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1.2 Characteristics of Professionalism Characteristics of professionalism Service to others Assessment of needs to others Theoretical body of knowledge obtained through extended pre-service education Standards for entry, practice, and ethical conduct Professional association to maintain standards Continuing education and lifelong learning Police legitimacy and Procedural Justice Police legitimacy means people have trust and confidence in the police, accept police authority and believe officers are fair. Officers build public confidence by: Treating people with dignity and respect Making decisions fairly, based on facts, not illegitimate factors Giving people “voice”, a change to tell their side of the story Acting in a way that encourages community members to believe that they will be treated with goodwill in the future Departments that employ such principles - supported by a wealth of research experience higher levels of public cooperation with police efforts to address crime, incressed, compliance with the law, stronger public support for police, and greater deference to police in interactions with community members Police legitimacy and procedural justice applied The first pillar of procedural justice is fairness and consistency of rule application. Perceptions of fairness are driven not only by outcomes but also by the fairness and consistency of the processes used to reach those outcomes. The perception of fairness is not just about outcomes. People consider both the outcome of a decision and the process by which the decision was made when forming their opinion about whether a decision was fair. Often, the outcome of an interaction is less important than the interaction itself—whether respectful treatment was experienced by the parties involved. In short, the process of decision-making matters, the process of having a respectful conversation with a community member matters, and the process through which an outcome is arrived at matters. Giving Voice to all Parties The second pillar of procedural justice concerns voice. All people want to be heard and involving people or groups in the decisions that affect them affects their assessment of a given situation. Everyone wants to feel as though they have a measure of control over their fate; having voice in situations that may be somewhat out of their control (such as whether they get a traffic ticket) helps them to feel that their opinions matter and that someone is listening to their side of the story, taking them seriously, and giving some consideration to their concerns. Transparency The third pillar of procedural justice is transparency and openness of process. Transparency means that the processes by which decisions are made do not rely upon secrecy or deception. In other words, decisions unfold out in the open as much as possible as opposed to behind closed doors. Nobody likes to feel that their future is being decided upon another person’s whim; we like to be able to see how things are unfolding so that we can come to understand the ultimate result of a decision. When officers are as transparent as possible, community members are more likely to accept officers’ decisions—even if they are unfavorable to them. Impartiality The fourth pillar of procedural justice is impartiality and unbiased decision making. Impartial decisions are made based on relevant evidence or data rather than on personal opinion, speculation, or guesswork. Americans have a strong sense of fairness, and especially in our media-driven society— which allows for instant answers to nearly every question via the Internet—we want the facts. When people take the extra few minutes to make apparent to others the data used to make decisions, understanding and acceptance readily ensue The value of the professional model for law enforcement Advantages: Public better served Quality of peace officers is improved Ethical conduct More effective problem-solving Stronger community support and respect Stronger role in the criminal justice system More effective innovations Financial rewards Disadvantages Cost of training and development Higher salaries or remuneration for job occupant Limited entry into the workforce from poor because of limited opportunity for educational attainment Cultivating Relationships through Procedural Justice and Community Policing: A Model for Law Enforcement Officers and their Organizations Partnerships Refers to collaborative partnerships between law enforcement agencies and the individuals and organizations they serve to develop solutions to problems and increase trust. Partners with law enforcement may include local government agencies or departments, community groups, SART, nonprofit organizations, social service providers, private businesses, and members of the media. Problem-Solving Refers to the process of engaging in the proactive and systematic examination of identified problems to develop and rigorously evaluate effective responses. Key components of problem solving include the following: Scanning: Identifying and prioritizing problems. Analysis: Researching what is known about the problem. Response: Developing solutions to bring about lasting reductions in the number and extent of problems. Assessment: Evaluating the success of the responses. Using the crime triangle to focus on immediate conditions (victim/offender/location). Organizational Transformation Refers to the alignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem solving. Community policing, like procedural justice, should permeate the agency at all levels. It is important to be able to distinguish between professional and non-professional behavior. Sometimes the line is very narrow; sometimes there is a behavioral continuum. 1.6 Title 8 of Texas PC in relationship to an officer’s behavior Bribery - PC 36.02 (a) A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another: (1) any benefit as consideration for the recipient ’s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter; (2) any benefit as consideration for the recipient’s decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; (3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official; or (4) any benefit that is a political contribution as defined by Title 15, Election Code, or that is an expenditure made and reported in accordance with Chapter 305, Government Code, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit; notwithstanding any rule of evidence or jury instruction allowing factual inferences in the absence of certain evidence, direct evidence of the express agreement shall be required in any prosecution under this subdivision. (b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason. (c) It is no defense to prosecution under this section that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after: (1)the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or (2) the public servant ceases to be a public servant. (d) It is an exception to the application of Subdivisions (1), (2), and (3) of Subsection (a) that the benefit is a political contribution as defined by Title 15, Election Code, or an expenditure made and reported in accordance with Chapter 305, Government Code. (e) An offense under this section is a felony of the second degree. Perjury - PC 37.02 (a) A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning: (1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or (2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code. (b) An offense under this section is a Class A misdemeanor Aggravated Perjury - PC 37.03 (a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement: (1) is made during or in connection with an official proceeding; and (2) is material. (b) An offense under this section is a felony of the third degree 2.2 Historical Development of Police Service Models or Styles (2) From 1900 through the 1940s The use of the automobile provided a more rapid response to police calls for service. The advent of radio communications allowed calls for service to be dispatched to officers in the field. Many officers were reassigned from walking beats to radio cars. The assignment of officers from walking beats initiated the distancing of the police from the individual citizens through increased mobility. The police performance level increased due to rapid response, while actual communications with citizens decreased. The absence of quality evaluation was prevalent throughout the period. During this era, law enforcement personnel (especially the “beat officers”) were known by the citizens in the areas in which they worked. This relationship created a bond that made the officer feel an ownership of his work area. The community also felt a more personal relationship with their officer(s). American policing went through a “reform” era marked by the contributions of such men as August Vollmer, whose goal was to bring professionalism to the police. This age also saw the emergence of the present federal law enforcement system and the contributions of J. Edgar Hoover and the FBI. The National Commission on Law Observance and Enforcement (Wickersham Commission) reported in 1931 “the greatest promise for the future of policing is the college or university.” From 1950 through the 1970s Technology continued to improve, with computers and communications gradually becoming commonplace. The use of automobiles improved response time to calls for service. The increased use of automobile travel and technology created a fast-paced service style, which further removed peace officers from constant citizen contact. The professional police model developed with emphasis on accountability and increased standards. Success measures such as response time, crime statistics, and citizen complaints became common indicators of police performance. Police professionalism was again an issue in the late 60s when the President’s Commission on Law Enforcement and the Administration of Justice stated in 1967 that, in their opinion, police personnel should have two or four years of college education. This Commission indicated that the ultimate aim of all police departments was for personnel with general enforcement powers to have baccalaureate degrees. The National Advisory Commission on Criminal Justice Standards and Goals (NAC) reported in 1973 that the police still had low educational requirements. The NAC cited the recommendations of the 1967 commission and established minimum entry-level requirements. The immediate educational standard was to be one year of college. The educational standard increase was to continue by requiring two years of college by 1975, three years of college by 1978, and a baccalaureate degree by 1982. A study was done in 1986 of entry-level educational requirements to determine which of the NAC’s goals had been met. The responding 289 agencies reported that 0.9% had no minimum educational requirement, 84.8% had a high school or G.E.D. requirement, and 0.6% required a four-year baccalaureate degree. Evaluation research became a tool for success measurement. The Law Enforcement Assistance Administration (LEAA) funded numerous projects to speed up the criminal justice process. The development and use of numerous specialized units resulted in the removal of patrol officers from most follow-up activities. The patrol system became an incident-driven approach in which police officers often became little more than report takers in most communities. During this era, the police became controlled by the radio system. As a result of officers being required to answer calls for police services in a larger area, the peace officer lost much of the positive relationship and communications with the community From 1980 through Today Technology continues to improve with computers, mobile devices, and weapons. 2.6 Define “community policing” and explain this service model Community Policing Community policing is a new philosophy of policing, based on the concept that police officers and private citizens working together in creative ways can help solve contemporary community problems related to crime, fear of crime, social and physical disorder, and neighborhood decay. The philosophy is predicated on the belief that achieving these goals requires that police departments develop a new relationship with the law-abiding people in the community, allowing them a greater voice in setting local police priorities and involving them in efforts to improve the overall quality of life in their neighborhoods. It shifts the focus of police work from handling random calls to solving community problems. The Community policing philosophy is expressed in a new organizational strategy that allows police departments to put theory into practice. This requires freeing some patrol officers from the isolation of the patrol car and the incessant demands of the police radio, so that these officers can maintain direct, face-to-face contact with people in the same defined geographic area (beat) every day. This new “community policing officer” (CPO) serves as a generalist: an officer whose mission includes developing imaginative, new ways to address the broad spectrum of community concerns embraced by the community policing philosophy. The goal is to allow CPOs to own their beat areas, so that they can develop the rapport and trust that is vital in encouraging people to become involved in efforts to address the problems in their neighborhoods. The CPO acts as the police department’s outreach to the community, serving as the people’s link to other public and private agencies that can help. The CPO not only enforces the law but supports and supervises community-based efforts aimed at local concerns. The CPO allows people direct input in setting day-to-day, local police priorities in exchange for their cooperation and participation in efforts to police themselves. Community policing requires both a philosophical shift in the way that police departments think about their mission and a commitment to the structural changes this new form of policing demands. Community policing provides a new way for the police to provide decentralized and personalized police service that offers every law-abiding citizen an opportunity to become active in the police process. Principles of Community Oriented Policing Community policing is both a philosophy and an organizational strategy that allows the police and community residents to work closely together in new ways to solve the problems of crime, fear of crime, physical and social disorder, and neighborhood decay. The philosophy rests on the belief that law-abiding people in the community deserve input into the police process, in exchange for their participation and support. It also rests on the belief that solutions to contemporary community problems demand freeing both people and the police to explore creative, new ways to address neighborhood concerns beyond a narrow focus on in individual crime incidents. Community policing organizational strategy first demands that everyone in the department, including both civilian and sworn personnel, must investigate ways to translate the philosophy into practice. This demand makes a subtle but sophisticated shift so that everyone in the department understands the need to focus on solving community problems in creative, new ways that can include challenging and enlisting people in the process of policing themselves. Community policing also implies a shift within the department that grants greater autonomy to line officers, which implies enhanced respect for their judgment as police professionals. To implement true community policing, police departments must also create and develop a new breed of line officer, the “community policing officer” (CPO), who acts as the direct link between the police and people in the community. As the department’s community outreach specialists, CPOs must be freed from the isolation of the patrol car and the demands of the police radio, so that they can maintain daily, direct, face-to-face contact with the people they serve in a clearly defined beat area. The CPO’s broad role demands continuous, sustained contact with the law-abiding people in the community, so that together they can explore creative new solutions to local concerns involving crime, fear of crime, disorder, and decay, with private citizens serving as unpaid volunteers. As full-fledged law enforcement officers, CPOs respond to calls for service and make arrests, but they also go beyond this narrow focus to develop and monitor broad-based, long-term initiatives that can involve community residents in efforts to improve the overall quality of life in the area over time. As the community’s ombudsman, the CPO also links individuals and groups in the community to the public and private agencies that offer help. Community policing implies a new contract between the police and the citizens it serves - one that offers the hope of overcoming widespread apathy, while restraining any impulse to vigilantism. This new relationship based on mutual trust also suggests that the police serve as a catalyst that challenges people to accept both their share of the responsibility for solving their own individual problems and their share of the responsibility for the overall quality of life in the community. The shift to community policing also means a slower response time for non-emergency calls, and that citizens themselves will be asked to handle more of their minor concerns; but in exchange this will free the department to work with people on developing long-term solutions for pressing community concerns. Community policing adds a vital proactive element to the traditional reactive role of the police, resulting in full-spectrum police service. As the only agency of social control open 24 hours a day, seven days a week, the police must maintain the ability to respond to immediate crises and crime incidents; but community policing broadens the police role so that they can make a greater impact on making changes today that hold the promise of making communities safer and more attractive places to live tomorrow. Community policing stresses exploring new ways to protect and enhance lives of those who are most vulnerable: juveniles, the elderly, minorities, the poor, the disabled, and the homeless. It both assimilates and broadens the scope of previous outreach efforts such as crime prevention and police/community relations units, by involving the entire department in efforts to prevent and control crime in ways that encourage the police and law-abiding people to work together with mutual respect and accountability. Community policing promotes the judicious use of technology, but it also rests on the belief that nothing surpasses what dedicated human beings, talking and working together, can achieve. It invests trust in those who are on the front lines together on the street, relying on their combined judgment, wisdom, and expertise to fashion creative new approaches to contemporary community concerns. Community policing must be a fully integrated approach that involves everyone in the department, with the CPOs as specialists in bridging the gap between the police and the people they serve. The community policing approach plays a crucial role internally, within the police department, by providing information and assistance about the community and its problems, and by enlisting broad-based community support for the department’s overall objectives. Community policing provides decentralized, personalized police service to the community. It recognizes that the police cannot impose order on the community from outside: people must be encouraged to think of the police as a resource they can use in helping to solve contemporary community concerns. It is not a tactic to be applied and then abandoned, but an entirely new way of thinking about the police role in society: a philosophy that also offers a coherent and cohesive organizational plan that police departments can modify to suit their specific needs. 3.1 Importance and Relevance of health habits, fitness, and wellness to the law enforcement profession Definition of Physical Fitness - The condition of the body that enables an individual to use his/her body in activities requiring without undue experience of fatigue and exhaustion. Physical Fitness equates to performance and to readiness Muscular strength Muscular endurance Cardiovascular endurance Flexibility Agility Power Speed Definition of Wellness - consists of a person’s health/ disease status and risk potential. Wellness ranges on a continuum from death to optimal well-being. Components of fitness can be divided into two categories: Functional and Health-Related Fitness—most important because these components don’t just focus on job functions; they are related to being a fit, functional, productive human being for a lifetime. Cardiovascular fitness or endurance Flexibility Muscular endurance (dynamic strength) Muscular strength (absolute strength) Body Composition Motor Fitness Agility Anaerobic power (Speed) Explosive leg strength or power These Functional and Motor Fitness components are the underlying physical factors in performing the essential tasks of the law enforcement officers’ job. Factors Influencing Fitness/Wellness The concept of the wellness lifestyle can be visualized in terms of a wellness pyramid Regular exercise and proper nutrition make up the foundation on which the Wellness Pyramid is built. Adequate attention and proper application to these two areas will set the standard for positive improvements in these areas. Self-responsibility is the cap that holds down all the other areas in the pyramid. Rather than being an area of mastery itself, it lends support to the successful application of the other wellness areas. How we act, react, function, and perform during our everyday life has the greatest impact on fitness/wellness. It is these behaviors that directly influence our fitness level and where we are on the wellness continuum (death to optimal well-being). As the chart shows below, the leading causes of death for Americans are heart disease and cancer. Lifestyle choices have a lot of influence in prevention of these diseases. The Health and Disability Status of Law Enforcement as a Profession As an occupational group, law enforcement professionals are like other Americans however, Police officers have a higher incidence of stress-related disorders than civilian population Alcoholism Suicide Divorce. Some recent studies have shown law enforcement has a lower rate than the general population. Improving Position on Wellness Continuum The Wellness Continuum ranges from death to optimal wellness, not just absence of disease. The following are actions that may help move the position on the continuum more towards wellness. Suggest brainstorming ideas Stop—Harmful drugs, smoking and chewing tobacco Limit alcohol Exercise regularly Eat less animal fat, cholesterol, and sodium Eat more complex carbohydrates and drink more water Achieve and maintain a healthy body weight as discussed with your doctor Limit sunlight exposure or wear sunblock Get immunizations Get regular medical check-ups and self-exams Fitness is the key to performance in the law enforcement profession and is directly related to the ability to perform job functions: Improved capability for specific task performance Improved ability to mobilize the body efficiently Improved tolerance to fatigue Reduced risk of injuries when doing physical tasks Better psychological preparation Reduced stress and health risks Law Enforcement Fitness Status Officers are usually hired (trainees) at average or above average fitness but the incumbent (field officer) is generally below average in fitness levels when compared to general population. Clearly, fitness amongst the law enforcement profession is an area of needed improvement. 3.7 Describe Relationship between nutrition and performance. Compare nutrition to fuel for a vehicle. An adequate amount of the right kinds of fuel is key to performance, disease prevention and wellness. The right kinds of fuel ensure that you have the energy to do essential job tasks such as: being able to produce 100% energy output for a few seconds. fuel your body for an 18-hour shift working search and rescue operation. to be alert in the early morning hours when environmental stimulation may be reduced. to have energy left at the end of the day to enjoy personal and family activities. Different types of fuel; carbohydrates, proteins, and fats produce energy at different rates and last for different periods of time. A good balance of these energy sources helps to ensure the proper fuel is available to the body to perform the tasks listed above. For example, carbohydrates provide quick energy but lasts for a short time. A diet restricting carbohydrates can have a negative impact on the officer’s energy and alertness level. Carbohydrate provides a quick energy source but is used up quickly, protein is slower in providing energy but last a few hours longer, fat is the slowest in providing energy but there is an ample supply and can provide that energy for a long time. A balance between these three types of energy sources helps to ensure the body gets a steady supply of energy, allowing it to be more alert, ready, and efficient over the duration between meals. Essential Dietary Components: Fuel Nutrients Carbohydrates Fats Proteins Non-Fuel Nutrients Vitamins Minerals Water Carbohydrates Carbohydrates are starches, sugars and fiber and are important for health and performance because it is used for: energy source; the body’s preferred source of energy burning fat efficiently the main energy source for the brain fiber helps to keep the digestive system working efficiently Highly restricted carbohydrate diets are usually not advised because of the performance and health issues listed above. Two Types of Carbohydrates and sources: Simple Carbohydrates: sweets, soft drinks, white flour, ice cream, cake Considered “empty calories” because they are low on nutrients Blood sugar rises fast and drops fast so energy is not long lasting and causes drastic peaks and valleys in energy Reducing intake of these is a better nutritional / performance choice Complex Carbohydrates: Potatoes, whole grains, beans, fruits, vegetables Full of vitamins, minerals, and fiber Energy is provided slowly and gradually Increasing the intake is a better nutritional / performance choice Carbohydrate needs: 55-60% (70% for athletes) of total daily calories Protein Protein is made up of amino acids often called the “building blocks” of the body because it is used for building, maintaining, and repairing tissue. Protein is needed for building components in the blood that carry oxygen and fight infection. It can be used in an emergency for energy if carbohydrates are not available for fuel. Sources of protein include meat, fish, poultry, eggs, milk, beans, soybeans. Protein needs: about 12-15% of the daily calories. It is a common myth that those trying to build muscle mass and gain strength need to consume large amounts of protein. Fat The most concentrated and essentially endless source of calories which are necessary for nerve functioning, storing fat soluble vitamins, insulation, and protection for body organs. Sources of fat include butter, cream, oils, packaged snacks, cheese and baked goods. Fat needs: No more than 30% of total calories, 7-10% for those with heart or cholesterol problems. Saturated vs. Unsaturated Fats: Understanding the difference in saturated and unsaturated fats can help with decision-making in nutrition. Saturated fats tend to be solid at room temperature and mostly come from animal sources such as whole milk, cheese, butter, beef, and pork. Tropical oils such as palm, coconut, and palm kernel oil (all commonly used in fast and packaged foods) are saturated fats although they are liquid and are from plants. Unsaturated fats tend to be liquid at room temperature and most often come from vegetable sources. These fat choices can help control cholesterol levels and prevent strokes and heart attacks. Sources: safflower oil, olive oil, canola oil, avocados, and nuts. Relationship between fat and cholesterol: Fat contains cholesterol and affects the way cholesterol is metabolized in the body. Cholesterol is a natural substance essential to body functions but too much of it can cause it to deposit on arteries which can cause stroke or heart attack. HDL cholesterol is considered “good cholesterol” and helps to carry cholesterol to the liver. It is “protective” so the higher the HDL the better. Exercise and weight loss can increase HDL. LDL is the “bad cholesterol” which tends to clog arteries. Reducing unsaturated fats in the diet can reduce LDL. Trans fat, often seen in packaged cookies, crackers, pastries, chips, is a fat that started out as unsaturated fat but was altered to where it acts like a saturated fat in the body with all the related negatives effects on health. Recent studies indicate that limiting trans fat is prudent. Carbohydrate, Protein and Fat Balance: A healthy balance of the fuel nutrients carbohydrate, protein and fat helps to ensure a balance in the energy needs, proper nutrients and reduce cardiac risks. Below is a chart of how the daily calories should be divided for the average person, it may vary with conditions such as someone with high cholesterol or high risk for heart disease may need to cut fats lower. Your plate should look like the chart below except the fat portion would be half that size since it is more than twice the concentration of calories per gram as the other fuel sources. Non-Fuel Nutrients: Vitamins Minerals, and Water Vitamins & Minerals: Vitamins are organic substances essential for metabolism, growth, and development. They do not provide any energy—no calories but are essential in energy processes. Minerals are inorganic substances also needed in very small quantities. Vitamin and mineral needs can usually be met by a balanced diet but if there is a doubt, a daily multivitamin mineral supplement can ensure that needs are met. One that meets 100% of the RDA Recommended Daily Allowance is all that is needed. Excessive supplementation can cause serious imbalances as some vitamins and minerals affect the absorption of others—moderation is key. Water: The most important mineral! It is absolutely necessary for life and is needed for all body processes. The thirst mechanism is not a reliable indicator of water needs—don’t rely on it. Drink 6-8 eight-ounce glasses of water each day—more if exercising. Water should be consumed prior, during and following exercise. 4.5 Criteria for Continuing Education (1) Legislatively Required Continuing Education for Licensees--§218.3 Each Training unit (2 years) Complete 40 hours of continuing education Each Training Unit (4 years) (1) Peace officers who have not yet reached intermediate proficiency certification shall complete: Cultural Diversity (3939), Special Investigative Topics (3232), Crisis Intervention (3843) and De-escalation (1849). Chiefs have to complete training within 2 years of appointment. Constables have 2 years to receive training when first appointed, 40 hours training for 48 month cycle Reporting Legislatively Required Continuing Education--§218.5 Each agency, academy, or training provider shall maintain proof of licensee’s completion of legislatively required continuing education training in a format currently accepted by the commission. License Suspension--§223.15 License of a person charged with a felony and placed on community supervision shall be suspended for thirty years. Convicted or placed on community supervision for offense above Class C - 10 years Class A - 120 days Class B - 60 days Failure to comply with legislative continuing education - 90 days first time, 180 days second time. 5.1 Definitions, key concepts, and origins or Prejudice Definitions Attitude - A cognitive position based on a person’s knowledge, feelings, and experiences about someone or something influencing him/her to behave in certain way about that person or thing. Attitude change because of life experiences. They may exist in a correlative relationship. Race- refers to groups of people with common ancestry and physical characteristics. Since no “pure” races exist, some prefer to avoid reference to race and instead discuss group differences under the heading of ethnicity. Ethnicity - refers to shared culture and background. Normally they share the same language, religion, and other cultural patterns. Ethnocentrism - act of regarding one’s culture as the “center of the universe” and hence the basis for all comparisons with other cultures. Prejudice - an adverse judgment or opinion formed beforehand or without knowledge or examination of the facts. Culture - way of thinking and acting based on tradition, Discrimination - acting on the basis of prejudice. Who is prejudiced Prejudice is undersal ill. All of us have some kind of prejudice. As we learn about other cultures and people who are different from us, we learn to judge them relative to the norms of our own cultural group. Key is to be aware of the prejudices, to work at reducing their impact in our lives, and keep prejudices out of our job performance Functions of prejudice Ethnocentrism: provides a source of egotistic satisfaction, through comparing others with oneself. Stereotype and Categorical Treatment: affords a convenient grouping for people of whom one is not knowledgeable. Lumping or grouping such people together under a popular stereotyped description saves time and provides a convenient grouping. Scapegoat: provides a convenient group or person to blame when things go wrong in one’s personal life or in the community. Projection: provides an outlet for projecting one’s tensions and frustrations onto other people. Authoritarian personality: symbolizes one’s affiliation with a more dominant group. Societal Strain: leads to justification for various types of discrimination that are considered to be of advantage to the dominant group. Four basic feelings or attitudes harbored by most prejudiced persons Feeling of superiority: self-assured feeling on the part of certain individuals that they are superior or better than others are, which is frequently expressed in inappropriate jokes and disparaging remarks directed to those regarded as inferiors (e.g., suggesting that they are lazy, overly aggressive, stupid, tricky, deceitful, clannish, pushy, etc.) Others are strange and different: feeling that the other group is alien or different which promotes the social exclusion of members of a particular group and blocks any acceptance of a person on individual merit. These feelings foster aversion, dislike, or even open hostility against persons of a different group. Proprietary claims: as a member of the group, the individual believes he is entitled to exclusive or prior rights in a certain area. Fear: basic to prejudice. It excites the emotions to the point of overshadowing rational judgment. We believe that someone is trying to intrude and threaten the things that belong to us. 5.3 Discuss personal prejudices Concepts about human relations from the social scientists: Every individual is entitled to equal rights and dignities. They are entitled to them by virtue of being human. The right to be free implies the right to be different We should try to understand people different from us All people share certain common needs: Social needs Health Employment Shelter Food Positive self-image Bill of Rights for Americans and individuals residing in U.S. We tend to categorize people and make judgments about them rather than evaluate them based on their individual character. This can lead to stereotyping. Democracy cannot work for some unless it works for all 6.1 - CCP 2.131 Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. 6.3 Supreme Court Cases regarding traffic stops and prohibited racial profiling Whren v United States - Terry v Ohio Penn v Mimms Maryland v Wilson Myer v State 6.5 Logical and Social arguments against racial profiling There are appropriate reasons for unusual traffic stops (sus behavior the officer’s intuition, M.O.s, etc), but police work must stop short of cultural stereotyping and racism. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly - the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole. Racial profiling is self-fulfilling basic logic: if you believe that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more vulnerable. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds—it is a waste of law enforcement resources. Racial profiling is wrong and will not be tolerated: Racial profiling sends the dehumanizing message to our citizens that they are judged by the color of their skin and harms the criminal justice system by eviscerating the trust necessary for law enforcement to effectively protect our communities. Police cannot ascribe certain behavior traits to a person, or a group merely based on their race or ethnic background. If police action is taken, it must be because the person in question has violated a law, not because he or she is of a particular race, ethnicity, or gender. Police can only intervene based on what people do, not on what they look like. 7.1 Provisions of the US Constitution US Constitution Article 1 - All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Article 2- vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities. Article 3 - The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish USC. Habeas Corpus TX Constitution Art 1 Sec 12 CCP Art 1.08 US Amendment I Freedom of religion, speech, assembly, and petition TX Constitution Art. 1 Sec. 4: No religious test TX Constitution Art. 1 Sec. 6: Freedom of worship TX Constitution Art. 1 Sec. 8: Freedom of speech and press TX Constitution Art. 1 Sec. 27: Right of Assembly and Petition CCP Art. 1.16: Liberty of Speech and Press CCP Art. 1.17: Religious Belief USC Amendment II Right to keep and bear arms TX Constitution Art 1 Sec 23 USC Amendment III Quartering of soldiers TX Constitution Art 1 Sec 25: Quartering Soldiers in Houses USC Amendment IV Unreasonable Searches and Seizures TX Constitution Art 1 Sec 9: Searches and Seizures USC Amendment V Due Process, indictment by grand jury, double jeopardy, self-incrimination, property taken without just compensation TX Constitution Art. 1 Sec. 10: Rights of Accused in Criminal Prosecutions TX Constitution Art. 1. Sec. 13: Excessive Bail, Cruel and Unusual Punishment, Due Course of Law TX Constitution Art. 1 Sec. 14: Double Jeopardy TX Constitution Art. 1 Sec. 17: Taking Property TX Constitution Art. 1 Sec. 19: Deprivation of Life, Liberty, Property, Due Course of Law CCP Art. 1.04: Due Course of Law CCP Art. 1.05: Rights of Accused CCP Art. 1.10: Jeopardy CCP Art. 1.11: Acquittal a Bar Amendment VI Speedy and public trial, impartial jury, informed nature and cause of accusation, confronted by witnesses, compulsory process for witnesses, assistance of counsel TX Constitution Art. 1 Sec. 10: Rights of Accused in Criminal Prosecutions TX Constitution Art. 1 Sec. 15: Right of Trial by Jury CCP Art. 1.05: Rights of Accused CCP Art. 1.051: Right to Representation by Counsel CCP Art. 1.12: Right to Jury CCP Art. 1.15: Jury in Felony CCP Art. 1.24: Public Trial CCP Art. 1.25: Confronted by Witnesses USC Amendment VII Right to trial by jury in civil cases USC Amendment VIII (8) Excessive bail, cruel and unusual punishment TX Constitution Art. 1 Sec. 11: Bail TX Constitution Art. 1 Sec. 11a: Multiple Convictions, Denial of Bail TX Constitution Art. 1. Sec. 11b: Violation of Condition of Release TX Constitution Art. 1 Sec. 11c: Violation of Protective Order- Family Violence TX Constitution Art. 1 Sec. 13: Excessive Bail, Cruel and Unusual Punishment, Due Course of Law TX Constitution Art. 1 Sec. 20: Outlawry or Transportation TX Constitution Art. 1 Sec. 21: Corruption of Blood CCP Art. 1.07: Right to Bail CCP Art. 1.09: Cruelty Forbidden CCP Art. 1.18: Outlawry and Transportation CCP Art. 1.19: Corruption of Blood USC Amendment IX (9) All rights not enumerated are retained by the people TX Constitution Art 1 Sec 2: Inherent Political Power USC Amendment X (10) Powers not delegated to the Federal Government are retained by the states TX Constitution Art. 1 Sec. 1: Freedom and Sovereignty of the State USC 14th Amendment Due Process, Equal Protection TX Constitution Art. 1 Sec. 3: Equal Rights TX Constitution Art. 1. Sec 3a: Equality Under the Law Miscellaneous Rights USC Sec. 9 Cl. 2 Bill of Attainder, Ex Post Facto Law Writ of Cerotori - If the U.S. Supreme Court decides to hear a case on appeal it issues TX Constitution Art. 1 Sec. 16: Bills of Attainder, Ex Post Facto Law Any person may waive any right guaranteed them in court CCP Art. 1.13: Waiver of Trial by Jury CCP Art. 1.14: Waiver of Rights CCP Art. 1.141: Waiver of Indictment for Noncapital Felony PC 1.02 Objectives of Code The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives: (1) to insure the public safety through: (A) the deterrent influence of the penalties hereinafter provided; (B) the rehabilitation of those convicted of violations of this code; and (C) such punishment as may be necessary to prevent likely recurrence of criminal behavior; (2) by definition and grading of offenses to give fair warning of what is prohibited and of the consequences of violation; (3) to prescribe penalties that are proportionate to the seriousness of offenses and that permit recognition of differences in rehabilitation possibilities among individual offenders; (4) to safeguard conduct that is without guilt from condemnation as criminal; (5) to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses; and (6) to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction. PC 1.03 Effect of the Code (a) Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute. (b) The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise; however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code. (c) This code does not bar, suspend, or otherwise affect a right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this code defines as an offense, and the civil injury is not merged in the offense. PC 1.04 Territorial Jurisdiction (a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if: (1) either the conduct or a result that is an element of the offense occurs inside this state; (2) the conduct outside this state constitutes an attempt to commit an offense inside this state; (3) the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state; or (4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state. (b) If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred. (c) An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense. (d) This state includes the land and water and the airspace above the land and water over which this state has power to define offenses Sec. 1.06. COMPUTATION OF AGE. A person attains a specified age on the day of the anniversary of his birthdate. Sec. 1.07. DEFINITIONS. (a) In this code: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech. (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "actor." (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. (4) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code. (5) "Another" means a person other than the actor. (6) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. (7) "Benefit" means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (8-a) "Civil commitment facility" means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code. (9) "Coercion" means a threat, however communicated: (A) to commit an offense; (B) to inflict bodily injury in the future on the person threatened or another; (C) to accuse a person of any offense; (D) to expose a person to hatred, contempt, or ridicule; (E) to harm the credit or business repute of any person; or (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. (10) "Conduct" means an act or omission and its accompanying mental state. (11) "Consent" means assent in fact, whether express or apparent. (12) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (13) "Corporation" includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. (14) "Correctional facility" means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes: (A) a municipal or county jail; (B) a confinement facility operated by the Texas Department of Criminal Justice; (C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and (D) a community corrections facility operated by a community supervision and corrections department. (15) "Criminal negligence" is defined in Section 6.03 (Culpable Mental States). (16) "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code. (17) "Deadly weapon" means: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (18) "Drug" has the meaning assigned by Section 481.002, Health and Safety Code. (19) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if: (A) induced by force, threat, or fraud; (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or (D) given solely to detect the commission of an offense. (20) "Electric generating plant" means a facility that generates electric energy for distribution to the public. (21) "Electric utility substation" means a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public. (22) "Element of offense" means: (A) the forbidden conduct; (B) the required culpability; (C) any required result; and (D) the negation of any exception to the offense. (23) "Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary. (24) "Government" means: (A) the state; (B) a county, municipality, or political subdivision of the state; or (C) any branch or agency of the state, a county, municipality, or political subdivision. (25) "Harm" means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. (26) "Individual" means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. (27) Repealed by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.144, eff. September 1, 2009. (28) "Intentional" is defined in Section 6.03 (Culpable Mental States). (29) "Knowing" is defined in Section 6.03 (Culpable Mental States). (30) "Law" means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. (30-a) "Mass shooting" means a person's discharge of a firearm to cause serious bodily injury or death, or to attempt to cause serious bodily injury or death, to four or more persons: (A) during the same criminal transaction; or (B) during different criminal transactions but pursuant to the same scheme or course of conduct. (31) "Misdemeanor" means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. (32) "Oath" includes affirmation. (33) "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. (34) "Omission" means failure to act. (35) "Owner" means a person who: (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or (B) is a holder in due course of a negotiable instrument. (36) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law. (37) "Penal institution" means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. (38) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. (39) "Possession" means actual care, custody, control, or management. (40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (41) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties: (A) an officer, employee, or agent of government; (B) a juror or grand juror; or (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or (D) an attorney at law or notary public when participating in the performance of a governmental function; or (E) a candidate for nomination or election to public office; or (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. (42) "Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. (43) "Reckless" is defined in Section 6.03 (Culpable Mental States). (44) "Rule" includes regulation. (45) "Secure correctional facility" means: (A) a municipal or county jail; or (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. (46) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (46-a) "Sight order" means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft. (46-b) "Federal special investigator" means a person described by Article 2.122, Code of Criminal Procedure. (47) "Swear" includes affirm. (48) "Unlawful" means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. (49) "Death" includes, for an individual who is an unborn child, the failure to be born alive. (b) The definition of a term in this code applies to each grammatical variation of the term. 2.02 Exception (a) An exception to an offense in this code is so labeled by the phrase: "It is an exception to the application of...." (b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception. (c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code 2.04 Affirmative Defense (a) An affirmative defense in this code is so labeled by the phrase: "It is an affirmative defense to prosecution...." (b) The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense. (c) The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense. (d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence 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 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. 7.01 Parties to Offense (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. 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 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. In this subsection, "conspiracy" means an agreement between two or more persons to commit a felony 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 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. 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). 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. 12.42 Repeat and Habitual Felony Offenders on Trial for Felonies (a) Except as provided by Subsection (c)(2), if it is shown on the trial of a felony of the third degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the second degree. (b) Except as provided by Subsection (c)(2) or (c)(4), if it is shown on the trial of a felony of the second degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished for a felony of the first degree. (c)(1) If it is shown on the trial of a felony of the first degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35(a), on conviction the defendant shall be punished by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 15 years. In addition to imprisonment, an individual may be punished by a fine not to exceed $10,000. (2) Notwithstanding Subdivision (1), a defendant shall be punished by imprisonment in the Texas Department of Criminal Justice for life if: (A) the defendant is convicted of an offense: (i) under Section 20A.02(a)(7) or (8), 21.11(a)(1), 22.021, or 22.011, Penal Code; (ii) under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually; or (iii) under Section 30.02, Penal Code, punishable under Subsection (d) of that section, if the defendant committed the offense with the intent to commit a felony described by Subparagraph (i) or (ii) or a felony under Section 21.11, Penal Code; and (B) the defendant has been previously convicted of an offense: (i) under Section 43.25 or 43.26, Penal Code, or an offense under Section 43.23, Penal Code, punishable under Subsection (h) of that section; (ii) under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; (iii) under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually; (iv) under Section 30.02, Penal Code, punishable under Subsection (d) of that section, if the defendant committed the offense with the intent to commit a felony described by Subparagraph (ii) or (iii); or (v) under the laws of another state containing elements that are substantially similar to the elements of an offense listed in Subparagraph (i), (ii), (iii), or (iv). (3) Notwithstanding Subdivision (1) or (2), a defendant shall be punished for a capital felony if it is shown on the trial of an offense under Section 22.021 otherwise punishable under Subsection (f) of that section that the defendant has previously been finally convicted of: (A) an offense under Section 22.021 that was committed against a victim described by Section 22.021(f)(1) or was committed against a victim described by Section 22.021(f)(2) and in a manner described by Section 22.021(a)(2)(A); or (B) an offense that was committed under the laws of another state that: (i) contains elements that are substantially similar to the elements of an offense under Section 22.021; and (ii) was committed against a victim described by Section 22.021(f)(1) or was committed against a victim described by Section 22.021(f)(2) and in a manner substantially similar to a manner described by Section 22.021(a)(2)(A). (4) Notwithstanding Subdivision (1) or (2), and except as provided by Subdivision (3) for the trial of an offense under Section 22.021 as described by that subdivision, a defendant shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole if it is shown on the trial of an offense under Section 20A.03 or of a sexually violent offense, committed by the defendant on or after the defendant's 18th birthday, that the defendant has previously been finally convicted of: (A) an offense under Section 20A.03 or of a sexually violent offense; or (B) an offense that was committed under the laws of another state and that contains elements that are substantially similar to the elements of an offense under Section 20A.03 or of a sexually violent offense. (5) A previous conviction for a state jail felony punishable under Section 12.35(a) may not be used for enhancement purposes under Subdivision (2). (d) Except as provided by Subsection (c)(2) or (c)(4), if it is shown on the trial of a felony offense other than a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felony offenses, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished 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. A previous conviction for a state jail felony punishable under Section 12.35(a) may not be used for enhancement purposes under this subsection. (e) Repealed by Acts 2011, 82nd Leg., ch. 834 (H.B. 3384), § 6. (f) For the purposes of Subsections (a), (b), and (c)(1), an adjudication by a juvenile court under Section 54.03, Family Code, that a child engaged in delinquent conduct on or after January 1, 1996, constituting a felony offense for which the child is committed to the Texas Juvenile Justice Department under Section 54.04(d)(2), (d)(3), or (m), Family Code, or Section 54.05(f), Family Code, or to a post-adjudication secure correctional facility under Section 54.04011, Family Code, is a final felony conviction. (g) For the purposes of Subsection (c)(2): (1) a defendant has been previously convicted of an offense listed under Subsection (c)(2)(B) if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed under Subsection (c)(2)(B) is a conviction of an offense listed under Subsection (c)(2)(B). (h) In this section, “sexually violent offense” means an offense: (1) described by Article 62.001(6), Code of Criminal Procedure; and (2) for which an affirmative finding has been entered under Article 42.015(b) or 42A.105(a), Code of Criminal Procedure, for an offense other than an offense under Section 21.02 or 22.021. 15.01 Criminal attempt Intent to commit an offense Acts amounting more than mere preparation Faults to affect the commission of the offense. Punishment is one offense lower than the offense committed. 15.02 Criminal Conspiracy Intent that a felony be committed Agrees with one or more persons that they or one of them engage in conduct that would constitute an offense; and Performs an overt act in pursuance of the agreement. Punishment is one category lower than the most serious felony 19.02 Murder Intentionally or Knowingly causes the death of an individual Cause serious bodily injury and commits an act dangerous to human life that causes the death of an individual person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual knowingly manufactures or delivers a controlled substance; and individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual's body Punishment is felony of first degree 19.03 Capital Murder Commits murder on: 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 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 murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration commits the murder while escaping or attempting to escape from a penal institution 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 Child <10 y/o Offense is a Capital Felony 19.05 Criminal Negligent Homicide Person commits offense if he causes the death of an individual by criminal negligence. state jail felony 20.02 Unlawful Restraint Intentionally or Knowingly restrains another person Affirmative to Prosecution that person restrained was younger than 14 years of age, actor was relative of child, and sole purpose was to assume lawful control of the child. Class A Misdemeanor State Jail Felony if person restrained was a child younger than 17 years of age Felony Third Degree if actor recklessly exposes victim to substantial risk of serious bodily injury 20.03 Kidnapping Intentionally or Knowingly Abduct Another Person Affirmative Defense that; Abduction was not coupled with intent to use or threaten to use deadly force Actor was relative of the person abducted; and Actor’s sole intent was to assume lawful control of the victim Felony of Third Degree 20.04 Aggravated Kidnapping Intentionally or Knowingly abducts another person with the intent to; Hold for ransom or reward Use as a shield or hostage Facilitate commission of a felony or the flight after attempt or commission of a felony Inflict bodily injury on him or violate or abuse him sexually. Terrorize him or third person; or Interfere with performance of any governmental or political function Intentionally or knowingly abducts another person and uses or exhibits a deadly weapon Felony of the first Degree PC 20.05 - Smuggling of Persons Person commits an offense if the person knowingly; Uses motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to: Conceal the individual from peace officer or special investigator; OR 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 (3) assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner. Offense is a Felony of Third degree F2 is actor commits an offense that substantially places smuggled individual to suffer serious bodily injury or death Smuggled individual is <18 y/o Offense was committed for pecuniary benefit During commission of the offense, actor possesses firearms F1 - Direct commission of offense, smuggled individual became victim of sexual assault Smuggled individual suffered serious bodily injury or death PC 20A.02 - Trafficking of Persons Person commits an offense if they knowingly Traffics another person with intent that the trafficked person engage in forced labor or services Receives benefit from participating in venture that involves an activity described by subdivision (1) Traffics another person through force, fraud, or coercion, to engage in conduct prohibited (Prostitution offenses) traffics a child or disabled individual with the intent that the trafficked child or disabled individual engage in forced labor or services; 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; traffics a child or disabled individual and by any means causes the trafficked child or disabled individual 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 receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child or disabled individual trafficked in the manner described in Subdivision (7). Offense is an F2 F1 if: offense results in death, results in death of unborn child 21.07 - Public Lewdness Person knowingly engages in 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 Act of sexual intercourse Act of deviant sexual intercourse Act of sexual contact Offense is a Class A Misdemeanor Fel 3rd Degree if the actor is civilly committed as a sexually violent predator. 21.11 - Indecency with a Child Actor commits an offense if, with a child younger than 17 years of age, the person: (1) Engaged in sexual contact with the child or causes the child to engage in sexual contact; (2)With intent to arouse or gratify the sexual desire of any person; Exposes the person’s anus or any part of the person’s genitals, knowing the child is present Causes the child to expose the child’s anus or any part of the child’s genitals Offense is a Felony of the Second Degree under (1) Offense is a Felony Third Degree under (2) 22.01- Assault Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse (Class A Misdemeanor) (F3 if offense committed against Public Servant) Intentionally or knowingly threatens another with imminent bodily injury (Class C) Intentionally or Knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative (Class C) 22.05- Deadly Conduct (a) If he recklessly engaged in conduct that places another in imminent danger of serious bodily injury (b) offense if he knowingly discharges a firearm at or in the direction if: 1+ individuals;or Habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied (c) reckless and danger are presumed if actor knowingly pointed a firearm at or in direction of another Class A Misdemeanor 28.02- Arson (a) person starts a fire, regardless whether the fire continues after ignition, or causes an explosion with intent to destroy or damage (1)Any vegetation, fence, or structure (2) Any building, habitation, or vehicle (A) knowing that it is within the limits of an incorporated city or town (a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle. Section (a) is a felony of the second degree 29.03- Aggravated Robbery Commits robbery, and; Causes serious bodily injury to another; or Uses or exhibits a deadly weapon; or Causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death if they are; 65 years of age or older; or Disabled person Felony of the First Degree 30.02- Burglary (a) Offense, if without effective consent of the person; Enters a habitation, or a building, not open to the public, with intent to commit a felony, theft, or an assault; or Remains concealed, with intent to commit a felony, theft, or an assault in a building or habitation State Jail Felony if committed in a building other than a habitation Felony of the Second Degree if committed in a habitation **Remember, “Enter” means any part of the body, or object attached to the body. Remember Merritt’s Example with the hat** 30.05- Criminal Trespass (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation operating as a residential treatment center, or an aircraft or other vehicle, without effective consent and the person: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so. Class B Misdemeanor Class A if actor Commits offense at habitation or shelter center, Superfund Site, or on or in critical infrastructure facility; or Carries deadly weapon on or about the person 32.21- Forgery (b) Commits an offense if he forges a writing with intent to defraud or harm another (c) Class A Misdemeanor (e) Felony Third Degree if writing pupports to be: (1) issue of money, securities, postage or revenue stamps 32.31- Credit Card or Debit Card Abuse (b) Commits an offense if: (1) intent to obtain benefit fraudulently, he presents or uses a credit card or debit card with knowledge that (A) card has not been issued to him and is not used with the effective consent of the cardholder (B) Card has expired or has been revoked or canceled (2) Intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card (4) Steals a credit or debit card or, with knowledge that it has been stolen, received a credit or debit card with intent to use, sell, or transfer it to a person other than the issuer or cardholder. (7) uses or induces the cardholder to use the cardholder’s credit card or debit card to obtain property or service for the actor's benefit. (8) not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it (9) he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer State Jail Felony 32.53 - Exploitation of a Child, Elderly Individual, or Disabled Individual (b) Intentionally, knowingly, or recklessly causes exploitation of a child, elderly individual, or disabled individual (c) Felony of the Third Degree 33.021- Online Solicitation of a Minor (b) person 17 years of age or older commits an offense if with, with the intent to commit an offense, intentionally (F3; F2 if victim is < 14 y/o): (1) communicates in a sexually explicit manner with a minor; or (2) distributes sexually explicit material to a minor. (c) Knowingly solicits a minor to meet another person, including the actor, with the internet that the minor will engage in sexual contact, intercourse, or deviate sexual intercourse with the actor or another person Sec. 33A.02. UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE. (a) A person commits an offense if the person is an officer, shareholder, partner, employee, agent, or independent contractor of a telecommunications service provider and the person knowingly and without authority uses or diverts telecommunications service for the person's own benefit or to the benefit of another. (b) An offense under this section is: (1) a Class B misdemeanor if the value of the telecommunications service used or diverted is less than $500; (2) a Class A misdemeanor if: (A) the value of the telecommunications service used or diverted is $500 or more but less than $1,500; or (B) the value of the telecommunications service used or diverted is less than $500 and the defendant has been previously convicted of an offense under this chapter; (3) a state jail felony if: (A) the value of the telecommunications service used or diverted is $1,500 or more but less than $20,000; or (B) the value of the telecommunications service used or diverted is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter; (4) a felony of the third degree if the value of the telecommunications service used or diverted is $20,000 or more but less than $100,000; (5) a felony of the second degree if the value of the telecommunications service used or diverted is $100,000 or more but less than $200,000; or (6) a felony of the first degree if the value of the telecommunications service used or diverted is $200,000 or more. (c) When telecommunications service is used or diverted in violation of this section pursuant to one scheme or continuing course of conduct, whether or not in a single incident, the conduct may be considered as one offense and the values of the service used or diverted may be aggregated in determining the grade of the offense. Sec. 33A.04. THEFT OF TELECOMMUNICATIONS SERVICE. (a) A person commits an offense if the person knowingly obtains or attempts to obtain telecommunications service to avoid or cause another person to avoid a lawful charge for that service by using: (1) a telecommunications access device without the authority or consent of the subscriber or lawful holder of the device or pursuant to an agreement for an exchange of value with the subscriber or lawful holder of the device to allow another person to use the device; (2) a counterfeit telecommunications access device; (3) a telecommunications device or counterfeit telecommunications device; or (4) a fraudulent or deceptive scheme, pretense, method, or conspiracy, or other device or means, including a false, altered, or stolen identification. (b) An offense under this section is: Value Ladder 36.05- Tampering with Witness Intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witnesses or a perspective witness in an official proceeding: To Testify falsely Withhold any testimony, information, document, or thing Elude legal process summoning Felony of the Third Degree 38.02- Failure to Identify (a) Commits an offense if he intentionally refuse to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information (Class C) (b) intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has (Class B): (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. (b-1) A person commits an offense if the person (Class C) : (1) is an operator of a motor vehicle, as defined by Section 32.34, who is lawfully detained by a peace officer for an alleged violation of a law; (2) fails to provide or display the person's driver's license on the officer's request for the license; and (3) intentionally refuses to give the person's name, driver's license number, residence address, or date of birth to the peace officer on the officer's request for that information. (c) Except as provided by Subsections (d) and (d-1), an offense under this section is: (1) a Class C misdemeanor if the offense is committed under Subsection (a) or (b-1); or (2) a Class B misdemeanor if the offense is committed under Subsection (b). 38.06- Escape (a) A person commits an offense if the person escapes from custody when the person is: (1) under arrest for, lawfully detained for, charged with, or convicted of an offense; (2) in custody pursuant to a lawful order of a court; (3) detained in a secure detention facility, as that term is defined by Section 51.02, Family Code; or (4) in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code. (b) Except as provided in Subsections (c), (d), and (e), an offense under this section is a Class A misdemeanor. Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: (1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property; (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury; (4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the connection; (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (8) publishes on an Internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern; (9) makes obscene, intimidating, or threatening telephone calls or other electronic communications from a temporary or disposable telephone number provided by an Internet application or other technological means. (b) In this section: (1) "Electronic com photo-optical system. The term includes: (A) a communication initiated through the use of electronic mail, instant message, network call, a cellular or other type of telephone, a computer, a camera, text message, a social media platform or application, an Internet website, any other Internet-based communication tool, or facsimile machine; and (B) a communication made to a pager. (2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code. (3) "Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function. (c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if: (1) the actor has previously been convicted under this section; or (2) the offense was committed under Subsection (a)(7) or (8) and: (A) the offense was committed against a child under 18 years of age with the intent that the child: (i) commit suicide; or (ii) engage in conduct causing serious bodily injury to the child; or (B) the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A, Civil Practice and Remedies Code. (d) In this section, "matter of public concern" has the meaning assigned by Section 27.001, Civil Practice and Remedies Code. (e) For purposes of Subsection (a)(9), it is presumed that a person did not give effective consent to the actor's conduct if: (1) an application for a protective or restraining order against or with respect to the actor has been filed by or on behalf of the person under Subchapter A, Chapter 7B, Code of Criminal Procedure, Article 17.292, Code of Criminal Procedure, Section 6.504, Family Code, or Subtitle B, Title 4, Family Code, or an order has been issued against or with respect to the actor under one of those provisions; or (2) the person is married to the actor and a petition for dissolution of marriage has been filed, or the person was previously married to the actor and the marriage has been dissolved. 46.02- Unlawful Carrying Weapons (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and (3) is not: (A) on the person's own premises or premises under the person's control; or (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which: (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or (2) the person is: (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or (B) prohibited by law from possessing a firearm. (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. (a-4) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife; (2) is younger than 18 years of age at the time of the offense; and (3) is not: (A) on the person's own premises or premises under the person's control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; or (C) under the direct supervision of a parent or legal guardian of the person. (a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and (2) is not: (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the person's control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. (a-7) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) is not: (A) on the person's own premises or premises under the person's control; or (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; and (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). (a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. (d) An offense under Subsection (a-4) is a Class C misdemeanor. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). Unit 9 Code of Criminal Procedure CCP 2.12 - Who are Peace Officers (1) a sheriff, a sheriff ’s deputy, or a reserve deputy sheriff who holds a permanent peace officer license (2) a constable, a deputy constable, or a reserve deputy constable who holds a permanent peace officer license (3) a marshal or police officer of a municipality or a reserve municipal police officer who holds a permanent peace officer licensee; (4) a ranger, officer, or member of the reserve officer corps commissioned by the Public Safety Commission and the director of the Department of Public Safety; (5) an investigator of a district attorney ’s, criminal district attorney ’s, or county attorney’s office; (6) a law enforcement agent of the Texas Alcoholic Beverage Commission; (7) a member of an arson investigating unit commissioned by a municipality, a county, or the state; (8) an officer commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code; (9) an officer commissioned by the Texas Facilities Commission; (10) a law enforcement officer commissioned by the Parks and Wildlife Commission; (11) an officer commissioned under Chapter 23, Transportation Code; (12) a municipal park and recreational patrol officer or security officer; (13) a security officer or investigator commissioned as a peace officer by the comptroller; (14) an officer commissioned by a water control and improvement district (15) an officer commissioned by a board of trustees (16)an investigator commissioned by the Texas Medical Board; (17) an officer commissioned by: (A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District (B) the board of directors of the Ector County Hospital District (C) the board of directors of the Midland County Hospital District of Midland County, Texas; or (D) the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas (18) A commissioned county park ranger (19) An investigator employed by the Texas Racing Commission; (20) An officer commissioned under Chapter 554, Occupations Code; (21) An officer commissioned by the governing body of a metropolitan rapid transit authority or a regional transportation authority (22) An investigator commissioned by the attorney general (23) A security officer or investigator commissioned as a peace officer (24) An officer appointed by an appellate court (25) An officer commissioned by the state fire marshal (26) An investigator commissioned by the commissioner of insurance (27) An apprehension specialist or inspector general commissioned by the Texas Juvenile Justice Department as an officer under Section 242.102 or 243.052, Human Resources Code; (28) An officer appointed by the inspector general of the Texas Department of Criminal Justice (29) An investigator commissioned by the Texas Commission on Law Enfo

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