Term
| Used if TDL DOB has been changed. |
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Definition
| 37.10. TAMPERING WITH GOVERNMENTAL RECORD |
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Term
| 37.11. IMPERSONATING PUBLIC SERVANT |
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Definition
3rd Degree
A person
Intentionally or knowingly
impersonates
a public servant
with intent to induce another to
a. submit to his pretended official authority or
b. to rely on his pretended official acts |
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Term
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Definition
| 38.02. FAILURE TO IDENTIFY |
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Term
38.02. FAILURE TO IDENTIFY
Refuses to Identify |
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Definition
Refuses to Identify
Class C
Has a Warrant-Class B
A person
intentionally
refuses to give his
a. name,
b. residence address, or
c. date of birth
4. to a peace officer
5. who has lawfully arrested the person and
6. requested the information. |
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Term
38.02. FAILURE TO IDENTIFY
Gives Fictitious Identity |
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Definition
Class B
Has a Warrant-Class A
A person
intentionally
gives a
a. false or fictitious name, or
b. residence address, or
c. date of birth
4. to a peace officer who has:
(a) lawfully arrested the person;
(b) lawfully detained the person; or
(c) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. |
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Term
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Definition
| When operating motor vehicle. NOT required under 38.02. FAILURE TO IDENTIFY. |
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Term
| 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION |
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Definition
Class A
3rd Degree - uses a deadly weapon
A person
intentionally
prevents or obstructs a person
A. he knows is a peace officer or
B. a person acting in a peace officer's presence and at his direction
from effecting an arrest, search, or transportation
of the actor or another
by using force against the peace officer or another. |
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Term
| 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION |
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Definition
| **It is no defense to prosecution under this section that the arrest or search was unlawful. |
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Term
| Must have lawful arrest FIRST |
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Definition
38.02. FAILURE TO IDENTIFY
Refusal to identify |
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Term
Must be lawfully detained
Must be lawfully arrested
A witness to a crime |
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Definition
38.02 FAILURE TO IDENTIFY
Gives Fictitious Identity |
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Term
...prevents or obstructs a person
...by using FORCE AGAINST the peace officer or another |
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Definition
| 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION |
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Term
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Definition
| 38.04 HB 3423 adds federal investigator as another type of official from whom a person may be prosecuted for evading |
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Term
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Definition
| Not under arrest for evading |
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Term
State Jail Felony
1. A person
2. intentionally
3. flees from a person
4. he knows is a peace officer or a federal special investigator
5. attempting lawfully to arrest or detain him
And
6. Previously convicted |
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Definition
| Sec. 38.04. EVADING ARREST OR DETENTION |
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Term
| . Another suffers serious bodily injury as a direct result of an attempt by the officer or investigator from whom the offender is fleeing to apprehend the actor while the actor is in flight |
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Definition
3rd Degree
Sec. 38.04. EVADING ARREST OR DETENTION |
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Term
38.171- Punishment- Class A
FAILURE TO REPORT |
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Definition
Observes the commission of a felony under circumstances in which a reasonable person would believe that
An offense had been committed in which
Serious bodily injury or death may have resulted AND
Fails to IMMEDIATELY report the commission of the offense |
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Term
| Sec. 38.05. HINDERING APPREHENSION OR PROSECUTION |
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Definition
3rd degree-Hindering a Felony
1. A person
2. intentionally or knowingly
3. with intent to hinder the
A. arrest,
B. prosecution,
C. conviction, or
D. punishment
4. of another
5. for an offense or,
with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or
7. with intent to hinder the arrest of another under the authority of a warrant or capias, he:
(a) harbors or conceals the other;
(b) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or
(c) warns the other of impending discovery or apprehension. |
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Term
| EVADING V. RESISTING V. HINDERING |
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Definition
FLEEING
FORCE
DECEIVING-HIDING |
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Term
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Definition
1. A person
2. Intentionally or knowingly
3. Escapes from custody when: (one of the following)
Under arrest for, charged with or convicted of an offense
In custody pursuant to a lawful order of the court |
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Term
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Definition
1. A person
2. Intentionally or knowingly
3. Escapes from custody when: (one of the following)
Under arrest for, charged with or convicted of a felony
Confined in a secure correctional facility |
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Term
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Definition
1. A person
2. Intentionally or knowingly
3. Escapes from custody when: (one of the following)
4. To effect escape causes bodily injury |
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Term
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Definition
1. A person
2. Intentionally or knowingly
3. Escapes from custody when: (one of the following)
4. To effect the escape
Causes serious bodily injury
Uses or threatens to use weapon |
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Term
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Definition
1. Class A
2. Escaping felon= 3rd degree
3. Escaping from secure correctional facility (jail, prison, Texas Youth Commission)= 3rd degree
4. Escaping and cause bodily injury= 2nd degree
5. Escaping and cause serious bodily injury= 1st degree
6. Escaping and use or exhibit a deadly weapon= 1st degree |
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Term
| 38.08 effect of unlawful custody |
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Definition
| no defense to prosecution if custody was unlawful |
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Term
| 38.09- Implements for Escape |
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Definition
1. A person
2. With intent to facilitate an escape
3. Intentionally or knowingly
4. Introduces into a penal institution or
5. Provides an inmate with
6. Anything useful for escape |
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Term
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Definition
SEC 38.10Bail Jumping and Failure to Appear
1. A person
2. Lawfully released from custody
3. With or without bail
4. Conditional upon appearing again
5. Intentionally or knowingly
6. Failed to appear according to the terms of his/her release |
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Term
| 38.11. PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL FACILITY |
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Definition
Includes:
alcoholic beverage,
controlled substance, or
dangerous drug (except on the prescription of a practitioner)
deadly weapon
cellular telephone or other wireless communications device or a component of one of those devices
Component meaning any item necessary for the current, ongoing, or future operation of a cellular telephone or other wireless communications device including:
a. a subscriber identity module card or
b. functionally equivalent portable memory chip,
c. a battery or battery charger, and
d. any number of minutes that have been purchased or
e. for which a contract has been entered into and
f. during which a cellular telephone or other wireless communications device is capable of transmitting or receiving communications.
g. makes a payment for a cell phone
7. money to a person confined in a correctional facility; or
8. cigarette or tobacco product |
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Term
| Correctional facility includes |
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Definition
County Jail
Municipal Jail
Secure juvenile correctional facility
Secure juvenile detention facility
Confinement facility operated under contract (ie, GEO)
TDCJ |
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Term
38.111 IMPROPER CONTACT WITH VICTIM
Class A |
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Definition
Class A
A person
Intentionally or knowingly
Contacts a victim who was under 17 years of age at the time of the crime
Without legal permission
And the actor is confined in a correctional institution
Charged with a reportable offense. |
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Term
38.111 IMPROPER CONTACT WITH VICTIM
3rd Degree |
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Definition
3rd Degree
A person
Intentionally or knowingly
Contacts a victim who was under 17 years of age at the time of the crime
Without legal permission
And the actor is confined in a correctional institution
Contact is after conviction of a reportable offense. |
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Term
38.112. VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS OF SEXUAL ASSAULT.
Class A |
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Definition
Class A misdemeanor.
A person
In violation of an order issued under Chapter 7A, Code of Criminal Procedure, the person knowingly:
(1) communicates directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner;
(2) goes to or near the residence, place of employment or business, or child-care facility or school of the applicant or any member of the applicant's family or household; or
(3) possesses a firearm. |
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Term
| 38.113 Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site |
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Definition
State Jail
1. A person
2. Knowingly or Intentionally
3. Fails to report to or leaves
4. A community correctional facility or community service assignment site
5. Without approval of (one of the following):
A. the court
B. community supervision dept.
C. corrections dept.
D. director of the facility |
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Term
| 38.12- Barratry and Solicitation of Professional Employment |
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Definition
With intent to obtain an economic benefit
LAWYERS!! |
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Term
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Definition
1
: the purchase or sale of office or preferment in church or state
2
: an unlawful act or fraudulent breach of duty by a master of a ship or by the mariners to the injury of the owner of the ship or cargo
3
: the persistent incitement of litigation |
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Term
38.13. HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.
Intentionally |
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Definition
Class A
Intentionally
A person
Intentionally
Hinders an official proceeding
By noise or violent or tumultuous behavior or disturbance. |
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Term
38.13. HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.
Recklessly |
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Definition
Class A
Recklessly
A person
Recklessly
Hinders an official proceeding
By noise or violent or tumultuous behavior or disturbance and
Continues after explicit official request to desist. |
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Term
| Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER. |
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Definition
Officers Include
a peace officer,
employee or official of a correctional facility,
parole officer,
community supervision and corrections department officer, or
commissioned security officer or the officer's, employee's,
**Actor must know the person is an officer |
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