Term
| Sec. 1.02. OBJECTIVES OF CODE. |
|
Definition
a.) establish a system of laws, punishments, and correctional measures;
b.) to deal with conduct;
c.) that unjustifiably and inexcusably causes or threatens harm |
|
|
Term
| Sec. 1.03. EFFECT OF CODE. |
|
Definition
(a) Conduct does not constitute an offense unless the conduct is defined as an offense by statute, municipal ordinance, etc.
(b) Blah, blah, blah....
(c) TX Penal Code does not stop the possibility that a dirt bag lawyer can still sue for civil liability regarding criminal damages. For example, remember OJ Simpson? |
|
|
Term
| Sec. 1.04. TERRITORIAL JURISDICTION. |
|
Definition
The proud State of Texas has jurisdiction if:
(1) the conduct or the result of an offense occurs inside TX;
(2) the conduct outside TX constitutes an attempt to commit an offense inside TX;
(3) the conduct outside TX constitutes a conspiracy to commit an offense inside this TX; or
(4) the conduct inside TX constitutes an attempt to commit a crime in another state and the offense is also a crime in TX as well. You got it? |
|
|
Term
| What is the "result" of criminal homicide? |
|
Definition
| a "result" is either the physical impact causing death or the death itself. |
|
|
Term
| What other real estate property is also included in the Territorial Jurisidiction of Texas? |
|
Definition
| Texas includes the land, water and the air space above both. |
|
|
Term
| Sec. 1.06. COMPUTATION OF AGE. |
|
Definition
| A person attains a specified age on the day of the anniversary of his birthdate. HAPPY B-DAY!! |
|
|
Term
|
Definition
| bodily movement, whether voluntary or involuntary, and includes speech. |
|
|
Term
|
Definition
| a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "actor." |
|
|
Term
|
Definition
| a person other than the actor. |
|
|
Term
|
Definition
| anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. |
|
|
Term
| "Bodily injury" means...... |
|
Definition
| physical pain, illness, or any impairment of physical condition. |
|
|
Term
|
Definition
a threat, however communicated:
(A) to commit an offense;
(B) to inflict SBI in the future on the person threatened or another;
(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 repute of any person; or
(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. |
|
|
Term
|
Definition
1.) an act; or
2.) an omission; and
3.) its accompanying mental state (intentionally, knowingling, etc.). |
|
|
Term
|
Definition
| assent in fact, whether express or apparent. |
|
|
Term
|
Definition
(A) a firearm or anything designed and capable (i.e., knife, bomb, poison arrows, etc.) of inflicting death or SBI; or
(B) anything that in the manner of its use (i.e., using a hammer to bash someone's skull) or intended use is capable of causing death or SBI.
|
|
|
Term
| "Effective consent" includes..... |
|
Definition
| consent by a person legally authorized to act for the owner. |
|
|
Term
| In what circumstances would "Effect consent," not be legally given by a person? |
|
Definition
Consent is not effective if:
(A) induced by force, threat, or fraud;
(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 minor, retard, or drunk ass fool the actor should know is unable to make reasonable decisions; or
(D) given solely to detect the commission of an offense. |
|
|
Term
| What are the 4 "Elements of an Offense"? |
|
Definition
(A) the forbidden conduct;
(B) the required culpability;
(C) any required result; and
(D) their are no "exceptions" to the Offense. |
|
|
Term
|
Definition
| an offense so designated by law or punishable by death or confinement in a penitentiary. |
|
|
Term
|
Definition
| anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. |
|
|
Term
|
Definition
| a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. |
|
|
Term
|
Definition
| an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. |
|
|
Term
|
Definition
| an affirmation or confirmation of fact. |
|
|
Term
| "Official proceeding" means... |
|
Definition
| any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. |
|
|
Term
|
Definition
|
|
Term
| An "Owner" means a person who: |
|
Definition
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. |
|
|
Term
|
Definition
| an individual, corporation, or association. |
|
|
Term
|
Definition
| means actual care, custody, control, or management. |
|
|
Term
|
Definition
| any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartments, office buildings, transport facilities, and shops. |
|
|
Term
| "Reasonable belief" means... |
|
Definition
| a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. |
|
|
Term
|
Definition
| means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. |
|
|
Term
| "Serious bodily injury" means..... |
|
Definition
| bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. |
|
|
Term
| A "Sight order" includes... |
|
Definition
| a check, an electronic debit, or an automatic bank draft. |
|
|
Term
|
Definition
| an individual who is an unborn child, the failure to be born alive. |
|
|
