Alli's Set

Front 1

TPC § 22.04 Injury to Child, Elderly Individual, or Disabled Individual (Elements)

Back 1

1) I, K, R, or N causes to a child (14 or below), elderly individual (65 or older), or disabled individual (substantially unable to protect himself from harm)

2) serious bodily injury;

3) serious mental deficiency, impairment, or injury; or

4) bodily injury

Front 2

TPC § 22.04 Injury to Child, Elderly Individual, or Disabled Individual (Duties)

Back 2

Legal/Statutory Duty to Act if:

1) assume care, custody, or control; or

2) owns, operates, or works at an institutional facility

Front 3

TPC § 22.04 Injury to Child, Elderly Individual, or Disabled Individual (Defenses)

Back 3

Defense to Prosecution if:

1) notified victim or parents they could no longer provide care

2) reasonable medical care by licensed physician

3) act in accordance with practices of recognized religious method of healing

Front 4

TPC § 22.04 Injury to Child, Elderly Individual, or Disabled Individual (Penalties)

Back 4

Ranges from 1st Degree Felony --> State Jail Felony

Front 5

TPC § 22.05 Deadly Conduct

Back 5

1) Rly engages in conduct that places another in imminent danger of SBI; OR

2) Kly discharges a firearm at or in the direction of:

one or more individuals;

a habitation, building, or vehicle and is reckless as to whether it is occupied;

3) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another (whether or not the actor believed the firearm to be loaded)

1) --> Class A Misdemeanor
2) --> 3rd Degree Felony

Front 6

TPC § 29.01 Robbery Definitions

Back 6

"In the course of committing theft" - conduct that occurs in an attempt to commit, during the commission, or in immediate flight after attempt or commission

"Property" - A) tangible or intangible personal property including anything severed from land; or B) a document, including money, that represents or embodies anything of value

Front 7

TPC § 29.02 Robbery

Back 7

In the course of committing theft (unlawfully appropriates property w/ intent to deprive owner and maintain control)

1) I K or R causes BI to another or
2) I or K threatens or places another in fear of imminent bodily injury or death

* 2nd Degree Felony

Front 8

TPC § 29.03 Aggravated Robbery

Back 8

Robbery (unlawfully appropriates property w/ intent to deprive AND causes or threatens BI) and...

1) causes SBI to another

2) uses or exhibits a deadly weapon; or

3) causes BI or threatens or places another in fear of imminent BI or death IF person is:

65 years and up or disabled

* 1st Degree Felony

Front 9

Common Law - Larceny (p.203)

Back 9

1) Trespassory

2) Taking

3) Carrying away/asportation

4) TPP of another

5) With intent to permanently deprive

Front 10

Common Law - Larceny by Trick (p.204)

Back 10

1) Trespassory Taking, Carrying away/asportation the TPP of another with intent to permanently deprive

2) Obtain possession, NOT title

Front 11

Common Law - Larceny by False Pretenses (p.215)

Back 11

1) Trespassory Taking, Carrying away/asportation the TPP of another with intent to permanently deprive

2) obtain possession AND title

3) TPP of another

4) based upon reliance by owner

5) upon knowing misrepresentation of material past or present fact

6) with intent to defraud

Front 12

Common Law - Embezzlement (p.224)

Back 12

1) obtain lawful possession

2) via trust relationship

3) TPP of another

4) fraudulently (mental state at time of conversion)

5) convert to own use

Front 13

TPC §31.03 Theft

Back 13

1) Unlawfully

2) Appropriates

3) Property

4) With intent to deprive owner

Front 14

Common Law - Robbery (p.248)

Back 14

1) Trespassory Taking, Carrying away/asportation the TPP of another with intent to permanently deprive (Larceny)

2) Taking from person or in presence of victim

3) By force or threat of imminent use of force

Front 15

TPC § 30.02 Burglary

Back 15

1) enters a building or habitation (or not open to the public) (or remains concealed) with the intent to commit a felony, theft, or assault

*State Jail Felony (if building other than habitation) --> 1st Degree Felony (entered habitation committing a felony other than felony theft)

Front 16

TPC § 30.04 Burglary of Vehicles

Back 16

1) w/out effective consent of owner, breaks into or enters a vehicle with intent to commit any felony or theft

"Vehicle" includes railcar (defense if you are employee)

Front 17

TPC § 31.01 Theft Definitions

Back 17

Deception - creating or failing to correct a false impression of law or fact, or withholding information

Deprive - to withhold property from the owner permanently or for so extended period of time that a major portion of the value or enjoyment of the property is lost to the owner;
to restore property only upon payment of reward;
to dispose of property in a manner that makes recovery by owner unlikely

Effective Consent - given by a person legally authorized to act for owner (NOT effective if induced by deception/coercion, drunk/young/old, or given solely to detect the commission of an offense)

Appropriate - to bring about a transfer or purported transfer of title to or acquire/otherwise exercise control over property other than real property

Property - tangible or intangible, represents or embodies anything of value

Steal - to acquire property or service by theft

Front 18

TPC § 31.02 Consolidation of Theft Offenses

Back 18

theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check

embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property

Front 19

TPC § 31.06 Presumption for Theft by Check

Back 19

NOT a criminal offense - allows you to presume intent

writing check w/out sufficient funds (intent of theft presumed) if:

a) he had not account with the bank at time

b) payment was refused by bank within 30 days and issuer failed to pay holder within 10 days after notice

Front 20

TPC § 31.04 Theft of Service

Back 20

1) I or K secures performance of the service by deception, threat, or false token;

2) having control over the disposition of services of another to which the actor is not entitled, I or K diverts services to the actor's own benefit or one not entitled to the services;

3) having control of personal property under a written agreement, holds property beyond expiration of the rental period w/out effective consent from owner;

4) I or K secures performance of the service by agreeing to provide compensation and failing to make payment after receiving notice demanding payment

Front 21

TPC § 31.04 Theft of Service (when intent to avoid payment is presumed)

Back 21

1) actor left without paying for service

2) didn't pay within specified time period

3) failure to return rental under terms of agreement

Front 22

TPC § 31.07 Unauthorized Use of a Vehicle

Back 22

1) I or K operates another's boat, airplane, or motor-propelled vehicle w/out the effective consent of the owner

*State Jail Felony*

Front 23

TPC § 31.10 Actor's Interest in Property

Back 23

NO Defense that actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property

Front 24

TPC § 32.01 Fraud Definitions

Back 24

Financial Institution - bank, trust company...any other organization held out to the public as a place for deposit of funds or medium of savings or collective investment

Property - tangible or intangible, represents or embodies anything of value

Steal - to acquire property or service by theft.

Front 25

TPC § 32.41 Issuance of Bad Check

Back 25

1) issues or passes a check knowing that the issuer does not have sufficient funds

*issuer's knowledge of insufficient funds is presumed if:

a) he had no account with the bank at time

b) payment was refused by bank within 30 days and issuer failed to pay holder within 10 days after notice

Front 26

TPC § 32.45 Misapplication of Fiduciary Property or Property of Financial Institution

Back 26

I K or R misapplies property he holds as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property

Class C Misdemeanor --> 1st Degree Felony (depending on value of property misapplied)

Front 27

TPC § 32.45 Misapplication of Fiduciary Property or Property of Financial Institution (Definitions)

Back 27

Fiduciary - trustee, guardian, administrator, executor, conservator, and receiver

Misapply - deal with property contrary to:
A) an agreement under which the fiduciary holds the property; or
B) a law prescribing the custody or disposition of the property