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58 Cards in this Set
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Sec.1.02 Objectives of Code
What is the general purpose of this Code? |
To establish a system of prohibitions, penalties, and correctional measure to deal with conduct.
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Sec. 1.02
How will this code insure public safety? |
Through deterrent, rehabilitation, punishment.
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Sec. 1.07 Definitions
"Act" means: |
a bodily movement, whether voluntary or involuntary and includes speech.
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Sec. 1.07 Definitions
"Actor" means: |
a 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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Sec. 1.07 Definitions
"Alcoholic Beverage" means; |
means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purpose, either alone or when diluted.
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Sec. 1.07 Definitions
"Bodily Injury" means; |
physical pain, illness, or any impairment of physical condition
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Sec. 1.07 Definitions
"Controlled substance" means; |
a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Groups 1, 1-A, or 2 through 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.
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Sec. 1.07 Definitions
"Deadly Weapon" means; |
A) 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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Sec. 1.07 Definitions
"Element of offense" means; |
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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Sec. 1.07 Definitions
"Possession" means; |
actual care, custody, control, or management.
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Sec. 2.01
Explain proof beyond a reasonable doubt and what must be proved for conviction? |
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.
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Sec. 3.01
"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. Offenses are committed pursuant to the same transaction, or two or more.
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Sec. 6.02
What are the 4 Culpable mental states listed in order from highest to lowest? |
1. Intentional
2. Knowing 3. Reckless 4. Criminal Negligence |
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Sec. 6.03 Definitions
"Intentionally" means; |
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 conscious objective or desire to engage in the conduct or cause a result.
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Sec. 6.03 Definitions
"Knowingly" means; |
a persons acts knowingly, or with knowledge, with respect to the nature of his conduct when he is aware of the nature of his conduct or that the circumstances exist. And his conduct is reasonably certain to cause the result.
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Sec. 6.02 Definitions
"Reckless" means; |
a person acts recklessly or is reckless, with respect to circumstances surrounding his conduct. 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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Sec. 6.02 Definitions
"Criminal Negligence" means; |
Acts with criminal negligence, 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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Chapter 8
What are the seven general defenses to criminal responsibility? |
8.01) Insanity
8.02) Mistake of Fact 8.03) Mistake of Law 8.04) Intoxication 8.05) Duress 8.06) Entrapment 8.07) Age Affecting Criminal Responsibility. |
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Sec. 8.01
Insanity |
is an affirmative defense 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.
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Sec. 8.02
Mistake of Fact |
It is a defense 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.
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Sec. 8.03
Mistake of Law |
a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
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Sec. 8.04
Intoxication |
a) Voluntary intoxication does not constitute a defense to the commission of crime.
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Sec. 8.05
Duress |
a) It is 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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Sec. 8.06
Entrapment |
Is a defense 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.
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Sec. 8.07
Age Affecting Criminal Responsibility |
a) A person may not be prosecuted for or convicted of any offense the the person committed when younger than 15 yrs of age except;
1) perjury or aggravated perjury 2) violation of a motor vehicle traffic ordinance 3) misdemeanor punishable by fine only 4) A capital felony or an offense under sec 19.02 c) No person may, in any case, be punished by death for an offense committed while the person was younger than 18 yrs. |
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Sec. 12.02
What are the two classification of offenses? |
Offenses are designated as felonies and misdemeanors.
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Sec. 12.03
What are the 3 classifications for misdemeanors and their penalties? |
Class A; up to 1 yr/ $4000.00
Class B; up to 180 days/ $2000.00 Class C; fine only/ $500.00 |
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Sec. 12.31
What is the penalty for a Capital Felony? |
life, life without parole, death
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Sec. 12.04
What are the 5 classification of felonies and their penalties? |
Capital felonies; Life/Death
Felonies of the 1st degree; 5 to 99 yrs/ $10,000.00 Felonies of the 2nd degree; 2 to 20 yrs/ $10,000.00 Felonies of the 3rd degree; 2 to 10 yrs/ $10,000.00 State Jail Felonies; 180 days to 2 yrs/ $10,000.00 |
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What is title 4 in the penal code?
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Inchoate Offenses.
"Inchoate" means; just begun not fully developed yet. |
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Chapter 15
List the 5 preparatory offenses? |
15.01. Criminal Attempt
15.02. Criminal Conspiracy 15.03. Criminal Solicitation 15.031. Criminal Solicitation of a minor 15.04 Renunciation Defense 15.05 No Offense |
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Sec. 15.01
Criminal Attempt |
a) Commits an offense if, with intent, does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
d) an offense is 1 category lower than the offense attempted. Ex. Attempted Burglary |
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Sec. 15.02
Criminal Conspiracy |
a) Commits criminal conspiracy if, with intent that a felony be committed:
1) Agrees with one or more persons. 2) he or 1 or more of them performs an overt act. d) Offense under this is 1 category lower than the most serious felony. Ex. Makes plans to commit a bank robbery. |
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Sec. 15.03
Criminal Solicitation |
Commits an offense if, with intent that a capital felony or felony of the 1st degree be committed.
Ex. Criminal Solicitation of Murder. |
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Sec. 15.031
Criminal Solicitation of a Minor |
Commits an offense if, person requests, commands, or attempts to induce a minor to engage in specific conduct.
Ex. Murder |
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Sec. 15.04
Renunciation Defense |
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, by taking further affirmative action that prevented the commission.
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Sec. 15.05
No Offense |
Attempt or Conspiracy to commit, or solicitation of, a preparatory offense defined in the chapter is not an offense
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Sec. 16.01
Unlawful Use of Criminal Instrument |
a) Commits an offense if:
1) possesses a criminal instrument with intent to use it in the commission of an offense; or Penalty under A-1) is one category lower than the offense intended. 2) Manufactures, adapts, sells, installs, or sets up a criminal instrument A-2) is a State jail felony. |
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PC Sec 16.03
Unlawful Use of Pen Register or Trap and Trace Device |
SJF; If person Knowingly installs or uses a pen register or trap & trace device.
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PC
What is Title 5? |
Offenses against the person.
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PC 19.01
What are the 4 types of Criminal homicide in order from highest offense to least? |
19.03 Capital Murder
19.02 Murder 19.04 Manslaughter 19.05 Criminally Negligent Homicide |
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PC 19.02
Murder |
1st Degree; Commits an offense if intentionally or knowingly causes the death of an individual. 1) course of and in furtherance of the commission or in immediate flight.
2nd Degree; under the immediate influence of sudden passion arising. |
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PC 19.03
Capital Murder |
Life/Death; Person murders(peace officer, fireman, for remuneration, durning escaping form penal institution, while incarcerated, more than one, under 6 yrs. of age, a judge or justice of supreme court) or durning the commission of kidnapping, burglary, robbery, agg. sexual assault, arson, obstruction or retaliation, or terroristic threat.
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PC 19.04
Manslaughter |
2nd degree; if a Person commits an offense and recklessly causes the death of an individual.
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PC 19.05
Criminally Negligent Homicide |
SJF; Commits an offense if causes the death of an individual by Criminal Negligence.
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PC Chap 20
What are the 4 offenses under kidnapping and unlawful restraint? |
20.02 Unlawful Restraint
20.03 Kidnapping 20.04 Aggravated Kidnapping 20.05 Unlawful Transport. |
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PC 20.01 Definitions
"Restrain" means; |
"Restrain" means; to restrict a person's movements without consent, so as to interfere substantially with the person's liberty.
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PC 20.01 Definitions
"Abduct" means; |
"Abduct" means; to restrain a person with intent to prevent his liberation by:
1) secreting or holding them in a place where he is not likely to be found; or 2) using or threatening to use deadly force. |
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PC 20.01 Definitions
"Relative" means; |
"Relative" means; a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
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PC 20.02
Unlawful Restraint |
Class A; Intentionally or Knowingly restrains another person.
1) younger than 14 (relative) SJF: if child younger than 17 3rd degree; If exposes victim to risk of serious bodily injury. |
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PC 20.03
Kidnapping |
3rd degree; Intentionally or knowingly abducts another person.
b) Affirmative defense that; 1) not coupled to use deadly force 2) Was a relative of the person abducted |
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PC 20.04
Aggravated Kidnapping |
1st degree; Intentionally or knowingly abducts another with intent to;
1) Hold for ransom or reward 2) As a shield or hostage 3) inflicted bodily injury; abuse sexually 4) Exhibits a deadly weapon durning the commission. 2nd degree; if voluntarily released the victim in a safe place. |
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PC 20.05
Unlawful Transport |
SJF; commits an offense if the person for pecuniary benefit transports a person in manner that;
1) To conceal person from local, state, or federal law enforcement. 2) creates a substantial likelihood that serious bodily injury or death will occur to that person. |
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PC 20.01 Definitions
"Relative" means; |
"Relative" means; a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
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PC 20.02
Unlawful Restraint |
Class A; Intentionally or Knowingly restrains another person.
1) younger than 14 (relative) SJF: if child younger than 17 3rd degree; If exposes victim to risk of serious bodily injury. |
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PC 20.03
Kidnapping |
3rd degree; Intentionally or knowingly abducts another person.
b) Affirmative defense that; 1) not coupled to use deadly force 2) Was a relative of the person abducted |
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PC 20.04
Aggravated Kidnapping |
1st degree; Intentionally or knowingly abducts another with intent to;
1) Hold for ransom or reward 2) As a shield or hostage 3) inflicted bodily injury; abuse sexually 4) Exhibits a deadly weapon durning the commission. 2nd degree; if voluntarily released the victim in a safe place. |
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PC 20.05
Unlawful Transport |
SJF; commits an offense if the person for pecuniary benefit transports a person in manner that;
1) To conceal person from local, state, or federal law enforcement. 2) creates a substantial likelihood that serious bodily injury or death will occur to that person. |
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