Penal Code

Start Studying!

Terms

undefined, object

copy deck

OBJECTIVES OF CODE. The general purposes of this code are to establish a system of ____________, penalties, and ________ measures to deal with conduct that unjustifiably and inexcusably causes or threatens ____ to those in: prohibitions; correctional ; harm
OBJECTIVES OF CODE: 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 ________ influence of the penalties hereinafter p: deterrent; rehabilitation; punishment
To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives: 2)by definition and ______ of offenses to give fair warning of what is prohibited and of the __________ of violation;: grading; consequences
To this end,the provisions of this code are intended, and shall be construed, to achieve the following objectives: (3) to prescribe penalties that are ___________ to the seriousness of offenses and that permit recognition of differences in __: proportionate ;rehabilitation
To this end,the provisions of this code are intended, and shall be construed, to achieve the following objectives: (4) to safeguard conduct that is without _____ from condemnation as criminal;: guilt
To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives: (5) to guide and limit the exercise of official __________ in law enforcement to prevent arbitrary or _________ treatment of persons: discretion; oppressive
To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives: (6) to define the scope of state _____ in law enforcement against specific offenses and to _______ the exercise of state criminal ju: interest; systematize
Conduct does not constitute an offense unless it is defined as an offense by statute, _________ ________, order of a county __________ court, or rule authorized by and lawfully ______ under a statute: municipal ordinance; commissioners ; adopted
CONSTRUCTION OF CODE. (a) The rule that a penal statute is to be _______ construed does not apply to this code. The provisions of this code shall be construed according to the fair import of their terms, to promote _______ and effect the: strictly; justice;objectives
COMPUTATION OF AGE. A person attains a specified age on the day of the __________ of his birthdate.: anniversary
"Act" means a ______ movement, whether voluntary or involuntary, and includes ________.: bodily; speech
"Actor" means a person whose ________ responsibility is in issue in a criminal action. Whenever the term "______" is used in this code, it means "actor.": criminal; suspect
"Agency" includes authority, board, _______, commission, committee, council, _______, district, division, and office.: bureau; department
"Association" means a government or governmental subdivision or ______, trust, partnership, or two or more persons having a joint or common _______ interest: agency; economic
"Coercion" means a threat, however communicated: to take or withhold action as a _______ _________, or to cause a public servant to take or withhold action.: public servant;
"Conduct" means an act or omission and its accompanying ______ state: mental
"Element of offense" means: A)the forbidden _____ ; B)the required __________; C)any required ______; and D)the negation of any _______ to the offense: conduct; culpability; result; exception
"Person" means an individual, corporation, or __________.: association
"Possession" means actual care, custody, control, or __________: management
"Death" includes, for an individual who is an unborn child, the failure to be ______ _______.: born alive
All persons are presumed to be innocent and no person may be convicted of an offense unless each ______ of the offense is proved ____________.: element; beyond a reasonable doubt
The ___________ _________ 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 _________.: prosecuting attorney ;exception
The prosecuting attorney is _________ to negate the existence of a defense in the accusation charging commission of the offense.: not required
The issue of the existence of a defense is not submitted to the jury unless ________ is admitted supporting the defense.: evidence
If the issue of the existence of a defense is submitted to the jury, the court shall charge that a ___________ ______ on the issue requires that the defendant be __________.: reasonable doubt; acquitted
A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and __________ consequences of a ________.: evidentiary; defense
The prosecuting attorney is __________ to negate the existence of an affirmative defense in the accusation charging commission of the offense.: not required
If the issue of the existence of an __________ ________ is submitted to the jury, the court shall charge that the defendant must prove the ________ _________ by a preponderance of evidence.: affirmative defense ; affirmative defense
If there is sufficient evidence of the facts that give rise to the _________, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the _________ as a whole clearly precludes a finding _________: presumption; evidence; beyond a reasonable doubt
the facts giving rise to the presumption must be proven ____________: beyond a reasonable doubt
Presumption: If such facts are proven beyond a reasonable doubt the jury may find that the _______ of the offense sought to be presumed exists, but it is not bound to so find: element
Presumption: Even though the jury may find the existence of such element, the state must prove _____________ each of the other elements of the offense charged.: beyond a reasonable doubt
Presumption: If the jury has a reasonable doubt as to the existence of a fact or facts giving rise to the presumption, the presumption _____ and the jury shall not consider the presumption for any purpose: fails
"Criminal episode" means the commission of ___ or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances: (1) the offenses are committe: two ;same; scheme
"Criminal episode" means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances: The offenses are the __: repeated
CONSOLIDATION AND JOINDER OF PROSECUTIONS. (a) A defendant may be prosecuted in a single criminal action for all offenses arising out of the _____ criminal episode. (b) When a single criminal action is based on more than one charging instrumen: same; 30 days
If a judgment of guilt is reversed, set aside, or vacated, and a new trial ordered, the state may not prosecute in a single criminal action in the new trial any offense not joined in the former prosecution unless evidence to establish probable guilt for: not known ;first
When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall be pronounced. Except as provided by Subsectio: concurrently
If the accused is found guilty of more than one offense arising out of the _____ criminal episode, the sentences may run concurrently or __________ if each sentence is for a conviction of: (1) an offense: (A) under Section _____;: same; consecutively ;

Sec. 49.08. INTOXICATION MANSLAUGHTER
If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run ____________ or consecutively if each sentence is for a conviction of: (1) an offense: for which a ____ _________ was: concurrently ;plea agreement
If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of: (2) an offense: (A) under Section ____,____,___: 21.11. INDECENCY WITH A CHILD;
22.011. SEXUAL ASSAULT;
22.021. AGGRAVATED SEXUAL ASSAULT;
25.02. PROHIBITED SEXUAL CONDUCT;
43.25. SEXUAL PERFORMANCE BY A CHILD;
17 years
A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or ____________.: possession
Possession is a _________ act if the possessor knowingly obtains or receives the thing possessed or is _______ of his control of the thing for a sufficient time to permit him to _________ his control.: voluntary; aware ;terminate
A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a _____ to perform the act.: duty
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 ____ mental element.: any
If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), ______, knowledge, or __________ suffices to establish criminal responsibility.: intent; recklessness
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 _______ ________ or _____ to engage in the conduct or cause the result.: conscious objective ;desire
A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he __ _______ of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge,: is aware; reasonably certain
A person acts _________, or is _______, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but _______ _________ a substantial and unjustifiable risk that the circumstances exist or the result will occu: recklessly; reckless; consciously disregards;
A person acts with ______ _______, or is ______ ________, with respect to circumstances surrounding his conduct or the result of his conduct when he _____________ of a substantial and unjustifiable risk that the circumstances exist or the result will occ: criminal negligence; criminally negligent; ought to be aware
If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all ________ are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in fur: conspirators; anticipated
______ means a director, officer, employee, or other person authorized to act in behalf of a corporation or association.: "Agent"
______ ___________ _______ means: (A) a partner in a partnership; (B) an officer of a corporation or association; (C) an agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed: "High managerial agent"
A corporation or association is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed, or recklessly tolerated by: (1) a _________ of the governing board acting in behalf of the corporatio: majority; high managerial agent
It is _______________ to prosecution of a corporation or association under Section 7.22(a)(1) or (a)(2) that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commissi: an affirmative defense
It is ________________ 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.: an affirmative defense
The term "mental disease or defect" does not include an abnormality manifested only by _______ criminal or otherwise antisocial conduct: repeated
It is _____________ 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.: a defense
It is ______________ to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.: no defense
It is ______________ to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon: (1) an official statement of the law contained in a written order or grant of permis: an affirmative defense ;interpreting
It is _____________ to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon: a written interpretation of the law contained in an opinion of a ______ of reco: an affirmative defense ;court; public official
Evidence of temporary insanity caused by ____________ may be introduced by the actor in mitigation of the __________ attached to the offense for which he is being tried.: intoxication; penalty
DURESS. (a) It is ___________ to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by _______ of imminent death or serious bodily injury to himself or another.: an affirmative defense ;threat
In a prosecution for an offense that does not constitute a felony, it is ________________ to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.: an affirmative defense
It is ________ that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.: no defense
It is ______________ to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person: a defense ;entrapment
Confinement is justified when _____ is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been ______ for an offense.: force; arrested
A person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of _________ force.: unlawful
A person in lawful possession of ____ or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the la: land ;interference
A person unlawfully dispossessed of land or tangible, movable property by another is justified in using _____ against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the pro: force ;pursuit
A person is justified in using deadly force against another to protect land or tangible, movable property: to prevent the other's imminent commission of arson, burglary, robbery, aggravated ______, _____ during the nighttime, or _______ ______: robbery; theft ;criminal mischief
The use of force, but not deadly force, against a child younger than __ years is justified: (1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and (2) when and to the degree the actor reasonably bel: 18; discipline; welfare
CLASSIFICATION OF OFFENSES. Offenses are designated as _______ or _________.: felonies; misdemeanors
Misdemeanors are classified according to the relative seriousness of the offense into three ________: (1) Class A misdemeanors; (2) Class B misdemeanors; (3) Class C misdemeanors.: categories
Conviction of a Class C misdemeanor does not impose any legal ______ or disadvantage: disability;
An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed _____; (2) confinement in jail for a term not to exceed ___ ____; or (3) both such fine and confinement.: $4,000; one year
An individual adjudged guilty of a Class B misdemeanor shall be punished by: (1) a fine not to exceed _____; (2) confinement in jail for a term not to exceed ___ _____; or (3) both such fine and confinement.: $2,000; 180 days
An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed ____.: $500
In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment or _____ is ________ on conviction of a capital felony.: death; mandatory
In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that a sentence of ____ _________ is mandatory on conviction of the capital felony.: life imprisonment
An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for ____ or for any term of not more than __ ____ or less than __ ____.: life ; 99 years ;5 years
In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed ________.: $10,000
An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than __ ______ or less than __ _____.: 20 years ; 2 years.
In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed _______.: $10,000
An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than ___ _____ or less than __ ____.: 10 years ;2 years
In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed ________.: $10,000
Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than ___ ______ or less than ___ ____.: two years ;180 days
In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed _______.: $10,000
An individual adjudged guilty of a state jail felony shall be punished for a _______ _______ felony if it is shown on the trial of the offense that: (1) a _______ __________ as defined by Section 1.07 was used or exhibited during the commission of t: third degree ;deadly weapon; deadly weapon ;deadly weapon
An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that: the individual has previously been finally convicted of any felony: (A) listed in Section 3g: murder, capitol murder,agg. kidap, agg rob, agg. sex assault, contorlled substance
Any conviction not obtained from a prosecution under this code shall be classified as follows: (1) "felony of the _____ ______" if imprisonment in a penitentiary is affixed to the offense as a possible punishment; (2) "Class B mi: third degree; jail; fine
If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of ___ state jail felonies, on conviction the defendant shall be punished for a third-degree felony.: two
If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the fir: second-degree
If it is shown on the trial of a state jail felony punishable under Section 12.35(c) or on the trial of a third-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished for a ______ _______ felony.: second-degree
If it is shown on the trial of a second-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished for a _____ ________felony.: first-degree
if it is shown on the trial of a first-degree felony that the defendant has been once before convicted of a felony, on conviction he shall be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life, or: 15
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: 25
If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail: 90
If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by: (1) a fine not to exceed $2,000; (2) confineme: 30
If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01(_________ _________) or 49.02 (______ _____________)that the defendant has been before convicted under either of those sections three times or three times f: Disorderly Conduct; Public intoxication ; 24 months ;$2,000; 180 days
If a corporation or association is adjudged guilty of an offense that provides a penalty including imprisonment, or that provides no specific penalty, a court may sentence the corporation or association to pay a fine in an amount fixed by the court, not: $20,000; $10,000 ;$2,000 ; $50,000 ;serious bodily injury
A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere _________ that tends but fails to effect the commission of the offense intended.: preparation
If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an _______ that aggravates the offense accompanies the attempt.: element
An offense under this section is one category _____ than the offense attempted, and if the offense attempted is a state jail felony, the offense is a _____________.: lower; Class A misdemeanor
A person commits criminal conspiracy if, with intent that a _______ be committed: (1) he agrees with _____ or more persons that they or one or more of them engage in conduct that would constitute the offense; and (2) he or ___ or more of them p: felony; one; one
An agreement constituting a conspiracy may be inferred from ____ of the parties: acts
An offense under this section is one category _____ than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a __________.: lower; Class A misdemeanor
CRIMINAL ___________; A person commits an offense if, with intent that a _______ ______ or ______ _______be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding: capital felony or felony of the first degree
A person may not be convicted under this section on the ________ _______ of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the othe: uncorroborated testimony;
An offense under this section is: (1) a felony of the ____ ______ if the offense solicited is a capital offense; or (2) a felony of the ____ ______ if the offense solicited is a felony of the first degree: first degree ;second degree
CRIMINAL SOLICITATION OF A MINOR?: One category lower than the solicited offense
CRIMINAL SOLICITATION OF A MINOR: In this section, "minor" means an individual younger than ____ of age.: 17 years
It is _____________ under Section 15.01 that under circumstances manifesting a voluntary and complete renunciation of his criminal objective the actor avoided commission of the offense attempted by abandoning his criminal conduct or, if abandonment was i: an affirmative defense to prosecution; affirmative
Attempt or conspiracy to commit, or solicitation of, a ___________ offense defined in this chapter is not an offense.: preparatory
UNLAWFUL USE OF CRIMINAL INSTRUMENT. (a) A person commits an offense if: (1) he possesses a criminal instrument with intent to use it in the commission of an offense?: One cateory lower than the intended offense
UNLAWFUL USE OF CRIMINAL INSTRUMENT. (a) A person commits an offense if: (2) with knowledge of its character and with intent to use or aid or permit another to use in the commission of an offense, he manufactures, adapts, sells, installs, or sets up: State Jail Felony
UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS: A person commits an offense if the person: (1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to: oral; An offense under this section is a felony of the second degree,
Criminal Attempt: One category lower than the offense attempted
Criminal Conspiracy: One category lower than the most serious felony conspired to
Criminal Solicitation: Capital offense solicited: 1st degree

1st degree offense solicited: 2nd degree
Criminal Solicitation of a Minor: One category lower that the offense solicited
Unlawful Use of Criminal Instrument: One category lower than intended offense

Manufacture or sale: State Jail.
Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications: 2nd Degree

Sell, manufacture, promotes, advertises: State Jail Felony
Unlawful Use of Pen Register of Trap and Trace Device: State Jail
Unlawful Access to Stored Communication: Class A

To obtain benefit or harm another: State jail
Illegal Divulgence of Public Communication: State Jail
But for tortious or illegal purpose or commercial advantage involving unscrambled radio communication: Class A
For tortious or illegal purpose or commercial advantage involving cellular phone, pager, etc: Class C
Unlawful Installation of Tracking Devices: Class A
Murder: 1st degree
Under influence of sudden passion: 2nd degree
Capital Murder: Capital Felony
Manslaughter: 2nd degree
Criminally Negligent Homicide: State Jail
Unlawful Restraint: Class A,

person restrained was younger than 17, public servant or actor was in custody at the time: State Jail Felony

Exposure to substantial risk of serious bodily injury; 3rd degree
Kidnapping: 3rd degree
Aggravated Kidnapping: 1st degree
Victim released alive and in safe place: 2nd degree
Unlawful Transport: State jail
Trafficking of Persons: 2nd degree
Against person younger than 14 YOA or a death resulted: 1st degree
Homosexual Conduct: Class C
Public Lewdness: Class A
Indecent Exposure: Class B
Indecency with a Child: By sexual contact: 2nd degree
By exposure: 3rd degree
Improper Relationship Between Educator and Student: 2nd degree
Improper Photography or Visual Recording: State jail
Assault: Bodily injury: Class A
Against family member with two priors: 3rd degree
Against public servant: 3rd degree
Threat or offensive touch: Class C, unless against elderly or disabled, then Class A
Sexual Assault: 2nd degree
Aggravated Assault: 2nd degree
Against a witness or informant or public servant: 1st degree
By public servant: 1st degree
Aggravated Sexual Assault: 1st degree
Injury to a Child, Elderly Individual, or Disabled Individual: Serious bodily injury, mental deficiency, impairment or injury: intentionally or knowingly - 1st degree; Recklessly: 2nd degree
Bodily injury: intentionally or knowingly: 3rd degree; Recklessly: State jail
Any or the above by criminal negligence: State jail
Abandoning or Endangering Child: With intent to return: State jail. Abandoned without intent to return: 3rd degree. Abandoned in dangerous circumstances: 2nd degree. Endangerment: State jail
Deadly Conduct: Class A, unless knowingly discharges firearm at individual or building: 3rd degree
Terroristic Threat: Intent to cause reaction by emergency agency: Class B. Intent to place in fear of imminent bodily injury: Class B. Intent to prevent occupation of public building, vehicle, etc.: Class A. Intent to cause impairment of public utilities, communications, transport: 3rd degree
Aiding Suicide: Class C
Resulting in serious bodily injury: State jail
Tampering with Consumer Product: Actual tampering: 2nd degree. Actual tampering with serious bodily injury: 1st degree. Threat to tamper: 3rd degree
Leaving a Child in a Vehicle: Class C
Harassment by Persons in Certain Correctional Facilities: 3rd degree
Bigamy: Class A
Prohibited Sexual Conduct: 3rd degree
Interference with Child Custody: State jail
Agreement to Abduct from Custody: State jail
Enticing a Child: Class B. With intent to commit a felony against child 3rd degree
Criminal Nonsupport: State jail
Harboring Runaway Child: Class A
Violation of Protective Order or Magistrate's Order: Class A, except w/2 priors or "stalking": 3rd degree
Sale or Purchase of Child: 3rd degree
Advertising for Placement of Child: Class A, 3rd degree w/ a prior
Arson: 2nd degree
With bodily injury or a place of worship: 1st degree
Criminal Mischief: Amended Value Ladder with respect to damage caused:
< $50 or substantial inconvenience: Class C
$50 but < $500: Class B
$500 but < $1,500; or $1,500 and causes impairment or diversion of public utilities or service: Class A
<$1,500 if property was a fence used to contain animals or livestock: State jail. $1,500 but < $20,000; or < $1,500, if property damages or destroyed is a habitation and if the damage or destruction is caused by firearm or explosive weapon: State jail
$20,000 but < $100,000: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more; 1st degree
Reckless Damage or Destruction: Class C
Interference with Railroad Property: Throwing objects or discharging firearm at train: Class B: causes bodily injury - 3rd degree
Tampering, obstruction or derailment: Class C
unless pecuniary damage results, in which case use Standard Value Ladder with respect to amount of damage
Graffiti: Amended Value Ladder with respect to damage: < $500: Class B
$500 but < $1,500; Class A
$1,500 but < $20,000; or if at a place of worship, cemetery, or community center with damages < $20,000; State jail
If marking made on a school or an institute of higher education: State jail. $20,000 but < $100,000: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more; 1st degree
Robbery: 2nd degree
Aggravated Robbery: 1st degree
Burglary: Building other than habitation: State jail
Habitation: 2nd degree
habitation w/ intent to commit, attempt, or felony other than felony theft: 1st degree
Burglary of Coin-operated or Coin Collection machines: Class A
Burglary of Vehicles: Class A
Criminal Trespass: Committed on property of a crop grown for consumption that is under cultivation, in the process of being harvested, or marketable: Class C; Generally: Class B in habitation or shelter, super fund site, or with deadly weapon carried: Class A
Trespass by Holder of License to Carry Concealed Handgun: Class A
Theft: Amended Value Ladder with respect to value of stolen property:
< $50: Class C, but prior theft conviction: Class B
At least $50 but < $500: Class B
< $20 by check: Class C, but with prior conviction for any theft: Class B
At least $20 but < $500 but check: Class B; Livestock valued under $20,000; or stolen from corpse or grave; or a firearm; or < $1,500 with two prior convictions: State jail
Theft of Services: Standard Value Ladder with respect to value of service
Theft of Trade Secrets: 3rd degree
Trespass by holder of licensed concealed handgun: Class A
Unauthorized Use of Vehicle: State jail
Tampering with Identification Number: Class A
Theft of or Tampering with Multichannel Video or Information Services: Class C; Previously convicted one time under this statue; Class B; Convicted two or more times: Class A with minimum fine of $2,000 and minimum confinement of 180 days; For remuneration: Class A
Manufacture, Sale, or distribution of Television / Cable Decoding, Descrambling, or Interception Device: Class A
Sale or Lease of Multichannel Video or Information Services Device: Class A
Forgery: Class A
Will, deed, security, credit card, check, contract, etc: State jail
Money, securities, stamps, government record, stocks, bonds; or other instruments issued by a state or national govt.: 3rd degree
Criminal Simulation: Class A
Trademark Counterfeiting: Value Ladder with respect to retail value:
<$20: Class C
$20 but < $500: Class B
$500 but < $1,500: Class A
$1,500 but < $20,000: State Jail
$20,00 but< $100,00: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more: 1st degree
Stealing or Receiving Stolen Check or Similar Sight Order: Class A
Credit Card or Debit Card Abuse: State Jail
False Statement to Obtain Property or Credit: Class A
Hindering Secured Creditors: Standard Value Ladder
Fraudulent Transfer of Motor Vehicle: Vehicle value at <$20,000: State jail
Vehicle valued at more than <$20,000: 3rd degree
Conduct involves failure to inform owner of location of vehicle: Class A
Credit Card Transaction Record laundering: Standard Value Ladder with respect to amount of the record of sale
Issuance of Bad Check: Class C
Class B, if check was issued under a court order (i.e. child support)
Deceptive Business Practices: Subdivisions (b)(1-6): Class C, unless prior conviction for Class B or Class C misdemeanor under this section, in which case Class A
Subdivisions (b)(7-12): Class A
Commercial Bribery: State jail
Rigging Publicly Exhibited Contest: Class A
Illegal Recruitment of Athlete: Standard Value Ladder with respect to the value of the benefit conferred
Misapplication of Fiduciary property or Property of Financial Institution: Standard Value Ladder with respect to the value of property misapplied
Securing Execution of Document by Deception: Standard Value Ladder with respect to the value of the property, service, or pecuniary interest
If defendant causes a public servant to file any judgment or document to evidence an act: State jail
Fraudulent Destruction, Removal, or Concealment of Writing: Class A, unless a will, deed, or other document required to be recorded publicly, in which case State jail
Simulating Legal Process: Class A: State jail with prior
Refusal to Execute Release of Fraudulent Lien or Claim: Class A
Deceptive Preparation and marketing of Academic Product: Class C
Fraudulent Use or Possession of Identifying Information: State jail
Breach of Computer Security: Class B, unless the actor knowingly obtains a benefit, defrauds or harms another, or alters, damages, or deletes property, in which case:
Aggregate amount <$1,500: Class A
$1,500 but < $20,000; or < $1,500 with two priors: State Jail
$20,00 but< $100,00: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more: 1st degree
Unauthorized Use of Telecommunications Service: Standard Value Ladder with respect to the value of service used or diverted:
<$500: Class B
$500 but < $1,500 or <$500 w/a prior: Class A
$1,500 but < $20,000 or < $1,500 w/two prior:: State Jail
$20,00 but< $100,00: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more: 1st degree
Manufacture, Possession, or Delivery of Unlawful Telecommunications Device: 3rd Degree
Theft of Telecommunications Service: Standard Value Ladder with respect to the service:
<$500: Class B
$500 but < $1,500 or <$500 w/a prior: Class A
$1,500 but < $20,000 or < $1,500 w/ two prior:: State Jail
$20,00 but< $100,00: 3rd degree
$100,000 but < $200,000: 2nd degree
$200,000 or more: 1st degree
Publication of Telecommunication Access Device: Class A; 3rd degree w/ prior
Money Laundering: If value of funds is:
At least $3,000, but less than $20,000: 3rd degree
$20,000 but less than $100,000: 2nd degree
$100,000 or more: 1st degree
Insurance Fraud: Standard Value Ladder with respect to the value of the claim.
With risk to person of death or serious bodily injury: 1st degree
Bribery: 2nd degree
Coercion of Public Servant or Voter: Class A; 3rd degree if coercion is to commit a felony
Improper Influence: Class A
Tampering with a witness: State Jail
Obstruction or Retaliation: 3rd degree
Acceptance of Honorarium: Class A
Gift to Public Servant by Person Subject to His Jurisdiction: Class A
Offering Gift to Public Servant: Class A
Perjury: Class A
Aggravated Perjury: 3rd degree
False Report to Police Officer: Class B
False Report Regarding Missing Child or Missing Person: Class C
Tampering with or Fabricating Physical Evidence: 3rd degree
Destroying evidence in criminal investigation or failure to report the existence of or location of remains to a law enforcement agency: Class A
Tampering with Governmental Record: Class B if defendant makes, presents, or uses any document with intent to be taken as genuine, or intended to show a false record, document or thing as a genuine government record.
State jail if with intent to defraud or harm
3rd degree if false entry or alteration of government document;
Intentionally destroying, concealing, or impairing the availability or legibility of a government record;
Possession with intent to sell or offer to sell, with intent to be used unlawfully; possession with knowledge that it was obtained unlawfully;
3rd degree: if record was a public school record, assessment instrument, license, permit, seal or title.
2nd degree: intent to defraud or harm another
Fraudulent Filing of Financial Statement: If statement is forged: 3rd degree; w/ two priors: 2nd degree
If statement contains material false statement, or is groundless: Class A; State jail w/ intent to defraud or harm
Impersonating Public Servant: 3rd degree
False Identification as Peace Officer; Misrepresentation of property: Class B
Record of Fraudulent Court: Class A; 3rd degree w/ two priors
Failure to identify: Class C; Class B if defendant was a fugitive
Resisting Arrest, Search, or Transportation: Class A; 3rd degree if deadly weapon used
Evading Arrest or Detention: Class B
Vehicle used in flight: Class A; State jail w/ prior
If another suffers serious bodily injury by attempt by peace officer to apprehend: 3rd degree: if death results, 2nd degree
Hindering Apprehension or Prosecution: Class A; 3rd degree if hindering apprehension of a felon or juvenile who committed felony conduct
Escape: Class A
Felon who escapes from correctional facility: 3rd degree
Causes bodily injury: 2nd degree
Causes serious bodily injury or uses a deadly weapon: 1st degree
Permitting or Facilitating Escape: Class A
Incarcerated felon, other than in secure correctional facility: 3rd degree
Used or threatened to use deadly weapon; or felon confined in secure correctional facility: 2nd degree
Implements of Escape: 3rd degree
Deadly weapon: 2nd degree
Bail Jumping and Failure to Appear: Class A
Offense was punishable by fine only: Class C
Offense was a felony: 3rd degree
Prohibited Substance in Correctional Facility or on Property of Texas Dept. of Criminal Justice: 3rd degree
Unauthorized Absence from Community Corrections Facility, Court Correctional Center or Assignment Site: State Jail
Barratry and Solicitation of professional Employment: Committed under subsection (a) or (b): Class A
Under subsection (d): Class A; 3rd degree w/ prior
Falsely Holding Oneself Out as a lawyer: 3rd degree
Unauthorized Practice of Law: Class A; 3rd degree w/ prior
Hindering Proceedings by Disorderly Conduct: Class A
Taking or Attempting to Take Weapon from Peace Officer: State jail
Interference with Public Duties: Class B
Preventing Execution of Civil Process: Class C
Failure to stop or Report Aggravated Sexual Assault of Child: Class A
Abuse of Official Capacity: Standard Value Ladder with respect to value of thing misused

Start Studying!

Deck Info

Number of cards 250