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Details

TPC Title 4
Texas Penal Code Title 4
5
Law
Professional
09/02/2009

Additional Law Flashcards

 


 

Cards

Term
Criminal Attempt
Definition

(a) With specific intent to commit an offense, actor does an act amounting to more that mere preparation that fails the commission of the offense intended.

(b) If the offense may be aggravated, conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.

 

PENALTY - one category lower that attempted offense

Term
Criminal Conspiracy
Definition

(a) With intent that a felony be committed:

(1) agrees with 1/+ persons to engage in an offense; and

(2) 1/+ performs an overt act in pursuance of the agreement

 

PENALTY - One category lower than the most serious felony that is the object of the conspiracy

Term
Criminal Solicitation
Definition

(a)  with intent that a capital felony or felony of the first degree be committed actor solicits another to help with or commit the offense.

(b)  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 the solicitation.

PENALTY - one category lower than solicited offense

Term
CRIMINAL SOLICITATION OF A MINOR
Definition

(a) With intent that an offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be committed solicits a minor to help with or commit the offense.

(b) With intent that an offense under Section 21.02, 21.11, 22.011, 22.021, or 43.25 be committed, solicits a minor to help with or commit the offense.

Penalty

(e) An offense under this section is one category lower than the solicited offense.


(f) In this section, "minor" means an individual younger than 17 years of age.

Term
RENUNCIATION DEFENSE
Definition

The actor voluntarily renunciates and attempts to abandon the offense or takes affirmitive action to prevent commission of the offense.

 

Affirmative defense to prosecution, admissable as mitigation.

 

Penalty - In  the event of a finding of renunciation, the punishment shall be one grade lower provided for the offense committed

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