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71 Cards in this Set

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PC 15.01
Criminal Attempt
PC 15.01

One category lower than the offense attempted
PC 15.02
Criminal Conspiracy
PC 15.02

Variable penalty

An offense under this section is one category lower than the most
serious felony that is the object of the offense.
PC 15.03
Criminal Solicitation
PC 15.03

Felony of the 1st degree if the offense solicited is a
capital offense; or

Felony of the 2nd degree if the offense solicited is a
felony of the 1st degree.
PC 15.031
Criminal solicitation of a minor
PC 15.031

One category lower than the
solicited offense.
PC 16.01
Use of criminal instrument
PC 16.01

One category lower than offense intended if he possesses a criminal instrument with the intent to use it in thecommission of an offense

SJF if with knowledge of its characted and with intent to use or aid or permit another to use in the
commission of an offense, he manufacturs, adapts, sells, installs,
or sets up a criminal instrument.
PC 16.06
Installation of tracking device
PC 16.06

Class A misdemenaor if knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another.
PC 16.06
Installation of tracking device
PC 16.06

Class A Misdemeanor if knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another.
PC 19.02
Murder
PC 19.02

1st Degree Felony if intentionally cuases death of another.

2nd Degree Felony if under the immediate influence of sudden passion arising from an adequate cause.
PC 19.03
Capital Murder
PC 19.03

Capital felony if murders:
(1) peace officer or fireman in performance of duties;
(2) during course of kidnapping, burglary, robbery, aggravatued sexual assault, arson, obstruction or retaliation, terroristic threat;
(3) for renumeration or propmise of renumeration, employs another to commit murder;
(4) escaping or attempting to escape from penal institution.
(5) while incarcerated in penal institution murders employee of penal institution, or with intent ot establish, maintain or participate in a combinationor in profits of a combination;
(6) while incarcerated for murder, or serving a life or 99 year sentence;
(7) more than one person during same criminal transaction, or during different transactions but in pursuant to the same scheme or course of conduct;
(6) person under the age of 6 years.
PC 19.04
Manslaughter
PC 19.04

2nd degree felony if recklessly causes death of another.
PC 19.05
Criminally negligent homicide
PC 19.05.

SJF of causes death of another by criminal negligence.
PC 6.02

Culpable mental states classified according to relative degree from highest to lowest.
(1) Intentional
(2) Knowing
(3) Reckless
(4) Criminal Negligence
PC 6.02
If offense does not prescribe a culpable mental state, the least required degree of culability
Reckless is least degree of required culpability when not prescribed in an offense.
PC 6.03
Culpable mental states

Define Intentional.
Act intentionally, or with intent, with respect to nature of conduct or to a result of conduct when it is concious objective or desire to engage in conduct or cause the result.
PC 6.03
Cuplable mental states

Define Knowing
Act knowingly, or with knowledge, with respect to nature of conduct or to circumstances surrounding conduct when aware of the nature of conduct or that circumstances exist. Act knowingly, or with knowledge, with respect to a result of conduct when aware conduct is reasonably certain to the result.
PC 6.03
Culpable mental states

Define recklessly
Act recklessly, or is reckless, with respect to nature of conduct or to circumstances surrounding conduct when aware of but conciously diregards a substantial & unjustifiable risk that circumstances exist or result will occur. Risk must be of such nature & degree that its disregard consitutes a gross deviation from standard of care that an ordinary would exercise under all the circumstances.
PC 6.03
Culpable mental states

Define Criminal Negligence
Act criminal negligence, or is criminally negligent, with respect to circumstances surrounding conduct or result of conduct when he ought to be aware of a substantial & unjustifiable risk that circumstances exist or result will occur. Risk must be of such nature & degree that its disregard consitutes a gross deviation from standard of care that an ordinary would exercise under all the circumstances.
PC 20.02
Unlawful restraint
PC 20.02

Class A Misdemeanor if intentionally of knowingly restrains another.

SJF if person restrained was child younger than 17 yoa

3rd degree Felony if
(A) actor recklessly exposes the victim to substantial risk of SBI;
(B) actor restrains an individual the actor knows is a public servant while they are lawfully discharging an
official duty or in retaliation against public servant; or
(C) actor, while in custody, restrains any other person.
PC 20.03
Kidnapping
PC 20.03

3rd degree felony if intentionally or knowingly abducts another
PC 20.04
Aggravated kidnapping
PC 20.04.

1st degree felony kidnaps another with intent to:
(1) hold for ransom or reward;
(2) use as a shield or hostage;
(3) facilitate commission of felony or flight after attempt/commission of felony;
(4) inflict bodily injury, violate or abuse sexually;
(5) terrorize him or another;
(6) interfere with performance of government or political function;
(7) uses or exhiibts a deadly weapon during commission of offense.

2nd degree felony if defendant proves during punishment stage he voluntarily released the victim in a safe place.
PC 20.05
Unlawful Transport
PC 20.05

SJF if for pecuniary benefit transport another in a manner that: is designed to conceal them from local, state, federal law enforcement authorities; creates substantial likelihood of suffering SBI or death.
PC 20A.02
Trafficking of persons
PC 20A.02

2nd degree felony if knowingly trafficks another.

1st degree felony if person trafficked younger than 14 years.
PC 21.06
Homosexual Conduct
PC 21.06

Class C Misdemeanor if engages in deviate sexual conduct with another of same sex.
PC 21.07
Public Lewdness
PC 21.07

Class A Misdemeanor if knowingly engages in followings act:
(1) sexual intercourse;
(2) deviate sexual intercourse;
(3) sexual contact;
(4) act involving contact between person's mouth or genitals and the anus or genital of an animal or fowl;
in public place, if not in public place is reckless about whether another is present who will be offended:
PC 21.08
Indecent Exposure
PC 21.08

Class B Misdemeanor if with the intent to arouse or gratify the sexual desire of any person: exposes anus or genitals and reckless about another is present who would be offended or alarmed.
PC 21.11
Indecency with a child
PC 21.11

2nd Degree Felony if engages in sexual contact with child or causes the child to engage in sexual contact

3rd Degree Felony if with the intent to arouse or gratify the sexual desire of any person: exposes his anus or genitals knowing the child is present, or causes the child to expose the child's anus or genitals.
PC 21.15
Improper photography or visual recording
PC 21.15

SJF is photographs or video tapes another without consent with nitent to arouse o0r gratify sexual desire of any person; or promotes same.
PC 22.011
Sexual Assault
PC 22.011

2nd Degree Felony if has sexual contact, sexual intercourse, deviate sexual intercourse with another without consent as a matter of legal age, unconcious, physically unable to resist, mental disease or defect, threats or use of force, or unaware assault is occuring.
PC 22.01
Assault
PC 22.01

Class A Misdemeanor if intentionally, knowingly, or recklessly causes
bodily injury to another

3rd Degree Felony if knows the victim is a public servant while performing official duties, or the person is a public servant in an exercise of official power; or against a family member if the defendant has been previously convicted of an offense under this section against a family member.

Class C Misdemeanor if intentionally or knowingly threatens another with
imminent bodily injury; causes physical contact wih another person when the person knows or should reasonable believe that the other will regard the contact as offensive or provocative.
PC 22.02
Aggravated Assault
PC 22.02

2nd Degree Felony if commits assault and causes SBI or; uses or exhibits a deadly weapon.

1st degree felony if the victim is a public servant discharging
official duties or in retaliation
PC 22.021
Aggravated Sexual Assault
PC 2.021

1st Degree Felony if:
(1) causes SBI or attempts to cause death of victim;
(2) places victim in fear of SBI, death, or kidnapping will be inflicted on anyone;
(3)Threatens victim with SBI, death, or kidnapping will be inflicetd on anyone;
(4) uses or exhibits a deadly weapon;
(5) acts in concert with another;
(6) administers rohypnol, GHB, or ketamine;
(7) victim younger than 14 yoa;
(8) victim is elderly (65 yoa or older) or disabled.
PC 22.041
Abandoning or Endangering child
PC 22.041

Abandons child younger than 15 years in place under circumstances that expose them to unresonable risk of harm.

SJF if had intent to return for the child

3rd degree felony if had no intent to return for the child

2nd Degree Felony if leaves the child in places that would cause them to be in imminent danger of bodily injury or death, physical or mental impairment
PC 22.015
Coercing, soliciting, or inducing gang membership
PC 22.015

With intent to coerce, induce or solicit a child to actively participate in activites of criminal street gang

SJF if threatens with imminent bodily injury.

3rd Degree Felony if causes bodily injury.
PC 21.12
Sexual relationship between educator and student
PC 21.12

2nd degree felony if engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a student (of any age) of primary or secondary school at which the actor is employed.
PC 22.04
INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL
PC 22.04

1st degree felony if intentionally, knowingly, by act or omission, causes to a child, elderly individual, or disabled individual:
(1) SBI
(2) serious mental deficiency, impairment, or injury;

2nd degree felony if done recklessly.

3rd degree felony if intentionally, knowingly causes bodily injury;

SJF is done recklessly.

SJF if with criminal negligence causes:
(1) SBI
(2) serious mental deficiency, impairment, or injury;
(3) bodily injury
PC 22.05
DEADLY CONDUCT
PC 22.05

Class A misdemeanor if recklessly engages in conduct that places another in imminent danger of serious bodily injury.

3rd degree felony if knowingly discharges a firearm at or in the direction of:
(1) one or more persons;
(2) habitation, building, or vehicle and is reckless as to whether they are occupied.
PC 22.07
TERRORISTIC THREAT
PC 22.07

Class B misdemeanor (Class A if family violence) if threatens to commit any offense involving violence to any person or property with intent to:

(1) cause a reaction of any type by an official or volunteer agency organized to deal with emergencies;

(2) place any person in fear of imminent SBI;

Class A misdemeanor if intent to:

(3) prevent or interrupt the occupation or use of a building, room or any public place

3rd degree felony if intent to:

(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;

(5) place the public or a substantial group of the public in fear of SBI;

(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state
PC 22.08
AIDING SUICIDE
PC 22.08

Aids or attempts to aid another to commit or attempt to commit suicide.

Class C misdemeanor; unless SBI occurs as result, then it is SJF.
PC 22.10
LEAVING A CHILD IN A VEHICLE.
PC 22.10

Class C misdemeanor if leaves child younger than 7 yoa, not attended by person of 14 yoa, in vehicle longer than 5 minutes.
PC 22.11
HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES
PC 22.11

3rd degree felony if causes the another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any person, or an
animal.
PC 25.01
BIGAMY
PC 25.01

Class A misdemeanor if legally married and purports to or does marry a person other than spouse; or lives with a person other than his spouse under appearance of being married
PC 25.02
PROHIBITED SEXUAL CONDUCT
PC 25.02

3rd degree felony if engages in sexual intercourse or deviate sexual intercourse with a person known to be:

(1) ancestor or descendant by blood or adoption
(2) stepchild or stepparent
(3) Aunt or uncle of the whole or half
blood
(4) brother or sister of the whole or half blood or by adoption
(5) Neice or nephew of the whole
or half blood or by adoption.
PC 25.03
INTERFERENCE WITH CHILD CUSTODY
PC 25.03

SJF if takes or retains a child younger than 18 years and knows that the it violates a judgment or order of a court.
PC 25.031

AGREEMENT TO ABDUCT FROM CUSTODY
PC 25.031

SJF
PC 25.04
ENTICING A CHILD
PC 25.04

Class B misdemeanor if intends to interfere with the lawful custody of
a child younger than 18 years, knowingly entices, persuades, or
takes child from custody of parent, guardian, or person standing in the stead.

3rd degree felony if actors intends to commit felony against child
PC 25.05
CRIMINAL NONSUPPORT
PC 25.05

SJF if you don't pay your child support.
PC 25.06
HARBORING RUNAWAY CHILD
PC 25.06

Class A misdemeanor if harbors a child and is criminally negligent about whether the child is younger than 18 years and has escaped from custody of peace officer, probation officer, TYC, detention facility for children, or is voluntarily absent from the child's home without the consent parent or guardian.
PC 25.07
VIOLATION OF PROTECTIVE ORDER OR MAGISTRATE'S ORDER
PC 25.07

Class A misdemeanor unless actor has two or more convictions for same offence, then enhance to 3rd degree felony.
PC 25.071
VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE
PC 15.071

Class A misdemeanor unless actor has two or more convictions for same offence, then enhance to 3rd degree felony.
PC 25.10
INTERFERENCE WITH RIGHTS OF GUARDIAN
PC 25.10

SJF if person takes, retains, or conceals a ward when the person knows that it interferes with a possessory
right with respect to the ward.
PC 28.02
ARSON
PC 28.02

2nd degree felony if starts a fire or causes an explosion with intent to destroy:
(1) any vegetation, fence, or structure on open-space land; or
(2) any building, habitation, or vehicle: knowing it is within city limits, or insured against damage or destruction, or subject to mortgage or security interset, or located on property of another, or contains property of another, or is reckless as to whether danger to life or property of another.

1st degree felony if bodily injury or death is suffered, or property is place of assembly or worship.
PC 28.03
CRIMINAL MISCHIEF
PC 28.03

Without effective consent damages property of another.

Class C misdemeanor if loss less than $50.
Class B misdemeanor if loss $50 to $500.
Class A misdemeanor if loss $500 to $1500.

SJF if loss $1500 to $20,000. Less than $1500 if damage occurs to habitation and caused by firearm or explosive weapon; or fence used to contain livestock.

3rd degree felony if loss $20,000 to $100,000.

2nd degree felony if loss $100,000 to $200,000.

1st degree felony if loss more than $200,000.
PC 28.04
RECKLESS DAMAGE OR DESTRUCTION
PC 28.04

Class C misdemeanor if without effective consent recklessly damages or destroys property of owner.
PC 28.07
INTERFERENCE WITH RAILROAD PROPERTY
PC 28.07

Class B misdemeanor if throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment.

Class C misdemeanor without effective consent enters or remains on railroad property.

tampers with railroad property; places an obstruction on a railroad track or right-of-way; causes derailment of a train, railroad car, or other railroad property:

Class C misdemeanor if (no)loss less than $20.

Class B misdemeanor if loss $20 to $500.

Class A misdemeanor if loss $500 to $1500.

SJF if loss $1500 to $20,000.

3rd degree felony if loss $20,000 to $100,000.

2nd degree felony if loss $100,000 to $200,000.

1st degree felony if loss more than $200,000.
PC 28.08
GRAFFITI
makes markings, inscriptions,
slogans, drawings, or paintings, on property of another with:
(1) aerosol paint;
(2) indelible marker;
(3) etching or engraving device

Class B misdemeanor if damage $500 or less.

Class A misdemeanor if damage $500 to $1500.

SJF if damage $1500 to $20,000. or school, institution of higher education, place of worship or human burial, public monument, or community center that provides medical, social, or educational programs

3rd degree felony if damage $20,000 to $100,000.

2nd degree felony if damage $100,000 to $200,000.

1st degree felony if damage more than $200,000.
PC 29.02
ROBBERY
PC 29.02

2nd degree felony if in course of committing theft causes bodily injury, or place another in fear of bodily injury or death.
PC 29.03
AGGRAVATED ROBBERY
PC 29.03

1st degree felony if commits robbery and:
(1) causes SBI to another;
(2) uses or exhibits a deadly weapon;
(3) victim is elderly or disabled.
PC 30.02
BURGLARY
PC 30.02

Enters or remains concealed in a building, or any portion of a building with the intent to commit: Theft; assault; any other felony.

SJF if not habitation.

2nd degree felony if habitation.

1st degree felony if habitation and intent was a felony other than theft.
PC 30.03
BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES.
PC 30.03

Class A misdemeanor if breaks into coin operated machine.
PC 30.04
BURGLARY OF VEHICLES
PC 30.04

Class A misdemeanor if breaks into or enters any part of a vehicle with intent to commit felony or theft.

SJF if vehicle is railcar.
PC 30.05
CRIMINAL TRESPASS
PC 30.05

Class B misdemeanor if enters or remains on property without effective consent, or refuses to leave:

Class C misdemeanor if on crop land.

Class A if habitation, superfund site, shelter center, or actor carries deadly weapon.
PC 30.06
TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN
PC 30.06

Class A misdemeanor if commits criminal trespass and is a CHL holder armed at the time.
PC 31.03
THEFT
PC 31.03

Unlawfully appropriates property with intent to deprive the owner
of property.

Class C misdemeanor if less than $50 ($20 with check).

Class B misdemeanor if $50 ($20 with check) to $500.

Class A misdemeanor if $500 to $1500.

SJF if $1500 to $20,000; from a person, grave or corpse; item stolen is firearm; two prior convictions; less than 10 head cattle, horses or exotic livestock/fowl; less than 100 sheep, swine, goats.

3rd degree felony if $20,000 to $100,000; more than 10 head cattle, horses or exotic livestock/fowl; more than 100 sheep, swine, goats.

2nd degree felony if $100,000 to $200,000.

1st degree felony if more than $200,000.
PC 31.04
THEFT OF SERVICE
PC 31.04

Commits theft of service if, with intent to avoid payment for service:

Class C misdemeanor if less than $20.

Class B misdemeanor if $20 to $500.

Class A misdemeanor if $500 to $1500.

SJF if $1500 to $20,000.

3rd degree felony if $20,000 to $100,000

2nd degree felony if $100,000 to $200,000.

1st degree felony if more than $200,000.
PC 31.07
UNAUTHORIZED USE OF A VEHICLE
PC 31.07

SJF if intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without effective consent.
PC 31.11
TAMPERING WITH IDENTIFICATION NUMBERS
PC 31.11

Class A misdemeanor if knowingly or intentionally removes, alters, or
obliterates the serial number or other permanent identification marking on tangible personal property.
PC 31.15 POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT
PC 31.15

Class A misdemeanor ir with intent to commit theft:

(1) possesses a shielding or deactivation instrument;

(2) manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument.
PC 32.21
FORGERY
PC 32.21

Class A misdemeanor if forges a writing with intent to defraud or harm another.

SJF if forgery is a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

3rd degree felony if forgery is part of an issue of money, securities, postage or revenue stamps; government record other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.
PC 32.22
CRIMINAL SIMULATION
PC 32.22

Class A misdemeanor if possesses, makes or alters an object, in whole or in part,so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have with intent to sell, pass, or otherwise utter it; or authenticates or certifies an object so made or altered as genuine or as different from what it is.
PC 32.24
STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER
PC 32.24

Class A misdemeanor if steals or receives an unsigned check or similar sight order with intent to use transfer or sell it to another, other than from whom it was stolen.
PC 32.31
CREDIT CARD OR DEBIT CARD ABUSE
PC 32.31

SJF