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54 Cards in this Set
- Front
- Back
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what are the culpable mental states |
1) intentional 2) knowing 3) reckless 4) criminal negligence |
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Class A misd Class B misd Class C misd |
A. fine no more than 4k conf. not to exceed 1yr B. fine no more than 2k conf. not to exceed 180 days C. fine not to exceed $500 (a and b can be both fine and confinement) |
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1st Degree Felony 2nd Degree Felony 3rd Degree Felony St Jail Felony |
1st 10k or less. term not more than 99 yrs or < 5 2nd 10k or less. term not more than 20 yrs or <2 3rd 10k or less. term not more than 10 yrs or <2 STJ 10k or less. term not more than 2 yr or <180 |
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Criminal Instruments |
( PC 16.01) Means anything, the possession, manufacture, or sale of which is not otherwise an offense. |
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murder |
(PC 19.02) (1)adequate cause- cause that creates anger, rage, resentment, or terror(render mind incapable of cool reflection (2) sudden passion- arising out of provocation -intentional/knowing intends to cause seriously bodily injury or commits a felony or commits a felony arising from immediate flight |
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Capital murder |
(PC 19.03) Murders: peace officer, during a kidnapping, burglary, robbery, agg. sex assault, arson, obstruction/retaliation or terroristic threat. promise for remuneration/ promise of remuneration. |
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Manslaughter |
(PC 19.04) A person recklessly causes the death of a n individual (felony of the 2nd degree) |
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Criminally Negligent Homicide |
(PC 19.05) Person commits an offense if he cause the death of an individual by criminal negligence. (state jail felony) |
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unlawful restraint |
(PC 20.02) intentionally or knowingly restrains another person (class A) except: -child younger than 14 yr - (STJ) child younger 17 -(F3rd) recklessly exposes the victim to a substantial risk of serious bodily injury |
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Kidnapping |
(PC 20.03) A person commits an offense if he intentionally or knowingly abducts another person. (F3rd) -(AD) not coupled w/ or threatened deadly force
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public lewdness |
(PC 21.07) engages in any act in public; or reckless of where it is done: (class A) -sexual intercourse/deviate -act of sexual contact -act involving contact between persons mouth, genitals, and the anus w/ animal or fowl
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Indecent exposure |
(PC 21.08) person commits an offense if he 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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Assault |
(PC 22.01) (class A) person commits an offense if the person: Intentional/knowingly causes bodily injury to another including persons spouse -threatens -causes physical contact knowing offensive or provocative (F3rd) for public servant on duty -applies pressure throat or neck by blocking air ways
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Sexual Assault |
Intentionally or knowingly: causes the penetration of the anus or sexual organ or mouth of another person by any means , W/out consent -Causes the penetration of a child by any means -or causes the sexual organ of a child to contact or penetrate *its also an offense to compel a person to participate by using threat of physical force or violence. unconscious or physically unable to resist -actor knows that the other person suffers from mental disease or defect -or is unaware the sexual assault is occurring -administering a substance w/out the other person knowledge
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Aggravated Assault |
-Causes serious bodily injury to another including person's spouse -uses or exhibits a deadly weapon during the commission of the assault during the commission of the assault and causes serious bodily injury to a person whose relationship to or an association with the defendant -committed by a public servant acting under color -against a person knowing is a public servant -in retaliation -against a person the actor knows is a security officer or is in a motor vehicle -knowingly discharges a firearm at or in the direction of a habitation, building or vehicle - reckless as to whether the the building is occupied -discharging the firearm and causing SB injury |
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Aggravated Sexual Assault |
IF the person intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means w/out consent -any child by any means -Causes serious bodily injury or attempts to cause death & kidnapping -If the victim is younger than 14 yrs of age -victim is an elderly individual or disabled Min term is increased 25 yrs if victim younger than 6 or younger than 14 |
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Deadly Conduct |
A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury -IF he knowingly discharges a firemarm at or in the direction of one or more individuals or a habitation, building or vehicle is occupied -recklessly points a firearm at or in the direction of another if discharged |
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Terroristic Threat |
A person commits an offense if he threatens to commit any offense involving violence any person o property with intent to: -cause a reaction -place any person in fear -prevent or interrupt the occupation -cause impairment or interruption of public communication, transportation, -place the public in fear of serious bodily injury if against a family member or public servant. Or causes pecuniary loss of $1,500 if family or Family violence |
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Leaving a child in a vehicle |
If intentionally or knowingly leaves a child in a motor vehicle for longer than 5 minutes nowting that the child is younger than 7 yrs of age vehicle was unattended by someone 14 yrs of age or higher |
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Arson |
Person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage: -any structure (building, habitation, or vehicle) -knowing it is within the limits of a city or town -knowing it is insured & subject to mortgage and security interest -property belonging to another *person recklessly cause an explosion while manufacturing or attempting to manufacture a controlled substance. if serious bodily injury or death -is a habitation or place of worship |
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Criminal Mischief |
Intentionally or knowingly destroys tangible property, tampers with or makes markings on property pecuniary loss is <$50 pecuniary loss is <$50 but >$500 pecuniary loss is <$500 but>$1500 $1500 or more but less than $20,000 |
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Reckless Damage or Destruction |
Person commits an offense if, w/out consent he recklessly damages or destroys property of the owner |
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Graffiti |
pecuniary loss is less than $500 pecuniary loss is less than $1500 pecuniary loss is less than $20,000 |
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Robbery |
In the course of committing theft causes bodily injury to another or places another in fear of imminent bodily injury or death |
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Aggravated Robbery |
Causes serious bodily injury to another exhibits a deadly weapon causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death if: 65 or older & or disabled |
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Burglary |
-Enters a habitation or a building w/ intent to commit a felony, theft or an assault -Remains concealed w/ intent -Or attempts if committed in a building if a habitation the premises are a habitation and any party to the offense entered he habitation w/ intent to commit a felony or than F theft |
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Burglary of coin-operated or coin collection machines |
breaks or enters into any coin-operated machine |
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Burglary of Vehicles |
w/out consent breaks into a vehicle or any part of a vehicle with intent to commit any felony or theft. min term of 6 mos. if previously convicted if convicted 2 or more times |
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Criminal Trespass |
person enters or remains on or in property of another w/out effective consent: Had notice that the entry was forbidden received notice to depart but failed to do so
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Theft |
Unlawfully appropriates property w/ intent to deprive the owner of property. -w/out consent -property is stolen/ actor appropriates the property knowingly less than $50/$20 hot check less than$500<$50/$20>$500 HC less than$1500<$500 less than $20k<$1500 |
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Theft of service |
Commits theft of service if intent to avoid payment for service that the actor knows is provided only for compensation -secures performance of service by deception -having control over the disposition of services -having control of personal property under a written rental agreement, actor holds beyond expiration of agreement -secures the performance of the service by agreeing to provide compensation and fails to make payment - |
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Unauthorized Use of a vehicle |
A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle w/out the effective consent of the owner. |
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Forgery |
To alter, make, complete, execute, or authenticate any writing so that it purports: -Writing printing or any other method of recording information: money, coins, tokens, stamps, credit cards, badges, trademarks & symbols of value |
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Stealing or Receiving Stolen Checks or Similar Sight Order |
A person commits an offense if the person steals an unsigned check or similar sight order or w/ knowledge that an unsigned check or similar sight order has been stolen |
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Credit Card or Debit Card Abuse (PC 32.31) |
A person commits an offense if: -with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card w/ knowledge that -is used w/out the owners consent -with intent obtain a benefit/receives a benefit -steals a credit card, or has knowledge it has been stolen -buys it from someone who is not the issuer -us |
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Obstruction or Retaliation |
A person commits an offense if he intentionally or knowingly harms or threatens to harm anoter by an unlawful act: -in retaliation for or on account of the service/status of another as a -public servant, witness, prospective witness, or informant -prevent/delay the service of another (listed above) -person who has reported or who the actor knows intends to report the occurrence of a crime |
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Perjury |
A person commits an offense if with intent to deceive and w/ knowledge of the statement's meaning -makes a false statement under oath/swears to the truth of a false statement previously made -makes a false unsworn declaration |
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Aggravated Perjury |
A person commits an offense if he commits perjury and the false statement: -is made during or in connection with an official proceeding -is material |
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False Report to Peace Officer |
A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation
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Tampering w/ or Fabricating Physical Evidence |
A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress: -alters, destroys, or conceals any record/document -uses any record, document, or thing w/ knowledge of its falsity and with intent to affect the course or outcome of an investigation |
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Impersonating Public Servant |
Impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts
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False Identification As Peace Officer; Misrepresentation of Property |
A person commits an offense if the person makes provides to another person or possesses a card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enfrocement officer |
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Failure to ID |
-A person commits an offense if he intentionally refuses to give his name, residence address, or DOB to a PO who has lawfully arrested the person and requested the info. -Gives false or fictitious name, residency/DOB -lawfully arrested -lawfully detained -PO has good reason to believe is a witness of a criminal offense if a fugitive a minor involved w/alcohol |
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Resisting Arrest, Search, or Transportation |
intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence |
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Evading Arrest or Detention |
intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him. if previously convicted, uses a vehicle and has not been previously convicted uses a vehicle and has been previously convicted/another suffers serious bodily injury from the direct result of fleeing if another suffers death as a direct result
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Taking or Attempting to Take Weapon from Peace Officer |
A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer |
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Interference with Public Duties |
With criminal negligence interrupts, disrupts, impedes, or otherwise interferes with: -A peace officer while performing a duty -A person who is employed to provide emergency medical services -A firefighter, -An animal under the supervision of a PO |
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Failure to Report Felony |
Observes the commission of a felony under circumstance in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and fails to report immediately |
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Disorderly Conduct |
A person commits an offense if he intentionally or knowingly -indecent,profane, vulgar language in public -makes an offensive gesture/display in public -a noxious and unreasonable odor in public -abuses or threatens a person in public -makes unreasonable noise in public -fights w/another -discharges a firearm in a public -displays a firearm or other deadly weapon |
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Riot |
assembly of 7 or more -creates an immediate danger of damage to property or injury to persons -obstructs law enforcement -by force, threat of force, physical action deprives any person of a legal right or disturbs any person *any person commits if he knowingly participates in a riot |
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Obstructing Highway or Other Passageway |
Person commits an offense if , w/out legal privilege or authority, intentionally, knowingly, or recklessly: -obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exits to which the public or a substantial group needs access -disobeys a reasonable request or order to move - |
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False Alarm or Report |
A person commits an offense if he 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 |
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Interference with Emergency Request for Assistance |
Prevents or interferes with another individual's ability to to call for help |
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Harassment |
A person commits an offense if, w/ intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: -initiates comm. & in the course makes comment, request, suggestion, or proposal that is obscene -Threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or 2 commit felony -A false report -Repeated calling/ not hanging up : to annoy, alarm, abuse, torment, embarrass, or offend if previously convicted |
