Penal Code Flashcards
(151 cards)
1
Q
means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest
A
Association
1
Q
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.
A
Sight order
2
Q
(a) A defense to prosecution for an offense in this code is so labeled by the phrase: “It is a defense to prosecution . . . .”
(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.
A
DEFENSE
3
Q
means the constitution or a statute of this state or of 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.
A
Law
3
Q
means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument.
A
Owner
4
Q
means 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.
A
Serious bodily injury
4
Q
includes affirm
A
Swear
5
Q
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 intoxication is known by the actor to be unable to make reasonable decisions; or
(D) given solely to detect the commission of an offense.
A
Effective consent
6
Q
includes authority, board, bureau, commission, committee, council, department, district, division, and office
A
Agency
6
Q
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; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.
A
Public servant
7
Q
means physical pain, illness, or any impairment of physical condition.
A
Bodily injury
8
Q
means an act or omission and its accompanying mental state.
A
Conduct
9
Q
a) Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute.
(b) The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise; however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code.
(c) This code does not bar, suspend, or otherwise affect a right or 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.
A
EFFECT OF CODE
9
Q
means a facility that generates electric energy for distribution to the public.
A
Electric generating plant
10
Q
(b) If the offense is criminal homicide, a “result” is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred.
A
TERRITORIAL JURISDICTION
Part B
12
Q
A person commmits an offense if he recklessly causes the death of an individual.
felony of the second degree
A
MANSLAUGHTER
13
Q
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
A
Deadly weapon
13
Q
means actual care, custody, control, or management.
A
Possession
14
Q
(d) This state includes the land and water and the air space above the land and water over which this state has power to define offenses.
A
TERRITORIAL JURISDICTION
Part D
14
Q
(a) An affirmative defense in this code is so labeled by the phrase: “It is an affirmative defense to prosecution . . . .”
(b) The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.
(c) The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence.
A
AFFIRMATIVE DEFENSE
15
Q
A) the forbidden conduct;
(B) the required culpability;
(C) any required result; and
(D) the negation of any exception to the offense.
A
Element of offense
16
Q
means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth
A
Individual
18
Q
means a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened 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; or
(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.
A
Coercion
19
Q
(a) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actor’s sole intent was to assume lawful control of the victim.(c)
a felony of the third degree.
A
KIDNAPPING
21
means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
Benefit
22
means assent in fact, whether express or apparent.
Consent
23
means a person other than the actor.
Another
24
means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.
Penal institution
25
means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Public place
27
means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:
(A) a municipal or county jail;
(B) a confinement facility operated by the Texas Department of Criminal Justice;
(C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and
(D) a community corrections facility operated by a community supervision and corrections department.
Correctional facility
28
means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
Reasonable belief
30
means a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public.
Electric utility substation
31
(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.
(b) 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.
(c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.
REQUIREMENT OF VOLUNTARY ACT OR OMISSION
32
means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law.
Peace officer
34
A person attains a specified age on the day of the anniversary of his birthdate.
COMPUTATION OF AGE
35
includes affirmation
Oath
36
a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection
(d) , an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place.
If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
AGGRAVATED KIDNAPPING
36
means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
Official proceeding
37
(A) a municipal or county jail; or
(B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice.
Secure correctional facility
38
means a bodily movement, whether voluntary or involuntary, and includes speech
Act
39
means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
Unlawful
40
(a) An exception to an offense in this code is so labeled by the phrase: "It is an exception to the application of . . . ."
(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.
(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.
EXCEPTION of PROOF BEYOND A REASONABLE DOUB
42
means failure to act
Omission
43
means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
Harm
44
includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies.
Corporation
45
has the meaning assigned by Section 481.002, Health and Safety Code.
Controlled substance
47
(c) An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense.
TERRITORIAL JURISDICTION
Part C
47
means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.
Misdemeanor
48
includes, for an individual who is an unborn child, the failure to be born alive.
Death
50
includes regulation
Rule
51
A person commits an offense if he causes the death of an individual by criminal negligence.
a state jail felony
CRIMINALLY NEGLIGENT HOMICIDE
52
The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.
OBJECTIVES OF CODE
53
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.
PROOF BEYOND A REASONABLE DOUBT
54
means an individual, corporation, or association
Person
55
This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:
(1) either the conduct or a 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 this state, and an act in furtherance of the conspiracy occurs inside this state; or
(4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.
TERRITORIAL JURISDICTION
part A
56
means a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "..."
ACTOR
57
means an offense so designated by law or punishable by death or confinement in a penitentiary
Felony
58
A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision.
Government
59
Association
means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest
60
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.
61
DEFENSE
(a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.
62
Law
means the constitution or a statute of this state or of 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.
63
Owner
means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument.
64
Serious bodily injury
means 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.
65
Swear
includes affirm
66
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 intoxication is known by the actor to be unable to make reasonable decisions; or
(D) given solely to detect the commission of an offense.
67
Agency
includes authority, board, bureau, commission, committee, council, department, district, division, and office
68
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; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.
69
Bodily injury
means physical pain, illness, or any impairment of physical condition.
70
Conduct
means an act or omission and its accompanying mental state.
71
EFFECT OF CODE
a) Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute.
(b) The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise; however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code.
(c) This code does not bar, suspend, or otherwise affect a right or 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.
72
Electric generating plant
means a facility that generates electric energy for distribution to the public.
73
TERRITORIAL JURISDICTION
Part B
(b) If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred.
74
MANSLAUGHTER
A person commmits an offense if he recklessly causes the death of an individual.
felony of the second degree
75
Deadly weapon
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
76
Possession
means actual care, custody, control, or management.
77
TERRITORIAL JURISDICTION
Part D
(d) This state includes the land and water and the air space above the land and water over which this state has power to define offenses.
78
AFFIRMATIVE DEFENSE
(a) An affirmative defense in this code is so labeled by the phrase: "It is an affirmative defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.
(c) The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence.
79
Element of offense
A) the forbidden conduct;
(B) the required culpability;
(C) any required result; and
(D) the negation of any exception to the offense.
80
Individual
means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth
81
Coercion
means a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened 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; or
(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.
82
KIDNAPPING
(a) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actor's sole intent was to assume lawful control of the victim.(c)
a felony of the third degree.
83
Benefit
means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
84
Consent
means assent in fact, whether express or apparent.
85
Another
means a person other than the actor.
86
Penal institution
means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.
87
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, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
88
Correctional facility
means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:
(A) a municipal or county jail;
(B) a confinement facility operated by the Texas Department of Criminal Justice;
(C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and
(D) a community corrections facility operated by a community supervision and corrections department.
89
Reasonable belief
means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
90
Electric utility substation
means a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public.
91
REQUIREMENT OF VOLUNTARY ACT OR OMISSION
(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.
(b) 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.
(c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.
92
Peace officer
means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law.
93
COMPUTATION OF AGE
A person attains a specified age on the day of the anniversary of his birthdate.
94
Oath
includes affirmation
95
AGGRAVATED KIDNAPPING
a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection
(d) , an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place.
felony of the second degree.
96
Official proceeding
means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
97
Secure correctional facility
(A) a municipal or county jail; or
(B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice.
98
Act
means a bodily movement, whether voluntary or involuntary, and includes speech
99
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.
100
EXCEPTION of PROOF BEYOND A REASONABLE DOUB
(a) An exception to an offense in this code is so labeled by the phrase: "It is an exception to the application of . . . ."
(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.
(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.
101
Omission
means failure to act
102
Harm
means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
103
Corporation
includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies.
104
Controlled substance
has the meaning assigned by Section 481.002, Health and Safety Code.
105
TERRITORIAL JURISDICTION
Part C
(c) An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense.
106
Misdemeanor
means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.
107
Death
includes, for an individual who is an unborn child, the failure to be born alive.
108
Rule
includes regulation
109
CRIMINALLY NEGLIGENT HOMICIDE
A person commits an offense if he causes the death of an individual by criminal negligence.
a state jail felony
110
OBJECTIVES OF CODE
The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.
111
PROOF BEYOND A REASONABLE DOUBT
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.
112
Person
means an individual, corporation, or association
113
TERRITORIAL JURISDICTION
part A
This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:
(1) either the conduct or a 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 this state, and an act in furtherance of the conspiracy occurs inside this state; or
(4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.
114
ACTOR
means a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "..."
115
Felony
means an offense so designated by law or punishable by death or confinement in a penitentiary
116
Government
A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision.
117
Unlawful restraint
A person commits an offense if he intentionally or knowingly restrains another person.
Class A misdemeanor
state jail felony if the person restrained was a child younger than 17 years of age
a felony of the third degree if:
(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;
(B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
(C) the actor while in custody restrains any other person
118
Smuggling Persons
***state jail felony***
person intentionally uses a motor vehicle, aircraft, or watercraft to transport an individual
conceal the individual from a peace officer or special investigator
flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor
***felony of the third degree* **
for pecuniary benefit
transported individual will suffer serious bodily injury or death
119
TRAFFICKING OF PERSONS
**Knowingly; Felony First degree**
traffics another person with the intent that the trafficked person engage in forced labor or services
120
CONTINUOUS TRAFFICKING OF PERSONS
during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense
**felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years**
121
CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN
during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims
at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.
felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years
122
PUBLIC LEWDNESS
**Class A misdemeanor**
knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his
involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl
123
INDECENT EXPOSURE
exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is ***_reckless_*** about whether another is present who will be offended or alarmed by his act
**_Class B misdemeanor_**
124
INDECENCY WITH A CHILD
***_felony of the second degree _***
child younger than 17 years of age
sexual contact with the child or causes the child to engage in sexual contact
***_felony of the third degree_***
intent to arouse or gratify exposes the person's anus or any part of the person's genitals, knowing the child is present causes the child to expose the child's anus or any part of the child's genitals.
125
IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT
***_felony of the second degree_***
engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works
126
IMPROPER PHOTOGRAPHY OR VISUAL RECORDING
***_state jail felony_***
photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room with **intent to** arouse or gratify the sexual desire of any person;
127
ASSAULT
***_Class A_***
Causes bodily injury
***_Class C_***
Threatens a person, or cause physical contact
***_Felony 3_***
Hitting a public servant
128
SEXUAL ASSAULT
***_intentionally or knowingly_***
***_felony of the second degree_***,
except that an offense under this section is a
***_felony of the first degree_***
if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married
129
AGGRAVATED ASSAULT
***_felony of the second degree_***
causes serious bodily injury to another, including the person's spouse; or uses or exhibits a deadly weapon during the commission of the assault
***_felony of the first degree _***
deadly weapon during the commission of the assault and causes serious bodily injury to a person
public servant
retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime
person the actor knows is a security officer
Fires a weapon from a vehicle towards a habitation or building
**reckless** as to whether the habitation, building, or vehicle is occupieddischarging the firearm,
causes serious bodily injury to any person
130
AGGRAVATED SEXUAL ASSAULT
***_Felony 1st_***
***_intentionally or knowingly_***
causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode
victim is younger than 14 years
Elderly or disabled
***_Felony 1st plus 25 years_***
Victim younger then 6 years
younger then 14 years
131
INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL
***_Intentionally, knowingly, recklessly or with criminal neg_***
***_Felony 1st_***
**SBI, Serious mental, Bodily Injury, Explotation**
*_Felony 2nd_*
Recklessly
132
ABANDONING OR ENDANGERING CHILD
Child \< 15yoa
Intent to return SJF
Without intent F3
F2 if abandons
133
Deadly Conduct
Recklessly engages in conduct the places another
Imminent danger SBI (Class A)
Knowingly Discharges Firearm
At one or more persons, habitation, building or vehicle
F3
134
Terroristic Threat
Threatens any offense involving to any person or property
Reaction to volunteer Class B
Fear of SBI, Class B; Class A if aganist public servant or Family member
Prevent the use of building Class A unless 1.5k more in loss SJF
Interupts public public transport, water, gas, power
Public in fear of SBI
Affect fed state activites Felony 3
135
AIDING SUICIDE
***_intent_*** to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide
***_Class C misdemeanor_***
causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a ***_state jail felony_***
136
TAMPERING WITH CONSUMER PRODUCT
Knowingly or intentionally
Tampers with product is F2
Threatens to tamper is F3
Causing SBI is F1
137
Leaving child in vehicle
Intentionally or knowingly leaves chlid in vehicle longer then 5 mins
Child under 7 yoa
Not being watched by 14 yoa or higher
Class C
138
HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARASSMENT OF PUBLIC SERVANT
Intent
while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal
F3
139
BIGAMY
Cant get married twice.
F3
17 yoa is F2
16 and under is F1
140
PROHIBITED SEXUAL CONDUCT
A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy ***_F3_***
actor's ancestor or descendant by blood or adoption ***_F2_***
141
INTERFERENCE WITH CHILD CUSTODY
Takes child younger then 18
Violates court order
Pending suit/out of area
non custodial parent entices child to leave
***_SJF_***
142
AGREEMENT TO ABDUCT FROM CUSTODY
for remuneration or the promise of remuneration, to abduct a child younger than 18 years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control of a person having custody or physical possession of the child under a court order, including a temporary order, or under the care and control of another person who is exercising care and control with the consent of a person having custody or physical possession under a court order, including a temporary order
SJF
143
Entice child
with the ***_intent_*** to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child
Class B
144
CRIMINAL NONSUPPORT
intentionally or knowingly fails to provide support for the individual's child younger than 18 years of age, or for the individual's child who is the subject of a court order requiring the individual to support the child
SJF
145
Harboring runaway child
**knowingly** harbors a child and he is criminally negligent about whether the child
is younger than 18 years
has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child's home without the consent of the child's parent or guardian for a substantial length of time or without the intent to return
**CLASS A**
146
VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE.
Class A
147
VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE
Class A
convicted 2 or more times or violated by commiting assault F3
148
ADVERTISING FOR PLACEMENT OF CHILD
person advertises in the public media that the person will place a child for adoption or will provide or obtain a child for adoption
Class A misdemeanor unless the person has been convicted previously under this section, in which event the offense is a felony of the third degree.
149
INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON
person takes, retains, or conceals a ward when the person knows that the person's taking, retention, or concealment interferes with a possessory right with respect to the ward
SJF
150
CONTINUOUS VIOLENCE AGAINST THE FAMILY
during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense
F3
151
