Family Violence

Front 1

Any peace officer may arrest, without warrant:
persons found in ____________ and ____________ which reasonably show that such persons have been guilty of some felony, violation of Title 9, chapter 42, penal code, breach of the peace, or offense under section 49.02, penal code, or threaten, or are about to commit some offense against the laws.

Back 1

suspicious places - under circumstances

Front 2

Any peace officer may arrest, without warrant:
persons who the peace officer has probable cause to believe have committed an ________________________ and the peace officer has probable cause to believe that there is danger of further bodily injury to that person.

Back 2

assault resulting in bodily injury to another person

Front 3

Any peace officer may arrest, without warrant:
persons who the peace officer ______________ to believe have committed an offense defined by section 25.07 penal code (Violation of Protective order) if the offense is not committed in the presence of the peace officer

Back 3

has probable cause

Front 4

Any peace officer may arrest, without warrant:
persons who the peace officer_____________ cause to believe have committed an offense involving family violence

Back 4

has probable cause

Front 5

Any peace officer may arrest, without warrant:
persons who the peace officer _____________ to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency

Back 5

has probable cause

Front 6

Any peace officer may arrest, without warrant:
A person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 (Statement voluntarily made) and __________________ to believe that the person has committed a felony.

Back 6

establishes probable cause

Front 7

1. persons, county, and date
2. Intentional or Knowingly
3. Causes the death of an individual
4. By _____________ (means)

Back 7

Intentional or Knowingly Murder
1st degree

Front 8

1. persons, county, and date
2. intending to cause serious bodily injury to any individual
3. Commits and act clearly dangerous to human life
4. Such act causing the death of an individual

Back 8

Murder while intentionally causing injury
1st degree

Front 9

1. persons, county, and date
2. Intentional or Knowingly
3. Commits or attempts to commit an act clearly dangerous to human life
4. Which act or attempt was in the course of, in furtherance of, or in flight from the commission or attempted commission of a felony and
5. Act or attempt causes the death of an individual

Back 9

Murder in Commission of a Felony
1st degree

Front 10

1. persons, county, and date
2. Recklessly
3. Causes the death of an individual

Back 10

Manslaughter
2st degree

Front 11

1. persons, county, and date
2. By criminal negligence
3. Causes the death of an individual

Back 11

Criminally Negligent Homicide
State Jail Felony

Front 12

1. persons, county, and date
2. Intentionally, knowingly, or recklessly
3. Causes bodily injury to another, including actor's spouse

Back 12

Assault
Class A Misdemeanor

Front 13

1. persons, county, and date
2. Intentionally, knowingly, or recklessly
3. Causes bodily injury to another, including actor's spouse

committed against a public servant -- or --
has been previously convicted of family violence -- or --
a family violence and the victim is choked or suffocated. -- or --
a security officer performing his duty -- or --
jailer performing there duty -- or --
EMT including official volunteers

Back 13

Assault
3rd degree felony

Front 14

1. persons, county, and date
2. Intentionally, knowingly
3. threatens another, including actor's spouse
4. with imminent bodily injury

Back 14

Assault by Threat
Class C Misdemeanor

Front 15

1. persons, county, and date
2. Intentionally, knowingly
3. causes physical contact with another
4. when actor knows or should reasonably believe that the other will regard contact as offensive or provocative

Back 15

Assault by Contact
Class C Misdemeanor

Front 16

1. persons, county, and date
2. Intentionally, knowingly
3. causes physical contact with another
4. when actor knows or should reasonably believe that the other will regard contact as offensive or provocative

5. the victim is a sports participant and the actor is not or in retaliation

Back 16

Assault by Contact
Class B Misdemeanor

Front 17

1. persons, county, and date
2. Intentionally, knowingly
3. causes physical contact with another
4. when actor knows or should reasonably believe that the other will regard contact as offensive or provocative

5. the victim is over 65 years of age or disabled.

Back 17

Assault by Contact
Class A Misdemeanor

Front 18

1. person, county, and date
2. Intentionally or Knowingly
3. by any means
4. causes the penetration of mouth, anus, or female sexual organ
OR
4. causes the sexual organ of another person to contact or penetrate the mouth, anus, or sexual organ of another person including the actor
5. of another person
6. without the other person's consent
OR
6. Victim is under 17 years of age who is not the spouse of the actor.

Back 18

Sexual Assault
2nd Degree Felony

Front 19

1. Elements of sexual assault
2. Actor causes serious bodily injury or attempts to cause the death
3. of the victim or another person
4. in the course of the same criminal episode.

Back 19

Aggravated Sexual Assault
Serious Bodily Injury
1st degree felony

Front 20

1. Elements of sexual assault
2. Actor by acts or words
3. Places the victim in fear that death, serious bodily injury, or kidnapping
4. will be imminently inflicted on any person.

Back 20

Aggravated Sexual Assault
Places Victim in Fear
1st degree felony

Front 21

1. Elements of sexual assault
2. Actor by acts or words occurring in the presence of the victim
3. Threatens to cause the death, serious bodily injury, or kidnapping of anyone.

Back 21

Aggravated Sexual Assault
Deadly Threats
1st degree felony

Front 22

1. Elements of sexual assault
2. Actor uses or exhibits a deadly weapon
3. In the course of the same criminal episode.

Back 22

Aggravated Sexual Assault
Deadly Weapon
1st degree felony

Front 23

1. Elements of sexual assault
2. Acts in concert with another who commits sexual assault against the same victim and during the same criminal episode.

Back 23

Aggravated Sexual Assault
Acts in Concert
1st degree felony

Front 24

1. Elements of sexual assault
2. Administers or provides rohypnol or gamma flunitrazepam to a victim

Back 24

Aggravated Sexual Assault
Drugging Victim
1st degree felony

Front 25

1. Elements of sexual assault
2. Victim is under 14 years of age

Back 25

Aggravated Sexual Assault
Child under 14 years of age
1st degree felony

Front 26

1. Elements of sexual assault
2. Victim is 65 years of age or older

Back 26

Aggravated Sexual Assault
Person 65 years or older
1st degree felony

Front 27

1. Elements of sexual assault
2. person is over 14 years of age and disabled

Back 27

Aggravated Sexual Assault
Disabled Person
1st degree felony

Front 28

1. Person, country, and date
2. Knowingly, intentionally, recklessly, or with criminal negligence
3. by act or omission
4. Causes (one of the following)
a. serious bodily injury
b. serious mental deficiency, impairment or injury
c. bodily injury
5. to (one of the following)
a. A child under 15 years of age
b. An elderly individual over 64 years of age
c. A disable individual older than 14 years who is unable to protect them selves from harm or provide food, shelter, or medical care for them selves by reason of (one of the following)
1) age
2) physical disease, defect or injury
3) mental disease, defect or injury

Back 28

Injury to a child, elderly person or disabled individual
1st degree felony to state jail felony

Front 29

1. Person, country, and date
2. Intentionally or Knowingly
3. Abducts another person
4. with intent to prevent victim's liberation by (one of the following)
a. secreting or holding victim in a place where victim is not likely to be found
b. using or threatening to use deadly force.

Back 29

Kidnapping
3rd degree felony

Front 30

1. Elements of Kidnapping
2. with intent to (one of the following)
a. hold victim for ransom or reward
b. use victim as a shield or hostage
c. facilitate the commission of a felony or flight after attempt or commission of a felony
d. inflict bodily injury on victim or violate or abuse victim sexually
e. interfere with the performance of any governmental or political function
f. Terrorize him/her or a third person
OR
5. Exhibits a deadly weapon

Back 30

Aggravated Kidnapping
1rd degree felony

Front 31

1. person, county, and date
2. Intentionally or Knowingly
3. Restrains another person by (one of the following)
a. force, intimidation, or deception
b. any means, including acquiescence of the victim, if victim is less than 14 or an incompetent person and the parent, guardian, person, or institution acting loco parentis has not acquiesced in the movement or confinement, or
c. victim is 14 but less than 17, taken out of the state, and more than 120 miles away from home without consent of parents

Back 31

Unlawful Restraint
Class A Misdemeanor

Front 32

1. Elements of Unlawful Restraint Plus:
2. Victim is a child under 17 years of age.

Back 32

Unlawful Restraint
State Jail Felony

Front 33

1. Elements of Unlawful Restraint Plus:
2. Recklessly exposes a victim
3. one of the following:
a. to a substantial risk of serious bodily injury, or
b. a victim is a public servant who is discharging his duty
OR
c. victim is in custody

Back 33

Unlawful Restraint
3rd degree felony

Front 34

1. person, count, and date
2. recklessly engages in conduct
3. placing another in imminent danger
4. serious bodily injury

Back 34

Deadly conduct
Class A Misdemeanor

Front 35

1. person, county, and date
2. knowingly
3. discharges a firearm in the direction of (one of the following):
a. one or more individuals
b. habitation
c. building
d. vehicle
4. Actor is reckless as whether habitation, building, or vehicle is occupied

Back 35

Deadly conduct
3rd degree felony

Front 36

1. person, county, and date
2. Intentionally or knowingly
3. Threatens to commit an offense involving violence
4. to any person or property
5. with intent to (one of the following):
a. cause a reaction by an official or volunteer agency organized to deal with emergencies
b. place any person in fear of imminent serious bodily injury
c. prevent or interrupt the occupation of use of a building,
d. cause impairment or interruption of public communications, transportation, water, sewer, or other public service
e. place the public or a substantial group in fear of serious bodily injury
f. Influence the conduct or activities of any part of government.

Back 36

Terroristic Threat
Class A Misdemeanor

Front 37

1. persons, county, and date
2. intentionally or knowingly
3. harms or threatens to harm another
4. by an unlawful act
5. (one of the following):
a. in retaliation or on account of service or status as a public servant, witness, informant, or person who has or intends to report a crime.
b. to prevent or delay the service of a public servant, witness, informant, or person who has or intends to report a crime.

Back 37

Obstruction or Retaliation
3rd degree felony

Front 38

1. person, county, and date
2. intentionally
3. with intent to harass, annoy, alarm, abuse, torment, or embarrass another.
4. initiates communication by telephone or in writing
5. with another person
6. and in the course of communication makes an obscene comment, request, suggestion, or proposal

Back 38

Harassment (Obscene)
Class B Misdemeanor

Front 39

1. Elements of Harassment (Obscene)
2. by telephone or in writing
3. in a manner likely to alarm another person
4. threatens to inflict serious bodily injury to or commit a felony against
5. another person, their family member, or their property

Back 39

Harassment (Threat)
Class B Misdemeanor

Front 40

1. Elements of Harassment (Obscene)
2. conveys a report
3. which he/she knows is false
4. that a person has suffered death or serious injury
5. in a manner reasonable likely to alarm the person receiving it

Back 40

Harassment (False Alarm)
Class B Misdemeanor

Front 41

1. Elements of Harassment (Obscene)
2. does (one of the following)
a. causes the telephone of another ring repeatedly
b. makes repeated telephone communications anonymously or in a manner reasonable likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.

Back 41

Harassment (Telephone)
Class B Misdemeanor

Front 42

1. Elements of Harassment (Obscene)
2. makes a telephone call
3. intentionally failing to hang up or disengage the connection

Back 42

Harassment (failing to hang up)
Class B Misdemeanor

Front 43

1. Elements of Harassment (Obscene)
2. knowingly
3. permits a telephone under his/her control
4. to be used by a person
5 to commit any offense under this section

Back 43

Harassment (use by another)
Class B Misdemeanor

Front 44

1. person, county, and date
2. who has been convicted of a felony
3. intentionally or knowingly
4. possesses a firearm
5. (one of the following):
a. anywhere within 5 years of person's release
b. away from home more than 5 years after person's release

Back 44

Unlawful possession of a firearm
(by a felon)
3rd degree felony

Front 45

1. person, county, and date
2. who has been convicted of family or household violence
3. intentionally or knowingly
4. possesses a firearm
5. (one of the following):
a. within 5 years of convection
b. within 5 years of release from community supervision

Back 45

Unlawful possession of a firearm
(person convicted of family violence (22.01))
Class A Misdemeanor

Front 46

1. person, county, and date
2. knowingly
3. prevents or interferes with
4. another's placement of an emergence telephone call
OR
4. another's request for assistance in an emergency from a law enforcement agency, medical facility or other agency providing for safety of individuals

Back 46

Interference with Emergency Telephone call
Class A Misdemeanor

Front 47

1. person, county, and date
2. Recklessly
3. makes unusable a telephone
4. which otherwise would have been used for an emergency to request assistance in an emergency

Back 47

Interference with Emergency
Makes unusable
Class A Misdemeanor

Front 48

1. person, county, and date
2. intentionally or knowingly
3. uses in a public place
4. abusive, indecent, profane, or vulgar language
5. which, by its very utterance, tends to incite an immediate breach of the peace.

Back 48

Disorderly Conduct
Vulgar Language
Class C Misdemeanor

Front 49

1. person, count, and date
2. intentionally or knowingly
3. in a public place
4. makes an offensive gesture or display
5. which tends to incite an immediate breach of the peace

Back 49

Disorderly Conduct
offensive gesture or display
Class C Misdemeanor

Front 50

1. person, count, and date
2. intentionally or knowingly
3. by chemical means
4. in a public place
5. creates an obnoxious and unreasonable odor.

Back 50

Disorderly Conduct
chemical odors
Class C Misdemeanor

Front 51

1. person, count, and date
2. intentionally or knowingly
3. in a public place
4. abuses or threatens another person
5. in an obviously offensive manner

Back 51

Disorderly Conduct
threats
Class C Misdemeanor

Front 52

1. person, count, and date
2. intentionally or knowingly
3. makes unreasonable noise (one of the following)
a. in a public place
b. near a private residence

Back 52

Disorderly Conduct
unreasonable noise
Class C Misdemeanor

Front 53

1. person, count, and date
2. intentionally or knowingly
3. fights with another
4. in a public place

Back 53

Disorderly Conduct
fighting
Class C Misdemeanor

Front 54

1. person, count, and date
2. intentionally or knowingly
3. exposes his/her anus or genitals
4. in a public place
5. and is reckless about who may see

Back 54

Disorderly Conduct
exposing anus or genitals
Class C Misdemeanor

Front 55

1. person, count, and date
2. intentionally or knowingly
3. for a lewd or unlawful purpose
4. does ONE of the following:
a. enters the property of another and looks into a dwelling on the property through any window or other opening in the dwelling,
b. while on the premises of a hotel or comparable establishment looks into a guest room not his own through a window or other opening, or
c. while on the premises of a public place looks in to an area such as a restroom, a shower stall, or a changing or a dressing room that is designed to provide privacy

Back 55

Disorderly Conduct
peeping
Class C Misdemeanor

Front 56

1. person, county, and date
2. intentionally or knowingly
3. damages or destroys tangible property
4. without the effective consent of the owner

Back 56

Criminal Mischief

Front 57

1. person, county, and date
2. intentionally or knowingly
3. tampers with tangible property
4. without the effective consent of the owner
5. causing pecuniary loss or substantial inconvenience to the owner or a third person

Back 57

Criminal Mischief

Front 58

1. person, county, and date
2. intentionally or knowingly
3. makes markings, inscriptions, slogans, drawings, or paintings
4. on tangible property

Back 58

Criminal Mischief

Front 59

Criminal Mischief - Penalty based on value of property

$200,000 or more

Back 59

1st degree felony

Front 60

Criminal Mischief - Penalty based on value of property

$100,000 but less than $200,000

Back 60

2nd degree felony

Front 61

Criminal Mischief - Penalty based on value of property

$20,000 but less than $100,000

Back 61

3rd degree felony

Front 62

Criminal Mischief - Penalty based on value of property

communication equipment or transportation communication device value less than $100,000

Back 62

3rd degree felony

Front 63

Criminal Mischief - Penalty based on value of property

$1,500 but less than $20,000

Back 63

SJF

Front 64

Criminal Mischief - Penalty based on value of property

any amount less than $20,000 if it is a school, an institution of higher education, a place of worship or human burial, a public monument or community center

Back 64

SJF

Front 65

Criminal Mischief - Penalty based on value of property

Less than $1,500 if habitation and destruction caused by firearm or explosive weapon

Back 65

SJF

Front 66

Criminal Mischief - Penalty based on value of property

Less than $1,500 if it is a fence used to contain cattle, bison, horses, sheep, swine, goats, exotic livestock, exotic poultry, or game animals

Back 66

SJF

Front 67

Criminal Mischief - Penalty based on value of property

less than $1,500 if the damage causes an interruption of services, ie transportation, communication, utilities, etc

Back 67

SJF

Front 68

Criminal Mischief - Penalty based on value of property

$500 but less than $1,500

Back 68

Class A Misdemeanor

Front 69

Criminal Mischief - Penalty based on value of property

less than $1,500 and public communications, public transportation, public gas or power supply or other public services is involved.

Back 69

Class A Misdemeanor

Front 70

Criminal Mischief - Penalty based on value of property

regardless of the amount involved impairment or interruption of any public water supply

Back 70

Class A Misdemeanor

Front 71

Criminal Mischief - Penalty based on value of property

$50 but less than $500

Back 71

Class B Misdemeanor

Front 72

Criminal Mischief - Penalty based on value of property

less than $50

Back 72

Class C Misdemeanor

Front 73

Criminal Mischief - Penalty based on value of property

Causes substantial inconvenience

Back 73

Class C Misdemeanor

Front 74

1. person, country, and date
2. intentionally or knowingly
3. violates the terms of a protective order

Back 74

Violating a court protective order -- family violence --
Class A misdemeanor

Front 75

what Venue should a application for a protective order be?

Back 75

the county in which the applicant resides, or the county in which the respondent resides

Front 76

On filing of an application for a protective order, the court shall set a date and time for the hearing unless a later date is requested by the applicant. Except as provided by section 84.002, the court may not set a date later than the ____ day after the date the application is filed.

Back 76

14th

Front 77

Duration of a Protective
(1) for the period stated in the order, not to exceed _____ or
if a period is not stated in the order, until the ___ anniversary of the date the order was issued

Back 77

2 years - 2nd

Front 78

MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.
(a) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under ________________________, Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request

Back 78

Sexual Assault
Aggravated Sexual Assault
Stalking