PENAL CODE MODULE 8
State Jail Punishment
Not to Exceed $10,000 Fine Not more than two years or less than 180 days.
49.09 Enhanced Offenses and Penalties
Class A Misdemeanor with a minimum term of 30 confinement days has been previously convicted. 3rd degree felony has been previously convicted of Intoxicated manslaughter or convicted by another state or more than twice. 2nd degree felony if causes serious bodily injury if EMS/Firefighter on official duty 1st degree felony if peace officer or judge if causes serious bodily injury 1st degree felony if any law enforcement personnel is killed.
38.16 Preventing Execution of Civil Process.
"If he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause." Class C misdemeanor
31.04 Theft of Service
"If, with intent to avoid payment for service that the actor knows is provided only for compensation, the actor intentionally or knowingly secures performance of the service by deception, threat, or false token." Penalties vary by value. Class C Less than $20 Class B $20 but < $500 Class A $500 but less than $1,500
Class A Misdemeanor
(1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement.
Deviate Sexual Intercourse
(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object.
20A.02 Trafficking of Persons
2nd Degree Felony But a 1st Degree Felony if child under 18 yoa subject to prostitution or sexual performance of a child, or the person being trafficked dies.
28.02 Arson
2nd Degree Felony if with Intent to Destroy or Damage, but if recklessly caused by manufacturing a controlled substance state jail felony, unless SBI or Death and then 1st Degree Felony. Except for the controlled substance all other recklessly started fires are State jail felony (Know Code)
21.11 Indecency with a Child
3rd Degree Felony if Exposes with intent to Gratify any person. 2nd Degree if Sexual Contact. Younger than 17 yoa. (Know Code)
Class B Misdemeanor
A fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement.
Intentional
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Knowing
A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist.
49.065 Assembling or Operating An Amusement Ride While Intoxicated.
A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. Class B Misdemeanor If it is shown on the trial of an offense under this section that at the time of the offense the person operating the amusement ride or assembling the mobile amusement ride had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor with a minimum term of confinement of six days.
Criminal Attempt
Act or omission constituting a substantial step in a course of conduct planned to culminate in the commission of a crime.
Mistake of Fact Defense
An affirmative defense claiming that a mistake made by the defendant vitiates criminal intent
Duress Defense
An affirmative defense claiming that the defendant was forced to commit the wrongful act by threat of immediate bodily harm or loss of life
Criminal Negligence
Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences.
20.02 Unlawful Restraint
Class A, unless restraining a person under 17 yoa, then a state jail felony, unless recklessly exposes the victim to substantial risk of serious bodily injury , or restrains a public servant while discharging duties, or the actor, while in custody restrains anyone, and then it is a 3rd degree felony. (Know Code)
42.02 Riot
Class B Misdemeanor Intentionally or Knowingly 7 or more people Create an immediate danger to property or injury to persons, substantially obstruct law enforcement or other governmental functions or services; by force, threat of force, or physical action disturbs any person of legal right.
42.01 Disorderly Conduct
Class C Misdemeanor Intentionally or Knowingly In a public place use abusive, indecent, profane, or vulgar language, which, by its very utterance tends to incite an immediate breach of the peace. Or abuses or threatens a person in a public place in an obviously offensive manner. Or fights with another in a public place. Class B Misdemeanor if discharges a firearm on or across a public road or displaying a firearm/deadly weapon in a public place to alarm.
49.02 Public Intoxication
Class C, but 17-20 yoa and 2 previous convictions $250 to $2000 fine and up to 180 days in jail.
Intoxication Defense
Defense by which a defendant may claim diminished responsibility on the basis of substance intoxication
Insanity Defense
Defense raised by a criminal defendant stating that because of mental disease or defect, the defendant should not be held responsible for the crime committed
Class C Misdemeanor
Fine not to exceed $500
20.04 Aggravated Kidnapping
First Degree Felony Intentionally or Knowingly Restrains another person with intent to prevent liberation by secreting or holding victim in a place not likely to be found or using or threatening deadly force. Intent for ransom, hostage, in commission of a felony, bodily injury, or terrorize him or a 3rd person. Or exhibit a deadly weapon.
Mistake of Law Defense
Generally, mistake of law is not a defense, except where a specific intent crime requires awareness of some legal proposition or where the defendant has relied on an official statement or interpretation of law.
28.03 Criminal Mischief
Intentionally or Knowingly Damages or destroys tangible property without the effective consent of the owner. Class C - Under 100$ Class B - 100-750$ Class A - 750-2500$ SJF - 2,500-30,000$ F3 - 30,000-150,000$ F2 - 150,000-300,000$ F1 - 300k+
31.03 Theft
Intentionally or Knowingly With intent to deprive the owner of property, appropriates property by acquiring or otherwise exercising control of said property. Penalties scale the same as criminal mischief. State Jail Felony if firearm, stolen off a person, or stolen off of a corpse or grave.
20.03 Kidnapping
Intentionally or knowingly abducting another person. Felony of the third degree.
46.05 Prohibited Weapons
Knuckles, switchblade knife (Class A misdemeanor) Machine Gun, Zip Gun, Short Barrel firearm, firearm silencer, armor piercing ammunition, explosive weapon, chemical dispensing device. (3rd degree felony.)
Entrapment Defense
Law enforcement persuading the defendant to commit a crime that he or she would not otherwise have committed.
49.08 Intoxication Manslaughter
Second Degree Felony While intoxicated operates a vehicle in a public place and causes the death of another by accident or mistake.
22.011 Sexual Assault
Second Degree Felony Intentionally or Knowingly By any means penetration of mouth, anus, or female sexual organ without consent. Compels with use of physical force or violence Or victim under 17.
22.02 Aggravated Assault
Second Degree Felony Intentionally, Knowingly, or Recklessly. Causes SBI or uses or exhibits a deadly weapon. First Degree Felony if against a public servant discharging duties and use of a deadly weapon.
25.02 Prohibited Sexual Conduct
Sexual Intercourse or Deviant Sexual Intercourse. 3rd Degree Felony, unless the actors descendant or ancestor and then 2nd Degree Felony. (Know Code)
sexual contact
any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
21.02 Continuous Sexual Abuse of Young Child or Children.
at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense. 1st Degree Felony Life or for any term of not more than 99 years or less than 25 years.
30.04 Burglary of Vehicles
breaks or enter a vehicle or any part of a vehicle with intent to commit any felony or theft. Class A misdemeanor State Jail Felony if previously convicted (Know Code)
29.03 Aggravated Robbery
causes serious bodily injury to another, uses or exhibits a deadly weapon, or causes bodily injury and threatens fear or even death. 1st degree felony (Know Code)
25.11 Continuous Violence Against the Family
commits during a period that is 12 months or less in duration, 2 or more times engages in conduct that constitutes an offense against a family member or household. 3rd Degree Felony
Capital Felonies
crimes subject either to the death penalty or to life in prison in states that do not have the death penalty
30.02 Burglary
enters a habitat or building with the intent to commit a felony theft or assault. State Jail Felony 2nd degree if in an habitation
30.05 Criminal Trespass
enters or remains on a property of another, including residential without consent and notice the entry is forbidden. Class C misdemeanor Class A misdemeanor if committed on habitation with deadly weapon. (Know Code)
21.08 Indecent Exposure
exposing the anus or any part of genitals with intent to arouse or gratify the sexual desire of any person and is reckless about whether another person who will be offended or alarmed by his act. Class B Misdemeanor
29.02 Robbery
in the course of committing theft with intent to obtain or maintain control of the property recklessly causes bodily injury or threatens or places another in fear of imminent bodily injury or death. 2nd Degree Felony.
38.05 Hindering Apprehension or Prosecution
intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense. Class A Misdemeanor Unless a felon then 3rd Degree Felony.
42.05 Disrupting Meeting or Procession
intent to prevent or disrupt a lawful meeting , procession, or gathering. Class B Misdemeanor
Culpable Mental States in Texas
intentional, knowing, reckless, or criminal negligence.
sexual intercourse
means any penetration of the female sex organ by the male sex organ.
43.03 Promotion of Prostitution
person if acting other than as a prostitute receiving compensation for personally rendered prostitution service, he or she knowingly: receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or solicits another to engage in sexual conduct with another person for compensation Class A Misdemeanor
43.02 Prostitution
person knowingly offers to engage, agrees to engage or engages in sexual conduct for a fee; or solicits another in a public place to engage with him in sexual conduct for hire Class B Misdemeanor Unless 2 prior convictions then Class A. 3 prior convictions SJF. person paying penalty: Class A Misdemeanor state jail felony if prior convictions. 2nd degree felony if under 18
43.04 Aggravated Promotion of Prostitution
person knowingly owns, invest in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes. 1st Degree Felony.
22.07 Terroristic Threat
threatening to commit an offense involving violence to any person or property with the intent to: cause a reaction place public in fear of bodily injury Class B misdemeanor Class A misdemeanor if family violence State Jail Felony if public servant (Know Code)
32.31 Credit Card abuse
with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or the card has expired or has been revoked or cancelled; State Jail Felony or 3rd degree felony if offense was committed against an elderly individual
Reckless
without responsibility; careless
36.06 Obstruction or Retaliation
Third Degree Felony Intentionally or Knowingly Harms or threatens to harm another by an unlawful act: in retaliation or account of service or status as a public servant, witness, informant, or person who has or intends to report a crime Or prevent or delay the service of a public servant, witness, informant, or person who has or intends to report a crime.
Criminal Conspiracy
a crime in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime
22.05 Deadly Conduct
Class A Misdemeanor Recklessly Placing another in imminent danger or cause SBI Third Degree Felony Knowingly Discharges a firearm in the direction of 1+ individuals, habitation, building, or vehicle.
39.03 Official Oppression
a public servant that intentionally subject another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he know is unlawful. Class A Misdemeanor
What is the minimum age a person can be convicted for an offense?
(a) A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except: (1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath; 18 years old
71.02 Engaging in Organized Criminal Activity
-If, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person commits or conspires to commit one or more of the following: (1) murder, capital murder, arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, continuous sexual abuse of young child or children, solicitation of a minor, forgery, deadly conduct, assault punishable as a Class A misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor vehicle; (2) any gambling offense punishable as a Class A misdemeanor; 3 or more people
2nd Degree Felony
-$10,000 Fine - 2-20 years
1st Degree Felony
-$10,000 Fine - 5-99 years
3rd Degree Felony
-$10,000 Fine - 2-10 years
19.02 Murder
-- causes death of individual -- intends serious bodily injury , but causes death -- attempts or commits Felony (not manslaughter) and during or in flight from offense - causes death Intentionally or knowingly Punishment - 1st Felony; Except: -- sudden passion - 2nd Felony (Know Code)
22.04 Injury to a Child, Elderly, or Disabled Individual
A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (1) serious bodily injury; (2) serious mental deficiency, impairment, or injury; or (3) bodily injury. 1st Degree felony when the conduct is committed intentionally or knowingly. 2nd Degree felony when the conduct is engaged in recklessly.
38.14 Taking or Attempting To Take Weapon From Peace Officer.
A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer's, investigator's, employee's, or official's firearm, nightstick, stun gun, or personal protection chemical dispensing device. 3rd degree if weapon was taken. State Jail Felony if attempted.
49.04 Driving While Intoxicated
A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Class B for first offense, second offense Class A, 3rd offense 3rd Degree Felony. with a child < 15 yoa SJF. (Know Code)
42.03 Obstructing Highway or Other Passageway.
A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly: obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others Class B Misdemeanor
Can a person be criminally responsible for the actions of another?
A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both. Each party to an offense may be charged with commission of the offense.
19.03 Capital Murder.
Capital Felony Intentionally or Knowingly Causes the death of an individual Intentionally someone under 10 YOA Remuneration Police officer or fireman in discharge of duty Incarcerated In commission of another felony offense More than one person in a transaction or scheme
49.07 Intoxication Assault
Causes SBI while operating motor vehicle. 3rd Degree Felony.
46.02 Unlawful Carrying of Weapons
Class A Misdemeanor Intentionally, Knowingly, or Recklessly Carries on their person a handgun, illegal knife, or club. If engaged in criminal activity other than a class C misdemeanor. Third Degree Felony if on premises of a location issued a permit or license for sale or service of alcoholic beverages.
22.01 Assault
Class A Misdemeanor Intentionally, Knowingly, or Recklessly Cause bodily injury to another including the actors spouse. 3rd degree felony if committed against a public servant who is lawfully discharging duty, previous conviction of family violence, or impeding breathing. (Know Code)
Defenses Available to the Defendant
Insanity Mistake of Fact Mistake of Law Intoxication Duress Entrapment
Criminal Solicitation
The encouraging, requesting, or commanding of another person to commit a crime.
38.02 Failure to Identify
intentionally refuses to give his name, residence address or date of birth to a peace officer who has lawfully arrested the person and requested the information. Class C Misdemeanor
