Penal Code 3 - TCOLE Objectives 8.24 - 8.34

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PC 37.04 Materiality A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have ____________ the course or ___________ of the official proceeding.

affected; outcome

PC 42.01. DISORDERLY CONDUCT It is a defense to prosecution under Subsection (a)(4)[abuses or threatens another in an obviously offensive manner] that the actor had significant ________________ for his abusive or threatening conduct.

provocation

PC 42.01. DISORDERLY CONDUCT "___________ __________" includes a public school campus or the school grounds on which a public school is located.

public place

"___________ ___________" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.

Explosive weapon

PC 49.09. ENHANCED OFFENSES AND PENALTIES. -Intox Assault SBI on PO or Judge

PC 49.09. ENHANCED OFFENSES AND PENALTIES. -Intox Manslaughter on FF, EMS, PO, judge

PC 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. -recklessly -killing or conduct likely to kill, including poison, trap, other object/substance -injuring conduct likely to injure in a manner that materially and permanently affects ability of the animal

PC 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY. -knowingly or intentionally -possesses, or knowingly or intentionally -accesses with intent to view, visual material that visually depicts a child -who is engaging in sexual conduct, including a child who engages in sexual conduct as a victim of trafficking; and -knows the material depicts the child

-F3 -F2 prev conv -F1 2 or more prev conv

PC 43.03. PROMOTION OF PROSTITUTION. [pimps] -acting other than as a prostitute -receiving compensation for personally rendered prostitution services, 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.

-F3 -F2 prev conv -F1 under 18 yoa

PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS -intentionally, knowingly, or recklessly: -tortures, cruelly kills, or SBI -w/o owner consent, kills, poisons, or SBI

-F3 -F2 prev conviction for torture, cruel killing, SBI, fights animals, or uses as a lure in a dog race

PC 46.03. PLACES WEAPONS PROHIBITED intentionally, knowingly, or recklessly -possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon -to a school or school sponsored activity unless allowed by school or can have concealed handgun if allowed -polling place -gov't court or offices unless allowed -racetrack -secure area of airport -1,000 ft place of execution and had notice -location-restricted knife prohibited in bar, school, correctional facility, hospital, mental hospital, amusement park, church

-F3 -MDC if location-restricted knife unless at a school or school activity, then F3

PC 42.06. FALSE ALARM OR REPORT. -knowingly -initiates, communicates or circulates a -report of a present, past, or future bombing, fire, offense, or other emergency -he knows is false or baseless and that would ordinarily place a person in fear of imminent SBI or prevent/interrupt occupation of building room, church, public area, aircraft, automobile, or other conveyance

-MDA -SJF if college, school, public communications, transportation, water, gas, power, or other public service

PC 46.05. PROHIBITED WEAPONS. -intentionally or knowingly -possesses, manufactures, transports, repairs, or sells -unless registered in the Nat'l Firearms Registration and Transfer Record maintained by ATF or not required to register or is classified as a curio or relic by DOJ: explosive weapon, machine gun, short-barrel firearm -armor-piercing ammunition -chemical dispensing device -zip gun -tire deflation device -firearm silencer, unless classified as a curio or relic by DOJ or possesses in compliance w/ federal law -IED

-F3 -SJF if tire deflation device

PC 39.06. MISUSE OF OFFICIAL INFORMATION. in reliance on information to which the public servant has access and that has not been made public -acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise -speculates or aids another to speculate on the basis of the information; obtain a benefit or harm or defraud: -discloses or uses information for a nongovt purpose he has access to by means of his office/employment; and has not been made public. -solicits or receives from a public servant information he has access to by means of his office/employment and has not been made public.

-F3 -MDC coerces another into suppressing or failing to report info to a LE agency.

PC 37.09 TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE. -knowing that an investigation or official proceeding is pending or in progress -alters, destroys, or conceals -to impair its verity, legibility, or availability as evidence -makes, presents, or uses -to affect the course or outcome -any record, document, or thing

-F3 alters, destroys, or conceals, makes, presents or uses any record, doc, thing w/ intent to impair as evidence or affect course of outcome -F2 Human corpse -MDA Observes human corpse

PC 46.04. UNLAWFUL POSSESSION OF FIREARM. -convicted of a felony commits an offense if he possesses a firearm -after conviction and before 5th anniversary from confinement or person's release from supervision, whichever is later; or after the period at any location other than their premises -convicted of Assault BI FV, possesses firearm before 5th anniversary of their release date from confinement; or release from community supervision. -full time PO w/ a protective order possesses a firearm after receiving notice of the order and before the expiration

-F3 felon in possession -MDA if Assault BI FV conviction, PO violating protective order

PC 49.09. ENHANCED OFFENSES AND PENALTIES. -DWI, FWI, BWI, Assembling/operating amusement ride while intox, DWI w/ child passenger

-F3 if prev intox manslaughter or 2 intox convictions

PC 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. -intentionally or knowingly -and with force takes or attempts to take -firearm, nightstick, stun gun, or OC spray

-F3 took wpn -SJF attempted to take wpn

PC 39.03. OFFICIAL OPPRESSION. -public servant acting under color of his office/employment -intentionally -subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful - denies/impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or -subjects another to sexual harassment.

-MDA -F3 acted w/ intent to impair data reported to TEA through PEIMS

PC 46.02. UNLAWFUL CARRYING WEAPONS. -intentionally, knowingly, or recklessly -carries on or about his or her person a handgun; and -is not on the person's own premises or premises under the person's control; or -inside of or directly en route to a vehicle/watercraft owned by the person or under the person's control. -handgun in plain view in vehicle/watercraft; or -engaged in criminal activity other than MDC traffic, prohibited by law from possessing a firearm, or a member of a gang

-MDA -F3 at premises licensed for sale of alcohol

PC 38.06. ESCAPE -escapes from custody -under arrest for, lawfully detained for, charged with, or convicted of an offense -in custody pursuant to a lawful order of a court -detained in a secure detention facility -in the custody of a juvenile probation officer

-MDA -F3 felony offense -F2 causes BI to escape -F1 SBI or deadly wpn

PC 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. -license holder carries a handgun on or about their person, and -intentionally displays the handgun in plain view of another person in a public place. -carries a partially or wholly visible handgun, regardless of whether the handgun is holstered and intentionally displays the handgun in plain view of another person at a college or public/private driveway, street, sidewalk/walkway, parking lot, parking garage, or other parking area of a college -intentionally carries a concealed handgun on the campus which the carrying of a concealed handgun is prohibited by rules -intentionally, knowingly, or recklessly carries a handgun -at a bar -school -correctional facility -hospital -amusement park -civil commitment facility -gov't meeting -while intoxicated -security officer violating subchapter H, Ch 411, Gov't Code

-MDA -F3 if at bar or correctional facility

PC 42.09. CRUELTY TO LIVESTOCK ANIMALS. -intentionally or knowingly -fails to care for -abandons -transports/confines in a cruel and unusual manner -overworks animal

-MDA -SJF 2 or more convictions

PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS -intentionally, knowingly, or recklessly: -fails to care for -abandons -transports/confines in cruel manner -BI w/o owner consent -overworks animal

-MDA -SJF 2 or more prev convictions

PC 37.10. TAMPERING WITH GOVERNMENTAL RECORD. -knowingly makes a false entry in, or false alteration, of a govt record -makes, presents, or uses any record, doc, or thing w/ knowledge of its falsity and w/ intent it be used unlawfully -intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a govt record -possesses, sells, or offers to sell a govt record/blank govt record form w/ intent that it be used unlawfully; -makes, presents, or uses a govt record w/ knowledge or its falsity; or -possesses, sells, or offers to sell a gov't record/blank govt record w/ knowledge it was obtained unlawfully

-MDA -SJF intent defraud or harm another -F3 public school record, expert examination, written report of certification for maintenance record, or search warrant -MDC enrollment school record est. residency -MDB written appraisal filed w/ appraisal review board -MDB with knowledge of its falsity and with intent that it be taken as a genuine govt record, or makes, presents, or uses a govt record with knowledge of its falsity; and convicted of presenting or using record

PC 38.04. EVADING ARREST OR DETENTION. -intentionally flees -from PO or Fed Inv. -attempting to arrest or detain

-MDA -SJF prev Evading conviction -SJF if uses vehicle/watercraft -F3 vehicle/watercraft & prev Evading conviction -F3 tire deflation device -F3 SBI -F2 death -F2 SBI & tire deflation device

PC 43.02. PROSTITUTION. -knowingly -offers or agrees to pay a fee to another person for engaging in sexual conduct with that person or another. (Johns)

-MDA -SJF prev conv -F2 under 18 yoa, represented under 18 yoa, believed under 18 yoa

PC 38.05. HINDERING APPREHENSION OR PROSECUTION. -intent to hinder the arrest, prosecution, conviction, or punishment of another -intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct -intent to hinder the arrest of another under the authority of a warrant or capias -harbors or conceals the other -provides or aids in providing the other to avoid arrest or to escape -warns the other of arrest

-MDA -F3 the other person is convicted of a felony

PC 49.09. ENHANCED OFFENSES AND PENALTIES. -DWI, FWI, BWI, Assembling/operating amusement ride while intox

-MDA prev conv -30 day confinement

PC 43.02. PROSTITUTION. -knowingly -offers or agrees to receive a fee from another to engage in sexual conduct (prostitute)

-MDB -MDA 2 prev conv -SJF 3 prev conv

PC 38.02. FAILURE TO IDENTIFY. -intentionally gives false or fictitious -name, address, or date of birth to a peace officer -arrested, detained, or witness to criminal offense

-MDB -MDA if fugitive from justice

PC 42.07. HARASSMENT -intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person -initiates communication and in the course of communication makes a comment, request, suggestion, or proposal that is obscene; -threatens, likely to alarm, to inflict BI or commit a felony against them, their family, or their property; -repeatedly calling them, calls anonymously, or in a manner to harass, annoy, alarm, abuse, torment, embarrass, or offend -calls and won't hang up -lets someone use their phone to harass -sends repeated texts/emails/other messages to harass, annoy, alarm, abuse, torment, embarrass, or offend

-MDB -MDA w/ prev conviction -MDA if texts/emails/messages against child under 18 w/ intent that the child COMMIT SUICIDE or engage in conduct causing SBI -MDA if prev violated temp restraining order or injunction (civil)

PC 49.04. DRIVING WHILE INTOXICATED. -intoxicated while operating a motor vehicle in a public place.

-MDB min 72 hrs -MDB open container min 6 days -MDA 0.15 BAC or more at trial

PC 38.02. FAILURE TO IDENTIFY. -intentionally refuses -name, address, or date of birth to a peace office -lawfully arrested and requested the information

-MDC - MDB if fugitive from justice

PC 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. -child gains access to a readily dischargeable firearm and -with criminal negligence -failed to secure the firearm; or -left the firearm in a place the person knew or should have known the child would gain access.

-MDC -MDA child causes death or SBI

PC 43.261. ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR. -who is a minor -intentionally or knowingly -by electronic means promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced the visual material or knows another minor produced the visual material; or -possesses in an electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material.

-MDC -MDB intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another -MDB prev conv -MDA prev conv for promoting -MDA 2 or more conv

PC 42.14. ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT. -intentionally -directs a light from a laser pointer or other light source at an aircraft; and -the light has an intensity sufficient to impair the operator's ability to control the aircraft.

-MDC directs at aircraft -MDA impairs control

PC 39.02. ABUSE OF OFFICIAL CAPACITY. -public servant -intent to obtain a benefit or with intent to harm or defraud another -intentionally or knowingly -misuses gov't property, services, personnel, or any other thing of value belonging to the gov't that has come into the public servant's custody or possession by virtue of the public servant's office/employment.

-MDC less than 100 -MDB 100-750 -MDA 750-2500 -SJF 2500-30,000 -F3 30,000-150,000 -F2 150,000-300,000 -F1 over 300,000

PC 42.09. CRUELTY TO LIVESTOCK ANIMALS. -intentionally or knowingly -tortures -poisons w/o owner consent -fights animals -lure in a dog race -trips a horse

-SJF -F3 if 2 or more convictions

According to PC 42.01. DISORDERLY CONDUCT, The offenses of using abusive, indecent, profane, or vulgar language, making an offensive gesture/display, creating a noxious and unreasonable odor, unreasonable noise, or fighting with another in public does not apply to a student younger than ______ years of age and conduct occurred at a public school during school hours.

According to PC 49.02. PUBLIC INTOXICATION, An offense under this section committed by a person younger than ______ years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

A; 15

PC 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (a) continued... (2) any gambling offense punishable as a Class _______ misdemeanor; (3) promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution; (4) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons; (5) unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or _____________ possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception;

A; unlawful

According to PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS, "______________" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.

Abandon

PC CH 43 Public Indecency Definitions "__________ _____________ ________________" means a provider of software, including client or server software, or enabling tools that perform one or more of the following functions: (A) filter, screen, allow, or disallow content; (B) select, analyze, or digest content; or (C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.

Access software provider

"______________ ________________" means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters of urine.

Alcohol concentration

"____________ _____________ equipment" means any contrivance that has been altered in some manner, including, but not limited to, shaved dice, loaded dice, magnetic dice, mirror rings, electronic sensors, shaved cards, marked cards, and any other equipment altered or designed to enhance the actor's chances of winning.

Altered gambling

"____________ __________" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Amusement park

According to PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS, "_____________" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.

Animal

"________ _____ ___________" includes a vehicle, trailer, kennel, pen, or yard.

Area of control

"_________-___________ ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

Armor-piercing

"________________" means a play, motion picture, dance, or other exhibition performed before an audience.

Performance

"_________" means an agreement to win or lose something of value solely or partially by chance. A bet does not include: (A) contracts of indemnity or guaranty, or life, health, property, or accident insurance; (B) an offer of a prize, award, or compensation to the actual contestants in a bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in a contest; or (C) an offer of merchandise, with a value not greater than $25, made by the proprietor of a bona fide carnival contest conducted at a carnival sponsored by a nonprofit religious, fraternal, school, law enforcement, youth, agricultural, or civic group, including any nonprofit agricultural or civic group incorporated by the state before 1955, if the person to receive the merchandise from the proprietor is the person who performs the carnival contest.

Bet

"__________________" means: (A) to receive and record or to forward more than five bets or offers to bet in a period of 24 hours; (B) to receive and record or to forward bets or offers to bet totaling more than $1,000 in a period of 24 hours; or (C) a scheme by three or more persons to receive, record, or forward a bet or an offer to bet.

Bookmaking

According to PC 42.105. COCKFIGHTING, "_________" means a leather device designed to fit over the head and beak of a cock to prevent the cock from injuring another cock.

Bridle

"____________ _____________ device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

Chemical dispensing

According to 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG, "__________" means an individual younger than 17 years of age.

Child

"_________" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (A) blackjack; (B) nightstick; (C) mace; (D) tomahawk.

Club

According to PC 42.105. COCKFIGHTING, "_________" means the male of any type of domestic fowl.

Cock

According to PC 42.105. COCKFIGHTING, "_________________" means any situation in which one cock attacks or fights with another cock.

Cockfighting

"________________" means three or more persons who collaborate in carrying on criminal activities, although: (1) participants may not know each other's identity; (2) membership in the combination may change from time to time; and (3) participants may stand in a wholesaler-retailer or other arm's-length relationship in illicit distribution operations.

Combination

"_________________" means any item necessary for the current, ongoing, or future operation of a cellular telephone or other wireless communications device, including a subscriber identity module card or functionally equivalent portable memory chip, a battery or battery charger, and any number of minutes that have been purchased or for which a contract has been entered into and during which a cellular telephone or other wireless communications device is capable of transmitting or receiving communications.

Component

"____________ ______ ____________" means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties.

Conspires to commit

"________ ________" means a decree, judgment, order, subpoena, warrant, minutes, or other document issued by a court of: (A) this state; (B) another state; (C) the United States; (D) a foreign country recognized by an act of congress or a treaty or other international convention to which the United States is a party; (E) an Indian tribe recognized by the United States; or (F) any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the United States Constitution.

Court record

"__________ __________ __________" means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.

Criminal street gang

According to PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS, "__________ _____________" includes a manner that causes or permits unjustified or unwarranted pain or suffering.

Cruel manner

According to PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS, "_____________" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.

Custody

_____________ means: (A) under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States; or (B) under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

Custody

"____________ sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person.

Deviate

"_____________ ______________" means anything reasonably regarded as an economic gain or advantage, including accepting or offering to accept employment for a fee, accepting or offering to accept a fee, entering into a fee contract, or accepting or agreeing to accept money or anything of value.

Economic benefit

"__________" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.

Escape

"____________ ______________" means so offensive on its face as to affront current community standards of decency.

Patently offensive

PC 49.08. INTOXICATION MANSLAUGHTER. -operates a vehicle in a public place, -operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and -is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

PC 49.09. ENHANCED OFFENSES AND PENALTIES. -Intox Assault SBI on FF, EMS

PC 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY. -knowingly or intentionally -promotes or possesses -with intent to promote material; and -knows the material depicts the child

F2 F1 prev conv

PC 43.25. SEXUAL PERFORMANCE BY A CHILD -knowing the character and content thereof, -he employs, authorizes, or induces a child to engage in sexual conduct or a sexual performance. -A parent/legal guardian/custodian consents to the participation by the child in a sexual performance.

F2 F1 under 14 yoa

PC 43.251. EMPLOYMENT HARMFUL TO CHILDREN -employs, authorizes, or induces a child to work: -in a sexually oriented commercial activity; or -in any place of business permitting, requesting, or requiring a child to work nude or topless.

F2 F1 under 14 yoa

PC 37.03 Aggravated Perjury commits perjury and the false statement: --made during or in connection with an official proceeding; and --is material.

PC 37.11. IMPERSONATING PUBLIC SERVANT -impersonates public servant -induces another to submit to pretended authority or acts -knowingly purports to exercise any authority, including as a judge and court

PC 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR. -knowing that the material is harmful: -and knowing the person is a minor, -hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing sale or display of the harmful material

PC 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.

PC 46.09. COMPONENTS OF EXPLOSIVES. -knowingly -possesses components of an explosive weapon -intent to combine the components into an explosive weapon for use in a criminal endeavor.

PC 46.10. DEADLY WEAPON IN PENAL INSTITUTION. while confined in a penal institution -intentionally, knowingly, or recklessly: -carries a deadly weapon; or -possesses or conceals a deadly weapon

PC 49.07. INTOXICATION ASSAULT. -by accident or mistake -operating an aircraft, watercraft, or amusement ride while intoxicated, -or while operating a motor vehicle in a public place while intoxicated, -causes SBI to another. -as a result of assembling a mobile amusement ride while intoxicated causes SBI to another

71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG. -knowingly -causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang -as a condition of initiation, admission, membership, or continued membership, and requires the commission of any conduct which constitutes an offense punishable as a Class A misdemeanor or a felony. -to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang, the person: (1) threatens imminent BI to the child or a member of the child's family; or (2) causes BI to the child or a member of the child's family.

F3 F2 2nd offense

PC 42.072. STALKING. -on more than one occasion and pursuant to the same scheme -directed specifically at another person, -knowingly -harasses or knows a person will regard as threatening BI or Death for them, a family member, their bf/gf, or property damage -causes a person, their family, or their bf/gf to fear BI, death, or property damage, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and to be placed in fear BI or death -would cause a person to fear BI, death, for them, family, bf/gf, or property damage or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended;

F3 F2 prev conviction

PC 43.25. SEXUAL PERFORMANCE BY A CHILD -knowing the character and content of the material, -he produces, directs, or promotes a performance that includes sexual conduct by a child

F3 F2 under 14 yoa

PC 38.11. PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY. provides, or possesses with the intent to provide, or possesses in a correctional facility or on the property: -alcoholic beverage, controlled substance, or dangerous drug -Deadly wpn -phone or components -money -tobacco -delivers/provides/pays for phone for inmate

F3 F3 criminal attempt

According to PC 42.055. FUNERAL SERVICE DISRUPTIONS, "___________" means a building at which any portion of a funeral service takes place, including a funeral parlor, mortuary, private home, or established place of worship.

Facility

"_______" means the payment or offer of payment in the form of money, goods, services, or other benefit.

Fee

"_______________" means to provide funds or capital or to furnish with necessary funds.

Finance

"____________" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

Firearm

"___________ __________" means any device designed, made, or adapted to muffle the report of a firearm.

Firearm silencer

"___________ ________ _____________" means a person for whom a valid arrest warrant has been issued.

Fugitive from justice

According to PC 42.055. FUNERAL SERVICE DISRUPTIONS, "___________ __________" means a ceremony, procession, or memorial service, including a wake or viewing, held in connection with the burial or cremation of the dead.

Funeral service

According to PC 42.105. COCKFIGHTING, "_________" means an artificial steel spur designed to attach to the leg of a cock to replace or supplement the cock's natural spur.

Gaff

"____________ _________" means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term: (A) includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits; and (B) does not include any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5, whichever is less.

Gambling device

"_____________ ________________" means any book, instrument, or apparatus by means of which bets have been or may be recorded or registered; any record, ticket, certificate, bill, slip, token, writing, scratch sheet, or other means of carrying on bookmaking, wagering pools, lotteries, numbers, policy, or similar games.

Gambling paraphernalia

"____________ ___________" means any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or the playing of gambling devices.

Gambling place

Anything belonging to, received by, or kept by government for information, including a court record is considered what?

Governmental Record

What is a written documentation a mobile food unit is required to obtain and a standard proof of motor vehicle liability insurance form considered?

Governmental Record

"________________ _____________" includes any activity that a public servant is lawfully authorized to undertake on behalf of government.

Governmental function

"_______________ __________" means: (A) anything belonging to, received by, or kept by govt for information, including a court record; (B) anything required by law to be kept by others for information of govt; (C) a license, certificate, permit, seal, title, letter of patent, or similar document issued by govt, by another state, or by the United States; (D) a standard proof of motor vehicle liability insurance form described by Section 601.081, Transportation Code, a certificate of an insurance company described by Section 601.083 of that code, a document purporting to be such a form or certificate that is not issued by an insurer authorized to write motor vehicle liability insurance in this state, an electronic submission in a form described by Section 502.046(i), Transportation Code, or an evidence of financial responsibility described by Section 601.053 of that code; (E) an official ballot or other election record; or (F) the written documentation a mobile food unit is required to obtain under Section 437.0074, Health and Safety Code.

Governmental record

"___________" means any firearm that is designed, made, or adapted to be fired with one hand.

Handgun

"___________ _____ __________" means a peace officer, corrections officer, or jailer who is specially trained to use a police service animal for law enforcement, corrections, prison or jail security, or investigative purposes.

Handler or rider

According to PC 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR, "____________ ___________" means material whose dominant theme taken as a whole: (A) appeals to the prurient interest of a minor, in sex, nudity, or excretion; (B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (C) is utterly without redeeming social value for minors.

Harmful material

"__________ __________" means a device that: (A) reasonably appears to be an explosive or incendiary device; or (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies.

Hoax bomb

"_______________ ____________ device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive.

Improvised explosive

"________________ computer service" means any information service, system, or access software provider that provides or enables computer access to a computer server by multiple users, including a service or system that provides access to the Internet or a system operated or service offered by a library or educational institution.

Interactive

"_____________" means the international computer network of both federal and nonfederal interoperable packet switched data networks.

Internet

"_________________" means: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more

Intoxicated

"_________ _________" means to commit money to earn a financial return.

Invest funds

"____________" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

Knife

"______ ____________ ____ _____ _________ ___________ ________ _____ ______________" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly: (A) imposes a duty on the public servant; or (B) governs the conduct of the public servant.

Law relating to a public servant's office or employment

"__________-__________ _________" means a knife with a blade over five and one-half inches.

Location-restricted knife

PC 37.02. PERJURY. -intent to deceive and with knowledge of the statement's meaning: -makes a false statement under oath -or swears to the truth of a false statement prev made and the statement is required or authorized by law to be made under oath; or -he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code.

MDA

PC 38.13. HINDERING PROCEEDINGS BY DISORDERLY CONDUCT. -intentionally hinders an official proceeding -by noise, violent, tumultuous behavior or disturbance -recklessly hinders an official proceeding -by noise, violent, tumultuous behavior or disturbance & continues after told to stop

MDA

PC 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. -recklessly -interferes with or obstructs animal or rider/handler by inhibiting/restricting or depriving rider/handler of control -releases animal from area of control -enters area or placing food/object in area of control

MDA

PC 38.17. FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD. -person other than parent/guardian -observes commission/attempted commission of Continuous Sexual Abuse of Young Child or Aggravated Sexual Assault -reasonable person would believe an offense of a sexual/assaultive nature was being committed -fails to assist child or report to LE; and -could assist the child or immediately report the offense w/o being placed in danger of SBI

MDA

PC 39.02. ABUSE OF OFFICIAL CAPACITY. -public servant -intent to obtain a benefit or with intent to harm or defraud another -intentionally or knowingly -violates a law relating to their office/employment

MDA

PC 42.08. ABUSE OF CORPSE. -without legal authority, knowingly -vandalizes, damages, or treats in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest.

MDA

PC 42.105. COCKFIGHTING. -knowingly -uses or permits another to use any real estate, building, room, tent, arena, or other property for cockfighting; -owns or trains a cock with the intent that the cock be used in an exhibition of cockfighting; -manufactures, buys, sells, barters, exchanges, possesses, advertises, or otherwise offers a gaff, slasher, or other sharp implement designed for attachment to a cock with the intent that the implement be used in cockfighting

MDA

PC 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES -recklessly -discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.

MDA

PC 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR. -knowing that the material is harmful: -and knowing the person is a minor, -he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition -he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display;

MDA

PC 46.08. HOAX BOMBS -knowingly manufactures, sells, purchases, transports, or possesses -hoax bomb with intent to use the hoax bomb to -make another believe that the hoax bomb is an explosive or incendiary device; or -cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.

MDA

PC 47.03. GAMBLING PROMOTION. -intentionally or knowingly -operates/participates in the earnings of a gambling place; -engages in bookmaking; -for gain, becomes a custodian of anything of value bet or offered to be bet; -sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or -for gain, sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.

MDA

PC 47.06. POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA. -intent to further gambling -he knowingly -owns, manufactures, transfers, or possesses -any gambling device that he knows is designed for gambling or equipment designed as a subassembly/essential part -knowingly owns, manufactures, transfers commercially, or possesses any altered gambling equipment designed for gambling or equipment designed as a subassembly/essential part of such device. -knowingly owns, manufactures, transfers commercially, or possesses gambling paraphernalia

MDA

PC 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION -intentionally prevents or obstructs a peace officer or another acting at the PO's direction - from effecting an arrest, search, transport of actor -by using force against the peace officer or another

MDA F3 deadly weapon

PC 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE. -knowingly prevents or interferes with another individual's ability to call 911 or request assistance in an emergency from a LE agency, medical, or other safety entity -recklessly renders a phone unusable that would be used by someone to call 911

MDA SJF prev conviction

PC 37.08 FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, LAW ENFORCEMENT EMPLOYEE, CORRECTIONS OFFICER, OR JAILER. -intent to deceive, -he knowingly -makes a false statement -statement material to criminal investigation -makes statement to: peace officer, federal investigator, employee of LE agency actor knows is investigating, or a corrections officer/jailer.

MDB

PC 37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY. -makes, provides to another person, or possesses -card, document, badge, insignia, shoulder emblem, or other item, including a vehicle, bearing an insignia -identifies the person as a peace officer or reserve PO -knows they aren't a PO as it says on the item -intentionally or knowingly misrepresents an object, including a vehicle leading a reasonable person to believe it belonged to a LE agency

MDB

PC 38.15. INTERFERENCE WITH PUBLIC DUTIES. -criminal negligence -interrupts, disrupts, impedes, or otherwise interferes -Peace Officer, EMS, FF, K9, animal control officer -a transmission of an emergency communication over a band radio channel -public health, environmental, radiation, or safety measures official

MDB

PC 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. -recklessly -throws an object or substance

MDB

PC 42.01. DISORDERLY CONDUCT -intentionally or knowingly -in a public place -displays firearm/deadly wpn in a manner calculated to alarm -discharges a firearm on or across a public road

MDB

PC 42.02. RIOT. -7 or more persons -creates immediate danger of damage to property or to injure persons -substantially obstructs LE or other govt functions -by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right. -knowingly participates

MDB

PC 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. -without legal privilege or authority, -intentionally, knowingly, or recklessly -obstructs highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit; public or substantial group of the public has access, or any other place used for passage of persons, vehicles, conveyances; regardless of the means of creating the obstruction; OR -disobeys a request/order to move by a PO, FF, or someone w/ authority to prevent obstruction or maintain public safety by dispersing those from a fire, riot, or other hazard.

MDB

PC 42.05. DISRUPTING MEETING OR PROCESSION -intent to prevent or disrupt a lawful meeting, procession, or gathering -obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance

MDB

PC 42.055. FUNERAL SERVICE DISRUPTIONS -3 hours before or 3 hours after the service -engages in picketing w/in 1,000 ft of a facility or cemetery being used for a funeral service

MDB

PC 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE. -makes a call to 9-1-1 , or requests 9-1-1 using phone, when there is not an emergency and -knowingly or intentionally remains silent; or makes abusive or harassing statements to a dispatcher. -knowingly permits another to use a phone to abuse 911

MDB

49.06. BOATING WHILE INTOXICATED -intoxicated while operating a watercraft.

MDB MIN 72 HRS

PC 37.081 FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON. - intent to deceive - knowingly - files a false statement w/ LE agency or -makes a false statement -relating to missing child or missing person

MDC

PC 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. -recklessly -taunts, torments, or strikes

MDC

PC 42.01. DISORDERLY CONDUCT -intentionally or knowingly -public place -vulgar language or offensive gesture/display and incites an immediate breach of peace -creates noxious and unreasonable odor -abuses/threatens another in an obviously offensive manner -unreasonable noise -fights w/ another -exposes anus or genitals and RECKLESS about someone being offended/alarmed -for lewd or unlawful purpose enters a property of another and looks into a window, looks into a restroom, or hotel room window

MDC

PC 42.13. USE OF LASER POINTERS. -knowingly -directs a light from a laser pointer -at a uniformed safety officer, including a peace officer, security guard, FF, EMS, or other uniformed municipal, state, or federal officer.

MDC

PC 43.22. OBSCENE DISPLAY OR DISTRIBUTION. -intentionally or knowingly -displays or distributes -an obscene photograph, drawing, or similar visual representation or other obscene material -and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.

MDC

PC 46.02. UNLAWFUL CARRYING WEAPONS. -intentionally, knowingly, or recklessly -carries location-restricted knife under 18 yoa and is not on their own premises, not inside or directly en route to their vehicle/watercraft or not with their parent/guardian

MDC

PC 47.02. GAMBLING. -makes a bet -on a game/contest or performance of participant -on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; -plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.

MDC

PC 48.01. SMOKING TOBACCO in possession of a -burning tobacco product, smokes tobacco, or operates an e-cigarette -in a facility of a school or -an elevator, -enclosed theater or -movie house, -library, -museum, -hospital, -transit system bus, -intrastate bus, plane, or train which is a public place

MDC

PC 49.02. PUBLIC INTOXICATION. -appears in a public place while intoxicated -to the degree that the person may endanger the person or another

MDC

PC 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE -knowingly -possesses an open container -in a passenger area of a vehicle located on a public highway, regardless of operated, stopped, or parked.

MDC

PC 42.105. COCKFIGHTING. -knowingly -attends as a spectator an exhibition of cockfighting.

MDC MDA w/ prev conviction

"___________ _________" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

Machine gun

"_____________" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three dimensional obscene device.

Material

"____________ ____ ______ ___________" means anyone related within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code.

Member of the family

According to PC 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR, "_________" means an individual younger than 18 years.

Minor

"_____________" means to deal with property contrary to: (A) an agreement under which the public servant holds the property; (B) a contract of employment or oath of office of a public servant; (C) a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or (D) a limited purpose for which the property is delivered or received.

Misuse

According to PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS, "_____________ food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.

Necessary

According to PC 43.251. EMPLOYMENT HARMFUL TO CHILDREN, "___________" means a child who is: (A) entirely unclothed; or (B) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the child is female, or any portion of the genitals or buttocks.

Nude

"_______________" means material or a performance that: (A) the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex; (B) depicts or describes: (i) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or (ii) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and (C) taken as a whole, lacks serious literary, artistic, political, and scientific value.

Obscene

"_____________ _______________" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.

Obscene device

According to PC 42.055. FUNERAL SERVICE DISRUPTIONS, "_______________" means: (A) standing, sitting, or repeated walking, riding, driving, or other similar action by a person displaying or carrying a banner, placard, or sign; (B) engaging in loud singing, chanting, whistling, or yelling, with or without noise amplification through a device such as a bullhorn or microphone; or (C) blocking access to a facility or cemetery being used for a funeral service.

Picketing

"_________ _________ __________" means a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider.

Police service animal

"____________" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Premises

"____________ ___________" means a place to which the public does not have access, and excludes, among other places, streets, highways, restaurants, taverns, nightclubs, schools, hospitals, and the common areas of apartment houses, hotels, motels, office buildings, transportation facilities, and shops.

Private place

According to PC 43.25. SEXUAL PERFORMANCE BY A CHILD, "_______________" with respect to a sexual performance includes any conduct that directly contributes to the creation or manufacture of the sexual performance.

Produce

"________________" means an attorney, chiropractor, physician, surgeon, private investigator, or any other person licensed, certified, or registered by a state agency that regulates a health care profession.

Professional

"____________" means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.

Profits

"________________" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.

Promote

PC 43.25. SEXUAL PERFORMANCE BY A CHILD, "____________" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.

Promote

According to PC 42.072. STALKING, "_____________" includes a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code.

Property

According to PC 43.25. SEXUAL PERFORMANCE BY A CHILD, "______________ _______________" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.

Sexual performance

According to PC 42.13. USE OF LASER POINTERS, "__________ ___________" means a device that emits a visible light amplified by the stimulated emission of radiation.

laser pointer

"____________ ____________" means a telephone directory or legal directory, newspaper or other periodical, billboard or other sign, radio or television broadcast, recorded message the public may access by dialing a telephone number, or a written communication not prohibited by Section 38.12(d).

Public media

"_____________ ___________ ________________" means a nonprofit organization that meets the following conditions: (A) the primary purposes of the organization do not include the rendition of legal services or education regarding legal services; (B) the recommending, furnishing, paying for, or educating persons regarding legal services is incidental and reasonably related to the primary purposes of the organization; (C) the organization does not derive a financial benefit from the rendition of legal services by a lawyer; and (D) the person for whom the legal services are rendered, and not the organization, is recognized as the client of a lawyer.

Qualified nonprofit organization

PC 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. -recklessly -injures -conduct likely to injure, including poison, trap, other object/substance

SJF

PC 42.08. ABUSE OF CORPSE. -without legal authority, knowingly: -disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a human corpse; -conceals a human corpse knowing it to be illegally disinterred; - sells or buys a human corpse or in any way traffics in a human corpse; -transmits or conveys, or procures to be transmitted or conveyed, a human corpse to a place outside the state; or

SJF

PC 42.105. COCKFIGHTING. -knowingly -causes a cock to fight with another cock -participates in the earnings of a cockfight;

SJF

PC 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. -intoxicated while operating a motor vehicle in a public place; and -occupied by a passenger who is younger than 15 years of age.

SJF

PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS -intentionally, knowingly, or recklessly: -fights animals -uses as lure in dog race

SJF F3 prev conviction

"___________ _____________" includes deviate sexual intercourse, sexual contact, and sexual intercourse.

Sexual conduct

According to PC 43.25. SEXUAL PERFORMANCE BY A CHILD, "____________ ___________" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

Sexual conduct

"___________ _______________" means 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.

Sexual contact

"___________ _____________" means any penetration of the female sex organ by the male sex organ.

Sexual intercourse

"___________-_________ ____________" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.

Short-barrel firearm

PC 43.25. SEXUAL PERFORMANCE BY A CHILD, "______________" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.

Simulated

According to PC 42.105. COCKFIGHTING, "__________" means a steel weapon resembling a curved knife blade designed to attach to the foot of a cock.

Slasher

"___________ ______________" means to communicate in person or by telephone with a prospective client or a member of the prospective client's family concerning professional employment within the scope of a professional's license, registration, or certification arising out of a particular occurrence or event, or series of occurrences or events, or concerning an existing problem of the prospective client within the scope of the professional's license, registration, or certification, for the purpose of providing professional services to the prospective client, when neither the person receiving the communication nor anyone acting on that person's behalf has requested the communication. The term does not include a communication initiated by a family member of the person receiving a communication, a communication by a professional who has a prior or existing professional-client relationship with the person receiving the communication, or communication by an attorney for a qualified nonprofit organization with the organization's members for the purpose of educating the organization's members to understand the law, to recognize legal problems, to make intelligent selection of legal counsel, or to use available legal services. The term does not include an advertisement by a professional through public media.

Solicit employment

"________________" means any representation of fact.

Statement

"_________ _______" means a device designed to propel darts or other projectiles attached to wires that, on contact, will deliver an electrical pulse capable of incapacitating a person.

Stun gun

PC 37.04. MATERIALITY Whether a statement is material in a given factual situation is a question of ________.

law

"_________ _____ _________" means any benefit, but does not include an unrecorded and immediate right of replay not exchangeable for value.

Thing of value

"__________ ___________ device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The term does not include a traffic control device that: (A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.

Tire deflation

"____________" means a female child clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola.

Topless

According to PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS, "___________" includes any act that causes unjustifiable pain or suffering.

Torture

"_______________ emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties.

Volunteer

"______________" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.

Watercraft

"________________ ________________" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.

Wholesale promote

"________ _________" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

Zip gun

According to PC 46.10. DEADLY WEAPON IN PENAL INSTITUTION, It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct ______________ by an employee of the penal institution.

authorized

According to PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS, It is a defense to prosecution under this section that: (1) the actor had a reasonable fear of _________ _________ to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or (2) the actor was engaged in bona fide experimentation for scientific research.

bodily injury

According to PC 42.09. CRUELTY TO LIVESTOCK ANIMALS, It is a defense to prosecution for an offense under this section that the actor was engaged in _________ ________ experimentation for scientific research.

bona fide

According to PC 42.09. CRUELTY TO LIVESTOCK ANIMALS, This section does not create a __________ ___________ of action for damages or enforcement of this section.

civil cause

According to PC 38.11. PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY, It is an affirmative defense to prosecution that the actor takes an alcoholic beverage, controlled substance, or dangerous drug into a correctional facility or civil commitment facility and is a duly authorized member of the ___________ administrating a religious ritual or ceremony requiring the presence or consumption of an alcoholic beverage; and takes _________ ____________ or less of an alcoholic beverage and personally consumes all of the alcoholic beverage or departs from the facility with any portion of the beverage not consumed.

clergy; four ounces

PC 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (a) A person commits an offense if, with the intent to establish, maintain, or participate in a ______________ 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 _______ misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor vehicle;

combination; A

PC 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (d) At the punishment stage of a trial, the defendant may raise the issue as to whether in voluntary and complete renunciation of the offense he withdrew from the ________________ before commission of an offense listed in Subsection (a) and made substantial effort to prevent the commission of the offense. If the defendant proves the issue in the affirmative by a preponderance of the evidence the offense is the same category of offense as the most serious offense listed in Subsection (a) that is committed, unless the defendant is convicted of _________________ to commit the offense, in which event the offense is one category lower than the most serious offense that the defendant conspired to commit.

combination; conspiring

According to PC 43.251. EMPLOYMENT HARMFUL TO CHILDREN, "Sexually oriented _____________ ___________" means a massage establishment, nude studio, modeling studio, love parlor, or other similar commercial enterprise the primary business of which is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer.

commercial activity

PC 37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY. Defenses to prosecution: -item is for honorary, junior peace officer or junior posse -the person was ______________ as such at the time the item was made

commissioned

According to PC 42.01. DISORDERLY CONDUCT, An act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed _________________ in the public place or near a private residence; and a noise is presumed to be unreasonable if the noise exceeds a decibel level of ________ after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

consequences; 85

According to PC 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY, ________________ to commit an offense under this section is of the same degree as the most serious offense listed in Subsection (a) that the person conspired to commit.

conspiring

"Information ___________ _____________" means any person or entity that is wholly or partly responsible for the creation or development of information provided through the Internet or any other interactive computer service.

content provider

According to PC 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER, It is a defense to prosecution under Subsection (a)[carries and intentionally displays in a. public place], (a-1)[college], (a-2)[college where prohibited], or (a-3)[premises of college where prohibited] that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or ___________ __________ under Chapter 9.

deadly force

PC 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (c) Conspiring to commit an offense under this section is of the same ____________ as the most serious offense listed in Subsection (a) that the person conspired to commit.

degree

PC 39.02. ABUSE OF OFFICIAL CAPACITY. A _____________ or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the _______________ difficulty and cost involved in recapturing the discount or award for a governmental entity.

discount; administrative

According to PC 42.14. ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT, It is an affirmative defense to prosecution under this section that the actor was using the light to send an emergency ___________ signal.

distress

According to PC 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE, "________________" means a condition or circumstance in which any individual is or is reasonably believed by the individual making a call or requesting assistance to be in fear of imminent assault or in which property is or is reasonably believed by the individual making the call or requesting assistance to be in imminent danger of damage or destruction.

emergency

According to PC 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER, It is a defense to prosecution if at the time of the offense the person was an active judicial officer, and a bailiff engaged in _____________ the judicial officer.

escorting

According to PC 42.09. CRUELTY TO LIVESTOCK ANIMALS, It is an ________________ to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful: (1) form of conduct occurring solely for the purpose of or in support of: (A) fishing, hunting, or trapping; or (B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or (2) animal ______________ or agriculture practice involving livestock animals.

exception; husbandry

According to PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS, It is an ____________ to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful: (1) form of conduct occurring solely for the purpose of or in support of: (A) fishing, hunting, or trapping; or (B) wildlife ________________, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or (2) animal husbandry or agriculture practice involving livestock animals.

exception; management

According to PC 47.02. GAMBLING, It is a defense to prosecution under this section that a person played for something of value other than money using an electronic, electromechanical, or mechanical contrivance _______________ from the definition of "gambling device" under Section 47.01(4)(B).

excluded

PC 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (a) continued... (14) any offense under Section 38.06 Escape, 38.07 Permitting or Facilitating Escape, 38.09 Implements For Escape, or 38.11 Prohibited Substances And Items In Correctional Facility; (15) any offense under Section 42.10 Dog Fighting; (16) any offense under Section 46.06(a)(1)[provides handgun knowingly to use in unlawful act] or 46.14 Firearm Smuggling; (17) any offense under Section 20.05 Smuggling Of Persons or 20.06 Continuous Smuggling Of Persons; (18) any offense under Section 16.02 Unlawful Interception, Use, Or Disclosure Of Wire, Oral, Or Electronic Communications; or (19) any offense classified as a ___________ under the Tax Code.

felony

PC 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (a) continued... (8) any __________ offense under Chapter 32 Fraud; (9) any offense under Chapter 36 Bribery and Corrupt Influence; (10) any offense under Chapter 34 Money Laundering, Ch 35 Insurance Fraud, or Ch 35A Health Care Fraud; (11) any offense under Section 37.11(a) Impersonating Public Servant ; (12) any offense under Chapter 20A Trafficking of Persons; (13) any offense under Section 37.10 Tampering with Governmental Record;

felony

PC 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (b) Except as provided in Subsections (c) and (d), an offense under this section is one category higher than the most serious offense listed in Subsection (a) that was committed, and if the most serious offense is a Class A misdemeanor, the offense is a state jail felony, except that the offense is a felony of the _________ degree punishable by imprisonment in the Texas Department of Criminal Justice for: (2) life or for any term of not more than 99 years or less than _____ ________ if the most serious offense is an offense under Section 20.06[CONTINUOUS SMUGGLING OF PERSONS] that is punishable under Subsection (g) of that section; or

first; 30 years

According to PC 42.02. RIOT, An offense under this section is an offense of the same classification as any offense of a higher grade committed by anyone engaged in the riot if the offense was: (1) in the _____________ of the purpose of the assembly; or (2) an offense which should have been _______________ as a result of the assembly.

furtherance; anticipated

According to PC 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR, It is an affirmative defense to prosecution under this section that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar ________________.

justification

According to PC 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY, It is a defense to prosecution under Subsection (a)[possesses/accesses] or (e)[promotes] that the actor is a law enforcement officer or a school administrator who: (1) possessed or accessed the visual material in _________ _________ solely as a result of an allegation of a violation of Section 43.261; (2) allowed other law enforcement or school administrative personnel to possess or access the material only as appropriate based on the allegation described by Subdivision (1); and (3) took reasonable steps to ____________ the material within an appropriate period following the allegation described by Subdivision (1).

good faith; destroy

According to PC 42.08. ABUSE OF CORPSE, "________ _________" includes: (1) any portion of a human corpse; (2) the cremated remains of a human corpse; or (3) any portion of the cremated remains of a human corpse.

human corpse

PC 37.04. MATERIALITY. No defense to prosecution that declarant mistakenly believed the statement to be _______________.

immaterial

According to PC 46.05. PROHIBITED WEAPONS, It is a defense to prosecution under this section that the actor's conduct was ______________ to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.

incidental

An item bearing an _____________ of a law enforcement agency includes an item that contains the word "police," "sheriff," "constable," or "trooper."

insignia

According to PC 43.25. SEXUAL PERFORMANCE BY A CHILD, When it becomes necessary for the purposes of this section or Section 43.26 [POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.] to determine whether a child who participated in sexual conduct was younger than 18 years of age, the court or jury may make this determination by any of the following methods: (1) personal ______________ of the child; (2) inspection of the photograph or motion picture that shows the child engaging in the sexual performance; (3) oral testimony by a witness to the sexual performance as to the age of the child based on the child's appearance at the time; (4) expert ___________ testimony based on the appearance of the child engaging in the sexual performance; or (5) any other method authorized by law or by the rules of evidence at common law.

inspection; medical

According to PC 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER, It is a defense to prosecution if at the time of the offense the person was a ___________ or justice of a federal court, an active judicial officer, or the AG of the U.S, Asst. US Attorney, Asst AG, DA, ADA, Criminal DA, Asst. Criminal DA, County Attorney, or Asst. County Attorney.

judge

PC 47.06. POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA, It is a defense to prosecution under Subsection (a) or (c) that the person owned, manufactured, transferred, or possessed the gambling device, equipment, or paraphernalia for the sole purpose of shipping it to another ______________ where the possession or use of the device, equipment, or paraphernalia was legal.

jurisdiction

According to PC 42.092. CRUELTY TO NONLIVESTOCK ANIMALS, It is a defense to prosecution under Subsection (b)(2)[w/o owner consent kills, poisons, or SBI to animal] or (6)[w/o owner consent cause BI to animal] that: (1) the animal was discovered on the person's property in the act of or after injuring or killing the person's ____________ animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or (2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with ____________ transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.

livestock; electricity

"_________" means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win anything of value, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or some other name.

lottery

According to PC 42.02. RIOT, It is ______ _____________ to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.

no defense

According to PC 38.15. INTERFERENCE WITH PUBLIC DUTIES, A presumption the actor interfered with a peace officer by disseminating personal information is ________ ____________ to a radio or TV station w/ a license from the FCC, or a weekly or free newspaper.

not applicable

PC 47.06. POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA, A district or county attorney is _______ ____________ to have a search warrant or subpoena to inspect a gambling device or gambling equipment or paraphernalia on an ocean-going vessel that enters the territorial waters of this state to call at a port in this state.

not required

According to PC 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY, "___________" means to render impassable or to render passage unreasonably inconvenient or hazardous.

obstruct

According to PC 39.03. OFFICIAL OPPRESSION, A public servant acts under color of his office or employment if he acts or purports to act in an __________ _____________ or takes advantage of such actual or purported capacity.

official capacity

According to PC 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES, This does not affect the authority of a municipality to enact an ________________ which prohibits the discharge of a firearm.

ordinance

According to PC 42.09. CRUELTY TO LIVESTOCK ANIMALS, It is a defense to prosecution that the actor tripped the horse for the purpose of identifying the _____________ of the horse or giving veterinary care to the horse.

ownership

According to PC 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE, _______________ by a person of one or more open containers in a single criminal episode is a single offense.

possession

According to PC 38.11. PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY, It is an affirmative defense to prosecution the person who possessed the alcoholic beverage, controlled substance, or dangerous drug is a ______________ at the correctional/civil commitment facility.

practitioner

According to PC 38.15. INTERFERENCE WITH PUBLIC DUTIES, The _________________ does not apply to information disseminated by: (1) a radio or television station that holds a license issued by the Federal Communications Commission; or (2) a newspaper that is: (A) a free newspaper of general circulation or qualified to publish legal notices; (B) published at least once a week; and (C) available and of interest to the general public.

presumption

According to PC 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE, It is an exception to the application that at the time of the offense the defendant was a passenger in: (1) the passenger area of a motor vehicle designed, maintained, or used _______________ for the transportation of persons for compensation, including a bus, taxicab, or limousine; or (2) the ___________ quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.

primarily; living

According to PC 47.02. GAMBLING, It is a defense to prosecution under this section that: (1) the actor engaged in gambling in a ____________ place; (2) no person received any economic benefit other than personal winnings; and (3) except for the advantage of skill or luck, the ________ of losing and the chances of winning were the same for all participants.

private; risks

PC 37.09 TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE. Defense to prosecution is that the record, document, or thing was visual material ___________ such as child pornography that was destroyed.

prohibited

promoted

According to PC 38.04. EVADING ARREST OR DETENTION, A person who is subject to prosecution under both this section and another law may be ______________ under either or both this section and the other law.

prosecuted

According to PC 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER, It is a defense to prosecution under Subsections (b) and (c)[govt meeting] that the actor is volunteer emergency services personnel engaged in ____________ emergency services.

providing

PC 42.01. DISORDERLY CONDUCT It is a defense to prosecution for an offense under Subsection (a)(7)[discharges a firearm in a public place] or (9)[discharges a firearm on or across a public road] that the person who discharged the firearm had a ______________ _________ of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.

reasonable fear

According to PC 47.02. GAMBLING, It is a defense to prosecution under this section that the actor ______________ believed that the conduct: (1) was permitted under Chapter 2001, Occupations Code; (2) was permitted under Chapter 2002, Occupations Code; (3) was permitted under Chapter 2004, Occupations Code; (4) consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466, Government Code); (5) was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or (6) consisted entirely of participation in a ______________ for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department.

reasonably; drawing

According to PC 38.15. INTERFERENCE WITH PUBLIC DUTIES, There is a ______________ ________________ that the actor interferes with a peace officer if it is shown on the trial of the offense that the actor intentionally disseminated the home address, home telephone number, emergency contact information, or social security number of the officer or a family member of the officer or any other information

rebuttable presumption

According to PC 38.15. INTERFERENCE WITH PUBLIC DUTIES, There is a _____________ presumption that the actor interferes with a peace officer if it is shown on the trial of the offense that the actor ______________ disseminated the home address, home telephone number, emergency contact information, or social security number of the officer or a family member of the officer or any other information

rebuttable; intentionally

According to PC 42.08. ABUSE OF CORPSE, It is a defense to prosecution under this section that the actor: (1) as a member or agent of a cemetery organization, removed or damaged anything that had been placed in or on any portion of the organization's cemetery in violation of the rules of the organization; or (2) ____________ anything that was placed in the cemetery in violation of the rules of the cemetery organization; or was placed in the cemetery by or with the cemetery organization's consent but that, in the organization's judgment, had become wrecked, unsightly, or dilapidated.

removed

According to PC 42.02. RIOT, It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor __________ from the assembly.

retired

According to PC 46.05. PROHIBITED WEAPONS, It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a ____________ _______________ and has received training on the use of the chemical dispensing device by a training program that is: (1) provided by the Texas Commission on Law Enforcement; or (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.

security officer

According to PC 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD, A peace officer or other person may not arrest the actor before the _____________ day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and (2) the child in ___________ the firearm caused the death of or serious injury to the child.

seventh; discharging

According to PC 39.03. OFFICIAL OPPRESSION, "_________ _______________" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.

sexual harassment

According to PC 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD, A dealer of firearms _________ post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in __________ letters not less than one inch in height: "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."

shall; block

According to PC 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE, A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, _________ issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written _______________ to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.

shall; promise

According to PC 46.05. PROHIBITED WEAPONS, It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a __________-_________ firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device ___________ to an organization, agency, or institution listed in Subsection (b).

short-barrel; available

PC 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (b) Except as provided in Subsections (c) and (d), an offense under this section is one category higher than the most serious offense listed in Subsection (a) that was committed, and if the most serious offense is a Class A misdemeanor, the offense is a state jail felony, except that the offense is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for: (1) life without parole, if the most serious offense is an aggravated sexual assault and if at the time of that offense the defendant is 18 years of age or older and: (A) the victim of the offense is younger than ______ __________ of age; (B) the victim of the offense is younger than 14 years of age and the actor commits the offense in a manner described by Section 22.021(a)(2)(A); or (C) the victim of the offense is younger than _______ years of age and suffered serious bodily injury as a result of the offense;

six years; 17

According to PC 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY, A person who possesses visual material that contains ________ or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to ____________ the material.

six; promote

According to PC 43.261. ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR, It is a defense to prosecution under Subsection (b)(2)[possesses image] that the actor: (1) did not produce or _________ the visual material; (2) possessed the visual material only after receiving the material from another minor; and (3) ____________ the visual material within a reasonable amount of time after receiving the material from another minor.

solicit; destroyed

According to PC 38.15. INTERFERENCE WITH PUBLIC DUTIES, It is a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged consisted of ___________ only.

speech

According to PC 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR, It is a defense to prosecution under this section that the actor was the ____________ of the minor at the time of the offense.

spouse

According to PC 49.02. PUBLIC INTOXICATION, It is a defense to prosecution under this section that the alcohol or other substance was administered for _____________ purposes and as a part of the person's professional medical treatment by a licensed physician.

therapeutic

According to PC 43.25. SEXUAL PERFORMANCE BY A CHILD, It is an affirmative defense to a prosecution under this section that: (1) the defendant was the spouse of the child at the time of the offense; (2) the conduct was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose; or (3) the defendant is not more than _________ __________ older than the child.

two years

According to PC 43.261. ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR, It is an affirmative defense to prosecution under this section that the visual material: (1) depicted only the actor or another minor: (A) who is not more than _______ _________ older or younger than the actor and with whom the actor had a dating relationship at the time of the offense; or (B) who was the __________ of the actor at the time of the offense; and

two years; spouse

According to PC 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION, It is no defense to prosecution that the arrest or search was ______________.

unlawful

According to PC 42.01. DISORDERLY CONDUCT, Noise arising from space flight activities, as defined by Section 100A.001, Civil Practice and Remedies Code, if lawfully conducted, does not constitute "_____________ _________" for purposes of this section.

unreasonable noise

According to PC 43.02. PROSTITUTION, It is a defense to prosecution for an offense under Subsection (a)[prostitutes] that the actor engaged in the conduct that constitutes the offense because the actor was the _____________ of conduct that constitutes an offense under Section 20A.02[trafficking] or 43.05[compelling prostitution].

victim

According to PC 38.15. INTERFERENCE WITH PUBLIC DUTIES, It is a defense to prosecution that the defendant intended to _________ a person operating a vehicle of the presence of a peace officer who was enforcing Subtitle C, Title 7, Transportation Code (Rules of the Road).

warn

PC 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (a) continued... (5-a) causing the unlawful delivery, dispensation, or distribution of a controlled substance or dangerous drug in violation of Subtitle B, Title 3, Occupations Code; (6) any unlawful ______________ promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same; (7) any offense under Subchapter B, Chapter 43, 1 depicting or involving conduct by or directed toward a child younger than _______ years of age;

wholesale; 18

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