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46.01 Club - an instrument that is specially designed, make or adapted to inflict serious bodily injury or death by striking a person with the instrument.
-blackjack,
-nightstick,
-mace
-tomahawk
46.01 firearm silencer - - any device designed, made, or adapted to muffle the report of a firearm
46.01 handgun - any firearm that is designed, made, or adapted to be fired with one hand
46.01 location restricted knife - a knife with a blade over five and one half inches
46.01 knife - any bladed hand instrument that is capable of inflicting SBI or death by cutting or stabbing a person with the instrument
46.01 short-barrel firearm - a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches
46.01 zip gun - a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth bore or rifled bore barrel by using the energy generated by an explosion or burning substance
Tire deflation device - means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires
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improvised explosive device - completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage
46.02 Unlawful Carrying of Weapons - Class A Misdemeanor
Intentionally, Knowingly, or Recklessly
Carries on their person a handgun, illegal knife, or club.
Handgun cannot be in plain view in vehicle unless LTC and handgun is in a holster; or if engaged in criminal activity other then a class C misdemeanor.
Third Degree Felony if on premises of a location issued a permit or license for sale or service of alcoholic beverages.
46.03 Places Weapons Prohibited - Knowingly or recklessly carries a firearm, location restricted knife, club, or prohibited weapon on:
- School premises, grounds, and transportation
- voting poll premises
- Government court premises
- racetrack
- airport
- pithing 1000 ft of death sentencing premises
46.03 Places Weapons Prohibited (knife) - Knowingly or recklessly carries a location restricted knife on:
- school premises
- correctional facility
- hospital
- mental hospital
- amusement park
- church
46.14 Firearm Smuggling - "If the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (1) on more than one occasion; or (2) for profit or any other form of remuneration." 3/F unless 3 or more firearms, then 2/F
43.01 (3) Sexual Contact - any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
43.01 sexual conduct - Deviate sexual intercourse, sexual contact, and sexual intercourse
43.02 Prostitution - A) knowingly offers or agrees to receive a fee from another to engage in sexual conduct (Prostitute)
B) knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another (Customer)
4.03 promotion of prostitution - - acting other than as a prostitute receiving compensation for personally rendered prostitution services (pimp)
43.04 Aggravated Promotion of Prostitution - - person knowingly owns, invest in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes, 3rd Degree Felony.
43.05 Compelling Prostitution - knowingly cause another by force, threat or fraud to commit prostitution; or causes by any means a child younger than 18 to commit prostitution regardless if the actor knows the age of the child at the time of the offense
2nd Degree Felony.
43.21 obscene - - material or performance that the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex
43.21 performance - - a play, motion picture, dance, or other exhibition performed before an audience
43.21 patently offensive - - so offensive on its face as to affront current community standards of decency
43.22 Obscene Display or Distribution - "If he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution."
(unwilling observer)
Class C Mis.
43.25 Sexual Performance by a Child - "If, knowing the character and content of the material, he produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18 years of age." 3/F
43.26 Possession or Promotion of Child Pornography - "The person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct"
3/F unless prior conviction, then 2/F, 1/F if more than one conviction.
43.261. Electronic Transmission of Certain Visual Material Depicting Minor - - by electronic means promotes to another minor visual material depicting a minor engaging in sexual conduct. (minor to minor sexting)
43.262 possession or promotion of lewd material depicting child - - intent to view or promote visual material that depicts lewd exhibition of genitals or public area of a child younger than 18
46.08 Hoax Bomb - "If the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or
(2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies." A/M
whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used."
M/A
48.01 Smoking Tobacco - an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school
- elevator
- theater
- hospital
- bus
- plane
48.015 Prohibitions Relating to Certain Cigarettes - person may not posses, hold, own, or transport for sale or distribution in this state or import into this state
- cigarettes that do not comply with all applicable requirements imposed under federal law
-cigarettes which stamps may not be fixed under section 154.
49.01 (1) Alcohol Concentration means: - number of grams of alcohol per:
210 liters of breath
100 liters of blood
67 milliliters of urine
49.01 (2) Intoxicated - not having the normal use of mental or physical faculties by reason of the introduction of alcohol.
having an alcohol concentration of 0.
49.02 Public Intoxication - appears in a public place while intoxicated to the degree that may endanger himself or another.
Class C Misdemeanor
49.04 Driving While Intoxicated - "If the person is intoxicated while operating a motor vehicle in a public place."
M/B 72 hours if no open container,
M/B and 6 days if open container.
M/A if 0.15 or higher.
49.045 Driving While Intoxicated with Child Passenger - person is intoxicated while operating a motor vehicle in a public place and the vehicle being operated is occupied by a person who is younger than 15
49.07 Intoxication Assault - "If the person, by accident or mistake:
(1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another" F/
49.08 Intoxication Manslaughter - "If the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake." F/2. F/1 if kills police or fire on duty.
71.01 Combination - means three or more persons who collaborate
in carrying on criminal activities
71.01 criminal street gang - three or more persons having a common identifying symbol, sign, or an identifiable leadership who continuously associates in the commission of criminal activity
71.022 Coercing, Inducing or Soliciting Membership in a Criminal Street Gang - person knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang. requires the commission of any conduct which constitutes an offense punishable as a class A misdemeanor or a felony
Unlawful restraint; Class A misdemeanor - - Child younger than 14 YO
Unlawful restraint; State jail felony - - Child younger than 17 YO
Unlawful restraint; Third degree felony - - the actors recklessly exposes the victim to risk of serious bodily injury
- the actor knowingly restrains a public servant
Kidnapping - 20.
- commits an offense if intentionally or knowingly abducts another person
Aggravated Kidnapping - 20.
Abduction with intent to:
- hold for ransom or reward
- use as a shield or hostage
- inflict bodily injury
- terrorize him or other person
Smuggling of a person - 20.
- use of motor vehicle to conceal individual from peace officer
- harboring person from detection in country
Smuggling of person; Third degree felony - - encourages or induces person to enter or remain in this country in violation of federal law
smuggling of a person; Second degree felony - - individual being smuggled faces risk of serious bodily injury
- individual is under the age of 18 YO at the time of the offense
smuggling of a person; first degree felony - - The smuggled individual became a victim of sexual assault
- Smuggled individual suffered bodily injury or death
Continuous Smuggling of Persons - 2DF - during a period that is 10 or more days in duration, the person engages two or more times in conduct that
constitutes an offense under Section 20.05.
1DF - if SBI or death occurs, person smuggled is under 18yoa or if shown at trial person became victim of sexual assault or agg sexual assault
20A.01 Child: - A person under the age of 18 YO
20A.01 Forced labor or services: - - services that constitute sexual conduct by force or coercion
20A.01 Sexual conduct: - - sexual intercourse
- deviate sexual intercourse
- bestiality
- masturbation
20A.01 Traffic: - To transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.
Trafficking of Persons - 20A.
-Traffics another person with the intent that the trafficked person engage in forced labor or services. Receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services.
Public Lewdness - 21.
Knowingly engages in any of the following acts in a public place or is reckless about whether another is present who will be offended...
1.) Act of Sexual intercourse
2.) Act of Deviate sexual intercourse
3.) Act of sexual contact
Indecent Exposure - 21.
- Exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act
bestiality - 21.
the act of having sexual contact with an animal
Indecency with a child - 21.
- If with a child under 17,
1.) engages in sexual contact w/ the child or causes the child to engage in sexual contact.
2.) Exposes the person's anus or genitals knowing a child is present
- ) Causes the child to expose anus or genitals
Improper Relationship Between Educator and Student - 21.
- An employee of a public or private primary or secondary school engages in sexual contact, intercourse, or deviate sexual intercourse with a person who is enrolled in a public school which the employee works
Second degree felony
Invasive visual recording - 21.
-Without the other person's consent and with intent to invade the privacy of the other person, the person photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person
Unlawful Disclosure or Promotion of Intimate Material - 21.
Revenge porn
Assault- Bodily Injury - A person commits of offense if he intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse
Assault threat - intentionally or knowingly threatens another with imminent bodily injury
Assault- Contact - A person commits of offense if he intentionally or knowingly causes physical contact with another when the person knows or should resonalbly believe that the other will regard the contact as offensive or provocative
What classification does assault fall under? - Class C misdemeanor
- third degree felony if committed on public servant
sexual assault - 22.
any sexual activity in which force or the threat of force is used
indecent assault - 22.
1.) recklessly engages in conduct that places another in imminent danger of serious bodily injury
2.) knowingly discharges a firearm at or in the direction of one or more individuals or a habitation, building, or vehicle and is reckless as to whether they are occupied
Terroristic Threat - 22.
- threatens to commit any offense involving violence to any person or property with intent to
1.) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies
2.) place any person in fear of imminent SBI
3.) place the public or a substantial group of the public in fear of SBI
against peace officer or judge = state jail felony
Leaving a child in a vehicle - 22.
- intentionally or knowingly leaves a child under 7 in a motor vehicle for longer than 5 minutes knowing the child is not attended by an individual in the vehicle over 14
Class c misdemeanor
Prohibited Sexual Conduct - 25.
- engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy, the ancestor or descendant by blood or adoption; current or former stepchild/stepparent; brother or sister of whole or half blood; Insest
Interference with child custody - 25.
- the person takes or retains a child under 18 when the person knows that the person's taking or retention violates the express terms of a judgement or order, including temporary order, of a court disposing of the child's custody
State jail felony
Harboring Runaway Child - 25.
Knowingly harbors a child under 18 and is criminally negligent about whether the child has escaped from the custody of a peace officer, a probation officer, or detention facility or from the parents home.
State jail felony
Continuous Violence Against the Family - 25.
- during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.
Habitation - A structure or vehicle that is adapted for the overnight accommodation of persons
Building - A structure or enclosure intended for use or occupation as a habitation or for some of purpose
property - tangible or intangible personal property, including anything severed from land or document, including money
vehicle - includes any device, in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation
open-space land - real property that is undeveloped for the purpose of human habitation.
Graffiti (28.08) - - person knowingly or intentionally makes marking, slogans, drawings, inscriptions, or painting on property
In the course of committing theft: - means conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft.
Robbery 29.02 - A person commits an offense if, in the course of committing theft with intent to obtain or maintain control of the property, he;
intentionally, knowingly, or recklessly causes bodily injury to another; or
intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
-Felony 2nd
Aggravated Robbery (29.03) - 1) causes serious bodily injury to another
uses or exhibits a deadly weapon
causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury of death, if the person is:
65 yrs or older; or a disabled person
- Felony of the first degree
Burglary 30.02 - -Without consent of owner
-enters a habitation, or a building (or any portion of the building
-with intent to commit a felony, theft, or an assault
Enter means to intrude:
any part of the body; or
any physical object connected to the body
SFJ in a building
F/2 in a habitation
Burglary of Coin-Operated or Coin Collection Machines 30.03 - - person breaks or enters into any coin operated machine or coin collection receptacle
Burglary of Vehicles (30.04) - - breaks into or enters a vehicle or any part of a vehicle or any part of a vehicle with intent to commit any felony or theft
- Class A misdemeanor
- 2 or more prior = State Jail felony
- wholesale distributor = 3rd degree felony
Criminal trespass 30.05 - - Offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent and he enters or remains in a building of another without effective consent
Deception 31.01 - - a false impression of law or fact
Deprive 31.01 - - to withhold property from its owner permanently or for so extended a period of time
Effective Consent - includes consent by a person legally authorized to act for the owner.
Service: - - labor and professional services
- lodging, restaurant, entertainment, etc.
steal - - to acquire property or service by theft.
retail merchandise - - means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment
