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171 BPOA > Penal Code > Flashcards

Penal Code Flashcards

1
Q

3 Elements of Criminal Law

A

Actus reus/criminal act, mens rea/required mental element, punishment/must be proscribed by law.

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2
Q

Effect of the Code? Conduct not criminal unless…

A

it is defined as such by law – statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under statute

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3
Q

Does penal code affect civil remedies?

A

No.

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4
Q

When does Texas have jurisdiction?

A

The conduct/result occurs in this state
Conduct outside the states constitutes an attempt to commit an offense in this state.
Conduct constitutes a conspiracy to commit an offense in the state
Conspiracy, attempt or solicitation to commit an offense in another jurisdiction that is also a violation in this state.

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5
Q

If a body is found in Texas…

A

we assume it occurred here.

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6
Q

An offense by omission imposed by law is committed…

A

inside the state regardless of the location of the actor.

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7
Q

Age Definition

A

A person attains a specified age on the anniversary of his birthdate.

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8
Q

Act

A

A bodily movement whether voluntary or involuntary and includes speech.

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9
Q

Actor

A

Suspect

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10
Q

Agency

A

Authority, board, bureau, commission, council, etc.

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11
Q

Alcoholic Beverage

A

meaning assigned by section 1.04 Alcoholic Beverage Code

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12
Q

Another

A

A person OTHER than the actor.

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13
Q

Association

A

Government agency, trust, or two or more persons having a joint economic interest.

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14
Q

Benefit

A

Anything reasonably regarded as an economic gain.

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15
Q

Bodily Injury

A

Physical pain, illness or impairment of physical condition

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16
Q

Coercion

A

A threat to (a) commit an offense (b) inflict bodily injury in the future (c) accuse of an offense (d) expose person to hatred, contempt or ridicule (e) harm credit/business repute of the person/business (f) take/withhold action as a public servant (or cause public servant to do so)

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17
Q

Corporation

A

Non-Profit corporations, professional associations created pursuant to statute, and joint stock companies.

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18
Q

Correctional Facility

A

A place designated by law for confinement of a person arrested for, charged with, or convicted of a criminal offense.

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19
Q

Criminal Negligence

A

As defined in 6.03 (Culpable Mental State)

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20
Q

Dangerous Drug

A

Has meaning assigned by section 483.001 Health and Safety Code.

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21
Q

Deadly Weapon

A

A firearm or anything designed, made or adapted for purpose of inflicting death or serious bodily injury. (B) anything that in the manner of its use/intended use is capable of causing death or serious bodily injury.

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22
Q

Drug

A

Has meaning assigned by section 483.002 Health and Safety Code.

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23
Q

Effective consent

A

Includes consent by a person legally authorized to act for the owner. Not effective if (A) induced by force, threat or fraud; (B) given by a person actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or (E) given solely to detect the commission of an offense.

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24
Q

Electric generating plant

A

A facility that generates electric energy

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25
Q

Consent

A

Assent in fact, whether express or apparent.

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26
Q

Conduct

A

An act/omission and its accompanying mental state.

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27
Q

Controlled Substance

A

Meaning assigned by section 481.002 of Health and Safety Code.

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28
Q

Person

A

An individual, corporation or association.

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29
Q

Electric Utility Substation

A

A facility used to change or switch voltage in conjunction with the transmission of electrical energy to the public.

30
Q

Element of offense

A

(A) Forbidden conduct (B) required culpability (C) any required result (D) negation of any exception to the offense.

31
Q

Felony

A

Any offense punishable by death or confinement in a penitentiary.

32
Q

Government

A

The state, county, municipality, political subdivisions.

33
Q

Harm

A

Loss, disadvantage…

34
Q

Individual

A

Human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.

35
Q

Intentional

A

Is defined in section 6.03 (Culpable Mental States)

36
Q

Knowing

A

Is defined in section 6.03 (Culpable Mental States)

37
Q

Law

A

Constitution or a statute of this state or the United States; a written opinion of a court of record; a municipal ordinance; an order of a county commissioners court; or a rule authorized by and lawfully adopted under a statute.

38
Q

Misdemeanor

A

Punishable by fine or confinement in jail.

39
Q

Oath

A

Includes affirmation.

40
Q

Official proceeding

A

Any time of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant.

41
Q

Omission

A

Failure to Act

42
Q

Owner

A

Has title to property; possession (lawful or not); or greater right to possession to property than the actor; holder in due course of a negotiable instrument.

43
Q

Peace officer

A

person elected, employed or appointed as a peace officer.

44
Q

Penal institution

A

A place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.

45
Q

Person

A

An individual, corporation or association.

46
Q

Serious Bodily Injury

A

Injury that causes death or serious risk of death, or protracted loss/impairment of the function of a bodily member or organ.

47
Q

Possession

A

Actual care, custody, control or management.

48
Q

Public place

A

A place where the public or substantial group of the public has access.

49
Q

Public Servant

A

A person elected, hired, etc as one of the following even if not yet qualified: an officer, employee or agent of government; a juror (or grand juror); arbitrator, judge, referee; attorney at law or notary public when performing in a government official function; candidate; person performing a government function under a claim of right even if not qualified to do so.

50
Q

Reasonable belief

A

Belief that would be held by an ordinary and prudent man in the same circumstances by the actor.

51
Q

Reckless

A

Defined in 6.03.

52
Q

Rule

A

Includes regulation.

53
Q

Secure Correctional Facility

A

Municipal/County Jail, Correctional Facility operated by or contracted by the Texas Department of Criminal Justice.

54
Q

Sight order

A

A written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time. (Check, electronic debit, or automatic bank draft)

55
Q

Federal special investigator

A

Includes person in article 2.122 of Code of Criminal Procedure.

56
Q

Swear

A

To affirm

57
Q

Unlawful

A

Criminal or tortious or both including what would be criminal BUT for a defense not amounting to justification or privilege.

58
Q

Death

A

Includes the failure to be born alive.

59
Q

Burden of Proof for a Criminal Trial?

A

Proof beyond a reasonable doubt.

60
Q

What is an Exception to Offense?

A

Excuses criminal conduct.

61
Q

What is a DEFENSE?

A

Excuse, basically. Defenses are labeled and evidence must be submitted by the defense to provide the defense beyond a reasonable doubt.

62
Q

What is Affirmative Defense?

A

Are labeled and must be proven by the defense by a preponderance of the evidence.

63
Q

Difference between DEFENSE and AFFIRMATIVE DEFENSE?

A

Defense - Beyond reasonable doubt…Affirmative Defense - proven by a preponderance of the evidence.

64
Q

Presumption

A

Assume a fact exists. (example: police officer wearing a uniform and badge is assumed to be a police officer)

65
Q

Criminal Episode

A

Commission of 2 or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property under the following: (1) the offenses are committed pursuant to the same transaction pr two or more transactions that are connected or constitute a common scheme or plan or (2) the offenses are the repeated commission of the same or similar offenses.

66
Q

Consolidation and Joinder of Prosecutions

A

May be prosecuted in a single criminal action for all offenses. If convicted, sentences shall run concurrently except intox. manslaughter or assault, indecently w/chile, sex assault, agg sex assault, compelling prostitution, improper photos, child porn, injury to child or elderly. Defendant shall have a right to a severance of the offenses.

67
Q

What is a Party to an Offense?

A

Criminal responsible as a party to an offense if it is conducted by his own conduct, by the conduct of another for which he is criminally responsible, or both.

68
Q

What is Criminal Responsibility for Another?

A

If he has culpability and aides/causes another innocent person to commit an offense or FAILS TO PREVENT an offense if he has a duty to do so. If the actors conspire to commit one felony but actually commit another, they are guilty of the crime committed regardless of their specific intent.

69
Q

Defenses Excluded

A

If it is shown that the offense is committed, it is NO defense that the actor is in a class of people legally incapable of committing the offense. NOR it is a defense that the other party has been acquitted or prosecuted for a different offense.

70
Q

Corporations/Associations

A

If you commit a crime on behalf of your corporation, the corporation is criminally responsible for an offense.

171 BPOA (20 decks)

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