Penal Code Sec9.txt

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eddawg1969
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Penal Code Sec9.txt
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2011-02-13 17:10:07
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Penal Code Sec9
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  1. Sec. 9.01
    Deadly Force
    "Deadly Force" means force that is intended or known by the actor to cause, or in the manner of it's use or intended use is capable of causing, death or serious bodily injury.
  2. Sec 9.05 Reckless Injury of Innocent Third Person

    If an actor recklessly injures or kills an innocent third person in the defense of another, is the justification afforded by this chaper available?
    Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury of the innocent third person.
  3. Sec 9.21 Public Duty
    Is the use of force only justified under this section if the actor reasonably believes the deadly force is specifically required by statute? In what other situation is it justified, if any?
    The use of dealy force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war.
  4. Sec. 9.31 Self - Defense
    When is a person justified in using force against another?
    A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use unlawful force.
  5. Sec. 9.31
    Self - Defense
    When is the use of force against another not justified?
    The use of force against another is not justified: (1) In the reponse to verbal provocation alone; (2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction.
  6. Sec. 9.31
    Self - Defense
    Can the use of force to resist arrest or search be justified?
    The use of force to resist an arrest or search is justified when a peace officer uses or attempts to use greater force than necessary to make an arrest or search and when the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's use or attempted use of greater force than necessary.
  7. Sec. 9.34 Protection of Life or Health
    Is a person justified in using deadly force, against another to prevent the other from committing suicide or inflicting serious bodily injury to himself?
    A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.
  8. Sec. 9.34 Protection of Life or Health
    When is a person justified in using both force and deadly force in the protection of life or health?
    A person is justified in using both force and dealy force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other's life in an emergency.
  9. Sec 9.42 Deadly Force to Protect Property
    In what instances can someone use deadly force in protection of property if the actor is fleeing?
    • 1. arson
    • 2. burglary
    • 3. robbery
    • 4. aggravated robbery
    • 5. theft during the nightime
    • **criminal mischief during the nightime is only during the imminent commission.
  10. Sec. 9.52 Prevention of Escape from Custody
    Who is justified in using deadly force to prevent the escape of a person from the correctional facility?
    The use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.
  11. Sec. 9.61 Parent-Child
    The use of force, but not deadly force, against a child __________ is justified.
    younger than 18
  12. Sec . 19.01 Types of Criminal Homicide.
    A person commits criminal homicide if he i____, k____, r____, or with c____n_____causes the death of an idividual.
    intentionally, knowingly, recklessly, or with criminal negligence
  13. Sec. 19.02 Murder

    Adequate Cause: means cause that would commonly produce a degree of a___, r___, r___, or t___ in a person of ordinary t___, sufficient to render the mind incapable of c___ r___.
    anger, rage , resentment, or terror

    cool reflections
  14. Sec. 19.03 Capital Murder
    A person commits an offense if the person commits murder and:
    murders a peace officer or fireman

    in the course of committing or attempting to commit kidnapping burglary, robbery , agg robbery, agg sexual assault, arson, obstruction or retaliation or terroristic threats.

    for renumeration or promise of or employs another

    while escaping or attempting to escape from a penal institution

    while incarcerated in a penal institution kills another or someone employed in the penal institution.

    murder more than one person

    during the same criminal transaction, same scheme, or course of conduct

    murders an individual under six years of age.
  15. Sec. 19.04 Manslaughter
    What is the culpable mental state of someone who commits Manslaughter?
    A person commits an offense if he recklessly causes the death of an individual.
  16. Sec. 20.01 Definitions (Killing and Unlawful Restraint)
    Restrain means to r___, a person's m___ without c___, so as to i___ substantially with the person's l___, by moving the person from one place to another or by c___ the person
    restrict, movement, consent, interfere, liberty, confining
  17. Sec. 20 Definitions (Killing and Unlawful Restraint)
    Restraint is "without consent" if it is accomplished by:
    f___, i___, or d____; or any means of acquiescene of the victim. if:
    the victim is a child who is less than ___ years of age or an i___ person

    The victim is a child who is ___ years of age or older and younger than ___ years of age, the victim is taken outside of the state and outside a ___ -mile radius from the victim's residence.
    force, intimidation, deception

    14, incompetent

    14, 17, 120
  18. Sec. 20.01 Definitions (Killing and Unlawful Restraint)
    "Abduct" means to restrain a person with intent to prevent liberation by:
    s___ or h___ him in a place where he is not likely to be found; or
    u___ or t___ to use d___ f___.
    secreting, holding

    using, threatening, deadly force
  19. Sec. 20.02 Unlawful Restraint
    Unlawful Restraint
    A person commits an offense if he intentionally or knowingly ___ another person.
    restrains
  20. Sec. 20.03 Kidnapping
    Kidnapping
    A person commits an offense if he intentionally or knowingly ___ another person.
    abducts
  21. Sec. 20.04 Aggravated Kidnapping
    Aggravated Kidnapping A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
    • hold for ransom or reward
    • use as a shield or hostage
    • facilitate the commission of a felony or the flight after committing a felony
    • inflict bodily injury or violate or abuse sexually
    • terrorize him or third person
    • interfere w/performance of any governmental or political function.
  22. Sec. 21.01 Definitions (Sexual Offenses)

    "Deviate sexual intercourse" means any c___ between any part of the g___ of one person and the m___ or a___ of another person; or the p___ of the g___ or the a___ of another person with an o___.
    contact, genitals, mouth, anus; penetration, genitals, anus, object.
  23. Sec. 21.01 Definitions (Sexual Offenses)

    "Sexual Contact" means any t___ of the a___, b___, or any part of the g___ of another person with i___ to a___ or g___ the s___ d___ of any person.
    touching, anus, breasts, genitals, intent arouse, gratify, sexual, desire
  24. Sec. 21.01 Definitions (Sexual Offenses)

    "Sexual Intercourse" means any p___ of the f___ s___ o___ by the male s___ o___.
    penetration, female sex organ, sex organ
  25. Sec. 21.02 Continuous Sexual Abuse of Young Child or Children
    What is the period of duration, which a person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims?
    During a period that is 30 or more days in duration.
  26. Sec. 21.06 Homosexual Conduct

    Which case declared Homosexual Conduct unconstitutional?
    Sec. 21.06 Homosexual Conduct was declared unconstitutional by Lawrence v. Texas.
  27. Sec. 21.07 Public Lewdness

    What is the culpable mental state if a person commits Public Lewdness?
    A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his acts.
  28. Sec. 21.15 Improper Photography or Visual Recording

    Is a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted sufficient to establish a person's consent?
    No, it is not sufficient to establish the person's consent for Improper Photography or Visual Recording.
  29. Sec. 22.01 Assault
    Assault:
    intentionally, knowingly, recklessly
    causes bodily injury
    intentionally or knowingly threatens imminent bodily injury
    intentionally or knowingly causes physical contact

    What is the penalty for assault?
    An offense of assault is a Class A misemeanor

    Felony of the third degree if against a public servant

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