Criminal Law: Justification, Self-Defense, and Smuggling

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Questions and Answers

Under what circumstances is conduct considered justified?

  • When the harm avoided outweighs the harm prevented by the law, regardless of reasonableness.
  • When a legislative purpose exists to exclude the justification claimed, but the actor is unaware of it.
  • When an actor believes it is necessary to avoid future potential harm.
  • When the actor reasonably believes the conduct is immediately necessary to avoid imminent harm and such harm outweighs the harm sought to be prevented by the law. (correct)

What condition must be met for the urgency of avoiding harm to outweigh the harm prevented by law?

  • Ordinary standards of reasonableness must find that avoiding the harm is clearly more important. (correct)
  • A consensus among legal experts on the urgency of avoiding the harm.
  • The actor's personal belief in the urgency of avoiding the harm.
  • The legislative body must formally recognize the urgency of avoiding the harm.

What is the significance of 'legislative purpose' in determining whether conduct is justified?

  • It only matters if the conduct violates a constitutional right.
  • It is only considered if the actor profits from the conduct.
  • It can override the justification if a legislative purpose exists to exclude the justification claimed. (correct)
  • It is irrelevant as long as the actor believed their conduct was justified.

Under what circumstance is a person justified in using force for self-defense?

<p>When they reasonably believe force is immediately necessary to protect against another's unlawful use or attempted use of unlawful force. (B)</p> Signup and view all the answers

Under what condition is an actor's belief that force was immediately necessary for self-defense presumed reasonable?

<p>If the actor reasonably believed that the person unlawfully entered their habitation with force. (B)</p> Signup and view all the answers

In which scenario would the presumption of reasonable belief in the necessity of force for self-defense NOT apply?

<p>The actor was engaged in a Class A misdemeanor at the time force was used. (A)</p> Signup and view all the answers

What actions by another person could lead to a presumed reasonable belief in the necessity of using force in self-defense?

<p>Unlawfully entering the actor's vehicle with force. (A)</p> Signup and view all the answers

Which of the following scenarios would negate a claim of self-defense?

<p>The actor provoked the person and initiated the conflict. (D)</p> Signup and view all the answers

Which action would NOT be considered 'significant cooperation' regarding a smuggling offense?

<p>Offering a personal apology to the smuggled individual. (D)</p> Signup and view all the answers

During the punishment phase of a smuggling trial, under what circumstance can the defendant request a reduced charge?

<p>When the smuggled individual is related to the actor within the third degree of consanguinity or affinity. (D)</p> Signup and view all the answers

Under what condition is it an affirmative defense to prosecution of an offense?

<p>The actor is related to the smuggled individual within the second degree of consanguinity or affinity. (D)</p> Signup and view all the answers

If conduct violates both the smuggling statute and another section of the code, what is the permissible course of action?

<p>The actor may be prosecuted under either or both sections. (B)</p> Signup and view all the answers

What constitutes 'continuous smuggling of persons'?

<p>Engaging in conduct that violates Section 20.05 two or more times during a period of 10 or more days. (C)</p> Signup and view all the answers

In a continuous smuggling case, what must the jury unanimously agree on?

<p>That the defendant, during a period of 10 or more days, engaged two or more times in conduct violating Section 20.05. (B)</p> Signup and view all the answers

A person is arrested for smuggling. They provided information that helped police arrest other members of the smuggling ring, and testified against them in court. How does this affect their sentencing?

<p>It can be considered 'significant cooperation,' which may lead to a more lenient sentence. (D)</p> Signup and view all the answers

An individual is charged with continuous smuggling of persons. The prosecution presents evidence showing multiple instances of smuggling. What does the jury need to agree on to convict?

<p>The jury must unanimously agree that the defendant engaged in at least two instances of smuggling within a 10-day period. (B)</p> Signup and view all the answers

Under what circumstance is a school employee NOT considered to have committed an offense, even if they engaged in sexual contact with an enrolled student?

<p>The employee was the spouse of the enrolled person at the time of the offense. (C)</p> Signup and view all the answers

An employee in a position described by Section 21.003(a) of the Education Code engages in sexual intercourse with a student from another school district. What condition must be met for this to be considered an offense under this statute?

<p>The employee must know that the person is enrolled in a public or private primary or secondary school. (B)</p> Signup and view all the answers

If an employee's conduct violates both this statute and another section of the code, what is the legal procedure?

<p>The employee may be prosecuted under either or both sections. (C)</p> Signup and view all the answers

What is the legal classification of an offense under this statute?

<p>Felony of the second degree (D)</p> Signup and view all the answers

An employee is accused of having sexual contact with a student. What information regarding the student involved is protected from public release?

<p>The student's name. (D)</p> Signup and view all the answers

An employee who holds a position described by Section 21.003(a) or (b) of the Education Code has sexual contact with a person who is a student participant in an educational activity sponsored by the school. What is a key condition for this to be considered an offense under this statute?

<p>Students enrolled in a public or private primary or secondary school are the primary participants in the activity. (A)</p> Signup and view all the answers

What is the exception to prosecution if an employee has sexual relations with a student?

<p>The employee and student were in a relationship that began before the employee's employment at the school, and the employee is no more than three years older than the student. (D)</p> Signup and view all the answers

According to the statute, what type of school does the enrolled person need to be attending for the employee to commit an offense?

<p>A public or private primary or secondary school. (D)</p> Signup and view all the answers

Under what conditions can a defendant be convicted of both an offense under Subsection (a)(7)(A) and Section 21.02 in the same criminal action, involving the same victim?

<p>If the offense under Section 21.02 is charged in the alternative, occurred outside the period of the Subsection (a)(7)(A) offense, or is a lesser included offense. (B)</p> Signup and view all the answers

What is the minimum duration for conduct to qualify as 'continuous trafficking of persons' under Section 20A.03?

<p>30 days (C)</p> Signup and view all the answers

In a jury trial for continuous trafficking of persons, what aspect of the offense must the jury unanimously agree upon?

<p>That the defendant engaged in conduct constituting an offense under Section 20A.02 during a period of 30 or more days. (C)</p> Signup and view all the answers

Under what circumstances can a defendant be convicted of both continuous trafficking of persons under Subsection (a) and an offense under Section 20A.02 in the same criminal action, involving the same victim?

<p>If the offense under Section 20A.02 is charged in the alternative, occurred outside the period of the Subsection (a) offense, or is a lesser included offense. (C)</p> Signup and view all the answers

What limitation exists regarding the number of counts a defendant can be charged with under Subsection (a) for continuous trafficking of persons?

<p>A defendant may not be charged with more than one count if all conduct under Section 20A.02 is against the same victim. (B)</p> Signup and view all the answers

If conduct violates both this section and another section of the code, what options does the prosecutor have?

<p>The actor may be prosecuted under either section or both sections. (A)</p> Signup and view all the answers

A person commits an offense of continuous trafficking of persons, if during a period that is 30 or more days, the person engages two or more times in conduct that constitutes an offense under which section?

<p>Section 20A.02 (A)</p> Signup and view all the answers

Which of the following scenarios would allow a conviction for both an offense under Subsection (a)(7)(A) and Section 21.02 involving the same victim?

<p>The offense under 21.02 occurred a month after the (a)(7)(A) offense. (C)</p> Signup and view all the answers

Under what circumstance is a school NOT restricted from releasing the name of an employee accused of an offense?

<p>When the employee has been indicted for the offense. (C)</p> Signup and view all the answers

A school decides to release the name of an employee accused of sexual misconduct before an indictment. Which scenario would justify this decision?

<p>To report the accusation to the Texas Education Agency as required by law. (A)</p> Signup and view all the answers

According to the content, what is the key element that defines 'sexual contact' in the context of employee misconduct?

<p>Touching specific body parts with the intent to arouse or gratify sexual desire. (D)</p> Signup and view all the answers

Which of the following actions would most likely be classified as 'invasive visual recording'?

<p>Secretly recording students changing in a locker room. (B)</p> Signup and view all the answers

In the context of invasive visual recording, what is the definition of "intimate area"?

<p>The naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. (A)</p> Signup and view all the answers

A teacher is accused of an offense covered by Sec. 21.01. The school wants to inform parents. According to the guidelines, what is the most appropriate first step?

<p>Wait until the teacher is indicted before releasing any information to the general public, unless required by law or school policy. (A)</p> Signup and view all the answers

What is the crucial factor that determines whether touching a student constitutes 'sexual contact' according to the content?

<p>The intent behind the touching, specifically to arouse or gratify sexual desire. (D)</p> Signup and view all the answers

What is the definition of 'female breast' in the context of invasive visual recording?

<p>Any portion of the female breast below the top of the areola. (D)</p> Signup and view all the answers

Under which of the following circumstances would the disclosure of visual material NOT constitute an offense, according to the provided text?

<p>The depicted person gives effective consent for the disclosure of the visual material showing their intimate parts. (A)</p> Signup and view all the answers

Which scenario best exemplifies a violation of the outlined statute regarding the promotion of visual material?

<p>A website owner intentionally publishes visual material depicting a person's intimate parts exposed without consent, knowing its character and content. (B)</p> Signup and view all the answers

What constitutes 'visual material' as defined in the provided text?

<p>Any medium that contains or incorporates any film, photograph, videotape, negative, or slide or allows an image to be displayed on a computer or other video screen. (A)</p> Signup and view all the answers

A person threatens to disclose visual material depicting another person's intimate parts unless they pay him $5,000. According to provided content, what offense has been committed?

<p>Threatened disclosure for benefit (B)</p> Signup and view all the answers

Which element is necessary for the disclosure of visual material to be considered an offense?

<p>The disclosure of the visual material causes harm to the depicted person. (B)</p> Signup and view all the answers

A person discovers compromising images on a lost phone and shares them, without malicious intent, among a closed group of friends via a secure messaging app. The images eventually leak, causing significant distress to the depicted individual. According to the provided text, is the person who initially shared the images guilty of an offense?

<p>No, because the initial disclosure was within a private circle and lacked the intent to cause harm. (C)</p> Signup and view all the answers

An individual gains access to private images through hacking and threatens to release them unless the depicted person provides sensitive business information. According to the text, what offenses are being committed?

<p>Unauthorized access of data and threatened disclosure for benefit. (B)</p> Signup and view all the answers

In a situation where visual material is disclosed, what factor determines whether the depicted person had a 'reasonable expectation that the visual material would remain private'?

<p>The context in which the visual material was created or obtained. (C)</p> Signup and view all the answers

Flashcards

Justified Conduct: Imminent Harm

Conduct is justified if actor believes it's immediately necessary to avoid imminent harm.

Weighing Harms: Justification

Justified if avoiding harm outweighs harm prevented, judged by reasonable standards.

Legislative Exclusion: Justification

Justification is invalid if law plainly excludes it for the conduct.

Self-Defense: Force Justification

Using force is justified when reasonably believed immediately necessary for self-protection.

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Reasonable Belief Presumption

Belief of immediate necessity is presumed reasonable under specific circumstances.

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Forceful Entry: Self-Defense

Includes unlawful, forceful entry or attempted entry into occupied habitation, vehicle, or work.

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Unlawful Removal: Self-Defense

Includes unlawfully and forcefully removing, or attempting to remove, the actor.

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Aggravated Felonies: Self-Defense

Includes committing or attempting to commit certain aggravated felonies.

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Educator-Student Relationship (School Employee)

A school employee engaging in sexual contact with a student at their school.

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Significant Cooperation (Smuggling Context)

Testifying for the state, providing relevant information, furthering the investigation, or aiding law enforcement.

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Smuggling: Related Individual Punishment Mitigation

At punishment stage, if defendant proves relation to smuggled individual within the third degree of consanguinity/affinity, it's a third-degree felony with a minimum of 5 years imprisonment.

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Educator-Student Relationship (Position of Authority)

A school employee in a position of authority engaging in sexual contact with a student.

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Educator Conduct Violation

Engaging in conduct described in Section 33.021 with a student, regardless of the student's age.

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Smuggling: Affirmative Defense

The actor is related to the smuggled individual within the second degree of consanguinity or affinity.

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Penalty for Educator-Student Violation

A second-degree felony.

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Continuous Smuggling of Persons

A person commits an offense if, during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.05 (Smuggling of Persons).

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Continuous Smuggling: Jury Agreement

The jury doesn't need to agree on specific conduct/date, but must agree unanimously that the defendant, during a period that is 10 or more days in duration, engaged two or more times in conduct that constitutes an offense under Section 20.05.

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Affirmative Defense (Spouse)

The actor was the spouse of the enrolled person at the time of the offense.

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Consanguinity

Blood relation.

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Affirmative Defense (Age and Pre-Existing Relationship)

The actor was not more than three years older than the enrolled person, relationship began before employment at a public or private primary or secondary school.

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Affinity

Relation by marriage.

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Multiple Offenses Possible

The actor may be prosecuted under either section or both sections.

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Smuggling: Overlapping Offenses

Prosecution can proceed under either section or both if the conduct breaks two laws

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Student Confidentiality

The name of the student is kept confidential.

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Multiple Offenses

Prosecution is allowed under either or both sections if conduct violates multiple sections of the code.

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21.02 and (a)(7)(A) offenses

Cannot be convicted of both 21.02 and (a)(7)(A) for the same victim unless charged alternatively, occurred outside the period, or is a lesser included offense.

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Continuous Trafficking

Commits an offense by engaging two or more times in conduct that constitutes an offense under Section 20A.02 against one or more victims for 30+ days.

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Jury Agreement (Trafficking)

The jury doesn't have to agree on the specifics of the 20A.02 conduct, only that during th 30+ days of action, the defendant committed conduct that constituted an offence under Section 20A.02

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Continuous vs. Original Offense

A defendant cannot be convicted of both continuous trafficking AND the original offense (20A.02) in the same criminal action, with exceptions.

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Exceptions for Dual Conviction

Alternative charging, offenses that occurred outside the time period, or lesser included offense.

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Single Victim Limitation

A defendant cannot be charged with multiple counts of continuous trafficking for actions against the same single victim.

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Trafficking Jury Agreement

The jury must agree unanimously the defendant, during a period that is 30 or more days in duration, engaged in conduct that constituted an offense under Section 20A.02.

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Employee Name Release Restriction

Schools cannot publicly release the name of an employee accused of an offense until they are indicted, with exceptions for reporting or investigations.

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Exceptions to Name Release Restriction

Reporting accusations to TEA, law enforcement, or the school community, or conducting an investigation.

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Sexual Contact (School Employee)

Touching the anus, breast, or genitals of an enrolled person or student with intent to arouse or gratify sexual desire.

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Reciprocal Sexual Contact

Touching any part of the body of an enrolled person or student with the anus, breast, or genitals of the employee.

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Female Breast (legal definition)

Any portion of the female breast below the top of the areola.

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Intimate Area (legal)

The naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.

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Changing Room (legal definition)

A room or area for changing clothes, including dressing rooms, locker rooms, and swimwear changing areas.

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"Promote" Legal Meaning

Has the meaning asigned by Section 43.21

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"Visual material"

Films, photos, videos or any digital medium displaying images on screens, transmitted via various methods.

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Disclosure Offense

Disclosing visual material of a person's intimate parts without consent, intending harm, violating privacy expectations, causing harm, and revealing the person's identity.

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Harm Requirement

The depicted person must face harm from the disclosure.

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Identity Revelation

The identity of the person in the visual material is revealed through accompanying information or third-party responses.

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Threat to Disclose

Threatening to disclose visual material of intimate parts to get a benefit.

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Benefit Requirement

The threat must be made to obtain a benefit.

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Promoting Visual Material

Promoting visual material of intimate parts without consent on a website that you own.

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Knowledge Requirement

The person promoting the visual material knows its content

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Study Notes

  • Conduct is justified if the actor believes it's immediately necessary to avoid imminent harm, the urgency of avoiding the harm outweighs the harm the law seeks to prevent, and no legislative purpose plainly excludes the justification.

Self-Defense

  • A person is justified in using force against another when and to the degree they reasonably believe it's immediately necessary to protect against the other's unlawful force.
  • The belief that force was immediately necessary is presumed reasonable if the actor knew or had reason to believe the person against whom force was used: unlawfully entered or attempted to enter the actor's occupied habitation, vehicle, business, or employment with force.
  • Unlawfully removed or attempted to remove the actor from their habitation, vehicle, business, or employment with force.
  • Was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery

Smuggling of Persons

  • At the punishment stage of a trial for smuggling, the actor can argue they are related to the smuggled individual within the third degree of consanguinity or affinity.
  • If proven by a preponderance of evidence, the offense becomes a third-degree felony with a minimum five-year imprisonment term, unless the offense is punishable under specific subsections.
  • It's an affirmative defense if the actor is related to the smuggled individual within the second degree of consanguinity or affinity, except under specific subsections.
  • An individual may be prosecuted under multiple sections of the code if their conduct violates more than one.

Continuous Smuggling of Persons

  • An offense is committed if the actor engages two or more times in conduct that constitutes an offense, during a period that is 10 or more days in duration.
  • Jury members don't have to agree on the specific conduct or date, but must unanimously agree that the defendant engaged in the conduct two or more times over a 10+ day period.
  • An individual may be prosecuted under multiple sections of the code if their conduct violates more than one.

Continuous Trafficking of Persons

  • An offense is committed if the actor engages two or more times in conduct that constitutes an offense, during a period that is 30 or more days in duration, against one or more victims.
  • Jury members don't have to agree on the specific conduct or date, but must unanimously agree that the defendant engaged in the conduct over a 30+ day period.
  • A defendant cannot be convicted of both continuous trafficking and the underlying trafficking offense in the same criminal action, unless charged in the alternative, occurred outside the period of the continuous offense, or is considered a lesser included offense.
  • A defendant cannot be charged with multiple counts of continuous trafficking if the conduct was against the same victim.

Improper Relationship Between Educator and Student

  • An employee of a public/private primary/secondary school commits an offense by engaging in sexual contact, sexual intercourse, or deviate sexual intercourse with an enrolled student at that school.
  • An employee in a position described by Section 21.003(a) or (b), Education Code, commits an offense engaging in sexual contact, sexual intercourse, or deviate sexual intercourse with a person they know is enrolled in a public/private primary/secondary school, or a student participant in a school-sponsored educational activity.
  • An offense under these circumstances is a second-degree felony.
  • It's an affirmative defense if the actor was the spouse of the enrolled person at the time of the offense, or the actor was not more than three years older than the enrolled person and they were in a relationship that began before the actor's employment at the school.
  • The name of a student involved in an improper relationship with an educator cannot be released to the public.
  • A school cannot release the name of an employee accused of this offense until they're indicted, except to report the accusation to authorities, the school's members/community, or to conduct an investigation.
  • "Sexual contact" includes any touching by an employee of the anus, breast, or genitals of an enrolled person or student participant, or any touching of any part of their body with the employee's anus, breast, or genitals, with the intent to arouse or gratify sexual desire.

Invasive Visual Recording Definitions

  • Female breast: Any portion below the top of the areola.
  • "Intimate area": The naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
  • "Changing room": A room or area used for changing clothing, including dressing rooms, locker rooms, and swimwear changing areas.
  • "Visual material": Any film, photograph, videotape, etc., or any digital medium that allows an image to be displayed.
  • An individual commits an offense by disclosing visual material depicting another person with exposed intimate parts or engaged in sexual conduct, if done without consent and with intent to harm the depicted person.
  • At the time of disclosure, the person knows or should know the material was obtained/created under circumstances where the depicted person expected privacy.
  • The disclosure of the visual material causes harm to the depicted person.
  • The disclosure reveals the depicted person's identity.
  • An individual commits an offense by threatening to disclose material depicting another person with exposed intimate parts or engaged in sexual conduct without their consent, to obtain a benefit.
  • A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material on an Internet website owned or operated by the person.

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