2023 Police Detective Investigator Promotional Exam PDF

POLICE DETECTIVE INVESTIGATOR PROMOTIONAL EXAM THURSDAY, JUNE 29, 2023 0900 HOURS HENRY B. GONZALEZ CONVENTION CENTER 900 E. MARKET ST. HEMISFAIR BALL...

POLICE DETECTIVE INVESTIGATOR PROMOTIONAL EXAM THURSDAY, JUNE 29, 2023 0900 HOURS HENRY B. GONZALEZ CONVENTION CENTER 900 E. MARKET ST. HEMISFAIR BALLROOM PHOTO IDENTIFICATION WILL BE REQUIRED NO CELL PHONES, ELECTRONIC DEVICES, BACKPACKS, BOOKS, FOOD or DRINKS WILL BE PERMITTED IN EXAM ROOM All of the material contained in the study packet provided to candidates is considered to be complete. Any updated materials outside the contents of this packet are not considered for exam purposes (updated and/or amended laws, rules, procedures, etc). Candidates are responsible to check the packet and ensure that all pages are included.  Notice to Promotional Candidates A portion of the Texas Penal Code, Code of Criminal Procedure, and SAPD General Manual has been replicated for the convenience of those officers studying for and taking the promotional examination for the rank of Detective for the City of San Antonio, Police Department. Any errors found in the following material, when compared to the published version, are entirely unintentional. The materials provided for each candidate are meant to be accurate representations of the original documents. Should errors be found, candidates are advised that the materials contained in this packet are the exact same materials supplied to the contracted testing consultant to be used in preparing the promotional examination. Candidates taking the examination are advised to study the materials contained in this packet and be prepared to respond to questions on the examination based on the materials supplied by the Training Academy. The promotional examination will be based on the supplied materials. Any questions related to the materials contained in this packet may be directed to the undersigned. Good luck to all. “Acting” Captain Robert Vara Training Academy Commander (210) 207-6262  2023 DETECTIVE’S PROMOTIONAL EXAM STUDY MATERIAL Textbook : 30 questions Criminal Investigation (An Illustrated Case Study Approach) Lasley/Guskos/Seymore ISBN-13: 978-0-13-505749-0 Chapters Page Numbers Pages Chapter 1 4 – 13: Criminal Investigations: Then and Now 10 Chapter 2 23 – 41: Investigators, Investigations, and the Law 19 Chapter 3 50 – 76: The Process of Investigating Crime 27 Chapter 4 84 – 117: Identifying, Collecting, and Preserving Physical Evidence 34 Chapter 5 140 – 159: Investigate Interview and Interrogation 20 Chapter 6 163 – 175: Investigate Report Writing 13 Chapter 7 182 – 197: Developing Investigative Leads and Intelligence 16 Chapter 8 231 – 240: Investigations and the Forensic Sciences 10 Chapter 9 255 – 265: Homicides and Wounding Scenes 11 Chapter 12 356 – 370: Robbery Scenes 15 Chapter 13 377 – 391: Burglary Scenes 15 Chapter 20 555 – 563: From the Crime Scene to the Courtroom 9 Total: 199 pages **(Excluding all “Tables”, “Figures”, “Case Close Up”, “Case Examples”, “ Hot Tips and Leads”, and “Summarys” at end of chapters)** Penal Code **(Excluding offense class, punishments, and fine amounts)** 20 questions Chapter 6 Culpability Generally Chapter 7 Criminal Responsibility for Conduct of Another Chapter 8 General Defenses to Criminal Responsibility Chapter 9 Justification Excluding Criminal Responsibility Chapter 15 Preparatory Offenses Chapter 19 Criminal Homicide Chapter 20 Kidnapping, Unlawful Restraint and Smuggling of Persons Chapter 20A Trafficking of Persons Chapter 21 Sexual Offenses Chapter 22 Assaultive Offenses Chapter 25 Offenses against the Family Chapter 28 Arson, Criminal Mischief, and Other Property Damage or Destruction Chapter 29 Robbery Chapter 30 Burglary and Criminal Trespass Chapter 31 Theft Chapter 32 Fraud Chapter 36 Bribery and Corrupt Influence Chapter 37 Perjury and Other Falsification Chapter 39 Abuse of Office Chapter 42 Disorderly Conduct and Related Offenses Chapter 43 Public Indecency Chapter 46 Weapons Chapter 49 Intoxication and Alcoholic Beverage Offenses **(Excluding 49.09)** Code of Criminal Procedure 10 questions Article 2.131 Racial Profiling Prohibited Article 2.132 Law Enforcement Policy on Racial Profiling Article 2.27 Investigations of Certain Reports Alleging Abuse Article 2.271 Investigations of Certain Reports Alleging Abuse, Neglect, or Exploitation Article 2.273 Release of Child by Law Enforcement Officer Article 2.30 Report Concerning Certain Assaultive or Terroristic Offenses Article 5.01 Legislative Statement Article 5.03 Family or Household Relationship Does Not Create an Exception to Official Duties Article 5.04 Duties of Peace Officers Article 5.045 Standby Assistance Liability Article 5.05 Reports and Records Article 12.01 Felonies Article 12.02 Misdemeanors Article 12.03 Aggravated Offenses, Attempt, Conspiracy, Solicitation, Organized Criminal Activity Article 12.04 Computation Article 14.01 Offense within View Article 14.03 Authority of Peace Officers Article 14.04 When Felony Has Been Committed Article 15.01 Warrant of Arrest Article 15.02 Requisites of Warrant Article 15.03 Magistrate May Issue Warrant or Summons Article 15.04 Complaint Article 15.05 Requisites of Complaint Article 15.16 How Warrant is Executed Article 15.17 Duties of Arresting Officer and Magistrate Article 15.26 Authority to Arrest Must Be Made Known Article 18.01 Search Warrant Article 18.02 Ground for Issuance Article 18.021 Issuance of Search Warrant to Photograph Injured Child Article 18.0215 Access to Cellular Telephone or Other Wireless Communications Device Article 18.03 Search Warrant May Order Arrest Article 18.04 Contents of Warrant Article 18.06 Execution of Warrants Article 18.065 Execution of Warrant Issued by District Judge for DNA Specimen Article 18.07 Days Allowed for Warrant to Run Article 18.09 Shall Seize Accused and Property Article 18.10 How Return Made Article 18.22 Testing for Communicable Diseases Following Certain Arrests Article 18.23 Expenses for Motor Vehicle Towed and Stored for Certain Purposes Article 38.03 Presumption of Innocence Article 38.07 Testimony in Corroboration of Victim of Sexual Offense Article 38.075 Corroboration of Certain Testimony Required Article 38.21 Statement Article 38.22 When Statements May Be Used Article 38.23 Evidence Not To Be Used Article 38.35 Forensic Analysis of Evidence; Admissibility Article 38.36 Evidence in Prosecutions for Murder Article 38.42 Chain of Custody Affidavit Article 38.43 Evidence Containing Biological Material Article 38.45 Evidence Depicting or Describing Abuse of or Sexual Conduct by a Child or Minor Article 38.46 Evidence in Prosecutions for Stalking Article 51.01 Delivered Up Article 51.02 To Aid in Arrest Article 51.03 Magistrate’s Warrant Article 51.04 Complaint Article 59.03 Seizure of Contraband SAPD General Manual: 40 questions Procedure 103 Law Enforcement Code of Ethics Procedure 104 Vision Procedure 105 Mission Procedure 106 Guiding Principles Procedure 200 Rules and Regulations Procedure 303 Disciplinary Procedures **(Excluding Complaint Matrix)** Procedure 306 Officer Concern Program Procedure 307 Public and Media Information Procedure 309 Weapons Procedure 310 Uniforms and Dress Codes **(Excluding Appendix)** Procedure 311 Court Appearances Procedure 313 Use of City Vehicles Procedure 323 Release of Police Records Procedure 330 Social Media Procedure 401 Offense/Incident/Supplemental Reports Procedure 402 Differential Police Response **(Excluding.02D Disposition, and N-code Numbers and Statements)** Procedure 403 Communications Procedure 406 Communications Holds, Transcripts, and Copies Procedure 408 Digital Photography Procedure 409 Mobile Video Recording Procedure 410 Body Worn Cameras Procedure 411 Detention Center Phone Recordings Procedure 501 Response to Resistance Procedure 502 Warrantless Arrests, Searches, and Seizures Procedure 503 Obtaining and Executing Arrest Warrants Procedure 504 Execution of Search Warrants Procedure 505 Misdemeanor Citation Release Procedure 507 D.W.I. Arrests Procedure 509 Legal Asset Seizure Procedure 510 Carrying Concealed Handguns Procedure 511 Debriefing of Arrested Persons Procedure 601 Prisoners Procedure 602 Juveniles Procedure 603 Protective Orders / Conditions of Bond Procedure 604 Family Disturbances/ Violence Procedure 605 Miscellaneous Offenses and Complaint Calls Procedure 606 Impounding Property Procedure 607 Impounding Vehicles Procedure 608 Stolen Vehicle Recovery NCIC/TCIC Cancellation Procedure 609 Emergency Vehicle Response and Foot Pursuits Procedure 611 Mentally Ill Persons Procedure 612 Deaf or Hearing Impaired Persons Procedure 615 Exposure to Communicable Diseases and Other Public Health Risks Procedure 616 Crime Victim Notification Program Procedure 618 Racial Bias Profiling Immigration Policy Procedure 620 Pursuits and Stop Techniques Procedure 701 Crime Scene Duties Procedure 702 Eyewitness Identification Procedure 703 Handling of Sexual Assault Complaints Procedure 704 Apparent Sudden Deaths Procedure 705 Officer Involved Shootings & Custodial Deaths Procedure 706 Assaults on Peace Officers Procedure 707 Crash Investigation Procedure 708 Follow-up Units Procedure 710 Preliminary Drug Identification Procedure 711 Hate Crimes Procedure 712 Interview, Interrogation and Processing Rooms Procedure 713 Human Trafficking Procedure 806 Mobilization Procedure 809 Active Shooter Incidents Procedure 905 Off Duty and Outside Employment Procedure 918 Discrimination, Harassment, Retaliation, Inappropriate Behavior, and Sexual Harassment in the Workplace Procedure 921 Psychological Services Procedure 922 Reporting of Criminal Offenses by Department Members Procedure 924 Mandatory Drug Testing Program PENAL CODE  Penal Code CHAPTER 6. CULPABILITY GENERALLY Sec. 6.01. REQUIREMENT OF VOLUNTARY ACT OR OMISSION. (a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession. (b) Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control. (c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act. Sec. 6.02. REQUIREMENT OF CULPABILITY. (a) Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires. (b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element. (c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility. (d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows: (1) intentional; (2) knowing; (3) reckless; (4) criminal negligence. (e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged. (f) An offense defined by municipal ordinance or by order of a county commissioners court may not dispense with the requirement of a culpable mental state if the offense is punishable by a fine exceeding the amount authorized by Section 12.23. Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. (b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. (c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but 1 consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. (d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. Sec. 6.04. CAUSATION: CONDUCT AND RESULTS. (a) A person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient. (b) A person is nevertheless criminally responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated, or risked is that: (1) a different offense was committed; or (2) a different person or property was injured, harmed, or otherwise affected. CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHE Sec. 7.01. PARTIES TO OFFENSES. (a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both. (b) Each party to an offense may be charged with commission of the offense. (c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice. Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. (a) A person is criminally responsible for an offense committed by the conduct of another if: (1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense; (2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense. (b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the 2 felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy. Sec. 7.03. DEFENSES EXCLUDED. In a prosecution in which an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense: (1) that the actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity; or (2) that the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution. Sec. 7.21. DEFINITIONS. In this subchapter: (1) "Agent" means a director, officer, employee, or other person authorized to act in behalf of a corporation, an association, a limited liability company, or another business entity. (1-a) "Business entity" means an entity or organization governed by the Business Organizations Code, other than a corporation, association, or limited liability company. (2) "High managerial agent" means: (A) a partner in a partnership; (B) an officer of a corporation, an association, a limited liability company, or another business entity; (C) an agent of a corporation, an association, a limited liability company, or another business entity who has duties of such responsibility that the agent's conduct reasonably may be assumed to represent the policy of the corporation, association, limited liability company, or other business entity. Sec. 7.22. CRIMINAL RESPONSIBILITY OF CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ENTITY. (a) If conduct constituting an offense is performed by an agent acting in behalf of a corporation, an association, a limited liability company, or another business entity and within the scope of the agent's office or employment, the corporation, association, limited liability company, or other business entity is criminally responsible for an offense defined: (1) in this code where corporations, associations, limited liability companies, and other business entities are made subject thereto; (2) by law other than this code in which a legislative purpose to impose criminal responsibility on corporations, associations, limited liability companies, and other business entities plainly appears; or (3) by law other than this code for which strict liability is imposed, unless a legislative purpose not to impose criminal responsibility on corporations, associations, limited liability companies, or other business entities plainly appears. 3  (b) A corporation, an association, a limited liability company, or another business entity is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed, or recklessly tolerated by: (1) a majority of the governing body acting in behalf of the corporation, association, limited liability company, or other business entity; or (2) a high managerial agent acting in behalf of the corporation, association, limited liability company, or other business entity and within the scope of the agent's office or employment. Sec. 7.23. CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN BEHALF OF CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ENTITY. (a) An individual is criminally responsible for conduct that the individual performs in the name of or in behalf of a corporation, an association, a limited liability company, or another business entity to the same extent as if the conduct were performed in the individual's own name or behalf. (b) An agent having primary responsibility for the discharge of a duty to act imposed by law on a corporation, an association, a limited liability company, or another business entity is criminally responsible for omission to discharge the duty to the same extent as if the duty were imposed by law directly on the agent. (c) If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation, an association, a limited liability company, or another business entity, the individual is subject to the sentence authorized by law for an individual convicted of the offense. Sec. 7.24. DEFENSE TO CRIMINAL RESPONSIBILITY OF CORPORATION, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ENTITY. It is an affirmative defense to prosecution of a corporation, an association, a limited liability company, or another business entity under Section 7.22(a)(1) or (a)(2) that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission. CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY Sec. 8.01. INSANITY. (a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong. (b) The term "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense. (b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed. 4  Sec. 8.03. MISTAKE OF LAW. (a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect. (b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon: (1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or (2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question. (c) Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed. Sec. 8.04. INTOXICATION. (a) Voluntary intoxication does not constitute a defense to the commission of crime. (b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried. (c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section. (d) For purposes of this section "intoxication" means disturbance of mental or physical capacity resulting from the introduction of any substance into the body. Sec. 8.05. DURESS. (a) It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another. (b) In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force. (c) Compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure. (d) The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion. (e) It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section. Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. 5  (b) In this section "law enforcement agent" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents. Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except: (1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath; (2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail; (3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state; (4) a misdemeanor punishable by fine only; (5) a violation of a penal ordinance of a political subdivision; (6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older; or (7) a capital felony or an offense under Section 19.02 for which the person is transferred to the court under Section 54.02(j)(2)(A), Family Code. (b) Unless the juvenile court waives jurisdiction under Section 54.02, Family Code, and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution, a person may not be prosecuted for or convicted of any offense committed before reaching 17 years of age except an offense described by Subsections (a)(1)-(5). (c) No person may, in any case, be punished by death for an offense committed while the person was younger than 18 years. (d) Notwithstanding Subsection (a), a person may not be prosecuted for or convicted of an offense described by Subsection (a)(4) or (5) that the person committed when younger than 10 years of age. (e) A person who is at least 10 years of age but younger than 15 years of age is presumed incapable of committing an offense described by Subsection (a)(4) or (5), other than an offense under a juvenile curfew ordinance or order. This presumption may be refuted if the prosecution proves to the court by a preponderance of the evidence that the actor had sufficient capacity to understand that the conduct engaged in was wrong at the time the conduct was engaged in. The prosecution is not required to prove that the actor at the time of engaging in the conduct knew that the act was a criminal offense or knew the legal consequences of the offense. Sec. 8.08. CHILD WITH MENTAL ILLNESS, DISABILITY, OR LACK OF CAPACITY. (a) On motion by the state, the defendant, or a person standing in parental relation to the defendant, or on the court's own motion, a court with jurisdiction of an offense described by Section 8.07(a)(4) or (5) shall determine whether 6 probable cause exists to believe that a child, including a child with a mental illness or developmental disability: (1) lacks the capacity to understand the proceedings in criminal court or to assist in the child's own defense and is unfit to proceed; or (2) lacks substantial capacity either to appreciate the wrongfulness of the child's own conduct or to conform the child's conduct to the requirement of the law. (b) If the court determines that probable cause exists for a finding under Subsection (a), after providing notice to the state, the court may dismiss the complaint. (c) A dismissal of a complaint under Subsection (b) may be appealed as provided by Article 44.01, Code of Criminal Procedure. (d) In this section, "child" has the meaning assigned by Article 45.058(h), Code of Criminal Procedure. CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY Sec. 9.01. DEFINITIONS. In this chapter: (1) "Custody" has the meaning assigned by Section 38.01. (2) "Escape" has the meaning assigned by Section 38.01. (3) "Deadly force" means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury. (4) "Habitation" has the meaning assigned by Section 30.01. (5) "Vehicle" has the meaning assigned by Section 30.01. Sec. 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to prosecution that the conduct in question is justified under this chapter. Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense. Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force. Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person. Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit. 7  Sec. 9.21. PUBLIC DUTY. (a) Except as qualified by Subsections (b) and (c), conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process. (b) The other sections of this chapter control when force is used against a person to protect persons (Subchapter C), to protect property (Subchapter D), for law enforcement (Subchapter E), or by virtue of a special relationship (Subchapter F). (c) The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it. (d) The justification afforded by this section is available if the actor reasonably believes: (1) the court or governmental tribunal has jurisdiction or the process is lawful, even though the court or governmental tribunal lacks jurisdiction or the process is unlawful; or (2) his conduct is required or authorized to assist a public servant in the performance of his official duty, even though the servant exceeds his lawful authority. Sec. 9.22. NECESSITY. Conduct is justified if: (1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm; (2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and (3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear. Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the force was used: (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment; (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or (C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery; (2) did not provoke the person against whom the force was used; and 8  (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used. (b) The use of force against another is not justified: (1) in response to verbal provocation alone; (2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c); (3) if the actor consented to the exact force used or attempted by the other; (4) if the actor provoked the other's use or attempted use of unlawful force, unless: (A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and (B) the other nevertheless continues or attempts to use unlawful force against the actor; or (5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was: (A) carrying a weapon in violation of Section 46.02; or (B) possessing or transporting a weapon in violation of Section 46.05. (c) The use of force to resist an arrest or search is justified: (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary. (d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34. (e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section. (f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat. Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another: (1) if the actor would be justified in using force against the other under Section 9.31; and 9  (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary: (A) to protect the actor against the other's use or attempted use of unlawful deadly force; or (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. (b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the deadly force was used: (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment; (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or (C) was committing or attempting to commit an offense described by Subsection (a)(2)(B); (2) did not provoke the person against whom the force was used; and (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used. (c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section. (d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat. Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified in using force or deadly force against another to protect a third person if: (1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and (2) the actor reasonably believes that his intervention is immediately necessary to protect the third person. Sec. 9.34. PROTECTION OF LIFE OR HEALTH. (a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself. 10  (b) A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other's life in an emergency. Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property. (b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and: (1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or (2) the other accomplished the dispossession by using force, threat, or fraud against the actor. Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property: (1) if he would be justified in using force against the other under Section 9.41; and (2) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury. Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and: (1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or (2) the actor reasonably believes that: 11  (A) the third person has requested his protection of the land or property; (B) he has a legal duty to protect the third person's land or property; or (C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care. Sec. 9.44. USE OF DEVICE TO PROTECT PROPERTY. The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if: (1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious bodily injury; and (2) use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device. Sec. 9.51. ARREST AND SEARCH. (a) A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if: (1) the actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and (2) before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer's direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested. (b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested. (c) A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Subsection (a) and: (1) the actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or (2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the actor or another if the arrest is delayed. (d) A person other than a peace officer acting in a peace officer's presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and: 12  (1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or (2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed. (e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d). (f) Nothing in this section relating to the actor's manifestation of purpose or identity shall be construed as conflicting with any other law relating to the issuance, service, and execution of an arrest or search warrant either under the laws of this state or the United States. (g) Deadly force may only be used under the circumstances enumerated in Subsections (c) and (d). Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility. Sec. 9.53. MAINTAINING SECURITY IN CORRECTIONAL FACILITY. An officer or employee of a correctional facility is justified in using force against a person in custody when and to the degree the officer or employee reasonably believes the force is necessary to maintain the security of the correctional facility, the safety or security of other persons in custody or employed by the correctional facility, or his own safety or security. Sec. 9.54. LIMITATION ON USE OF FORCE BY DRONE. (a) In this section: (1) "Autonomous drone" means a drone that operates autonomously through computer software or other programming. (2) "Drone" and "law enforcement agency" have the meanings assigned by Article 2.33, Code of Criminal Procedure. (b) Notwithstanding any other law, the use of force, including deadly force, involving a drone is justified under this subchapter only if: (1) at the time the use of force occurred, the actor was employed by a law enforcement agency; (2) the use of force: (A) would have been justified under another provision of this subchapter; and (B) did not involve the use of deadly force by means of an autonomous drone; and (3) before the use of force occurred, the law enforcement agency employing the actor adopted and submitted to the Texas Commission on Law Enforcement a policy on the agency's use of force by means of a drone, as required by Article 13 2.33, Code of Criminal Procedure, and the use of force conformed to the requirements of that policy. Sec. 9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than 18 years is justified: (1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and (2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare. (b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents. Sec. 9.62. EDUCATOR-STUDENT. The use of force, but not deadly force, against a person is justified: (1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and (2) when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group. Sec. 9.63. GUARDIAN-INCOMPETENT. The use of force, but not deadly force, against a mental incompetent is justified: (1) if the actor is the incompetent's guardian or someone similarly responsible for the general care and supervision of the incompetent; and (2) when and to the degree the actor reasonably believes the force is necessary: (A) to safeguard and promote the incompetent's welfare; or (B) if the incompetent is in an institution for his care and custody, to maintain discipline in the institution. CHAPTER 15. PREPARATORY OFFENSES Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. (b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt. (c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed. (d) An offense under this section is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor. Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits criminal conspiracy if, with intent that a felony be committed: (1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and 14  (2) he or one or more of them performs an overt act in pursuance of the agreement. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. (c) It is no defense to prosecution for criminal conspiracy that: (1) one or more of the coconspirators is not criminally responsible for the object offense; (2) one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted; (3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution; (4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or (5) the object offense was actually committed. (d) An offense under this section is one category lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor. Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission. (b) A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation. (c) It is no defense to prosecution under this section that: (1) the person solicited is not criminally responsible for the felony solicited; (2) the person solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution; (3) the actor belongs to a class of persons that by definition of the felony solicited is legally incapable of committing the offense in an individual capacity; or (4) the felony solicited was actually committed. (d) An offense under this section is: (1) a felony of the first degree if the offense solicited is a capital offense; or (2) a felony of the second degree if the offense solicited is a felony of the first degree. 15  Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A person commits an offense if, with intent that an offense listed by Article 42A.054(a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense listed by Article 42A.054(a) or make the minor a party to the commission of an offense listed by Article 42A.054(a). (b) A person commits an offense if, with intent that an offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011, 22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the person by any means requests, commands, or attempts to induce a minor or another whom the person believes to be a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense under one of those sections or would make the minor or other believed by the person to be a minor a party to the commission of an offense under one of those sections. (c) A person may not be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the minor act on the solicitation. (d) It is no defense to prosecution under this section that: (1) the minor solicited is not criminally responsible for the offense solicited; (2) the minor solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution; (3) the actor belongs to a class of persons that by definition of the offense solicited is legally incapable of committing the offense in an individual capacity; or (4) the offense solicited was actually committed. (e) An offense under this section is one category lower than the solicited offense, except that an offense under this section is the same category as the solicited offense if it is shown on the trial of the offense that the actor: (1) was at the time of the offense 17 years of age or older and a member of a criminal street gang, as defined by Section 71.01; and (2) committed the offense with the intent to: (A) further the criminal activities of the criminal street gang; or (B) avoid detection as a member of a criminal street gang. (f) In this section, "minor" means an individual younger than 17 years of age. Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative defense to prosecution under Section 15.01 that under circumstances manifesting a voluntary and complete renunciation of his criminal objective the actor avoided commission of the offense attempted by abandoning his criminal conduct or, if abandonment was insufficient to avoid commission of the offense, by taking further affirmative action that prevented the commission. 16  (b) It is an affirmative defense to prosecution under Section 15.02 or 15.03 that under circumstances manifesting a voluntary and complete renunciation of his criminal objective the actor countermanded his solicitation or withdrew from the conspiracy before commission of the object offense and took further affirmative action that prevented the commission of the object offense. (c) Renunciation is not voluntary if it is motivated in whole or in part: (1) by circumstances not present or apparent at the inception of the actor's course of conduct that increase the probability of detection or apprehension or that make more difficult the accomplishment of the objective; or (2) by a decision to postpone the criminal conduct until another time or to transfer the criminal act to another but similar objective or victim. (d) Evidence that the defendant renounced his criminal objective by abandoning his criminal conduct, countermanding his solicitation, or withdrawing from the conspiracy before the criminal offense was committed and made substantial effort to prevent the commission of the object offense shall be admissible as mitigation at the hearing on punishment if he has been found guilty of criminal attempt, criminal solicitation, or criminal conspiracy; and in the event of a finding of renunciation under this subsection, the punishment shall be one grade lower than that provided for the offense committed. Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is not an offense. CHAPTER 19. CRIMINAL HOMICIDE Sec. 19.01. TYPES OF CRIMINAL HOMICIDE. (a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual. (b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide. Sec. 19.02. MURDER. (a) In this section: (1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection. (2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. (b) A person commits an offense if he: (1) intentionally or knowingly causes the death of an individual; (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or (3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual. (c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree. 17  (d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. Sec. 19.03. CAPITAL MURDER. (a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and: (1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; (2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6); (3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration; (4) the person commits the murder while escaping or attempting to escape from a penal institution; (5) the person, while incarcerated in a penal institution, murders another: (A) who is employed in the operation of the penal institution; or (B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination; (6) the person: (A) while incarcerated for an offense under this section or Section 19.02, murders another; or (B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another; (7) the person murders more than one person: (A) during the same criminal transaction; or (B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; (8) the person murders an individual under 10 years of age; (9) the person murders an individual 10 years of age or older but younger than 15 years of age; or (10) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court. (b) An offense under this section is a capital felony. 18  (c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense. Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual. (b) An offense under this section is a felony of the second degree. Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person commits an offense if he causes the death of an individual by criminal negligence. (b) An offense under this section is a state jail felony. Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. This chapter does not apply to the death of an unborn child if the conduct charged is: (1) conduct committed by the mother of the unborn child; (2) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the death of the unborn child was the intended result of the procedure; (3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or (4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law. CHAPTER 20. KIDNAPPING, UNLAWFUL RESTRAINT, AND SMUGGLING OF PERSONS Sec. 20.01. DEFINITIONS. In this chapter: (1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by: (A) force, intimidation, or deception; or (B) any means, including acquiescence of the victim, if: (i) the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or (ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement. (2) "Abduct" means to restrain a person with intent to prevent his liberation by: (A) secreting or holding him in a place where he is not likely to be found; or (B) using or threatening to use deadly force. 19  (3) "Relative" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption. (4) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. (5) Notwithstanding Section 1.07, "individual" means a human being who has been born and is alive. (6) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code. (7) "Firearm" has the meaning assigned by Section 46.01. (8) "Special investigator" includes an agent of the United States Department of Homeland Security. Sec. 20.02. UNLAWFUL RESTRAINT. (a) A person commits an offense if he intentionally or knowingly restrains another person. (b) It is an affirmative defense to prosecution under this section that: (1) the person restrained was a child younger than 14 years of age; (2) the actor was a relative of the child; and (3) the actor's sole intent was to assume lawful control of the child. (c) An offense under this section is a Class A misdemeanor, except that the offense is: (1) a state jail felony if the person restrained was a child younger than 17 years of age; (2) a felony of the third degree if: (A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury; (B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or (C) the actor while in custody restrains any other person; or (3) notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge. (d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested. (e) It is an affirmative defense to prosecution under this section that: (1) the person restrained was a child who is 14 years of age or older and younger than 17 years of age; 20  (2) the actor does not restrain the child by force, intimidation, or deception; and (3) the actor is not more than three years older than the child. Sec. 20.03. KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person. (b) It is an affirmative defense to prosecution under this section that: (1) the abduction was not coupled with intent to use or to threaten to use deadly force; (2) the actor was a relative of the person abducted; and (3) the actor's sole intent was to assume lawful control of the victim. (c) An offense under this section is a felony of the third degree. Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to: (1) hold him for ransom or reward; (2) use him as a shield or hostage; (3) facilitate the commission of a felony or the flight after the attempt or commission of a felony; (4) inflict bodily injury on him or violate or abuse him sexually; (5) terrorize him or a third person; or (6) interfere with the performance of any governmental or political function. (b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense. (c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree. (d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. Sec. 20.05. SMUGGLING OF PERSONS. (a) A person commits an offense if the person knowingly: (1) uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to: (A) conceal the individual from a peace officer or special investigator; or (B) flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor; (2) encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection; or 21  (3) assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner. (b) An offense under this section is a felony of the third degree, except that the offense is: (1) a felony of the second degree if: (A) the actor commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; (B) the smuggled individual is a child younger than 18 years of age at the time of the offense; (C) the offense was committed with the intent to obtain a pecuniary benefit; (D) during the commission of the offense the actor, another party to the offense, or an individual assisted, guided, or directed by the actor knowingly possessed a firearm; or (E) the actor commits the offense under Subsection (a)(1)(B); or (2) a felony of the first degree if: (A) it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, as defined by Section 22.011, or aggravated sexual assault, as defined by Section 22.021; or (B) the smuggled individual suffered serious bodily injury or death. (c) It is an affirmative defense to prosecution of an offense under this section, other than an offense punishable under Subsection (b)(1)(A) or (b)(2), that the actor is related to the smuggled individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity. (d) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections. Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS. (a) A person commits an offense if, during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.05. (b) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 20.05 or on which exact date the defendant engaged in that conduct. The jury must agree unanimously that the defendant, during a period that is 10 or more days in duration, engaged two or more times in conduct that constitutes an offense under Section 20.05. (c) If the victim of an offense under Subsection (a) is the same victim as a victim of an offense under Section 20.05, a defendant may not be convicted of the offense under Section 20.05 in the same criminal action as the offense under Subsection (a), unless the offense under Section 20.05: (1) is charged in the alternative; 22  (2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a). (d) A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 20.05 is alleged to have been committed against the same victim. (e) Except as provided by Subsections (f) and (g), an offense under this section is a felony of the second degree. (f) An offense under this section is a felony of the first degree if: (1) the conduct constituting an offense under Section 20.05 is conducted in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; or (2) the smuggled individual is a child younger than 18 years of age at the time of the offense. (g) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years, if: (1) it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, as defined by Section 22.011, or aggravated sexual assault, as defined by Section 22.021; or (2) the smuggled individual suffered serious bodily injury or death. Sec. 20.07. OPERATION OF STASH HOUSE. (a) A person commits an offense if the person knowingly: (1) uses or permits another to use any real estate, building, room, tent, vehicle, boat, or other property owned by the person or under the person's control to commit an offense or to facilitate the commission of an offense under Section 20.05, 20.06, 20A.02, 20A.03, 43.04, or 43.05; or (2) rents or leases any property to another, intending that the property be used as described by Subdivision (1). (b) An offense under this section is a Class A misdemeanor. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. CHAPTER 20A. TRAFFICKING OF PERSONS Sec. 20A.01. DEFINITIONS. In this chapter: (1) "Child" means a person younger than 18 years of age. (1-a) "Coercion" as defined by Section 1.07 includes: 23  (A) destroying, concealing, confiscating, or withholding from a trafficked person, or threatening to destroy, conceal, confiscate, or withhold from a trafficked person, the person's actual or purported: (i) government records; or (ii) identifying information or documents; (B) causing a trafficked person, without the person's consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person's ability to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services; or (C) withholding alcohol or a controlled substance to a degree that impairs the ability of a trafficked person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services. (2) "Forced labor or services" means labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person and obtained through an actor's use of force, fraud, or coercion. (2-a) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. (2-b) "School" means a public or private primary or secondary school. (3) "Sexual conduct" has the meaning assigned by Section 43.25. (4) "Traffic" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means. Sec. 20A.02. TRAFFICKING OF PERSONS. (a) A person commits an offense if the person knowingly: (1) traffics another person with the intent that the trafficked person engage in forced labor or services; (2) receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services; (3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by: (A) Section 43.02 (Prostitution); (B) Section 43.03 (Promotion of Prostitution); (B-1) Section 43.031 (Online Promotion of Prostitution); (C) Section 43.04 (Aggravated Promotion of Prostitution); (C-1) Section 43.041 (Aggravated Online Promotion of Prostitution); or (D) Section 43.05 (Compelling Prostitution); (4) receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3); 24  (5) traffics a child with the intent that the trafficked child engage in forced labor or services; (6) receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services; (7) traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by: (A) Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual); (B) Section 21.11 (Indecency with a Child); (C) Section 22.011 (Sexual Assault); (D) Section 22.021 (Aggravated Sexual Assault); (E) Section 43.02 (Prostitution); (E-1) Section 43.021 (Solicitation of Prostitution); (F) Section 43.03 (Promotion of Prostitution); (F-1) Section 43.031 (Online Promotion of Prostitution); (G) Section 43.04 (Aggravated Promotion of Prostitution); (G-1) Section 43.041 (Aggravated Online Promotion of Prostitution); (H) Section 43.05 (Compelling Prostitution); (I) Section 43.25 (Sexual Performance by a Child); (J) Section 43.251 (Employment Harmful to Children); or (K) Section 43.26 (Possession or Promotion of Child Pornography); or (8) receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in Subdivision (7). (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 62(5) and Ch. 905 (H.B. 3521), Sec. 2, eff. September 1, 2021. (b) Except as otherwise provided by this subsection and Subsection (b-1), an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if: (1) the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8), regardless of whether the actor knows the age of the child at the time of the offense; (2) the commission of the offense results in the death of the person who is trafficked; (3) the commission of the offense results in the death of an unborn child of the person who is trafficked; or 25  (4) the actor recruited, enticed, or obtained the victim of the offense from a shelter or facility operating as a residential treatment center that serves runaway youth, foster children, the homeless, or persons subjected to human trafficking, domestic violence, or sexual assault. (b-1) An offense under this section is a felony of the first degree 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 25 years if it is shown on the trial of the offense that the actor committed the offense in a location that was: (1) on the premises of or within 1,000 feet of the premises of a school; or (2) on premises or within 1,000 feet of premises where: (A) an official school function was taking place; or (B) an event sponsored or sanctioned by the University Interscholastic League was taking place. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections. (d) If the victim of an offense under Subsection (a)(7)(A) is the same victim as a victim of an offense under Section 21.02, a defendant may not be convicted of the offense under Section 21.02 in the same criminal action as the offense under Subsection (a)(7)(A) unless the offense under Section 21.02: (1) is charged in the alternative; (2) occurred outside the period in which the offense alleged under Subsection (a)(7)(A) was committed; or (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a)(7)(A). Sec. 20A.03. CONTINUOUS TRAFFICKING OF PERSONS. (a) A person commits an offense if, during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20A.02 against one or more victims. (b) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 20A.02 or on which exact date the defendant engaged in that conduct. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, engaged in conduct that constituted an offense under Section 20A.02. (c) If the victim of an offense under Subsection (a) is the same victim as a victim of an offense under Section 20A.02, a defendant may not be convicted of the offense under Section 20A.02 in the same criminal action as the offense under Subsection (a), unless the offense under Section 20A.02: (1) is charged in the alternative; (2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a). 26  (d) A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 20A.02 is alleged to have been committed against the same victim. (e) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years. Sec. 20A.04. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY. (a) A party to an offense under this chapter may be required to provide evidence or testify about the offense. (b) A party to an offense under this chapter may not be prosecuted for any offense about which the party is required to provide evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury. For purposes of this subsection, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined. (c) A conviction under this chapter may be had on the uncorroborated testimony of a party to the offense. CHAPTER 21. SEXUAL OFFENSES Sec. 21.01. DEFINITIONS. In this chapter: (1) "Deviate sexual intercourse" means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object. (2) "Sexual contact" means, except as provided by Section 21.11 or 21.12, 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. (3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. (4) "Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction. Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL. (a) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). (2) "Disabled individual" has the meaning assigned by Section 22.021(b). (b) A person commits an offense if: (1) 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 (2) 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: 27  (A) 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 (B) a disabled individual. (c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws: (1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually; (2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child; (3) sexual assault under Section 22.011; (4) aggravated sexual assault under Section 22.021; (5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4); (6) sexual performance by a child under Section 43.25; (7) trafficking of persons under Section 20A.02(a)(3), (4), (7), or (8); and (8) compelling prostitution under Section 43.05. (d) If a jury is the trier of fact, members of the jury are not 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. 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. (e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c): (1) is charged in the alternative; (2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or (3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b). (f) A defendant may not be charged with more than one count under Subsection (b) 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. (g) With respect to a prosecution under this section involving only one or more victims described by Subsection (b)(2)(A), it is an affirmative defense to prosecution under this section that the actor: (1) was not more than five years older than: (A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or 28  (B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim; (2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and (3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c). (h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years. Sec. 21.07. PUBLIC LEWDNESS. (a) 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: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; or (3) act of sexual contact. (b) An offense under this section is a Class A misdemeanor. Sec. 21.08. INDECENT EXPOSURE. (a) 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. (b) An offense under this section is a Class B misdemeanor. Sec. 21.09. BESTIALITY. (a) A person commits an offense if the person knowingly: (1) engages in an act involving contact between: (A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or (B) the person's anus or genitals and the mouth of the animal; (2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing; (3) causes an animal to contact the seminal fluid of the person; 29  (4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice; (5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4); (6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4); (7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4); (8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control; (9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or (10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4). (b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree. (c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice. Sec. 21.11. INDECENCY WITH A CHILD. (a) 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. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three 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; and (3) at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or 30  (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. (b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense. (c) In this section, "sexual contact" 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. (d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree. Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. (a) An employee of a public or private primary or secondary school commits an offense if the employee: (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or pri