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40 Cards in this Set
- Front
- Back
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Title 2 _____? |
TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY |
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Title 2 CHAPTER 6= |
CHAPTER 6. CULPABILITY GENERALLY |
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Title 2's CHAPTER 6 sections= |
6.01. REQUIREMENT OF VOLUNTARY ACT OR OMISSION, 6.02. REQUIREMENT OF CULPABILITY, 6.03. DEFINITIONS OF CULPABLE MENTAL STATES, and 6.04. CAUSATION: CONDUCT AND RESULTS. |
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REQUIREMENT OF VOLUNTARY ACT OR OMISSION. abc? |
(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.(b) Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.(c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act. |
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REQUIREMENT OF CULPABILITY? |
a culpable mental state unless the definition plainly dispenses with any mental element. |
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Culpable mental states are classified according to relative degrees, from highest to lowest, as follows: 4 |
(1) intentional;(2) knowing;(3) reckless;(4) criminal negligence. |
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CAUSATION: CONDUCT AND RESULTS. |
A person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient. |
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Title 2 chapter 7= |
CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER |
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CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER = |
Guilty by association regardless of actual actor, SUBCHAPTER A. COMPLICITY, SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS. |
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Title 2 Chapter 8= |
GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY |
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INSANITY= |
(a) It 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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The term "mental disease or defect" does not include an abnormality manifested only by repeated ____ or otherwise antisocial ______. |
criminal, conduct |
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Title 2 Chapter 8= GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY contains the sections? 8 |
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, and 8.08. CHILD WITH MENTAL ILLNESS, DISABILITY, OR LACK OF CAPACITY. |
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MISTAKE OF FACT= |
(a) 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.(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed. Can be charged with lesser crime. |
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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.(b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:Can be charged with lesser crime. |
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8.04. INTOXICATION= |
(a) Voluntary intoxication does not constitute a defense to the commission of crime. |
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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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8.06. ENTRAPMENT= |
It 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. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. |
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8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY= |
(a) A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except: |
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(a) A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except: 7 |
(1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;(2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail;(3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state;(4) a misdemeanor punishable by fine only;(5) a violation of a penal ordinance of a political subdivision;(6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older; or(7) a capital felony or an offense under Section 19.02 for which the person is transferred to the court under Section 54.02(j)(2)(A), Family Code. |
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8.08. CHILD WITH MENTAL ILLNESS, DISABILITY, OR LACK OF CAPACITY= |
(a) On motion by the state, the defendant, or a person standing in parental relation to the defendant, or on the court's own motion, a court with jurisdiction of an offense described by Section 8.07(a)(4) or (5) shall determine whether probable cause exists to believe that a child, including a child with a mental illness or developmental disability:(1) lacks the capacity to understand the proceedings in criminal court or to assist in the child's own defense and is unfit to proceed; or(2) lacks substantial capacity either to appreciate the wrongfulness of the child's own conduct or to conform the child's conduct to the requirement of the law. |
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Title 2 chapter 9= |
JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY |
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9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON= |
Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person. |
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JUSTIFICATION GENERALLY Sec. 9.21. PUBLIC DUTY= |
conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process. |
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Sec. 9.22. NECESSITY= |
Conduct is justified if:(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear. |
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Sec. 9.31. SELF-Defense= |
a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary. was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used. |
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9.32. DEADLY FORCE IN DEFENSE OF PERSON= |
A person is justified in using deadly force against another:(1) if the actor would be justified in using force against the other under Section 9.31; and(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:(1) knew or had reason to believe that the person against whom the deadly force was used:(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);(2) did not provoke the person against whom the force was used; and(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat. |
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9.33. DEFENSE OF THIRD PERSON. |
A person is justified in using force or deadly force against another to protect a third person if:(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person. |
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9.34. PROTECTION OF LIFE OR HEALTH. |
(a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.(b) A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other's life in an emergency. |
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9.41. PROTECTION OF ONE'S OWN PROPERTY. |
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or(2) the other accomplished the dispossession by using force, threat, or fraud against the actor. |
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9.42. DEADLY FORCE TO PROTECT PROPERTY. |
A person is justified in using deadly force against another to protect land or tangible, movable property:(1) if he would be justified in using force against the other under Section 9.41; and(2) when and to the degree he reasonably believes the deadly force is immediately necessary:(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and(3) he reasonably believes that:(A) the land or property cannot be protected or recovered by any other means; or(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury. |
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9.43. PROTECTION OF THIRD PERSON'S PROPERTY. |
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or(2) the actor reasonably believes that:(A) the third person has requested his protection of the land or property;(B) he has a legal duty to protect the third person's land or property; or(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care. |
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9.44. USE OF DEVICE TO PROTECT PROPERTY. |
The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:(1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury; and(2) use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device. |
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Title 2 chpater 9 sub chapter SUBCHAPTER E is??? |
LAW ENFORCEMENT |
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SUBCHAPTER E. LAW ENFORCEMENT. 9.51. ARREST AND SEARCH. A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force (deadly or not) against another when?? |
Make arrest, search, prevent escape, believes arrest or search is lawful, ID self as police, citizens helping police, |
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SUBCHAPTER E. LAW ENFORCEMENT- Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of force to prevent the escape of an arrested person from custody is justifiable when |
the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility. |
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SUBCHAPTER E. LAW ENFORCEMENT- Sec. 9.53. MAINTAINING SECURITY IN CORRECTIONAL FACILITY. An officer or employee of a correctional facility is justified in using force against a person in custody when |
and to the degree the officer or employee reasonably believes the force is necessary to maintain the security of the correctional facility, the safety or security of other persons in custody or employed by the correctional facility, or his own safety or security. |
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SUBCHAPTER F. SPECIAL RELATIONSHIPS-Sec. 9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than 18 years is justified: |
(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents. |
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SUBCHAPTER F. SPECIAL RELATIONSHIPS- Sec. 9.62. EDUCATOR-STUDENT. The use of force, but not deadly force, against a person is justified: |
(1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and(2) when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group. |
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SUBCHAPTER F. SPECIAL RELATIONSHIPS-Sec. 9.63. GUARDIAN-INCOMPETENT. The use of force, but not deadly force, against a mental incompetent is justified: |
(1) if the actor is the incompetent's guardian or someone similarly responsible for the general care and supervision of the incompetent; and(2) when and to the degree the actor reasonably believes the force is necessary:(A) to safeguard and promote the incompetent's welfare; or(B) if the incompetent is in an institution for his care and custody, to maintain discipline in the institution. |
