Penal Code: Charges & Punishment

Created by Daniel Musgrave

Agrees with 1 or more persons to engage in conduct that would constitue the offense. 1 or more persons performs an overt act in the agreement. *Act must constitute a felony*
PC 15.02 Criminal Conspiracy Punishment: 1 category lower that most serious felony

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TermDefinition
Agrees with 1 or more persons to engage in conduct that would constitue the offense. 1 or more persons performs an overt act in the agreement. *Act must constitute a felony*
PC 15.02 Criminal Conspiracy Punishment: 1 category lower that most serious felony
Request, or commands, or attempts to induce another to engage in specific conduct that would constitute a felony or make the other a party to its commission. *Must be a Capital Felony*
PC 15.03 Criminal Solicitation Punishment: Capital Offense - 1st Degree Felony 1st Degree Felony Offense - 2nd Degree Felony
The person(s) requests, commands, or attempts to induce a minor to engage in a specific condut that would constitute an offense or make a minor a party to the commission of an offense. *Minor younger than 17yrs*
PC 15.031 Criminal Solicitation of a Minor Punishment: One category lower than solicited offense *Same category if the solicitation of a minor is gang related*
1. Intentionally or knowingly causes the death of an individual. 2. Intends to cause serious bodily injury, commits an act, which causes death. 3. Commits/Attempts a felony, other than manslaughter, during the commission of a crim, or flight from a crime, that causes the death of an individual.
PC 19.02 Murder Punishment: 1st Degree Felony *2nd Degree Felony if murder occurs due to sudden passion and/or rage*
1. Murders a Peace Officer/Fireman during discourse of official dute and the person knows who they are. 2. Intentionally murders during Kidnapping, Burglary, Robbery, Agg. Sex Assault, Arson, Obstruction or Rataliation, or Terrorisitic Threat. 3. Murder for Hire (Remuneration) 4. Trying to escape from Penal Institution (kills Detention Ofc) 5. Murders a judge/justice of the peace. 6. Murders another in jail while be held for murder. 7. Murders more than one person during same scheme or criminal transaction 8. Murders a child younger than 10 yrs old. 9. Murders in jail for the benefit of furtherance of a gange.
PC 19.03 Capital Murder Punishment: Capital Felony
Recklessly causes the death of an individual
PC 19.04 Manslaughter Punishment: 2nd Degree Felony
Causes the death of an individual by criminal negligence
PC 19.05 Criminally Negligent Homicide Punishment: State Jail Felony
1. Knowingly traffics another person with intent that the person engage in forced labor or services. 2. Receives remuneration, or some benefit, from participation in #1 3. Traffics through force, fraud, or coercion & causes person to engage in Prostitution, Promotion of Prostitution, Agg. Prostitution, & Compelling Prostitution. 4. Recieves a benefit from participating in #3 5. Traffics a child for forced labor 6. Receives a benefit for #5. 7. Traffics a child for sexual abuse, indecency with a child, assault, agg. assault of a child, or prostitution of a child, sexual performance of a child, child pornography, or employment that is harmful to a child.
PC 20A.02 Trafficking of Persons Punishment: 2nd Degree Felony *1st Degree Felony for child offenses*
1. 30 or more days in duration with 2 or more times in Trafficking of Persons. 2. Jury does not have to agree unanimously on conduct, but does on 30 plus days duration.
PC 20A.03 Continuous Trafficking of Persons Punishment: 1st Degree Felony
1. Intentionally & Knowingly restrains another person. 2. No count if person is a relative & child is 14 yrs of age
PC 20.02 Unlawful Restraint Punishment: Class A Misdemeanor State Jail Felony - Child younger than 17 3rd Degree Felony - Recklessly exposed to Serious Bodily Injury
1. Intentionally or knowingly abduct another person
PC 20.03 Kidnapping Punishment: 3rd Degree Felony
1. Intentionally or knowingly abduct another person with intent to: 1.hold for ransom or reward 2. uses as a shield or hostage 3. to commit a felony or further it by flight 4. inflict bodily harm or abuse sexually 5. terrorize them or third person 6. interfere with Gov. Proceeding 2. Uses or exhibits a deadly weapon
PC 20.04 Aggravated Kidnapping Punishment: 1st Degree felony 2nd degree felony - voluntary release in a safe place
1. Intentionally uses a motor vehicle, aircraft, or watercraft, to transport an individual with intent to: a. conceal from a peace officer/special invest. b. flee from a Peace Officer/Special Invest.
PC 20.05 Smuggling of Persons Punishment: State Jail Felony 3rd Degree Felony - pecuniary benefit or person suffers serious bodily injury
Period that is 30 or more days in duration a person commits 2 or more acts of sexual abuse. Actor is 17 yrs or older and child is 13 yrs or younger. No matter on whether 1 or more victims.
PC 21.02 Continuous Sexual Abuse of a Young Child or Children Punishment: 1st Degree felony (life/not more than 99 yrs/not less than 25 yrs).
Engages in any acts in a place, if not in public, he is reckless whether another is present who is offended or alarmed: 1. Sexual intercourse 2. deviate sexual intercourse 3. sexual contact 4. mouth to genitals or genital to anus of animal
PC 21.07 Public Lewdness Punishment: Class A Misdemeanor
1. Younger than 17 yrs no matter the gender of the child. a. sexual contact or causes child to commit b. intent to arouse/gratify sexual desire of anyone c. expose anus/genitals knowing child is present d. causes child to expose anus/genitals
PC 21.11 Indecency with a Child Punishment: 2nd Degree Felony (contact with a child) 3rd Degree Felony (exposure)
1. Employee of a public/private primary or secondary school engages in sexual contact, sexual intercourse, and/or deviate sexual intercourse where employee works.
PC 21.12 Improper Relationship between Student/Educator Punishment: 2nd Degree Felony
1.Photographs/videotapes by electronic means, broadcasts, transmits visual image of another without the other person's consent with intent to arouse/gratify sexual desire. (Exmp: Up-skirt videos) 2.Photographs/videotapes by electronic means, broadcasts, transmits visual image of another without the other person's consent with intent to arouse/gratify sexual desire from a bathroom/dressing room.
PC 21.15 Improper Photography or Visual Recording Punishment: State Jail Felony
PC 22.01 Assault
1. assault with bodily injury - Class A misdemeanor 2. assault by threat - class C misdemeanor 3. assault by contact - class C misdemeanor 4. assault on peace officer - 3rd Degree Felony with bodily injury 5. assault by strangulation - 3rd degree Felony (obstructing airway)
1.Intentionally/knowingly penetrates anus or sexual organ by any means without the person's consent. 2. Penetrates mouth with sex organ without person's consent. 3. Causes sex organ of person to penetrate mouth, anus, or sexual organ of another including the actor. *Child: 16 yrs or younger same violation as #3*
PC 22.011 Sexual Assault Punishment: 2nd Degree Felony 1st Degree Felony if illegal to have married
1.Intentionally/knowingly causes serious bodily harm during commission 2. administers drugs 3. victim is younger than 14 yrs of elderly
PC 22.021 Aggravated Sexual Assault Punishment: 1st Degree Felony
1. Abandon a child (14 yrs or younger) where child is exposed to unreasonable risk or harm. 2. abandon a child to imminent danger or death, bodily harm, physical/mental impairment 3. expose a child to Methamphetamine
PC 22.041 Abandoning/Endangering a Child Punishment: State Jail Felony - Intended to return/meth 3rd Degree Felony - no intent to return 2nd degree Felony - imminent danger/bodily injury
1. Causes serious bodily injury 2. exhibits a deadly weapon during assault
PC 22.02 Aggravated Assault Punishment: 2nd degree felony 1st Degree felony - drive by, family violence, retaliation to a witness, security officer
1. Intentionally, knowingly, recklessly, criminal negligence a. causes serious bodily injury b. mental deficiency, impairment, or injury c. bodily injury Child is 14 yrs or younger Elderly is 65 yrs or older Disabled 14 yrs or older
PC 22.04 Injury to a Child/Elderly/Disabled Punishment: 1st Degree felony (intentionally or knowingly) 2nd degree felony (recklessly) 3rd degree felony (bodily injury)
1. Recklessly engages in conduct putting another in imminent danger of serious bodily injury. 2. discharges a firearm at 1 or more individuals, habitation, building, or vehicle and is reckless to whether occupied.
PC 22.05 Deadly Conduct Punishment: #1 - Class A Misdemeanor #2 - 3rd Degree Felony
PC 22.06 Consent as a Defense to Assaultive Conduct
1. Not threaten or cause serious bodily injury 2. Victim knew the risk of consenting with the possibility of needing medical treatment
PC 22.07 Terroristic Threat
Class B misdemeanor: 1. reaction to any type to a threat by agency official/volunteer. 2 places person in fear of imminent serious bodily injury Class A Misdemeanor: 1. Family violence where person is in fear of imminent serious bodily injury. 2. Public servant put in fear of imminent serious bodily injury. 3rd Degree felony: 1. interruption of public communications, transportation, water, gas, or power. 2. A substantial group of people fear serious bodily injury. 3. Influence conduct of the Gov.
Aids or attempts to aid in the suicide of another
PC 22.08 Aiding Suicide Punishment: Class C Misdemeanor
PC 22.09 Tampering with a Consumer Product
2nd Degree Felony -> Tampered with products for sale 1st Degree Felony -> Suffers serious bodily injury 3rd Degree Felony -> Cause fear to affect the sales or causes bodily injury.
1. Intentionally/knowingly leaves a child in a vehicle longer than 5 minutes: a. child is younger than 7 yrs b. not attended by 14 yr old or older
PC 22.10 Leaving a Child in a Vehicle Punishment: Class C Misdemeanor
Blood, Seminal Fluid, Vaginal Fluid, Saliva, Urine, Feces, used to contact a Detention Officer
PC 22.11 Harassment of a Detention Officer Punishment: 3rd Degree Felony
When you're legally married and you marry another.
PC 25.01 Bigamy Punishment: 3rd Degree Felony 2nd Degree Felony - 17 yrs of age 1st Degree felony - 16 yrs or younger
1. Sexual or Deviant Sexual Intercourse with: A. Relative by blood or adoption B. Current, or former, stepchild, or step parent C. See Code for further relative restrictions
PC 25.02 Prohibited Sexual Conduct Punishment: 3rd Degree Felony 2nd Degree Felony - son or daughter, actor's aunt/uncle, or whole or 1/2 blood or adoption
1. Keeping a child younger than 18 2. violates a court order 3. not awarded custody and leaves the area 4. noncustodial parent with intent to inerfere
PC 25.03 Interference with Child Custody Punishment: State Jail Felony Defense - brings back child to county within 3 days
Advertises through media for the sale/adoption of a child
PC 25.09 Adverstising for Placement of a Child Punishment: Class A Misdemeanor 3rd Degree Felony - previously convicted
Knowingly prevents the request of 911
PC 42.062 Interference with an Emergency Request Punishment: Class A Misdemeanor State Jail Felony - previously convicted
Agree to Abduct a child younger than 18 for money
PC 25.031 Agreement to Abduct from Custody Punishment: State Jail Felony
1. entices/persuades child under 18 yrs and takes child
PC 25.04 Enticing a Child Punishment: Class B misdemeanor 3rd Degree felony - took child to commit a felony
Failure to provide child support for child under 18 yrs.
PC 25.05 Criminal Nonsupport Punishment: State Jail Felony
1. Harbor a child younger than 18. 2. Harbors a child who is an escapee
PC 25.06 Harboring a Runaway Punishment: Class A Misdemeanor *Defense - Returned child when they found out*
Knowingly or intentionally violates order: a. possess a firearm b. communicates threats c. furthers family violence d. goes to places forbidden on the order
PC 25.07 Violation of a Court Order Punishment: Class A Misdemeanor
Possess a child younger than 18 yrs by accepting money, or paying another for child.
PC 25.08 Sale/Purchase a Child Punishment: 3rd Degree Felony 2nd Degree Felony - Sexual Performance of a child
Takes, retains, or conceals a child from those with possessors rights.
PC 25.10 Interference with Rights of a Guardian of a Person Punishment: State Jail Felony
Intentionally & Knowingly offers, confers, agrees, solicits, accepts, any benefit as consideration
PC 36.02 Bribery Punishment: 2nd degree felony
Any person who attempts to influence a public servant or voter
PC 36.03 Coercion of a Public Servant or Voter Punishment: Class A Misdemeanor *Coercion by threat to commit a felony - 3rd Degree Felony*
Privately, and with intent, influences the outcome of a proceeding
PC 36.04 Improper Influence Punishment: Class A Misdemeanor
Influence a Witness: Testify Falsely, withhold testimony, elude a legal process, delay prosecution
PC 36.05 Tampering with a Witness Punishment: 3rd Degree Felony
Intentionally/knowingly harms, or threatens to harm, another by an unlawful act in retaliation as a Public Servant, Witness, or an Informant.
PC 36.06 Obstruction/Retaliation Punishment: 3rd Degree Felony, 2nd Degree Felony - harmed/threatened for being a juror
Public Servant solicits, accepts, agrees to accept honorarium for his services.
PCC 36.07 Acceptance of an Honorarium Punishment: Class A Misdemeanor
Makes a false statement under oath, false un-sworn delceration
PC 37.02 Perjury Punishment: Class A Misdemeanor
Makes a false statement made during, or in connection, with an official proceeding and is material, or world have effected the outcome of a proceeding
PC 37.03 Aggravated Perjury Punishment: 3rd Degree Felony
Induce another to his pretended authority
PC 37.11 Impersonation of a Public Servant Punishment: 3rd Degree Felony
Having a fake badge or ID
PC 37.12 False ID as a Peace Officer Punishment: Class B Misdemeanor
Intentionally refuses to give name, address, & date of birth to a Peace Officer: 1. Who has been lawfully arrested 2. Who has been lawfully detained 3. From a person the P.O. has good cause to believe is a witness to a criminal offense.
PC 38.02 Failure to Identify Punishment: Class B Misdemeanor
Intentionally/knowingly prevents, or obstructs, whom he knows to be a Peace Officer. Using force against a Peace Officer.
PC 38.03 Resisting Arrest, Search, or Transportation Punishment: Class A Misdemeanor 3rd Degree Felony - Uses a deadly weapon
Intentionally flees from a Peace officer
PC 38.04 Evading Arrest or Detention Punishment: Class A Misdemeanor State Jail Felony - previously convicted 3rd Degree Felony - uses a vehicle, another suffers serious bodily
Intend to hinder arrest, harbor or conceal, provides aid to avoid arrest, warns another of discovery.
PC 38.05 Hindering Apprehension or Prosecution Punishment: Class A Misdemeanor 3rd Degree Felony - if the charge was felony or The actor was a convicted felon
Escape from custody while under lawful arrest, lawfully detained, or in custody.
PC 38.06 Escape Punishment: Class A Misdemeanor 3rd Degree Felony - Under arrest, charged, or convicted felony, or escaped from jail 2nd degree felony - escape causes bodily injury 1st Degree felony - causes serious bodily injury, uses or threatens to use deadly weapon
Person acts with criminal negligence, interrupts, disrupts, impedes, interferes with a Peace Officer who is performing a duty to his office of authority
PC 38.15 Interference with Public Duties Punishment: Class B Misdemeanor
Intentionally/knowingly uses abusive, indecent, profane language in public. Offensive gesture which is an immediate breach of the peace. Fights with another in a public place. Discharge a firearm. Displays a firearm in a public place. Shoots across the roadway. Exposure of anus/genitals and is reckless to who might see it.
PC 42.01 Disorderly Conduct Punishment: Class C Misdemeanor Class B Misdemeanor - unlawfully discharges a firearm in a public place or displays one in a manner calculated to alarm.
intentionally/knowingly/recklessly, obstructs a highway, street, sidewalk, elevator, isle, hallway, entrance, or exit.
PC 42.03 Obstructing a highway/paggage way Punishment: Class B misdemeanor
Intent to prevent or disrupt procession funeral: 3 hrs before/after & within 1000 feet
PC 42.05 & PC 42.055 Disrupt Meeting Procession & Funeral Services Disruption Punishment: Class B Misdemeanor
Intent to harass, annoy, alarm, abuse, torment, embarrass another
PC 42.07 Harassment Punishment: Class B Misdemeanor Class A Misdemeanor - previously convicted
More than one occasion/same scheme & knowingly engages in threatening bodily injury or death or of a household member, against property, fear of bodily injury
PC 42.072 Stalking Punishment: 3rd Degree Felony
Causes one dog to fight another
PC 42.10 Dog FIghting Punishment: Class A Misdemeanor - Possess/Train Dog State Jail Felony - anything else
Points at a Peace Officer, Security Officer, Fire Fighter, Medical, or Federal Officer
PC 42.13 Use of a Laser Pointer Punishment: Class C Misdemeanor
PC 42.14 Illumination of a Aircraft by Intense Light
Punishment: Class C Misdemeanor to point at a plane Class A Misdemeanor if it interferes with operator
1. Person knowingly engages, agrees to engage in sexual conduct for money 2. Solicits another for sexual conduct for hire.
PC 43.02 Prostitution Punishment: Class B Misdemeanor Class A Misdemeanor - Previously convicted State Jail Felony - Previously convicted 3 or more times 2nd Degree Felony - Younger than 18 yrs old
Receiving money for rendering services. Solicits 1 or more to engage in prostitution with another (pimping).
PC 43.03 Promotion of Prostitution Punishment: Class A Misdemeanor State Jail Felony - Previously convicted 2nd Degree Felony - Younger than 18 yrs
Knowingly owns, invests, finances, controls, or supervises prostitution enterprise.
PC 43.04 Aggravated Promotion of Prostitution Punishment: 3rd Degree Felony 1st Degree felony - younger than 18 yrs
Forces another by threat or fraud to commit prostitution
PC 43.05 Compelling Prostiution Punishment: 2nd Degree felony 1st Degree felony - younger than 18 yrs
employ, auhtorize, induce, or consent to a child younger than 18 yrs to engage in sexual performance, or promotion such visual material
PC 43.25 Sexual Performance by a Child Punishment: 2nd degree felony 1st Degree felony - younger than 14 yrs
knowingly/intentionally access with intent to view child younger than 18 yrs.
PC 43.26 Possession/Promotion of Child Pornography Punishment: 3rd Degree Felony 2nd Degree felony - promote & posses with intent to promote
Person is younger than 18 yrs. Intentionally/knowingly makes a pic, posses a pic, gives a pic to another. Pic is engaging in sexual conduct
PC 43.261 electronic transmission of certain visual material depicting a minor Punishment: Class C misdemeanor Class B misdemeanor - uses to harass, annoy alarm, abuse, torment, or embarrass another Class A Misdemeanor - previously convicted 1 or 2 more times
In a public place while intoxicated and is a danger to himself or another.
PC 49.02 Public Intoxication Punishment: Class C misdemeanor
Operating a motor vehicle in a public place while intoxicated.
PC 49.04 Driving While Intoxicated Punishment: Class B misdemeanor Class A Misdemeanor - BrAC is .015 or more
Operating a motor vehicle in a public place while intoxicated with a child younger than 15 yrs.
PC 49.045 DWI with Child Passenger Punishment: State Jail Felony
Intoxicated while operation an aircraft, watercraft, amusement ride and causes serious bodily injury.
PC 49.07 Intoxication Assault Punishment: 3rd Degree Felony
Causes death while operating a vehicle while intoxicated
PC 49.08 Intoxication Manslaughter Punishment: 2nd Degree Felony
Observes a felony commissioned and does not immediately report it.
PC 83.171 Failure to report a Felony Punishment: Class A Misdemeanor