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40 Cards in this Set
- Front
- Back
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a person acts ______ with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
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intentionally
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A person acts ______when he is aware of the nature of his conduct or that the circumstances exist.
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knowingly
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A person acts _______with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
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recklessly
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A person acts ______with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur
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criminal negligence
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failure to act_______
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omission
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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:
(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; or (2) the offenses are the repeated commission of the same or similar offenses. |
criminal episode
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The prosecuting attorney must negate the existence of an _______ 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 exception.
(c) This section does not affect exceptions applicable to offenses enacted prior to th |
exception
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_________ includes consent by a person legally authorized to act for the owner. Consent is not effective if:
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Effective consent"
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Element of offense" means:
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(A) the forbidden conduct;
(B) the required culpability; (C) any required result; and (D) the negation of any exception to the offense. |
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means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
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Individual
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means an individual, corporation, or association.
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Persons
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means 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 electronic debit, or an automatic bank draft.
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Sight Order
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includes, for an individual who is an unborn child, the failure to be born alive.
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Death
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Is insanity an affirmative defense
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yes
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Is mistake of fact a defense to prosecution
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yes
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Is mistake of law a defense to prosecution
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no
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Voluntary intoxication does/ does not constitute a defense to the commission of crime.
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does not
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Is duress an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.
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yes
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Is Entrapment a defense to prosecution
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yes
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No person may, in any case, be punished by death for an offense committed while the person was younger than __ years.
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18
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class A punishment
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no more than 4,000 or 1 year in jail or both
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class B punishment
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no more than 2,000 or 180 days in jal or both
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1st degree felony
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5-99 years and 10,000
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2nd degree felony
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2-20 years and 10,000
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3rd degree felony
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2-10 years and 10,000
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State jail felony
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2yrs to 180 days and 10,000
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Can the court reduce the punishment for a state jail felony to a class a misd
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yes
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Criminal Solicitation only deals with which two levels of offenses
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Capital Felony or Felony of First degree
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Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is not an offense. Chapter 15 Penal Code Prep Offenses true or false
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true
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Sec. 49.04. DRIVING WHILE INTOXICATED
If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of |
6 days
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Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER
A person commits an offense if: (1) the person is intoxicated while operating a motor vehicle in a public place; and (2) the vehicle being operated by the person is occupied by a passenger who is younger than ___ years of age. (b) An offense under this section is a _____ |
15 SJF
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Sec. 49.05. FLYING WHILE INTOXICATED
Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of____ Also the same for boating while intoxicated. And the amusement ride |
72 hours
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49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED.
if open container the minimum confinement is |
6 days
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Intoxication assault is a felony
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third degree if it is enhanced it is a second degree felony
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Intoxication manslaughter is a felony
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second degree if it is enhanced it is a first
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ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.
must commit one or more of the following offenses. |
murder, capital murder, arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, forgery, deadly conduct, assault punishable as a Class A misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor vehicle;
(2) any gambling offense punishable as a Class A misdemeanor; (3) promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution; (4) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons; (5) unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception; (6) any unlawful wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same; (7) any offense under Subchapter B, Chapter 43, depicting or involving conduct by or directed toward a child younger than 18 years of age; (8) any felony offense under Chapter 32; (9) any offense under Chapter 36; (10) any offense under Chapter 34 or 35; (11) any offense under Section 37.11(a); (12) any offense under Chapter 20A; (13) any offense under Section 37.10; or (14) any offense under Section 46.06(a)(1) or 46.14. |
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sexual offenses
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homo conduct
public lewdness indecent exposure indecency with a child improper relationship student and educator improper photographing or video recording |
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assaultive offenses
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assault
agg assault sex assault agg sex assault ingury to child/elderly/disabled abandoning a child or endangering deadly conduct terror threat aid suicide tamper w consumer product leave child in a vehicle harrasment by persons in correctional institute, or peace officer |
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offenses against the family
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bigamy
prohibited sexual conduct interference child custody agreement to abduct from custody enticing a child criminal non support harboring a runaway sale or purchase of a child advertising for placeemnt of a child interference with right of guardian of hte person continous violence against person |
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disorderly conduct
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riot
obstruct highway or passage way abuse of corpse cruelty to all animals dog fighting discharge of firearm in certain municipality use of laser pointer |
