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2016 GC Chpt 8 Penal Code Definitions
The definitions of terms for Penal Code
53
Law
Not Applicable
10/12/2016

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Cards

Term
PC 1.07 What is an Act?
Definition
A bodily movement,whether voluntary or involuntary and includes speech.
Term
Actor
Definition
A person who criminal responsibility is in issue in a criminal action.
Term
Agency
Definition
Includes authority, board, bureau, commision, committee, council, department, district, division, and office.
Term
Alcoholic beverage
Definition
Anthing over .5% alcohol by volume
Term
Another
Definition
Aperson other than the actor
Term
Association
Definition
a government or governmental subdivision or agency, trust, partenership, or two or more persons having a joint or common economic interest.
Term
Benefit
Definition
anything reasonably reguarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
Term
Bodily Injury
Definition
Physical pain, illness or impairment of physical condition.
Term
Coercion
Definition

A threat, however communicated:

A. To commit an offense

B. To inflict bodily injury

C. To accuse a person of any offense

D. To expose a person to hatred , contempt or ridicule

E. To harm the credit or business reput of any personF. To take or withhold actionas a publlic servant, or to cause a public servant to take or withhold action

Term
Conduct
Definition
An act or ommision and its accompanyiing mental state
Term
Consent
Definition
Assent in fact, whether express or apparent
Term
Controlled substance
Definition

Heatlthy and Safety Code 481.002

A substance, including a drug, an audulterant, and a dilutant. Includes the aggregated weight of any mixture, solution, or other substance containing a controlled substance.

Term
Corporation
Definition
Includes nonprofit corporatiions, professional associations created pursuant of statue, and joint stock companies.
Term
Correctional Institute
Definition
A place designated by law for confinem for a person arrested for, charged with, or convicted of a criminal offense.
Term
Criminal Negligense
Definition

Penal Code 6.03 D pg 10 Penal Code

A person acts with criminnal negligence, or is criminaly negligent, with respect to circumstances surrounding theri conduct or result of their conduct whey they ought to be aware od substantial and unjustifiable risk that the circumstances exist or results will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from standard of care an ordinary person would exercise under all circumstances as viewed from the actors point.

Term

PC 3.01 Criminal Episode

Definition

Commission of 2 or more offenses, regardless of whether the harm is directed towards or inflicted upon more than one person or item or property.

Term
Dangerous Drug
Definition
A device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act).
Term
Deadly Weapon
Definition

A. A firearm or anything manifestly designed, made, or adapted for the purpose of infliction death or serious bodily injury

B. Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury

Term
Effective Consent
Definition

Includes consent by a person legally authorized to act for the owner. Consent is not effective if;

A. Induced by force threat or fraud

B. Given by a person the actor knows is not leagally authorized to act for the owner

C. Given by a person who by reason of youth, mental disease or defect, or intoxication is know by the actor to be unable to make reasonable dcisions

D. Given soley to detect the commision of an offense.

Term
Elements of an Offense
Definition

A. the forbidden conduct

B. the required culpability

C. and required result

D. the negation of any exception to the offense

Term
Felony
Definition
An offense so designated by law as punishable by death or confinement in a penatentary
Term
Government
Definition

A. a state

B. a county, municipality, or political subdivision of the state

C. any branch or agency of the state, a county, municipality, or political subdivision

Term
Harm
Definition
Anything reasonably regaudes as a loss, disadvantage, or injury, including harm to another person in whose wellfare the person affected is interested.
Term
Individual
Definition
A human being who is alive, including an unborn childe at every stage from fertilization until birth.
Term
Intentional
Definition

Penal Code 6.03 (a)

A person acts intentionally or with intent, with respect to the 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.

Term
Law
Definition
The constitution or statute of this state or the United States, a written opinion of a court of record, a municipal ordinance, an order of the county commisioners court, or rule authorized by and lawfully adopted uder a statute.
Term
Misdemeanor
Definition
An offense so designated by law or punishable by fine, by confinement in jail or both.
Term
Oath
Definition
Includes an affirmation
Term
Official Proceeding
Definition
Any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant.
Term
Ommision
Definition
Failure to act
Term
Owner
Definition

A person who:

A. has title to the property, possession of the property whether leagal or not, or greater right to possession of the property than the actor

B. Is a holder in due course of a negotiationable instrument

Term
Peace Officer
Definition
A person elected, employed or appointed as a peace officer under Article 2.12 CCP.
Term
Penal Institution
Definition
A place desiignated by law for confinement of a person arrested for, charged with, or convicted of an offense.
Term
Person
Definition
An individual, corporation or association.
Term
Possessiion
Definition
Actual care, custody, control or management.
Term
Publliic Place
Definition
Any place to which the public or a substantial group of the public has subbstantial access and iincludes, but is noot limited to, streets, highways, and common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Term
Public Servant
Definition

A person elected, selected, appointed, employed, or otherwise designated as one of the following, even if theyy have not quallified for office or assumed there duties:

A. an officer, employee, or agent of gov.

B.a juror or grand juror

C. An arbitrato, refereee, or other personwho is authorized by law or private written agreement to here or determine a cause or controversy

D, an attourny at law or notary public when participating in the performance of a governmental function

E A candidate for nomination or election to a public office

F. A person who is performing a governmental function under claim of right although they are not legally qualified to do so.

Term
Reasonable Belief
Definition
A belief that would be held by an ordinary and prudent man in the same circumstances as an actor
Term
Secure Correctional Facility
Definition

A municiple or county jail

A confinement facility operated by or under contract with any division of the TDCJ.

Term
Serious Bodily Injury
Definition
Bodily injury that fcreates a substantial risk of death or that causes death, serious permanent disfiguration, or protracted loss or imparement of function.
Term
Sight Order
Definition
A written or electronic instruction to pay money that is authorized by the person giving the instructions and that is payable on demand or at a definite time by a person being instructed to pay.
Term
Swear
Definition
includes affirm
Term
Unlawful
Definition
Means criminal or tortious, or both and includes what would be criminal or tortious but for an offense not amounting to justification or privilage.
Term
Criminal Instrument PC 16.01
Definition
Any thing the possession, manufacture, or sale of which is not other wise an offense, that is specifically designed, made, or adapted for use in the commision of an offense.
Term
PC 16.01 Mechanical Security Device
Definition
A device designed or manufactured for use by a locksmith to perform services for a customerwho seeks entry to a structure, motor vehiicle, or other property.
Term
Adequate Cause
Definition
Cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection,
Term
PC 19.02 Sudden Passion
Definition
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 soley the result of former provocation.
Term
PC 20.01 Restrain
Definition
To restrict persons movement without consent, so as to interfere substantially with the persons liberty, by moving the person from one place to another or by confining the person.
Term
PC 20.01 Abduct
Definition

To restrain a person with intent to prevent there liberation by;

A. Secreting or holding them in a place where they are not likely to be found

B. using or threatening to use deadly force

Term
PC 20.01 Relative
Definition
a parent or stepparent, ancestor, sibling, or uncle or aunt, including adoptive relative of same degree through marriage or adoption
Term
PC 20.01 Person
Definition
an individual, corporation, or association.
Term

PC 8.04 What is the definition of intoxication?

Definition

Means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

Term

PC 38.01 Custody

Definition

A. under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state, another state or the US.
B. under restraint by an agent or employee of a facility that is operated by or under contract with the US and confines persons arrested for, charged with or convicted of a criminal offense.

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