Penal Code 1 Definitions

Act

a bodily movement, whether voluntary or involuntary, and includes speech

Actor

a person whose criminal responsibility is in issue in a criminal action. whenever the term “suspect” is used, this is who they are referencing to.

Benfit

anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested

Bodily Injury

physical pain, illness, or any impairment of physical condition

Coercion

means a threat, however communicated

• to commit an offense

• to inflict bodily injury in the future on the person threatened or another

• to accuse a person of any offense

• to expose a person to hatred, contempt, or ridicule

• to harm the credit or business repute of any person

• to take or withhold action as a public servant or to cause a public servant to take or withhold action

Conduct

an act or omission and its accompanying mental state

Consent

means assent in fact, whether express or apparent

Correctional Facility

means a place designated by law for the confinement of a person arrested for charged with, or convicted of a criminal offense……includes:

• a municipal or county jail

• a confinement facility operated by the Texas Department of Criminal Justice

• a confinement facility operated under contract with any division of the TDOCJ

• a community corrections facility operated by a community supervision and corrections department

Deadly Weapon

• a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury

• anything that, in the manner of its use or intended use is capable of causing death or serious injury

Effective Consent

consent by a person legally authorized to act for the owner. not effective if…

• induced by force, threat, or fraud

• given by a person the actor knows is not legally authorized to act for the owner

• given by a person who by reason of youth, mental disease or defect, or intox is known by the actor to be unable to make reasonable decisions

• given solely to detect the commission of an offense

Felony

an offense so designated by law or punishable by death or confinement in a penitentiary

Misdemeanor

an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail

Harm

anything reasonably regarded as loss, disadvantages, or injury, including harm to another person in whose welfare the person affected is interested

Individual

a human being who is alive, including an unborn child (at any stage)

Omission

failure to act

Owner

means a person who:

• 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

• is a holder in due course of a negotiable instrument

Peace Officer

a person elected, employed, or appointed

Person

an individual or a corporation, association, limited liability company, or other entity or organization governed by the business organization

public place

any place to which the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, officer buildings, transport facilities, and shops

public servant

Reasonable Belief

a belief that would be held by an ordinary and prudent man in the same circumstances as the actor

Serious Bodily Injury

bodily injury that creates a substantial risk of death or that cases death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ

Restrain

to restrict a persons movements without consent, so as to interfere substantially with the persons liberty, by moving the person from one place to another or by confining the person

Abduct

to restrain a person with intent to prevent his liberation by:

• secreting or holding him in a place where he is not likely to be found

• using or threatening to use deadly force

Forced Labor Services

Traffic

to transport or entice, recruit, harbor, provide, or otherwise obtain another person by any means