Penal Code Chapter 8 Flashcards

Questions and Answers

What is one circumstance under which a person younger than 15 can be prosecuted?

Misdemeanor punishable by fine only (correct)

Traffic violation (correct)

Capital felony (correct)

None of the above

What are the two classifications of criminal offenses?

Felonies and misdemeanors

How many classes of misdemeanors are there?

3 (correct)

What is the punishment for a Class A misdemeanor?

Both A and B Signup and view all the answers

What is the maximum fine for a Class C misdemeanor?

$500 Signup and view all the answers

What is a capital felony punishable by if the state seeks the death penalty?

Imprisonment for life without parole or death Signup and view all the answers

What is the punishment range for a second degree felony?

2 to 20 years imprisonment Signup and view all the answers

What happens if a Class A misdemeanor offender has previous convictions?

Punished by a higher penalty Signup and view all the answers

Under what condition can a state jail felony be reduced to a misdemeanor punishment?

If the court finds it serves justice better Signup and view all the answers

A person can be executed for committing an offense at the age of 17.

False Signup and view all the answers

What is the punishment for a third degree felony?

2 to 10 years imprisonment Signup and view all the answers

What is the minimum fine for a Class B misdemeanor?

$0 Signup and view all the answers

What is the offense category under PC 15.02 if the attempted offense is a state jail felony?

Class A misdemeanor Signup and view all the answers

What is the definition of criminal conspiracy under PC 15.02?

Agreeing to commit a felony with one or more persons. Signup and view all the answers

What happens if the felony solicited under PC 15.03 is a capital offense?

The offense is a felony of the first degree. Signup and view all the answers

What is the consequence of committing criminal solicitation of a minor under PC 15.031?

One category lower than the solicited offense. Signup and view all the answers

Renunciation defense under PC 15.04 must be voluntary.

True Signup and view all the answers

Which of the following is true about criminal homicide as defined in PC 19.01?

It involves intentional, knowing, reckless, or criminal negligence. Signup and view all the answers

Murder under PC 19.02 is classified as a felony of the second degree if committed under the immediate influence of sudden passion.

True Signup and view all the answers

What category of felony is associated with capital murder under PC 19.03?

Capital felony Signup and view all the answers

What is the offense level for aggravated kidnapping under PC 20.04?

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

What degree of felony is an offense under this section if it creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death?

Felony of the second degree Signup and view all the answers

An offense under this section is always a felony of the third degree.

False Signup and view all the answers

What is an affirmative defense to prosecution under this section?

The actor is related to the smuggled individual within the second degree of consanguinity. Signup and view all the answers

What constitutes an offense if a person traffics another?

All of the above Signup and view all the answers

How long must a person engage in conduct to be guilty of continuous trafficking of persons?

30 or more days Signup and view all the answers

Members of the jury must agree unanimously on which specific conduct constituted an offense under Section 20A.02.

False Signup and view all the answers

What is the penalty for continuous trafficking of persons?

Felony of the first degree Signup and view all the answers

What is an affirmative defense to prosecution for indecency with a child?

The actor was not more than three years older than the victim. Signup and view all the answers

What are the general purposes of the Penal Code (PC 1.02)?

Establish a system of penalties and correctional measures Signup and view all the answers

What kind of misdemeanor is public lewdness categorized as?

Class A Signup and view all the answers

Indecent exposure is a Class B misdemeanor.

True Signup and view all the answers

Conduct constitutes an offense only if it is defined as such by law (PC 1.03).

True Signup and view all the answers

What does territorial jurisdiction (PC 1.04) refer to?

Jurisdiction over offenses committed within the state or attempts/conspiracies to commit offenses inside the state. Signup and view all the answers

How is a person's age computed according to Penal Code (PC 1.06)?

A person attains a specified age on the anniversary of their birthdate. Signup and view all the answers

What is required to negate an exception in the accusation charging an offense (PC 2.02)?

The prosecuting attorney must negate the existence of the exception Signup and view all the answers

A defense must always be proven by the prosecuting attorney to be valid (PC 2.03).

False Signup and view all the answers

What defines an affirmative defense (PC 2.04)?

An affirmative defense is so labeled by the phrase: 'It is an affirmative defense to prosecution.' Signup and view all the answers

What initiates criminal responsibility according to the act or omission (PC 6.01)?

Voluntary engagement in conduct. Signup and view all the answers

What must be proven for a person to be criminally responsible according to causation (PC 6.04)?

The result would not have occurred but for their conduct. Signup and view all the answers

What class of misdemeanor is committed if the value of stolen property is less than $100 (PC 31.03)?

Class C misdemeanor Signup and view all the answers

What is classified as a criminal episode (PC 3.01)?

The commission of two or more offenses linked by a common scheme Signup and view all the answers

What does the term 'insanity' refer to as a defense according to (PC 8.01)?

A defense asserting that the actor did not know their conduct was wrong due to severe mental disease or defect. Signup and view all the answers

Voluntary intoxication constitutes a defense to crime (PC 8.04).

False Signup and view all the answers

What defines duress as an affirmative defense (PC 8.05)?

Engaging in conduct due to a threat of imminent death or serious bodily injury. Signup and view all the answers

What is entrapment (PC 8.06)?

A defense claiming the actor was induced to commit the offense by a law enforcement agent. Signup and view all the answers

What degree of offense is committed when the actor knows the person is a public servant while discharging official duty?

Felony of the third degree Signup and view all the answers

Which of the following individuals can be a victim of aggravated assault?

All of the above Signup and view all the answers

A person commits a sexual assault offense if they cause the penetration of another person's anus without consent.

True Signup and view all the answers

What is the definition of 'abandon' related to child endangerment?

To leave a child in any place without providing reasonable and necessary care. Signup and view all the answers

What is the consequence of intentionally abandoning a child in a place exposed to unreasonable risk of harm?

Felony of the second degree Signup and view all the answers

What constitutes a terrorist threat under Texas law?

Threatening to commit violence against a person or property with intent to cause fear or a reaction. Signup and view all the answers

What type of charge is 'Aiding Suicide' classified under Texas law?

Class C misdemeanor Signup and view all the answers

Match each offense with its corresponding code:

Sexual Assault = PC 22.011 Aggravated Assault = PC 22.02 Aggravated Sexual Assault = PC 22.021 Injury to a Child = PC 22.04 Signup and view all the answers

Engaging in deadly conduct means recklessly placing another in imminent danger of serious bodily injury.

True Signup and view all the answers

Which section defines 'Tampering with Consumer Product'?

PC 22.09 Signup and view all the answers

What is bigamy?

Marrying one person legally while living with another as married. Signup and view all the answers

What makes an individual guilty of prohibited sexual conduct?

Engaging in sexual intercourse or deviate sexual intercourse with a known relative. Signup and view all the answers

Interference with Child Custody only applies to custodial parents.

False Signup and view all the answers

What is the age limit for a child under the interference with child custody offense?

Younger than 18 years of age. Signup and view all the answers

What is the penalty for agreeing to abduct a child under PC 25.031?

State jail felony Signup and view all the answers

What constitutes enticing a child?

Knowingly persuading or taking a child from their lawful custodian. Signup and view all the answers

Criminal nonsupport is only applicable if the actor has a court order to support the child.

False Signup and view all the answers

What does harboring a runaway entail?

Knowingly harboring a child who has escaped custody or is voluntarily absent. Signup and view all the answers

What type of felony is the violation of certain court orders in a family violence case considered?

Third degree felony Signup and view all the answers

Study Notes

Objectives of the Penal Code - PC 1.02

Establishes prohibitions, penalties, and correctional measures for conduct harming individual or public interests.
Provides framework for state protection against unjustifiable actions.

Effect of the Penal Code - PC 1.03

Offenses must be defined by law or statute to be prosecutable.
Titles 1, 2, and 3 apply to offenses, maintaining their punishment unless specified otherwise in the law defining the offense.
Civil damages and remedies remain valid irrespective of the code's stipulations.

Territorial Jurisdiction - PC 1.04

The state has jurisdiction over offenses conducted within its borders or attempts/conspiracies relating to offenses intended to be committed inside the state.

Computation of Age - PC 1.06

A person reaches a specified age on the anniversary of their birthdate.

Exception - PC 2.02

Exceptions must be explicitly stated and prosecutors must negate them to secure a conviction.
Previous exceptions to offenses remain unaffected by new provisions.

Defense - PC 2.03

A defense must be explicitly labeled; the prosecution is not required to prove its non-existence.
Evidence supporting a defense must be admitted to submit it to the jury.

Affirmative Defense - PC 2.04

An affirmative defense must be labeled as such, and the defendant must prove it by a preponderance of evidence.

Act or Omission - PC 6.01

Offenses occur through voluntary conduct, including actions, omissions, or possession.

Culpable Mental State - PC 6.02

A culpable mental state (intent, knowledge, recklessness, negligence) must align with the offense definition; the highest level required supersedes lower levels.

Culpable Mental State Clarification - PC 6.03

Intent involves conscious objectives; knowledge implies awareness of actions and their consequences.
Recklessness involves disregarding significant risks; criminal negligence is failing to perceive substantial risks.

Causation or Result - PC 6.04

Criminal responsibility exists if the person's conduct is a true cause of the outcome, even alongside other causes.

Penalty Group - Theft - PC 31.03 (e)

Class C misdemeanor for stealing property valued under $100.
Class B misdemeanor for properties valued between $100 and $750 or under $100 with prior theft convictions.

Criminal Episode - PC 3.01

Involves two or more offenses connected by transactions or common schemes.

Consolidation and Joinder of Prosecutions - PC 3.02

Allows prosecution in one action for multiple offenses from the same episode, with required notice before trial.

Sentences for Offenses Arising from Same Criminal Episode - PC 3.03

Sentences for multiple offenses will generally run concurrently unless stated otherwise.

Severance - PC 3.04

Defendants have the right to sever offenses tried together; sentences may be ordered to run consecutively or concurrently.

Parties to Offenses - PC 7.01

Criminal responsibility extends to participation either directly or through another’s conduct; distinctions between principals and accomplices blurred.

Criminal Responsibility for Conduct of Another - PC 7.02

Individuals can be responsible for acts committed by others if they acted with intent, caused an innocent person to commit a crime, or failed to prevent it.

Defenses Excluded - PC 7.03

Conviction based on another's efforts is valid; being part of a legally incapable class is not a defense.

Insanity - PC 8.01

Affirmative defense if the individual was unaware their act was wrong due to severe mental disease or defect.

Mistake of Fact - PC 8.02

Defense if a reasonable mistake negates the required culpability; lesser included offenses may still apply.

Mistake of Law - PC 8.03

Ignorance of the law is not a defense; reliance on official interpretations may justify actions.

Intoxication - PC 8.04

Voluntary intoxication not a defense; temporary insanity due to intoxication can mitigate penalties.

Duress - PC 8.05

Compelled action due to threats of imminent harm is an affirmative defense, with restrictions if the individual placed themselves in danger.

Entrapment - PC 8.06

Defense if induced by law enforcement to commit an offense, distinguishing from mere opportunity.

Age Affecting Criminal Responsibility - PC 8.07

Individuals under 15 cannot be prosecuted for most crimes, with specific exceptions listed; protections exist for those under 17 and against death penalty for offenses committed before age 18.### Juvenile Offenses
Individuals aged 10 to 14 years are presumed not capable of committing serious offenses unless the prosecution proves otherwise.
The prosecution must demonstrate that the minor understood the wrongful nature of their conduct at the time.

Classification of Offenses

Offenses are classified into felonies and misdemeanors as per PC 12.02.

Misdemeanor Classification

Misdemeanors are categorized into three classes:
- Class A
- Class B
- Class C
A general misdemeanor, without specific classification, defaults to a Class C misdemeanor.
Class C misdemeanor convictions do not carry legal disabilities.

Felony Classification

Felonies are divided into five categories:
- Capital felonies
- First-degree felonies
- Second-degree felonies
- Third-degree felonies
- State jail felonies
Designation of any felony without a specified category defaults to state jail felony.

Punishment for Class A Misdemeanor

Maximum punishment includes a fine of $4,000 and/or up to one year in jail.

Punishment for Class B Misdemeanor

Maximum punishment includes a fine of $2,000 and/or up to 180 days in jail.

Punishment for Class C Misdemeanor

Maximum punishment is a fine of $500.

Capital Felony Penalties

In death penalty cases, sentences include life without parole or death.
For individuals under 18, the punishment is life; for those 18 and older, it is life without parole when not seeking death.

First Degree Felony Punishment

Can include life imprisonment or a term between 5 to 99 years, alongside fines up to $10,000.

Second Degree Felony Punishment

Punished with imprisonment from 2 to 20 years and fines up to $10,000.

Third Degree Felony Punishment

Punished with imprisonment from 2 to 10 years and fines up to $10,000.

State Jail Felony Punishment

Confinement ranges from 180 days to 2 years, with fines up to $10,000.
Enhanced punishment to a third-degree felony applies under certain conditions.

Repeat Felony Offenders

Repeat offenders face enhanced charges, with a third-degree felony charge escalating to second-degree for prior convictions.
Serious repeat offenses can lead to life imprisonment or terms ranging from 15 to 99 years.

Habitual Misdemeanor Offenders

Repeat convictions of Class A or Class B misdemeanors result in stricter punishment and additional fines or confinement.

Reductions of State Jail Felony Punishments

A court may impose a Class A misdemeanor punishment if deemed appropriate for the circumstances.

Admission of Unadjudicated Offenses

Individuals can admit guilt for unadjudicated offenses during sentencing, which can influence their overall sentence and preclude future prosecution for those offenses.

Use of Prior Convictions

Prior convictions can be utilized multiple times for enhancement purposes.

Increased Penalties for Bias or Prejudice

Offenses committed out of bias increase punishment to the next level, enhancing minimum confinement for Class A misdemeanors.

Offenses Against Nursing Homes

Offenses causing financial losses to nursing homes incur harsher penalties, elevating the charge to a higher category.

Enhanced Punishment for Using Controlled Substances

Punishments increase for offenses that involve controlled substances, raising the penalty to the next highest category.

Offenses in Disaster Areas

Offenses committed during declared disasters or evacuations are penalized more severely, increasing to the next offense category.

Criminal Attempt

Attempting a crime constitutes an offense one category lower than the crime intended.

Criminal Conspiracy

Conspiring to commit a felony can lead to an offense charge that is one category lower than the most serious felony involved.

Criminal Solicitation

Soliciting someone for a felony involves culpability based on the actor's request, with rules around corroboration of solicitation in court.

Criminal Solicitation of a Minor

Soliciting a minor to commit a listed offense carries specific definitions and implications for prosecution.### Criminal Offenses Related to Minors
Offenses involving solicitation of minors include attempting to induce a minor to engage in specific conduct that constitutes a crime under certain sections (20A.02(a)(7) or (8), 21.02, 21.11, etc.).
Conviction requires corroboration of the solicitation and actor's intent beyond the uncorroborated testimony of the minor.
No defense against prosecution includes situations where the minor is not criminally responsible or if the minor faces no prosecution or conviction.

Renunciation Defense - PC 15.04

An affirmative defense allows for voluntary and complete renunciation, preventing additional criminal offense.
Renunciation is not voluntary if motivated by increased detection risk or if the actor plans to postpone or change the criminal act.
Proof of renunciation can mitigate punishment in attempts or conspiracies.

Unlawful Conduct Definitions

No offense under preparatory offenses (attempt, conspiracy, solicitation) described in PC 15.05.
Different types of criminal homicide include murder, capital murder, manslaughter, and criminally negligent homicide.

Murder and Capital Murder

Murder defined by intentional, knowing, or reckless actions causing death; classified as a first-degree felony unless influenced by sudden passion.
Capital murder involves specific heinous acts, such as killing a peace officer, committing murder during a felony, or killing individuals under 10 years old.

Manslaughter and Criminally Negligent Homicide

Manslaughter occurs through reckless actions leading to death, classified as a second-degree felony.
Criminally negligent homicide involves causing death through negligence, categorized as a state jail felony.

Applicability Limitations for Unborn Children

Certain conduct involving unborn children is excluded from criminal homicide definitions based on maternal conduct, lawful medical procedures, and drug prescriptions.

Restraint and Kidnapping Charges

Unlawful restraint occurs through intentional or knowing restraint of another; can escalate in severity if a child is involved.
Kidnapping is defined as the intentional or knowing abduction of a person, carrying a third-degree felony conviction.

Aggravated Kidnapping and Smuggling of Persons

Aggravated kidnapping includes abduction for ransom, to facilitate a felony, or using a deadly weapon, typically classified as a first-degree felony.
Smuggling of persons involves transporting individuals for pecuniary benefit, with greater penalties for endangerment of individuals or smuggling minors.

Trafficking and Continuous Trafficking of Persons

Trafficking offenses entail forcing individuals into labor or illegal services, with severe consequences for actions involving minors or exploitative acts.
Continuous trafficking is defined as engaging in such conduct over 30 days, resulting in a first-degree felony charge.

Continuous Sexual Abuse of Young Children

The offense is established with multiple acts of sexual abuse against a child under 14 years within a period of 30 or more days, with the actor being 17 years or older.

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