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123 Cards in this Set
- Front
- Back
1.01 short title |
This code shall be known and cited as penal code |
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Objective of code |
- establish a system of probation's, penalties and Correctional measures to deal with conduct that threatens harm to individual or public interest
- deterrent influence - rehabilitations - punishment as may be necessary
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1.03 effect of code |
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1.04 Territorial jurisdiction |
( the state has jurisdiction over criminal offenses committed in or conspired to commit in the state or conspired in the State including omission, State claims land air and water. If a body is found in the state it is presumed death occurred in the state. |
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1.60 computation of age |
A person attains a specific age on the day of the anniversary of his birthdate |
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2.01 proof Beyond Reasonable Doubt |
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved Beyond A Reasonable Doubt - the fact that he has been arrested, confined, or indicted for, otherwise charged with the offense gives rise to no inference of guilt at his trial. |
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2.02 exception |
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2.03 defense |
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2.0 for affirmative defense |
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2.05 presumption |
Presumption means the assumption of something as true, the court manages the handling of evidence which may be presumed as fact
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3202 consolidation and joinder of prosecution's |
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3.03 sentences for offenses arising out of the same criminal episode |
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3.04 severance |
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6.01 Requirement of voluntary act or omission |
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6.02 requirement of culpability |
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603 definitions of culpable mental States, intentional |
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6.03 definitions of culpable mental States, knowingly |
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6.03 definitions of culpable mental States, recklessly |
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6.03 definitions of a couple of mental States, criminal negligence |
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6.04 causation, conduct and results |
- a different offense was committed or -A different person or property was injured, harmed, or otherwise affected |
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7.01 parties to offenses |
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7.02 criminal responsibility for conduct of another |
- person criminally responsible for an offense committed by the conduct of another if
- if in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, Bill having no intent to commit it, if the offense was committed in furtherance of unlawful purpose and has one that should have been anticipated as a result of carrying out the conspiracy. |
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7.03 Defense excluded |
In a prosecution in which an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was party to its commission and it is no defense
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8.01 General defenses insanity |
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8.02 General defenses mistake of fact |
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8.03 General defenses mistake of law |
- an official statement of the law contained in written order or Grant of permission by an administrative agency charged by law with the responsibility for interpreting the law in question or - a written interpretation of the law contained in an opinion of court of record or made by a public official charged by law with responsibility for interpreting the law in question 3. Although and actors mistake of law May constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed |
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8.04 General defenses intoxication |
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8 .05 General defenses duress |
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8.06 General defenses entrapment |
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12.01 punishment accordance with code |
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12.01 classification of offenses |
Offenses are designated as felonies or misdemeanors |
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12.03 classification of misdemeanors |
-a -b -c 2. An offense designated as misdemeanor in this code without specification as to the punishment or category is a Class C misdemeanor 3. Class C misdemeanor does not impose any legal disability or disadvantage |
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12.04 classification of felonies |
- capital - first degree - second degree - third degree - State Jail 2. An offense designated as a felony in this code without specification as to category is a state jail felony |
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12. 21 Class A misdemeanor |
Fine not to exceed $4,000 and or confinement in jail not to exceed one year |
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12. 22 Class B misdemeanor |
Fine not to exceed $2,000 and or confinement in jail for a term not to exceed 180 days |
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12. 23 Class C misdemeanor |
Fine not to exceed $500 |
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12.31 Capital felony |
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12.32 first degree felony punishment |
Not less than 5 years, not more than 99 years. Possible $10,000 fine |
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12.3 3 second degree felony punishment |
Not less than 2 years, not more than 20 years. Possible $10,000 fine |
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12.34 third degree felony punishment |
Not less than 2 years, not more than 10 years. Possible $10,000 fine |
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12.35 state jail felony |
Not less than a hundred and eighty days, not more than two years. Possible $10,000 fine - sentence shall be bumped to third degree if
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12.42 a felony 3rd with prior felony conviction accept state jail punished as |
Felony 2 |
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12. 42 B felony 2nd with prior felony conviction accept state jail punished as |
Felony 1 |
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12. 42 C felony 1st with prior conviction except for State Jail 1. |
Punished as life, 15 year minimum to 99 years |
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12.425 penalties for repeat / habitual state jail felony offenders |
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12. 43 penalties for repeat / habitual misdemeanor offenses |
- 3 prior convictions of either of these offenses or combination of these two offenses within a 24-month. Maximum 180 days |
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12.44 reduction of State felony punishment to misdemeanor punishment |
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12. 47 penalty if offense committed because of bias or prejudice |
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12. 48 certain offenses resulting in loss to Nursing & convalescent homes |
If the loss to a nursing home results in a trustee being appointed, the offense bump up one |
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12.49 penalty if controlled substance is used to commit offense |
If Court makes an affirmative finding that a crime committed by use of drugs occurred bump up one. Applies only to
Class A misdemeanor increase to minimum of 180 days to year |
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12.50 penalty if offense committed in a disaster area or evacuated area |
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15. 01 criminal attempt |
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15.02 criminal conspiracy |
- is not criminally responsible - has been acquitted, as long as two or more have not been acquitted - has not been prosecuted, convicted, or has been convicted of a different offense or is immune from prosecution - the actor belongs to a group of persons that is incapable of committing the offence on an individual basis - the object offense was actually committed
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15.03 criminal solicitation |
- the person solicited is not criminally responsible for the for the offense solicited - the person solicited has been acquitted, not prosecuted, or immune - the actor belongs to a group of people incapable of committing the offence on an individual basis - the felony solicited was actually committed |
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15.03 1 criminal solicitation of a minor |
- penalty one category lower then fence solicited - same category if actor was 17 years or older and a member of a criminal Street gang in offense was to further or avoid detection of, criminal activities of gang -Requesting, commanding or attempting to induce in minor younger than 17, With intent that:
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15. 031 criminal solicitation of a minor |
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15.04 renunciation defense |
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16.01 unlawful use of criminal instrument or mechanical security device |
-Penalty one category lower than the offense intended - with knowledge of the character, and the intent to use, or Aid another to use in a offense manufacturers, adapts, sells, installs or sets up punished as a state jail felony |
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16.02 unlawful interception, use, or disclosure of wire, oral, or electrical communication |
- commits an second degree felony if
- commits State Jail felony if the person
- a person commits state jail felony if they divulge government or law enforcement authorization to intercept - affirmative defense if person is acting under the color of law, 1 party gives consent, persons in distress |
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19.02 murder |
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19.03 capital murder |
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19.04 manslaughter |
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19.05 criminal negligent homicide |
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20.02 unlawful restraint |
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20.03 kidnapping |
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20.04 agg kidnapping |
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20a.02 trafficking of persons |
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20a.03 continuous trafficking of persons |
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21.07 public lewdness |
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21.08 indecent exposure |
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19.02 murder |
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19.03 Capital murder |
• Life-or-death • A person intentionally kills and/for
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19.04 manslaughter |
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19.05 Criminally negligent homicide |
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20.02 Unlawful restraint |
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20.03 Kidnapping |
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20.04 agg Kidnapping |
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20a.02 trafficking of persons |
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20a.03 Continuous trafficking of persons |
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21.07 Public lewdness |
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21.08 Indecent exposure |
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21.11 Indecency with a child |
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22.01 assault |
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22.02 agg assault |
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Abandoning child Endangerment |
Felony Exposes/abandons a child younger than 15 years too unreasonable risk of harm common bodily injury, physical Flash mental impairment |
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Terroristic threat |
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Sexual assault |
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Agg sexual assault |
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Injury to a child, elderly come with disable person |
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Arson |
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Criminal mischief and theft |
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Graffiti |
without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:(1) paint;(2) an indelible marker; or(3) an etching or engraving
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Theft of service |
with intent to avoid payment for service that the actor knows is provided only for compensation:
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Robbery |
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Agg robbery |
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Burglary |
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Burglary of a vehicle |
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Burglary of a coin machine |
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Criminal trespass |
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Unauthorized use of a vehicle |
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Tempering with identification numbers |
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Credit card abuse |
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Online solicitation of a minor |
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Obstruction or retaliation |
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False report or alarm |
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Tampering with evidence |
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Impersonating a public |
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Fail to a dentify |
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Resisting arrest, search, transportation |
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Evading |
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Hindering apprehension |
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Interference with public duties |
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Unlawfully carrying a weapon |
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Unlawful possession of metal or body armor by a felon |
3FM |
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Prohibited weapons |
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Driving While intoxicated |
Intoxicated while operating a motor vehicle BMO |
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Dwi with a child |
Dwi with passenger under 15 SJF |
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Intoxication assault |
Causes SBI in the course of dwi 3F |
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Intoxication manslaughter |
Cause death with dwi 2f |
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Prostitution |
Agrees to engage in sexual conduct for a feeBm repeated am Bm repeated am Bm repeated am |
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Promotion of prostitution |
Acting other than prostitute solicits another for compensation Pimp Am |
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Agg Promotion of Prostitution |
Manages to a more prostitutes 3F |
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And compelling prostitution |
Cause another by force threat or by any means take child younger than 18 to commit prostitution 2F |