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Texas Penal Code
HCC Police Academy 10A
141
Law
02/20/2010

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Cards

Term
What are the (7) general defenses to Criminal Responsibility?
Definition
1. Insanity
2. Mistake of Fact
3. Mistake of Law
4. Intoxication
5. Duress
6. Entrapment
7. Age
Term
What is the age affecting criminal responsibility?
Definition
Younger than 15
Term
What are the misdemeanor classifications?
Definition
Class A
Class B
Class C
Term
What are the Felony Classifications?
Definition
1. Capital Felony
2. First Degree
3. Second Degree
4. Third Degree
5. State Jail Felony
Term
What is the punishment for a class A misdemeanor?
Definition
1. Confinement in Jail upto 1 year
2. Fine up to $4,000
3. Both
Term
What is the punishment for a class B Misdemeanor?
Definition
1. Confinement in jail up to 180 days
2. Fine upto $2,000
3. Both
Term
What is the punishment for a class C misdemeanor?
Definition
Fine up to $500
Term
What is the punishment for a Capital Felony?
Definition
1. Life
2. Life without parole
3. Death
Term
What is the punishment for a 1st Degree Felony?
Definition
1. 5 to 99 years
2. Fine upto $10,000
Term
What is the punishment for 2nd Degree felony?
Definition
2-20 years and upto $10,000
Term
What is the punishment for 3rd degree felony?
Definition
2-10 years and up to $10,000
Term
What is the punishment for a State jail felony?
Definition
Confinement in a state jail 180 days to 2 years
Term
What are the (4) mental states
Definition
1. Intentional
2. Knowing
3. Recklessly
4. Criminally Negligent
Term
What is the mental state required for murder?
Definition
Intentionally or Knowingly
Term
What is the mental state for capital murder
Definition
Intentionally or Knowingly
Term
What is the mental state required for Manslaughter?
Definition
Recklessly
Term
What is the mental state required for criminally negligent homicide?
Definition
Criminal Negligence
Term
What is the mental state required for Kidnapping?
Definition
Knowingly or Intentionally
Term
What are the (7) circumstances that will make Kidnapping Aggravated Kidnapping?
Definition
1. Ransom
2. Shield or Hostage
3. Felony facilitation or flight
4. Cause Bodily Injury or abuse sexually
5. terrorize
6. interfere with a governmental or political function
7. use or exhibit a deadly weapon
Term
What is the mental state for Unlawful restraint?
Definition
Intentionally or Knowingly
Term
What is the mental state for Unlawful Transport?
Definition
None Required
Term
What is the mental state for Public lewdness in public?
Definition
Knowingly
Term
What is the mental state for public lewdness when not in public?
Definition
Recklessly
Term
What is the mental state for indecency with a child?
Definition
Intentionally
Term
What is the mental state for assault?
Definition
Intentionally, Knowingly or recklessly
Term
What makes assault aggravted assault?
Definition
Assault plus SBI or uses or exhibits a deadly weapon
Term
What is the mental state for sexual assault?
Definition
Intentionally or knowingly
Term
What is the mental state for Injury to a child, Elderly person or disabled person?
Definition
Intentionially, Knowingly, Recklessly, or Criminally Negligently
Term
What is the O.R.P Man standard?
Definition
Ordinary, Reasonably Prudent person
Term
What is the mental state for Deadly conduct
Definition
Recklessly unless it involves discharging a firearm it is knowingly
Term
What makes the penalty greater in Aiding Suicide?
Definition
If the person does not die and is caused SBI
Term
What is the time limit and age limit for leaving a child in a vehicle?
Definition
Longer than 5 minutes and younger than 7 and not attended by an individual 14 or older
Term
What are the (4) general things a person can not do if there is a protective order in place?
Definition
1. Commit family violence
2. Threaten family violence
3. Go to or near certain places
4. Possess a firearm
Term
Who can rescind a protective order?
Definition
Only the judge
Term
What are the mental states for Arson?
Definition
Knowingly or recklessly
Term
What is the difference between Criminal Mischief and Graffiti?
Definition
Graffiti is permanent
Term
What is the amount that changes the punishment for criminal mischief or graffiti?
Definition
$1500 or more
Term
What for is the mental state for robbery?
Definition
Intentionally, Knowingly, or Recklessly
Term
Bodily Movement, wheather voluntary or involuntary, and including speech defines what?
Definition
ACT
Term
A person whose criminal responsibility is in issue in a criminal action
Definition
ACTOR
Term
A person other than the actor
Definition
ANOTHER
Term
Any economic gain or advantage
Definition
BENEFIT
Term
physical pain, illness, or any impairment of physical condition
Definition
BODILY INJURY
Term
An act or omission and its accompanying mental state defines what?
Definition
Conduct
Term
Anything designed, mande or adapted for the purpose of inflicting death or SBI defines what?
Definition
Deadly Weapon
Term
Forbidden conduct; the required culpability; required result; the negation of any exception to the offense are defining what?
Definition
Element of offense
Term
Loss, disadvantage, or injury is called?
Definition
Harm
Term
Human Being who is alive including an unborn child defines what term?
Definition
Individual
Term

 To Swear under God; includes affirmation

defines an?

Definition
Oath
Term
Any type of administrative, executive, legislative, or judicial proceeding that is conducted before a public servant defines what?
Definition
Official Proceeding
Term
Omission
Definition
Failure to act
Term
Person
Definition
Individual, corporation, or association
Term

Care, custody, control, or management defines what?

 

Definition
Possession
Term
Public place
Definition
any place the public has access
Term
Government Agent
Definition
Employee, Officer, Candidate for public office, or juror
Term
Death
Definition
To no longer be alive, including an unborn child
Term
2 or more offenses that are connected, have a common scheme, or repeated commission of similar offenses defines what?
Definition
Criminal Episode
Term
Consolidation and joinder of prosecutions
Definition
A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode
Term
When two or more offenses have been consolidated for trial, the defendant may choose to have a seperate trial for each offense defines what?
Definition
Severance
Term
Culpability
Definition
Mental states of Intentionally, Knowingly, Recklessly, or criminal negligence
Term
 Define Intentionally
Definition
Conscious objective or desire
Term
aware that conduct is reasonably certain to cause the result is what mental state?
Definition
Knowingly
Term
Aware bus consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur is what Mental State?
Definition
Recklessly
Term
Criminal Negligence
Definition
When one ought to be aware of reckless behavior
Term
A person is criminally responsible if the result would not have occurred but for his conduct defines what?
Definition
Causation
Term
Define Parties to offense
Definition
Each party to an offensemay be charged as principal
Term
Define Murder
Definition
Intentionally or knowingly causing the death of an individual
Term
Murder of peace officer, firefighter or judge actin in lawful discharge of official duty; murder during an escape; murder for hire; murder of multiple people; murder of a child under 6 all define what?
Definition
Capital Murder
Term
Manslaughter
Definition
Recklessly causing the death of an individual
Term
Criminally Negligent Homicide
Definition
Causing the death of an individual with criminal negligence
Term
Restrain
Definition
To restrict a person's movement
Term
To restrain a person with intent to keep them hidden defines what?
Definition
Abduct
Term
Intentionally or knowingly abducting another person defines what?
Definition
Kidnapping
Term
Unlawful Transport
Definition
Transports a person for money, in a manner designed to conceal and creates a substantial likelihood for SBI or death
Term
To transport, entice,recruit, harbor, provide, or otherwise obtain another person by any means defines what?
Definition
Traffic
Term
Consumer product
Definition
any product offered for sale or consumption by the public
Term
Tamper
Definition
to alter a consumer product
Term
Bigamy
Definition
being married to more than one person
Term
Habitation
Definition
A structure or vehicle adapted for overnight accommodations
Term
Building
Definition
Structure or enclosure
Term
Property
Definition
real property, tangible orintangible
Term
Vehicle
Definition
Any device a person can be in or on and propelled, moved or drawn
Term
Controlled burning
Definition
Burning of unwanted vegitation
Term
3 or more people engaged in a criminal activity defines what?
Definition
A Combination
Term
What is Intoxication Manslaughter
Definition
DWI that results in death
Term
Define Intoxication Assault
Definition
DWI that results in someone being hurt
Term
What is the age of the child in "DWI with child passenger?
Definition
Younger than 15
Term
When an intoxicated person operates a motor vehicle in public defines what?
Definition
Driving While Intoxicated
Term
What are the (3) things required for public Intoxication?
Definition
1. In Public
2. Intoxicated
3. Endangers
Term
What is the Alcohol Concentration for breath?
Definition
210 Liters
Term
What is the Alcohol Concentration for blood?
Definition
100 Milliliters
Term
What is the Alcohol Concentration for Urin?
Definition
67 Milliliters
Term
What is the difference between Criminal Attempt and Criminal Conspiracy?
Definition
Attempt is more than preperation to commit a CRIME, but the attempt fails Conspiracy is when 2 or more agree to commit a FELONY and 1 performs an overt act
Term
What is the difference between Criminal Conspiracy and Criminal Solicitation?
Definition
Criminal Conspiracy is when 2 or more agree to commit a FELONY and 1 performs an overt act Criminal Solicitation is when 1 requests another commit a 1st DEGREE FELONY or CAPITAL FELONY
Term
What is the mental state for Burgulary?
Definition
Intentionally
Term
What is the crime when a person enters a building and commits a felony, theft, or assault?
Definition
Burgulary
Term
What is the crime when someone breaks open a vending machine?
Definition
Burgulary of a Coin Operated Machine
Term
What is the crime when someone breaks into a vehicle to steal something?
Definition
Burgulary of Vehicle
Term
Define Criminal Trespass
Definition
Enters or remains on or in the property of another without consent
Term
What is the crime when a person enters a vehicle with intent to commit a Felony or theft?
Definition
Burgulary of a Vehicle
Term
Public Intoxication is when a person appears in a public and what 2 other things?
Definition
1. Is intoxicated
2. Endangers himself or another
Term
What are the amounts of Alcohol Concentration for Blood, Breath, or Urin?
Definition
Blood - 100 Milliliters
Breath - 210 Liters
Urin - 67 Milliliters
Term
What is the crime of intentionally avoiding paying for a service?
Definition
Theft of service
Term
What is the punishment for theft over $200,000
Definition
1st Degree Felony
Term
What is the punishment for theft $100,000 to $200,000?
Definition
2nd Degree Felony
Term
What is the punishment for theft $20,000 to $100,000?
Definition
3rd Degree Felony
Term
What is the punishment for theft $1500 to $20,000
Definition
State Jail Felony
Term
What is the punishment for theft $500 to $1500?
Definition
Class "A" Misdemeanor
Term
What is the punishment for theft $50 to $500?
Definition
Class "B" misdemeanor
Term
What is the punishment for theft less than $50.00
Definition
class "C" misdemeanor
Term
Burgulary is when a person enters a building with intent to do what?
Definition
Commit a felony, theft or assault
Term
What is the crime when a intoxicated person operates a vehicle in public and hurts someone?
Definition
Intoxication Assault
Term
What is the crime when an intoxicated person operates a vehicle and kills someone?
Definition
Intoxication Manslaughter
Term
What is the term when 3 or more people engage in a criminal activity?
Definition
A Combination
Term
What is the crime when a person requests another to commit a Capital Felony or 1st Degree Felony?
Definition
Criminal Solicitation
Term
What is the term when 2 or more people agree to commit a felony and perform an overt act?
Definition
Criminal Conspiracy
Term
To with hold property from the owner for an extended time or permanently defines what?
Definition
Deprive
Term
What is the age of the minor in the crime of Online Solicitation of a minor?
Definition
Younger than 17
Term
What is the age of the actor involved in Online Solicitation of a minor?
Definition
17 or older
Term
What are the (3) forms of communication in Online Solicitation of a minor?
Definition
1. Internet
2. Email
3. Text Message
Term
What are the the 2 different acts committed in Online solicitation of a minor?
Definition
1. Communicates in a sexually explicit manner
2. Distributes sexually explicit material
Term
Using the name or persona of another person to create a web site or post a message on a social networking site is what crime?
Definition
Online Harrassment
Term
Sending an email, instant message, text or similar communication that contains identifying info of someone else (without consent) and intent to defraud the reciepent is what crime?
Definition
Online Harassment
Term
T or F
Items must be removed for the offense to be burgulary?
Definition
False - Attempt is enough
Term
What are the (8) exceptions to the age affecting criminal responsibility?
Definition
1. Perjury 2. Aggravated Perjury 3. Transportation Code 4. Fine only Misdemeanors 5. Penal Ordinances 6. Capital Felony 7. Controlled Substance felony 8. When JV court waives jurisdiction
Term
Who creates law?
Definition
The legislature
Term
What is a criminal Episode
Definition
Term
What does the penal code say about complicity?
Definition
Each party to an offense may be charged as a principal
Term
What 3 things make someone criminally responsible for the conduct of another?
Definition
1. Causes an innocent person to engage in conduct 2. Solicits, Encourages, Directs, or Aids the person 3. When having a legal duty to prevent and does not
Term
What are the (4) types of murder?
Definition
1. Murder
2. Capital Murder
3. Manslaughter
4. Criminally Negligent Homicide
Term
What is the difference between Bodily Injury and Serious Bodily Injury?
Definition
Bodily Injury - Is physical pain or impairment
Serious Bodily Injury - Injury that causes or risks death, permanent disfigurement, or loss of a function or an organ
Term
What does jurisdiction include other than land?
Definition
Water and Air space
Term
When does Texas have jurisdiction to hold someone responsible for a crime?
Definition
When the conduct or result of the conduct occurs in Texas
Term
What is jurisdiction determined by?
Definition
Geography and subject matter
Term
What is the purpose of the penal code?
Definition
To create a code of conduct that is not permitted and punishments for violations
Term
What is the purpose of criminal law?
Definition
1. Deter
2. Punish
3. Rehabilitate
Term
What is Consolidation and Joinder of Prosecutions?
Definition
The defendant may be prosecuted in a single trial for all offenses arising out of the same criminal episode
Term
What is Duress?
Definition
Threat of imminent death or serious bodily injury to the victim or another
Term
When one sentence is served before the next sentence starts defines what?
Definition
Consecutive
Term
When multiple sentences are served at the same time defines what?
Definition
Concurrant
Term
Officer, Government Agent, Juror, and Candidate for Public Office are all people to be considered what?
Definition
Public Servant