Term
|
Definition
| All persons are presumed to be innocent until proven guilty beyond the reasonable doubt. |
|
|
Term
| Proof beyond the reasonable doubt |
|
Definition
| Proof w/o any strand of doubt |
|
|
Term
| Defense (where labelled: it is a defense to prosecution.... |
|
Definition
Prosecuting attny is not reqd to negate the existence of a defense in an accusation charging commission of the offense.
b)The issue of the existence of a defense is not submitted to the jury, unless there is evidence of the defense;
c)Upon such evidense, the court shall acquit.
d)A ground of defense though not listed in this section as such shall also be considered a defense. |
|
|
Term
|
Definition
| You must submit evidence of affirmative defense and prove it b/4 jury. |
|
|
Term
| Presumption is only valid |
|
Definition
1) When facts are presented to the jury;
And 2) the jury finds the facts to be sufficient and 3) upon proof byond the reasonable doubt by the prosecution. |
|
|
Term
|
Definition
| All persons are presumed innocent and may not be convicted of any offense except proven beyond the reasonable doubt. |
|
|
Term
|
Definition
The commission of two or more offenses,whether against >than one person or item of property:
a) during the same transaction or connected to another scheme or plan;
b) or repeated commission of the same or similar offenses. |
|
|
Term
| Consolidation of joinder of prosecutions |
|
Definition
| A defendant may be prosecuted in a single ciminal action for all offenses arising out of asingle criminal episode |
|
|
Term
| Sentences for offeses arising out of same criminal episode |
|
Definition
| Sentences may run concurrently or consecutively even if charges were consolidated in a criminal episode. |
|
|
Term
|
Definition
| In the event of consolidated cases, the defendant shall have a right of severance. |
|
|
Term
|
Definition
A person does not commit an offence unless he :
1) Intentionally;
2) Knowingly;
3)Recklessly;
4) Criminally negligently
engages in conduct as the defined offense requires. They are classified according to degrees from the top to bottom. |
|
|
Term
| Causation, conduct and result |
|
Definition
| a person is criminally responsible if the result would not have occurred but for his conduct, alone or in concert w/ another. |
|
|
Term
|
Definition
| Committed by his own conduct or by the conduct of another foe whom he is criminally responsible or both |
|
|
Term
| criminal ressponsibility for another/complicity |
|
Definition
He aids,causes an innocent or non-responsible pp to engage in conduct prohibited;
acting with intent to promote or assist the commissin of the offense he solicits, encourages, directs, aids, attempts to aid the other pp to commit a crime;
knowingly fails to make a reasonable effort to prevent the commission of an offense,
If in an attempt to carry out a felony, another one occurs. |
|
|
Term
|
Definition
State Jail Felony
3rd degree-180 days-2yrs or $10,000
2nd degree-2-20yrs or $10,000
1st degree-5-99yrs -or $10,000
Capital Felony-life w/oparole/life or death |
|
|
Term
| Emergency Evacuation Order |
|
Definition
| An official stmt issued by a governing body of this state or political subdivision recommending or requiring evacuation of all or part of the population of an area stricken or threatened with disaster. |
|
|
Term
| Objective of the code Pc 1.02 |
|
Definition
1).To Insure Public Safety Through:
a.Deterrent influence of penalties
b.Rehabilitation of convicts
c.To prevent likely occurence.
2.To Give fair warning of what is prohibited and the consequences of violation.
3). to prescribe penalties that are proportionate to the seriousness of offenses and that permit difference in rehabilitation.
4). To safeguard conduct that is w/o guilt from condemnation as criminal
5). To guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive trmt of suspects.
6).To define the scope of state interest in law enforcement. |
|
|
Term
|
Definition
a.) conduct is no offense unless it is defined as such by the law.
b).titles 1,2 & 3 apply to other laws except stated otherwise.
c).This code does not provide for civil remedies. |
|
|
Term
| Territorial Jurisdiction PC 1.04 |
|
Definition
| The territory of TX-Air, Land and Sea and the earth beneath and the heavens above it. |
|
|
Term
|
Definition
| As attained on the last bd anniversary. |
|
|
Term
|
Definition
| A bodily movement, whether voluntary or involunary including speech |
|
|
Term
|
Definition
| A person whose criminal responsbility is in issue in a criminal responsibility ; suspect is an actor in this instant |
|
|
Term
|
Definition
| authority,board, bureau, commission, committee, council, dept, district, division & office. |
|
|
Term
| Alcoholic beverage PC 1.04 abc |
|
Definition
| Alcohol or ant beverage containing >1/2 of 1% alc by vol., Distilled spirits; Illicit beverage, |
|
|
Term
|
Definition
| a person other than the actor |
|
|
Term
|
Definition
| a govt or govtal subdiv or agency, trust, partnership or two or more pp having a joint or common economic interest. |
|
|
Term
|
Definition
| Anything reasonably regarded as economic gain or advantage including benefit to any other pp in whose welfare the beneficiary is interested. |
|
|
Term
|
Definition
| Physical pain, illness or any impairment of physical condition |
|
|
Term
|
Definition
Threat, however communicated:
To commit an offense;
To harm the credit or business repute of any pp
To take or w/hold action as a public servant or to cause a public servant to take or w/hold action.
To inflict bodily injury in the future on the pp threatened or another;
To accuse a person of an offense;
To expose aperson to hatred, contempt or ridicule. |
|
|
Term
|
Definition
| Act or omission & its accompanying mental state |
|
|
Term
|
Definition
| Assent in fact, whether expresed or apparent. |
|
|
Term
|
Definition
| Substance including drug, an adulterant, and a dilutant as listed. |
|
|
Term
|
Definition
| nonprofit, professional associations created pursuant to statute, jt stock coys, |
|
|
Term
|
Definition
Place designated by law for the confinement of a person arrested for, charged with or convicted of a criminal offense:
municipal, county jail, State jail, Community jail, such as organized by contract with appropriate authority. |
|
|
Term
| Criminal negligence/ Culpable Mental state PC 1.07 (15); PC 6.03 |
|
Definition
Intentionally;
Knowingly;
Recklessly;
Criminal negligence. |
|
|
Term
|
Definition
| A device, or a drug, that is unsafe for self medication and that s ot intended in sch I thru v or penaties grp 1-4 of cap 481 tx controlled substance act |
|
|
Term
|
Definition
A substance other than a device /component/part/accessory of a device:
recognized as drug; intended for use as diagnosis, to affect structure of the body, not food, intended for use as a component of a substance described by par a-c |
|
|
Term
|
Definition
| A firearm; or anything manufactured, adapted, made, designed for use to cause death or serious bodily injury |
|
|
Term
|
Definition
| Consent by a person legally authorized to act forthe owner; not good if forced, threatnd or fraudulently obtained. |
|
|
Term
| Electrical engineering plant |
|
Definition
| facility that generates electric energy for distribution to public |
|
|
Term
|
Definition
| a facility used to switch or change voltage in connection w/the transmission of electric enrgy |
|
|
Term
|
Definition
a) Forbidden conduct
b)Reqd culpability
c)(Reqd result
d0. the negation of any exception to the offense. |
|
|
Term
|
Definition
| Offense so designated by law or punishable by death or confinement in a pen. |
|
|
Term
|
Definition
| Anything reasonably regarded as loss, disadvantage or injury including harm to another person in whose welfare the pp affected is interested. |
|
|
Term
|
Definition
| US & TX constitutions,a written opinion of court record, municipal ord; county order or rule adopted under a statute |
|
|
Term
|
Definition
| Class C/Fine/short jail time |
|
|
Term
|
Definition
|
|
Term
|
Definition
Pp who has title to property, possession, lawful or not or has a grter right to prty/possession;
holder in due course of negotiable instrument; |
|
|
Term
|
Definition
| Pp elected, employed/apptd; under art 2.12 ccp, sect 51.212 educ code or other |
|
|
Term
|
Definition
| a place designated by law for confinement of pp arrested for, charged wth, convicted of an offense |
|
|
Term
|
Definition
| actaul care, custody, control and management |
|
|
Term
|
Definition
| any place to which the public or a substantial grp of the public has access and includes-streets, hwys, schools, hospitals, apts, ofce bldgs, shops, trspt facilities etc |
|
|
Term
|
Definition
PP elected , apptd, selected, employed, other wise designated as
Officer,employee, agent of govt; juror, g/juror, arbitrator, referee, attny when perfroming his duty, candidate nominated for public office. |
|
|
Term
|
Definition
| Belief held by a reasonable or prudent man in the same circumstance as the actor |
|
|
Term
|
Definition
| bodily injury that creates substantial risk of death, or causes death, serious permanent disfigurement, protracted loss/ipairment of the function of any bodily member organ |
|
|
Term
|
Definition
| check, debit card/automated bank draft. |
|
|
Term
|
Definition
| criminal/tortuus /both plus what would be criminal or tortuous but for defense not amounting to justification or privilege. |
|
|
Term
|
Definition
| includes for a fetus, the failure to be born alive. |
|
|
Term
|
Definition
| Defines what our criminal law is |
|
|
Term
Generally to have elements of a crime
you must have |
|
Definition
1. Actus Reus-Physical act
2.Mens Rea-Mental state
3. Attendant circumstance-Other requirements-eg injury to an elderly-circumstance of age;
4. Harm; Resultin harm |
|
|
Term
| Objectives of the criminal code |
|
Definition
1.Punish
2. Deter
3. Rehabilitate
4. per penalties:
1.To warn and inform of consequences of violation.
2.Prescribe appropriate penalties
3. Safeguard conduct that is without guilt
4. to guide and limit the exercise of official discretion.
5. To define the scope of state interest in law enforcement against specific offences
6. to systematize the exercise of sate criminal jurisdiction. |
|
|
Term
|
Definition
| physical pain, illness, any impairment of physical condition.PC 1.07 |
|
|
Term
|
Definition
an act of omission & its accompanying mental state.
Conduct is not an offense except defined by law.PC 1.03 |
|
|
Term
|
Definition
| That is action with a reason-excusable offense Justification for wrong act. |
|
|
Term
|
Definition
| Legal authorization to do what he is doing, doing his job. |
|
|
Term
|
Definition
| consent by a person legally authorized to act for t. PC 1.07 |
|
|
Term
| territorial jurisdiction of the penal code |
|
Definition
| The State of Texas-its lands, waters, underground and space above it. |
|
|
Term
|
Definition
| Day of anniversary of his birthdate.(To know juvenile from adult) |
|
|
Term
|
Definition
| a bodily movemen, whether voluntary or involuntary, includes speech |
|
|
Term
|
Definition
| a person whose criminal responsibility is in issue in a criminal action. |
|
|
Term
|
Definition
| includes authority, board, bureau, commission, committee, council, dept, district, division and office |
|
|
Term
|
Definition
| alcohol or any beverage containing more than 1/2 of 1% of alcohol by vol capable of being used as beverage-whether diluted or not. |
|
|
Term
|
Definition
| a person other than the other |
|
|
Term
|
Definition
| govt or gvt'al subdivision or agency, trust, partnership, or 2 or more persons having a joint or common economic interest |
|
|
Term
|
Definition
| anything reasonably regarded as economic gain/advantage |
|
|
Term
|
Definition
| a threat, however communicated-to commit an offense, inflict bodily injury in the future, to accuse a person of any offense, to expose aperson to hatred, contempt or ridicule, to cause a public servant to withhold action, to harm the credit or business reputation of a person. |
|
|
Term
|
Definition
| assent in fact-express or apparent. |
|
|
Term
|
Definition
| asubstance+ drug, adulterant,dilutant+++ |
|
|
Term
|
Definition
| non profit, professional association, |
|
|
Term
|
Definition
| A place dsignated by law for confinement of a pp arrested for, charged with or convicted of a criminal offense |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Person who has title to property, possession of the property whether lawful or not or a greater right to possession of the property than the actor, b) is aholder in due course of a negotiatiable instrument |
|
|
Term
|
Definition
| A person eleced, employed or appointed as a peace officer (Art 2.12 of the CCP; Sectn 51. 212 or 51.214-educ code |
|
|
Term
|
Definition
| A place designated by law for confinement of persons arrested for, charged with or convicted of an offense. |
|
|
Term
| Criminal negligence as defined in 6. 02 9d. |
|
Definition
Culpable mental states are classified according to relative degrees from highest to lowest:
1. Intentional
2. Knowing
3. Reckless
4. Criminal negligence. |
|
|
Term
|
Definition
| structure or vehicle that is adapted for the overnight accommodation of persons and include-secured or occupied, single or connected, |
|
|
Term
|
Definition
| any structure, enclosure, used or intended for use as habitation, business or otherwise |
|
|
Term
| Exception to the application |
|
Definition
|
|
Term
|
Definition
| Starts a fire by ignition or explosion if it destroys,, hoes, vegetation,??? |
|
|
Term
|
Definition
Intentional or knowingly
dstroys tangible propery
Tampers with property and cause pecuniary loss
makes markings incriptions, slogans, draeings or paintings on the tangible prpty |
|
|
Term
| On Criminal mischief-costing the damage |
|
Definition
class C>$50
Class b-50-500;
Class A: 500-1500
State jail felony
1500-20000
3rd degree- 20000-100,000
2nd-100,000-200,000
1degree 200,000 upwards. |
|
|
Term
| Arson on /churches/community centers |
|
Definition
|
|
Term
| Reckless Damage/destruction |
|
Definition
| recklessly damaging or destroying property of an owner without effective consent of the owner. |
|
|
Term
|
Definition
intentionally or knowingly makes markings, inscriptions, slogans, draings, paintings on a tangible property /o consent of owner with:
paint,
an indelible or engraving device;
an etching or engraving device |
|
|
Term
| Punishmt-for Graffiti-schools/churches/grae yards etc |
|
Definition
No class c
class b misdemeanor if amtis <500:=
Class a misdemeanor if amt is 500-1500
State jail felnoy if 1500-20000
3rd degree felony if 20000-100000
2nd degree: =100,000-200,000
1st degree: >200,000 |
|
|
Term
|
Definition
Intent to obtain or maintain control of another's prperty intentionally/knowingly
causes:
bodily injury
threatens or place some one in imminent fear of bodily injury
The is 2nd degree felony. |
|
|
Term
|
Definition
cause:
serious bodily injury
exhibit a deadly weapon
threat to cause
if person is over 65 years old or disabled.
punishment is first degree felony. |
|
|
Term
|
Definition
1.Forbidden conduct
2.Required culpability
3.Required result
4.Negation of any exception to the offense |
|
|
Term
|
Definition
| criminal or tortuous or both PC 1.07 |
|
|
Term
|
Definition
| anything in the manner of its use is capable of causing serious bodily injury. |
|
|
Term
| proof Beyond reasonable doubt |
|
Definition
| To show above every strand of doubt that a person committed a crime worthy of conviction |
|
|
Term
|
Definition
| commission of two or more offenses, regardless of whether the harm is directed towards more than one person, if (1)part of a common scheme or plan or (2). REPEATED SAME OR SIMILAR OFFENSES. |
|
|
Term
| a pERSON commits an offense only |
|
Definition
| if he voluntarily engages in conduct including an act, omission or possession |
|
|
Term
| Four culpable mental states |
|
Definition
1.Intentionally-conscious objective or desire to engage in the conduct and cause the result.
2.Knowingly-aware that condut is reasonably certain to cause result.
3.Recklessly-aware of but consciously disregard the risks, a standard deviation from the standard care of an ordinay person.
4.Criminal negligence-ought to be aware of substantial and unjustifiablle risks; a gross deviation from stard care of an ordinary person. |
|
|
Term
|
Definition
| A link btw act and harmful result. |
|
|
Term
|
Definition
| It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for the commission of the offense. |
|
|
Term
|
Definition
| It is no defense to prosecution that the actor was ignorant of the provisions of the any law after the law had taken effeect |
|
|
Term
| Mistake of law:affirmative defense |
|
Definition
| A person commits an offense; he believes his conduct did not constitute an ofense; he acted within reasonability of court opinion, a written nterpretation of the law. |
|
|
Term
|
Definition
| Does not constitute a defense in the commission of a crime. |
|
|
Term
|
Definition
| iTS AN AFFIRMATIVE DEFENSE TO PROSECUTION THAT THE ACTOR ENGAGED IN PROSCRIBED CONDUCT B/COS HE WAS COMPELLED TO DO SO BY THREAT OF IMMINENT DEATH OR SERIOUS BODILY INJURY TO HIMSELF OR ANOTHER. |
|
|
Term
|
Definition
| It's a defense to prosecution that the actor engaged in conduct charged b/cos he was induced to do so by a law eforcement agent conduct merely affroding a person an opportunity to commit an offense does not constitute an entrapment. |
|
|
Term
|
Definition
a person may not be prosecuted for or convicted of any offense that the person committed when younger than 15, except perjury, aggravated perjury, transportation code;
class c misdemeanor except PI, capital felony, Aggravated controlled substance felony, 1st degree feolny transferred from family court. |
|
|
Term
|
Definition
Unauthorized departure from custody
b) failure to return to custody faollowing a temp leave for a ltd period |
|
|
Term
|
Definition
| Action is justified if reasonably believed actin is immediately necessary to avaoid imminet harm. |
|
|
Term
|
Definition
Knowingly/intentionally secure theft of service:
hae control of the service
agreed topay copensation. |
|
|
Term
| Theft; if he is been notified to pay by moth, registered mail and he refused to pay an offense has been committed.pc 31.04 |
|
Definition
Class c misdemeanor-less than 20.00
Class b-20-500
Class A-500-1500
State jail felony; 1500-20,000
3degree felony-20,000 to 100,000
2degree felony-100-200,000
1degree->200,000 |
|
|
Term
|
Definition
| post dated check is an affirmative defense. |
|
|
