Cclea 78 8 Reading Assigment: Penal Code-Structure

Front 1

The Tx Penal Code is a collection of statues defining ____ ____ & setting ____.

Back 1

Criminal offenses
Penalties

Front 2

Texas has had Penal Code since the late _____'s.

Back 2

1880's

Front 3

In ____, the criminal offenses were gathered into a Penal Code that was used until ___.

Back 3

1925-1973

Front 4

The format set out in the ____ version of Penal Code has remained unchanged by the Legislature, though some offenses have been modified, repealed, or added.

Back 4

1973

Front 5

6 objectives of Penal Code are:

Back 5

1. Ensure public safety through deterrence, rehab., & punishment 2. Define/grade offenses so citizens know rules 3. Define punishments for offense 4. Safeguard innocent conduct 5. Guide LE Officials 6. Make criminal laws apply equally

Front 6

Penal Code is divided into ___ titles that are further divided into chapters, subchapters, and sections.

Back 6

11

Front 7

Each Penal Code generally contains what 5 elements (in order)?

Back 7

1. Offenses
2. Definitions
3. Procedures
4. Defenses
5. Exceptions

Front 8

Title 1 =

Back 8

Introductory Provisions

Front 9

Title 1 Ch 1 =

Back 9

Objectives of PC, territorial jurisdicution concerning where offenses are committed in order to be prosecuted in Tx, code construction, basic definitions of terms

Front 10

Title 1 Ch 2 =

Back 10

Burdens of proof & exceptions, defenses, and affirmative defenses to offenses, presumptions used in prosecutions

Front 11

Title 1 Ch 3

Back 11

Defines "criminal episode" & sets for sentencing provisions for an accused found guilty of more than 1 offense arising out of an episode.

Front 12

Title 2

Back 12

General Principles of Criminal Responsibility

Front 13

Title 2 Ch 6

Back 13

Defines the criminal intent necessary for commision of criminal acts.

Front 14

Title 2 Ch 7

Back 14

Outlines ways in which 1 person may be responsible for criminal acts of antoher & includes provisions related to corporate responsibility.

Front 15

Title 2 Ch 8

Back 15

Contains general defenses to criminal responsibility, such as insanity, intoxication, duress, entrapment, or age.

Front 16

Title 2 Ch 9

Back 16

Lists justifications for criminal acts; including public duty, necessity, self defense, defense of another person, defense of property & amount of force that can be used by officers, parents, educators, or guardians.

Front 17

Title 3

Back 17

Punishments

Front 18

Title 3 Ch 12 Sub A

Back 18

Classifies offenses by felony (1st, 2nd, 3rd, state jail) or misdemeanor (Class A, B, or C)

Front 19

Title 3 Ch 12 Sub B

Back 19

Ordinary misdemeanor punishments

Front 20

Title 3 Ch 12 Sub C

Back 20

Details felony punishments

Front 21

Title 3 Ch 12 Sub D

Back 21

Classifies offenses outside PC & defines exceptional sentences for repeat/habitual offenders.

Front 22

Title 3 Ch 12 Sub E

Back 22

Punishments available when a corporation or association has been found guilty of an offense.

Front 23

Title 4

Back 23

Inchoate offenses

Front 24

Title 4 Ch 15

Back 24

Defines criminal attempt, conspiracy, & solicitation. Provides renunciation defense.

Front 25

Title 4 Ch 16

Back 25

Defines offenses related to unlawful telephone interceptions, pen registers, or telephone taps.

Front 26

Title 5

Back 26

Offenses Against the Person

Front 27

Title 5 Ch 19

Back 27

Defines homicide offenses, including capital murder, murder, manslaughter, or criminally negligent homicide.

Front 28

Title 5 Ch 20

Back 28

Defines kidnapping & false imprisonment

Front 29

Title 5 Ch 21

Back 29

Defines sexual offenses such as homosexuality(declared unconstitutional 2003), public lewdness, indecent exposure, & indecency with a child.

Front 30

Title 5 Ch 22

Back 30

Defines assualtive offenses that result in injury but not death. Including assault, sexual assault, assault on officer/child/elderly, endangering or abandoning child, deadly conduct, terroristic threat, aiding suicide, tampering w/consumer products, & leaving child in a vehicle.

Front 31

Title 6

Back 31

Offenses against the family

Front 32

Title 6 Ch 25

Back 32

Defines offenses such as bigamy, incest, interference w/child custody, sale of a child, & harboring a runaway.

Front 33

Title 7

Back 33

Offenses against property

Front 34

Title 7 Ch 28

Back 34

Arson, criminal mischief, reckless damage of property, interference w/railroad property, & graffiti.

Front 35

Title 7 Ch 29

Back 35

Defines Robbery

Front 36

Title 7 Ch 30

Back 36

Defines burglary of habitation,building, vehicle, coin operated or collection machine, & criminal trespass.

Front 37

Title 7 Ch 31

Back 37

Theft offenses; including theft of services or trade secrets, UUMV, theft of cable service, theft by appropriation or worthless check. Value of property determines grade of offense/punishment.

Front 38

Title 7 Ch 32

Back 38

Defines offenses of fraud, which include forgery, credit card abuse, IBC, & commercial bribery.

Front 39

Title 7 Ch 33

Back 39

Defines computer crimes

Front 40

Title 7 Ch 33A

Back 40

Defines telecommunication crimes

Front 41

Title 7 Ch 34

Back 41

Defines money laundering crimes

Front 42

Title 7 Ch 35

Back 42

Defines insurance fraud

Front 43

Title 8

Back 43

Offenses against public administration

Front 44

Title 8 Ch 36

Back 44

Concerns bribery offenses & includes coercion of public servants or voters, improper influence, tampering w/a witness, obstruction or retaliation, acceptance of honorarium, & gifts to public servants.

Front 45

Title 8 Ch 37

Back 45

Defines perjury & falsification offenses including knowingly tampering w/or making false entry in gov't record, false report to officer, fraudulent filing of financial statements, impersonating a public servant, & false identification as a peace officer.

Front 46

Title 8 Ch 38

Back 46

Provisions relation to obstructing a gov't operation; such as fail to ID, resisting/evading arrest, escape, bail jumping & FTA, barratry, hindering proceedings by disorderly conduct, interference w/public duties, & preventing execution of civil process.

Front 47

Title 8 Ch 39

Back 47

Involves abuses of office, such as official misconduct or oppression & misuse of official info.

Front 48

Title 9

Back 48

Offenses against public order & decency

Front 49

Title 9 Ch 42

Back 49

Includes offenses of disorderly conduct, riot, obstruction a hwy, false alarm, silent/abusive calls to 911, harassment, stalking, abuse of corpse, cruelty to animals, dog fighting, destruction of flag, & discharge of firearm in certain municipalities.

Front 50

Title 9 Ch 43

Back 50

Contains offenses related to public indecency. Includes prostitution, obscenity, display or distribution of obscene material, sexual performance by a child, possession of child porn.

Front 51

Title 10

Back 51

Offenses against public health, safety, & morals

Front 52

Title 10 Ch 46

Back 52

Contains offenses such as unlawfully carrying a weapon, hoax bombs, making firearms accessible to a child

Front 53

Title 10 Ch 47

Back 53

Contains offenses of gambling & gambling paraphenalia.

Front 54

Title 10 Ch 48

Back 54

Contains smoking offenses.

Front 55

Title 10 Ch 49

Back 55

Contains offenses related to intox & other alcoholic beverage offenses including PI, consumption or possession of alcoholic beverage in vehicle, driving/flying/boating intox, & intox assault & manslaughter.

Front 56

Title 11

Back 56

Organized Crime

Front 57

Title 11 Ch 71

Back 57

Creates & provides defenses for the offense of engating in organized criminal activity.