TX Penal Code

3 ways to assault someone

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 or provocative

Actor

Person whose criminal responsibility is in question in a criminal action.

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 bodily injury.

Mass Shooting:

4 or more

Criminal Street Gang

3 or more

Riot

7 or more

Public Lewdness

2 to lewd

Element of Offense

o   The forbidden conduct

o   The required culpability

o   Any required result

o   The negation of any exception to the offense

What constitutes a mass shooting?

A person’s discharge of a firearm to cause serious bodily injury to 4 or more person

Person

o   An individual or corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.

Probable Cause

o   Facts or circumstances surrounding an event that would lead a reasonable and prudent person to believe a crime is or has been committed.

Intoxication

o   Loss of normal mental physical faculties as a result of intoxicant.

Consanguinity

Blood relatives

Affinity

Relationship by marriage

4 Culpable Mental States

1. Intentional - conscious objective

2. Knowing - reasonably certain to cause results

3. Reckless - aware but consciously disregards

4. Criminal Negligence - ought to be aware

Beyond Reasonable Doubt

98% - 99% sure

Probable Cause

85% sure

Mistake of fact:

“Thought it was my cell phone”

Mistake of law:

30 mph in 20mph zone “didn’t know”

Theft

If he unlawfully appropriates property with intent to deprive the owner of property without consent

Robbery

Person only

Burglary

Crime inside structure

Reasonable Suspicion

70% sure

Mere Suspicion

70% sure

Preponderance

51% sure

Class C Misdemeanor (Offense)

• No jail

• Up to $500 fine

Class B Misdemeanor (Offense)

• Up to 180 day in JAIL

• up to $2k fine

Class A Misdemeanor (Offense)

• Up to 1 yr in JAIL

• Up to $4k fine

State Jail Felony (Offense)

• 180 days – 2yrs in STATE JAIL

• Up to $10k fine

Felony 3 (Offense)

• 2yrs – 10yrs in PRISON

• Up to $10k fine

Felony 2 (Offense)

• 2 - 20 years in PRISON

• Up to $10k fine

Felony 1 (Offense)

• 5 - 99 years in PRISON

• Up to $10k fine

Capital Felony

Life/Death in PRISON

Class C Mis. (Standard Value Ladder)

Less than $100

Class B Mis. (Standard Value Ladder)

$100 - $750

Class A Mis. (Standard Value Ladder)

$750 - $2,500

State Jail Felony (Standard Value Ladder)

• $2,500 - $30k

• Regardless of value, if property is stolen off person

Felony 3 (Standard Value Ladder)

$30k - $150k

Felony 2 (Standard Value Ladder)

$150k - $300k

Felony 1 (Standard Value Ladder)

$300k or more

Indecency with a Child

Touching sexual body parts under or outside clothing

Indecent Assault

Grabbing through the outside clothing

Indecent Exposure

Showing for gratifying

Sexual Assault

Penetration

Agg Sexual Assault

• Deadly weapon

• Serious bodily injury

• Younger than 14

Affirmative Defense

Legal argument where a defendant says "yes, but..."—meaning they admit to the actions they are accused of, but present new facts to excuse or justify their behavior so they are not legally responsible

Homicide:

Intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual

Types of Criminal Homicide:

• Criminal Homicide

• Capital Murder

• Manslaughter

• Criminally Negligent Homicide

Murder

• Intentionally or knowingly cause the death of an individual

• Intends to cause SBI and commits an act clearly dangerous to human life that causes the death of an individual

Murder Punishment:

• Felony 1

• Felony 2 - Sudden Passion

Capital Murder

Commits murder AND

• Victim is peace officer/fireman

• Under 10 yrs old

• 10 - 14 yrs old

• Kidnapping burglary, robbery, agg. sexual assault, arson, obstruction, retaliation, terroristic threat

Capital Murder Punishment:

Capital Felony

Manslaughter:

Recklessly causes the death of an individual

Manslaughter Punishment:

Felony 2

Criminally Negligent Homacide:

Causes death by criminal negligence

Criminally Negligent Homicide Punishment:

State Jail Felony

Unlawful Restraint

Intentionally or knowingly restrains another person

Unlawful Restraint Punishment:

• Class A Mis.

• State Jail Felony

  • Child younger than 17

• Felony 3

  • Exposes person to SBI

• Felony 2

  • Peace officer

Kidnapping:

Intentionally or knowingly abducts another person

Kidnapping Punishment:

Felony 3

Agg. Kidnapping:

Intentionally and knowingly abducts someone and uses/shows a deadly weapon

Agg. Kidnapping Punishment:

Felony 1

Smuggling of Persons

Voluntary agreement to illegally transport or enter a country using motor vehicle, aircraft, watercraft, etc. to transport individual.

Smuggling of Persons Punishment:

• Felony 3

• Felony 2

  • Likelihood will cause SBI

  • Under 18 yrs

• Felony 1

  • Sexually assaulted

  • Suffered SBI or death

Trafficking of Persons:

With intent that the trafficked person engage in forced labor or services and receives pecuniary benefit (money)

Trafficking of Persons Punishment:

• Felony 2

• Felony 1

  • Anything Child

  • Results in SBI

  • Use or exhibit of deadly weapon during

Continuous Sexual Abuse of Young Child or Disabled Individual:

• During a period 30 or more days in duration

• The actor commits 2 or more acts of sexual abuse

• Actor is 17 or older and victim is younger than 14 yrs

Assault:

1. Intentionally, knowingly, or recklessly causes bodily injury to another

2. Intentionally or knowingly threatens another with imminent bodily injury

3. Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other person will take it as offensive or provocative

Assault Punishment:

• Class C Mis.

  • Threats or offensive contact

• Class A Mis.

  • Against elderly or disabled individual

• Felony 3

  • Bodily injury against public servants, emergency personnel, etc.

• Felony 2

  • If prior record of family violence

Sexual Assault:

Intentionally or knowingly causes penetration of anus or sexual organ without consent

Sexual Assault Punishment:

• Felony 2

• Felony 1

  • Prohibited relationship

• State Jail Felony

  • Reproductive medical fraud

Deadly Conduct:

Recklessly engages in conduct that places another in imminent danger of SBI

Deadly Conduct Punishment:

• Class A Mis.

  • Recklessly engages in conduct that places another in imminent danger of SBI

• Felony 3

  • Knowingly discharges a firearm at or in direction of 1 or more people.

  • A habitation, building, vehicle