Penal Code Chapter 25 Flashcards

Questions and Answers

Under which condition can a defendant be convicted of another offense in the same criminal action?

The other offense occurred outside the period of the first offense

The other offense is charged in parallel

The other offense is considered a lesser included offense

All of the above (correct)

A defendant may be charged with more than one count under Subsection (a) if all conduct is allegedly committed in violation of a single court order.

False

What degree felony is an offense under Section 25.08?

Felony of the third degree

What is an exception under Section 25.08 for the application of this section?

Both A and B Signup and view all the answers

What does 'unregulated custody transfer' mean under Section 25.081?

Transfer of permanent physical custody of an adopted child without court approval Signup and view all the answers

An offense under Section 25.081 is a state jail felony.

True Signup and view all the answers

What is classified as a Class A misdemeanor under Section 25.09?

Advertising for placement of a child for adoption Signup and view all the answers

What is the consequence for a repeat offense under Section 25.09?

Felony of the third degree Signup and view all the answers

What does 'possessory right' mean under Section 25.10?

The right of a guardian to have physical possession of a ward Signup and view all the answers

What offense does Section 25.11 describe?

Continuous violence against the family Signup and view all the answers

The jury must agree unanimously on the specific conduct in the continuous violence against the family cases.

False Signup and view all the answers

What is the offense committed under Sec. 25.01 for bigamy?

Both A and B Signup and view all the answers

Sec. 25.02 prohibits sexual conduct with which of the following?

All of the above Signup and view all the answers

Sec. 25.03 includes penalties for interference with child custody.

True Signup and view all the answers

What is the penalty for violating the agreement to abduct a child under Sec. 25.031?

State jail felony Signup and view all the answers

Enticing a child from lawful custody is a Class B misdemeanor according to Sec. 25.04.

True Signup and view all the answers

What is the classification of an offense for criminal nonsupport under Sec. 25.05?

State jail felony Signup and view all the answers

Harboring a runaway child is classified as which type of misdemeanor under Sec. 25.06?

Class A misdemeanor Signup and view all the answers

Violating certain court orders related to family violence cases is only a Class A misdemeanor.

False Signup and view all the answers

Repeated violations of court orders are handled under Sec. 25.072.

True Signup and view all the answers

What is the consequence of violating a protective order as stated in Sec. 25.071?

Both A and B Signup and view all the answers

Study Notes

Bigamy

Offense occurs when a legally married individual marries or lives with someone else as if they are married.
The offense applies to situations in Texas or any other jurisdiction, including foreign countries.
A marriage is defined by holding out as married through cohabitation and intent.
Exceptions exist if an actor believes their prior marriage is void or dissolved; must provide certified proof.
Penalties escalate based on the age of the other party involved:
- 17 years old leads to a second-degree felony.
- 16 years or younger results in a first-degree felony.

Prohibited Sexual Conduct

Engaging in sexual activities with close relatives, including ancestors, descendants, and siblings, constitutes an offense, regardless of legitimacy.
Definitions:
- "Sexual intercourse" refers to penetration of the female sex organ.
- "Deviate sexual intercourse" involves contact intended to arouse sexual desire.
General punishment is a third-degree felony; however, offenses involving direct ancestors are treated as second-degree felonies.

Interference with Child Custody

Taking or retaining a child under 18 can be an offense if done in violation of a court order or without proper custody rights.
Noncustodial parents can also be charged for enticing a child from a custodial parent.
Defenses include returning the child within three days or claiming that the actor was entitling to custody and acted under duress conditions.
Violation represents a state jail felony.

Agreement to Abduct from Custody

Offense occurs when an individual agrees to abduct a child under 18 with intent to profit or gain by any means.
Abductions involve forcibly removing a child from lawful custody or misleading through misrepresentation.
Charge is classified as a state jail felony.

Enticing a Child

Offense includes knowingly taking a child under 18 from their lawful custodian to interfere with custody rights.
Classified as a Class B misdemeanor unless intended to commit a felony against the child, which raises it to a third-degree felony.

Criminal Nonsupport

Failing to provide child support for those under 18 or as mandated by court orders constitutes an offense.
Support obligation extends to all recognized children, including those born out of wedlock.
Conviction can be based solely on testimony from a party involved.
Affirmative defense if the actor cannot provide support, with penalties internationally recognized as a state jail felony.

Harboring Runaway Child

Offense occurs by knowingly harboring a child under 18 who has escaped lawful custody or is missing from home.
Related by consanguinity can be a defense if the individual does not notify authorities promptly.
Violation classified as a Class A misdemeanor.

Violation of Certain Court Orders

Committing offenses while violating court orders relevant to family violence, sexual assault, or similar cases can result in various penalties.
Actions violating such orders, such as unapproved communication or presence near a protected individual's residence, constitute an offense.
Offense is usually a Class A misdemeanor but escalates for repeat violations or new criminal behavior to state jail felony or third-degree felony if conditions apply.

Violation of Protective Order

Offense for knowingly violating protective orders related to bias or prejudice, coinciding with other criminal activity.
Communication or threats towards a protected individual can also trigger charges under this section.
Generally punished as a Class A misdemeanor, can elevate to a third-degree felony upon repeat offenses or assaults against protected individuals.

Repeated Violation of Court Orders

Engaging in prohibited conduct under Section 25.07 multiple times within a year can lead to charges.
Conditions for multiple charges are stipulated with focus on not convicting for overlaps in single incidents.
Classified as a felony of the third degree.

Sale or Purchase of Child

Committing an offense involves accepting something of value in exchange for delivering a child under 18 for adoption purposes.
This includes both providing custody and offering compensation for possession or guardian status of the child.
Ethical and legal ramifications are significant due to the nature of child trafficking and adoption laws.### Exceptions to Value Transfer in Child Placement
Allowed fees include payments to child-placing agencies as authorized by law.
Fees for legal or medical services, including adoption counseling, are permitted.
Legal or medical expenses incurred for the benefit of a child can be reimbursed.
Pregnancy-related expenses paid by a child-placing agency during or after pregnancy for the parent are permissible under specific guidelines.

Unregulated Custody Transfer of Adopted Child

"Adopted child" refers to individuals under 18 legally adopted via governmental or private means.
"Unregulated custody transfer" involves transferring physical custody without court approval.
Offenders face third-degree felony charges for conducting or facilitating unregulated transfers.
Exceptions include placements with licensed agencies or designated adults, temporary placements for specific reasons, and voluntary deliveries under certain family code provisions.

Advertising for Child Placement

Advertising to place, provide, or obtain a child for adoption is an offense.
Licensed child-placing agencies can advertise if identified as such.
Violations result in a Class A misdemeanor; previous offenders face third-degree felony charges.
Definitions: "Child" follows Family Code Section 101.003; "Public media" encompasses various communication forms including the Internet.

Interference with Guardian's Rights

"Possessory right" allows guardians physical custody of wards and to establish their legal domicile.
Offenders who take or conceal a ward, knowing it interferes with possessory rights, commit an offense.
Such offenses are categorized as state jail felonies.
This law does not apply to government entities doing so with legal authorization.

Continuous Violence Against the Family

A person commits an offense if they engage in violent conduct towards associated persons more than once within a year.
Jury determination does not require unanimous agreement on specific acts or dates.
Defendants can't be convicted of another offense against the same victim if it overlaps with the alleged conduct, unless specified exceptions apply.
Charges are limited to a single count for continuous conduct against a single victim or household member within the specified timeframe.
Offenders face third-degree felony charges for continuous violence.

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Test your knowledge of important legal concepts in Chapter 25 of the Penal Code with these flashcards. Focused on offenses related to marriage, including bigamy and cohabitation laws, this quiz is designed to reinforce your understanding of legal definitions and implications.