Podcast
Questions and Answers
Under what circumstances is conduct considered justified?
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?
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?
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?
Under what circumstance is a person justified in using force for self-defense?
Under what condition is an actor's belief that force was immediately necessary for self-defense presumed reasonable?
Under what condition is an actor's belief that force was immediately necessary for self-defense presumed reasonable?
In which scenario would the presumption of reasonable belief in the necessity of force for self-defense NOT apply?
In which scenario would the presumption of reasonable belief in the necessity of force for self-defense NOT apply?
What actions by another person could lead to a presumed reasonable belief in the necessity of using force in self-defense?
What actions by another person could lead to a presumed reasonable belief in the necessity of using force in self-defense?
Which of the following scenarios would negate a claim of self-defense?
Which of the following scenarios would negate a claim of self-defense?
Which action would NOT be considered 'significant cooperation' regarding a smuggling offense?
Which action would NOT be considered 'significant cooperation' regarding a smuggling offense?
During the punishment phase of a smuggling trial, under what circumstance can the defendant request a reduced charge?
During the punishment phase of a smuggling trial, under what circumstance can the defendant request a reduced charge?
Under what condition is it an affirmative defense to prosecution of an offense?
Under what condition is it an affirmative defense to prosecution of an offense?
If conduct violates both the smuggling statute and another section of the code, what is the permissible course of action?
If conduct violates both the smuggling statute and another section of the code, what is the permissible course of action?
What constitutes 'continuous smuggling of persons'?
What constitutes 'continuous smuggling of persons'?
In a continuous smuggling case, what must the jury unanimously agree on?
In a continuous smuggling case, what must the jury unanimously agree on?
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?
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?
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?
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?
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?
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?
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?
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?
If an employee's conduct violates both this statute and another section of the code, what is the legal procedure?
If an employee's conduct violates both this statute and another section of the code, what is the legal procedure?
What is the legal classification of an offense under this statute?
What is the legal classification of an offense under this statute?
An employee is accused of having sexual contact with a student. What information regarding the student involved is protected from public release?
An employee is accused of having sexual contact with a student. What information regarding the student involved is protected from public release?
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?
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?
What is the exception to prosecution if an employee has sexual relations with a student?
What is the exception to prosecution if an employee has sexual relations with a student?
According to the statute, what type of school does the enrolled person need to be attending for the employee to commit an offense?
According to the statute, what type of school does the enrolled person need to be attending for the employee to commit an offense?
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?
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?
What is the minimum duration for conduct to qualify as 'continuous trafficking of persons' under Section 20A.03?
What is the minimum duration for conduct to qualify as 'continuous trafficking of persons' under Section 20A.03?
In a jury trial for continuous trafficking of persons, what aspect of the offense must the jury unanimously agree upon?
In a jury trial for continuous trafficking of persons, what aspect of the offense must the jury unanimously agree upon?
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?
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?
What limitation exists regarding the number of counts a defendant can be charged with under Subsection (a) for continuous trafficking of persons?
What limitation exists regarding the number of counts a defendant can be charged with under Subsection (a) for continuous trafficking of persons?
If conduct violates both this section and another section of the code, what options does the prosecutor have?
If conduct violates both this section and another section of the code, what options does the prosecutor have?
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?
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?
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?
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?
Under what circumstance is a school NOT restricted from releasing the name of an employee accused of an offense?
Under what circumstance is a school NOT restricted from releasing the name of an employee accused of an offense?
A school decides to release the name of an employee accused of sexual misconduct before an indictment. Which scenario would justify this decision?
A school decides to release the name of an employee accused of sexual misconduct before an indictment. Which scenario would justify this decision?
According to the content, what is the key element that defines 'sexual contact' in the context of employee misconduct?
According to the content, what is the key element that defines 'sexual contact' in the context of employee misconduct?
Which of the following actions would most likely be classified as 'invasive visual recording'?
Which of the following actions would most likely be classified as 'invasive visual recording'?
In the context of invasive visual recording, what is the definition of "intimate area"?
In the context of invasive visual recording, what is the definition of "intimate area"?
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?
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?
What is the crucial factor that determines whether touching a student constitutes 'sexual contact' according to the content?
What is the crucial factor that determines whether touching a student constitutes 'sexual contact' according to the content?
What is the definition of 'female breast' in the context of invasive visual recording?
What is the definition of 'female breast' in the context of invasive visual recording?
Under which of the following circumstances would the disclosure of visual material NOT constitute an offense, according to the provided text?
Under which of the following circumstances would the disclosure of visual material NOT constitute an offense, according to the provided text?
Which scenario best exemplifies a violation of the outlined statute regarding the promotion of visual material?
Which scenario best exemplifies a violation of the outlined statute regarding the promotion of visual material?
What constitutes 'visual material' as defined in the provided text?
What constitutes 'visual material' as defined in the provided text?
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?
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?
Which element is necessary for the disclosure of visual material to be considered an offense?
Which element is necessary for the disclosure of visual material to be considered an offense?
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?
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?
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?
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?
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'?
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'?
Flashcards
Justified Conduct: Imminent Harm
Justified Conduct: Imminent Harm
Conduct is justified if actor believes it's immediately necessary to avoid imminent harm.
Weighing Harms: Justification
Weighing Harms: Justification
Justified if avoiding harm outweighs harm prevented, judged by reasonable standards.
Legislative Exclusion: Justification
Legislative Exclusion: Justification
Justification is invalid if law plainly excludes it for the conduct.
Self-Defense: Force Justification
Self-Defense: Force Justification
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Reasonable Belief Presumption
Reasonable Belief Presumption
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Forceful Entry: Self-Defense
Forceful Entry: Self-Defense
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Unlawful Removal: Self-Defense
Unlawful Removal: Self-Defense
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Aggravated Felonies: Self-Defense
Aggravated Felonies: Self-Defense
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Educator-Student Relationship (School Employee)
Educator-Student Relationship (School Employee)
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Significant Cooperation (Smuggling Context)
Significant Cooperation (Smuggling Context)
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Smuggling: Related Individual Punishment Mitigation
Smuggling: Related Individual Punishment Mitigation
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Educator-Student Relationship (Position of Authority)
Educator-Student Relationship (Position of Authority)
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Educator Conduct Violation
Educator Conduct Violation
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Smuggling: Affirmative Defense
Smuggling: Affirmative Defense
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Penalty for Educator-Student Violation
Penalty for Educator-Student Violation
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Continuous Smuggling of Persons
Continuous Smuggling of Persons
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Continuous Smuggling: Jury Agreement
Continuous Smuggling: Jury Agreement
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Affirmative Defense (Spouse)
Affirmative Defense (Spouse)
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Consanguinity
Consanguinity
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Affirmative Defense (Age and Pre-Existing Relationship)
Affirmative Defense (Age and Pre-Existing Relationship)
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Affinity
Affinity
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Multiple Offenses Possible
Multiple Offenses Possible
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Smuggling: Overlapping Offenses
Smuggling: Overlapping Offenses
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Student Confidentiality
Student Confidentiality
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Multiple Offenses
Multiple Offenses
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21.02 and (a)(7)(A) offenses
21.02 and (a)(7)(A) offenses
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Continuous Trafficking
Continuous Trafficking
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Jury Agreement (Trafficking)
Jury Agreement (Trafficking)
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Continuous vs. Original Offense
Continuous vs. Original Offense
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Exceptions for Dual Conviction
Exceptions for Dual Conviction
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Single Victim Limitation
Single Victim Limitation
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Trafficking Jury Agreement
Trafficking Jury Agreement
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Employee Name Release Restriction
Employee Name Release Restriction
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Exceptions to Name Release Restriction
Exceptions to Name Release Restriction
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Sexual Contact (School Employee)
Sexual Contact (School Employee)
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Reciprocal Sexual Contact
Reciprocal Sexual Contact
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Female Breast (legal definition)
Female Breast (legal definition)
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Intimate Area (legal)
Intimate Area (legal)
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Changing Room (legal definition)
Changing Room (legal definition)
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"Promote" Legal Meaning
"Promote" Legal Meaning
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"Visual material"
"Visual material"
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Disclosure Offense
Disclosure Offense
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Harm Requirement
Harm Requirement
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Identity Revelation
Identity Revelation
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Threat to Disclose
Threat to Disclose
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Benefit Requirement
Benefit Requirement
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Promoting Visual Material
Promoting Visual Material
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Knowledge Requirement
Knowledge Requirement
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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.
Offenses Related to Invasive Visual Recording
- 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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