Texas Penal Code

Aggravated Perjury PC 37.03

Makes a false statement made during, or in connection, with an official proceeding and is material, or would have effected the outcome of a proceeding. Punishment: 3rd Degree Felony

Classifications of Charges

Misdemeanors: Class A, Class B, Class C Felonies: Capital Felony, 1st Degree, 2nd Degree, 3rd Degree, State Jail Felony

Stalking PC 42.072

More than one occasion/same scheme & knowingly engages in threatening bodily injury or death or of a household member, against property, fear of bodily injury. Punishment: 3rd Degree Felony

Affirmative Defense PC 2.04

Not required to Negate Has to be evidence to support before jury sees If submitted to jury, defendant must prove Aff. Deff. by preponderance of evidence

Defense PC 2.03

Not required to Negate Has to be evidence to support before jury sees If it exists then reasonable doubt/acquit

Obstruction/Retaliation PC 36.06

Intentionally/knowingly harms, or threatens to harm, another by an unlawful act in retaliation as a Public Servant, Witness, or an Informant. Punishment: 3rd Degree Felony 2nd Degree Felony - harmed/threaten for being a juror

Perjury PC 37.02

Makes a false statement under oath, false un-sworn declaration. Punishment: Class A Misdemeanor

Homosexual Conduct PC 21.06

Repealed (Declared Unconstitutional)

Objective of Code PC1.02

1. Insure Public Safety by: Penalties, rehabilitation, punishment to prevent re-occurrence. 2. Give warning what is prohibited & consequences 3. Prescribe penalties to the seriousness of offenses & recognition of difference in rehabilitation among offenders 4. Safeguard conduct without guilt as criminal 5. Guide & limit law enforcement 6. Define the scope of law enforcement against specific offenses

Culpable Mental States PC 6.02

1. Intentional- Conduct that's desired to engage & cause the result 2. Knowing - Aware of conduct, or the circumstances exist & that it will cause the result 3. Reckless - Aware of conduct, but disregard the substantial or unjustifiable risk that circumstances exist or result will occur. 4. Criminal Negligence - Conduct where you should be aware of substantial, or unjust risk, that will cause a result but fails to perceive it.

Unlawful Restraint PC 20.02

1. Intentionally & Knowingly restrains another person. 2. No count if person is a relative & child is 14 yrs of age Punishment: Class A Misdemeanor State Jail Felony - Child younger than 17 3rd Degree Felony - Recklessly exposed to Serious Bodily Injury

Aggravated Kidnapping PC 20.04

1. Intentionally or knowingly abducts another person with intent to: 1. Hold for Ransom or Reward 2. Uses as a shield or hostage 3. To commit a felony or further it by flight 4. Inflict bodily harm or abuse sexually 5. Terrorize them or third person 6. Interfere with Gov. Proceeding 2. Uses or Exhibits a Deadly Weapon Punishment: 1st Degree Felony 2nd Degree Felony - Voluntary release in a safe place

Murder PC 19.02

1. Intentionally or knowingly causes the death of an individual. 2. Intends to cause serious bodily injury, commits an act, which causes death. 3. Commits/Attempts a felony, other than manslaughter, during the commission of a crime, or flight from a crime, that causes the death of an individual. Punishment: 1st Degree Felony 2nd Degree Felony: Sudden Passion, Rage

Smuggling of Persons PC 20.05

1. Intentionally uses a motor vehicle, aircraft, or watercraft, to transport an individual with intent to: A. Conceal from a Peace Officer/Special Invest. B. Flee from a Peace Officer/Special Invest. Punishment: State Jail Felony 3rd Degree Felony - Pecuniary Benefit Person suffers Serious BI

Injury to a Child/Elderly/Disabled PC 22.04

1. Intentionally, knowingly, recklessly, criminal negligence A. Causes serious bodily injury B. Mental deficiency, impairment, or injury C. Bodily injury Child is 14 yrs of younger Elderly is 65 yrs or older Disabled 14 yrs or older Punishment: 1st Degree -> Intentionally or knowingly 2nd Degree -> Recklessly 3rd Degree -> Bodily Injury

Aggravated Sexual Assault PC 22.021

1. Intentionally/Knowingly causes serious bodily harm during commission. 2. Administers Drugs 3. Victim is younger than 14 yrs of Elderly Punishment: 1st Degree Felony

Leaving a Child in a Vehicle PC 22.10

1. Intentionally/knowingly leaves a child in a vehicle longer than 5 minutes: A. Child is younger than 7 yrs B. Not attended by 14 yrs + child Punishment: Class C Misdemeanor

Sexual Assault PC 22.011

1. Intentionally/knowingly penetrates anus or sexual organ by any means without the person's consent. 2. Penetrates mouth with sex organ without person's consent. 3. Causes sex organ of person to penetrate mouth, anus, or sexual organ of another including the actor. Child: 16 yrs or younger same violation as #3 Punishment: 2nd Degree Felony 1st Degree Felony if illegal to have married

Interference with Child Custody PC 25.03

1. Keeping a child younger than 18 2. Violates a court order 3. Not awarded custody & leaves the area 4. Noncustodial parent with intent to interfere DEFF - Bring back child to county within 3 days Punishment - State Jail Felony

Trafficking of Persons PC 20A.02

1. Knowingly traffics another person with intent that the person engage in forced labor or services. 2. Receives remuneration, or some benefit, from participation in #1. 3. Traffics through force, fraud, or coercion & causes person to engage in Prostitution, Promotion of Prostitution, Agg. Prostitution, & Compelling Prostitution. 4. Receives a benefit from participating in #3 5. Traffics a child for forced labor 6. Receives a benefit for #5 7. Traffics a child for sexual abuse, indecency with a child, assault, agg. assault of a child, or prostitution of a child, sexual performance of a child, child pornography, or employment that is harmful to a child. Punishment: 2nd Degree Felony 1st Degree Felony for child offenses

Capital Murder PC 19.03

1. Murders a Peace Officer/Fireman during discourse of official duty & the person knows who they are. 2. Intentionally murders during Kidnapping, Burglary, Robbery, Agg. Sex Assault, Arson, Obstruction or Retaliation, or Terroristic Threat. 3. Murder for Hire (Remuneration) 4. Trying to escape from Penal Institution (kills Deten Ofc) 5. Murder a Judge/Justice 6. Murders another in jail while being held for murder 7. Murders more than one person during same scheme or criminal transaction 8. Murders a child younger than 10 yrs old 9. Murders in jail for the benefit or furtherance of a gang Punishment: Capital Felony

Consent as a Defense to Assaultive Conduct PC 22.06

1. Not threaten or cause serious bodily injury. 2. Victim knew the risk of consenting with the possibility of needing medical treatment.

Prostitution PC 43.02

1. Person knowingly engages, agrees to engage in sexual conduct for money. 2. Solicits another for sexual conduct for hire. Punishment: Class B Misdemeanor Class A Misdemeanor - Prev. Convicted State Jail Felony - Prev. Convicted 3 or more 2nd Degree Felony - Younger than 18 yrs

Improper Photography or Visual Recording PC 21.15

1. Photographs/videotapes by electronic means, broadcasts, transmits visual image of another without the other person's consent with intent to arouse/gratify sexual desire. (Exmp: Up-skirt videos) 2. Photographs/videotapes by electronic means, broadcasts, transmits visual image of another without the other person's consent with intent to arouse/gratify sexual desire from a bathroom/dressing room. Punishment: State Jail Felony

Manslaughter PC 19.04

1. Recklessly causes the death of an individual Punishment: 2nd Degree Felony Example: Running a red light and causes death from an accident.

Deadly Conduct PC 22.05

1. Recklessly engages in conduct putting another in imminent danger of serious bodily injury. 2. Discharges a firearm at 1 or more individuals, habitation, building, or vehicle & is reckless to whether occupied. Punishment: #1 is a Class A Misdemeanor #2 is a 3rd Degree Felony

Prohibited Sexual Conduct PC 25.02

1. Sexual or Deviant Sexual Intercourse with: A. Relative by blood or adoption B. Current, or former, stepchild, or step parent C. See Code for further relative restrictions Punishment: 3rd Degree Felony 2nd Degree Felony - son or daughter of actor's aunt/uncle of whole or 1/2 blood or adoption.

Territorial Jurisdiction PC 1.04

1. Texas claims jurisdiction if crime happens in this state. 2. Conduct made to commit an offense in the state. 3. Conspiracy to commit an offense in this state. 4. Any "body" found in this state is presumed to have happened in this state.

Indecency with a Child PC 21.11

1. Younger than 17 yrs no matter the gender of the child. A. Sexual contact or causes child to commit contact B. Intent to arouse/gratify sexual desire of anyone C. Expose anus/genitals knowing child is present D. Causes child to expose anus/genitals Punishment: 2nd Degree Felony (Contact with a child) 3rd Degree Felony (Exposure)

Tampering with a Consumer Product PC 22.09

2nd Degree Felony -> Tampered with products for sale 1st Degree Felony -> Suffers serious bodily injury 3rd Degree Felony -> Cause fear to affect the sales or causes bodily injury.

Deadly Weapon PC 1.07 Definition

A firearm, or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury. Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Advertising for Placement of a Child PC 25. 09

Advertises through media for the sale/adoption of a child. Punishment: Class A Misdemeanor 3rd Degree Felony - previously convicted

Agreement to Abduct from Custody PC 25.031

Agree to abduct a child younger than 18 for money Punishment: State Jail Felony

Aiding Suicide PC 22.08

Aids or Attempts to Aid Punishment: Class C Misdemeanor

Conduct PC 1.07 Definition

An act or omission and its accompanying state.

Coercion of a Public Servant or Voter PC 36.03

Any person who attempts to influence a public servant or voter. Punishment: Class A Misdemeanor 3rd Degree Felony - Coercion by threat to commit a felony

Consent PC 1.07 Definition

Assent in fact, whether express or appartent

Harassment of a Detention Officer PC 22.11

Blood, Seminal Fluid, Vaginal Fluid, Saliva, Urine, Feces, used to contact a Detention Officer. Punishment: 3rd Degree Felony

Serious Bodily Injury PC 1.07 Definition

Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.

Misdemeanor Punishments

Class A: $4,000 fine Up to 1 year Jail Class B: $2,000 fine Up to 180 days Jail Class C: $500 fine No Jail

Terroristic Threat PC 22.07

Class B Misdemeanor: 1. Reaction to any type to a threat by agency official/volunteer. 2. Places person in fear of imminent serious bodily injury. Class A Misdemeanor: 1. Family violence where person is in fear of imminent serious bodily injury. 2. Public Servant put in fear of imminent serious bodily injury. 3rd Degree Felony: 1. Interruption of public communications, transportation, water, gas, or power. 2. A substantial group of people fear serious bodily injury. 3. Influence conduct of the Gov.

Illumination of a Aircraft by Intense Light PC 42.14

Class C Misdemeanor to point at a plane. Class A Misdemeanor if it interferes with operator

Effect of Code PC 1.03

Conduct is not against the law unless there is a law, ordinance, order of the court, or rule that states otherwise.

Criminal Attempt PC 15.01

Does an act more than mere preparation but fails to effect the commission of the offense. Punishment: One category lower than offense attempted.

Public Lewdness PC 21.07

Engages in any acts in a public place, if not in public, he is reckless whether another is present who is offended or alarmed: 1. Sexual Intercourse 2. Deviate Sexual Intercourse 3. Sexual Contact 4. Mouth to Genitals or Genital to Anus of Animal Punishment: Class A Misdemeanor

Escape PC 38.06

Escape from custody while under lawful arrest, lawfully detained, or in custody. Punishment: Class A Misdemeanor 3rd Degree Felony - Under arrest, charged, or convicted felony, escape from jail. 2nd Degree Felony - Escape causes bodily Injury. 1st Degree Felony - cause serious bodily injury, uses or threatens to use deadly weapon.

Criminal Nonsupport PC 25.05

Failure to provide child support for child under 18 yrs Punishment: State Jail Felony

Compelling Prostitution PC 43.05

Forces another by threat or fraud to commit prostitution. Punishment: 2nd Degree Felony 1st Degree Felony - Younger than 18 yrs

Disrupt Meeting Procession & Funeral Services Disruption PC 42.05 & PC 42.055

Intent to prevent or disrupt procession Funeral: 3 hrs before/after & within 1000 feet Punishment: Class B Misdemeanor

Bribery PC 36. 02

Intentionally & Knowingly offers, confers, agrees, solicits, accepts, any benefit as consideration. Punishment: 2nd Degree Felony

Evading Arrest or Detention PC 38.04

Intentionally flees from a Peace Officer Punishment: Class A Misdemeanor State Jail Felony - Previously convicted 3rd Degree Felony - uses a vehicle, another suffers serious bodily injury, uses a tire deflation device. 2nd Degree Felony - Causes death or serious bodily injury due to use of tire deflation device

Failure to Identify PC 38.02

Intentionally refuses to give name, address, & date of birth to a Peace Officer: 1. Who has been lawfully arrested 2. Who has been lawfully detained 3. From a person the P.O. has good cause to believe is a witness to a a criminal offense. Punishment: Class B Misdemeanor

Resisting Arrest, Search, or Transportation PC 38.03

Intentionally/knowingly prevents, or obstructs, whom he knows to be a Peace Officer. Using force against a Peace Officer. Punishment: Class A Misdemeanor 3rd Degree Felony - Uses a deadly weapon

Disorderly Conduct PC 42.01

Intentionally/knowingly uses abusive, indecent, profane language in public. Offensive gesture which is an immediate breach of the peace. Fights with another in a public place. Discharge a firearm. Displays a firearm in a public place. Shoots across the roadway. Exposure of anus/genitals and is reckless to who might see it. Punishment: Refer to Code Book for Various Levels

Obstructing a Highway/Passage Way PC 42.03

Intentionally/knowingly/recklessly, obstructs a highway, street, sidewalk, elevator, isle, hallway, entrance, or exit. Punishment: Class B Misdemeanor

Intoxication Assault PC 49.07

Intoxicated while operation an aircraft, watercraft, amusement ride and causes serious bodily injury. Punishment: 3rd Degree Felony

Violation of a Court Order PC 25.07

Knowingly or Intentionally violates order A. Possess a firearm B. Communicates threats C. Furthers Family Violence D. Goes to places forbidden on the order Punishment: Class A Misdemeanor

Agg. Promotion of Prostitution PC 43.04

Knowingly owns, invests, finances, controls,or supervises prostitution enterprise. Punishment: 3rd Degree Felony 1st Degree Felony - Younger than 18 yrs

Interference with an Emergency Request PC 42.062

Knowingly prevent request Punishment: Class A Misdemeanor State Jail Felony - previously convicted

Possession/Promotion of Child Pornography PC 43.26

Knowingly/intentionally access with intent to view child younger than 18 yrs. Punishment: 3rd Degree Felony 2nd Degree Felony - Promote & Possess with intent to promote

DWI with Child Passenger PC 49.045

Operating a Motor Vehicle in a public place while intoxicated with a child younger than 15 yrs. Punishment: State Jail Felony

Driving While Intoxicated PC 49.04

Operating a Motor Vehicle in a public place while intoxicated. Punishment: Class B Misdemeanor Class A Misdemeanor - BrAC is .015 or more

Promotion of Prostitution PC 43.03

Receiving money for rendering services. Solicits 1 or more to engage in prostitution with another (Pimping). Punishment: Class A Misdemeanor State Jail Felony - Prev. Convicted 2nd Degree Felony - Younger than 18 yrs

Bigamy PC 25.01

When you're legally married and you marry another. Punishment: 3rd Degree Felony 2nd Degree Felony - 17 yrs of age 1st Degree Felony - 16 yrs or younger

Computation of Age PC 1.06

You gain age on the anniversary of your birthday.

Sexual Performance by a Child PC 43.25

Younger than 18 yrs Punishment: 2nd Degree Felony 1st Degree Felony - Younger than 14 yrs

Enticing a Child PC 25.04

1. Entices/Persuades child under 18 yrs and takes child Punishment: Class B Misdemeanor 3rd Degree Felony - Took child to commit a Felony.

Elements of Offense

1. Forbidden Conduct 2. Required Culpability 3. Required Result 4. The negation of any exception to the offense

Harboring a Runaway PC 25.06

1. Harbor a child younger than 18 2. Harbors a child who is an escapee DEFF - Returned child when they found out Punishment: Class A Misdemeanor

Harassment PC 42.07

Intent to harass, annoy, alarm, abuse, torment, embarrass another. Punishment: Class B Misdemeanor Class A Misdemeanor - prev. convicted

Kidnapping PC 20.03

1. Intentionally or knowingly abducts another person. Punishment: 3rd Degree Felony

Criminal Solicitation of a Minor PC 15.031

*Minor younger than 17 yrs The person(s) requests, commands, or attempts to induce a minor to engage in a specific conduct that would constitute an offense or make a minor a party to the commission of an offense. Punishment: One category lower than solicited offense Same category if gang related

Criminal Solicitation PC 15.03

*Must be a Capital Felony Requests, or commands, or attempts to induce another to engage in specific conduct that would constitute a felony or make the other a party to its commission. Punishment: Capital Offense - 1st Degree Felony 1st Degree Felony - 2nd Degree Felony

Criminal Conspiracy PC 15.02

*Must be a Felony Agrees with 1 or more persons to engage in conduct that would constitute the offense. 1 or more person performs an overt act in the agreement. Punishment: 1 category lower that most serious felony.

Improper Relationship between Student/Educator PC 21.12

*Public/Private Primary or Secondary School 1. Employee engages in sexual contact, sexual intercourse, deviate sexual intercourse where employee works. AFF DEFF: Relationship was before an employee & no more than 3 yrs apart in age. Punishment: 2nd Degree Felony

Aggravated Assault PC 22.02

1. Causes Serious Bodily Injury 2. Exhibits a Deadly Weapon during Assault Punishment: 2nd Degree Felony 1st Degree Felony - Drive By Family Violence Retaliation to a Witness Security Officer Uses Deadly Weapon Causes Serious B.Injury Public Servant

Continuous Trafficking of Persons PC 20A.03

1. 30 or more days in duration with 2 or more times in conduct offense Trafficking of Persons 2. Jury does not have to agree unanimously on conduct, but does on 30 plus days duration Punishment: 1st Degree Felony

Abandoning/Endangering a Child PC 22.041

1. Abandon a child (14 yrs or younger) where child is exposed to unreasonable risk or harm. 2. Abandon a child to imminent danger of death, bodily harm, physical/mental impairment. 3. Expose a child to Methamphetamine Punishment: State Jail Felony - Intended to return/Meth 3rd Degree - No intent to return 2nd Degree - Imminent Danger/Bodily Injur

Sexual Offenses Definitions: 1. Deviate Sexual Intercourse 2. Sexual Contact 3. Sexual Intercourse PC 21.01

1. Any contact between any part of the genital of one person and the mouth or anus or another person. 2. Any touching of the anus, breast, or parts of the genitals of another person with the intent to arouse or gratify the desire of another. 3. Any penetration of the female sex organ by the male sex organ.

Assault PC 22.01

1. Assault with Bodily Injury -> Class A Misdemeanor 2. Assault by Threat -> Class C Misdemeanor 3. Assault by Contact -> Class C Misdemeanor 4. Assault on Peace Officer -> 3rd Degree Felony with Bodily Injury

Criminally Negligent Homicide PC 19.05

1. Causes the death of an individual by criminal negligence Punishment: State Jail Felony Example: Left gate open to swimming pool and child falls in.

Possession PC 1.07 Definition

A substance, including a drug, an adulterant, and a dilutant, listed in Schedules 1-5 or Penalty Groups 1, 1-A, or 2-4. Includes aggregate weight of any mixture, solution, or other substance containing a controlled substance.

Felony Punishments

Capital Felony: Death or Life Without Parole 1st Degree: $10,000 fine Up to 5-99 years Jail 2nd Degree: $10,000 fine Up to 2-20 years Jail 3rd Degree: $10,000 fine Up to 2-10 years Jail State Jail Felony: $10,000 Up to 180 days - 2 years Jail

Intoxication Manslaughter PC 49.08

Causes death while operation a vehicle while intoxicated. Punishment: 2nd Degree Felony

Dog Fighting PC 42.10

Causes one dog to fight another Punishment: Class A Misdemeanor - Possess/Train Dog State Jail Felony - Anything else

False ID as a Peace Officer PC 37.12

Having a fake Badge or ID Punishment: Class B Misdemeanor

Public Intoxication PC 49.02

In a public place while intoxicated and is a danger to himself or another. Punishment: Class C Misdemeanor

Corporation PC 1.07 Definition

Includes nonprofit corporations, professional associations created pursuant to statute & joint stock companies.

Impersonation a Public Servant PC 37.11

Induce another to his pretended authority Punishment: 3rd Degree Felony

Tampering with a Witness PC 36,05

Influence a Witness: Testify Falsely Withhold testimony Elude a Legal Process Delay Prosecution Punishment: 3rd Degree Felony

Hindering Apprehension or Prosecution PC 38.05

Intend to hinder arrest, harbor or conceal, provides aid to avoid arrest, warns another of discovery. Punishment: Class A Misdemeanor 3rd Degree Felony - If the charge was felony Convicted Felon

Continuous Sexual Abuse of a Young Child or Children PC 21.02

Period that is 30 or more days in duration a person commits 2 or more acts of sexual abuse. Actor is 17 yrs or older and child is 13 yrs or younger. No matter on whether 1 or more victims. Punishment: 1st Degree Felony Life/Not more than 99 yrs/Not less 25 yrs

Interference with Public Duties PC 38.15

Person acts with criminal negligence, interrupts, disrupts, impedes, interferes with a Peace Officer who is performing a duty to his office of authority. Punishment: Class B Misdemeanor

Electronic Transmission of Certain Visual Material Depicting a Minor PC 43.261

Person is younger than 18 yrs. Intentionally/knowingly makes a pic, possess a pic, gives a pic to another. Pic is engaging in sexual conduct. Punishment: Class C Misdemeanor Class B Misdemeanor - uses to harass, annoy alarm, abuse, torment, or embarrass another. Class A Misdemeanor - Prev. Convicted 1 or 2 more times.

Bodily Injury PC 1.07 Definition

Physical pain, illness, or any impairment of physical condition.

Use of a Laser Pointer PC 42.13

Points at a Peace Officer, Security Officer, Fire Fighter, Medical, or Federal Officer. Punishment: Class C Misdemeanor

Sale/Purchase a Child PC 25.08

Possess a child younger than 18 yrs by accepting money, or paying another for child. Punishment: 3rd Degree Felony 2nd Degree Felony - Sexual Performance of a child.

Improper Influence PC 36.04

Privately and with intent influence the outcome of a proceeding. Punishment: Class A Misdemeanor

Acceptance of an Honorarium PC 36.07

Public Servant solicits, accepts, agrees to accept honorarium for his services. Punishment: Class A Misdemeanor

Interference with Rights of a Guardian of a Person PC 25.10

Takes, retains, or conceals a child from those with possessors rights. Punishment: State Jail Felony