Texas Penal Code

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1.05 Construction of Code

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The rule that a penal statute is to be strickly construed does not apply to this code. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code.

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3.01 Criminal Episode

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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 proeprty, 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

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2.03 Defense

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If the issue of the exitence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.

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2.04 Affirmative Defense

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if the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence.

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6.01 Voluntary Act or Omission

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A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.

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Possession

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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.

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Omission

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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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6.02 Requriement of Culpability

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If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element.

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6.02 Requirement of Culpability

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If the defeinition of an offense does not prescribe a culpable mental state, but one is nevertheless required, intent, knowledge, or recklessness suffices to establish criminal responsibility.

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Intent

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A person acts intentionally, or with intent, with respect to teh 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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Knowingly

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A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

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Recklessness

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A person acts recklessly, or is reckless, 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 exits or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's viewpoint.

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Criminal Negligence

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A person acts with criminal negligence, or is criminally negligent, with respect to the 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. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from teh standard of care that an ordinary person would exercise under all the circumstances as veiwed from the actor's standpoint.

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6.04(a) Causation

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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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6.04(b) Causation

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A person is nevertheless criminally responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated or risked is that: (1) a different offense was committed; or (2) a different person or property was injured or harmed, or otherwise affected.

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7.01(a) Parties to the Offense

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A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.

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7.01(b) Parties to the Offense

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Each party to an offense may be charged with commission of the offense.

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7.01(c) Parties to the Offense

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All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.

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7.02(a) Criminal Responsibility for Conduct of Another

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A person is criminally responsible for an offense committed by the conduct of another if: (1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense; (2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or (3) having a legal duty to prevent the commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent the commission of the offense.

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7.02(b) Criminal Responsibility for the Conduct of Another

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If, in the attempt to carry out a conspiracy to commit on felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.

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7.21 Agent

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Agent means a direcctor, officer, employee, or other person authorized to act in behalf of a corporation or association.

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7.21 High Managerial Agent

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High managerial agent means: (1) a partner in a partnership; (2) an officer of a corporation or association; (3) an agent of a corporation or association who has duties of such responsibility may be assumed to represent the policy of the corporation or association

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7.22(a) Criminal Responsibility of Corporation or Association

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If conduct constituting an offense is performed by an agent acting in behalf of a corporation or association and within the scope of his office or employement, the corproation or association is criminally responsible for an offense defined: (1) in this code where coporations and associations are made subject thereto; (2) by law other than this code in which a legislative purpose to impose criminal responsibility on corporations or associations plainly appears; or (3) by law other than this code for which strict liability is imposed, unless a legislative purpose not to impose criminal responsibility on corporations or associations plainly appear.

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7.22(b) Criminal Responsibility of Corporation or Association

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A corporation or association is criminally responsible for a felony offense only if it commission was authorized, requriested, commanded, performed, or recklessly tolerated by: (1) a majority of the governing board acting in behalf of the corporation or assocation; or (2) a high managerial agent acting in behalf of the corporation or association and within the scope of his office or employment

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7.23(a) Criminal Responsibility of person for Conduct in Behalf of Corporation or Association

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An individual is criminally responsible for conduct that he performs in the name of or in behalf of a corporation or association to the same extent as if the conduct were performed in his own name or behalf.

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7.23(b) Criminal Responsibility of person for Conduct in Behalf of Corporation or Association

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An agent having primary responsibility for the discharge of a duty to act imposed by law on a corporation or association is criminally responsible for omission to discharge the duty to the same extent as if the duty were imposed by law directly on him.

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7.23(c) Criminal Responsibility of person for Conduct in Behalf of Corporation or Association

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If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation or association, he is subject to the sentence authorized by law for an individual convicted of the offense.

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7.24 Defense of Criminal Responsibility of Corporation or Association

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It is an affirmative defense to prosecution of a corporation or association under 7.22(a)(1) or (a)(2) that some high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.

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8.01(a) Insanity

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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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8.01(b) Insanity

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The term mental disease or defect does not include an abnormality manifested only repeated criminal or otherwise antisocial conduct.

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8.02(a) Mistake of Fact

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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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8.02(b) Mistake of Fact

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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 which eh would be guilty if the fact were as he believed.

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8.03(a) Mistake of Law

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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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8.03(b) Mistake of Law

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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: (1) an official statement of law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or (2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.

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8.03(c) Mistake of Law

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Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offesen of which he would be guilty if the law were as he believed.

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8.04(a) Intoxication

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Voluntary intoxication does not constitute a defense to the commission of crime

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8.04(b) Intoxication

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Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.

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8.04(c) Intoxication

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When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.

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8.04(d) Intoxication

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For purposes of this section, intoxication means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

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8.05(a) Duress

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It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelleed to do so by threat of imminent death or serious bodily injury to himself or another.

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8.04(b) Duress

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In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because hwas complelled to do so by force or threat of force

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8.04(c) Duress

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Compulsion within the meaning of this section exists only fi the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure.

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8.04(d) Duress

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The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.

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8.04(e) Duress

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It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.

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8.05(a) Entrapment

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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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8.05(b) Entrapment

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In this section law enforcement agent includes personnel of the state and local law enforcment agencies as well as the US and any person acting in accordance with instructions from such agents.

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9.01 Deadly Force

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Force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing death or serious bodily injury.

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9.02 Justification as a Defense

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It is a defense to prosecution that the conduct in question is justified under this chapter.

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9.22 Necessity

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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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9.31(a) Self-defense

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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.

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9.31 Self-Defense. The actor's bliefe that the force was immediately necessary is presemed to be reasonable if the actor:

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(1) kenw or had reason to believe that the person against whom the 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 aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery; (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

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9.31(b) The use of force against another is not justified:

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(1) in response to verbal provocation alone; (2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistence is justified under subsection (c); (3) if the actor consented to the exact force used or attempted by the other; (4) if the actor provoked the other's use or attempted use of unlawful force, unless: (A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and (B) the other nevertheless continues or attempts to use unlawful force against the actor; or (5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with theo ther person while the actor was: (A) carrying a weapon in violation of 46.02; or (B) possession or transporting a weapon in violation of 46.05.

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9.31(c) The use of force to resist an arrest or search is justified if:

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(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's(or another's) use or attempted use of greater force than necessary

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9.31(d) Self-Defense

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The use of deadly force is not justified under this subchapter except as provided in 9.33 and 9.34

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9.31(e) Self Defense

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A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section

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9.31(f) Self Defense

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For purposes of subsection(a), in determining whether an actor described by subsection(e) reasonably believed that the use of force was necessary , a finder of fact may not consider whether the actor failed to retreat.

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9.32(a) Deadly Force in Defense of Person

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A person is justified in using deadly force against another: (1) if the actor would be justified in using force against another under section 9.32; 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.

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9.32(b) The actor' belief under (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

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(1) knew or had reason to belive that the person against whome 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 in (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 Class C traffic violation

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9.32 (c) Deadly force

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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 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

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9.32(d) Deadly force

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For purposes of (a)(2), indetermining whether an actor as described by (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

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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 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 thrid person.

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9.34(a) Protection of Life or Health

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A person si 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

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9.34(b) Protection of Life or Health

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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(a) Protection of One's Own Property

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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

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9.41(b) Protection of One's Own Property

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A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against another 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:

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(1) if he would be justified in using force against the other under 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 immeidately 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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15.01(a) Criminal Attempt

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A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.

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15.01(b) Criminal Attempt

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If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt

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15.01(c) Criminal Attempt

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It is no defense to prosecution for criminal attempt that the offense attempted was actually committed

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15.01(d) Criminal Attempt

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An offense under this section is one category lowe rthan the offesnse attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor

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15.02(a) Criminal Conspiracy

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A person commits criminal conspriacy if, with intent that a felony be committed: (1) he agrees with one or more person that they or one or more of them engage in conduct that would constitute the offense; and (2) he or one or more of them performs an overt act in pursuance of the agreement.

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15.02(b) Criminal Conspiracy

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An agreement constituting a conspiracy may be inferred from acts of the parties

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15.03(c) Criminal Conspiracy

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It is no defense to prosecution for criminal conspiracy that: (1) one or more of the coconspirators is not criminally responsible for the object offense; (2) one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted; (3) one or more fo the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution; (4) the actor belongs to a class of persons that by definition of hte object offense is legally incapable of committing the object offense in an individual capacity; or (5) the object offense was actually committed.

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15.03(d) Criminal Conspiracy

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An offense under this section is one category lowe rthan the offesnse attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor

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15.03(a) Criminal Solicitation

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A person commits an offense, if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission

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15.03(b) Criminal Solicitation

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A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on teh solicitation

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15.03(c) Criminal Solicitation

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It is no defense to prosecution under this section that: (1) the person solicited is not criminally responsible for the felony solicited; (2) the person solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or a different type or class of offense, or is immune from prosecution; (3) the actor belongs to a class of persons that by definition of the felony solicited is legally incapable of committing the offense in an individual capacity; or (4) the felony solicited was actually committed.

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15.04(a) Renunciation Defense

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It is an affirmative defense to prosecution under 15.01 that 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 or, if abandonment was insufficient to avoid commisssion of the offense by taking further affirmative action that prevented the commission.

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15.04(b) Renunciation Defense

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It is an affirmative defense to prosecution under 15.02 and 15.03 that under circumstances manifesting a voluntary and complete renunciation of his criminal objective the actor countermanded his solicitation or withdrew from the conspiracy before commission of the object offense and took further affirmative action that prevetned the commission of the object offense

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15.04(c) Renunciation is not voluntary if it is motived in whole or in part:

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(1) by circumstances not present or apparent at the inception of the actor's course of conduct that increase the probability of detection or apprehension or that make more difficult the accomplishment of the objective; or (2) by a decision to postpone the criminal conduct until another time or to transfer the criminal act to another but similar objective or victim

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15.04(d) Renunciation defense

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Evidence that the defendnat renounced his criminal objective by abandoning his criminal conduct, countermanding his solicitation, or withdrawing from the conspiracy before the criminal offense was committed and made substantial effort to prevent the commission of the object offense shall be admissible as mitigation at the hearing on punishment if he has been found guilty of criminal attempt, criminal solicitation, or criminal conspriacy; and in the event of a finding of renunciation under this subsection, the punishment shall be one grade lower than that provided for the offense committed

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15.05 No Offense

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Attempt or conspiracy to commit, or solicitation of a preparatory offense defined in this chapter is not an offense

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19.01 Types of Criminal Homicide

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(a) a person commits criminal homicide if he intentionally, knowingly, recklessly, or wtih criminal negligence causes the death of an individual. (b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.

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19.02(a) Adequate Cause

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Adequate cause means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary tempter, sufficient to render the mind incapable of cool reflection

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19.02(a) Sudden Passion

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Sudden passion means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

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19.02(b) Murder

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A person commits an offense if he: (1) intentionally or knowingly causes the death of an individual; (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or (3) commits or attempt to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual

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19.02(c) Murder

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Except as provided in (d), an offense under this section is a felony of the first degree

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19.02(d) Murder

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At the punishment stage of trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from adequate cause. If the defendant proves the issue in teh affirmative by a preponderance of the evidence, the offense is a felony of the second degree

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19.03 Capital Murder. A person commits an offense if the person commits murder and:

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(1) the person murder a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; (2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assualt, arson, obstruction or retaliation, or terroristic thrreat; (3) the perosn commits the murder for remuneration or the promise of renumeration or employs another to commit the murder for remuneration or the promise of renumeration; (4) the person commits the murder while escaping or attempting to escape from a penal institution; (5) the person, while incarcerated in a penal institution, murder another: (A) who is employed in the operation of the penal institution; or (B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination; (6) the person (A) while incarcerated for an offense under this section or 19.02, murders another; or (B) while serving a sentence of life imprisonment or a term of 99 years for an offense under 20.04, 20.021, or 29.03, murders another; (7) the person murders more than one person: (A) during the same criminal transaction; or (B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; (8) the person murders an individual under six years of age; or (9) the person murder another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, etc.

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19.04 Manslaughter

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A person commits an offense if he recklessly causes the death of an individual

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19.05 Criminally Negligent Homicide

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A person commits an offense if he causes the death of an indivdiual by criminal negligence.

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20.01 Restrain

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Restrain means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to anther or by confining the person.

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20.01 Restraint is without consent if it is accomplished by

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(A) force, intimidation, or deception; or (B) any means, including acquiescence of the victim if; (i) the victim is a child who is less than 14 year of age or an incompetent person and the parent, guardian, or person or insitution acting in loco parentis has not acquiesced in the movement or confinement; or (ii) the victim is a child who is 14 years of age or older and younger than 17, the vitim is taken outside of the state and outside a 120 mile radius from the victim's resident, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement

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20.01 Abduct

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Abduct means to restrain a person with intent to prevent his liberation by: (A) secreting or holding him in a place where he is not likely to be found; or (B) using or threatening to use deadly force.

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20.03(a) Kidnapping

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A person commits an offense if he intentionally or knowingly abducts another person

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20.03(b) Kidnapping

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It is an affirmative defense to prosecution under this section that: (1) the abduction was not coupled with intent to use or threaten to use deadly forcel; (2) the actor was a relative of the person abducted; and (3) the actor's sole intent was to assume lawful control of the victim.

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20.04(a) Aggravated Kidnapping

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A person commits an offense if he intentionally or knowingly abducts another person with the intent to: (1) hold him for ransome or reward; (2) use him as a shield or hostage; (3) facilitate the commission of a felony or the flight after the attempt or commission of a felony; (4) inflict bodily injury on him or violate or abuse him sexually; (5) terrorize him or a third person; or (6) interfere with the performance of any governmental or political function.

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20.04(b) Aggravated Kidnapping

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A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense

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20.04(d) Aggravated Kidnapping

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At the punishment stage of trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

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22.01(a) Assault. A person commits an offense if the person:

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(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; (3) intentionally or knowingly causes physical contact with another whent he person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

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22.011(a) Sexual Assault. A person commits an offense if the person:

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(1) intentionally or knowingly; (A) causes the penetration of the anus or sexual organ of another by any means, without that person's consent; or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the acotr; (D) causes the anus of a child to contact the mouth, anus, or sexual organ ofanother person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

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22.011(b) Sexual Assault. A sexual assault under 22.011(a) is without consent of the other person if:

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(1) the actor compels the other person to submit or participate by the use of physical force or violence; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5)the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally imparied the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other.

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22.011(e) It is an affirmative defense to prosecution that:

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(1) the actor was not more than 3 years older than the victim and at the time of the offense: (A) was not required to register for life as a sex offender; or (B) was not a person who had a reportable conviction or adjudication for an offense under this section; and (2) the victim: (A) was a child of 14 years of age or older; and (B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married

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22.02(a) Aggravated Assault

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A person commits an offense if the person commits assault as defined in 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault.

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22.021(a) Aggravated Sexual Assault. A person commits an offense:

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(1) if the person:

(A) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child by any means;

(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;

(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B) the victim is younger than 14 years of age; or

(C) the victim is an elderly individual or a disabled individual.

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22.021(d) Aggravated Sexual Assault.

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The defense provided by 22.011(d) applies to this section.

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28.01 Habitation

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A structure or vehicle that is adapted for overnight accommodation of persons and includes:

(A) each separately secured or occupied portion of the structure or vehicle; and

(B) each structure appurtenant to or connected with teh structure or vehicle

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28.02(a) Arson

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(a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

(1) any vegetation, fence, or structure on open-space land; or

(2) any building, habitation, or vehicle:

(A) knowing that it is within the limits of an incorporated city or town;

(B) knowing that it is insured against damage or destruction;

(C) knowing that it is subject to a mortgage or other security interest;

(D) knowing that it is located on property belonging to another;

(E) knowing that it has located within it property belonging to another; or

(F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

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28.02 (a-1) Arson

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A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.

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28.02(b) Arson

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It is an exception to the application of Subsection (a)(1) that the fire or explosion was a part of the controlled burning of open-space land.

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28.03(a) Criminal Mischief

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A person commits an offense if, without the effective consent of the owner:

(1) he intentionally or knowingly damages or destroys the tangible property of the owner;

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or

(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

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29.02 Robbery

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(a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:

(1) intentionally, knowingly, or recklessly causes bodily injury to another; or

(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

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29.03 Aggravated Robbery

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(a) A person commits an offense if he commits robbery as defined in Section 29.02, and he:

(1) causes serious bodily injury to another;

(2) uses or exhibits a deadly weapon; or

(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:

(A) 65 years of age or older; or

(B) a disabled person.

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30.02(a) Burglary

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A person commits an offense if, without the effective consent of the owner, the person:

(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or

(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or

(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

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30.02(b) Burglary. Enter means to intrude:

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For purposes of this section, "enter" means to intrude:

(1) any part of the body; or

(2) any physical object connected with the body.

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31.01 Deception

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"Deception" means:

(A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true;

(B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true;

(C) preventing another from acquiring information likely to affect his judgment in the transaction;

(D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or

(E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

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31.01 Deprive

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"Deprive" means:

(A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner;

(B) to restore property only upon payment of reward or other compensation; or

(C) to dispose of property in a manner that makes recovery of the property by the owner unlikely.

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31.01 Effective Consent includes consent by a person legally authorized to act for the owner. Consent is not effective if:

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(A) induced by deception or coercion;

(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 property dispositions;

(D) given solely to detect the commission of an offense; or

(E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.

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31.02 Consolidation of Theft Offenses

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Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.

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31.03(a) Theft

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A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

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31.03(b) Appropriation is unlawful if:

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(1) it is without the owner's effective consent;

(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or

(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

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31.01 Property

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"Property" means:

(A) real property;

(B) tangible or intangible personal property including anything severed from land; or

(C) a document, including money, that represents or embodies anything of value.

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31.04(a) Theft of Service

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A person commits theft of service if, with intent to avoid payment for service that he knows is provided only for compensation:

(1) he intentionally or knowingly secures performance of the service by deception, threat, or false token;

(2) having control over the disposition of services of another to which he is not entitled, he intentionally or knowingly diverts the other's services to his own benefit or to the benefit of another not entitled to them;

(3) having control of personal property under a written rental agreement, he holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or

(4) he intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make payment after receiving notice demanding payment.

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31.04(b) Intent to avoid payment is presumed if:

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(1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments;

(2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment;

(3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; or

(4) the actor failed to return the property held under a rental agreement:

(A) within five days after receiving notice demanding return, if the property is valued at less than $1,500; or

(B) within three days after receiving notice demanding return, if the property is valued at $1,500 or more.

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31.07 Unauthorized Use of a Vehicle

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(a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.

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38.05(a) Hindering Apprehension or Prosecution

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(a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:

(1) harbors or conceals the other;

(2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or

(3) warns the other of impending discovery or apprehension.

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49.04 Driving While Intoxicated

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(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

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49.08 Intoxication Manslaughter

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(a) A person commits an offense if the person:

(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and

(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

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49.11 Proof of Mental State Unnessary

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(a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter.

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Rule 412. Rape Shield Law. Reputation or Opinion Evidence.

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--In a prosecution for sexual assault or aggravated sexual assault, or attempt to commit sexual assault or aggravated sexual assault, reputation or opinion evidence of the past sexual behavior of an alleged victim of such crime is not admissible.

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Rule 412. Rape Shield Law. Evidence of Specific Instances

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In a prosecution for sexual assault or aggravated sexual assault, or attempt to commit sexual assault or aggravated sexual assault, evidence of specific instances of an alleged victim's past sexual behavior is also not admissible, unless: (1) such evidence is admitted in accordance with paragraphs (c) and (d) of this rule; (2) it is evidence: (A) that is necessary to rebut or explain scientific or medical evidence offered by the State; (B) of past sexual behavior with the accused and is offered by the accused upon the issue of whether the alleged victim consented to the sexual behavior which is the basis of the offense charged; (C) that relates to the motive or bias of the alleged victim; (D) is admissible under Rule 609; or (E) that is constitutionally required to be admitted; and (3) its probative value outweighs the danger of unfair prejudice.

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Rule 412. Rape Shield Law. Procedures for Offering Evidence.

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If the defendant proposes to introduce any documentary evidence or to ask any question, either by direct examination or cross-examination of any witness, concerning specific instances of the alleged victim's past sexual behavior, the defendant must inform the court out of the hearing of the jury prior to introducing any such evidence or asking any such question. After this notice, the court shall conduct an in camera hearing, recorded by the court reporter, to determine whether the proposed evidence is admissible under paragraph (b) of this rule. The court shall determine what evidence is admissible and shall accordingly limit the questioning. The defendant shall not go outside these limits or refer to any evidence ruled inadmissible incamera without prior approval of the court without the presence of the jury.