Criminal Law

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Criminal Law
2010-02-25 20:11:35
Crim Law

Texas Penal Code
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  1. § 1.05 Construction of the Code
    (a) The rule that a penal statute is to be strictly construed does not apply to this code. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code.
  2. 4 Culpable Mental States
    • 1. Intentional
    • 2. Knowing
    • 3. Reckless
    • 4. Criminal Negligence
  3. § 6.02 Requirement of Culpability
    • (a) Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.
    • (b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element
    • (c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility.
    • (d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows: (1) intentional; (2) knowing; (3) reckless; (4) criminal negligence.
    • (e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.
  4. § 6.03 Definitions of a Culpable Mental State

    (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage int he conduct or cause the result.