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Flashcards in Chapter 1 Deck (55):
1

What are the general purposes of this code?

establish a system of prohibitions, penalties, and correctional measures.

(PC 1.02)

2

what are the objectives of the Penal Code?

1. Insure the public safety, 

2. definition and grading of offeses.

3. perscribed penalty.

4. safeguard non criminal conduct.

5. To guide and limit official discretion.

6. define scope.

(PC 1.02)

3

How does the Penal code insure the Public Saftey?

A. deter by influence of penalties,

B. The rehabilitation of those convicted.

C. punichment as may be necessary to prevent recurrence of act.

PC 1.02 (1)

4

Why does the penal code define and grade each offense?

To give Fair Warning of what is prohibited and the consequences of act.

PC 1.02 (2)

5

Why does the Penal Code Prescribe Penalties?

so they are proportionate to the seriousness of the offense and permit recognition of differences in rehabilitation possibilities among individual offenders.

PC 1.02 (3)

6

Why does the penal code guide and limit the exercise of official discretion?

to prevent arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses.

PC 1.02 (5)

7

Why does the Penal Code define the scope?

To define the States intrest in law enforcemnet against specific offenses and to systematize the exercise of state criminal jurisdiction.

PC 1.02 (6)

8

What Conduct constiutes an Offense?

Defined by statute, municipal, ordinance, order of a county commissioners court or rule authorized by and lawfully adopted under a statute.

PC 1.03 (a)

9

The Provisions of Titles 1, 2 and 3 apply to what?

They apply to offenses defined by other laws unless the statute defining the offense provideds otherwise; however, the punishment affixed to an offense defined outside this code shall apply unless it is classified in accordance with this code.

PC 1.03 (b)

10

Does the Penal Code effect civil liabilities?

The Penal code does not bar, suspend, or otherwise affect a right to liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this code defines as an offense, and the civil injury is not merged in the offense.

PC 1.03 (c)

11

What is the Jurisdiction of the state for offenses comitted by an actor or another for which he is criminally responsible for?

1. either the conduct or result that is an element of the offense occurs inside this state;

2. The conduct outside this state constitutes an attempt to commit an offense inside this state;

3. the conduct outside this state constitutes a conspiracy to commit an offense inside the state, and an act of furtherence of the conspiracy occurs inside this state;

4. the conduct inside this state constitutes an attmpt, solicitation, or conspiracy to commit or establish criminal responsibility for the commission of and offense in any jurisdiction that is also an offense under the law of this state.

PC 1.04 (A)

12

If the Offense is Criminal Homicide, if the Body is found in this state, what is presumed?

That the offense occurred in this state.

PC 1.04 (b)

13

If the Offense is made by omission to preform a duty by statute of this state is it an Offense if the Actor is not in the state?

No, the Offense is made regardless of the location of the actor.

PC 1.04 (c)

14

What is included in the State to define offenses over?

the land, water and the air space above the loand and water over this state.

PC 104 (d)

15

How Does the Penal Code compute age?

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

PC 1.06

16

Penal Code definition of "ACT"?

a bodily movement, whether voluntary or involuntary, and includes speech.

PC 1.07 (a) (1)

17

Penal Code definition of "Actor"?

A person whos criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "actor."

PC 1.07 (a) (2)

18

Penal Code Definition of "Agency"?

Includes authority, board, bureau, commission, committee, council, department, district, division, and office.

PC 1.07 (a) (3)

19

Penal Code Definition of "Another"?

Means a person other than the Actor.

PC 1.07 (a) (5)

20

Penal Code Definition of "Association"?

Means a government or govermental subdivision or agency, trust, partnership, or two or more persons having joint or common economic intrist.

PC 1.07 (a) (6)

21

Penal Code Definition of "Benefit"?

Means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.

PC 1.07 (a) (7)

22

Penal Code Definition of "Bodily Injury"?

Means Physical pain, illness, or any impairment of physical condition.

PC 1.07 (a) (8)

23

Penal Code definition of "Coercion"?

Means a threat, however communicated:

(A) to commit an offense;

(B) to inflict bodily injury in the future on the person threateded or another;

(C) to accuse a person of any offense;

(D) to expose a person to hatred, contempt or ridicule;

(E) to harm the credit or business repute of any person;

(F) to take or withhold action as a public servand, or to cause a public servant to take or withhold action.

PC 1.07 (a) (9)

24

Penal Code Definition of "Conduct"?

means to act or omission and its accompanying mental state.

PC 1.07 (a) (10)

25

Penal Code Definition of "Consent"?

means to addent in fact, whether express or apparent.

PC 1.07 (a) (11)

26

Penal Code Definition of "Corporation"?

Includes nonprofit corporations, professional associations created pursuant to statute and joint stock companies.

PC 1.07 (a) (13)

27

Penal Code Definition of "Correctional Facility"?

Means a place designated by law for the confinement of a person arrested for, charged with, or convictied of a criminal offense. The term includes:

(A) a municipal or county jail;

(B) a confinement facility operated by TDCJ;

(C) a confinement facilitiy operated under contract with any division of TDCJ;

(D) a community correnctions facility operated by a community supervision and corrections department.

PC 1.07 (a) (14)

28

Penal Code Definition of "Deadly Weapon"?

(A) a firearm or anything manifestly designed, made, or adapted for the purpose of infliction death or SBI;

(B) anything that in the manner of its use or intended use is capable of causing death or SBI.

PC 1.07 (a) (17)

29

Penal Code definition of "Effective Consent"?

Includes consent by a person legally authorized to act for the owner. Consent is not effective if:

(A) induced by force, threat, or fraud;

(B) given by a person the 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 intoxicated is known by the actor to be unable to make reasonable decisions; or

(D) given solely to detect the commission of an offense.

PC 1.07 (a) (19)

30

Penal Code definition of "Electric Generating Plant"?

Means a facility that generates electric energy for distribution to the public.

PC 1.07 (a) (20)

31

Penal Code Definition of "Electric utility substation"?

means a facility used to switch or change voltage in connection with the transmission of electric energy for distrubution to the public.

PC 1.07 (a) (21)

32

Penal Code Definition of "Elements of the Offense"?

(A) the forbidden conduct;

(B) the required culpability;

(C) any required result;

(D) the negation of any exceptions to the offense.

PC 1.07 (a) (22)

33

Penal Code Definition of "Felony"?

means an offense so designated by law or punishable by death or confinement in a penitentiary.

PC 1.07 (a) (23)

34

Penal Code Definition of "Government"?

(A) The State;

(B) A county, Municipality, or political subdivision of the state; or

(C) any bransh or agency of the state, a county, municipality, or political subdivision.

PC 1.07 (a) (24)

35

Penal Code Definition of "Harm"?

Means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.

PC 1.07 (a) (25)

36

Penal Code Definition of "individual"?

means a human being who is alive including an unborn child at every state of gestation from fertilization until birth.

PC 1.07 (a) (26)

37

Penal Code Definition of "Law"?

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

PC 1.07 (a) (30)

38

Penal Code Definitions of "Misdemeanor"?

Means an offense so designated by law or punishable by fine, by confienement in jail, or by both fine and confinrment in jail.

PC 1.07 (a) (31)

39

Penal Code Definitaion of "Oath"?

Includes affirmation.

PC 1.07 (a) (32)

40

Penal Code definition of "Official Proceeding"?

means any type of adminstrative, excutive, legislative, or judicial proceeding that may be conducted before a public servant.

PC 1.07 (a) (33)

41

Penal Code Definition of "Omission"?

Means Failure to Act.

PC 1.07 (a) (34)

42

Penal Code Definition of "Owner"?

Means a person who:

(A) has title to the property, possession of the property, whether lawful or not, or greater right to possession of the property than the actor; or

(B) is a holder in due course of a negotiable instrument.

PC 1.07 (a) (35)

43

Penal Code Definition of "Penal Institution"?

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

PC 1.07 (a) (37)

44

Penal Code Definition of "Person"?

means an individual, corporation, or association.

PC 1.07 (a) (38)

45

Penal Code Definition of "Possession"?

means actual care, custody, control, or management.

PC 1.07 (a) (39)

46

Penal Code Definition of "Public Place"?

means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streetes, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

PC 1.07 (a) (40)

47

Penal Code Definition of "Public Servant"?

Means a person 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:

(A) an officer, employee, or agent of government;

(B) a juror or grand juror;

(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;

(D) an attorney at law or notary public when participating in the perfomance of governmental function;

(E) a candidate for nomination or election to public office;

(F) a person who is preforming a govermental function under a claim of right although he is not legally qualified to do so.

PC 1.07 (a) (41)

48

Penal code definition of "Reasonable Belief"?

Means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

PC 1.07 (a) (42)

49

Penal Code Definition of "Rule"?

Includes regulation

PC 1.07 (a) (44)

50

Penal Code Definition of "Secure Correctional Facility"?

Means:

(A) a municipal or county jail;

(B) a confinement facility operated by or under a contract with any division of the TDCJ

PC 1.07 (a) (45)

51

Penal Code Definition of "Serious Bodily Injury, SBI"?

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. 

PC 1.07 (a) (46)

52

Penal Code Definition of "Sight Order"?

Means 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 by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft.

PC 1.07 (a) (46-a)

53

Penal Code Definition of "Swear"?

Includes affirm

PC 1.07 (a) (47)

54

Penal Code Defenition of "Unlawful"?

Means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.

PC 1.07 (a) (48)

55

Penal Code Definition of "Death"?

Includes for an individual who is an unborn child, the failure to be born alive.

PC 1.07 (a) (49)