Flashcards in Chapter 6 Deck (13):
Must a person voluntarily engage in conduct, including an act, an omission, or possession to commit an offense?
PC 6.01 (a)
When is possession a voluntary act?
Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.
PC 6.01 (b)
is Omission of something in of it self a crime?
No, A person who omits to perform an act does not commit an offense unless a law provides that the omission is an offense or otherwise provides that he has a duty to perform the act.
PC 6.01 (c)
What are the required Mental States that a person must have to commit a Crime?
A person does not commit an offense unless he Intentionally, knowingly, recklessly, or with Criminal Negligence engages in conduct as the definition of the offense requires.
PC 6.02 (a)
If the Defenition of a offense does not rescribe a cupable mental state, does it need one?
Yes, a culpable mental state is required unless the definition plainly dispenses with any mental element.
PC 6.02 (b)
If the definition of an offense does not prescribe a mental state, What mental states will suffice to establish criminal responsibility?
Intent, knowledge, or recklessness.
PC 6.02 (c)
Classify the Mental states according to relative degree from highest to lowest?
4. Criminal Negligence.
PC 6.02 (d)
Does Proof of a higher culpability constitute proof of a lower culpability?
Yes, Proof of a higher degree of culpability than that charged
constitutes proof of the culpability charged.
PC 6.02 (e)
If the Punishable fine exceeds the amount authorized in the Penal Code, can a municipal ordinance or order of county commissioner court dispense with the culpability?
no, An offense defined by municipal ordinance or by order of a
county commissioners court may not dispense with the requirement of a
culpable mental state if the offense is punishable by a fine
exceeding the amount authorized.
PC 6.02 (f)
What is the Penal Code Definition of "Intentionally"?
person acts intentionally, or with intent, 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.
PC 6.03 (a)
What is the Penal Code Definition of "Knowingly"?
A person acts knowingly, or with knowledge, 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. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
PC 6.03 (b)
What is the Penal Code Definition of "Recklessly"?
A person acts recklessly, or is reckless, 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.
PC 6.03 (c)