Texas Penal Code Study Guide Tackled Correctly

1. Insanity 2. Mistake of fact 3. Mistake of law 4. Intoxication 5. Duress 6. Entrapment 7. Age - General defenses to criminal responsibility (7) Murder - If you intentionally and knowingly cause death while intentionally causing injury dangerous to human life, what crime have you committed? Murder - If you intentionally and knowingly cause death while committing a felony, and committing an act dangerous to human life- what crime have you committed? Sudden Passion due to adequate cause - What reason can downgrade a 1st degree felony murder to second degree? 1. Peace officer or fireman 2. For pay/promise of pay 3. Escaping penal institution 4. Murders more than one person- same episode 5. Person under 10 6. Inmate murders another due to gang/ life to 99 - What circumstances can make a murder capital murder? (6) 1. Kidnapping 2. Burglary 3. Robbery 4. Aggravated sexual assault 5. Arson 6. Obstruction 7. Retaliation 8. Terroristic threat - Murder can also be capital murder if done while committing what crimes? (8) Manslaughter, 2nd degree - If you recklessly cause death of another, what crime have you committed? Level of offense Criminally negligent homicide, SJF - IF you cause death of another through criminal negligence what crime have you committed? Level of offense? 1. Through force/intimidation/deception 2. Victim less than 14 3. Victim 14-17 taken out of state/more than 120 miles - Unlawful restraint is defined by restraining another intentionally and knowingly (3): 1. Through force, intimidation, deception 2. Victim less than 17 - Unlawful restraint is a SJF if: (2) 1. Expose victim to SBI 2. Victim is public servant 3. Victim in custody/restraining another - unlawful restraint is 3rd degree felony if (3) Victim is peace officer/judge - What makes unlawful restraint a second degree felony? Actor was family member maintaining lawful control of child under 14 - What is an affirmative defense for unlawful restraint?