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23 Cards in this Set
- Front
- Back
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15.01 Criminal Attempt
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(a) With specific intent.
(b) To commit offense. (c) Performs act amounting to more than mere preparation. (d) Which tends, but fails, to effect commission of intended offense. |
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15.02(a) Criminal conspiracy
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(a) With intent.
(b) To commit felony. (c) Agrees with one or more persons. (d) That they, or one of them, engage in conduct constituting the offense. (e) Overt act performed in pursuance of agreement. |
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15.03(a) Criminal solicitation
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(a) With intent.
(b) That capital or first-degree felony be committed. (c) Requests, commands, or attempts to induce. (d) Another person. (e) To engage in specific conduct that would constitute the felony or make other person party to its commission. |
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19.02(b)(1) Murder
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(i) Intentional or knowing mental state.
(ii) Act causing death of individual. |
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19.02(b)(2) Murder
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(i) Mental state intending to cause serious bodily injury.
(ii) Commission of act clearly dangerous to human life. (iii) Death of individual resulting from act. |
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19.02(b)(3) Murder
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(i) Commission of or attempt to commit felony other than manslaughter, or lesser included offense.
(ii) Commission or attempt to commit act clearly dangerous to human life in course of and in furtherance of felony or in immediate flight from felony. (iii) Death of individual resulting from act. |
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19.03(a)(1) Capital Murder
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(i) Intentional or knowing mental state.
(ii) Act causing death of peace officer or firefighter acting in lawful discharge of official duty. (iii) Knowledge that victim is peace officer or firefighter. |
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19.03(a)(2) Capital Murder
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(i) Intentional or knowing mental state.
(ii) Act causing death of individual committed while committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, or retaliation. |
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19.03(a)(3) Capital Murder
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(i) Intentional or knowing mental state.
(ii) Remuneration or promise of remuneration. (iii) Act causing death of individual by committing murder or employing another to commit murder. |
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19.03(a)(4) Capital Murder
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(i) Intentional or knowing mental state.
(ii) Act causing death of individual while escaping or attempting to escape from penal institution. |
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19.03(a)(5) Capital Murder
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(i) Incarceration in penal institution.
(ii) Intentional or knowing mental state. (iii) Act causing death of individual employed in operation of penal institution; or (iv) Act causing death of individual with intent to establish, maintain, or participate in combination or profits of combination. |
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19.03(a)(6) Capital Murder
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(i) Intentional or knowing mental state.
(ii) Act causing death of individual. (iii) While defendant incarcerated for murder or capital murder; or (iv) While defendant serving sentence of life imprisonment or term of 99 years for aggravated kidnapping, aggravated sexual assault, or aggravated robbery. |
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19.03(a)(7) Capital Murder
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(i) Intentional or knowing mental state.
(ii) Murder of more than one person. (iii) Murders committed either during same criminal transaction or during different criminal transactions but pursuant to same scheme or course of conduct. |
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19.03(a)(8) Capital Murder
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(i) Intentional or knowing mental state.
(ii) Death of individual under six years of age. |
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19.04 Voluntary manslaughter
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(a) Offense occurring on or after September 1, 1994.
(b) Reckless mental state. (c) Act causing death of individual. |
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19.05 Criminally negligent homicide
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(a) Act causing death of individual.
(b) Criminally negligent mental state. |
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All criminal offenses include the following elements [Pen. C. § 1.07(a)(22)
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(a) Forbidden conduct.
(b) Any required result. (c) Required culpability. (d) Negation of any exception to offense. |
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(2) Criminal attempt include the following elements [Pen. C. § 15.01(a)
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(a) With specific intent.
(b) To commit offense. (c) Performs act amounting to more than mere preparation. (d) Which tends, but fails, to effect commission of intended offense. |
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Criminal conspiracy includes the following elements [Pen. C. § 15.02(a)
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(a) With intent.
(b) To commit felony. (c) Agrees with one or more persons. (d) That they, or one of them, engage in conduct constituting the offense. (e) Overt act performed in pursuance of agreement. |
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Criminal solicitation includes the following elements [Pen. C. § 15.03(a);
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a) With intent.
(b) That capital or first-degree felony be committed. (c) Requests, commands, or attempts to induce. (d) Another person. (e) To engage in specific conduct that would constitute the felony or make other person party to its commission. |
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(1) Renunciation as affirmative defense to criminal attempt includes the following elements [Pen. C. § 15.04(a)]:
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(a) Under circumstances manifesting voluntary and complete renunciation of criminal objective.
(b) Avoided commission of offense attempted by: (i) Abandoning criminal conduct; or (ii) If abandonment insufficient to avoid commission of offense, by taking further af-firmative action to prevent commission of offense. |
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(2) Renunciation as affirmative defense to criminal conspiracy or solicitation includes the following elements [Pen. C. § 15.04(b)]:
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(a) Under circumstances manifesting voluntary and complete renunciation of criminal objective.
(b) Countermanded solicitation or withdrew from conspiracy. (c) Before commission of object offense. (d) Took further affirmative action that prevented commission of object offense. |
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(4) Renunciation as mitigation of punishment includes the following elements [Pen. C. § 71.02(d)]:
NOTE |
The defendant bears the burden of proving this issue in the affirmative by a preponderance of the evi-dence [see § 121.05[3][b]].
(a) In complete and voluntary renunciation of offense. (b) Withdrew from combination before commission of offense. (c) Made substantial effort to prevent commission of offense. |
