quiz image

PC CH.21 SEXUAL OFFENSES

FlashySloth avatar
FlashySloth
·
·
Download

Start Quiz

Study Flashcards

53 Questions

"_____________" means: any contact between any part of the genitals of one person and the mouth or anus of another person; or the penetration of the genitals or the anus of another person with an object.

Deviate sexual intercourse

"___________" means, except as provided by Section 21.11 (Indecency with a Child) or 21.12 (Improper Relationship Between Educator and Student), any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

Sexual contact

A person commits an offense if: during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is: a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or a disabled individual.

Continuous sexual abuse of young child or disabled individual

Under CH.21, "_______" means a person younger than 17 years of age.

Child

True or False: For the offense, "CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL" If a jury is the trier of fact, members of the jury are required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed.

False

True or False: For the offense, "CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL" The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.

True

True or False: A defendant may not be charged with more than one count under Subsection (b) (CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim.

True

True or False: With respect to the offense, "CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL" when the victim is a child younger than 14 years of age, it is not an affirmative defense that the actor was not more than five years older.

False

What is the penalty for, "CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL"?

Felony of the First, Minimum imprisonment enhanced to 25 years

"___________" means a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.

Disabled individual

A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's: act of sexual intercourse; act of deviate sexual intercourse; or act of sexual contact.

Public lewdness

"___________" means any penetration of the female sex organ by the male sex organ.

Sexual intercourse

What is the punishment for the offense, "Public Lewdness"?

Class A Misdemeanor

"________" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction.

Spouse

CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL applies to child younger than ___ years of age, regardless of whether the actor knows the age of the victim at the time of the offense, or a disabled individual.

14

A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

Indecent exposure

What is the punishment for the offense, "Indecent Exposure"?

Class B Misdemeanor

A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or (B) causes the child to expose the child's anus or any part of the child's genitals.

Indecency with a child

What is the punishment for the offense, "Indecency with a Child", when the actor engaged in sexual contact with the child?

Felony of the Second Degree

True of False: It is an affirmative defense to prosecution of, "Indecency with a Child" that the actor was the spouse of the child at the time of the offense.

True

What is the punishment for the offense, "Public Lewdness" when the actor is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code?

Felony of the Third Degree

What is the punishment for the offense, "Indecent Exposure" when it is shown on the trial of the offense that the defendant has been previously convicted one time of the same offense?

Class A Misdemeanor

"INDECENCY WITH A CHILD" It is an affirmative defense to prosecution under this section that the actor: (1) was not more than _____ years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense.

three

"___________" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or (2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

sexual contact

An employee of a public or private primary or secondary school commits an offense if the employee: engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee work.

Improper relationship between educator and student

True or False: "Improper relationship between educator and student" applies to employees regardless of the student's age.

True

What is the punishment for the offense, "IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT"?

Felony of the Second Degree

True or False: It is not an affirmative defense to prosecution under the offense, "IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT" that: the actor was the spouse of the enrolled person at the time of the offense.

False

What is the punishment for the offense, "Indecent Exposure" when it is shown on the trial of the offense that the defendant has been previously convicted two or more times of the same offense?

State Jail Felony

What is the punishment for the offense, "Indecency with a Child" when the actor exposes their or the child's genitals?

Felony of the Third Degree

"________" means any portion of the female breast below the top of the areola.

Female breast

"________" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.

Promote

A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person: (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view; (2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or (3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).

Invasive visual recording

What is the punishment for the offense, "Invasive Visual Recording"?

State Jail Felony

"_________" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.

Intimate area

"__________" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.

Changing room

A person commits an offense if: (1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct; (2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private; (3) the disclosure of the visual material causes harm to the depicted person; and (4) the disclosure of the visual material reveals the identity of the depicted person in any manner.

Unlawful disclosure of promotion of intimate visual material

What is the punishment for the offense, "UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL"?

State Jail Felony

"_________" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.

Simulated

True or False: A sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is sufficient to establish the person's consent.

False

A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes, including remotely through the use of electronic means, another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.

Voyeurism

What is the punishment for the offense, "Voyeurism"?

Class C Misdemeanor

"____________" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person.

Intimate parts

What is the punishment for the offense, "Indecent Exposure" when the actor is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code?

Felony of the Third Degree

It is an affirmative defense to "IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT" that the actor was not more than ______ years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school.

3

True or False: The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may be released to the public and is not public information under Chapter 552, Government Code.

False

True or False: A public or private primary or secondary school, or a person or entity that operates a public or private primary or secondary school, may not release externally to the general public the name of an employee of the school who is accused of committing an offense under this section until the employee is indicted for the offense.

True

"__________" means: (A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or (B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

Visual material

A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit: (1) in return for not making the disclosure; or (2) in connection with the threatened disclosure.

Unlawful disclosure or promotion of intimate visual material

True of False: It is a defense to prosecution of the offense, "UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL" that the depicted person: created or consented to the creation of the visual material; or voluntarily transmitted the visual material to the actor.

False

What is the punishment for the offense, "Voyeurism" if it is shown on the trial of the offense that the actor has previously been convicted two or more times of the same offense.

Class B Misdemeanor

An offense of "Voyeurism" is a state jail felony if the victim was a child younger than _____ years of age at the time of the offense.

14

What is the Title of Chapter 21 of the Texas Penal Code?

Sexual Offense

Study Notes

Sexual Offenses

  • "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
  • "Sexual abuse" means any contact between any part of the genitals of one person and the mouth or anus of another person; or the penetration of the genitals or the anus of another person with an object.
  • "Child" means a person younger than 17 years of age.

Continuous Sexual Abuse of Young Child or Disabled Individual

  • A person commits an offense if, during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims.
  • The victim must be a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense, or a disabled individual.
  • The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.

Indecency with a Child

  • A person commits an offense if, with a child younger than 17 years of age, the person engages in sexual contact with the child or causes the child to engage in sexual contact.
  • The punishment for the offense is increased if the actor exposes their or the child's genitals.
  • It is an affirmative defense to prosecution that the actor was not more than three years older than the victim and of the opposite sex.

Public Lewdness

  • A person commits an offense if the person engages in any of the following acts in a public place: act of sexual intercourse, act of deviate sexual intercourse, or act of sexual contact.
  • The punishment for the offense is increased if the actor is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code.

Indecent Exposure

  • A person commits an offense if the person exposes their anus or any part of their genitals with intent to arouse or gratify the sexual desire of any person.
  • The punishment for the offense is increased if the defendant has been previously convicted one or more times of the same offense.

Improper Relationship Between Educator and Student

  • An employee of a public or private primary or secondary school commits an offense if the employee engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works.
  • The punishment for the offense is increased if the actor is a repeat offender.
  • It is not an affirmative defense to prosecution that the actor was the spouse of the enrolled person at the time of the offense.

Invasive Visual Recording

  • A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person photographs or records, broadcasts, or transmits a visual image of an intimate area of another person.
  • The punishment for the offense is increased if the defendant has been previously convicted one or more times of the same offense.

Unlawful Disclosure or Promotion of Intimate Visual Material

  • A person commits an offense if the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct without the consent of the depicted person.
  • The punishment for the offense is increased if the defendant has been previously convicted one or more times of the same offense.

Voyeurism

  • A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.
  • The punishment for the offense is increased if the defendant has been previously convicted one or more times of the same offense.

Title of Chapter 21

  • The title of Chapter 21 of the Texas Penal Code is "Sexual Offenses".

Make Your Own Quizzes and Flashcards

Convert your notes into interactive study material.

Get started for free

More Quizzes Like This

Human Reproduction Quiz
10 questions

Human Reproduction Quiz

EffusiveAquamarine avatar
EffusiveAquamarine
Human Reproduction Quiz
13 questions

Human Reproduction Quiz

StatelyStrontium avatar
StatelyStrontium
Use Quizgecko on...
Browser
Browser