Penal Code Flashcards
0
Q
1st degree felony
A
Life or 5-99 with up to 10K fine
1
Q
Capital felony
A
Life without parole
2
Q
2nd degree felony
A
2-20yrs fine up to 10K
3
Q
3rd degree
A
2-10yrs fine up to 10K
4
Q
SJF
A
180d-2yrs
Fine not to exceed 10K
5
Q
Class A
A
Fine not to exceed 4k and or 1yr or less
6
Q
Class B
A
Fine not to exceed 2K / 180d or less
7
Q
Class c
A
Fine not to exceed $500
8
Q
A person commits an offense only if he
A
Voluntarily engages in conduct, including the act, omission or possession
9
Q
Culpable mental states
A
Intentional
Knowing
Reckless
Criminal negligence
10
Q
What is severance?
A
Whenever two or more offenses have been consolidated for a trial
11
Q
If someone consciously desires to engage in certain conduct is what mental state?
A
Intentional
12
Q
If someone is aware that his conduct is reasonably certain to cause a result is?
A
Knowingly
13
Q
If someone is aware but consciously disregards a substantial and unjustifiable risk
A
Reckless
14
Q
If someone ought to be aware of a substantial and unjustifiable risk that the circumstances exist or results will occur
A
Criminal negligence
15
Q
What are the general defenses to criminal responsibility?
A
Insanity Mistake of fact Mistake of law Intoxication Duress Entrapment Age affecting criminal responsibility Child with mental illness, disability, or lack of capacity
16
Q
Criminal attempt
A
One category lower than the offense attempted
17
Q
Criminal conspiracy with intent to commit a felony
A
One category lower than the most serious felony they conspired
18
Q
Criminal solicitation
A
1st-if offense solicited was a capital offense
2nd-if offense solicited was 1st degree
19
Q
Unlawful use of pen register or trap/trace device
A
SJF
20
Q
Murder
A
1st degree
Crime of passion is 2nd degree if proven
21
Q
Capital murder
A
Capital felony
22
Q
Manslaughter
A
2nd degree
23
Q
Criminally negligent homicide
A
SJF
24
Unlawful restraint
Class A
Unless--
<17yo.=SJF
exposes Vic to BI=3*
25
Kidnapping
3*
26
Aggravated kidnapping
1
27
Smuggling of persons
SJF
3*
If for pecuniary gain, Vic will suffer serious BI
28
Continuous trafficking of persons
1*
29
Continuous sexual abuse of young child/children
1*
30
Case law regarding homosexual conduct
Lawerence v TX
31
Public lewdness
A
32
Indecent exposure
B
33
Indecency with a child
2* if engages in sexual contact
3* if to arouse
34
Improper relationship between educator and student
2*
35
Improper photography or visual recording
SJF
36
Assault
A
Unless-
3* if actor knows it's a pub serv. On official duty, or in retaliation
37
Sexual assault
2*
38
Agg assault
2*
UNLESS
1* if:
Deadly weapon used
39
Aiding in suicide that is unsuccessful
C
40
Aiding in suicide that causes serious BI or death
SJF
41
Tampering with consumer product
2*
1* if serious BI or death occurs
3* if intended to cause fear, affect sale, cause BI
42
Leaving child in a vehicle
C
43
Harassment by prisoner
3*
44
Bigamy
3*
45
Agreeing to abduct a child from custody
SJF
46
Enticing a child
B
Or 3* if actor also intended to commit a felony against said child
47
Criminal non support
| Not paying child support
SJF
48
Harboring a runaway child
A
49
Violating a court protective order
A
50
Selling or purchasing a child
3*
51
Advertisement for placement of child
A
52
Interference with the rights of guardian of the person
SJF
53
Continuous violence against the family
3*
54
Arson
2*
1* if BI less than death is suffered by a person or intended target was a habitation or church
SJF-if only reckless damage occurs
55
Recklessly damaging or destroying property
C
56
Robbery
2*
57
Agg robbery
1*
58
Burglary
Building other than a habitation-SJF
HABITATION-2*
habitation entered to commit a felony other than felony theft-1*
59
Burglary of a coin operated machine
A
60
Burglary of a vehicle
A
UNLESS
it's a rail at, container on a rail car, etc=SJF
61
Criminal trespass
C-without express consent, ag land, within 100ft of boundary
B-without effective consent, failed to depart after being told
A-carried a deadly weapon and entered a structure
62
Trespass by holder of license to carry concealed handgun
A
63
Theft of $200,000 +
1st degree
64
theft of $100,000-200,00
2nd degree
65
theft of $20,000 but less than $100,000
3rd degree
66
theft of livestock, more than 10 goats, less than $100,000 in value
3rd degree
67
theft of less than 10 head of goat, less than $20,000
SJF
68
theft of $1500 up to $20,000
SJF
69
theft From the person of another
SJF
70
theft From a corpse or grave
SJF
71
theft of less than $1500 but has 2 prior theft convictions
SJF
72
theft of a firearm
SJF
73
theft of Metal of at least 50% aluminum, bronze or copper, under 20K in value
SJF
74
theft of ballot
SJF
75
theft of $500-$1500
A
76
theft of $50-$500
B
77
theft of less than $50, but has a prior theft conviction
B
78
theft of $20-$500 by check
B
79
theft of less than $20, has prior theft conviction and used a check
B
80
theft of anothers ID
B
81
theft of less than $50
C
82
theft of less than $20, by check
C
83
Theft of trade secrets
3rd degree
84
Unauthorized use of a MV
SJF
85
Tampering with ID numbers
A
86
Tampering or theft of multichannel video or information services
C
87
tampering or theft of multichannel video or info service with a prior conviction of
B
88
Tampering or theft of multichannel video or info service with 2 prior convictions
A
89
Manufacture, distribute, or advertisement of multichannel video or information services
A
90
Sale or lease of multichannel or information services device
A
91
Organized retail theft
one level higher than ordinarily
92
Unauthorized acquisition or transfer of financial info
B
93
Unauthorized acquisition or transfer of financial info to a third party
A
94
Forgery
usually a SJF
95
Forgery that issues money, securities, or postage/revenue stamps
third degree
96
criminal simulation
A
97
Stealing or receiving a stolen check or sight order
A
98
credit or debit card abuse
SJF
99
Fraudulently Transferring a MV
SJF
100
Fraudulently transferring a MV >20K
third degree
101
failing to disclose the location of the vehicle on request of an owner, creditor, or lesser.
A
102
Issuing a bad check
C
103
Issuing a bad check for child support
B
104
Commercial Bribery
SJF
105
Rigging a publicly exhibited contest
A
106
Simulating legal process
A
107
Refusal to execute release of fraudulent claim
A
108
Deceptive prep and marketing of academic product
C
109
Fraudulent use or possession of identifying Information if obtained <5items
SJF
110
Fraudulent use or possession of identifying information if 5-10items obtained
third degree
111
fraudulent use or possession of identifying info if 10-50items obtained
second degree
112
fraudulent use or possession of identifying info if >50items obtained
first degree
113
Fraudulent, substandard, or fictitious degree
B
114
Exploitation of child, elderly, or disabled individual
third degree
115
Online solicitation of a minor if they communicate sexually explicit material
third degree
116
online solicitation of a minor if they intend to engage in sexual conduct
second degree
117
internet impersonation by setting up a commercial social networking sight
third degree
118
internet impersonation if they send out and electronic message
A
119
internet impersonation if they send out an electronic message that warrants emergency response
third degree felony
120
tampering with a voting machine
first degree
121
Money Laundering $1500-$19,999
SJF
122
Money laundering $20000-$99,999
third degree
123
Money laundering $100,000-$199,999
second degree
124
Money laundering $200,000 +
first degree
125
Bribery
second degree
126
Coercing a public servant or voter
Class A
127
Coercing a public servant or voter with threat to commit a felony
third degree
128
Improper influence
A
129
Obstruction or retaliation
third degree
130
Gifts to a public servant by a person in their jurisdiction
A
131
Offering gift to a public servant
A
132
Perjury (lying under oath)
A
133
Aggravated perjury
third degree
134
Falsifying a report to a PO
B
135
False report regarding a missing child
C
136
Tampering or fabricating physical evidence
third degree
137
tampering or fabricating physical evidence on a human corpse
second degree
138
Impersonating a public servant
third degree
139
False ID as a peace officer
B
140
Record of fraudulent court
A
141
Failure to identify
C
142
False ID
B
143
False ID by fugitive of justice
A
144
Resisting arrest or search
A
145
Resisting arrest or search using a deadly weapon
third degree
146
Evading arrest on foot
A
147
Evading arrest using a vehicle or watercraft
third degree
148
Evading arrest and causes serious bodily injury by tire deflation device or another suffers death
second degree
149
Hindering apprehension or prosecution
A
150
Hindering apprehension or prosecution if they are a felon
third degree
151
Escape
A
152
Escape from correctional facility
third degree
153
escape that involves bodily injury
second degree
154
escape causing serious BI or uses a deadly weapon
third degree
155
Permitting or facilitating escape
A
156
permitting or facilitating escape of someone from correctional facility
third degree
157
permitting or facilitating escape of someone while using a deadly weapon
second degree
158
providing implement for escape
third degree
159
providing implement for escape using deadly weapon
second degree
160
Bail jumping or FTA by felon
third degree
161
bail jumping or FTA on offenses punishable by fine only
C
162
Bail jumping or FTA on any other crime
A
163
Prohibited substances and items in a correctional facility or property of TDCJ
third degree
164
Improper contact with victim
A
165
improper contact with victim if after conviction
third degree
166
Violation of protective order based on sexual assault or abuse, stalking or trafficking
A
167
Unauthorized absence from community corrections facility
SJF
168
Barratry
A
169
barratry by a professional person
third degree
170
Falsely holding oneself out as a lawyer
third degree
171
Unauthorized practice of law
class A
172
Hindering proceedings by disorderly conduct
A
173
Taking a weapon from an officer
third degree
174
attempting to take a weapon from an officer
SJF
175
Interference with public duties
B
176
Interference with police service animal, tormenting or striking
C
177
Interference with police service animal, throwing object at them
B
178
interference with police service animal by obstructing the handler, letting the animal loose, or entering area of control without permission
A
179
interference with police service animal engaging in conduct that will likely injure the animal
SJF
180
interference with police service animal which kills the animal
second degree
181
preventing execution of civil process
c
182
Failure to stop or report aggravated sexual assault of a child
A
183
Failure to report felony
A
184
misuse of accident report information
B
185
Failure to report death
B
186
Misusing official information
third degree
187
disorderly conduct
C
188
Disorderly conduct-discharging/displaying a firearm
B
189
Rioting
B
190
Obstructing a highway or other passageway
B
191
disrupting a meeting or procession
B
192
Disrupting a funeral
B
193
False alarm or report
A
194
False report of an emergency involving public schools or public infrastructure
SJF
195
silent or abusive calls to 911 service
B
196
interference with emergency electronic communication
class A
197
Harassment
B
198
Stalking first offense
third degree felony
199
stalking 2nd+ offense
second degree felony
200
Abuse of a corpse
A
201
cruelty to livestock by abandonment or neglect or cruel transport
A
202
Cruelty to livestock by poisoning, fighting, tripping a horse, or torturing
SJF
203
Attack on assistance animal
Attack-A
Injure-SJF
Kill-third degree
204
cruelty to non livestock animals, neglect, abandon, transport in cruel manner, seriously over works
A
205
cruelty to non livestock animals by poisoning, using as lure, killing, causing serious bi, or torture
SJF
206
Dog fighting-causing a dog to fight, making profit or operating a facility for dog fighting, permits another to use real estate for dog fighting
SJF
207
Dog fighting-owning a dog with intent to fight, spectator, possess dog fighting equipment
A
208
Destruction of a flag
A
209
Discharging a firearm in municipalities >100,000
A
210
Use of laser pointers
C
211
Illumination of aircraft by intense light
C
