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50 Cards in this Set

  • Front
  • Back

TITLE 1. of the Texas Penal Code is ____ and contains chapters ____,____, and ____.

INTRODUCTORY PROVISIONS. CHAPTER 1. GENERAL PROVISIONS,CHAPTER 2. BURDEN OF PROOF, and CHAPTER 3. MULTIPLE PROSECUTIONS.

"Act" means

a bodily movement, whether voluntary or involuntary, and includes speech.

"Actor" means

a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "actor."

"Agency" includes

authority, board, bureau, commission, committee, council, department, district, division, and office.

"Another" means

a person other than the actor.

"Association" means

a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.

"Benefit" means

anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.

"Bodily injury"

means physical pain, illness, or any impairment of physical condition.

"Coercion" means

a threat, however communicated:

"Coercion" means a threat, however communicated: A, B,C, D, E, F?

(A) to commit an offense;(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.

"Conduct"

means an act or omission and its accompanying mental state.

"Consent" means

assent in fact, whether express or apparent.

"Controlled substance"

has the meaning assigned by Section 481.002, Health and Safety Code.

"Corporation" includes

nonprofit corporations, professional associations created pursuant to statute, and joint stock companies.

"Correctional facility"

means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:

"Correctional facility" means 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) a municipal or county jail;(B) a confinement facility operated by the Texas Department of Criminal Justice;(C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and(D) a community corrections facility operated by a community supervision and corrections department.

"Criminal negligence"

is defined in Section 6.03 (Culpable Mental States).

"Dangerous drug" has the meaning assigned by Section

483.001, Health and Safety Code.

"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.

"Drug" has the meaning assigned by Section

481.002, Health and Safety Code.

Effective consent" includes consent by

a person legally authorized to act for the owner.

"Effective consent" includes 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.

"Element of offense" means: abcd

(A) the forbidden conduct;(B) the required culpability;(C) any required result; and(D) the negation of any exception to the offense.

"Felony" means

an offense so designated by law or punishable by death or confinement in a penitentiary.

"Harm" means

anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.

"Individual" means

a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.

"Misdemeanor" means

an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.

"Oath"

includes affirmation.

"Official proceeding" means

any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.

"Omission"

means failure to act.

"Owner" means a person who: ab

(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or(B) is a holder in due course of a negotiable instrument.

Peace officer" means a person elected, employed, or appointed as a peace officer under Article

2.12,

"Penal institution" means

a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.

"Person" means

an individual, corporation, or association.

"Possession" means

actual care, custody, control, or management.

"Public place" means

any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

"Public servant" means

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:

Public servant" means 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: abcdef

(A) an officer, employee, or agent of government;(B) a juror or grand juror; or(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; or(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.

"Reasonable belief" means

a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

"Rule" includes

regulation.

"Serious bodily injury" means

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 or organ.

"Sight order" 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.

"Swear" includes

affirm.

"Death" includes,

for an individual who is an unborn child, the failure to be born alive.

Title 1 chapter 2 is?

CHAPTER 2. BURDEN OF PROOF

CHAPTER 2. BURDEN OF PROOF, what must be provided?

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.

Title 1 chapter 3 is?

CHAPTER 3. MULTIPLE PROSECUTIONS

CHAPTER 3. MULTIPLE PROSECUTIONS. "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,

"criminal episode" means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances: ab

(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.

When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall be pronounced. Except as provided by Subsection (b), the sentences shall run _________.

concurrently.