Penal Code 2019 Flashcards
Study for Exam
1
Q
Insanity
A
At the time of the conduct, the actor, as a result of severe mental disease or defect, did not know the conduct was wrong.
2
Q
Mistake of Fact
A
It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense. The actor may be charged with a lesser included offense of which he would be guilty if the fact were as he believed.
3
Q
Mistake of Law
A
It is no defense that the actor was ignorant of the provisions of any law after the law has taken effect.
It is a affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon: an official statement of law or a written interpretation of law. The actor may still be convicted of a lesser included offense.
4
Q
Intoxication
A
Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried,
Intoxication means the disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
5
Q
Duress
A
It is a affirmative to defense that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.
6
Q
Entrapment
A
It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by law enforcement agent using persuasion or other means likely to cause person to commit the offense.
7
Q
Age affecting criminal responsibility
A
A person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except:
1) perjury or aggravated perjury
2) a violation of a penal statue under Chapter 729, Transportation Code
3) a violation of a motor vehicle traffic ordinance
4) a misdemeanor punishable by fine only
8
Q
Justification as justifiable force
A
Confinement is justified when the force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person has been arrested for an offense.
9
Q
Threats as justifiable force
A
The threat of force is justified when the use of force is justified by this chapter. A threat to cause death or serious bodily injury by the production of a weapon of otherwise, as long as the actor’s purpose is limited to creating an apprehension that the will use deadly force if necessary.
10
Q
Reckless injury of innocent third person
A
If the actor that uses deadly force recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in prosecution for the reckless injury or killing of the innocent third person.
11
Q
Public Duty
A
Conduct is justified if the actor reasonably believes the conduct is required or authorized by law or by the judgment or order of a competent court or other governmental tribunal.
12
Q
Necessity
A
Conduct is justified if the actor reasonably believes the conduct is immediately necessary to avoid imminent harm.
13
Q
Self Defense
A
A person is justified in using deadly force against another when and to the degree the actor reasonably believes the force is necessary to protect the actor against the others use or attempted use of unlawful force.
14
Q
Deadly force in defense of person
A
A person is justified in using deadly force against the other when and to the degree the actor reasonably believes the deadly force is immediately necessary to protect the actor against the other’s use of unlawful deadly force or prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, robbery or aggravated robbery.
15
Q
Defense of third person
A
A person is justified in using deadly force against another to protect a third person if the actor reasonably believes the actor would be justified in using deadly force to protect himself against unlawful force.
16
Q
Deadly force to protect property
A
A person is justified in using deadly force against another to protect land or tangible, movable property-if he would be justified in using force against the other under section 9.41.
17
Q
Arrest and search
A
A peace officer is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest.-the actor believes the arrest is lawful.
18
Q
Class A Misdemeanor
A
not to exceed 1 year and $4000 fine
19
Q
Class B Misdemeanor
A
not to exceed 180 days and $2,000 fine
20
Q
Class c Misdemeanor
A
not to exceed $500 dollars
21
Q
Capital Felony
A
life, if the individual committed the offense when younger than 18 years of age or life without parole, if the individual committed the offense when 18 years of age or older.
-a sentence of life imprisonment is mandatory on conviction of the capital felony.
22
Q
First Degree Felony
A
5 to 99 years and $10,000 fine
23
Q
Second degree Felony
A
2 to 20 years and $10,000 fine
24
Q
Third Degree Felony
A
2 to 10 years and $10,000 fine
25
State Jail Felony
180 Days to 2 years and $10,000 fine
26
Enhancements
charges may be enhanced for repeated convictions.
27
Unlawful restraint
intentionally and knowingly retains another person by -force, intimidation or deception-m it is ok if the child is less than 14 and the person is a parent or guardian- Class A Misdemeanor
28
Kidnapping
intentionally and knowingly abducts another person by secreting holding the victim in a place where victim not likely to be found or using or threatening to use deadly force.
3rd degree felony
29
aggravated kidnapping
holding victim for ransom or reward or using the victim as a shield or hostage -
1st degree felony
30
smuggling of persons
with intent to obtain a monetary fee, knowingly transports a person with intent to conceal the person from a a police officer special investigator or flee from police officer or special investigator.
3rd Degree felony
31
continuous smuggling of persons
A person commits an offense if during 10 or more days engages two or more times in the offense
2nd degree felony
32
trafficking of persons
knowingly traffics another person with the intent that the trafficked person engage in forced labor services.
2nd degree felony
33
continuous sexual abuse of child
during a period of 30 or more days, commits 2 or more acts of sexual abuse against one or more children under the age of 14.
1st degree felony
34
public lewdness
engages in sexual intercourse, deviate sexual intercourse or sexual contact in a public place.
Class A Misdemeanor
35
Indecent exposure
intentionally and knowingly exposes actor's anus or any part of actor's genitals with intent to arouse or gratify the sexual desire of any person and is reckless about whether another person is present who will be offended or alarmed by the act.
Class B Misdemeanor
36
Bestiality
has sexual contact with an animal by mouth, anus or genital or fondling or improperly touching an animal's anus or genitals(even through clothing) or causing an animal to contact seminal fluid or inserting an object or a person's genital's into the anus or genitals of animal.
State jail felony
37
Indecency with a child
with a person under 17yoa, whether or not actor knows the child's age, intentionally and knowingly with intent to gratify or arouse the sexual desire of any person, engages in sexual contact with the child
2nd degree felony
exposes actor's anus or any part of actor's genitals' knowing the child is present
3rd degree felony
38
Improper relationship between educator and student
person who is an employee of a primary of or secondary school, engages in sexual contact, intercourse, deviate sexual intercourse, or solicitation of child regardless of age, with a student
2nd degree felony
39
Invasive visual recording
a person intentionally invades a person' privacy without consent records or transmits visual image of person' intimate part - in a bathroom or changing room or in a place other person had reasonable expectation of privacy.
State jail felony
40
voyeurism
With intent to arouse or gratify sexual, he observes another without consent
Class C misdemeanor
41
Sexual Coercion
intentionally and knowingly threatens or by coercion or extortion threatens to commit an offense or not commit a threatened offense or in connection with the threatened offense obtain any of the following benefits- intimate visual material or an act involving sexual conduct causing arousal or gratification or a monetary benefit or other benefit of value.
State jail felony
42
assault
a person intentionally or knowingly or recklessly causes bodily injury to another, including the actor's spouse
Class a misdemeanor
43
Assault by threat
person intentionally or knowingly threatens another with imminent bodily injury.
Class C misdemeanor
44
Assault by contact
person intentionally or knowingly causing physical contact with another when the actor knows or should reasonably believe that the other will regard contact as offense or provocative.
Class C Mideemanor
45
Sexual assault
person intentionally or knowingly by any means causes the penetration of mouth, anus, or female sexual organ or another person or causes the sexual organ of another person to contact or penetrate the mouth, anus, or sexual organ of another person including actor without the person consent by using physical force or violence or threatened use of force.
2nd degree felony
46
Aggravated assault
person commits an assault and causes serious bodily injury to another including actor's spouse or uses of exhibits a deadly weapon.
2nd degree felony
47
Aggravated sexual assault
in the midst of sexual assault, the actor causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode.
1st degree felony
48
Injury to child, elderly or disabled individual
person knowingly, intentionally , recklessly or with criminal negligence cause serious bodily injury , serious mental deficiency, impairment or injury or bodily injury to a child under 15yoa, an elderly individual over 64yoa, a disabled person with mental illness older than 14yoa who is unable to protect himself/herself from harm.
1st degree felony to state jail felony
49
Abandoning or endangering a child
person intentionally abandons a child under 15yoa under circumstances that expose child to risk or harm or
intentionally, knowingly , recklessly or with criminal negligence, by act or omission placed a child under 15yoa in imminent danger of death, bodily injury, or pysical or mental impairment.
2nd degree to state jail felony
50
Deadly conduct
A person recklessly engages in conduct by placing another in imminent danger or serious bodily injury.
Class a misdemeanor
discharges a firearm in the direction of individual, habitation, building, people and is reckless about whether it is occupied
3rd degree felony
51
Terroristic threat
```
a person intentionally or knowingly threatens to commit an offense involving violence to any person or property with the intent to cause a reaction or place a person in fear of imminent serious bodily injury or prevent or interrupt the occupation of a building.
Class A or class B misdemeanor
```
52
Aiding in suicide
person with intent to promote or assist the commission of suicide, aids or attempts to aid another to commit or attempt to commit.
Class C Misdemeanor
Successful attempt
State jail felony
53
Tampering with consumer products
person intentionally or knowingly tampers with consumer product by altering or adding a foreign substance to consumer product to make it probable that consumer product will cause serious bodily injury.
2nd degree felony is serious bodily injury or death
threat or causes fear, affects sale or causes bodily injury.
3rd degree felony
54
Leaving child in a vehicle
intentionally and knowingly leaves a child under 7 yoa unattended in vehicle longer than 5 minutes.
Class C misdemeanor
55
Harassment by person in certian facilities
A prisoner with intent to annoy, harass or alarm, causes another to contact the blood, seminal fluid, urine, or feces of any person.
3rd Degree Felony
56
Bigamy
Actor is legally married and purports to marry another or lives with another under the appearance of being married.
3rd Degree felony
57
Prohibited Sexual conduct
A person intentionally and knowingly engages in sexual intercourse or deviate sexual intercourse with a person whom the actor knows to be-a stepchild or stepparent or a parent's brother or sister or a brother or sister by adoption or a child of the actor's aunt or uncle.
3rd Degree Felony
A parent or grandparent or child or grandchild
2nd Degree felony
58
Interference with Child custody
A person intentionally or knowingly takes or retains a child under 18 years of age when the actor knows the taking or retention violates the express terms of an order of a court disposing of the child custody.
State jail felony
59
Agreeing to abduct a child from custody
A person intentionally or knowingly agrees to abduct a child under 18yoa by force, threat of force, misrepresentation, stealth, or unlawful entry for remuneration or promise of remuneration, knowing the child is under control or custody of another having possession under a court order.
State jail felony
60
Enticing a child
A person with intent to interfere with the lawful custody of a child under 18yoa, intentionally and knowingly entices, persuades or takes the child from the custody of the parent or guardian.
Class B Misdemanor
Actor intended to commit a felony against the child.
3rd degree felony
61
Criminal non-support
A person intentionally and knowingly fails to provide support for the person's child.
State jail felony
62
Harboring a Runaway child
A person intentionally or knowingly harbors a child and is criminally negligent about whether the child is under 18 yoa, or when the child has escaped from custody of peace officer , probation officer of TYC.
Class A misdemeanor
63
Violation of Protective Order
A person intentionally or knowingly violates the terms of an order under authority of Section 6.08 CCP.
Class A Misdemeanor
64
Selling or purchasing a child
A person intentionally or knowingly possesses or has custody, conservatorship, or guardianship of a child under 18yoa and offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another or for the possession of the child by another.
3rd degree felony
65
Unregulated custody transfer of adopted child
A person , acting as a parent, managing conservator, or guardian, intentionally or knowingly transfers or facilitates the transfer of permanent physical custody of child, to a person who is not the child's relative without prior court approval.
3rd degree felony
66
Advertisement for placement of child
A person intentionally advertises in public media that actor will place, provide or obtain a child for adoption or any other form of permanent physical custody.
Class a misdemeanor
67
Interference with the rights of guardian of the person
A person knowingly or intentionally conceal a ward from the guardian or the person.
State jail felony
68
Continuous Violence against the family
A person during a period of 12 months or less, commits two or more acts of assault against one or more family members.
3rd degree felony
69
Arson
A person intentionally or knowingly starts a fire or causes an explosion with intent to damage or destroy a building, habitation, vehicle, vegetation, fence, or structure on open-space land.
2nd degree felony
70
Criminal mischief
```
A person commits an offense is he intentionally or knowingly damages or destroys the tangible property of the owner or causes pecuniary loss or substantial inconvenience to the owner or makes markings, drawings on the tangible property of the owner.
Offence depends on the value of loss
less than $100 - Class C
$100 - $750 - Class B
$750 - $2,500 - Class A
$2,500 - $30,000 - State jail Felony
$30,000 - $150,000 - 3rd Degree
$150,000 - $300,000 - 2nd Degree Felony
$300,000 or more - 1st Degree Felony
```
71
Reckless damage
A person recklessly damages or destroys property without the owners consent.
Class C Misdemeanor
72
Graffiti
A person intentionally or knowingly with paint, indelible marker, or etching or engraving device, without the consent of the owner, makes markings, slogans, drawings or painting on the tangible property of the owner.
Offense depends on value
73
Robbery
A person, in the course of committing theft, and to obtain and maintain control of property, intentionally, knowingly, or recklessly causes, threatens or places another in fear of imminent bodily injury or death.
2nd Degree Felony
74
Aggravated Robbery
also causes serious bodily injury to another person, uses or exhibits a deadly weapon or causes, threatens, or places in fear of imminent bodily injury or death a person over 64 yoa or disabled.
1st Degree Felony
75
Burglary
A person intentionally or knowingly enters a habitation, building not then open to public wit the intent to commit , attempts, or does commit a felony, an assault or theft.
State jail felony -Building other than habitation
2nd Degree Felony - Habitation
76
Burglary of Coin-Operated machine
A person, without the owners consent, intentionally and knowingly breaks into or enters any coin-operated machine.
Class A Misdemeanor
77
Burglary of vehicle
A person intentionally or knowingly breaks into or enters a vehicle or any part of the vehicle.
Class A Misdemeanor
78
Criminal Trespass
A person enters or remains on agricultural land of another and had notice that entry was forbidden and was within 100 feet of the boundary when apprehended.
Class C Misdemeanor
Entered or remains on the property of another after having notice that entry was forbidden and after receiving notice to depart, fails to do so.
Class B Misdemeanor.
79
Trespass by License Holder with an Openly Carried Handgun
A person intentionally and knowingly carries handgun and received notice that entry on premises by license holder with openly carried handgun was forbidden or remained on property with openly carried handgun was forbidden and failed to depart.
Class C Misdemeanor
80
Theft
A person intentionally and knowingly appropriates property and exercising control over property
Offense depends on value of property
81
Receiving and Concealing Property
A person intentionally and knowingly acquires or exercises control over property stolen from another person, knowing said property was stolen.
82
Theft of service
with intent to avoid payment for services the actor knows is provided for compensation, he intentionally and knowingly secures performance of a service by deception, threat or false token.
Offense depends on the amount of theft.
83
Unauthorized use of vehicle
A person intentionally and knowingly operates a boat, airplane, or motor propelled vehicle belonging to another with the effective consent of the owner.
State Jail felony
84
Tampering with Identification numbers
A person intentionally and knowingly removes, alters, or obliterates the serial number or other permanent identification markings on tangible personal property or possesses, sells, or offers to sell tangible personal property knowing he permanent identification markings has been removed, altered, or obliterated.
Class A Misdemeanor
85
Tampering or theft of Multichannel video or Information Services
A person intentionally and knowingly makes or maintains a connection, attaches, or maintains an attachment to a cable or tampers with, modifies, or maintains a modification to a device installed by the provider.
Class C Misdemanor
86
Possession, manufacture, or Distribution of Items Used to commit Theft
A person, with the intent to use the instrument to commit theft, possesses a shielding or deactivation instrument or knowingly manufactures, sells, offers for sale or otherwise distributes same.
Class A Misdemanor
87
Organized Retail Theft
A person intentionally conducts, promotes, or facilitates an activity where a person receives, possesses, conceals, stores, barters, sells, or disposes of stolen merchandise of that which is explicitly represented as stolen.
88
Forgery
A person intentionally and knowingly alters, makes, completes, executes, authenticates, issues, transfer, registers the transfer of, passes, publishes, utters, or possesses with intent to pass so that it purports to be the act of another not authorized, executed at a time or place or in numbered sequence other than the fact or a copy of the original does not exist. With intent to harm another.
State Jail Felony
89
Criminal Solicitation
A person with intent to defraud another intentionally and knowingly makes or alters an object so that it appears to have value because of age, antiquity, source, or authorship or possesses with intent to sell, pass, or utter an object so made or altered.
Class A Misdemeanor
90
Trademark Counterfeiting
A person intentionally manufactures or displays an items that bears a counterfeit mark or the person knows or should have known bears or is identified by a counterfeit mark,
Offense based on value
91
Stealing or Receiving a Stolen check
A person steals an unsigned check or other sight order with intent to use it, sell it, or transfer it to a person other than the victim.
Class A Misdemeanor
92
Credit or Debit Card Abuse
A person intentionally or knowingly presents or uses a card with knowledge that card has not been issued to him and is not used with effective consent of the cardholder or has been expired, revoked or canceled/
State Jail felony
93
Using a Fictitious card
A person intentionally and knowingly uses a fictitious card, pretended number, description of a fictitious card.
State Jail felony
94
Stealing or Receiving card
A person intentionally and knowingly steals card or receives card knowing it has been stolen with intent to use, sell or transfer to a person other that issuer or cardholder.
State Jail felony
95
Possesses card
A person possesses a card of another without consent with the intent to use it.
State Jail Felony
96
Falsifying Statement to Obtain Property or Credit
A person intentionally and knowingly makes material false or misleading written statement to obtain property or credit for oneself or another.
Offense is determined by amount
97
Fraudulently transferring a motor vehicle
A person who intentionally and knowingly transfers vehicle without obtaining released while knowing the vehicle is subject to lien or dispose of vehicle while intending to harm owner or arranging transfer of vehicle while refusing to disclose location of vehicle to owner, lender or lienholder.
Class A Misdemeanor
98
Credit Card laundering
An authorized vendor present for payment to a creditor a credit card transaction not made by the vendor.
penalty based on value
99
Issuing a Bad Check
A person intentionally and knowingly issues or passes a check or similar sight order 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
100
Deceptive Business Practies
A person intentionally, knowingly , recklessly or with criminal negligence uses, sells, or possesses for use or sale false weight, false measure, or any other device for falsely determining or recording any quality of quantity.
Class A Misdemeanor
101
Commercial Bribery
A fiduciary intentionally and knowingly solicits, accepts, or agrees to accept any benefit from another person on agreement or understanding that the benefit will influence the conduct of the fiduciary in relation to the affairs of his beneficiary.
State Jail Felony
102
Illegally recruiting an athelete
A person intentionally and knowingly solicits, accepts, or agrees to accept any benefit to play collegiate athletics for the institution.
Penalty based on value
103
Misapplying Fiduciary Property or Property of a Financial Institution
A person intentionally, knowingly, or recklessly misapplies property when he holds as a fiduciary of a financial institution in a manner that involves substantial risk of loss to owner of property or person for whose benefit property is held.
Penalty based on value
104
Fraudulently Destroying, Removing, or Concealing Writing
A person intentionally and knowingly destroys, removes, conceals, alters, substitutes, or otherwise impairs verity, legibility, or availability or writing other than governmental record.
Class A Misdemeanor
105
Simulating legal Process
A person recklessly causes delivery of document that simulates a summons, complaint, judgement or other court process ti induce payment for claim, cause another to submit to putative authority of document or take or refrain from taking action in compliance or on basis of the document
Class A Misdemeanor
106
Fraudulent Use or Possession of Identifying Information
A person intentionally and knowingly obtains, possesses, transfers, or uses information of another without that person's consent with the intent to harm or defraud another.
State Jail Felony
107
Fraudulent, Substandard, or Fictitious Degree
A person possesses a fraudulent, substandard, or Fictitious degree with the intent to obtain a job, professional license, raise or promotion or paid or unpaid supervisory position in government.
Class B Misdemeanor
108
Exploitation of Child, elderly person or Disabled Individual
A person intentionally, knowingly or recklessly causes exploitation of a child under 15yoa, an elderly person over 64yoa, a disabled individual older than 14yoa who is unable to protect himself from hard or provide food.
3rd Degree Felony
109
Fraudulent Military Record
A person knowingly uses or claims a military record which is fraudulent, fictitious or revoked to obtain a benefit.
Class a Misdemeanor
110
Breaching Computer Security
A person who knowingly accesses a computer, a computer network, or a computer system without the consent of the owner.
Penalty based on value
111
Online Solicitation of Minor
A person with intent to commit -
continuous sexual abuse with a young child
-Indecency with a child
-sexual assault
-aggravated sexual assault
-prohibited sexual conduct
-possession or promotion of child porn
-trafficking of persons involving certain sexual conduct
or uses the internet to communicate with minor or to distribute sexually explicit material to a minor.
3rd Degree Felony
A minor under 14 yoa
2nd Degree Felony
112
Internet Impersonation
A person who intentionally and knowingly creates a commercial social networking site without the consent of the named person with the intent to harm, intimidate or threaten any person.
3rd Degree Felony
113
Theft of Telecommunications Service
A person knowingly obtains, or attempts to obtain telecommunications service to avoid lawful charge of service by using access without authority or consent of subscriber or lawful holder of device.
114
Tampering with a Voting Machine
A person knowingly accesses any part of a DRE voting machine system and does the following- prevents a person from lawfully casting a vote
-changing a legally cast vote
-prevents a legally cast vote from being counted
-causes a vote not legally cast to be counted
1st Degree Felony
115
Money Laudering
Person knowingly acquires or maintains an interest in those proceeds, or receives, conceals, possesses, transfers, or transports those proceeds or conducts or supervises.
Penalty based on value
116
Bribery
A person intentionally and knowingly offers, confers, agrees to confer, solicits, accepts, or agrees to accept
-any benefit as consideration for the recipients decision, opinion, recommendation, vote or other exercise of discretion as a public servant.
-any benefit as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion in a judicial proceeding or
-any benefit for violating a duty impose by law on a public servant or party official.
2nd Degree Felony
117
Coercing a Public servant or voter
A person intentionally and knowingly unlawfully influences or attempts to influence a public servant to exercise of his official power, perform his official duty in a specific way or to violate his known legal duty.
Class A Misdemeanor
118
Improper Influence
A person privately communicates with a public servant with intent to influence his decision in a adjudicatory proceeding.
Class a Misdemeanor
119
Tampering with a witness
A person intentionally and knowingly offer, confers, or agrees to confer a benefit on or coerces a witness or prospective witness in an official proceeding to testify falsely or withhold any testimony, information, document or thing, or elude legal process summoning him to testify or supply evidence or abstain from, discontinue or delay prosecution of another.
120
Obstruction or Retaliation
A person intentionally and knowingly harms or threatens to harm another by an unlawful act in retaliation or on account of service or status as a public servant, witness, informant, or person who has or intends to report a crime. or
-to prevent or delay the service of a public servant, witness, informant, or person who has or intended to report a crime.
3rd Degree Felony
121
Acceptance of Honorarium
A public servant intentionally and knowingly solicits, accepts, or agrees to accept an honorarium- which would not have been provided except for his position.
Class A Misdemeanor
122
Offering gifts to Public Servant
A person intentionally and knowingly offers, confers, or agrees to confer a benefit on a public servant knowing the public servant is prohibited from accepting the benefit.
Class A Misdemeanor
123
Perjury
a person with intent to deceive, intentionally and knowingly makes a false statement under oath or swears to a false statement previously made when the law authorized or required the statement to be made under oath or it was an unsworn statement made under chapter 132 civil practice and remedies code.
Class A Misdemeanor
124
Aggravated Perjury
A person makes a false statement or swears to a materially false statement previously made during or in connection with an official proceeding with knowledge of the statement's meaning.
3rd Degree Felony
125
Falsifying a Report to a Peace Officer
A person knowingly makes a false statement to a peace officer conducting an investigation or an employee of law enforcement agency authorized to conduct an investigation and the actor knows employee is conducting the investigation.
Class B Misdemeanor
126
False Report Regarding a Missing Child or Person
A person knowingly makes a false report about a missing child or person.
Class C Misdemeanor
127
Tampering with or Fabricating Physical Evidence
A person knowing an investigation or official proceeding is pending or is in progress knowingly alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding.
2nd Degree
or
makes, presents, or uses any record, document, or thing with knowledge of its falsity. or
makes a false entry in or alteration of a governmental record with intent to defraud or harm another.
State Jail Felony
128
Impersonating a Public Servant
A person intentionally and knowingly impersonates a public servant with intent to induce another to submit to his pretended official authority or rely upon his pretended official acts.
3rd Degree Felony
129
False Identification as a Peace Officer
A person intentionally and knowingly makes, possesses, or provides to another person a card or document or a vehicle that nears the insignia of a law enforcement agency or an insignia that contains the word "police" that identifies the person as a peace officer.
Class B Misdemeanor
130
Failure to Identify
A person intentionally refuses to give his name, residence, or date of birth to a peace officer who has lawfully arrested the actor and requested the information.
Class C Misdemeanor
a person giving false and fictitious name, residence, or date of birth to a peace officer who has lawfully arrested the person, lawfully detained the person or has good cause to believe actor is a witness to a criminal offense.
If the person is a fugitive from justice, the offense is one grade higher.
Class B Misdemeanor
131
Resisting Arrest or Search
A person intentionally prevents or obstructs a person who he knows is a police officer and is acting in a peace officers presence and at his direction. from effecting an arrest or search of the actor by another by using force against peace officer or another.
Class A Misdemeanor
Using a deadly weapon
3rd Degree Felony
132
Evading Arrest
A person intentionally flees from a peace officer with knowledge he is a peace officer while the peace officer is attempting to lawfully arrest or detain him.
Class A Misdemeanor
Using a vehicle
3rd Degree Felony
Causes serious bodily injury tire deflation device while in flight or another suffers death as a result of the officers attempt to apprehend actor
2nd Degree Felony
133
Hindering Apprehension or Escape
A person with intent to hinder the arrest, prosecution, conviction or punishment of another harbors or conceals the other, or provided or aids in providing the other with any means of avoiding arrest and effecting escape or warns the other of impending discovery and apprehension.
Class A Misdemeanor.
134
Escape
A person intentionally and knowingly escape from custody when under arrest for, charged with, or convicted of an offense or in custody pursuant to a lawful order of the court.
135
Permitting or Facilitating Escape
An official or employee of a correctional facility knowingly permits of facilitates escape of another while the other is in custody.
Class A Misdemeanor
Knowingly causes of facilitates escape of another who is in custody for an allegation of adjudication or delinquency or involuntary illness or chemical dependency.
Class A Misdemeanor
136
Bail jumping and Failing to Appear
A person released from custody intentionally and knowingly fails to appear in accordance with terms in his release.
Class C Misdemeanor- fine
Felony - 3rd Degree Felony
137
Prohibited Substance and item in Correctional Facility
A person intentionally and knowingly provides or possesses with the intent to provide an alcoholic beverage, controlled substance or dangerous drug, a deadly weapon, a cigarette, tobacco product or money, cellphone to an inmate of a correctional facility.
3rd Degree Felony
138
Improper Contact with Victim
A person knowingly and intentionally contacts a victim who was under 17yoa at the time of the crime. without legal permission and the actor is confined in a correctional facility charged with reportable sexual offense.
Class A Misdemeanor
Contact after conviction
3rd Degree Felony
139
Barratry
A person knowingly institutes a suit or claim that he has not been authorized to pursue or pays, gives, advances or offers money or anything of value to a prospective client or family member to obtain employment as a professional.
3rd Degree Felony
140
Falsely Holing out Oneself Out as an Attorney
A person, with intent to obtain an economic benefit represents oneself to be a lawyer while not currently license and in good standing.
3rd Degree Felony
141
Taking A Weapon from an Officer
A person intentionally and knowingly with force, takes a firearm, nightstick, mace or a stun gun from a peace officer, parole officer, community supervision or corrections officer or commissioned security officer with intent to harm peace officer or another.
3rd Degree Felony
142
Interference with Public Duties
A person with criminal negligence interrupts, disrupts, impedes, or interferes with a peace officer, emergency medical personnel, animal control officer, firefighter, or public health or safety officer while performing their duty. Speech is not a crime.
Class B Misdemeanor
143
Interference with Police Service Animals
A person recklessly taunts, torments, or strikes at such animal.
Class C Misdemeanor
if actor throws an object or substance at such animal.
Class B Misdemeanor
Interferes with or obstructs such animal or interferes with or obstructs the handler or rider in controlling the animal.
Class A Misdemeanor
144
Interference with Governmental Radio Frequency
A person interrupts, disrupts, impeded the radio frequency used by law enforcement.
Class A Misdemeanor
145
Preventing Execution of Civil Process
A person intentionally or knowingly prevents the execution of any process in a civil cause.
Class C Misdemeanor
146
Failure to Stop or Report Aggravated Sexual Assault of a Child
A Person observes the commission or attempted commission of aggravated sexual assault of a child or continuous sexual abuse and fails to assist the child or fails to report it.
Class A Misdemeanor
147
Failure to Report Felony
A person observes the commission of a felony in which serious bodily injury or death may have resulted and fails to immediatley report it.
Class A Misdemeanor
148
Abuse of Official Capacity
A Public Servant intentionally or knowingly violates a law relating to his office of employment.
Class A Misdemeanor
149
Official Oppression
A Public Servant , acting under color of office intentionally subjects another to mistreatment, arrest, detention, search, seizure, disposition, assessment, or lien.
150
Sexual harassment- public servant
A public servant intentionally subjects another to sexual harassment.
151
Violation of the Civil Rights of a Person in Custody
A peace officer, official, or employee of a correctional facility , or juvenile facility intentionally denies or impedes a person in his custody in the exercise r enjoyment of any rights, priviledge, or immunity.
Class A Misdemeanor.
152
Improper Sexual Activity with Person in Custody
A Peace Officer, official, or employee of a correctional facility who intentionally engages in sexual contact, sexual intercourse or deviate sexual intercourse with an individual in custody or in a juvenile facility or employs, authorizes, or induces the individual to engage in sexual conduct or sexual performance.
State Jail Felony
Victim is a juvenile
2nd Degree Felony
153
Misusing Official Information
A person intentionally or knowingly acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise affected by the information.
3rd Degree Felony
154
Disorderly Conduct
A person in a public place
-uses abusive, indecent, profane, or vulgar language which tends to incite an immediate breach of the peace.
-creates an obnoxious and unreasonable odor
-abuses or threatens another person in an offensive manner
-make unreasonable noise in a public place near a private residence
-fights with another
-exposes his anus or genitals
-looks into a dwelling through a window or other opening, or restroom or shower of another person
Class C Misdemeanor
155
Discharging a Firearm
A person intentionally and knowingly discharges a firearm or deadly weapon on a road or in a public place other than a shooting range, or
displays a firearm or deadly weapon in a public place in a manner calculated to alarm.
Class B Misdemeanor
156
Rioting
A person participates in assemblage of seven or more person and creates an immediate danger of damage to property or injury to person and substantially obstructs law enforcement, by force, threat of force, or physical action disturbs any person of a legal right.
Class B Misdemeanor
157
Obstructing a Highway or Other Passageway
A person obstructs any passageway accessible to the public used for passage of person, vehicle, or conveyances.
Class B Misdemeanor
158
Disrupting a Funeral
A person engages in picketing a funeral service from 3 hours before to 3 hours after within 1000 feet.
Class B Misdemeanor
159
False Alarm or Report
A person initiates, communicates, circulates, or broadcasts a report of a present, past, or future bombing, fire, offense or other emergency, which knowing it to be false or baseless and that it would ordinarily cause action by an official or volunteer agency organized to deal with emergencies.
State Jail Felony
160
Silent or Abusive Calls to 911 Service
A person calls 911 and remains silent or makes abusive or harassing statements.
Class B Misdemeanor
161
Interference with Emergency Electronic Communication
A person prevents or interferes with another's placement of an emergency electronic communication, or another's request for assistance in an emergency from a law enforcement agency, medical facility or other agency providing for safety of individuals, or makes the phone unusable to call for emergencies.
Class A Misdemeanor
162
Harassment
A person intentionally with intent to harass, annoy, alarm, abuse, torment or embarrass initiates communication by any means with another person and in the course of the communication makes an obscene comment, request, suggestion or proposal, or threatens to inflict serious bodily injury to commit a felony against another person- by telephone or in writing or causing the telephone to ring repeatedly which would like harass or annoy a person.
163
Stalking
A person , on more than one occasion, knowingly engages in conduct- the actor knows or reasonably believes the other person will regard as threatening or causes other person or a member of the family or household member to be in fear of one or the following - bodily injury or death.3rd Degree Felony
164
Abuse of Corpse
Corpse means the ashes or any part of one. A person knowingly disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in a seriously offensive manner a corpse or conceals the corpse.
State Jail Felony
165
Cruelty to Livestock Animals
include- cattle, sheep, swine for human consumption
A person seriously overworks, or fails unreasonably to provide necessary food, care, or shelter for one in his custody.
Class A Misdemeanor
administers poison to livestock or causes them to fight, trips a horse or tortures the livestock.
State Jail Felony
166
Attack Assistance Animal
A person permits an animal he owns or has custody of to attack, injure or kill an assistance animal.
Attack-Class A Misdemeanor
Injure-State Jail Felony
Kill-3rd Degree Felony
167
Cruelty to Non-livestock Animals
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include-dog, cats
A person causes bodily injury without the owner consent or fails unreasonably to provide necessary food, water, care shelter for one in his custody.
Class A Misdemeanor
Kills
3rd Degree Felony
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168
Dog Fighting
A person intentionally and knowingly causes a dog to fight another dog.
State Jail Felony
169
Cock Fighting
A person causes a cock to fight another cock and participates in the earnings of or operates a facility used for cock fighting.
State Jail Felony
170
Destruction of a Flag
A person defaces, mutilates, or burns a flag of the Unites states or the State of Texas. Class A Misdemeanor
171
Discharging a Firearm in Certain Municipalities
A person recklessly discharges a firearm in a municipality having a population of 100,000 or more.
Class A Misdemeanor
172
Use of Laser Pointer
A person directs a light from a laser pointer at a uniform safety officer, peace officer, security guard, firefighter, EMS worker, or other uniformed municipal, state or federal worker.
Class C Misdemeanor
173
Illumination of Aircraft by Intense Light
A person directs a light at an aircraft with sufficient intensity to impair control of aircraft.
Class C Misdemeanor
174
Prostitution
A person offers to engage, agrees to engage, or engage in sexual conduct for a fee.
Class B Misdemeanor
175
Soliciting for Prostitution
A person solicits another in a public place to engage with actor in sexual conduct for a fee.
Class B Misdemanor
176
Promoting Prositution
A person receives money or other profit pursuant to an agreement to participate in the proceeds of prostitution.
Class A Misdemeanor
177
Aggravated Promotion of Prostitution
A person owns, invest, finances, controls, supervises, or manages a prostitution enterprise using tow or more prostitutes
2nd Degree Felony
178
Obscene Displaying or Distributing
A person displays or distributes an obscene photograph, drawing, similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.
Class C Misdemeanor
179
Obscenity
A person intentionally and knowingly possesses with the intent to wholesale promote any obscene material or device.
State Jail Felony
180
Selling, distributing, or Displaying Material Harmful to a Minor
A person intentionally sells, distributes, exhibits, or possesses with intent to sell, distribute or exhibit material harmful to a mino, or displays material and is reckless about whether a minor is present who will be offended or alarmed by the display.
Class A Misdemeanor
181
Sexual Performance by a Child
A parent, legal guardian, or custodian of a child under 18yoa consents to participation by the child in a sexual performance.
2nd Degree Felony
under 14yoa
1st Degree Felony
182
Unlawfully Carrying a Weapon
A person intentionally, knowingly, or recklessly carries on or about his person a handgun or club.
Class A Misdemeanor
On premises licensed or issued a permit by the state for the sale or service of alcoholic beverages.
3rd Degree Felony
183
Carrying a Weapon in a Place Where Possession is Prohibited
A person possess or goes on the premises of school or educational institution, polling place, government court offices, race track, secure area of airport or state mental hospital, while carrying a firearm, location restricted knife, club, or prohibited weapon.
3rd Degree Felony
184
Unlawfully carrying a Handgun by License Holder
a person who is a license holder intentionally displays handgun to another in a public place.
Class A Misdemeanor
185
Unlawful Possession of a Firearm
A person who has been convicted of a felony intentionally possesses a firearm anywhere within 5 years of person's release or away from home more than 5 years after person release.
3rd Degree Felon
or by a person convicted of family violence Class A Misdemeanor
186
Possession of Body Armor
A person intentionally and knowingly possess metal or body armor or something designated or adapted to protect a person from gunfire.
3rd Degree Felony
187
Prohibited Weapons
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A person possesses, manufactures, transports, repairs, or sells the following:
-Explosive weapon
-machine gun
-short-barrel firearm
-armor-piercing ammunition
-chemical dispensing device
-Zip gun
-IED
State Jail Felony
Tire deflation device
Class A Misdemeanor
knuckles
```
188
Unlawfully Transferring a Firearm
A person sells, rents, leases, loans, or gives a handgun to another knowing the person to whom the handgun is delivered intends to use it for commission of am unlawful act.
Class A Misdemeanor
189
Hoax bomb
A person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to make another believe that it is real or cause alarm or reaction.
Class a Misdemeanor
190
Possessing Components of an Explosive
A person possesses components of an explosive weapon with intent to combine the components for use in a criminal endeavor.
3rd Degree Felony
191
Deadly Weapon in a Penal Institution
A person int, knowing and recklessly, while in a penal institution carries on or about actor's person or possesses or conceals in the penal institution, a deadly weapon.
3rd Degree Felony
192
Making a Firearm Accessible to a Child
A person with criminal negligence fails to secure a firearm to prevent a child from gaining access or leaves a firearm in a place to which the person knew or should have known a child would gain access.
Class C Misdemeanor
If child discharges firearm and causes death or serious injury to himself or another person.
Class A Misdemeanor
193
Firearm Smuggling
A person knowingly engages in the business of transporting or transferring a firearm.
3rd Degree Felony
194
Gambling
A person intentionally and knowingly makes a bet on partial or final result of a game or contest or performance of a participant in a game of contest or result of any political nomination, appointment, or election or plays and bets for money or other things of value at any game played with cards dice, or balls.
Class C Misdemeanor
195
Keeping a Gambling Place
A person knowingly rents or lets any real estate, building, room tent, vehicle, boat, or other property whatsoever owned by the actor or under actor's control with intent to communicate information as to bets, betting odds, or changes in betting odds.
Class A Misdemeanor
196
Possessing a Gambling Device
a person knowingly owns, manufactures, transfers, or possesses gambling device, gambling equipment or subassembly or essential part of a gambling device.
Class A Misdemeanor
197
Possession of Alcoholic Beverage in Motor Vehicle
A person knowingly possesses an alcoholic beverage in an open container in a passenger section of a motor vehicle not used to transport person for compensation or a motor home located on a public highway.
Class C Misdemeanor
198
Driving While Intoxicated
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a person operates a motor vehicle in a public place while intoxicated.
Class B Misdemeanor
second offense
Class a Misdemeanor
third offense
3rd Degree Felony
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199
Driving While Intoxicated with Child Passenger
A person operates a motor vehicle in a public place while intoxicated and has a passenger under 15yoa.
State Jail Felony
200
Flying While Intoxicated
A person while intoxicated operates an aircraft, boat, amusement ride.
Class B Misdemeanor
201
Intoxication Assault
A person while intoxicated operates a motor vehicle in a public place and causes serious bodily injury by accident or mistake.
3rd Degree Felony
Causes traumatic brain injury that results in a persistent vegetative state.
2nd degree Felony
202
Intoxication Manslaughter
A person while intoxicated operates a motor vehicle in a public place and causes the death of another by accident or mistake.
2nd Degree Felony
203
Engaging in Organized Crime
A person with the intent to establish, maintain, participate in a combination or profits of a combination or as a member of a criminal street gang intentionally and knowingly commits or conspires to commit one or more offenses:
-murder, capital murder, robbery, assault, prostitution, sale of weapons, dispense illegal drugs, uuv- all crimes.
must be at least 3 person
204
Violation of Court Order Enjoining Organized Criminal activity
A person knowingly violates a temporary or permanent order issued under Sec 125.065 - Civil Practice and Remedies Code.
Class a Misdemeanor
205
Soliciting Membership in a Criminal Street Gang
A person knowingly by threats to that person or a member of that person's family causes, enables, encourages, recruits, or solicits another to become a street gang member. 3rd Degree Felony
