Download Criminal Law and Offenses: Definitions and Objectives and more Exams Law in PDF only on Docsity!
2023/2024 Texas Penal Code Chapters
(1-6) Solved 100% Correct
(a) Conduct does not constitute an offense unless it is defined as an offense by ___________, municipal _____________, order of a county commissioners _________, or _____________authorized by and lawfully adopted under a statute. - ANS-statute / ordinance / court / rule the provisions of this code are intended, and shall be construed, to achieve the following objectives: (1) to insure the public safety through: (C) such _________ as may be necessary to prevent likely recurrence of criminal behavior; - ANS-punishment (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 __________ ___________ for conduct this code defines as an offense, and the civil injury is not merged in the offense. - ANS-civil suit (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 ____________or a ____________that is an element of the offense occurs inside this state; - ANS-conduct / result 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:(2) the conduct outside this state constitutes an _____________to commit an offense inside this state; - ANS- attempt 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:(3) the conduct outside this state constitutes a ________________ to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state; or - ANS-conspiracy 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:(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 _________________ that is also an offense under the laws of this state. - ANS-jurisdiction A person attains a specified age on the __________________________ of his birthdate
- ANS-day of the anniversary a bodily movement, whether voluntary or involuntary, and includes speech - ANS-act
a person whose criminal responsibility is in issue in a criminal action - ANS-actor includes authority, board, bureau, commission, committee, council, department, district, division, and office. - ANS-agency a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest - ANS-association anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. - ANS-benefit physical pain, illness, or any impairment of physical condition - ANS-bodily injury 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. - ANS-civil commitment facility 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 - ANS-coercion an act or omission and its accompanying mental state - ANS-conduct assent in fact, whether express or apparent - ANS-consent includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies - ANS-corporation a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense - ANS-correctional facility 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. - ANS-correctional facility
any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. - ANS-official proceeding failure to act. - ANS-omission 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. - ANS-owner a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. - ANS-penal institution an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. - ANS-person actual care, custody, control, or management - ANS-possession 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. - ANS- public place 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. - ANS-public servant a belief that would be held by an ordinary and prudent man in the same circumstances as the actor. - ANS-reasonable belief (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. - ANS-secure correctional facility 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. - ANS-severe bodily injury
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. - ANS-sight order includes affirm. - ANS-swear criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. - ANS-unlawful _____________________ 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. - ANS-the prosecuting attorney ______________ is not required to negate the existence of a defense in the accusation charging commission of the offense. - ANS-The prosecuting attorney 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 ___________. - ANS-reasonable doubt / acquitted ____________________ is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense. - ANS-The prosecuting attorney The issue of the existence of an affirmative defense is not submitted to the jury unless ________________ is admitted supporting the defense. - ANS-evidence 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 ________________________. - ANS-a preponderance of evidence. A person commits an offense only if he __________ engages in conduct, including an act, an omission, or possession. - ANS-voluntarily 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: (1) the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan; or (2) the offenses are the repeated commission of the same or similar offenses. - ANS- criminal episode
an entity or organization governed by the Business Organizations Code, other than a corporation, association, or limited liability company. - ANS-business entity 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 ________________________. - ANS-in the jurisdiction where the conduct occurred. An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed ________ this state regardless of the location of the actor at the time of the offense. - ANS-inside This state includes the __________, _______ and _________ above the land and water over which this state has power to define offenses. - ANS-land, water and air space The general purposes of this code are to establish a system of _________, _________, and ____________ _________ to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. - ANS-prohibitions, penalties, correctional measures the provisions of this code are intended, and shall be construed, to achieve the following objectives: (1) to insure the public safety through: (B) the ___________ of those convicted of violations of this code; and - ANS- rehabilitation 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 _______ hereinafter provided; - ANS-penalties 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 _____ and _______ 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 conv - ANS- definition and grading 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 __________ 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, o - ANS-prescribe 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 ______; (5) to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected, accused, or c - ANS-criminal 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;
