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TX PENAL CODE - KILGORE 2010 CLASS
TX PENAL CODE
55
Criminal Justice
Undergraduate 1
01/02/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term
ACT
Definition
A BODILY MOVEMENT, WHETHER VOLUNTARY OR INVOLUNTARY, INCLUDING SPEECH
Term
ACTOR/SUSPECT
Definition
A PERSON WHOSE CRIMINAL RESPONSIBILITY IS AN ISSUE IN A CRIMINAL ACTION
Term
ANOTHER
Definition
PERSON OTHER THAN THE ACTOR/SUSPECT
Term
BENEFIT
Definition
ANYTHING REASONABLY REGARDED AS ECONOMIC GAIN OR ADVANTAGE - INCLUDES BENEFIT TO ANY OTHER PERSON WHOSE WELFARE THE BENEFICIARY IS INTERESTED
Term
BODILY INJURY
Definition
PHYSICAL PAIN, ILLNESS, OR ANY IMPAIRMENT OF PHYSICAL CONDITION
Term
COERCION
Definition
A THREAT HOWEVER COMMUNICATED TO:
1. COMMIT AN OFFENSE
2. INFLICT BODILY INJURY LATER
3. ACCUSE A PERSON OF ANY OFFENSE
4. EXPOSE A PERSON TO HATRED, CONTEMPT OR RIDICULE
5. HARM CREDIT OR BUSINESS REPUTE
6. TAKE OR WITHHOLD OR CAUSE SUCH OF A PUBLIC OFFICIAL
Term
CONDUCT
Definition
ACT OR OMISSION AND THE ACCOMPANYING MENTAL STATE
Term
CONSENT
Definition
ASSENT IN FACT, WHETHER EXPRESS OR APPARENT
Term
CORRECTIONAL FACILITY
Definition
A PLACE DESIGNATED BY LAW FOR THE CONFINEMENT OF A PERSON ARRESTED FOR, CHARGED WITH OR CONVICTED OF A CRIMINAL OFFENSE
Term
DEADLY WEAPON
Definition
A FIREARM OR ANYTHING THAT IN THE MANNER OF IT'S USE OR INTENDED USE IS CAPABLE OF CAUSING DEATH OR SERIOUS BODILY INJURY
Term
ELEMENT OF OFFENSE
Definition
1. FORBIDDEN CONDUCT
2. REQUIRED CULPABILITY
3. REQUIRED RESULT
4. NEGATION OF ANY EXCEPTION TO THE OFFENSE
Term
FELONY
Definition
AN OFFENSE SO DESIGNATED BY LAW OR PUNISHABLE BY DEATH OR CONFINEMENT IN A PENITENTIARY
Term
HARM
Definition
ANYTHING REASONABLY REGARDED AS LOSS, DISADVANTAGE, OR INJURY INCLUDING HARM TO ANOTHER PERSON IN WHOSE WELFARE THE PERSON AFFECTED IS INTERESTED
Term
INDIVIDUAL
Definition
A HUMAN BEING WHO IS ALIVE, INCLUDING AN UNBORN CHILD AT EVERY STAGE OF GESTATION FROM FERTILIZATION UNTIL BIRTH
Term
MISDEMEANOR
Definition
AN OFFENSE SO DESIGNATED BY LAW OR PUNISHABLE BY FINE OR CONFINEMENT IN JAIL OR BOTH
Term
OMISSION
Definition
FAILURE TO ACT
Term
POSSESSION
Definition
ACTUAL CARE, CUSTODY, CONTROL, OR MANAGEMENT
Term
PUBLIC PLACE
Definition
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 COMMON AREAS OF SCHOOLS, HOSPITALS, APARTMENT HOUSES, OFFICE BUILDINGS, TRANSPORT FACILITIES AND SHOPS
Term
REASONABLE BELIEF
Definition
BELIEF THAT WOULD BE HELD BY AN ORDINARY AND PRUDENT PERSON IN THE SAME CIRCUMSTANCES AS THE ACTOR
Term
SERIOUS BODILY INJURY
Definition
BODILY INJURY THAT CREATES A SUBSTANTIAL RISK OF DEATH, SERIOUS PERMANENT DISFIGUREMENT OR PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY BODILY MEMBER OR ORGAN
Term
CRIMINAL EPISODE
Definition
COMMISSION OF TWO OR MORE OFFENSES, REGARDLESS OF WHETHER THE HARM IS DIRECTED TOWARD MORE THAN ONE PERSON OR ITEM OF PROPERTY
Term
CRIMINAL EPISODE
CIRCUMSTANCES
Definition
1. THE OFFENSES ARE COMMITTED PURSUANT TO THE SAME TRANSACTION OR PURSUANT TO TWO OR MORE TRANSACTION CONNECTED TO A COMMON SCHEME OR PLAN OR
2. OFFENSES ARE THE REPEATED COMMISSION OF THE SAME OFFENSES
Term
CULPABLE MENTAL STATES
IN ORDER
Definition
1. INTENTIONAL
2. KNOWING
3. RECKLESS
4. CRIMINAL NEGLIGENCE
Term
INTENTIONAL
MENTAL STATE
Definition
A CONSCIOUS OR OBJECTIVE DESIRE TO ENGAGE IN THE CONDUCT OR CAUSE THE RESULT
Term
KNOWING
MENTAL STATE
Definition
PERSON IS AWARE THAT THE CONDUCT IS REASONABLY CERTAIN TO CAUSE THE RESULT
Term
RECKLESS
MENTAL STATE
Definition
PERSON IS AWARE OF BUT CONSCIOUSLY DISREGARDS A SUBSTANTIAL AND UNJUSTIFIABLE RISK THAT THE CIRCUMSTANCES EXIST OR THE RESULT WILL OCCUR
Term
CRIMINAL NEGLIGENCE
MENTAL STATE
Definition
CONDUCT WHERE PERSON OUGHT TO BE AWARE OF A SUBSTANTIAL AND UNJUSTIFIABLE RISK THAT THE CIRCUMSTANCES EXIST OR THE RESULT WILL OCCUR
Term
COMPUTATION OF AGE
Definition
A PERSON REACHES A SPECIFIED AGE ON THE DAY OF THE ANNIVERSARY OF HIS BIRTH DATE (i.e. 12:01 am)
Term
MISDEMEANOR "C"
PUNISHMENT
Definition
FINE: <= $500

INCARCERATION: NONE
Term
MISDEMEANOR "B"
PUNISHMENT
Definition
FINE: <= $2000

INCARCERATION: <= 180 DAYS OR BOTH
Term
MISDEMEANOR "A"
PUNISHMENT
Definition
FINE: <= $4000

INCARCERATION: <= 1 YEAR OR BOTH
Term
STATE JAIL FELONY
PUNISHMENT
Definition
FINE: >= $10,000

INCARCERATION: 180 DAYS - 2 YEARS OR BOTH
Term
FELONY 3
PUNISHMENT
Definition
FINE: >= $10,000

INCARCERATION: 2 YEARS - 10 YEARS OR BOTH
Term
FELONY 2
PUNISHMENT
Definition
FINE: >= $10,000

INCARCERATION: 2 YEARS - 20 YEARS OR BOTH
Term
FELONY 1
PUNISHMENT
Definition
FINE: >= $10,000

INCARCERATION: 5 YEARS - 99 YEARS OR BOTH
Term
CAPITAL FELONY
PUNISHMENT
Definition
FINE: NONE

INCARCERATION: LIFE OR DEATH
Term
UNLAWFUL RESTRAINT
Definition
1. INTENTIONALLY OR KNOWINGLY
2. RESTRAINS ANOTHER
Term
KIDNAPPING
Definition
1. INTENTIONALLY OR KNOWINGLY
2. ABDUCTS (HIDES AWAY) ANOTHER
3. FELONY 3
Term
AGGRAVATED KIDNAPPING
Definition
1. INTENTIONALLY OR KNOWINGLY
2. ABDUCTS (HIDES AWAY) ANOTHER AND:
3. RANSOM/REWARD, SHIELD/HOSTAGE, COMMIT FELONY, BODILY INJURY OR VIOLATE SEXUALLY, TERRORIZE, INTERFERE WITH GOVT, USE EXHIBIT DEADLY WEAPON.
4. FELONY 1
Term
ADEQUATE CAUSE
Definition
CAUSE THAT WOULD PRODUCE A DEGREE OF RAGE, RESENTMENT OR TERROR IN PERSON OF ORDINARY TEMPER TO RENDER MIND INCAPABLE OF COOL REFLECTION
Term
SUDDEN PASSION
Definition
PASSION DIRECTLY CAUSED BY AND ARSING OUT OF PROVOCATION BY THE INDIVIDUAL KILLED OR ANOTHER ACTING WITH THE PERSON KILLED WHICH PASSION ARISES AT THE TIME OF OFFENSE AND NOT SOLELY RESULT OF FORMER PROVOCATION
Term
MURDER
Definition
1. INTENTIONALLY OR KNOWINGLY CAUSES DEATH
2. INTENDS TO CAUSE SERIOUS BODILY INJURY BUT CAUSES DEATH
3. COMMITS/ATTEMPTS A FELONY OTHER THAN MANSLAUGHTER AND CAUSES DEATH
4. FELONY 1
Term
CAPITAL MURDER
Definition
1. KILLS PEACE OFFICER, JUDGE OR OFFICER OF COURT
2. DURING KIDNAP, BURGLARY, ROBBERY, AGGRAVATED SEX ASSAULT, ARSON, OBSTRUCTION OR RETALIATION, TERROR THREAT
3. REMUNERATION OR OFFER OF
4. ESCAPING FROM PENAL INSTITUTION
5. MURDERS MORE THAN ONE PERSON IN SAME ACT
6. MURDERS PERSON UNDER 6 YEARS OF AGE
7. CAPITAL FELONY
Term
MANSLAUGHTER
Definition
1. RECKLESSLY CAUSES THE DEATH OF AN INDIVIDUAL
2. FELONY 2
Term
CRIMINALLY NEGLIGENT HOMICIDE
Definition
1. CAUSES DEATH BY CRIMINAL NEGLIGENCE
2. STATE JAIL FELONY
Term
RESTRAIN
Definition
RESTRICT A PERSONS MOVEMENTS WITHOUT CONSENT SO AS TO INTERFERE SUBSTANTIALLY WITH PERSON'S LIBERTY BY MOVING PERSON FROM ONE PLACE TO ANOTHER OR CONFINEMENT OF INDIVIDUAL
Term
ABDUCT
Definition
RESTRAIN A PERSON WITH INTENT TO PREVENT HIS LIBERATION BY:
1. SECRETING OR HOLDING HIM IN A PLACE NOT LIKELY TO BE FOUND
2. USING OR THREATENING USE OF DEADLY FORCE
Term
RELATIVE
Definition
PARENT OR STEPPARENT, ANCESTOR, SIBLING, RELATIVE THROUGH MARRIAGE OR ADOPTION
Term
DEVIATE SEXUAL INTERCOURSE
Definition
1. ANY CONTACT BETWEEN ANY PART OF THE GENITALS OF ONE PERSON AND THE MOUTH OR ANUS OF ANOTHER PERSON
2. PENETRATION OF GENITALS OR ANUS OF ANOTHER PERSON WITH AN OBJECT
Term
SEXUAL CONTACT
Definition
ANY TOUCHING OF THE ANUS, BREAST OR ANY PART OF THE GENITALS OF ANOTHER PERSON WITH INTENT TO AROUSE SEXUAL DESIRE OF ANY PERSON
Term
SEXUAL CONTACT
Definition
ANY TOUCHING OF THE ANUS, BREAST OR ANY PART OF THE GENITALS OF ANOTHER PERSON WITH INTENT TO AROUSE SEXUAL DESIRE OF ANY PERSON
Term
SEXUAL INTERCOURSE
Definition
ANY PENETRATION OF THE FEMALE SEX ORGAN BY THE MALE SEX ORGAN
Term
PUBLIC LEWDNESS
"IT TAKES TWO"
Definition
KNOWINGLY IN A PUBLIC PLACE OR WHILE ANOTHER IS PRESENT WHO WILL BE OFFENDED:
1. SEXUAL INTERCOURSE
2. DEVIATE SEXUAL INTERCOURSE
3. SEXUAL CONTACT
4. CONTACT OF MOUTH, GENITALS OR ANUS WITH BEAST OR FOWL
CLASS "A" MISDEMEANOR
Term
INDECENT EXPOSURE
"IT TAKES ONE"
Definition
EXPOSURE OF GENITALS OR ANUS WITH INTENT TO AROUSE OR GRATIFY THE SEXUAL DESIRE OF ANY PERSON RECKLESSLY ABOUT WHETHER ANOTHER WILL BE OFFENDED
CLASS "B" MISDEMEANOR
Term
INDECENCY WITH A CHILD
Definition
EXPOSES OR CAUSES CHILD TO EXPOSE ANUS/ GENITALS KNOWING CHILD IS PRESENT WITH INTENT TO GRATIFY SEXUAL DESIRE OF ANY PERSON
INCLUDES TOUCHING THROUGH CLOTHING OF CHILD
FELONY 2 (IF SEXUAL CONTACT) OR FELONY 3(IF WITH INTENT TO GRATIFY OR AROUSE SEXUALLY ANY PERSON)
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