Texas Penal Code Offenses Flashcards

Under Texas Penal Code §19.02, murder is classified as a first-degree felony. However, it may be reduced to a second-degree felony if the defendant proves they acted:

Answer: Under the immediate influence of sudden passion arising from adequate cause

TPC §19.02(d) allows a murder to be reduced to a second-degree felony if the defendant proves they acted under the immediate influence of sudden passion arising from adequate cause.

A person commits 'arson' under TPC §28.02 by starting a fire or explosion with intent to destroy or damage property — which of the following would elevate arson to a first-degree felony?

Answer: The fire or explosion is started at a habitation, place of worship, or public building

TPC §28.02 elevates arson to a first-degree felony when the targeted property is a habitation, a place of worship, or certain public buildings.

Under TPC §32.21, forgery is committed when a person forges a writing with intent to defraud or harm another. Which mental state is required?

Answer: Intent to defraud or harm

TPC §32.21 requires that the person act with intent to defraud or harm another — a specific intent beyond mere knowledge.

Under TPC §22.04, 'injury to a child, elderly individual, or disabled individual' can be committed by omission. Which of the following is required for omission liability?

Answer: The actor must have a legal or statutory duty of care toward the victim

TPC §22.04 imposes omission liability only when the actor has a legal or statutory duty to act — such as a parent, guardian, or caretaker.

Which of the following best describes the offense of 'stalking' under TPC §42.072?

Answer: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury or death

TPC §42.072 defines stalking as a course of conduct — more than one act — directed at a specific person that would cause a reasonable person to fear harm.

Under TPC §36.02, 'bribery' is committed when a person intentionally or knowingly offers, confers, or agrees to confer a benefit on a public servant as consideration for the public servant's:

Answer: Vote, decision, opinion, recommendation, or other exercise of discretion in their official capacity

TPC §36.02 defines bribery as conferring a benefit on a public servant in exchange for the exercise of their official discretion — vote, decision, recommendation, etc.

A person is charged with 'making a false report to a peace officer' under TPC §37.08. What must the prosecution prove regarding the defendant's mental state?

Answer: The defendant knowingly made a false statement that was material to a criminal investigation

TPC §37.08 requires that the person knowingly make a false statement that is material to a criminal investigation — negligence or recklessness is insufficient.