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181 Cards in this Set
- Front
- Back
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ACT
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Bodily movement, whether voluntary or involuntary, and includes speech.
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ACTOR
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person whose criminal responsibility is in issue in a criminal action. Whenever "suspect" is used in this code it means "actor"
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AGENCY
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includes authority, board, bureau, commission, committee, council, department, district, division, and office
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ANOTHER
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Person other than the actor
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ASSOCIATION
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means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest
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BENEFIT
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anything reasonably regarded as an economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested
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BODILY INJURY
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physical pain, illnesses, or any impairment of physical condition
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COERCION
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Threat, however communicated
a. to commit an offence. b. to inflict bodily injury in the future on the person threatened or another. c. to accuse a person of any offense. d. to expose a person to hatred, contempt or ridicule. e. to harm the credit or business repute of any person; or f. to take or withhold action as a public servant, or to cause a public servant to take or withhold action |
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CONDUCT
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an act or omission and its accompanying state
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CONSESNT
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assent in fact, whether express or apparent
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CORPORATION
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includes nonprofit corporations, professional associations created pursuant to statute and joint stock companies.
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CORRECTIONAL FACILITY
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a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes: a. municipal or county jail. b. confinement facility operated by the TDCJ. c. confinement facility operated under contract with any division of TDCJ. d. a community corrections facility operated by a community supervision and corrections department.
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DEADLY WEAPON
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a. firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or, b. anything that in the manner of its use or intended use is capable of causing death or serious bodily injury
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EFECTIVE CONSENT
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consent by a person legally authorized to act for the owner. Consent is not effective if a. induced by force, threat, or fraud. b. given by a person the actor knows is not legally authorized to act for the owner. c. given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions or d. given solely to detect the commission of an offense.
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ELECTRIC GENERATING PLANT
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a facility that generates electricity for distribution to the public
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ELECTRIC UTILITY SUBSTATION
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a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public
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ELEMENT OF OFFENSE
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a. the forbidden act
b. the required culpability (mental state) c. any required result d. the negation of any exception to the offense |
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FELONY
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an offense so designated by law or punishable by death or confinement in a penitentiary
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GOVERNMENT
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a. the state
b. a county, municipality, or political subdivision of the state or, c. any branch or agency of the state, a county, municipality, or political subdivision. |
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HARM
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anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested
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INDIVIDUAL
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human being who is alive, including an unborn child at every stage of gestation from fertilization until birth
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LAW
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the constitution or a statute of this state or of the United States, a written opinion of a court record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adapted under the statute
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MISDEMEANOR
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an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail
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OATH
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includes affirmation
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OFFICIAL PROCEEDING
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any type of administrative, executive, legislative, or proceeding that may be conducted before a public servant
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OMISSION
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failure to act
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OWNER
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has title to the property, whether lawful or not, or a greater right to possession of the property that the actor or
b. is a holder in due course of a negotiable instrument |
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PEACE OFFICER
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a person elected, employed , or appointed as a peace officer
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PENAL INSTITUTION
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a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense
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PERSON
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an individual, corporation, or association
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POSSESSION
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actual care, custody, management or control
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PUBLIC PLACE
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any place to which the public or a substantial group of the public has access and includes, but not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops
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PUBLIC SERVANT
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a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties;
a. an officer, employee, or agent of government b. a juror or grand juror c. an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or d. an attorney at law or notary public when participating in the performance of a governmental function or e. a candidate for nomination or election to public office f. a person who is performing a governmental function under a claim or right although he is not legally qualified to do so |
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REASONABLE BELIEF
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a belief that would be held by an ordinary and prudent man in the same circumstance as the actor
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RULE
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includes regulation
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SECURE CORRECTIONAL FACILITY
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a. municipal or county jail
b. a confinement facility operated by or under a contract with any division of the TDCJ |
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SERIOUS BODILY INJURY
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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 organ
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SIGHT ORDER
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a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. The term includes a check, an automatic debit, or an automatic bank draft.
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Swear
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includes affirm
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UNLAWFUL
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criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege
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DEATH
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includes, for an individual who is an unborn child, the failure to be born alive
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CONCURRENT JURISTICTION: Offenses involving state property
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with the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting attorney to prosecute under this code any offense an element of which occurs on state property or any offense that involves the use, unlawful appropriation, or misapplication of state property, including state funds
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DEFENSE
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a. so labeled by " It is a defense to prosecution...."
b. the prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense c. the issue of existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense. d. if the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted e. a ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense. |
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AFFIRMATIVE DEFENSE
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labeled by "It is an affirmative defense to prosecution...."
b. the prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense c. the issue of existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense d. if the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence. |
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CRIMINAL EPISODE
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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
1. the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan 2. the offenses are the repeated commission of the same or similar offenses |
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CRIMINAL ATTEMPT
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A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt |
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CRIMINAL CONSPIRACY
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A person commits criminal conspiracy if, with intent that a felony be committed:
he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and he or one or more of them performs and overt act in pursuance of the agreement. An agreement constituting a conspiracy may be inferred from acts of the parties |
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CRIMINAL SOLICITATION
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A person commits an offense if, with intent that a capital felony or felony of the first degree 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.
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UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE
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A person commits an offense if:
The person possesses a criminal instrument or mechanical security device with the intent to use the instrument or device in the commission of an offense or; with knowledge of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells, installs, or sets up the instrument or device. |
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UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS
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A person commits an offense if the person:
intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication; intentionally discloses or endeavors to disclose to another person the contents of a wire, oral, or electronic communication if the person knows or has reason to know the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection uses, or endeavors to use if the person knows or is reckless about how the info was obtained, knowingly or intentionally effects a covert entry to intercept a communication, intentionally uses or endeavors to use or procures any other person to |
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UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE
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A person commits an offense if the person knowingly installs or uses a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line
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UNLAWFUL ACCESS TO STORED COMMUNICATIONS
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a person obtains, alters, or prevents authorized access to a wire or electronic communication while the communication is in electronic storage by:
intentionally obtaining access without authorization to a facility through which a wire or electronic communications service is provided, or intentionally exceeding an authorization for access to a facility through which a wire or electronic communications service is provided. |
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ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS
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a person who provides electronic communications services to the public commits an offense if the person knowingly divulges the contents of a communication to another who is not the intended recipient of the communication
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UNLAWFUL INSTALLATION OF A TRACKING DEVICE
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a person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person
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ELECTRONIC OR MECHANICAL TRACKING DEVICE
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a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor,or record the location of another person or object
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CRIMINAL HOMICIDE
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a person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an idividual.
Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide |
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ADEQUATE CAUSE
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Cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool relfection
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SUDDEN PASSION
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means passion directly caused by and arising out of provocation by individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result or former provocation
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MURDER
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intentionally or knowingly causes the death of an individual;
intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual, or commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual |
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CAPITAL MURDER
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the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, or retaliation, or terroristic threat commits or employs another to commit a murder for remuneration murder while escaping or attempting to escape from a penal institution or with intent to establish, maintain, or participate in a combination or profits of murders another while incarcerated for murder, or while serving 99 years or a life sentence, murders more than one person during the same criminal transaction or the same scheme or course of conduct murders a person under ten years of age murders in retaliation for or on account of the service of a judge or justice of a court |
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MANSLAUGHTER
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recklessly causes the death of an individual
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CRIMINALLY NEGLIGENT HOMICIDE
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Causes the death of another by criminal negligence
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RESTRAIN
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to restricts a persons movement without consent, so as to interfere substantially with the persons liberty, by moving the person from one place to another or by confining the person
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WITHOUT CONSENT (RESTRAINT)
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force or intimidation by deception or any means, including acquiescence of the victim if, the victim is a child less than 14 or incompetent, and the legal guardian has not consented to the confinement
between 14 and 17 and taken outside the state and outside a 120 mile radius from the victims residence w/out consent from the parent/legal guardian |
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ABDUCT
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restrain a person by
holding him in a place where he is not likely to be found; or using or threatening to use deadly force |
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RELATIVE
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parent, stepparent, ancestor, sibling, uncle, aunt, including the adoptive relative of the same degree
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PERSON
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individual, corporation, or association
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UNLAWFUL RESTRIANT
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intentionally or knowingly restrains another person
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KIDNAPPING
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intentionally or knowingly abducts another person
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AGGRAVATED KIDNAPPING
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intentionally or knowingly abducts another person with the intent to:
hold for ransom; use as a shield or hostage; facilitate the commission of a felony or flight after the attempted commission of a felony; inflict bodily injury or violate or abuse sexually; terrorize him or a third person; interfere with the performance of any govt or political function. uses or exhibits a deadly weapon during the commission of the offense |
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SMUGGLING OF PERSONS
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intentionally uses a motor vehicle, aircraft, or watercraft to transport an individual with the intent to :
Conceal the individual from a peace officer or special investigato; or knowingly flee from a peace officer or special investigator attempting to arrest or detain the actor |
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TRAFFIC
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to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means
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TRAFFICKING OF PERSONS
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knowingly traffics another person with intent that the person engage in forced labor or services;
knowingly receives a benefit from forced labor or services |
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CONTINUOUS TRAFFICKING
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during a period of 30 or more days, the person engages two or more times in trafficking of persons
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DEVIATE SEXUAL INTERCOURSE
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any contact between any part of the genitals of one person and the mouth or anus of another; or
the penetration of the genitals or the anus of another person with an onbject |
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SEXUAL INTERCOURSE
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any penetration of the female sex organ by the male sex organ
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SEXUAL CONTACT
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any touching of the breast, anus, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person
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SPOUSE
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a person to whom a person is legally married
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CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN
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during a period of 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims,
actor is 17 or older and the victim is younger than 14 |
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ACT OF SEXUAL ABUSE
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aggravated kidnapping if committed with intent to sexually abuse or violate victim;
indecency with a child in a manner other than by touching, including touching through clothing, the breast of a child sexual or aggravated sexual assault Burglary of habitation with intent to commit sexual abuse felony sexual performance of a child trafficking of children with sexual abuse or obtaining benefit |
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PUBLIC LEWDNESS
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knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his:
act of sexual intercourse; act of deviate sexual intercourse; act of sexual contact; or act involving contact between the persons mouth or genitals of animal or fowl |
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INDECENT EXPOSURE
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exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act
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INDECENCY WITH A CHILD
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a person commits an offense if, with a child younger than 17 years of age, with the child or causes the child to engage in sexual contact; or
engages in sexual contact with the child or causes the child to engage; or with intent to arouse or gratify the sexual desire of any person: exposes the persons anus or genitals, knowing the child is present; or causes the child to expose his anus or genitals |
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IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT
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an employee of a public or private primary or secondary school commits an offense if the employee:
engages in sexual contact, sexual intercourse,or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works; person who holds a certificate or permit engages in sexual contact, intercourse, or deviate sexual intercourse at a school sponsored activity |
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IMPROPER PHOTOGRAPHY OR VISUAL RECORDING
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a person photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or a private dressing room:
without the persons consent and with intent to arouse or gratify sexual desire of any person; or at a bathroom w/out consent and with the intent to invade the privacy of the other person; or arouse or gratify the sexual desire of any person; or knowing the character and content, promotes the transmission |
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ASSAULT
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intentionally, knowingly or recklessly causes or threatens to cause bodily injury to another, or causes physical contact with another when the person knows or reasonably believes that the other will regard the contact as offensive or provocative. including the persons spouse
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SEXUAL ASSAULT
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intentionally and knowingly causes penetration of anus or sex organ of another person by any means, w/out consent
causes oral penetration with sex organ w/out consent causes the sexual organ of another person, w/out that persons consent, to contact or penetrate the mouth, anus, or sexual organ of another person including the actor. Causes the penetration of the anus or sex organ of a child (under 17) by any means, penetration of mouth by sex organ of the actor, sex organ of a child to contact or penetrate the mouth of another person including the actor, causes mouth or anus of child to contact the mouth the mouth, anus, sex organ of another person including the actor all of the above plus anus to mouth or mouth to anus for a child under 17 |
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AGGRAVATED ASSAULT
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commits assault and causes serious bodily injury to another or uses or exhibits a deadly weapon
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AGGRAVATED SEXUAL ASSAULT
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causes sexual assault and causes serious bodily injury or attempts to cause the death of the victim or another person in the same criminal episode ;
threatens or places the victim in fear of death, serious bodily injury, or that kidnapping will be inflicted on any person uses or exhibits a deadly weapon during the same criminal episode; acts in concert with another; administers a date rape; victim is younger than 14 or older than 65 or disabled |
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INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL
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intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child 14 or younger, elderly, or disabled individual (older than 14)
SBI BI serious mental deficiency, impairment, or injury |
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ABANDONING OR ENDANGERING A CHILD
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having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm
intentionally, knowingly, recklessly, criminal negligence, by act or omission, engages in conduct that places a child younger than 15 in imminent danger of death, bodily injury, or physical or mental impairment |
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DEADLY CONDUCT
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recklessly engages in conduct that places another in imminent danger of serious bodily injury.
knowingly discharges a firearm at or in the direction of one or more individuals; or a habitation, building, vehicle and is reckless if they are occupied Recklessness is presumed if the individual pointed the firearm in the direction of another whether or not the actor believed the firearm to be loaded. |
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TERRORISTIC THREAT
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threatens to commit any offense involving violence to any person or property with the intent to:
cause a reaction of any type to his threats by an official or volunteer agency organized to deal with emergencies, place any person in fear of SBI prevent or interrupt the occupation or use of a building, room, place of assembly, public place, place of employment, aircraft, automobile, or other form of conveyance causes impairment or interruption of public communications, transportation, water, gas, or power supply or other public service, place the public or a substantial group of the public in fear of SBI or influence conduct or activities of a branch of govt or agency of fed, state, or political subdivision of the state |
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AIDING SUICIDE
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with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide
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CONSUMER PRODUCT
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any product offered for sale to or for consumption by the public and includes food and drugs
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TAMPER
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means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause SBI
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TAMPERING WITH CONSUMER PRODUCT
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knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another
knowingly or intentionally threatens to tamer with a consumer product with the intent to cause fear , to affect the sale of the consumer product, or to cause BI to any person |
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LEAVING A CHILD IN A VEHICLE
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intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes knowing that the child is younger than seven, and not attended by an individual in the vehicle who is 14 or older
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HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARASSMENT OF PUBLIC SERVANT
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with the intent to assault, harass, or alarm the person:
while imprisoned or confined causes another to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person or animal or; causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, feces, urine while the public servant is lawfully discharging duty or in retaliation |
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BIGAMY
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legally married and he
a) purports to marry or does marry a person other than his spouse in any state or country b) lives with a person other than the spouse in this state with the appearance of being married or does the same with a person he knows is married |
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PROHIBITED SEXUAL CONDUCT
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engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy
actors ancestor current or former stepchild or stepparent uncle or aunt of whole or half blood brother or sister of whole or half blood niece or nephew by whole or half or adoption cousin by whole or half blood or adoption |
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INTERFERENCE WITH CHILD CUSTODY
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takes or retains a child younger than 18 :
1) when the person knows that the person taking or retention violates the express terms or a judgement or order, including a temporary order, of a court disposing of the childs custody 2) when the person has not been awarded custody of a child by a court and takes the child out of the jurisdiction of the court, w/out permission of court and with the intent to deprive the court of authority over the child 3) noncustodial parent interferes with lawful custody of child younger than 18, knowingly entices or persuades the child to leave custody of legal |
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AGREEMENT TO ABDUCT FROM CUSTODY
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agrees for remuneratioinn or the promise of, to abduct a child younger than 18 by force, threat of force, misrepresentation, stealth or unlawful entry
child must be under court order |
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ENTICING A CHILD
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with the intent to interfere with lawful custody of a child younger than 18, knowingly entices or persuades from the legal guardian or person standing in stead
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CRIMINAL NONSUPPORT
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intentionally or knowingly fails to provide support for child younger than 18 or for child under court order requiring support
(Child support) |
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HARBORING RUNAWAY CHILD
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knowingly harbors a child and is criminally negligent whether the child
1) younger than 18 2) has escaped from custody or a peace officer, a probation officer, texas youth council, or a detention facility for children, or is voluntarily absent from home w/out parents consent |
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HABITATION
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structure of vehicle that is adapted for the overnight accommodation of persons and includes:
each separately secured or occupied portion of the structure or vehicle; and each structure appurtenant to or connected with the structure of vehicle |
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BUILDING
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any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use
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PROPERTY
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real property
tangible or intangible personal property, including anything severed from land; or a document including money, that represents or embodies anything of value |
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VEHICLE
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any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.
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OPEN-SPACE LAND
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real property that is undeveloped for the purpose of human habitation
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CONTROLLED BURNING
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the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area
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ARSON
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starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with the intent to damage or destroy:
any vegetation, fence, or structure on open-space land knowing that it is insured against damage or destruction knowing that it is subject to mortgage or other security interest knowing that it is located on property belonging to another or when the person is reckless about whether about whether the fire or explosion will endanger life or safety of the property of another. recklessly causes a fire or explosion while manufacturing a controlled substance and causes damage to any building, habitation, or vehicle. intentionally starts a fire or explosion and recklessly damages or destroys a building belonging to another or causes another to suffer bodily injury or death. |
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RECKLESS DAMAGE OR DESTRUCTION
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without the effective consent of the owner, recklessly damages or destroys the property of the owner
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CRIMINAL MISCHIEF
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without the effective consent of the owner:
intentionally or knowingly damages or destroys the tangible property of the owner; intentionally and knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person, or intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner |
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AMOUNT OF PECUNIARY LOSS
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the fair market value of the property at time of destruction; or
if FMV cant be obtained, cost of replacing the property within a reasonable time after the destruction if damaged, cost of repairing or restoring, documents, amount due and collectible at maturity less any satisfied amount, greatest amount of economic loss owner may reasonably suffer if not evidence of a debt. if not able to ascertain from above amount is between $500 and $1500 |
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GRAFFITI
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w/out effective consent, intentionally or knowingly makes markings, inscriptions, slogans, drawings, or paintings on the tangible property of the owner with: paint, an indelible marker, or an etching or engraving device
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AEROSOL PAINT
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aerosolized paint product
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ETCHING OR ENGRAVING DEVICE
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device that makes a delineation or impression on tangible property, regardless of the manufactures intended use
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INDELIBLE MARKER
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device that makes a mark with a paint or ink product that is specifically formulated to me more difficult to erase, wash out, or remove than ordinary paint or ink products
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IN THE COURSE OF COMMITTING THEFT
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conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft
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PROPERTY
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tangible or intangible personal property including anything severed from land
a document, including money that represents or embodies anything of value |
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ROBBERY
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in the course of committing theft and with intent to maintain control of property he,
intentionally, knowingly, or recklessly causes bodily injury to another or intentionally knowingly threatens or places another in fear of imminent bodily injury or death |
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AGGRAVATED ROBBERY
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commits robbery and causes serious bodily injury to another,
uses or exhibits a deadly weapon or causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death if the other person is 65 or older or a disabled person |
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BURGLARY
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w/out effective consent of the owner
enters a habitation, or a building or any portion, not then open to the public, with intent to commit a felony, theft, or an assault; or remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. |
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ENTER
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to intrude any part of the body, any physical object connected with the body
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BURGLARY OF COIN-OPERATED OR COIN COLLECTION OF MACHINES
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w/out effective consent of the owner, breaks or enters into any coin operated machine, or equipment used for providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services
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BURGLARY OF VEHICLES
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w/out effective consent of owner, breaks into or enters a vehicle or any part of a vehicle with intent to commit felony or theft
a container or trailer carried on a rail car is a part of the rail car |
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CRIMINAL TRESPASS
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enters or remains on or in property of another including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or another vehicle, w/out effective consent of the owner and the person:
had notice that the entry was forbidden or received notice to depart but failed to do so |
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TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
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carries a handgun on the property of another w/out effective consent and received notice that:
entry w a license to carry was prohibited or remaining on the property with a concealed handgun was forbidden and failed to depart |
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DECEPTION
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creating or confirming by words or false impression of law or fact that is likely to affect the judgement of another in the transaction, and the actor does not believe to be true
failing to correct a false impression preventing another from acquiring info likely to affect judgement transferring property w/out disclosing lean, etc promising performance that actor does not intend to perform |
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DEPRIVE
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withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner
to restore property only upon payment of reward or other compensation to dispose of property in a manner that makes recovery by owner unlikely |
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EFFECTIVE CONSENT
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consent by a person legally authorized to act as the owner,
not effective if induced by deception or coercion given by person the actor knows is not legally authorized to act for the owner given by person unable to by youth, mental disease or defect, or intoxication given solely to detect the commission of an offense given by a person who by reason of advanced age has diminished capacity |
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APPROPRIATE
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to bring about a transfer or purported transfer of title or to exercise control over property other than the real property
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SERVICE
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labor and professional service,
telecommunication, public utility or transportation services, lodging, restaurant and entertainment service, supply of a motor vehicle or other property |
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STEAL
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to acquire property or service by theft
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RETAIL MERCHANDISE
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one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment
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RETAIL THEFT DETECTOR
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electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting
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SHIELDING OR DEACTIVATION INSTRUMENT
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means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector
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THEFT
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unlawfully appropriates property with the intent to deprive the owner of the property, person buys item knowing it was stolen, neglects to get id #'s if pawnshop selling property, failure to report person who sold stolen items
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THEFT OF SERVICE
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intentionally knowingly secures services w/out paying for it, fails to complete payment, fails to pay after notice is given
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ARTICLE
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object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, map or blueprint
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COPY
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fax, replica, photo, or other reproduction
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REPRESENTING
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describing, depicting, containing, constituting, reflecting, or recording
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TRADE SECRET
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whole or any part of any scientific or technical info, design, process, procedure, formula or improvement
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THEFT OF TRADE SECRET
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stealing a trade secret, file, makes copy of, communicates, transmits trade secret w/out consent
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PRESUMPTION OF THEFT BY CHECK OR SIMILAR SIGHT ORDER
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secured property by payment of check/debit/credit w/out sufficient funds
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UNAUTHORIZED USE OF A VEHICLE
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intentionally or knowingly operates another's boat, car, motor propelled vehicle w/out consent
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VALUE
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Fair market value of the property or service at the time of the offense, or cost of replacing w/in a reasonable time after offense
the value of documents: amount due and collectible at maturity less amount that has been satsified greatest amount of economic loss if cant be reasonably ascertained, between 500 and 1500 |
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AGGREGATION OF AMOUNTS INVOLVED IN THEFT
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if person steals stuff in one episode, amount can be aggregated to increase punishment
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TAMPERING WITH IDENTIFICATION NUMBERS
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intentionally or knowingly alters id #'s, serial #'s on property or selling property with invalid ID #'s
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THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFO SERVICES
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crime to steal any cable/internet services
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MANUFACTURE, DISTRIBUTION OR ADVERTISEMENT OF MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE
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sells stolen cable, internet devices, or services
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POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT
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possesses, sells, offers or distributes a shielding or deactivation device
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ORGANIZED RETAIL THEFT
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intentionally conducts, promotes, or facilitates, an activity in which the person receives, possesses, conceals, stores, barters, sells or disposes of,
stolen retail merchandise, or merchandise represented as stolen |
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UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION
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waiter scans your credit card with their own personal device in order to steal your info
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FORGE
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to alter, make, complete, execute, or authenticate any writing so that it purports to be the act of another
executed at a time or sequence other than was in fact the case to be a copy of an original when no original existed |
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COUNTERFEIT MARK
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mark that is identical to or substantially indistinguishable from a protected mark the use or production of which is not authorized by the owner of the protected mark
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IDENTIFICATION MARK
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a data plate, serial number, or part identification number
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PROTECTED MARK
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trademark, service mark or identification mark that is
registered with the secretary of state registered on the principal register of the US patent and trademark office registered under the laws of another state |
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FORGERY
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Alter, make any writing or copy or original document, create original when one never existed, money, credit cards, stamps, with intent to defraud/harm
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CRIMINAL SIMULATION
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Intent to defraud/harm, makes an item seem more valuable than it is, says something about being authentic when it is not
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TRADEMARK COUNTERFEIT
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Brands/symbols that are placed on materials w/out permission, with or w/out intent to sell
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CREDIT CARD OR DEBIT CARD ABUSE
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obtains a card that is not his/ expired or not with intent to sell or use it
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PROHIBITED WEAPONS
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intentionally or knowingly possesses, manufactures, transports, repairs or sells
an explosive weapon a machine gun short-barrel firearm firearm silencer knuckles armor-piercing ammunition chemical dispensing device zip gun tire deflation device |
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UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON
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person convicted of felony cannot possess
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SHORT BARREL FIREARM
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rifle with barrel length less than 16 inches, shotgun less than 18 inches, or both overall length less than 26 inches
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ILLEGAL KNIVES
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blade over 5.5 inches
hand instrument designed to cut or stab another by being thrown dagger, including but not limited to a dirk, stiletto and poniard, bowie knife sword spear |
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CLUB
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specifically designed, made, or adapted for the purpose of inflicting SBI or death by striking a person with the instrument, includes but not limited to
blackjack nightstick mace tomahawk |
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HOAX BOMB
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device that reasonably appears to be an explosive or incendiary device,
by its design causes alarm or reaction of any type of official of public safety or volunteer emergency agency |
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PROSTITUTION
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offers to, agrees to or engages in sexual conduct for a fee or
solicits another in a public place to engage with the person in sexual conduct for hire |
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PROMOTION OF PROSTITUTION
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acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly receives money or other property pursuant to agreement for postitution
solicits another to engage in sexual conduct with another person for compensation |
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AGGRAVATED PROMOTION OF PROSTITUTION
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knowingly owns or invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes
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COMPELLING PROSTITUTION
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knowingly causes another by force, threat, or fraud to commit prostitution or
causes a child by any means younger than 18 to commit prostitution regardless of whether the actor knows the age at time of offense |
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OBSCENE
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material or performance that
the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex: depicts or describes patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality or sexual representations lacks literary, scientific, artistic, or political value, |
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HARASSMENT
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with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:
makes an obscene comment, threatens in a manner to alarm, to inflict bodily injury or to commit a felony against the person or family member, property, makes a false report of death or SBI repeated phone calls sends repeated emails, texts, etc |
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DISRUPTING MEETING OR PROCESSION
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with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance
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FUNERAL SERVICE DISRUPTION
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during a period of three hours before and three hours after the service a person engages in picketing within 1000 feet of a facility or cemetery being used for a funeral service
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FALSE ALARM OR REPORT
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knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily cause action, place person in fear of imminent SBI, prevent or interrupt occupation
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INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE
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knowingly prevents someone from contacting 911
recklessly makes a 911 contact device unusable (phone, computer, text message, etc) |
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DISORDERLY CONDUCT
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Intentionally and knowingly uses vulgar language in a public place tending to incite an immediate breach of the peace
makes an offensive gesture causing breach of the peace stink bomb abuses or threatens a person in a public place noise greater than 85 decibels fighting in public discharges a firearm in a public place displays a firearm in a public place in a manner calculated to alarm discharges a firearm across a public road exposes genitals or anus in public reckless about who may be offended peeping tom |
