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List some of the objectives of the penal code as listed under §1.02 PC.
• insure public safety,
• definition & grading of offenses,
• prescribe penalties,
• guide& limit discretion,
• safeguard conduct,
• define scope of state interest in law enforcement
Conduct does not constitute an offense unless it is_______ by statute, municipal ordinance, order of a
county commissioner's court, or rules authorized by and lawfully adopted under a statute. (§1.03 PC)
• defined as an offense
Either the Conduct or the ________must occur in this State before Texas has Jurisdiction.
• result
If a body is found in this state, where may it be presumed that the death occurred? (§1.04 PC)
• in the state, Texas
What constitutes the State of Texas?
• the land, water and airspace above the land and water
How do we determine a person's age?
• on the anniversary of his birth date
______: illness, pain or any impairment of physical condition.
• bodily injury
______: a threat however communicated to commit a crime, or a threat to inflict bodily injury in the
future,
• coercion
______: Means, in part, anything in the manner of its use or intended use is capable of causing death
or serious bodily injury.
• deadly weapon
_____: A failure to act.
• omission
_____: He ought to be aware of a substantial risk.
• criminal negligence
_____: Means a human being who has been born and is alive including an unborn child at every stage
of gestation
, • individual
______: He is aware that his conduct is reasonable certain to cause the result.
• knowingly
__ ____: Means an individual, corporation or association.
• person
______: He is aware of but consciously disregards a substantial risk.
• reckless
______ : A conscious desire to engage in the conduct or cause the result.
• intentionally
____ __: the repeated commission of the same or similar offense.
• criminal episode
Reference the question above "What is its purpose?"
• allows one trial for all offenses committed during the episode
What are the 4 elements of an offense?
•1 required culpability,
• 2 forbidden conduct,
• 3 any required result,
• 4 negation of any exception
. All persons are presumed to be ___________ and no person may be convicted of an offense unless
each ____________ is proved _____________ §2.01 PC
• innocent,
• element,
• beyond a reasonable doubt
A person commits an offense only if he ___________engages in conduct, including an act, an
omission, or possession. §6.01 PC
• voluntarily
When is an omission a criminal offense? §6.01 PC
• the law provides the omission is an offense or he has the duty to act
Who has the responsible to prove a defense does not apply?
By what level of proof?
• prosecution/ state
By what level of proof?
• beyond a reasonable doubt