Cclea 78 8 Reading Assigment: Penal Code

Front 1

To find a PC quickly, ask who/what has been harmed. Name the 3 title possibilities:

Back 1

1. Person = Title 5 & 6
2. Property = Title 7
3. Public decency, safety, health = Titles 8-11

Front 2

The more serious offenses, such as murder, manslaugher, & kidnapping are found at the beginning of Titles _ & _.

Back 2

5 & 6

Front 3

In some instances, the ______________ determines classification of the offense.

Back 3

seriousness of the injury

Front 4

Assault is a ______ if bodily injury is caused. If there was physical contact, but no injury, & the person regarded contact as offensive or provacative, offense is ____.

Back 4

Class A Misdemeanor
Class C Misdemeanor

Front 5

If the offense involved the family, look to Chapter ___.

Back 5

25

Front 6

If property has been damaged, ________ determines the classification of offense.

Back 6

amount of pecuniary loss

Front 7

Municipal courts have jurisdiction over offense of criminal mischief if the loss is less than $____.

Back 7

$50

Front 8

If the harm is to society as a whole:
1. If no one/nothing has been harmed, if it involves a public official, gov't operation, or witness-these are crimes against public administration. Found in Title __.

Back 8

8

Front 9

If the harm is to society as a whole:
2. If offense involved disorderly conduct or public indecency look to Title ___.

Back 9

9

Front 10

If the harm is to society as a whole:
3. If offense involved weapons, gambling, public health, or intox or alcoholic beverages, look to Title ___. This is also where PI is found.

Back 10

10

Front 11

If the harm is to society as a whole:
4. If offense involved organized crime activity, look to Title ___.

Back 11

11

Front 12

In a criminal case, the defendant does not have to prove that he or she is innocent. The State must prove the person is guilty _________, by proving each element of the offense.

Back 12

beyond a reasonable doubt

Front 13

PC Section 2.01 states that a person is not presumed guilty just because he or she has been ___, ___, or ________.

Back 13

arrested, confined, or charged with an offense.

Front 14

PC Section 1.03 states that conduct does not constitute an ____ unless it has been defined as such by statute, municipal ordinance, _______, or rule authorized by & lawfully adopted under a statute.

Back 14

offense
order of a county commissioner's court

Front 15

PC Section 6.01 states a person commits an offense only if he or she ____ engages in conduct, including an act, an ___, or possession

Back 15

voluntarily
omission

Front 16

PC Section 1.07.a.1. & 6.01.c. An act means a bodily movement, whether voluntary or involuntary, and includes _____.

Back 16

speech

Front 17

PC Section 1.07.a.39. __ means actual care, custody, control, or management.

Back 17

Possession

Front 18

A __ __ __ is the state of mind in which a person voluntarily engages in certain conduct or omits an act when there is a duty to act.

Back 18

culpable mental state

Front 19

Unless the definition of an offense does not require a culpable mental state, the person does not commit an offense unless they intentionally, ___, ___, or with ___ ___ engages in conduct as the definition of the offense requires. PC 6.02

Back 19

knowingly
recklessly
criminal negligence

Front 20

If an offense does not prescribe a culpable mental state, but one is required because the definition of the offense does not dispense of the need for a culpable mental state, __, ___, or _____ is sufficient to establish criminal responsibility. Sec. 6.02(c)

Back 20

intentionally, knowingly, or recklessly

Front 21

Offenses defined by municipal ordinances must have a culpable mental state if the offenses are punishable by a fine of more than ____. Sec. 6.02(f),

Back 21

$500

Front 22

Culpable mental states are classified according to relative degrees, from highest to lowest.
1. ___
2. ___
3. ___
4. ___

Back 22

(1) intentional
(2) knowing
(3) reckless
(4) criminal negligence

Front 23

A person acts intentionally when _________________. Sec. 6.03(a), P.C.

Back 23

it is his or her conscious objective or desire to engage in conduct or to cause the result

Front 24

A person acts knowingly when ___________________.

Back 24

he or she is aware that the conduct is reasonably certain to cause the result

Front 25

A person acts recklessly when __________. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from _______ under all the circumstances as viewed from the actor’s standpoint.

Back 25

He or she is aware of, but consciously disregards, a substantial and unjustifiable risk that the circumstances exist or the result will occur
The standard of care that an ordinary person would exercise

Front 26

A person acts with criminal negligence when ________. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from ____ under all the circumstances as viewed from the actor’s standpoint.

Back 26

He or she should be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur
The standard of care that an ordinary person would exercise

Front 27

A person commits an offense if the person specifically intends to commit the offense and does an act amounting to more than __ ___ that tends, but failed, to effect the commission of the offense intended. An offense that is attempted, but fails, is ______ than the offense attempted. Sec. 15.01, P.C.

Back 27

mere preparation
one category lower

Front 28

A person is ___ ____ if the result would not have occurred but for his or her conduct. Sec. 6.04, P.C.

Back 28

criminally responsible

Front 29

When conduct constituting an offense is performed by an ___ acting on behalf of a ___ or __ and within the scope of his or her office or employment, it is criminally responsible for the offense unless a statute plainly does not impose criminal responsibility on them. Sec. 7.22, P.C

Back 29

agent
corporation
association

Front 30

Chapter 8, P.C., contains general defenses to criminal responsibility. The defenses are _______ (6).

Back 30

insanity, mistake of fact, mistake of law, intoxication, duress, and entrapment

Front 31

Some defenses of criminal responsibility are called ____ defenses, which mean that ________.

Back 31

affirmative
the defendant must raise them

Front 32

Name the 2 affirmative defenses.

Back 32

1. Acted in reasonable reliance upon written interpretation of law
2. Was compelled by threat of imminent death or serious bodily injury to himself, herself, or another.

Front 33

Name 3 things that are not defenses to the prosecution.

Back 33

1. Acted at command/persuasion of spouse, unless under threat of imminent death, serious bodily injury to himself, herself, or another force, or threat of force;
2. Was ignorant of provisions of any law after the law has taken effect.
3. Was temporarily insane due to voluntary intoxication.

Front 34

No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by the Penal Code ___________. Sec. 1.08, P.C.

Back 34

an offense subject to a criminal penalty

Front 35

An offense in the Penal Code without specification as to punishment or category is a ____ ____ _____.

Back 35

Class C misdemeanor

Front 36

A Class A misdemeanor offense shall be punished by a fine not to exceed _____, confinement in jail for a term not to exceed _____, or both fine and confinement.

Back 36

$4,000
one year

Front 37

A Class B misdemeanor shall be punished by a fine not to exceed ____, confinement in jail for a term not to exceed _____, or both fine and confinement.

Back 37

$2,000
180 days

Front 38

A Class C misdemeanor shall be punished by a fine not to exceed _____.

Back 38

$500

Front 39

Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage. Sec. 12.03(c), P.C. Explain.

Back 39

Convicts, minors, and incompetents are regarded to be under a disability. The term is also used in a more restricted sense when it indicates a hindrance to marriage or a deficiency in legal qualifications to hold office.

Front 40

Name the 5 classes of felonies in order from highest to lowest.

Back 40

1. capital felonies
2. felonies of the first degree
3. felonies of the second degree
4. felonies of the third degree 5. state jail felonies

Front 41

Punishment for a capital felony is

Back 41

Life imprisonment or death

Front 42

Punishment for first degree felony is

Back 42

imprisonment for up to 99 years but not less than five years and may also include a fine not to exceed $10,000

Front 43

Punishment for second degree felony is

Back 43

imprisonment for up to 20 years but not less than two years and may also include a fine not to exceed $10,000

Front 44

Punishment for a third degree felony is

Back 44

imprisonment for up to 10 years but not less than two years and may also include a fine not to exceed $10,000

Front 45

Punishment for a state jail felony is

Back 45

confinement in a state jail for not more than two years but not less than 180 days and may include a fine not to exceed $10,000

Front 46

Section 12.41, P.C. Classification of offenses outside PC. If imprisonment in penitentiary is affixed, the offense is a felony of the ____ degree. If offense isn't a felony & jail is affixed the offense is a Class __ misdemeanor. If offense is fine only, it's a Class __ misdemeanor.

Back 46

third
B
C

Front 47

If a corporation or association is guilty of offense that w/fine only, court may _________, not to exceed the fine provided by the offenses. Sec. 12.51(a), P.C.

Back 47

sentence them to pay a fine in an amount fixed by the court

Front 48

If a corporation or association is found guilty of an offense including imprisonment or provides no specific penalty, court may sentence them to _______.

Back 48

pay a fine in an amount fixed by the court

Front 49

Corporate/association fine limit for felonies is;

Back 49

$20,000 if the offense is a felony of any category (if the court finds they gained money or property or caused personal injury or death, property damage, or other loss, the court may require fine not to exceed double the amount gained or caused, whichever is greater);

Front 50

Corporate/association fine limit for Class A or B misdemeanors is;

Back 50

$10,000 if the offense is a Class A or a Class B misdemeanor (if the court finds they gained money or property or caused personal injury or death, property damage, or other loss, the court may require fine not to exceed double the amount gained or caused, whichever is greater);

Front 51

Corporate/association fine limit for Class C misdemeanors is;

Back 51

$2,000 if the offense is a Class C misdemeanor

Front 52

Corporate/association fine limit for felony or Class A misdemeanor when an individual suffers serious bodily injury or death

Back 52

$50,000

Front 53

Court may require a corporation or association to ______ to any person the court deems appropriate. On conviction of a corporation or association, the court shall notify the _______ of that fact.

Back 53

give notice of the conviction
Texas Attorney General

Front 54

Section 8.07, P.C., describes the age a person must be before facing prosecution in a criminal court. A person may not be prosecuted for or convicted of any offense that he or she committed when younger than 15 years of age except for:

Back 54

1. Perjury/aggravated perjury
2. Certain traffic offenses
3. Misdemeanor punishable by fine only
4. Violation of a PC of a political subdivision
5. Violation of a PC that's a lesser included offense of a capital felony, an aggravated controlled substance felony, or a felony of the first degree & person is transferred to court under Section 54.02, F.C., for prosecution if the person committed the offense when 14 yoa or older.

Front 55

Subsection (c) of Section 8.07, P.C., provides that no person in any case can be punished by ____ for an offense committed while he or she was younger than ___ years of age.

Back 55

death
17

Front 56

The elements of an offense include the following: (4)

Back 56

• the forbidden conduct;
• the required culpability;
• the required result; and
• the negation of any exception to the offense.

Front 57

In a municipal court, the offense must________ to give them jurisdiction. Art. 4.019, C.C.P.

Back 57

have occurred in the city

Front 58

Some crimes must be committed in a __ ___ & wouldn't be a crime if committed in a private residence. Ex: Disorderly conduct–vulgar language.

Back 58

public place

Front 59

The statute of limitations, Article 12.02, C.C.P., provides that the filing of the misdemeanor offense must occur within ___ years from the date that the offense was committed.

Back 59

two

Front 60

Every officer should be familiar with Chapter ___, Abuse of Office. Governs conduct that specifically applies to public servants. Officers are public servants & need to be aware of the trust that the public has of a person working in such a position.

Back 60

39
Section 39.02, Abuse of Official Capacity, specifically addresses the violation of laws relating to the public servant’s office or employment.

Front 61

Police officers must be careful not to deny or impede the exercise of any rights of defendants. To do so would be considered ___ ____, an offense that is a _____.

Back 61

official oppression
Class A misdemeanor