Penal Code Chapter 19: Criminal Homicide

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Questions and Answers

What constitutes committing an offense of criminally negligent homicide according to the law?

Causing the death of an individual by intentional act.

Causing the death of an individual by criminal negligence. (correct)

Causing the death of an individual through lawful self-defense.

Causing the death of an individual while driving under the influence.

What is the classification of the offense under the criminally negligent homicide law?

Misdemeanor

First-degree felony

Second-degree felony

State jail felony (correct)

Which of the following scenarios is NOT covered by the criminally negligent homicide law regarding the death of an unborn child?

Administration of a drug prescribed in accordance with the law.

A self-inflicted injury that leads to the unborn child's death. (correct)

Conduct committed by the mother of the unborn child.

A lawful medical procedure that results in the death of the unborn child.

What type of conduct does the criminally negligent homicide law exempt when it comes to the death of an unborn child?

Conduct committed by a mother of the unborn child. Signup and view all the answers

What is required for a medical procedure related to the unborn child's death to be considered lawful under the exemptions?

The procedure must have the consent required by law. Signup and view all the answers

What is the definition of criminal homicide according to the law?

The intentional or recklessly caused death of an individual. Signup and view all the answers

Which of the following constitutes murder under the law?

Intentionally causing death with premeditated intent. Signup and view all the answers

What does 'adequate cause' refer to in terms of provocation?

An event that causes a temporary loss of rationality. Signup and view all the answers

What must be proven for an individual to be charged with first-degree murder?

The death was caused intentionally or knowingly. Signup and view all the answers

Under which circumstance can a defendant assert 'sudden passion' as a defense during a trial?

If the defendant experienced an emotional reaction at the time of the offense. Signup and view all the answers

What is the penalty classification for murder according to the law?

Felony of the first degree. Signup and view all the answers

Which of the following actions is NOT classified as criminal homicide?

Self-defense leading to the death of an attacker. Signup and view all the answers

If someone knowingly delivers a controlled substance that results in death, how is this categorized?

Felony murder. Signup and view all the answers

What type of felony is defined under this section?

Capital felony Signup and view all the answers

What allows a defendant to be convicted of a lesser offense?

Insufficient evidence Signup and view all the answers

Under what condition does a person know the victim is a peace officer or fireman?

If the victim is wearing a distinctive uniform or badge Signup and view all the answers

What degree of felony is manslaughter typically classified as?

Felony of the second degree Signup and view all the answers

When does the manslaughter offense rise to a felony of the first degree?

When it is in conjunction with specific conduct under Section 28.09 Signup and view all the answers

What is a necessary element for the offense of manslaughter?

Recklessness in causing death Signup and view all the answers

What occurs if a defendant is found not guilty of the original charge?

They may still be convicted of lesser included offenses Signup and view all the answers

Which legislative body is responsible for amendments related to the defined offenses?

State Legislature Signup and view all the answers

What must a defendant prove for an offense to be classified as a felony of the second degree?

The issue in the affirmative by a preponderance of the evidence. Signup and view all the answers

Which of the following is a valid defense against prosecution under Subsection (b)(4)?

The defendant's conduct was authorized under Chapter 481. Signup and view all the answers

Which scenario qualifies as capital murder?

Murder during a robbery. Signup and view all the answers

What constitutes capital murder involving a peace officer?

Murdering a peace officer while acting in official duty. Signup and view all the answers

Which of the following actions does not constitute capital murder?

Murder resulting from a vehicle collision. Signup and view all the answers

What is true regarding the act of killing another while incarcerated?

It qualifies as capital murder if it involves a corrections officer. Signup and view all the answers

What scenario describes committing murder in retaliation related to a judicial figure?

Murdering someone because they are a judge. Signup and view all the answers

Which condition does not imply multiple murders under the same scheme?

Murders committed decades apart with no linkage. Signup and view all the answers

Study Notes

Criminal Homicide Overview

Criminal homicide occurs when a person causes the death of another intentionally, knowingly, recklessly, or with criminal negligence.
Categories of criminal homicide include murder, capital murder, manslaughter, and criminally negligent homicide.

Definitions in Murder

"Adequate cause": Circumstances prompting anger, rage, or terror in a person that impair rational thought.
"Sudden passion": Emotion triggered by provocation, occurring at the time of the offense, and not due to past events.

Murder Offenses

A person commits murder if they:
- Intentionally or knowingly cause death.
- Intend to cause serious injury through a dangerous act resulting in death.
- Commit a felony and in the course of it, cause death through dangerous acts.
- Knowingly deal in a controlled substance causing death through its use.
Primarily classified as a first-degree felony, but may reduce to a second-degree felony if sudden passion is proven.

Capital Murder Criteria

Capital murder includes:
- Murder of peace officers or firemen in duty.
- Murder while committing or attempting dangerous felonies.
- Commission of murder for payment or in escape attempts.
- Murder of multiple individuals in a single or related scheme.
- Murder of a child under 10 years old or specific age ranges (10-15 years).
- Murder of individuals due to their role as judges or justices.
Considered a capital felony, allowing for severe penalties.

Manslaughter

Defined as recklessly causing the death of another individual.
Generally classified as a second-degree felony; elevates to first-degree if linked to certain criminal conduct causing death.

Criminally Negligent Homicide

Occurs when death is caused by criminal negligence.
Classified as a state jail felony.

Exclusions from the Chapter

This chapter does not apply to certain circumstances leading to the death of an unborn child, including:
- Conduct by the mother.
- Medical procedures intended to terminate the pregnancy with proper consent.
- Procedures as part of assisted reproduction-related actions.
- Lawful dispensation of drugs when consented to and prescribed.

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Description

Explore the various types of criminal homicide as outlined in Chapter 19 of the Penal Code. This quiz covers the definitions and classifications of homicide, including murder, manslaughter, and criminally negligent homicide. Test your understanding of the legal terminology and implications involved.