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306 Cards in this Set

  • Front
  • Back
OBJECTIVES OF CODE.

The general purposes of
this code are to establish a system of ____________, penalties, and
________ measures to deal with conduct that unjustifiably and
inexcusably causes or threatens ____ to those individual or public
interests for which state protection is appropriate.
prohibitions; correctional ; harm
OBJECTIVES OF CODE:

the provisions of this code are intended, and shall be construed, to
achieve the following objectives:

1) to insure the public safety through:
A) the ________ influence of the penalties hereinafter provided;
(B) the __________ of those convicted of violations of this code; and
C) such _______ as may be necessary to prevent likely recurrence of criminal behavior;
deterrent; rehabilitation; punishment
To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives:

2)by definition and ______ of offenses to give fair warning of what is prohibited and of the __________ of violation;
grading; consequences
To this end,the provisions of this code are intended, and shall be construed, to achieve the following objectives:

(3) to prescribe penalties that are ___________ to the seriousness of offenses and that permit recognition of differences in __________ possibilities among individual
offenders;
proportionate ;rehabilitation
To this end,the provisions of this code are intended, and shall be construed, to achieve the following objectives:
(4) to safeguard conduct that is without _____ from condemnation as criminal;
guilt
To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives:
(5) to guide and limit the exercise of official __________ in law enforcement to prevent arbitrary or _________ treatment of persons suspected, accused, or convicted of offenses;
discretion; oppressive
To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives:
(6) to define the scope of state _____ in law enforcement against specific offenses and to _______ the exercise of state criminal jurisdiction.
interest; systematize
Conduct does not constitute an offense unless it is defined as an offense by statute, _________ ________, order of a county __________ court, or rule
authorized by and lawfully ______ under a statute
municipal ordinance; commissioners ; adopted
CONSTRUCTION OF CODE. (a) The rule that a penal statute is to be _______ construed does not apply to this
code. The provisions of this code shall be construed according to
the fair import of their terms, to promote _______ and effect the
__________ of the code.
strictly; justice;objectives
COMPUTATION OF AGE. A person attains a specified age on the day of the __________ of his birthdate.
anniversary
"Act" means a ______ movement, whether voluntary or involuntary, and includes ________.
bodily; speech
"Actor" means a person whose ________
responsibility is in issue in a criminal action. Whenever the term
"______" is used in this code, it means "actor."
criminal; suspect
"Agency" includes authority, board, _______, commission, committee, council, _______, district, division, and office.
bureau; department
"Association" means a government or governmental subdivision or ______, trust, partnership, or two or more persons having a joint or common _______ interest
agency; economic
"Coercion" means a threat, however communicated:

to take or withhold action as a _______ _________, or to cause a public servant to take or withhold action.
public servant;
"Conduct" means an act or omission and its accompanying ______ state
mental
"Element of offense" means:

A)the forbidden _____ ;
B)the required __________;
C)any required ______; and
D)the negation of any _______ to the offense
conduct; culpability; result; exception
"Person" means an individual, corporation, or __________.
association
"Possession" means actual care, custody, control, or __________
management
"Death" includes, for an individual who is an unborn child, the failure to be ______ _______.
born alive
All persons are presumed to be innocent and no person may be convicted of an offense unless each ______ of the offense is proved ____________.
element; beyond a reasonable doubt
The ___________ _________ must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the _________.
prosecuting attorney ;exception
The prosecuting attorney is _________ to negate the existence of a defense in the accusation charging commission of the offense.
not required
The issue of the existence of a defense is not submitted to the jury unless ________ is admitted supporting the defense.
evidence
If the issue of the existence of a defense is submitted to the jury, the court shall charge that a ___________ ______ on the issue requires that the defendant be __________.
reasonable doubt; acquitted
A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and __________ consequences of a ________.
evidentiary; defense
The prosecuting attorney is __________ to negate the existence of an affirmative defense in the accusation charging commission of the offense.
not required
If the issue of the existence of an __________ ________ is submitted to the jury, the court shall charge that the defendant must prove the ________ _________ by a preponderance of evidence.
affirmative defense ; affirmative defense
If there is sufficient evidence of the facts that give rise to the _________, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the _________ as a whole clearly precludes a finding _________ _ __________ ______ of the presumed fact
presumption; evidence; beyond a reasonable doubt
the facts giving rise to the presumption must be proven ____________
beyond a reasonable doubt
Presumption:

If such facts are proven beyond a reasonable doubt the jury may find that the _______ of the offense sought to be presumed exists, but it is not bound to so find
element
Presumption:

Even though the jury may find the existence of such element, the state must prove _____________ each of the other elements of the offense charged.
beyond a reasonable doubt
Presumption:

If the jury has a reasonable doubt as to the existence of a fact or facts giving rise to the presumption, the presumption _____ and the jury shall not consider the presumption for any purpose
fails
"Criminal episode" means the commission of ___ or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances:
(1) the offenses are committed pursuant to the _____ transaction or pursuant to two or more transactions that are connected or constitute a common _____ or plan;
two ;same; scheme
"Criminal episode" means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances:

The offenses are the _______ commission of the same or similar offenses.
repeated
CONSOLIDATION AND JOINDER OF PROSECUTIONS.
(a) A defendant may be prosecuted in a single criminal action for all offenses arising out of the _____ criminal episode.
(b) When a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court, the state shall file written notice of the action not less than ______ prior to the trial.
same; 30 days
If a judgment of guilt is reversed, set aside, or vacated, and a new trial ordered, the state may not prosecute in a single criminal action in the new trial any offense not joined in the former prosecution unless evidence to establish probable guilt for that offense was ___ _______ to the appropriate prosecuting official at the time the ______ prosecution commenced.
not known ;first
When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall be pronounced. Except as provided by Subsection (b), the sentences shall run ____________.
concurrently
If the accused is found guilty of more than one offense arising out of the _____ criminal episode, the sentences may run concurrently or __________ if each sentence is for a conviction of:
(1) an offense:
(A) under Section _____;
same; consecutively ;

Sec. 49.08. INTOXICATION MANSLAUGHTER
If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run ____________ or consecutively if each sentence is for a conviction of:
(1) an offense:

for which a ____ _________ was reached in a case in which the accused was charged with more than one offense under Section 49.08;
concurrently ;plea agreement
If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:
(2) an offense:

(A) under Section ____,____,____,____,____ committed against a victim younger than ______of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section;
21.11. INDECENCY WITH A CHILD;
22.011. SEXUAL ASSAULT;
22.021. AGGRAVATED SEXUAL ASSAULT;
25.02. PROHIBITED SEXUAL CONDUCT;
43.25. SEXUAL PERFORMANCE BY A CHILD;
17 years
A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or ____________.
possession
Possession is a _________ act if the possessor knowingly obtains or receives the thing possessed or is _______ of his control of the thing for a sufficient time to permit him to _________ his control.
voluntary; aware ;terminate
A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a _____ to perform the act.
duty
If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with ____ mental element.
any
If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), ______, knowledge, or __________ suffices to establish criminal responsibility.
intent; recklessness
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his _______ ________ or _____ to engage in the conduct or cause the result.
conscious objective ;desire
A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he __ _______ of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is ____________ ________ to cause the result.
is aware; reasonably certain
A person acts _________, or is _______, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but _______ _________ a substantial and unjustifiable risk that the circumstances exist or the result will occur.
recklessly; reckless; consciously disregards;
A person acts with ______ _______, or is ______ ________, with respect to circumstances surrounding his conduct or the result of his conduct when he _____________ of a substantial and unjustifiable risk that the circumstances exist or the result will occur.
criminal negligence; criminally negligent; ought to be aware
If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all ________ are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been as a result of the carrying out of the conspiracy
conspirators; anticipated
______ means a director, officer, employee, or other person authorized to act in behalf of a corporation or association.
"Agent"
______ ___________ _______ means:
(A) a partner in a partnership;
(B) an officer of a corporation or association;
(C) an agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation or association.
"High managerial agent"
A corporation or association is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed, or recklessly tolerated by:
(1) a _________ of the governing board acting in behalf of the corporation or association; or
(2) a ______ _________ ______acting in behalf of the corporation or association and within the scope of his office or employment.
majority; high managerial agent
It is _______________ to prosecution of a corporation or association under Section 7.22(a)(1) or (a)(2) that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.
an affirmative defense
It is ________________ to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.
an affirmative defense
The term "mental disease or defect" does not include an abnormality manifested only by _______ criminal or otherwise antisocial conduct
repeated
It is _____________ to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
a defense
It is ______________ to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
no defense
It is ______________ to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:
(1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for _____________ the law in question;
an affirmative defense ;interpreting
It is _____________ to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:

a written interpretation of the law contained in an opinion of a ______ of record or made by a ______ __________charged by law with responsibility for interpreting the law in question.
an affirmative defense ;court; public official
Evidence of temporary insanity caused by ____________ may be introduced by the actor in mitigation of the __________ attached to the offense for which he is being tried.
intoxication; penalty
DURESS. (a) It is ___________ to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by _______ of imminent death or serious bodily injury to himself or another.
an affirmative defense ;threat
In a prosecution for an offense that does not constitute a felony, it is ________________ to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.
an affirmative defense
It is ________ that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.
no defense
It is ______________ to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute ____________.
a defense ;entrapment
Confinement is justified when _____ is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been ______ for an offense.
force; arrested
A person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of _________ force.
unlawful
A person in lawful possession of ____ or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful _________ with the property
land ;interference
A person unlawfully dispossessed of land or tangible, movable property by another is justified in using _____ against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh ______ after the dispossession
force ;pursuit
A person is justified in using deadly force against another to protect land or tangible, movable property:

to prevent the other's imminent commission of arson, burglary, robbery, aggravated ______, _____ during the nighttime, or _______ ______ during the nighttime;
robbery; theft ;criminal mischief
The use of force, but not deadly force, against a child younger than __ years is justified:
(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to ______ the child or to safeguard or promote his ______.
18; discipline; welfare
CLASSIFICATION OF OFFENSES. Offenses are designated as _______ or _________.
felonies; misdemeanors
Misdemeanors are classified according to the relative seriousness of the offense into three ________:
(1) Class A misdemeanors;
(2) Class B misdemeanors;
(3) Class C misdemeanors.
categories
Conviction of a Class C misdemeanor does not impose any legal ______ or disadvantage
disability;
An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed _____;
(2) confinement in jail for a term not to exceed ___ ____; or
(3) both such fine and confinement.
$4,000; one year
An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed _____;
(2) confinement in jail for a term not to exceed ___ _____; or
(3) both such fine and confinement.
$2,000; 180 days
An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed ____.
$500
In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment or _____ is ________ on conviction of a capital felony.
death; mandatory
In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that a sentence of ____ _________ is mandatory on conviction of the capital felony.
life imprisonment
An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for ____ or for any term of not more than __ ____ or less than __ ____.
life ; 99 years ;5 years
In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed ________.
$10,000
An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than __ ______ or less than __ _____.
20 years ; 2 years.
In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed _______.
$10,000
An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than ___ _____ or less than __ ____.
10 years ;2 years
In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed ________.
$10,000
Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than ___ ______ or less than ___ ____.
two years ;180 days
In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed _______.
$10,000
An individual adjudged guilty of a state jail felony shall be punished for a _______ _______ felony if it is shown on the trial of the offense that:
(1) a _______ __________ as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the ________ ________ or was a party to the offense and knew that a ______ _________ would be used or exhibited
third degree ;deadly weapon; deadly weapon ;deadly weapon
An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:

the individual has previously been finally convicted of any felony:
(A) listed in Section 3g(a)(1), Article 42.12,(____, _____ ______, ___ ____, ___ ________, ____ ___ _______, _________ ________) Code of Criminal Procedure; or
(B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.
murder, capitol murder,agg. kidap, agg rob, agg. sex assault, contorlled substance
Any conviction not obtained from a prosecution under this code shall be classified as follows:
(1) "felony of the _____ ______" if imprisonment in a penitentiary is affixed to the offense as a possible punishment;
(2) "Class B misdemeanor" if the offense is not a felony and confinement in a ____ is affixed to the offense as a possible punishment;
(3) "Class C misdemeanor" if the offense is punishable by ____ only.
third degree; jail; fine
If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of ___ state jail felonies, on conviction the defendant shall be punished for a third-degree felony.
two
If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a _______ ______ felony
second-degree
If it is shown on the trial of a state jail felony punishable under Section 12.35(c) or on the trial of a third-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished for a ______ _______ felony.
second-degree
If it is shown on the trial of a second-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished for a _____ ________felony.
first-degree
if it is shown on the trial of a first-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than __ years.
15
If it is shown on the trial of a felony offense other than a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felony offenses, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction he shall be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than __ years.
25
If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for any term of not more than one year or less than __ days;
90
If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for any term of not more than 180 days or less than __ days
30
If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01(_________ _________) or 49.02 (______ _____________)that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the __ ______ preceding the date of commission of the instant offense, the defendant shall be punished by:
(1) a fine not to exceed ______;
(2) confinement in jail for a term not to exceed ____ _____;
Disorderly Conduct; Public intoxication ; 24 months ;$2,000; 180 days
If a corporation or association is adjudged guilty of an offense that provides a penalty including imprisonment, or that provides no specific penalty, a court may sentence the corporation or association to pay a fine in an amount fixed by the court, not to exceed:
(1) _______ if the offense is a felony of any category;
(2) ________ if the offense is a Class A or Class B misdemeanor;
(3) ________ if the offense is a Class C misdemeanor; or
(4) _________ if, as a result of an offense classified as a felony or Class A misdemeanor, an individual suffers ______ ______ _____ or death
$20,000; $10,000 ;$2,000 ; $50,000 ;serious bodily injury
A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere _________ that tends but fails to effect the commission of the offense intended.
preparation
If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an _______ that aggravates the offense accompanies the attempt.
element
An offense under this section is one category _____ than the offense attempted, and if the offense attempted is a state jail felony, the offense is a _____________.
lower; Class A misdemeanor
A person commits criminal conspiracy if, with intent that a _______ be committed:
(1) he agrees with _____ or more persons that they or one or more of them engage in conduct that would constitute the offense; and
(2) he or ___ or more of them performs an overt act in pursuance of the agreement.
felony; one; one
An agreement constituting a conspiracy may be inferred from ____ of the parties
acts
An offense under this section is one category _____ than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a __________.
lower; Class A misdemeanor
CRIMINAL ___________;

A person commits an offense if, with intent that a _______ ______ or ______ _______be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.
capital felony or felony of the first degree
A person may not be convicted under this section on the ________ _______ of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation
uncorroborated testimony;
An offense under this section is:
(1) a felony of the ____ ______ if the offense solicited is a capital offense; or
(2) a felony of the ____ ______ if the offense solicited is a felony of the first degree
first degree ;second degree
CRIMINAL SOLICITATION OF A MINOR?
One category lower than the solicited offense
CRIMINAL SOLICITATION OF A MINOR:

In this section, "minor" means an individual younger than ____ of age.
17 years
It is _____________ under Section 15.01 that under circumstances manifesting a voluntary and complete renunciation of his criminal objective the actor avoided commission of the offense attempted by abandoning his criminal conduct or, if abandonment was insufficient to avoid commission of the offense, by taking further __________ action that prevented the commission.
an affirmative defense to prosecution; affirmative
Attempt or conspiracy to commit, or solicitation of, a ___________ offense defined in this chapter is not an offense.
preparatory
UNLAWFUL USE OF CRIMINAL INSTRUMENT. (a) A person commits an offense if:
(1) he possesses a criminal instrument with intent to use it in the commission of an offense?
One cateory lower than the intended offense
UNLAWFUL USE OF CRIMINAL INSTRUMENT. (a) A person commits an offense if:
(2) with knowledge of its character and with intent to use or aid or permit another to use in the commission of an offense, he manufactures, adapts, sells, installs, or sets up a criminal instrument?
State Jail Felony
UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS:

A person commits an offense if the person:
(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, _____, or electronic communication?
oral; An offense under this section is a felony of the second degree,
Criminal Attempt
One category lower than the offense attempted
Criminal Conspiracy
One category lower than the most serious felony conspired to
Criminal Solicitation
Capital offense solicited: 1st degree

1st degree offense solicited: 2nd degree
Criminal Solicitation of a Minor
One category lower that the offense solicited
Unlawful Use of Criminal Instrument
One category lower than intended offense

Manufacture or sale: State Jail.
Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications
2nd Degree

Sell, manufacture, promotes, advertises: State Jail Felony
Unlawful Use of Pen Register of Trap and Trace Device
State Jail
Unlawful Access to Stored Communication
Class A

To obtain benefit or harm another: State jail
Illegal Divulgence of Public Communication
State Jail
But for tortious or illegal purpose or commercial advantage involving unscrambled radio communication: Class A
For tortious or illegal purpose or commercial advantage involving cellular phone, pager, etc: Class C
Unlawful Installation of Tracking Devices
Class A
Murder
1st degree
Under influence of sudden passion: 2nd degree
Capital Murder
Capital Felony
Manslaughter
2nd degree
Criminally Negligent Homicide
State Jail
Unlawful Restraint
Class A,

person restrained was younger than 17, public servant or actor was in custody at the time: State Jail Felony

Exposure to substantial risk of serious bodily injury; 3rd degree
Kidnapping
3rd degree
Aggravated Kidnapping
1st degree
Victim released alive and in safe place: 2nd degree
Unlawful Transport
State jail
Trafficking of Persons
2nd degree
Against person younger than 14 YOA or a death resulted: 1st degree
Homosexual Conduct
Class C
Public Lewdness
Class A
Indecent Exposure
Class B
Indecency with a Child
By sexual contact: 2nd degree
By exposure: 3rd degree
Improper Relationship Between Educator and Student
2nd degree
Improper Photography or Visual Recording
State jail
Assault
Bodily injury: Class A
Against family member with two priors: 3rd degree
Against public servant: 3rd degree
Threat or offensive touch: Class C, unless against elderly or disabled, then Class A
Sexual Assault
2nd degree
Aggravated Assault
2nd degree
Against a witness or informant or public servant: 1st degree
By public servant: 1st degree
Aggravated Sexual Assault
1st degree
Injury to a Child, Elderly Individual, or Disabled Individual
Serious bodily injury, mental deficiency, impairment or injury: intentionally or knowingly - 1st degree; Recklessly: 2nd degree
Bodily injury: intentionally or knowingly: 3rd degree; Recklessly: State jail
Any or the above by criminal negligence: State jail
Abandoning or Endangering Child
With intent to return: State jail. Abandoned without intent to return: 3rd degree. Abandoned in dangerous circumstances: 2nd degree. Endangerment: State jail
Deadly Conduct
Class A, unless knowingly discharges firearm at individual or building: 3rd degree
Terroristic Threat
Intent to cause reaction by emergency agency: Class B. Intent to place in fear of imminent bodily injury: Class B. Intent to prevent occupation of public building, vehicle, etc.: Class A. Intent to cause impairment of public utilities, communications, transport: 3rd degree
Aiding Suicide
Class C
Resulting in serious bodily injury: State jail
Tampering with Consumer Product
Actual tampering: 2nd degree. Actual tampering with serious bodily injury: 1st degree. Threat to tamper: 3rd degree
Leaving a Child in a Vehicle
Class C
Harassment by Persons in Certain Correctional Facilities
3rd degree
Bigamy
Class A
Prohibited Sexual Conduct
3rd degree
Interference with Child Custody
State jail
Agreement to Abduct from Custody
State jail
Enticing a Child
Class B. With intent to commit a felony against child 3rd degree
Criminal Nonsupport
State jail
Harboring Runaway Child
Class A
Violation of Protective Order or Magistrate's Order
Class A, except w/2 priors or "stalking": 3rd degree
Sale or Purchase of Child
3rd degree
Advertising for Placement of Child
Class A, 3rd degree w/ a prior
Arson
2nd degree
With bodily injury or a place of worship: 1st degree
Criminal Mischief
Amended Value Ladder with respect to damage caused:
< $50 or substantial inconvenience: Class C
$50 but < $500: Class B
$500 but < $1,500; or $1,500 and causes impairment or diversion of public utilities or service: Class A
<$1,500 if property was a fence used to contain animals or livestock: State jail. $1,500 but < $20,000; or < $1,500, if property damages or destroyed is a habitation and if the damage or destruction is caused by firearm or explosive weapon: State jail
$20,000 but < $100,000: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more; 1st degree
Reckless Damage or Destruction
Class C
Interference with Railroad Property
Throwing objects or discharging firearm at train: Class B: causes bodily injury - 3rd degree
Tampering, obstruction or derailment: Class C
unless pecuniary damage results, in which case use Standard Value Ladder with respect to amount of damage
Graffiti
Amended Value Ladder with respect to damage: < $500: Class B
$500 but < $1,500; Class A
$1,500 but < $20,000; or if at a place of worship, cemetery, or community center with damages < $20,000; State jail
If marking made on a school or an institute of higher education: State jail. $20,000 but < $100,000: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more; 1st degree
Robbery
2nd degree
Aggravated Robbery
1st degree
Burglary
Building other than habitation: State jail
Habitation: 2nd degree
habitation w/ intent to commit, attempt, or felony other than felony theft: 1st degree
Burglary of Coin-operated or Coin Collection machines
Class A
Burglary of Vehicles
Class A
Criminal Trespass
Committed on property of a crop grown for consumption that is under cultivation, in the process of being harvested, or marketable: Class C; Generally: Class B in habitation or shelter, super fund site, or with deadly weapon carried: Class A
Trespass by Holder of License to Carry Concealed Handgun
Class A
Theft
Amended Value Ladder with respect to value of stolen property:
< $50: Class C, but prior theft conviction: Class B
At least $50 but < $500: Class B
< $20 by check: Class C, but with prior conviction for any theft: Class B
At least $20 but < $500 but check: Class B; Livestock valued under $20,000; or stolen from corpse or grave; or a firearm; or < $1,500 with two prior convictions: State jail
Theft of Services
Standard Value Ladder with respect to value of service
Theft of Trade Secrets
3rd degree
Trespass by holder of licensed concealed handgun
Class A
Unauthorized Use of Vehicle
State jail
Tampering with Identification Number
Class A
Theft of or Tampering with Multichannel Video or Information Services
Class C; Previously convicted one time under this statue; Class B; Convicted two or more times: Class A with minimum fine of $2,000 and minimum confinement of 180 days; For remuneration: Class A
Manufacture, Sale, or distribution of Television / Cable Decoding, Descrambling, or Interception Device
Class A
Sale or Lease of Multichannel Video or Information Services Device
Class A
Forgery
Class A
Will, deed, security, credit card, check, contract, etc: State jail
Money, securities, stamps, government record, stocks, bonds; or other instruments issued by a state or national govt.: 3rd degree
Criminal Simulation
Class A
Trademark Counterfeiting
Value Ladder with respect to retail value:
<$20: Class C
$20 but < $500: Class B
$500 but < $1,500: Class A
$1,500 but < $20,000: State Jail
$20,00 but< $100,00: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more: 1st degree
Stealing or Receiving Stolen Check or Similar Sight Order
Class A
Credit Card or Debit Card Abuse
State Jail
False Statement to Obtain Property or Credit
Class A
Hindering Secured Creditors
Standard Value Ladder
Fraudulent Transfer of Motor Vehicle
Vehicle value at <$20,000: State jail
Vehicle valued at more than <$20,000: 3rd degree
Conduct involves failure to inform owner of location of vehicle: Class A
Credit Card Transaction Record laundering
Standard Value Ladder with respect to amount of the record of sale
Issuance of Bad Check
Class C
Class B, if check was issued under a court order (i.e. child support)
Deceptive Business Practices
Subdivisions (b)(1-6): Class C, unless prior conviction for Class B or Class C misdemeanor under this section, in which case Class A
Subdivisions (b)(7-12): Class A
Commercial Bribery
State jail
Rigging Publicly Exhibited Contest
Class A
Illegal Recruitment of Athlete
Standard Value Ladder with respect to the value of the benefit conferred
Misapplication of Fiduciary property or Property of Financial Institution
Standard Value Ladder with respect to the value of property misapplied
Securing Execution of Document by Deception
Standard Value Ladder with respect to the value of the property, service, or pecuniary interest
If defendant causes a public servant to file any judgment or document to evidence an act: State jail
Fraudulent Destruction, Removal, or Concealment of Writing
Class A, unless a will, deed, or other document required to be recorded publicly, in which case State jail
Simulating Legal Process
Class A: State jail with prior
Refusal to Execute Release of Fraudulent Lien or Claim
Class A
Deceptive Preparation and marketing of Academic Product
Class C
Fraudulent Use or Possession of Identifying Information
State jail
Breach of Computer Security
Class B, unless the actor knowingly obtains a benefit, defrauds or harms another, or alters, damages, or deletes property, in which case:
Aggregate amount <$1,500: Class A
$1,500 but < $20,000; or < $1,500 with two priors: State Jail
$20,00 but< $100,00: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more: 1st degree
Unauthorized Use of Telecommunications Service
Standard Value Ladder with respect to the value of service used or diverted:
<$500: Class B
$500 but < $1,500 or <$500 w/a prior: Class A
$1,500 but < $20,000 or < $1,500 w/two prior:: State Jail
$20,00 but< $100,00: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more: 1st degree
Manufacture, Possession, or Delivery of Unlawful Telecommunications Device
3rd Degree
Theft of Telecommunications Service
Standard Value Ladder with respect to the service:
<$500: Class B
$500 but < $1,500 or <$500 w/a prior: Class A
$1,500 but < $20,000 or < $1,500 w/ two prior:: State Jail
$20,00 but< $100,00: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more: 1st degree
Publication of Telecommunication Access Device
Class A; 3rd degree w/ prior
Money Laundering
If value of funds is:
At least $3,000, but less than $20,000: 3rd degree
$20,000 but less than $100,000: 2nd degree
$100,000 or more: 1st degree
Insurance Fraud
Standard Value Ladder with respect to the value of the claim.
With risk to person of death or serious bodily injury: 1st degree
Bribery
2nd degree
Coercion of Public Servant or Voter
Class A; 3rd degree if coercion is to commit a felony
Improper Influence
Class A
Tampering with a witness
State Jail
Obstruction or Retaliation
3rd degree
Acceptance of Honorarium
Class A
Gift to Public Servant by Person Subject to His Jurisdiction
Class A
Offering Gift to Public Servant
Class A
Perjury
Class A
Aggravated Perjury
3rd degree
False Report to Police Officer
Class B
False Report Regarding Missing Child or Missing Person
Class C
Tampering with or Fabricating Physical Evidence
3rd degree
Destroying evidence in criminal investigation or failure to report the existence of or location of remains to a law enforcement agency: Class A
Tampering with Governmental Record
Class B if defendant makes, presents, or uses any document with intent to be taken as genuine, or intended to show a false record, document or thing as a genuine government record.
State jail if with intent to defraud or harm
3rd degree if false entry or alteration of government document;
Intentionally destroying, concealing, or impairing the availability or legibility of a government record;
Possession with intent to sell or offer to sell, with intent to be used unlawfully; possession with knowledge that it was obtained unlawfully;
3rd degree: if record was a public school record, assessment instrument, license, permit, seal or title.
2nd degree: intent to defraud or harm another
Fraudulent Filing of Financial Statement
If statement is forged: 3rd degree; w/ two priors: 2nd degree
If statement contains material false statement, or is groundless: Class A; State jail w/ intent to defraud or harm
Impersonating Public Servant
3rd degree
False Identification as Peace Officer; Misrepresentation of property
Class B
Record of Fraudulent Court
Class A; 3rd degree w/ two priors
Failure to identify
Class C; Class B if defendant was a fugitive
Resisting Arrest, Search, or Transportation
Class A; 3rd degree if deadly weapon used
Evading Arrest or Detention
Class B
Vehicle used in flight: Class A; State jail w/ prior
If another suffers serious bodily injury by attempt by peace officer to apprehend: 3rd degree: if death results, 2nd degree
Hindering Apprehension or Prosecution
Class A; 3rd degree if hindering apprehension of a felon or juvenile who committed felony conduct
Escape
Class A
Felon who escapes from correctional facility: 3rd degree
Causes bodily injury: 2nd degree
Causes serious bodily injury or uses a deadly weapon: 1st degree
Permitting or Facilitating Escape
Class A
Incarcerated felon, other than in secure correctional facility: 3rd degree
Used or threatened to use deadly weapon; or felon confined in secure correctional facility: 2nd degree
Implements of Escape
3rd degree
Deadly weapon: 2nd degree
Bail Jumping and Failure to Appear
Class A
Offense was punishable by fine only: Class C
Offense was a felony: 3rd degree
Prohibited Substance in Correctional Facility or on Property of Texas Dept. of Criminal Justice
3rd degree
Unauthorized Absence from Community Corrections Facility, Court Correctional Center or Assignment Site
State Jail
Barratry and Solicitation of professional Employment
Committed under subsection (a) or (b): Class A
Under subsection (d): Class A; 3rd degree w/ prior
Falsely Holding Oneself Out as a lawyer
3rd degree
Unauthorized Practice of Law
Class A; 3rd degree w/ prior
Hindering Proceedings by Disorderly Conduct
Class A
Taking or Attempting to Take Weapon from Peace Officer
State jail
Interference with Public Duties
Class B
Preventing Execution of Civil Process
Class C
Failure to stop or Report Aggravated Sexual Assault of Child
Class A
Abuse of Official Capacity
Standard Value Ladder with respect to value of thing misused
Official Oppression
Class A
Violation of Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody
Class A
State jail for sexual intercourse with individual in custody
Failure to Report Death of Prisoner
Class B
Misuse of Official Information
3rd degree
Class C if public servant offender coerces another not to report
Disorderly Conduct
Class C
Class B if with firearm in public place
Riot
Class B, or same classification as higher grade offense committed by rioters
Obstructing Highway or Passageway
Class B
Disrupting Meeting or Procession
Class B
False Alarm or Report
Class A
State jail if offense involves public schools, utilities, communications, etc.
Silent or Abusive Calls to 9-1-1 Service
Class B
Harassment
Class B
Stalking
Class A; 3rd degree with prior
Abuse of Corpse
Class A
Cruelty to Animals
Class A
Dog Fighting
Causes to fight or owns or trains dog (class A)

fights dog for money,participates in the earnings of or operates a facility used for fighting or permits another to use property for fighting(State Jail Felony)

Attends (Class C)
Destruction of Flag
Class A
Discharge of Firearm in Certain Municipalities
Class A
Prostitution
Class B; Class A with prior
Promotion of Prostitution
Class A
Aggravated promotion of Prostitution
3rd Degree
Aggravated promotion of Prostitution
3rd Degree
Compelling Prostitution
2nd degree
Obscene Display or Distribution
Class C
Obscenity
Wholesale promotion: State jail
Otherwise; Class A
Sale, Distribution, or Display of harmful Material to Minor
Class A
Hiring minor to assist in offense; 3rd degree
Sexual performance by a Child
Employing, authorizing, or inducing child; 2nd degree
Producing, directing, or promoting child's performance; 3rd degree
Employment Harmful to Children
Class A
Possession or Promotion of Child Pornography
3rd degree
Unlawful Carrying weapon
Class A
On premises serving alcohol; 3rd degree
Places Weapons prohibited
3rd degree
Unlawful Carrying of Handgun by License holder
Class A
3rd degree in on premises deriving 51% of income from licensed on-premises consumption of alcohol
Unlawful Possession of Firearm by felon
3rd degree
Prohibited weapons
3rd degree
Switchblade or knuckles; Class A
Unlawful Transfer / Possession of certain weapons
Class A; State jail with a handgun
Hoax Bomb
Class A
Components of Explosives
3rd degree
Deadly Weapon in Penal Institution
3rd degree
Making Firearm Accessible to a child
Class C; Class A if discharge or firearm causes serious bodily injury or death
Gambling
Class C
Gambling Promotion
Class A
Keeping a Gambling Place
Class A
Communicating Gambling Information
Class A
Possession of Gambling Devices, Equipment or paraphernalia
Class A
Smoking Tobacco in Unauthorized Place
Class C
Prohibition of the Sale and Purchase of human Organs
Class A
Public Intoxication
Class C
Driving While Intoxicated
Class B, minimum 72 hours
with open container; Class B, minimum 6 days
See Sec. 49.09 for subsequent offenses
Flying While Intoxicated
Class B, minimum 72 hours
See Sec. 49.09 for subsequent offenses
Boating While Intoxicated
Class B, minimum 72 hours
See Sec. 49.09 for subsequent offenses
Assembling or Operating an Amusement Ride While Intoxicated
Class B, minimum 72 hours; With open container: Class B minimum 6 days.
Intoxicated Assault
3rd degree
Intoxicated Manslaughter
2nd degree
Enhanced Offenses and Penalties
2nd conviction; Class A, minimum 30 days
More than 2 priors; 3rd degree
Engaging in Organized Criminal Activity
One category higher than most serious offense committed; or same as most serious offense conspired to commit
Violating Court Order Enjoining Organized Criminal Activity
Class A
Soliciting membership in a Criminal Street Gang
3rd degree; second or subsequent offense: 2nd degree