Glossary of CRIM LAW FINAL
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- Robbery (Common Law)
- Common law felony and is traditionally defened as larceny aggraved by the fact that the taking of the property is from the person or in presence of the owner by the use or the threatened imminent use of force
- TPC 29.02 - Robbery
- 1. A person commits an offense if, in the course of committing theft as defined in Chp. 31 and with intent to obtain or maintain control of the property, he:
a. Intentionally, knowingly, or recklessly cause bodily injury to another, or
b. Intentionally or knowingly threatens or places another in fear of imminent bodily injury or death
c. An offense under this section is a felony of the 2nd degree
- TPC 29.03 - Aggravated Robbery
- 1. A person commits an offense if he commits robbery, and he:
a. Causes serious bodily injury to another;
b. Uses or exhibits a deadly weapon; or
c. Causes bodily injury ot another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
i. 65 years of age or older, or
ii. A disabled person
2. An offense under this section is a felony of the 1st degree
3. In this section, “disabled person” means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm
- Extortion (Common Law)
- At common law was a misdeameanor. This could be ocmmitted only by a public officer and consisted of taking of a fee not authorized by law
- Burglary (Common Law)
- A break and entering of the dwelling of another at night with the intent to commit a felony within
- TPC 30.02 - Burglary
- 1. A person who commits an offense if, without the effective consent of the owner, the person:
a. Enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
b. Remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
c. Enters a building or habitation and commits or attempts to commit a felony, theft, or an assault
2. “enter” means to intrude:
a. Any part of the body; or
b. Any physical object connected with the body
- TPC 30.01 - Burglary Definitions
- 1. Habitation means a structure or vehicle that is adapted fr the overnight accommodation of persons, and includes:
a. Each separately secured or occupied portion of the structure or vehicle; and
b. Each structure appurtenant to or connected with the structure or vehicle
2. Building means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use
3. Vehicle includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation except such devices as are classified as “habitation”
- TPC 28.02 - Arson
- 1. A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:
a. Any vegetation, fence, or structure on open-space land; or
b. Any building, habitation, or vehicle:
i. Knowing that it is within the limits of an incorporated city or town;
ii. Knowing that it is insured against damage or destruction;
iii. Knowing that it is subject to a mortgage or other security interest
iv. Knowing that it is located on property belonging to another;
v. Knowing that it has located within it property belong to another; or
vi. When the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another
- Assault (Common Law)
- an attempted or failed battery
- Battery (Common Law)
- the applciation of force to the person of another that resulted in injury or offensive touching
- TPC 22.01 - Assault
- i. A person commits an offense if the person:
1. Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
2. Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;
3. 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.
ii. See statute for grading of offense.
- TPC 22.02 - Aggravated Assault
- i. A person commits an offense if the person commits assault as defined above and the person:
1. Causes serious bodily injury to another, including the person’s spouse; or
2. Uses or exhibits a deadly weapon during the commission of the assault.
ii. See Statute for grading of offense
- Simple Assault
- 1) an attempted battery or
2) an act by D that put person in apprehension of bodily harm
- the "threat to kill" is not in itself sufficient to support a conviction under simple assault and the fact and circumstances must be such as to show that person's subjective apprehension of bodily harm was reaosnable
- Kidnapping (Common Law)
- the forcible asportation - carrying away - of a person from their own country to another
- means to restrict a person’s movements without consent, so as to interfere substantially with the person’s liberty, by moving the person from one place to another or by confining the person. Restraint is without consent if it is accomplished by: (a) force, intimidation, or deception; or (b) any means, including acquiescence of the victim, if: (1) the victim is a child who is less than 14 years of age or an incompetent person, and the parent has not agreed; or (2) victim is a child between 14 and 17, the victim is taken outside the state and outside a 120-mile radius of the victim’s residence, and the parent has not agreed
- means to restrain a person with intent to prevent his liberation by : (1) secreting or holding him in a place where he is not likely to be found; or (2) using or threatening to use deadly force.
- TPC 20.02 - Unlawful Restraint
- i. A person commits an offense if he intentionally or knowingly restrains another person.
ii. It is an affirmative defense if:
1. the person restrained was a child younger than 14
2. the actor was a relative of the child; and
3. the actor’s sole intent was to assume lawful control of the child.
iii. See statute for grading of offense
- TPC 20.03 - Kidnapping
- i. A person commits an offense if he intentionally or knowingly abducts another person
ii. It is an affirmative defense to prosecution in this section that:
1. The abduction was not coupled with intent to use or threaten to use deadly force;
2. The actor was a relative of the person abducted; and
3. The actor’s sol intent was to assume lawful control of the victim.
iii. 3rd degree felony
- TPC 20.04 - Aggravated Kidnapping
- i. A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
1. Hold him for ransom or reward;
a. Use him as a shield or hostage;
b. Facilitate the commission of a felony or the flight after the attempt or commission of a felony;
c. Inflict bodily injury on him or violate or abuse him sexually;
d. Terrorize him or a third person; or
e. Interfere with the performance of any governmental or political function.
ii. A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
iii. 1st degree felony
iv. Except: the Δ may raise the issue as to whether he voluntarily released the victim in a safe place.
1. Will drop it down to a 2nd degree instead of 1st (policy consideration)
- TPC 20.05 - Unlawful Transport
- i. A person commits an offense if the person for pecuniary benefit transports an individual in a manner that:
1. Is designed to conceal the individual from local, state, or federal law enforcement authorities; and
2. Creates a substantial likelihood that the individual will suffer serious bodily injury or death.
ii. State jail felony.
- To determine whether the movement or confinement was beyond that necessary to consummate the act of attempted sexual battery look at whether additional movement or confinement:
- 1) prevented the victim from summoning help
2) lessened the d's risk of detection
3) created a significant danger or increased the victim's risk of harm
- When kidnapping is essentially incidental:
- 1) the removal or confinement did not substnatially increase the risk of harm to the victims
2) the victims' movement was slight
3) the confinement was brief
4) the victims "were not harmed in any way"
- TPC 6.02 - Requirement of Culpability
- i. A person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.
a. Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:
i. conscious objective or desire
i. aware of the nature of his conduct or that the circumstances exist.
i. aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
d. criminal negligence.
i. 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.
b. OBJECTIVE STANDARD – should have been aware
ii. If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element (i.e. unless it is a strict liability offense).
iii. Thus, if it is a non-strict liability offense, but the definition doesn’t prescribe a mental state, intent, knowledge, or recklessness suffices to establish criminal responsibility.
iv. Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.
- TPC 6.03 - Intentionally Culpable Mental State
- 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
- TPC 6.03 - Knowing Culpable Mental State
- 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 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
- TPC 6.03 - Reckless Culpable Mental STate
- 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 o 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.
a. Aware of a risk and disregards it, and the disregarding it is a gross standard of care that an ordinary person would exercise under all the circumstances
- TPC 6.03 - Criminal Negligence Culpable Mental State
- A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result f 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.
a. he ought to be aware of the risk, but he is not
- TPC 19.05 - Criminally Negligent Homicide
- 1) A person commits an offense if he causes the deaeth of an individual by criminal negligence
2) An offense under this section is a state jail felony
- Strict Liability Offenses
- Offenses that require no culpable mental state or that relax the general rule and require awareness of less than all nonmental elements of the crime
- TPC 8.02 - Mistake of Fact
- a. It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
b. Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
- TPC 2.05 - Presumptions
- a. If there is sufficient evidence of the facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable doubt of the presumed fact; and
b. If it is submitted to the jury, the court shall charge the jury as follows:
i. The facts giving rise to the presumption must be proven beyond a reasonable doubt
ii. If the facts are proven beyond a reasonable doubt, the jury may find that the element of the offense sought to be presumed exists
iii. Even so, the state must prove beyond a reasonable doubt each of the other elements of the offense
iv. If the jury has reasonable doubt as the existence of a fact or facts giving rise to the presumption, the presumption fails and the jury shall not consider it for any other purpose.
- Ignorance of law (Common law)
- Generally no defense
- TPC 8.03 - Mistake of Law
- a. It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
b. It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:
i. An official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or
ii. A written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.
c. Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.
d. Must be proved by preponderance of the evidence
- Claim of Right Doctrine
- One, who takes property in good faith, under fair color of cliam or title, honestly believing that he has a right to take it, is not guilty of larceny even though he is istkaen in such belief, since in such cases the felionous intent is lakcking
- Murder (Common Law)
- 1) Intent to cause grievous bodily harm
2) Depraved Indifference
- TPC 19.03 - Capital Muder
- i. Must intentionally and knowingly causing the death of another + attendant circumstances and:
a. The person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
b. The person INTENTIONALLY COMMITS THE MURDER IN THE COURSE OF COMMITTING OR ATTMEPTING TO COMMIT kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, or retaliation, or terroristic threat
a. Eliminates the knowingly
c. The person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder fro remuneration or the promise of remuneration
d. The person commits the murder while escaping or attempting to escape from a penal institution
e. The person, while incarcerated in a penal institution, murders another:
a. who is employed in the operation of the penal institution; or
b. with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
f. the person:
a. while incarcerated for an offense under this section or murder, murders another; or
b. while serving a sentence of life imprisonment or a term of 99 years for an offense under 20.04, 22.021, or 29.03, murders another
g. the person murders more than 1 person:
a. during the same criminal transaction; or
b. during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
h. the person murders an individual under 6 yrs of age; or
i. the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court
ii. An offense under this section is a capital felony
iii. If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the Δ is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense
- TPC 19.02 - Murder
- i. A person commits an offense if he:
a. Intentionally or knowingly causes the death of an individual;
b. Intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
c. Commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual
ii. Except as provided by (d), an offense under this section is a felony of the 1st degree
iii. At the punishment state of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the Δ proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the 2nd degree
a. Only brought up by person convicted of murder; person will still be convicted of murder just a lesser degree
- TPC 19.02(a)(1) - Adeuqate Cause
- i. Means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection
- TPC 19.02(a)(2) - Sudden Passion
- i. Passion directly causing by and arising out of provocation by the individual killed or another acting with the person killed which passion arise at the time of the offense and is not solely the result of former provocation
- Malice Aforethought
- the intention to kill, actual or implied, under circumstances which do not constitute excuse or justification or mitigate the degree of the offense to manslaughter.
i. The intent to kill may be implied where the actor actually intends to inflict great bodily harm or the natural tendency of his behavior is to cause death or great bodily harm
ii. A killing may be murder even though the actor harbored no hatred or ill will against the victim and even though he “acted on the spur of the moment”
- 4 types of killings:
- 1) Intentional murder --> malicious where the prepetrator acts with teh specific intent to kill
2) Malicious where the perpetrator has specific intent to inflict serious bodily harm which results in deaht
3) Depraved indifference murder --> Malice aforethough when an act may involve such a wanton and willful disregard of an unreasonable human risk, even if there is not actual intent to kill or injure
NO DEPRAVED INDIFFERENCE IN TEXAS--CLOSEST IS MANSLAUGHTER
4) Felony murder --> Malice existed when a killing occured in the course of intentional commission of a felony
- Depraved Indifference Murder
- like reckless manslaughter is a non-intentional homicide. The only mental state required is recklessness.
i. It differs from manslaughter, however, in that it must be shown that the actor’s reckless conduct is imminently dangerous and present a grave risk of death; in manslaughter, the conduct need only present the lesser “substantial risk” of death.
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