Cclea 78 8 Reading Assigment: Penal Code-Definitions

Front 1

Renunciation means ____.

Back 1

Attempts to commit an offense but abandons the attempt & reounces the effort before the offense is actually committed.

Front 2

What is a pen register?

Back 2

A pen register is an electronic device that records all numbers dialed from a particular phone line. Term has come to include any device or program that performs similar functions to an original pen register, including programs monitoring Internet communications.

Front 3

Barratry means

Back 3

Persistently instigating lawsuits, often groundless

Front 4

General definitions are listed in section ____, which includes 48 definitions.

Back 4

PC 1.07

Front 5

Act

Back 5

a bodily movement, whether voluntary or involuntary, & includes speech.

Front 6

Actor

Back 6

a person whose criminal responsibility is in issue in a criminal action. Whenever the term suspect is used in this code, it means actor.

Front 7

Agency

Back 7

includes authority, board, bureau, commission, committee, council, department, district, division, & office.

Front 8

Alcoholic beverage

Back 8

has the meaning assiged by section 1.04 of Alcoholic Beverage Code. (Alcohol, or any beverage containing more than 1/2 of 1% of alc by volume, which is capable of bieng used for beverage purposes, either alone or when diluted.

Front 9

Another

Back 9

means a person other than the actor.

Front 10

Association

Back 10

means a gov't or other governmental subdivision or agency, trust, partnership, or 2 or more persons having a joint or common economic interest.

Front 11

Benefit

Back 11

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

Front 12

Bodily injury

Back 12

means phsyical pain, illness, or any impairment of physical condition.

Front 13

Coercion

Back 13

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

Front 14

Conduct

Back 14

act or ommission & its accompanying mental state.

Front 15

Consent

Back 15

assent in fact, whether express or apparent.

Front 16

Corporation

Back 16

includes non-profit corp., professional associations created pursuant to statute,& joint stock companies.

Front 17

Correctional Facility

Back 17

a place designated by law for confinement of a person arrested/charged/convicted of a criminal offense. The term includes municipal or county jail, a confinement facility operated by or under contract w/TDCJ, or a community corrections facility operated by a community & corrections dept.

Front 18

Effective Consent

Back 18

includes consent by a person legally authorized to act for the owner. Consent is not effective if induced by force/threat/fraud; given by person actor knows & isn't legally authorized to act; given by person who by reason of youth, mental disease/defect, or intox is known by actor to be unable to make reasonable decisions; or given solely to detect the commmission of an offense.

Front 19

Inchoate means _____.

Back 19

Offense that is attempted & not completed.
Webster definition:
1. In an initial or early stage; incipient.
2. Imperfectly formed or developed:

Front 20

Element of an offense

Back 20

forbidden conduct, the required culpability, the required result, & the negation of any exception to the offense.

Front 21

Government

Back 21

the state, a county, municipality, or political subdivision of the state; or any branch or agency of the state, a county, municipality, or political subdivision.

Front 22

Harm

Back 22

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

Front 23

Law

Back 23

means the constitution of a statue of this State or of the US, a written opinion of a court of record, a municipal ordinance, an order of a county commissioner's court, or a rule authorized by & lawfully adopted under a statute.

Front 24

Misdemeanor

Back 24

means an offense so designed by law to be punishable by fine, by confinement in jail, or both.

Front 25

Oath

Back 25

includes affirmation

Front 26

Official proceeding

Back 26

means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.

Front 27

Omission

Back 27

means failure to act.

Front 28

Owner

Back 28

means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or is a holder in due course of a negotiable instrument.

Front 29

Peace Officer

Back 29

means a person elected, employed, or appointed as a peace officer under Article 2.12 of CCP, Section 51.212 or 51.214 of the Education Code, or other law.

Front 30

Person

Back 30

means individual, corporation, or association.

Front 31

Possession

Back 31

means actual care, custody, control, or management.

Front 32

Public Place

Back 32

means any place which the public or a substantial group of the public has access & includes, but is not limited to streets & highways or the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, & shops.

Front 33

Public Servant

Back 33

means a person who is elected, selected, appointed, employed, or otherwise designated as one of the following, even if they have not yet qualified for office or assumed duties: officer/employee/agent of gov't, juror/grand juror, arbitrator/referee auth. by law or private agreement, attorney/notary republic participating in gov't function, public office candidate, person performing gov't function under claim of right though not legally qualified.

Front 34

Reasonable belief

Back 34

means a belief that would be held by an ordinary & prudent person in the same circumstances as the actor.

Front 35

Serious bodily injury

Back 35

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

Front 36

Swear

Back 36

includes affirm

Front 37

Unlawful

Back 37

means not authorized by law; illegal; criminally punishable. Criminal or tortuous or both & includes what would be criminal or tortuous but for a defense not amounting to justification or privilege.

Front 38

agent

Back 38

means a director, officer, employee, or other person authorized to act on behalf of a corporation or association. Sec. 7.21, P.C.