Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.
Punishment: Capital Offense - 1st Degree Felony 1st Degree Felony - 2nd Degree Felony Criminal Solicitation of a Minor PC 15.031 - ANS-*Minor younger than 17 yrs The person(s) requests, commands, or attempts to induce a minor to engage in a specific conduct that would constitute an offense or make a minor a party to the commission of an offense. Punishment: One category lower than solicited offense Same category if gang related Murder PC 19.02 - ANS-1. Intentionally or knowingly causes the death of an individual.
- Intends to cause serious bodily injury, commits an act, which causes death.
- Commits/Attempts a felony, other than manslaughter, during the commission of a crime, or flight from a crime, that causes the death of an individual. Punishment: 1st Degree Felony 2nd Degree Felony: Sudden Passion, Rage Capital Murder PC 19.03 - ANS-1. Murders a Peace Officer/Fireman during discourse of official duty & the person knows who they are.
- Intentionally murders during Kidnapping, Burglary, Robbery, Agg. Sex Assault, Arson, Obstruction or Retaliation, or Terroristic Threat.
- Murder for Hire (Remuneration)
- Trying to escape from Penal Institution (kills Deten Ofc)
- Murder a Judge/Justice
- Murders another in jail while being held for murder
- Murders more than one person during same scheme or criminal transaction
- Murders a child younger than 10 yrs old
- Murders in jail for the benefit or furtherance of a gang Punishment: Capital Felony Manslaughter PC 19.04 - ANS-1. Recklessly causes the death of an individual Punishment: 2nd Degree Felony
Example: Running a red light and causes death from an accident. Criminally Negligent Homicide PC 19.05 - ANS-1. Causes the death of an individual by criminal negligence Punishment: State Jail Felony Example: Left gate open to swimming pool and child falls in. Trafficking of Persons PC 20A.02 - ANS-1. Knowingly traffics another person with intent that the person engage in forced labor or services.
- Receives remuneration, or some benefit, from participation in #1.
- Traffics through force, fraud, or coercion & causes person to engage in Prostitution, Promotion of Prostitution, Agg. Prostitution, & Compelling Prostitution.
- Receives a benefit from participating in #
- Traffics a child for forced labor
- Receives a benefit for #
- Traffics a child for sexual abuse, indecency with a child, assault, agg. assault of a child, or prostitution of a child, sexual performance of a child, child pornography, or employment that is harmful to a child. Punishment: 2nd Degree Felony 1st Degree Felony for child offenses Continuous Trafficking of Persons PC 20A.03 - ANS-1. 30 or more days in duration with 2 or more times in conduct offense Trafficking of Persons
- Jury does not have to agree unanimously on conduct, but does on 30 plus days duration Punishment: 1st Degree Felony Unlawful Restraint PC 20.02 - ANS-1. Intentionally & Knowingly restrains another person.
- No count if person is a relative & child is 14 yrs of age Punishment: Class A Misdemeanor State Jail Felony - Child younger than 17 3rd Degree Felony - Recklessly exposed to Serious Bodily Injury
- Any penetration of the female sex organ by the male sex organ. Continuous Sexual Abuse of a Young Child or Children PC 21.02 - ANS-Period that is 30 or more days in duration a person commits 2 or more acts of sexual abuse. Actor is 17 yrs or older and child is 13 yrs or younger. No matter on whether 1 or more victims. Punishment: 1st Degree Felony Life/Not more than 99 yrs/Not less 25 yrs Homosexual Conduct PC 21.06 - ANS-Repealed (Declared Unconstitutional) Public Lewdness PC 21.07 - ANS-Engages in any acts in a public place, if not in public, he is reckless whether another is present who is offended or alarmed: 1. Sexual Intercourse
- Deviate Sexual Intercourse
- Sexual Contact
- Mouth to Genitals or Genital to Anus of Animal Punishment: Class A Misdemeanor Indecency with a Child PC 21.11 - ANS-1. Younger than 17 yrs no matter the gender of the child. A. Sexual contact or causes child to commit contact B. Intent to arouse/gratify sexual desire of anyone C. Expose anus/genitals knowing child is present D. Causes child to expose anus/genitals Punishment: 2nd Degree Felony (Contact with a child) 3rd Degree Felony (Exposure) Improper Relationship between Student/Educator PC 21.12 - ANS-*Public/Private Primary or Secondary School
- Employee engages in sexual contact, sexual intercourse, deviate sexual intercourse where employee works. AFF DEFF: Relationship was before an employee & no more than 3 yrs apart in age. Punishment: 2nd Degree Felony
Improper Photography or Visual Recording PC 21.15 - ANS-1. Photographs/videotapes by electronic means, broadcasts, transmits visual image of another without the other person's consent with intent to arouse/gratify sexual desire. (Exmp: Up-skirt videos)
- Photographs/videotapes by electronic means, broadcasts, transmits visual image of another without the other person's consent with intent to arouse/gratify sexual desire from a bathroom/dressing room. Punishment: State Jail Felony Assault PC 22.01 - ANS-1. Assault with Bodily Injury -> Class A Misdemeanor
- Assault by Threat -> Class C Misdemeanor
- Assault by Contact -> Class C Misdemeanor
- Assault on Peace Officer -> 3rd Degree Felony with Bodily Injury Sexual Assault PC 22.011 - ANS-1. Intentionally/knowingly penetrates anus or sexual organ by any means without the person's consent.
- Penetrates mouth with sex organ without person's consent.
- Causes sex organ of person to penetrate mouth, anus, or sexual organ of another including the actor. Child: 16 yrs or younger same violation as # Punishment: 2nd Degree Felony 1st Degree Felony if illegal to have married Aggravated Sexual Assault PC 22.021 - ANS-1. Intentionally/Knowingly causes serious bodily harm during commission.
- Administers Drugs
- Victim is younger than 14 yrs of Elderly Punishment: 1st Degree Felony Abandoning/Endangering a Child PC 22.041 - ANS-1. Abandon a child (14 yrs or younger) where child is exposed to unreasonable risk or harm.
Consent as a Defense to Assaultive Conduct PC 22.06 - ANS-1. Not threaten or cause serious bodily injury.
- Victim knew the risk of consenting with the possibility of needing medical treatment. Terroristic Threat PC 22.07 - ANS-Class B Misdemeanor:
- Reaction to any type to a threat by agency official/volunteer. 2. Places person in fear of imminent serious bodily injury. Class A Misdemeanor:
- Family violence where person is in fear of imminent serious bodily injury. 2. Public Servant put in fear of imminent serious bodily injury. 3rd Degree Felony:
- Interruption of public communications, transportation, water, gas, or power. 2. A substantial group of people fear serious bodily injury. 3. Influence conduct of the Gov. Aiding Suicide PC 22.08 - ANS-Aids or Attempts to Aid Punishment: Class C Misdemeanor Tampering with a Consumer Product PC 22.09 - ANS-2nd Degree Felony -> Tampered with products for sale 1st Degree Felony -> Suffers serious bodily injury 3rd Degree Felony -> Cause fear to affect the sales or causes bodily injury. Leaving a Child in a Vehicle PC 22.10 - ANS-1. Intentionally/knowingly leaves a child in a vehicle longer than 5 minutes: A. Child is younger than 7 yrs B. Not attended by 14 yrs + child Punishment: Class C Misdemeanor Harassment of a Detention Officer PC 22.11 - ANS-Blood, Seminal Fluid, Vaginal Fluid, Saliva, Urine, Feces, used to contact a Detention Officer.
Punishment: 3rd Degree Felony Bigamy PC 25.01 - ANS-When you're legally married and you marry another. Punishment: 3rd Degree Felony 2nd Degree Felony - 17 yrs of age 1st Degree Felony - 16 yrs or younger Prohibited Sexual Conduct PC 25.02 - ANS-1. Sexual or Deviant Sexual Intercourse with: A. Relative by blood or adoption B. Current, or former, stepchild, or step parent C. See Code for further relative restrictions Punishment: 3rd Degree Felony 2nd Degree Felony - son or daughter of actor's aunt/uncle of whole or 1/2 blood or adoption. Interference with Child Custody PC 25.03 - ANS-1. Keeping a child younger than 18
- Violates a court order
- Not awarded custody & leaves the area
- Noncustodial parent with intent to interfere DEFF - Bring back child to county within 3 days Punishment - State Jail Felony Agreement to Abduct from Custody PC 25.031 - ANS-Agree to abduct a child younger than 18 for money Punishment: State Jail Felony Enticing a Child PC 25.04 - ANS-1. Entices/Persuades child under 18 yrs and takes child Punishment: Class B Misdemeanor 3rd Degree Felony - Took child to commit a
Punishment: State Jail Felony Bribery PC 36. 02 - ANS-Intentionally & Knowingly offers, confers, agrees, solicits, accepts, any benefit as consideration. Punishment: 2nd Degree Felony Coercion of a Public Servant or Voter PC 36.03 - ANS-Any person who attempts to influence a public servant or voter. Punishment: Class A Misdemeanor 3rd Degree Felony - Coercion by threat to commit a felony Improper Influence PC 36.04 - ANS-Privately and with intent influence the outcome of a proceeding. Punishment: Class A Misdemeanor Tampering with a Witness PC 36,05 - ANS-Influence a Witness: Testify Falsely Withhold testimony Elude a Legal Process Delay Prosecution Punishment: 3rd Degree Felony Obstruction/Retaliation PC 36.06 - ANS-Intentionally/knowingly harms, or threatens to harm, another by an unlawful act in retaliation as a Public Servant, Witness, or an Informant. Punishment: 3rd Degree Felony 2nd Degree Felony - harmed/threaten for being a juror Acceptance of an Honorarium PC 36.07 - ANS-Public Servant solicits, accepts, agrees to accept honorarium for his services.
Punishment: Class A Misdemeanor Perjury PC 37.02 - ANS-Makes a false statement under oath, false un-sworn declaration. Punishment: Class A Misdemeanor Aggravated Perjury PC 37.03 - ANS-Makes a false statement made during, or in connection, with an official proceeding and is material, or would have effected the outcome of a proceeding. Punishment: 3rd Degree Felony Impersonation a Public Servant PC 37.11 - ANS-Induce another to his pretended authority Punishment: 3rd Degree Felony False ID as a Peace Officer PC 37.12 - ANS-Having a fake Badge or ID Punishment: Class B Misdemeanor Failure to Identify PC 38.02 - ANS-Intentionally refuses to give name, address, & date of birth to a Peace Officer: 1. Who has been lawfully arrested
- Who has been lawfully detained
- From a person the P.O. has good cause to believe is a witness to a a criminal offense. Punishment: Class B Misdemeanor Resisting Arrest, Search, or Transportation PC 38.03 - ANS-Intentionally/knowingly prevents, or obstructs, whom he knows to be a Peace Officer. Using force against a Peace Officer. Punishment: Class A Misdemeanor 3rd Degree Felony - Uses a deadly weapon
Disorderly Conduct PC 42.01 - ANS-Intentionally/knowingly uses abusive, indecent, profane language in public. Offensive gesture which is an immediate breach of the peace. Fights with another in a public place. Discharge a firearm. Displays a firearm in a public place. Shoots across the roadway. Exposure of anus/genitals and is reckless to who might see it. Punishment: Refer to Code Book for Various Levels Obstructing a Highway/Passage Way PC 42.03 - ANS-Intentionally/knowingly/recklessly, obstructs a highway, street, sidewalk, elevator, isle, hallway, entrance, or exit. Punishment: Class B Misdemeanor Disrupt Meeting Procession & Funeral Services Disruption PC 42.05 & PC 42.055 - ANS-Intent to prevent or disrupt procession Funeral: 3 hrs before/after & within 1000 feet Punishment: Class B Misdemeanor Interference with an Emergency Request PC 42.062 - ANS-Knowingly prevent request Punishment: Class A Misdemeanor State Jail Felony - previously convicted Harassment PC 42.07 - ANS-Intent to harass, annoy, alarm, abuse, torment, embarrass another. Punishment: Class B Misdemeanor Class A Misdemeanor - prev. convicted Stalking PC 42.072 - ANS-More than one occasion/same scheme & knowingly engages in threatening bodily injury or death or of a household member, against property, fear of bodily injury. Punishment: 3rd Degree Felony
Dog Fighting PC 42.10 - ANS-Causes one dog to fight another Punishment: Class A Misdemeanor - Possess/Train Dog State Jail Felony - Anything else Use of a Laser Pointer PC 42.13 - ANS-Points at a Peace Officer, Security Officer, Fire Fighter, Medical, or Federal Officer. Punishment: Class C Misdemeanor Illumination of a Aircraft by Intense Light PC 42.14 - ANS-Class C Misdemeanor to point at a plane. Class A Misdemeanor if it interferes with operator Prostitution PC 43.02 - ANS-1. Person knowingly engages, agrees to engage in sexual conduct for money.
- Solicits another for sexual conduct for hire. Punishment: Class B Misdemeanor Class A Misdemeanor - Prev. Convicted State Jail Felony - Prev. Convicted 3 or more 2nd Degree Felony - Younger than 18 yrs Promotion of Prostitution PC 43.03 - ANS-Receiving money for rendering services. Solicits 1 or more to engage in prostitution with another (Pimping). Punishment: Class A Misdemeanor State Jail Felony - Prev. Convicted 2nd Degree Felony - Younger than 18 yrs Agg. Promotion of Prostitution PC 43.04 - ANS-Knowingly owns, invests, finances, controls,or supervises prostitution enterprise.
Driving While Intoxicated PC 49.04 - ANS-Operating a Motor Vehicle in a public place while intoxicated. Punishment: Class B Misdemeanor Class A Misdemeanor - BrAC is .015 or more DWI with Child Passenger PC 49.045 - ANS-Operating a Motor Vehicle in a public place while intoxicated with a child younger than 15 yrs. Punishment: State Jail Felony Intoxication Assault PC 49.07 - ANS-Intoxicated while operation an aircraft, watercraft, amusement ride and causes serious bodily injury. Punishment: 3rd Degree Felony Intoxication Manslaughter PC 49.08 - ANS-Causes death while operation a vehicle while intoxicated. Punishment: 2nd Degree Felony Failure to report a Felony PC 83.171 - ANS-Observes a felony commissioned and does not immediately report it. Punishment: Class A Misdemeanor
