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| Fiduciary Accepting Benefit-State Jail Felony |
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| the illegal practice of payment or other inducement by record companies for the broadcast of recordings on music radio in which the song is presented as being part of the normal day's broadcast. Under U.S. law, 47 U.S.C. § 317, a radio station can play a specific song in exchange for money, but this must be disclosed on the air as being sponsored airtime, and that play of the song should not be counted as a "regular airplay". |
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| RIGGING PUBLICLY EXHIBITED CONTEST |
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| Breaching Computer Security |
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| Abuse of Official Capacity |
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| Unlawful Carrying a Weapon |
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| reckless; Class A; Sec. 32.48 |
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| "Identifying Information" |
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Definition
means information that alone or in conjunction with other information identifies a person, including a person's:
(A) name and social security number, date of birth, or government-issued identification number;
(B) unique biometric data, including the person's fingerprint, voice print, or retina or iris image;
(C) unique electronic identification number, address, routing code, or financial institution account number; and
(D) telecommunication identifying information or access device. |
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| "Telecommunication access device" |
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Definition
means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another telecommunication access device may be used to:
(A) obtain money, goods, services, or other thing of value; or
(B) initiate a transfer of funds other than a transfer originated solely by paper instrument. |
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Definition
| means the illegal or improper act or process of a caregiver, family member, or other individual who has an ongoing relationship with the resident using the resources of a resident for monetary or personal benefit, profit, or gain without the informed consent of the resident. |
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| Sec. 33.021. ONLINE SOLICITATION OF A MINOR. |
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Definition
3rd Degree
A person
Who is 17 years of age or older
With the intent to arouse or gratify the sexual desire of any person,
Over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service
Intentionally
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor. |
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| Sec. 33.021. ONLINE SOLICITATION OF A MINOR. |
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Definition
2nd Degree
1. A person
2. Over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service
3. Knowingly solicits a minor to meet another person, including the actor
4. With the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse
5. With the actor or another person. |
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Term
| SEC 33.05 TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE |
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Definition
1st degree
Attempted 3rd
A person
Knowingly
accesses a computer, computer network, computer program, computer software, or computer system
that is a part of a voting system that uses direct recording electronic voting machines and by means of that access:
(a) prevents a person from lawfully casting a vote;
(b) changes a lawfully cast vote;
(c) prevents a lawfully cast vote from being counted; or
(d) causes a vote that was not lawfully cast to be counted. |
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Term
| Sec. 33A.02. UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE. |
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Definition
A person
An officer, shareholder, partner, employee, agent, or independent contractor of a telecommunications service provider
Knowingly and
Without authority uses or diverts telecommunications service
For the person's own benefit or to the benefit of another. |
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Term
| Ch 34.02- Money Laundering |
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Definition
1. A person
2. Knowingly
3. Does one of the following
(a) acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity;
(b) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity;
(c) invests, expends, or receives, or offers to invest, expend, or receive, the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; or
(d) finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity. |
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Term
Intentionally
Knowingly
Recklessly
Negligently |
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Definition
| The highest is intentionally, then knowingly, then recklessly, then criminal negligence |
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Term
1. Intoxication- Voluntary intoxication is NEVER a defense to a criminal charge!!
BUT, |
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Definition
After a person is found guilty, during the punishment phase of the trial that person can bring in evidence of her intoxication to try to mitigate (lessen) punishment.
If the defendant can prove Involuntary intoxicated then they could be found not guilty of the crime charged. E.g., drugged. |
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Term
| a juvenile of age 10 can be certified as an adult in murder and capital murder cases but can’t get the death penalty if under the age of 18. |
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Definition
| SCOTUS Roper v. Simmons, 2005 |
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Term
| a juvenile age 14 but under 17 and committed a 1st degree felony or aggravated controlled substance felony can be certified as an adult |
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Definition
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Term
| a juvenile of age 13-16 can be certified as an adult for any felony |
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Definition
FALSE. The correct answer is:
a juvenile of age 15-16 can be certified as an adult for any felony |
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Term
| Bodily Injury (3 meanings) |
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Definition
A. physical pain --punches, slaps, etc.
B. illness – poison, HIV exposure
C. any impairment of physical condition |
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Term
| Serious Bodily Injury 7 Types |
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Definition
1. Serious bodily injury that causes death OR
2. That creates a substantial risk of death OR
3. That causes serious permanent disfigurement OR
4. That causes protracted (extended period of time) loss of the function of any bodily member OR
5. That causes protracted loss of the function of any bodily organ OR
6. That causes a protracted impairment of the function of any bodily member OR
7. That causes a protracted impairment of the function of any bodily organ |
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Term
| PROTRACTED LOSS OF FUNCTION MEANS |
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Definition
| The injured body part will not act, look, move, work as it did before injury. |
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Term
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Definition
anything that by its actual or intended use can or does cause serious bodily injury or death
1. Crimes committed with a deadly weapon are at least a 2nd degree felony.
2. Deadly weapon aggravates (increases penalty) a crime. |
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Term
| E.g., robbery is a 2nd degree felony- robbery with a deadly weapon is aggravated robbery, |
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Definition
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Term
| If a person is convicted of a crime involving a deadly weapon that person: |
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Definition
A. CANNOT get community supervision (probation) from a judge but can get it from a jury.
B. Must serve one half (50%) of the sentence before eligible for parole.
Keep an eye on this as the % changes with each Legislature, it seems. |
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Definition
| is a term used to decide if a defendant was justified in using force to protect himself, others, property, or to effect an arrest (it quantifies how much and defines what type force) |
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Term
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Definition
| is a term used by the State to try to increase punishment (it’s a thing, a physical item, not a quantity, not an abstract definition). |
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Term
| means any place to which the public or a substantial group 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. |
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Definition
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Term
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Definition
EXAMPLES:
Front yard, sidewalk, driveway, HEB but not “employee only” area, not locked areas (usually).
Public view if you can see it from public places – No, sitting naked and smoking doobbies in windows with public view. |
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Term
Murder- Ch 19,
Usually a 1st degree felony BUT… |
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Definition
If the defendant can prove that he killed under the immediate influence of sudden passion arising from adequate cause then it is a punished as a 2nd degree felony.
Still convicted of murder but sentence lighter |
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Term
| Murder- 1st degree felony (1st type) |
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Definition
A. a person
B. intentionally or knowingly
C. causes the death of an individual;
E.g., Fred Felon wants Sally dead and shoots him
E.g., bombing neighbors car |
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Term
| Murder- 1st degree felony (2nd type) |
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Definition
A. a person
B. with the intent to cause serious bodily injury (to ANY person)
C. does an act clearly dangerous to human life
D. that causes the death of an individual (the person killed does not have to be the person X wanted to injure):
E.g., Busch wants to hurt Faux-hawk badly and throws a wrench at Faux-hawk and hits and kills California (in this case Busch did not want to kill California or Faux-hawk however, it is still murder ) |
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Term
| Felony Murder- 1st degree felony (3rd type) |
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Definition
A. a person
B. attempts or commits a felony
C. in the course of committing, attempting to commit or the immediate flight from committing or attempting to commit that felony
D. commits or attempts to commit an act clearly dangerous to human life
E. that causes the death of an individual;
e.g., X does not want to kill anyone, X just does something stupid and as a result, someone dies.
* Not capital murder because no intent to kill and does not fall within the laundry list of what is capital murder. |
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Term
Example:
A man walks into a Valero with a gun and starts robbing the clerk. The gun accidentally goes off and kills someone |
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Definition
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Term
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Definition
A. Must fall within this list:
B. intentionally or knowingly causes the death of an individual and,
C. the individual that died was a police officer or firefighter acting in the lawful discharge of his duty and the defendant knew that he was a police officer or a firefighter
D. Intentionally kills while committing or attempting to commit, kidnapping, burglary, robbery, aggravated sexual assault, arson or obstruction retaliation or terroristic threat (except placing a person in fear of serious bodily injury)
E. the murder was committed for remuneration or the promise of remuneration or employs another for remuneration or the promise of remuneration (murder for hire)
F. while escaping or attempting to escape from a penal institution
G. the person commits the murder while incarcerated:
H. the person murders someone while serving prison time for murder OR while serving a life sentence for aggravated kidnapping, aggravated sexual assault, or aggravated robbery
I. a person murder more than one person at the same time (mass murder)
J. a person murders more than one person pursuant to the same scheme (serial killer)
K. a person murders a child under the age of 10
L. An inmate murders another with the intent to participate in a prison gang
M. An inmate murders another while serving life or 99 years for a CCP 42.12 Section 3(g)(a). |
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Term
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Definition
2nd degree felony
A. a person
B. recklessly- aware of but consciously disregards
C. causes the death of an individual
Got rid of voluntary and involuntary manslaughter. It is just manslaughter.
Example:
Man is cleaning a firearm and it discharges killing someone.
She runs into traffic to escape assault by boyfriend. |
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Term
State Jail Felony
A. a person
B. with criminal negligence (a person ought to be aware of circumstances surrounding their action)
C. causes the death of an individual
Examples:
Man throws a lawn dart in the air and it hits someone in the head and kills them.
Hood surfing. |
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Definition
| 19.05 Criminally Negligent Homicide- |
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Term
| What are the four kinds of murder? |
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Definition
1. Intentionally murder- murder- 1st degree
2. Knowingly murder- murder- 1st degree
3. Recklessly murder- manslaughter- 2nd degree
4. Criminally negligent- Criminally negligent homicide- State jail felony |
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Term
| 20 Unlawful Restraint and Kidnapping |
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Definition
Restrain:
A. to restrict a person’s movement without consent
1. Restriction is without consent if:
A. accomplished by force OR
B. victim is under the age of 14 (child custody) OR
C. victim is incompetent and guardian/parent did not give permission for the restriction of movement or confinement of that person(nursing home)
B. by moving a person from one place to another OR
C. by confining the person OR
D. by confining that person, a child 14-17 (inclusive) is taken outside the state AND 120 mile radius of the residence and the guardian did not give permission
Example:
John gets mad at his girlfriend, handcuffs her to the restroom at work- class A |
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Term
A. a person
B. intentionally or knowingly
C. restrains another person
Punishment:
1. Class A
2. State Jail - If the child was under 17
3. Third Degree - The defendant recklessly exposed the victim to a substantial risk of serious bodily injury
This law does not apply to a police officer if the restriction was due to a LAWFUL restraint or detention |
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Definition
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Term
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Definition
1. A person
2. Intentionally or knowingly
3. Abducts another person |
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Term
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Definition
1. A person
2. Intentionally or knowingly
3. Abduction of a person
4. With intent to:
A. hold them for ransom or reward
B. use as a shield or hostage
C. facilitate the attempt, commission or flight of a felony
D. inflict bodily injury or violate or abuse sexually
E. terrorize the victim or a 3rd person
F. interfere with a government or political function
G. deadly weapon
*If the kidnapper released the victim alive and in a safe
place- 2nd degree felony |
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Term
1. A person
2. Intentionally or knowingly
3. Abduction of a person
4. With intent to:
A. hold them for ransom or reward
B. use as a shield or hostage
C. facilitate the attempt, commission or flight of a felony
D. inflict bodily injury or violate or abuse sexually
E. terrorize the victim or a 3rd person
F. interfere with a government or political function
G. deadly weapon
*If the kidnapper released the victim alive and in a safe
place- 2nd degree felony |
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Definition
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Term
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Definition
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Term
| 21.11 Indecency with a child |
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Definition
Third degree felony
1. A person
2. Intentionally or knowingly exposes his anus or genitals
3. With intent to arouse or gratify the sexual desire of any person
4. Knowing that a child under 17 (not a spouse) is present |
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Term
It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex (high school rule);
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. |
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Definition
| 21.11 Indecency with a child |
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Term
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Definition
means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person. |
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Term
| 21.06- Homosexual Contact |
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Definition
| 21.06 was declared unconstitutional by Lawrence v. Texas, 123 SCOTUS 2472. |
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Term
| Lawrence v. Texas, 123 SCOTUS 2472 |
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Definition
| 21.06 was declared unconstitutional by Lawrence v. Texas, 123 SCOTUS 2472. |
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Term
| 21.06 was declared unconstitutional |
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Definition
| 21.06- Homosexual Contact |
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Term
| 22.01- Assault by Contact |
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Definition
1. A person
2. Intentionally or knowingly or recklessly
3. Causes physical contact with another
4. When the defendant knows or should reasonably believe that the other will consider the contact offensive or provocative
* Class C unless committed on elderly (65+) or disabled person then class A. |
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Term
1. A person
2. Intentionally or knowingly or recklessly
3. Threatens another including the actors spouse
4. With imminent (going to happen right now) bodily injury; (must be able to injure person)
Class C |
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Definition
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Term
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Definition
1. A person
2. Intentionally or knowingly or recklessly
3. Causes bodily injury to another including the actor’s spouse
Class A assault with bodily injury if defendant caused physical pain, illness, impairment of physical condition
Unless:
Assault 3rd degree of public servant
Prior DV conviction |
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Term
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Definition
* Assault by touch, slap- Class C M
** Assault by threat- Class C M
*** Leaves some kind of mark- Class A M
Enhanced to 3rd degree F in some cases.
F = Felony
M = Misdemeanor |
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Term
| 22.10- Leaving a child in a vehicle |
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Definition
Class C
1. A person
2. Intentionally or knowingly
3. Leaves a child under 7 years of age
4. In a motor vehicle
5. For longer than 5 minutes
6. Knowing the child is not attended by a person 14 years of age or older
**A vehicle is not a babysitter. Know the ages and the times. |
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Term
Class C
1. A person
2. Intentionally or knowingly
3. Leaves a child under 7 years of age
4. In a motor vehicle
5. For longer than 5 minutes
6. Knowing the child is not attended by a person 14 years of age or older |
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Definition
| 22.10- Leaving a child in a vehicle |
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Term
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Definition
Class A
1. A person
2. Recklessly
3. Engages in conduct that places another in imminent danger of serious bodily injury
Example: Just about a lot of stuff can be Deadly Conduct
Hood surfing
Pointing guns at people
Reckless endangerment presumes that the defendant, actor pointed in the direction of another a firearm whether or not the defendant believed it to be loaded |
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Term
Deadly Conduct
22.05-3rd degree |
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Definition
1. A person
2. Knowingly
3. Discharges a firearm at or near
A. the direction of one or more individuals (e.g., drive by)
B. a habitation
C. building or
D. vehicle
4. is reckless as to whether the habitation, building or vehicle is occupied |
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Term
Terroristic Threats
22.07 - Usually Class A or B |
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Definition
1. A Person
2. Intentionally or knowingly
3. Threatens to commit an offense that would involve violence
4. To any person or property
5 With intent to:
A. cause a reaction by an official or volunteer agency organized to deal with emergencies (Class B) bomb threat at someone's house
OR,
B. place any person in fear of imminent serious bodily injury (Class B) (Unless household member or public servant-Class A)
OR,
C. prevent or interrupt the occupation or use of a building, conveyance, or other public place (Class A) (State jail Felony if $1500.00 or more in damage to a building room, place or conveyance)
OR,
D. cause impairment or disruption of a public communications, transport, water, Sewer power or other service (3rd degree)
E. Place the public or a substantial group of the public in fear of serious bodily injury
(3rd degree)
F. Influence the conduct or activities of any part of government (3rd degree) |
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Term
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Definition
22.08- Class C or State Jail Felony
1. A person
2. Intentionally or knowingly
3. With intent to promote or assist suicide
4. Aids or attempts to aid another to commit suicide
Class C unless person dies or receives serious bodily injury, then it is State Jail |
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Term
| 22.08- Class C or State Jail Felony |
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Definition
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Term
| In Texas there are ___ definitions of without consent |
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Definition
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Term
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Definition
1. Without consent means the defendant compelled the victim to submit or participate by the use of force or violence
2. The defendant compelled the victim to submit or participate by threatening to use force or violence against the victim
3. The victim has not consented and the victim is unconscious or physically unable to resist
4. The defendant knew that the victims mental disease or defect made the victim incapable of appraising the act or resisting it because of mental disease or defect
5. The victim did not consent and the defendant knew the victim was unaware that a sexual assault was occurring and has not consented
6. The defendant intentionally impaired the victims power to control the victim’s conduct by administering any substance without the victims knowledge
7. The defendant compelled the victim to submit or participate by threatening a third person and believes that the actor has the present ability to execute the threat
8. The defendant is a public servant who coerced (forced, threatened, promised to take or withhold action) the victim to submit
“Officer we can work out this ticket.”
9. The defendant is a mental health service provider who caused the victim (patient or former patient) to participate by exploiting the victim’s emotional dependency on the defendant
Psychiatric institution
10. The defendant is a “clergy” man who causes the other person (parishioner) to participate because of the person’s emotional dependency on the clergyman
Priest, David Koresh, etc. |
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Term
22.011 Sexual Assault – ASSAULT not a sex crime
22.021 Aggravated Sexual Assault – ASSAULT not a sex crime
1. Sexual assault is in Chpt 22, Assaultive offenses; not in Chpt 21 which is called Sexual offense |
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Definition
| 1. Sexual assault is in Chpt 22, Assaultive offenses; not in Chpt 21 which is called Sexual offense |
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Term
| 1. Sexual assault is in Chpt 22, Assaultive offenses; not in Chpt 21 which is called Sexual offense |
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Definition
| Assaultive offenses; not in Chpt 21 which is called Sexual offense |
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Term
| In Texas because of the language of the statutes, sexual assault or aggravated sexual assault can be as follows: |
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Definition
A. male to female
B. male to male
C. female to female
D. female to male |
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Term
| Penetration of the mouth, anus, or female sex organ |
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Definition
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Term
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Definition
1. Intentionally or knowingly
2. Causes the penetration of the mouth, anus, or female sex organ by ANY means without consent
OR
3. Causes the sex organ of one person to contact or penetrate the mouth, anus, or sex organ of another person including the actor without consent |
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Term
| Victim's sexual organ penetrates mouth, anus, or sex organ |
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Definition
1. Intentionally or knowingly
2. Causes the sex organ of the victim
3. To contact or penetrate the mouth, anus or sex organ
4. Of any person (including the actor)
5. Without the other persons consent or
6. Victim is under 17 years of age |
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Term
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Definition
| - if defendant is less than 3 years older than the child and has the child’s actual consent it is a defense BUT, the child has to be over 14 years of age |
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Term
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Definition
| Aggravated Sexual Assault |
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Term
| Aggravated Sexual Assault |
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Definition
Ch 22.021- 1st degree
1. Sexual assault of a child under the age of 14
2. Sexual assault and causes serious bodily injury to the victim or another or death of the victim or another |
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Term
3. Sexual assault and by acts or words the defendant places the victim in fear that death, serious bodily injury or kidnapping would be imminently inflicted on the victim or another.
4. Sexual assault and by the defendant acts or words occurring in the presence of the victim threatens to cause death, serious bodily injury or kidnapping of the victim or another. |
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Definition
Note: most of what we consider rapes are number 3 and 4
Aggravated Sexual Assault |
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Term
| Aggravated Sexual Assault |
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Definition
5. Sexual assault and uses or exhibits a deadly weapon
6. Sexual assault and the defendant acted in concert with another for sexual assault on the same victim in the same criminal episode
Jodi Foster movie http://en.wikipedia.org/wiki/The_Accused_(1988_film)
7. Sexual assault and the defendant administered or provided fluitrazepam (Rohypnol), or gama hydroxybutyrate, (GHB), or ketamine to the victim with the intent to facilitate the offense (date rape)
8. Sexual assault and the victim is over 65 years of age
9. Person is over 14 years of age and disabled |
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Term
10. Place the victim in fear that someone will become the victim of certain human trafficking offenses
11. Threatening to cause someone to become a victim of human trafficking offenses. |
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Definition
| Aggravated Sexual Assault |
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Term
| Super Aggravated Sexual Assault Not in the penal code |
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Definition
The minimum term of imprisonment for an offense under this section is increased to 25 years to life if:
(1) the victim of the offense is younger than 6 years of age at the time the offense is committed; or
(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A). |
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Term
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Definition
AKA Date rape drug
Comes in tablets and injectable form
Treatment for insomnia and used as a pre anesthetic
Legal in Mexico |
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Term
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Definition
| Liquid XTC is the street name |
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Term
|
Definition
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Term
| 25.02- Prohibited Sexual Conduct |
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Definition
3rd degree
A person
2. Intentionally or knowingly
3. Engages in sexual intercourse or deviant sexual intercourse
4. With another whom the defendant knows to be a “relative” [“blood”, adoption, stepchildren] |
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Term
|
Definition
| Prohibited Sexual Conduct |
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Term
Prohibited Sexual Conduct
(Jerry Springer) |
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Definition
3rd degree
A. stepchild or stepparent
B. parent’s brother or sister by whole or half blood (Aunts and uncles)
C. brother or sister by whole or half blood or adoption
D. child of a brother or sister of whole or half blood or adoption (Nieces and nephews)
E. children of the actor’s aunt or uncle by whole or half blood or by adoption (1st cousins) |
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Term
| Looks a lot like enticing or kidnapping a child but it isn’t. This is a crime between parents. |
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Definition
| 25.03- Interference with Child Custody |
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Term
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Definition
Class B [unless defendant intended to commit a felony against the child] If so, then the punishment becomes a 3rd degree
1. A person
2. Intentionally or knowingly
3. With intent to interfere with the lawful custody of a child under 18
4. Entices, persuades, or takes the child from the custody of the parent or legal guardian |
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Term
| 25.06- Harboring a Runaway Child |
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Definition
Class A
A person
Intentionally or knowingly
Harbors a child under 18
And the defendant is criminally negligent as to whether the child is under 18 and does not have parental permission, or
criminally negligent as to whether the child has “escaped” from custody of a probation officer, peace officer or the Texas Youth Commission], or
Is voluntarily absent from home without consent
****HINT: “Juvenile” is not in the title. |
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Term
|
Definition
| A structure or vehicle adapted for the overnight accommodations of persons and includes each separately secured or occupied portion of the structure or vehicle and/or each structure appurtenant to or connected with the structure or vehicle. |
|
|
Term
|
Definition
Enclosed structure intended for use [occupation/trade, manufacture, ornament, or use]
E.g., House being constructed
A) no doors or windows- not a building because not enclosed
B) doors and windows are in building |
|
|
Term
| Any device in, on or by which a person or property is or may be propelled, moved or drawn in the normal course of commerce or transportation except habitations. |
|
Definition
|
|
Term
| 30.02- Burglary (Penalties) |
|
Definition
Burglary of a Building
State Jail Felony
Burglary of a Habitation
2nd Degree
Burglary of a Habitation with the Intent to Commit a Felony other than Theft
1st Degree |
|
|
Term
| 30.04 **Burglary of Vehicles “Chicken shit test questions.” |
|
Definition
1. A person
2. Intentionally or knowingly
2. Without effective consent of the owner
3. Breaks into or enters
4. A vehicle or any portion of a vehicle
5. With intent to commit a felony or theft |
|
|
Term
State Jail-
1. A person
2. Intentionally or knowingly
3. Operates a boat, airplane or motor propelled vehicle
4. Belonging to another
3. Without effective consent of the owner |
|
Definition
| 31.07 Unauthorized Use of a Vehicle |
|
|
Term
|
Definition
| 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 |
|
|
Term
42.01- Disorderly Conduct
Vulgar Fucking Language |
|
Definition
Class C
1. A person
2. Intentionally or knowingly
3. Uses in a public place
4. Abusive, indecent, profane or vulgar language 5. Which, by its very utterance tends to incite an immediate breach of the peace |
|
|
Term
Offensive Gesture or Display
Class C
1. A person
2. Intentionally or knowingly
3. In a public place
4. Makes an offensive gesture or display
5. Which tends to incite an immediate breach of the peace |
|
Definition
| 42.01- Disorderly Conduct |
|
|
Term
42.01- Disorderly Conduct
Odor |
|
Definition
Chemical Odors
Class C
1. A person
2. Intentionally or knowingly
3. In a public place
4. Creates an obnoxious and unreasonable odor. |
|
|
Term
Threats
Class C
1. A person
2. Intentionally or knowingly
3. In a public place
4. Abuses or threatens another person
5. In an obviously offensive manner.
(It is a defense to prosecution under this Subsection that the actor had significant provocation for his abusive or threatening conduct. |
|
Definition
42.01- Disorderly Conduct
Threat |
|
|
Term
42.01- Disorderly Conduct
Noise |
|
Definition
Unreasonable Noise
Class C
1. A person
2. Intentionally or knowingly
3. Makes unreasonable noise
A. In a public place
B. Near a private residence |
|
|
Term
Fighting
Class C
1. A person
2. Intentionally or knowingly
3. In a public place
4. Fights with another. |
|
Definition
42.01- Disorderly Conduct
Fighting |
|
|
Term
42.01- Disorderly Conduct
Exposing anus or genitals |
|
Definition
Exposing Anus or Genitals
Class C
1. A person
2. Intentionally or knowingly
3. In a public place
4. Exposes his/her anus or genitals
5. And is reckless about who may see.
(Streaking or mooning) |
|
|
Term
|
Definition
Class B
A person
Intentionally or Knowingly
Participates in assemblage of seven or more persons
Does one of the following
a. Creates an immediate danger of damage to property or injury to persons
b. Substantially obstructs law enforcement or other governmental functions or services
c. By force, threat of force or physical action disturbs any person of a legal right or disturbs any person in the enjoyment of a legal right
42.02(f)
**Same punishment for those who participate in the riot [ if that crime was in furtherance of the riot and should have been anticipated]
** Be aware of the 1st Amendment rights of Assembly and Petitioning the Government |
|
|
Term
| 42.05 - Disrupting Meeting or Procession |
|
Definition
Class B
1. A person
2. With intent to prevent or disrupt
3. Intentionally or knowingly
4. Obstructs or interferes
5. With a lawful meeting, procession or gathering
6. By physical action or verbal utterance
Does not have to be done in a public place
Heckler?
1st amendment right of speech
* Disorderly conduct (Class C) |
|
|
Term
|
Definition
| means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. |
|
|
Term
| means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles. |
|
Definition
|
|
Term
| 46.02- Unlawfully Carrying a Weapon |
|
Definition
Class A
1. A person
2. Intentionally, knowingly, or recklessly
3. Carries on or about his/her person
4. A handgun, illegal knife, or club |
|
|
Term
Class A
1. A person
2. Intentionally, knowingly, or recklessly
3. Carries on or about his/her person
4. A handgun, illegal knife, or club |
|
Definition
| 46.02- Unlawfully Carrying a Weapon |
|
|
Term
46.02- Unlawfully Carrying a Weapon
3rd Degree |
|
Definition
3rd degree
1. A person
2. Intentionally, knowingly, or recklessly
3. Carries on or about his/her person
4. A handgun, illegal knife, or club
5. On premises licensed or issued a permit by the State for the sale or service of alcoholic beverages. |
|
|
Term
46.04- Unlawful Possession of A Firearm
3rd Degree |
|
Definition
TEST QUESTION!
3rd degree
By Felony-
1. Person
2. Who has been convicted of a felony
3. Intentionally or knowingly
4. Possesses a firearm
5. (One of the following)
A) within 5 years of conviction
B) within 5 years of release from community supervision |
|
|
Term
46.04- Unlawful Possession of A Firearm
Class A |
|
Definition
Class A
By a Person Convicted of Family Violence (22.01)-
1. Person
2. Who has been convicted of family or household violence
3. Intentionally or knowingly
4. Possesses a firearm
5. (One of the following)
A) within 5 years of conviction
B) within 5 years of release from community supervision
NOTE: whichever is later |
|
|
Term
|
Definition
46.05- 3rd degree, State Jail Felony or Class A
1. Person
2. Intentionally or knowingly
3. Possesses, manufactures, transports, repairs, or sells
The following are misdemeanors:
H) Switchblade knife
I ) Knuckles
The following is a State Jail Felony:
J) Possession, manufacture, transportation, repair or sale of a tire deflation device
Note: There are exceptions for the military, law enforcement, correctional institutions, and being registered under the National Firearms |
|
|
Term
The following are misdemeanors:
H) Switchblade knife
I ) Knuckles
The following is a State Jail Felony:
J) Possession, manufacture, transportation, repair or sale of a tire deflation device
Note: There are exceptions for the military, law enforcement, correctional institutions, and being registered under the National Firearms |
|
Definition
|
|
Term
Class A
A) Transferring of Handgun for Unlawful Use
1. Person
2. Intentionally or knowingly
3. Sells, rents, leases, loans, or gives
4. A handgun to another
5. Knowing person to whom handgun is delivered intends to use it for commission of an unlawful act. |
|
Definition
| 46.06- Unlawfully Transferring a Firearm |
|
|
Term
|
Definition
Class A
1. Person
2. Knowingly
3. Manufactures, sells purchases, transports, or possesses a hoax bomb
4. With intent to use the hoax bomb to do (one of the following):
A) Make another believe that the hoax bomb is an explosive or incendiary device
B) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies |
|
|
Term
|
Definition
Class C
Person
Intentionally or knowingly
Does (one of the following):
Makes a bet on (one of the following):
Partial or final result of a game or contest
Performance of a participant in a game or contest
Result of any political nomination, appointment, election |
|
|
Term
| 49.031- Possession of Alcohol Beverage in Motor Vehicle |
|
Definition
Class C
1. Person
2. Knowingly
3. Possess an alcoholic beverage in an open container
4. In a passenger section of a motor vehicle not used to transport person for compensation or a motor home.
5. Located on a public highway |
|
|
Term
Does not include trunk, glove compartment or similar locked compartment, or behind the last upright seat in a motor vehicle without a trunk
Cannot Arrest |
|
Definition
| 49.031- Possession of Alcohol Beverage in Motor Vehicle |
|
|
Term
| 49.04 Driving While Intoxicated |
|
Definition
First Offense- Class B
First Offense is a class A misdemeanor if the defendant had a BAC of 0.15 or higher at the time the analysis was performed. |
|
|
Term
| 49.04 Driving While Intoxicated |
|
Definition
1. Person
2. Operates a motor vehicle
3. In a public place
4. While intoxicated |
|
|
Term
|
Definition
DWI, 1st Offense:
Class B Misdemeanor in Texas
Fine - A fine not to exceed $2,000.
Jail - Confinement in the County Jail for a term of not less the 72 hours nor more that six (6) months.
Open Container - If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.
Community Service - Texas law mandates that a judge order not less than 24 hours nor more than 100 hours. |
|
|
Term
| 49.08- Intoxication Manslaughter |
|
Definition
2nd degree
1st degree if Police officer, Firefighter or EMT
Person
While intoxicated
Operates a motor vehicle, aircraft, water craft, or an amusement ride
In a public place
Causes the death of another by accident or mistake |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
| GIFT TO PUBLIC SERVANT BY PERSON SUBJECT TO HIS JURISDICTION |
|
Definition
Class A
A person
Intentionally or knowingly
offers, confers, or agrees to confer
any benefit
on a public servant
knowing the public servant is prohibited by law from accepting.
May not apply to police officers |
|
|
Term
Class A
A person
Intentionally or knowingly
with intent to deceive and with knowledge of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
(2) he makes a false un-sworn declaration under Chapter 132, Civil Practice and Remedies Code. |
|
Definition
|
|
Term
|
Definition
It is a defense to prosecution under Section 37.03 (Aggravated Perjury) that the actor retracted his false statement:
(1) before completion of the testimony at the official proceeding; and
(2) before it became manifest that the falsity of the statement would be exposed. |
|
|
Term
| 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT EMPLOYEE. |
|
Definition
Class B
A person
Intentionally or Knowingly
with intent to deceive,
knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.
(b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
* NO OATH is involved |
|
|
Term
| 37.09. TAMPERING PHYSICAL EVIDENCE. |
|
Definition
Tampering
3rd degree
1. A person
2. knowing that an investigation or official proceeding is pending or in progress
3. Intentionally or knowingly
4. 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; |
|
|
Term
| 37.09. FABRICATING PHYSICAL EVIDENCE. |
|
Definition
Fabricates Physical Evidence
3rd Degree
1. A person
2. knowing that an investigation or official proceeding is pending or in progress
3. Intentionally or knowingly
4. With intent to affect the course or outcome of the investigation or official proceeding.
4. makes, presents, or uses any record, document, or thing with knowledge of its falsity
**This section shall not apply if the record, document, or thing concealed is privileged or is the work product of the parties to the investigation or official proceeding |
|
|
Term
|
Definition
(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
(2) he makes a false un-sworn declaration under Chapter 132, Civil Practice and Remedies Code. |
|
|
Term
|
Definition
(1) is made during or in connection with an official proceeding; and
(2) is material.
Basically, lying in court. |
|
|
Term
| 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT EMPLOYEE. |
|
Definition
with intent to deceive,
knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.
(b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
* NO OATH is involved |
|
|
Term
|
Definition
| 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON |
|
|
Term
with intent to deceive, (does one of the following):
(1) files a false report of a missing child or missing person with a law enforcement officer or agency; or
(2) makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person |
|
Definition
| 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON |
|
|
Term
| BCSO shell casing 9mm lost and so BCSO "replaces" 9mm casings |
|
Definition
| 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE |
|
|
Term
| 37.10. TAMPERING WITH GOVERNMENTAL RECORD |
|
Definition
Falsifying a Government Record
A person
Intentionally or knowingly
makes a false entry in, or false alteration of, a governmental record;
With intent to defraud or harm another
Used if TDL DOB has been changed. |
|
|
Term
| Used if TDL DOB has been changed. |
|
Definition
| 37.10. TAMPERING WITH GOVERNMENTAL RECORD |
|
|
Term
| 37.11. IMPERSONATING PUBLIC SERVANT |
|
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 |
|
|
Term
|
Definition
| 38.02. FAILURE TO IDENTIFY |
|
|
Term
38.02. FAILURE TO IDENTIFY
Refuses to Identify |
|
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. |
|
|
Term
38.02. FAILURE TO IDENTIFY
Gives Fictitious Identity |
|
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. |
|
|
Term
|
Definition
| When operating motor vehicle. NOT required under 38.02. FAILURE TO IDENTIFY. |
|
|
Term
| 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION |
|
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. |
|
|
Term
| 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION |
|
Definition
| **It is no defense to prosecution under this section that the arrest or search was unlawful. |
|
|
Term
| Must have lawful arrest FIRST |
|
Definition
38.02. FAILURE TO IDENTIFY
Refusal to identify |
|
|
Term
Must be lawfully detained
Must be lawfully arrested
A witness to a crime |
|
Definition
38.02 FAILURE TO IDENTIFY
Gives Fictitious Identity |
|
|
Term
...prevents or obstructs a person
...by using FORCE AGAINST the peace officer or another |
|
Definition
| 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION |
|
|
Term
|
Definition
| 38.04 HB 3423 adds federal investigator as another type of official from whom a person may be prosecuted for evading |
|
|
Term
|
Definition
| Not under arrest for evading |
|
|
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 |
|
Definition
| Sec. 38.04. EVADING ARREST OR DETENTION |
|
|
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 |
|
Definition
3rd Degree
Sec. 38.04. EVADING ARREST OR DETENTION |
|
|
Term
38.171- Punishment- Class A
FAILURE TO REPORT |
|
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 |
|
|
Term
| Sec. 38.05. HINDERING APPREHENSION OR PROSECUTION |
|
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. |
|
|
Term
| EVADING V. RESISTING V. HINDERING |
|
Definition
FLEEING
FORCE
DECEIVING-HIDING |
|
|
Term
|
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 |
|
|
Term
|
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 |
|
|
Term
|
Definition
1. A person
2. Intentionally or knowingly
3. Escapes from custody when: (one of the following)
4. To effect escape causes bodily injury |
|
|
Term
|
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 |
|
|
Term
|
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 |
|
|
Term
| 38.08 effect of unlawful custody |
|
Definition
| no defense to prosecution if custody was unlawful |
|
|
Term
| 38.09- Implements for Escape |
|
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 |
|
|
Term
|
Definition
SEC 38.10 Bail 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 |
|
|
Term
| 38.11. PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL FACILITY |
|
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 |
|
|
Term
| Correctional facility includes |
|
Definition
County Jail
Municipal Jail
Secure juvenile correctional facility
Secure juvenile detention facility
Confinement facility operated under contract (ie, GEO)
TDCJ |
|
|
Term
38.111 IMPROPER CONTACT WITH VICTIM
Class A |
|
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. |
|
|
Term
38.111 IMPROPER CONTACT WITH VICTIM
3rd Degree |
|
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. |
|
|
Term
38.112. VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS OF SEXUAL ASSAULT.
Class A |
|
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. |
|
|
Term
| 38.113 Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site |
|
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 |
|
|
Term
| 38.12- Barratry and Solicitation of Professional Employment |
|
Definition
With intent to obtain an economic benefit
LAWYERS!! |
|
|
Term
|
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 |
|
|
Term
38.13. HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.
Intentionally |
|
Definition
Class A
Intentionally
A person
Intentionally
Hinders an official proceeding
By noise or violent or tumultuous behavior or disturbance. |
|
|
Term
38.13. HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.
Recklessly |
|
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. |
|
|
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. |
|
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 |
|
|
Term
|
Definition
Firearm
Stun gun
Nightstick
Personal protection chemical dispensing device |
|
|
Term
| You have no right to use force to resist arrest or search lawful or unlawful |
|
Definition
|
|
Term
| You do have a right to resist force |
|
Definition
| FALSE. The correct answer is: You do have a right to resist EXCESSIVE force |
|
|
Term
38.15
Similar but not the same 38.16 Preventing Execution of Civil Process |
|
Definition
| Interference with Public Duties |
|
|
Term
| 38.15- Interference with Public Duties |
|
Definition
With criminal negligence
Interrupts/disrupts/impedes/ or interferes with |
|
|
Term
Sec 38.151 Interference with Police Service Animals
Class C |
|
Definition
A person
Recklessly
Taunts, torments or strikes a police service animal |
|
|
Term
Sec 38.151 Interference with Police Service Animals
Class B |
|
Definition
Class B
A person
Recklessly
3. Throws an object or substance at animal |
|
|
Term
Sec 38.151 Interference with Police Service Animals
Class A |
|
Definition
Class A
A person
Recklessly
Does one of the following:
a. interferes with or obstructs
b. interferes with or obstructs the handler or rider in control of the animal
c. releases from area of control
d. enters area of control without permission |
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Term
Sec 38.151 Interference with Police Service Animals
State Jail Felony |
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Definition
State jail Felony
A person
Recklessly
Engages in conduct which injures or is likely to injure the animal |
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Term
Sec 38.151 Interference with Police Service Animals
2nd Degree |
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Definition
2nd degree
A person
Recklessly
Engages in conduct which kills or is likely to kill the animal |
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Term
| Sec. 38.17 FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD. |
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Definition
Class A
A person
Observes the commission or attempted commission of aggravated sexual assault of a child or continuous sexual abuse (under 14 years of age)
Fails to assist the child or fails to report it
Without placing the person in danger of serious bodily injury or death |
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Term
| Sec. 38.171 Failure to Report Felony |
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Definition
Class A
1. A person
2. Intentionally or knowingly
3. Observes the commission of a felony in which serious bodily injury or death may have resulted AND
4. Fails to immediately report it
5. Under the following circumstances:
a. it had not been reported
b. it would not put the actor in danger of suffering bodily injury or death |
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Term
| 38.18 Use of Accident Report Information & Other Information for Pecuniary Gain |
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Definition
Class B
A person
Obtains, or hires another to obtain
Accident reports (911 logs, towing records, and certain Health and Safety Code information-911 information)
Which is not confidential
And which is then to solicit business or employment
Ambulance Chasers = Attorneys |
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Term
| Accident report v. Confidential Report |
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Definition
Accident report is found in the Transportation Code
Confidential Report is found in the Health and Safety Code |
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Term
| 39.02 Abuse of Official Capacity |
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Definition
Misapplying Anything of Value
A Public Servant
with intent to obtain a benefit or to harm or defraud another
Intentionally or knowingly
Misuses services, property, personnel, or anything of value belonging to the government
Which has come into his or her custody
By Virtue of his or her office or employment |
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Term
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Definition
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Term
| Violation of the Civil Rights of a Person in Custody; Improper Sexual activity with a Person in Custody |
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Definition
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Term
39.03 Official Oppression
Is filed where? |
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Definition
District court
Not county court |
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Term
| Violation of Constitutional Rights in Texas is... |
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Definition
| 39.03 Official Oppression |
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Term
| Violation of the Civil Rights of a Person in Custody; Improper Sexual activity with a Person in Custody |
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Definition
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Term
| 39.06- Misuse of Official Information |
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Definition
3rd Degree
Misuse by a Public Servant
A person
Relying on information he/she has access to because of his/her position and which has been made public
Intentionally or knowingly
(one of the following)
a. acquires or aids another to acquire a pecuniary interest in any property, transaction or enterprise affected by the information
b. Speculates or aids another to speculate on the basis of the information
c. coerces another including a principal of a school into suppressing or failing to report information to a law enforcement agency (Class C) |
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Term
39.06- Misuse of Official Information
Improper Disclosure by a public servan |
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Definition
Improper Disclosure by a public servant
A person
Knowingly and intentionally
With intent to obtain a benefit, harm or defraud another
Discloses or uses information
Not made public |
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Term
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Definition
Too generic a term
Disorderly conduct is OK but breach of the peace is not OK |
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Term
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Definition
Fighting
Class C
1. A person
2. Intentionally or knowingly
3. In a public place
4. Fights with another.
Mutual combat |
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Term
| Not public lewdness or indecent exposure because no sexual gratification. |
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Definition
Disorderly Conduct
Exposing Anus or Genitals
Class C
1. A person
2. Intentionally or knowingly
3. In a public place
4. Exposes his/her anus or genitals
5. And is reckless about who may see.
(Streaking or mooning) |
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Term
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Definition
Class C
1. A person
2. Intentionally or knowingly
3. For a lewd or unlawful purpose
4. Does one of the following:
A. enters the property of another and looks into a dwelling on the property through any window or other opening
B. While on the premises of a hotel or comparable establishment looks into a guest room not his own through a window or other opening or
C. While on the premises of a public place looks into an area such as a restroom, shower stall or a changing or dressing room that is designed to provide privacy.
PUBLIC PLACE = Public Lewdness |
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Term
| 42.03- Obstructing Highway or Other Passageway |
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Definition
Class B
1. A person
2. Intentionally, knowingly, or recklessly
3. Without legal privilege or authority
4. Does one of the following:
A. Obstructs any passage accessible to the public used for passage of persons, vehicles or conveyances
B. Disobeys a reasonable request or order to move issued by a person known by the defendant to be a peace officer, fireman or person with authority to control the obstruction of a passageway or maintain public safety by dispersing persons gathered in dangerous proximity to fire, riot or other hazard. |
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Term
"Picketing" means:
42.055 Funeral Service Disruption |
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Definition
(3) "Picketing" means:
(A) standing, sitting, or repeated walking, riding, driving, or other similar action by a person displaying or carrying a banner, placard, or sign;
(B) engaging in loud singing, chanting, whistling, or yelling, with or without noise amplification through a device such as a bullhorn or microphone; or
(C) blocking access to a facility or cemetery being used for a funeral service. |
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Term
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Definition
| Non-Livestock Animal are domesticated living creature including stray or feral cats or dogs and a wild living creature previously captured. |
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Term
| What is the difference between illegal carry of a weapon v. prohibited weapon? |
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Definition
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Term
| (1) "Alcohol concentration" means the number of grams of alcohol per: |
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Definition
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine. |
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Term
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine. |
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Definition
| (1) "Alcohol concentration" means the number of grams of alcohol per: |
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Term
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Definition
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more |
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Term
| Intoxication can be the result of something other than alcohol |
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Definition
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Term
| 49.02 - Public Intoxication |
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Definition
1. Person
2. Appears in a public place
3. While intoxicated
4. To the degree the person may endanger himself/herself or another |
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