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Questions and Answers
"_________" means detained or under arrest by a peace officer; or under restraint by a public servant pursuant to an order
of a court.
"_________" means detained or under arrest by a peace officer; or under restraint by a public servant pursuant to an order of a court.
What offense is committed if an actor intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another: (1) any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter; (2) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; (3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official?
What offense is committed if an actor intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another: (1) any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter; (2) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; (3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official?
"___________" Means a person who holds any position or office in a political party, whether by election, appointment, or employment.
"___________" Means a person who holds any position or office in a political party, whether by election, appointment, or employment.
A person commits an offense if by means of coercion, he: (1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty; or (2) influences or attempts to influence a voter not to vote or to vote in a particular manner.
A person commits an offense if by means of coercion, he: (1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty; or (2) influences or attempts to influence a voter not to vote or to vote in a particular manner.
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What is the title of chapter 36 of the penal code?
What is the title of chapter 36 of the penal code?
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What offense is committed if a person intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another any benefit that is a political contribution or that is an expenditure made and reported in accordance with Chapter 305, Government Code, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit.
What offense is committed if a person intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another any benefit that is a political contribution or that is an expenditure made and reported in accordance with Chapter 305, Government Code, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit.
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"__________" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
"__________" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
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A person commits what offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding?
A person commits what offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding?
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An offense under coercion of a public servant or voter is punishable under what two penalties?
An offense under coercion of a public servant or voter is punishable under what two penalties?
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A person commits what offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as an: informant; or (A) public servant, witness, prospective witness, or (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or (2) to prevent or delay the service of another as a: (A) public servant, witness, prospective witness, or informant; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime?
A person commits what offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as an: informant; or (A) public servant, witness, prospective witness, or (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or (2) to prevent or delay the service of another as a: (A) public servant, witness, prospective witness, or informant; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime?
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Is it a defense to prosecution under bribery that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason?
Is it a defense to prosecution under bribery that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason?
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"__________" means to cast a ballot in an election regulated by law.
"__________" means to cast a ballot in an election regulated by law.
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is it an exception to bribery that the benefit is a political contribution?
is it an exception to bribery that the benefit is a political contribution?
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A person commits what offense if they coerce a witness or a prospective witness in an official proceeding (1) to testify falsely; (2) to withhold any testimony, information, document, or thing; (3) to elude legal process summoning him to testify or supply evidence; (4) to absent himself from an official proceeding to which he has been legally summoned; or (5) to abstain from, discontinue, or delay the prosecution of
another?
A person commits what offense if they coerce a witness or a prospective witness in an official proceeding (1) to testify falsely; (2) to withhold any testimony, information, document, or thing; (3) to elude legal process summoning him to testify or supply evidence; (4) to absent himself from an official proceeding to which he has been legally summoned; or (5) to abstain from, discontinue, or delay the prosecution of another?
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A person commits obstruction or retaliation if they post on a publicly accessible website "____________" of an individual the actor knows is a public servant.
A person commits obstruction or retaliation if they post on a publicly accessible website "____________" of an individual the actor knows is a public servant.
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What offense is committed if a public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant's official position or duties?
What offense is committed if a public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant's official position or duties?
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"__________" means a person who has communicated information to the government in connection with any governmental function.
"__________" means a person who has communicated information to the government in connection with any governmental function.
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Is it a defense to prosecution under bribery that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after: (1) the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or (2) the public servant ceases to be a public servant?
Is it a defense to prosecution under bribery that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after: (1) the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or (2) the public servant ceases to be a public servant?
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The offense of bribery is punishable by what penalty?
The offense of bribery is punishable by what penalty?
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Is it an exception to the application of a 1 (a person commits an offense if using coercion he influences or attempts to influence a public servant) that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body?
Is it an exception to the application of a 1 (a person commits an offense if using coercion he influences or attempts to influence a public servant) that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body?
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under the offense tampering with a witness if the actor offers, confers, any benefit on a witness to coerce a witness or a prospective witness in an official proceeding to abstain from, discontinue, or delay the prosecution of another.) Is it a defense to prosecution that the benefit received was (1) reasonable restitution for damages suffered by the complaining witness as a result of the offense; and
(2) a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the state in the case?
under the offense tampering with a witness if the actor offers, confers, any benefit on a witness to coerce a witness or a prospective witness in an official proceeding to abstain from, discontinue, or delay the prosecution of another.) Is it a defense to prosecution that the benefit received was (1) reasonable restitution for damages suffered by the complaining witness as a result of the offense; and (2) a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the state in the case?
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What is the penalty to be given under the offense of obstruction or retaliation?
What is the penalty to be given under the offense of obstruction or retaliation?
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Under the offense of Obstruction or retaliation if (1) the victim of the offense was harmed or threatened because of the victim's service or status as a juror; or (2) the actor's conduct is described by Subsection (a-1) and results in the bodily injury of a public servant or a member of a public servant's family or household. The penalty is enhanced to what?
Under the offense of Obstruction or retaliation if (1) the victim of the offense was harmed or threatened because of the victim's service or status as a juror; or (2) the actor's conduct is described by Subsection (a-1) and results in the bodily injury of a public servant or a member of a public servant's family or household. The penalty is enhanced to what?
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A person commits what offense if he offers, confers, or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting?
A person commits what offense if he offers, confers, or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting?
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What penalty is given for the offense offering gift to public servant?
What penalty is given for the offense offering gift to public servant?
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What offense is committed when a public servant accepts transportation and lodging expenses in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent that those services are more than merely perfunctory, or from accepting meals in connection with such an event.
What offense is committed when a public servant accepts transportation and lodging expenses in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent that those services are more than merely perfunctory, or from accepting meals in connection with such an event.
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In regard to the offense tampering with witness, what is the penalty given?
In regard to the offense tampering with witness, what is the penalty given?
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Under the offense of tampering with witness if the official proceeding is part of the prosecution of a criminal case what happens the penalty charged?
Under the offense of tampering with witness if the official proceeding is part of the prosecution of a criminal case what happens the penalty charged?
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Under the offense of tampering with witness, if the most serious offense charged is a capital felony, an offense under this section is a?
Under the offense of tampering with witness, if the most serious offense charged is a capital felony, an offense under this section is a?
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under the offense obstruction or retaliation, if (1) the victim of the offense was harmed or threatened because of the victim's service or status as a juror; or (2) the actor's conduct of retaliation results in the bodily injury of a public servant or a member of a public servant's family or household. The penalty given shall be what?
under the offense obstruction or retaliation, if (1) the victim of the offense was harmed or threatened because of the victim's service or status as a juror; or (2) the actor's conduct of retaliation results in the bodily injury of a public servant or a member of a public servant's family or household. The penalty given shall be what?
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an offense under acceptance of honorarium is punishable by what penalty.
an offense under acceptance of honorarium is punishable by what penalty.
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if the underlying official proceeding involves family violence an offense under tampering with witness is what punishable by what penalty?
if the underlying official proceeding involves family violence an offense under tampering with witness is what punishable by what penalty?
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Under the offense tampering with witness if the underlying official proceeding involves family violence, and it is shown at the trial of the offense that the defendant has previously been convicted of an offense involving family violence an offense under this section is what penalty?
Under the offense tampering with witness if the underlying official proceeding involves family violence, and it is shown at the trial of the offense that the defendant has previously been convicted of an offense involving family violence an offense under this section is what penalty?
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(f) If conduct that constitutes an offense under tampering with witness also constitutes an offense under any other law, the actor may be prosecuted under which section?
(f) If conduct that constitutes an offense under tampering with witness also constitutes an offense under any other law, the actor may be prosecuted under which section?
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free answer, go read subsection (d) of section 36.06 (obstruction or retaliation) in CH 36 of the PC.
free answer, go read subsection (d) of section 36.06 (obstruction or retaliation) in CH 36 of the PC.
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Study Notes
Definitions
- "Detained" means being held by a peace officer or under restraint by a public servant pursuant to a court order.
- "Party official" means a person who holds a position or office in a political party, whether by election, appointment, or employment.
- "Benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to another person in whose welfare the beneficiary has a direct and substantial interest.
- "Informant" means a person who has communicated information to the government in connection with any governmental function.
- "Vote" means to cast a ballot in an election regulated by law.
Offenses
- Bribery: Intentionally or knowingly offering, conferring, or agreeing to confer a benefit on another as consideration for a decision, opinion, recommendation, vote, or exercise of discretion as a public servant, party official, or voter.
- Coercion of a public servant or voter: Influencing or attempting to influence a public servant or voter by means of coercion.
- Bribery of a public servant: Intentionally or knowingly offering, conferring, or agreeing to confer a benefit on a public servant as consideration for a specific exercise of official discretion.
- Obstruction or retaliation: Harming or threatening to harm another in retaliation for or on account of their service or status as a public servant, witness, or informant.
Penalties
- Bribery: Punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 2 years.
- Coercion of a public servant or voter: Punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 2 years, and/or a fine not to exceed $10,000.
- Obstruction or retaliation: Punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 2 years, and/or a fine not to exceed $10,000.
- If the offense involves bodily injury, the penalty is enhanced to a first-degree felony.
Exceptions and Defenses
- It is not a defense to prosecution under bribery that the benefit is a political contribution or that the benefit is not offered or conferred until after the decision, opinion, recommendation, vote, or exercise of discretion has occurred.
- It is not an exception to the application of bribery that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity.
- It is a defense to prosecution under bribery that the benefit received was reasonable restitution for damages suffered by the complaining witness as a result of the offense, and the benefit was a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the state in the case.
Other Offenses
- Tampering with a witness: Offering, conferring, or agreeing to confer a benefit on a witness to coerce them to testify falsely, withhold testimony, or elude legal process.
- Acceptance of honorarium: Soliciting, accepting, or agreeing to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for their official position or duties.
- Offering a gift to a public servant: Offering, conferring, or agreeing to confer a benefit on a public servant that they know is prohibited by law from accepting.
- Transportation and lodging expenses: Accepting transportation and lodging expenses in connection with a conference or similar event in which the public servant renders services, to the extent that those services are more than merely perfunctory.
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