TPC STUDY GUIDE
VOLUNTARY ACT (TPC) - Answer -TPC § 6.01: Req. of Voluntary Act or Omission:
(a): Voluntary engages in conduct, act, omission or possession
(b): Possession is a voluntary act if the possessor knowingly obtains or receives the
thing possessed or is aware of his control of the thing for sufficient time to permit him to
terminate his control
(c): Omission is not an offense unless defined by § 1.07
OMISSION OF AN ACT (TPC) - Answer -TPC § 6.01: Req. of Voluntary Act or
Omission
2) Person who omits to perform an act does not commit an offense unless a law as
defined by § 1.07 provides that the omission is an offense or otherwise provides he had
a duty to perform.
BAD SAMARITAN LAWS
TPC § 38.171: (1) Report (2) ANY felony in which a reasonable person would believe
serious bodily injury or death may occurred
TPC § 261.109: Child's physical or mental health has been or may be aversely affected
by abuse or neglect and knowingly fails
MENS REA / CULPABILITY (TPC) - Answer -TPC § 6.02:
(1) Intentionally : Conscious object to engage . . .
(2) Knowingly: Aware that it is practically certain his conduct will cause a result
(3) Recklessly: Consciously disregards a substantial and unjustifiable risk
(4) Criminal Negligence: Should be aware of a substantial and unjustifiable risk . . .
Risk must be of such a nature and degree that the failure to perceive it constitutes gross
deviation from standard of care
Must have Mens Rea unless explicitly states there is none
Use intentional, knowingly, or reckless
INTOXICATION & MENTAL STATE (TPC) - Answer -TPC § 8.04:
Voluntary Intoxication is NOT a defense
TRANSFERRED INTENT (TPC) - Answer -MPC § 2.02 & TPC § 6.04(b): ISSUE OF
CAUSATION
Only allowed if difference between what actor intended and the results were:
(1) Different offense committed; or (2) Different person injured
STRICT LIABILITY (TPC) - Answer -Defined by statute
Ex: DUI, speeding, etc.
MISTAKE OF LAW (TPC) - Answer -TPC § 8.03:
, (b) Affirmative defense to pros. that actor reasonably believed the conduct charged did
not constitute a crime and that he acted in reasonable reliance upon:
(1) Official statement of the law; or
(2) Written interpretation of the law
(c) Possible for actor to be convicted of a lesser crime.
MISTAKE OF FACT (TPC) - Answer -§ 8.02:
Mistake must be reasonable to be used a defense and negate mens rea
Exception: Legal-Wrong Doctrine
Legal-Wrong Doctrine: Actor's conduct causes social harm prohibited by statute then
he is guilty of that offense even if based on his reasonable understanding of the
circumstances he'd be guilty of a less serious crime.
Still be charged with lower offense
CAUSATION - Answer -(1) Compare D's casual conduct with intervening cause
(2) Ask whether independent intervening cause was foreseeable/proximate cause
(3) Ask whether the victim voluntary chose to endanger himself
(4) Determine whether the intervening cause was an omission rather than an act, often
don't serve as intervening cause and will break causation chain
CAUSATION (TPC) - Answer -§6.04
Relies on "But-For"
Exception: Concurrent cause was clearly sufficient to produce the result without the
actor
Still responsible even if:
Different offense committed
Different person or property hurt
COMPLICITY - Answer -Accomplice Liability is the vicarious liability for the conduct of
another based on the fact that one is an accomplice to the commission of a crime
TEXAS: Person with intent to promote or assist commission of an offense, solicits,
encourages, directs, aids or attempts to aid another person to commit the offense.
Co-Conspirator Liability is based on one's membership in a conspiracy
TEXAS: Person who conspires to commit an offense by agreeing with another persons
that they or one of them will commit the offense.
COMPLICITY (TPC) - Answer -CH 7 SUBSEC A
(a) A person criminally responsible as a party to offense if offense is committed by own
conduct, the conduct of another which he is criminally responsible, or by both.
(b) Each party may be charged with commission of the offense.
(c) All traditional distinctions between accomplices and principals are abolished by this
section, and each party may be charged and convicted without alleging that he acted as
a principal or accomplice.
VOLUNTARY ACT (TPC) - Answer -TPC § 6.01: Req. of Voluntary Act or Omission:
(a): Voluntary engages in conduct, act, omission or possession
(b): Possession is a voluntary act if the possessor knowingly obtains or receives the
thing possessed or is aware of his control of the thing for sufficient time to permit him to
terminate his control
(c): Omission is not an offense unless defined by § 1.07
OMISSION OF AN ACT (TPC) - Answer -TPC § 6.01: Req. of Voluntary Act or
Omission
2) Person who omits to perform an act does not commit an offense unless a law as
defined by § 1.07 provides that the omission is an offense or otherwise provides he had
a duty to perform.
BAD SAMARITAN LAWS
TPC § 38.171: (1) Report (2) ANY felony in which a reasonable person would believe
serious bodily injury or death may occurred
TPC § 261.109: Child's physical or mental health has been or may be aversely affected
by abuse or neglect and knowingly fails
MENS REA / CULPABILITY (TPC) - Answer -TPC § 6.02:
(1) Intentionally : Conscious object to engage . . .
(2) Knowingly: Aware that it is practically certain his conduct will cause a result
(3) Recklessly: Consciously disregards a substantial and unjustifiable risk
(4) Criminal Negligence: Should be aware of a substantial and unjustifiable risk . . .
Risk must be of such a nature and degree that the failure to perceive it constitutes gross
deviation from standard of care
Must have Mens Rea unless explicitly states there is none
Use intentional, knowingly, or reckless
INTOXICATION & MENTAL STATE (TPC) - Answer -TPC § 8.04:
Voluntary Intoxication is NOT a defense
TRANSFERRED INTENT (TPC) - Answer -MPC § 2.02 & TPC § 6.04(b): ISSUE OF
CAUSATION
Only allowed if difference between what actor intended and the results were:
(1) Different offense committed; or (2) Different person injured
STRICT LIABILITY (TPC) - Answer -Defined by statute
Ex: DUI, speeding, etc.
MISTAKE OF LAW (TPC) - Answer -TPC § 8.03:
, (b) Affirmative defense to pros. that actor reasonably believed the conduct charged did
not constitute a crime and that he acted in reasonable reliance upon:
(1) Official statement of the law; or
(2) Written interpretation of the law
(c) Possible for actor to be convicted of a lesser crime.
MISTAKE OF FACT (TPC) - Answer -§ 8.02:
Mistake must be reasonable to be used a defense and negate mens rea
Exception: Legal-Wrong Doctrine
Legal-Wrong Doctrine: Actor's conduct causes social harm prohibited by statute then
he is guilty of that offense even if based on his reasonable understanding of the
circumstances he'd be guilty of a less serious crime.
Still be charged with lower offense
CAUSATION - Answer -(1) Compare D's casual conduct with intervening cause
(2) Ask whether independent intervening cause was foreseeable/proximate cause
(3) Ask whether the victim voluntary chose to endanger himself
(4) Determine whether the intervening cause was an omission rather than an act, often
don't serve as intervening cause and will break causation chain
CAUSATION (TPC) - Answer -§6.04
Relies on "But-For"
Exception: Concurrent cause was clearly sufficient to produce the result without the
actor
Still responsible even if:
Different offense committed
Different person or property hurt
COMPLICITY - Answer -Accomplice Liability is the vicarious liability for the conduct of
another based on the fact that one is an accomplice to the commission of a crime
TEXAS: Person with intent to promote or assist commission of an offense, solicits,
encourages, directs, aids or attempts to aid another person to commit the offense.
Co-Conspirator Liability is based on one's membership in a conspiracy
TEXAS: Person who conspires to commit an offense by agreeing with another persons
that they or one of them will commit the offense.
COMPLICITY (TPC) - Answer -CH 7 SUBSEC A
(a) A person criminally responsible as a party to offense if offense is committed by own
conduct, the conduct of another which he is criminally responsible, or by both.
(b) Each party may be charged with commission of the offense.
(c) All traditional distinctions between accomplices and principals are abolished by this
section, and each party may be charged and convicted without alleging that he acted as
a principal or accomplice.
