Penal Code BPOC

Sec. 28.02. Arson. (STJ felony) (3rd degree if Matt gets injured)

Mark is cooking up some meth, not for himself, but still. Matt is helping him out, cause he's a nice guy. They mix...whatever is used to cook meth...wrong and cause an explosion causing the warehouse they are renting to burn down. What degree offense has been committed?

Sec. 6.02. Intentional

conscious objective or desire to engage in conduct or cause result

Sec. 12.23 Class C Misd

fine not to exceed $500

Sec. 15.01. Criminal Attempt

person commits offense if with specific intent to commit attempt, he does an act amounting to more than mere preparation that tends but fails to effect commission of the offense offense is one lower than offense attempted

Sec. 6.01. Requirement of voluntary act or omission

person commits offense only if he voluntarily engages in conduct, including an act, omission, possession possession is voluntary if possessor knowingly obtains or receives thing possessed or is aware of control of the thing for sufficient time to permit him to terminate control

Sec. 20.03. Kidnapping (3rd degree felony)

person intentionally or knowingly abducts another person

Sec. 19.04. Manslaughter (2nd degree)

person recklessly causes death of individual

Actor

person whose criminal responsibility is in issue in a criminal action. "suspect" used in this code, means "actor"

Sec. 30.04. Burglary of Vehicles (Class A Misdemeanor) (STJ Felony; with two or more previous convictions, if shown on trial)

person, without effective consent of owner, breaks into or enters a vehicle or any part of vehicle with intent to commit a felony or theft "enter" means any part of body or physical object connected with body

Bodily Injury

physical pain, illness, any impairment of physical condition

Habitation

structure of vehicle that is adapted for the overnight accommodation of persons includes; each seperately secured or occupied portion each structure appurtenant (belonging or pertinent, as in secondary buildings) to or connected to structure/vehicle

Sec. 16.01. Unlawful Use of Criminal Instrument or Mechanical Security Device

1. person possesses criminal instrument or mechanical security device with intent to use in commission of offense - Offense one category lower than offense intended 2. with knowledge of character and intent to use or permit another to use in commission of criminal offense a criminal instrument or mechanical device manufactures, sells, installs, sets up device- STJ felony

Sec. 42.02. Riot

1.assemblage of 7+ persons that creates immediate danger of damage to property or injury to persons 2.substantially obstruts law enforcement or 3.by force or threat of force or physical action deprives or disturbs person of legal rights Class B Misdemeanor

Sec. 39.04 Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody

A correctional facility employee, volunteer of correctional facility, peace officer intentionally; denies/impedes a person in custody of exercise/ enjoyment of any right, privilege, immunity - Class A Misdemeanor engages in sexual contact, intercourse, deviate sexual intercourse with individual in custody - STJ Felony unless; individual in custody of Texas Juvenile Justice Department or juvenile offender - 2nd degree felony

Sec. 22. 01. Assault (2nd degree felony)

A man catches his wife cheating on him and grabs her by the throat, impeding her breathing. Last year, he was convicted of the same thing. What degree of assault has been committed?

Sec. 19.03. Capital Murder (Capital felony) (murder of peace officer/ fireman) (murder in course of committing or attempting to commit burglary, kidnapping, agg. sexual assault, arson, obstrucion or retaliation, terroristic threat, robbery) (murder of child under 10 yrs) (murder while escaping or attempting to escape from penal institution) etc...

A man kidnapps and kills a 9 year old. What offense has been committed?

Sec. 22.01 Assault (3rd degree felony) assault against public servant (3rd degree felony)

A man thinks his wife is cheating on him and he grabs her by the throat, impeding her ability to breather. What degree of assault has been committed?

Sec. 38.13. Hindering Proceedings by Disordely Conduct

Class A Misdemeanor person Intentionally hinders official proceeding by noise, violent/tumultuous behavior or disturbance person Recklessly hinders official proceeding by above actions after explicit official request to desist

Sec. 20.04. Aggravated Kidnapping (1st degree felony)

Deputy Kidwell is dispatched to the Shell gas station on Univeristy Ave. due to a robbery in progress. Upon arrival, a bystander informs Dep. Kidwell that one J. Whinnery abduted her son and is holding him hostage inside the gas station. What offense has been committed?

Sec. 30.03. Burglary of Coin-Operated or Coin Collection Machines. (Class A Misdemeanor)

Dickerson is hungry. He decides to take a bag of chips from the vending machine at work by sticking his hand through dispenser. He grabs two just in case he gets hungry later. What offense has Dickerson committed?

Sec. 19.02. Murder (1st degree felony)

Jonathan enters a convenience store, points a gun at the clerk, and demands the money in the cash register. The clerk gives him the money. Jonathan turns to leave and the clerk jumps over the counter and begins to wrestle with Jonathan. Jonathan shoots the clerk in order to get away. The clerk dies as a result. What offense has been committed?

Sec. 30.05. Criminal Trespass. (Class B Misdemeanor) (Class A Misdemeanor; if Ruffin can't find the Charmander in the yard and enters the home)

Ruffin is playing Pokemon Go. She knows there is a Charmander just inside her neighbors property which has "No Trespassing" signs clearly posted throughout the property. She decides to jump the fence anyway to search for the Charmander. What offense has she committed? If Ruffin cannot find the Charmander in the neighbors yard and goes inside the home, what degree offense has she committed?

Sec. 38.17. Failure to Stop or Report Aggravated Sexual Assault of Child

actor, other than person with care, custody or control of child, observes commission/attempted commission of agg sexual assault of child or cont sexual abuse of child in circumstances reasonable person would believe offense of sexual nature was being/about to be committed against child and fails to assist or immediately report offense if actor could assist without suffering sbi or death Class A Misdemeanor

Possession

actual care, custody, control, or management

Oath

affirmation

Sec. 8.01. Insanity

affirmative defense, actor did not know conduct was wrong as a result of severe mental disease or defect

Sec. 8.05. Duress

affrimative defense to prosecution; if offense does not constitute felony, affirmative defense actor engaged in proscribed conduct because he was compelled by force or threat of force

Sec. 2. 01. Proof Beyond Reasonable Doubt

all persons are presumed innocent and no person may be convicted unless each element of offense is proved beyond _________________

Public place

any place to which the public or substancial group of the public has access and includes, streets, highways, commons areas of schools, hospitals, apartment houses, office buildings

Benefit

anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested

Harm

anything reasonably regarded as loss, disadvantage, or injury including harm to another person in whose welfare the person affected is interested

Consent

assent in fact whether express or apparent

Sec. 6.02. Recklessly

aware but consciously disregards a substantial and unjustifiable risk that circumstance exists or result will occur

Sec. 6.02. Knowingly

aware of nature of his conduct, aware that his conduct is reasonably certain to cause result

Serious bodily injury

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

Controlled burning

burning of unwanted vegetation with consent of owner of the property and in such manner that fire is controlled

adequate cause

cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection

criminal episode

commission of two or more offenses regardless whether harm is directed toward or inflicted upon more than one person or item of property under following circumstances offenses are repeated commission of same or similar offenses committed pursuant to same or two or more transactions that are connected or constitute common scheme or plan

Law

constitution or statute of this state or of the U.S., a written opinion of court of record, municipal ordinance, order of a county commissioners court, rule authorized by and lawfully adopted under a statute

Sec. 6.02. Requirement of Culpability

culpable mental state required unless definition plainly dispenses with any mental element

Sec. 8.02. Mistake of Fact

defense to prosecution; actor through mistake formed reasonable belief about matter of fact if belief negated culpability required

sudden passion

directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of the former provocation

Objectives of Code

establish system or prohibitions, penalties, and correctional measures to deal with conduct that causes or threatens harm to individual or public interests

Sec. 12.22. Class B Misd

fine not to exceed $2000 confinement in jail not to exceed 180 days both

Sec. 12.21. Class A Misd

fine not to exceed $4000 confinement in jail not to exceed 1 year both

Deadly weapon

firearm or anything designed, made, adapted for purpose of inflicting death or sbi anything that in the manner of its use is capable or causing death or sbi

Sec. 43.02. Prostitution

in return for receipt of a fee, person knowingly offers to engage, agrees to engage, or engages in sexual conduct regardless of whether fee is received or payed Class B misdemeanor Class A misdemeanor if one or two convictions State Jail Felony if three+ convictions 3rd degree felony - person solicited younger than 18 or presented as being younger than 18

Sec. 29.02. Robbery (2nd degree felony)

in the course of a theft with intent to obtain or maintain control of the property he; intentionally, knowingly, recklessly causes bodily injury to another; or intentionally, knowingly threatens or places another in fear of imminent bodily injury or death

Effective consent

includes consent of person legally authorized to act for owner Consent not effective if; induced by force, threat, or fraud given by person not legally authorized to act for owner; given by person unable to make reasonable decision, i.e. youth, mental defect, intoxication; given solely to detect commission of offense

Sec. 15. 03. Criminal Solicitation

intent to commit capital felony or felony of 1st degree requests, commands, attempts to induce another to engage in specific conduct that would constitute the felony or make the other a party to its commission offense under this section is felony 1st if offense solicited is capital felony felony 2nd if offense solicited is felony 1st

Sec. 8.03. Mistake of Law

no defense to prosecution that actor was ignorant of provisions of any law after law has taken effect

Public Servant

officer, employee, agent of government juror, grand juror arbitrator, referee or other person authorized by law or private written agreement to hear or determine cause or controversy attorney at law or notary public when performing government function

Sec. 6.02 Crimial Negligence

ought to be aware of a substantial and unjustifiable risk that circumstances exist or result will occur

Sec. 19.05. Criminally negligent homicide (STJ Felony)

person causes death of individual by criminal negligence

Sec. 29.03. Aggravated Robbery (1st degree felony)

person commits robbery as defined by Sec. 29.02, and he; causes SBI to another; uses or exhibits deadly weapon; or causes bodily injury to another or threatens or places another in fear of imminent bodily injury/death and the person is 65 or older or a disabled person

Sec. 21.02. Continuous Sexual Abuse of Young Child or Children

person committs two or more acts of sexual abuse during a period 30 or more days in duration regardless if there is one or more victims; and at time of commission of offense actor is 17 or older and child is younger than 14 1st degree felony punishable by imprisonment in TDCJ for life or any term not more than 99 years or less than 25 years

Sec. 38.14. Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer

person intentionally/ knowingly and with force takes/attempts to take from a peace officer/federal investigator/ official their nightstick, stun gun, personal protection chemical dispensing device wih intention of harming officer or a third person. person is presumed to know if distinctive uniform or badge worn or if officer identifies himself 3rd degree felony if weapon taken STJ felony if attempt to take weapon made

Sec. 38. 15. Interference with Public Duties

person interferes with Criminal Negligence with peace officer, EMS, animal (under supervision of official), fire fighter (fighting fire/investigating fire) while performing duty imposed by law or transmission of communication over citizens band radio channel to inquire about emergency Class B Misdemeanor

Sec. 7.01. Parties to Offenses

person is criminally responsible as party to offense if offense committed by his own conduct, by conduct of another for which he is criminally responsible or both

Exception

prosecuting attorney must negate the existance of an exception and prove beyond reasonable doubt defendant does not fall within the exception

Defense, Affirmative Defense

prosecuting attroney not required to negate existance

Sec. 39.02. Abuse of Official Capacity

public servant commits offense if with intent to obtain benefit or intent to harm or defraud another, intentionally/ knowingly violates law relating to office or employment misuses government property, services, personnel or thing of value in public servants custody by virtue of office Class A Misdemeanor value of use of thing misused is; follows value ladder

Sec. 39.03. Official Oppression

public servant under color of office or employment commits offense if he intentionally submits/subjects another to mistreatment or arrest, detention, search, seizure, sexual harrasment denies or impedes another exercise/enjoyment of any rights, privilege, power, immunity he knows is unlawful Class A Misdemeanor 3rd degree if intent to impair accuracy of data to Texas Education Agency

Felony

punishable by death or confinement in penitentiary

Misdemeanor

punishable by fine or confinement in jail

Open-space land

real property undeveloped for purpose of human habitation

Short barrel firearm

rifle with barrel length less than 16 in shotgun with barrel length less than 18 in any weapon made from shotgun or rifle as altered has overall length of less than 26 in

Sec. 12. 35. State Jail Felony

state jail confinement not more than 2 years or less than 180 days fine not to exceed $10,000 3rd degree felony punishment if weapon used or exhibited or party to offense wherein weapon used individual has been previously finally convicted of felony

Sec. 12. 31 Capital felony

state seeks death penalty; 1. TDCJ, life w/o parole, death state does not seek death penalty; 1. TDCJ, life if individual committed offense when younger than 18 2. TDCJ, life w/o parole if individual committed offense 18 or older

Building

structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

Property

tangible or intangible personal property, a document, including money, that represents or imbodies anything of value

Element of offense

the forbidden conduct the required culpability any required result negation to any exception to the offense

Coercion

threat, however communicated to commit an offense; inflict bodily injury in future on person threatened or another; accuse person of offense; harm credit or business repute; take or withold action as a public servant or cause public servant to withold action

Sec. 15.02. Criminal Conspiracy

with intent that felony be committed; agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; he or one or more of them performs overt act in pursuance of agreement offense is one lower than most serious felony that is object of conspiracy

Sec. 20.05. Smuggling of persons

with intent to obtain pecuniary benefit knowingly; uses motor vehicle, air/watercraft or other means to transport individual with intent to ; conceal individual from peace officer/investigator flee from person actor knows is peace officer encourages/induces individual to remain in country in violation of federal law by concealing, harboring, or shielding person from detection 3rd degree felony likelihood of SBI smuggled individual younger than 18 2nd degree felony if shown at trial smuggled individual became vicim of sexual assault 1st degree felony

Sec. 8.04. Intoxication

Voluntary intoxication does not constitute a defense to commission of crime

Sec. 28.02. Arson. (2nd degree felony) (1st degree felony if; bodily injury, death)

What degree felony has been committed if a place of worship is set on fire?

Sec. 22.01. Assault (Class A Misdemeanor)

Whitus tells Sladecek he is a way better medic than he is. Sladecek punches Whitus in the arm causing Whitus pain. What offense has been committed?

Act

bodily movement, voluntary or involunary, and includes speech

Sec. 22.10. Leaving Child in a Vehicle.

intentionally or knowingly leaves a child younger than 7 years of age unattended in a motor vehicle longer than 5 minutes Class C Misdemeanor

Sec. 20.02. Unlawful Restraint (Class A Misdemeanor) (STJ Felony person restrained younger than 17) (3rd degree felony if victim exposed to SBI or is a public servant lawfully discharging official duty)

Henderson and Hoffman are on a lunch break from class. Hoffman says he has many questions for the instructor when they return. Henderson is having none of it and promptly sits on Hoffman, restraining him against his will. What offense has been committed?

Sec. 22.01 Assault (Class A Misdemeanor)

Horseman is trying to catch a movie with her boyfriend, who recently proposed to her...that they get a Costco membership together. How exciting. There is a 67 year old lady at the ticket booth in front of them. Shes talking about her cat to the attendant. Horseman has no time for this nonsense. She pushes the frail old woman out of the way. What degree of assault did Horsman just commit?

Sec. 30.02. Burglary (STJ Felony;committed in building other than habitation)(2nd degree felony; if Walters bought the bag and took it home (habitation) and Horseman later opens her living room window with a crowbar and snatches the bag from a coffee table conveniently placed just inside the window)

Horseman remains in a Macys after closing hours in order to take a Prada bag she just has to have. What offense has she committed?

Sec. 22.01 Assault (Class C Misdemeanor)

Hudash is jealous that Barcenas has an Oculus VR Headset. Hudash thinks Barcenas watches content of explicit nature all day long. In reality, the Oculus VR Headset can do many a great thing other than produce content of explicit nature in home-theater style right before your eyes. Hudash spitefully shoves Barcenas, who is innocently using his Oculus VR Headset. Barcenas isn't hurt, he's pretty tough. But c'mon, thats pretty offensive. Barcenas has Hudash arrested on what charge?

Sec. 28.03. Criminal Mischief (Class B Misdemeanor)

Hudash takes Barcenas' Oculus VR Headset and smashes it on the floor, cause if he can't have it, no one can. Barcenas' Galaxy S7 is attached. The total pecuniary loss is $550. What degree and offense has Hudash intentionally done?

Sec. 38.10 Bail Jumping/ Failure to Appear

a. intentionally/ knowingly person fails to appear if lawfully released from custody with/without bail, on condition that he appear in accordance with terms of release. c. Class A Misdemeanor d. Class C Misdemenaor if; offense requiring actors appearance is punishable by fine only e. 3rd degree felony if; offense requiring actors apperance is a classified as felony

Conduct

act or omission and accompanying mental states

Sec. 12.34. 3rd Degree Felony

TDCJ not more than 10 or less than 2 yrs fine not to exceed $10,000

Sec. 12.33. 2nd Degree Felony

TDCJ not more than 20 or less than 2 yrs fine not to exceed $10,000

Sec. 12.32 1st Degree Felony

TDCJ not more than 99 or less than 5 yrs fine not to exceed $10,000

Sec. 16.02. Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications

intentionally intercepts, endeavors to intercept, or procures another to intercept or endeavor to intercept a wire, oral , or electronic communication intentionally discloses or enavors to disclose to another the contents of wire, oral, electronic communication - 2nd degree felony intentionally manufactures , assembles, possesses, sells device knowing device is designed primarily for nonconsensual interception - STJ felony knowing official has applied for authorization to intercept wire, impedes, prevents, gives notice or attempts to give notice of interception - STJ felony

Sec. 46.02 Unlawful Carrying Weapon

intentionally, knowingly, recklessly carries on or about his person handgun, illegal knife, or club if not on persons own premises or en route to vehicle owned by person - Class A Misdemeanor carries handgun in vehicle in plain view unless licensed to carry - Class A misdemeanor engaged in criminal activity other than class C misd; or member of criminal street gang; or prohibited by law from possessing firearm - Class A Misdemeanor carries weapon on or about person on premises licensed for the sale of alcoholic beverages - 3rd degree felony

Sec. 42.03. Obstructing Highway or Other Passageway

intentionally, knowingly, recklessly; obstructs highways, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, exit regardless of means creating obstuction or; disobeys request order issued by person actor knows to be a peace officer Class B Misdemeanor

Sec. 42. 01. Disorderly Conduct

intentionally/ knowingly Class C - uses abusive, indecent, profane, vulgar language in public that incites breach of peace, makes offensive gesture or display, abuses or threatens in offensive manner in public, makes unreasonable noise in or near residence he has no right to occupy, fights with another in public. exposes anus or genitals and is reckless whether another may be present who will be offended or alarmed, enters on property of another, looks into dwelling Class B - discharges firearm in public place, displays firearm or other deadly weapon in public in manner calculated to alarm

Sec. 42.10. Dog Fighting

intentionally/ knowingly causes dog to fight with another dog participates in earnings of or operates facility used for dog fighting uses or permits another to use any real estate, building, arena, or other property for dog fighting STJ Felony ^ person owns/ possesses dog fighting equipment with intent of furtherence of dog fighting owns or trains dog with intent dog be used in exhibition of dog fighting attends as spectator of exhibition of dog fighting Class A Misdemeanor

Illegal knife

knife with blade over five and a half inches hand instrument designed to stab or cut another by being thrown bowie knife sword spear

Sec. 16.06. Unlawful Installation of Tracking Device.

knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person

Sec. 16.03. Unlawful Use of Pen Register or Trap and Trace Device

knowingly installs or uses a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line STJ Felony

Sec. 42.062. Interference with Emergency Request for Assistance

knowingly prevents or interferes with anothers ability to place emergency call or request for assistance to entity whose primay purpose is to provide safety recklessly renders unusable an electronic communication device that would be used by another to place emergency call/request Class A Misdemeanor STJ Felony w/previous conviction

Sec. 20A.02. Trafficking of persons

knowingly trafficks another person with intent that trafficked person engage in forced labor or services receives a benefit from a trafficked person by receiving labor or services trafficks another and through force, fraud, coercion causes trafficked person to engage in promotion, aggravated promotion, compelling of prostitution or prostitution receives benefit from participating in venture that involves above mentioned activities 2nd degree felony if child (younger than 18) involved; commission of offense results in death 1st degree felony