Texas Historical Statutes Project

Texas Penal Code 1984

S S as tat A B ex e X T A E R

T

L    F O U N D A T I O N L

This project was made possible by the Texas State Law Library and a grant from the Texas Bar Foundation.

Digitized with permission from Texas Penal Code

WITH TABLES AND INDEX TEXAS STATE LAW LIBRARY

As Amended through the _1983 Regular and First Called Sessions of the 68th Legislature

WEST PUBLISHING CO. ST. PAUL, MINNESOTA Reprinted from Texas Penal Code Fifth Edition

COPYRIGHT© 1976, 1977, 1979, 1961, 1983 WEST PUBLISHING CO.

COPYRIGHT© 1984 By \'XEST PUBLISHING CO.

WTSC Penal PREFACE

This Pamphlet contains the text of the Penal Code as amended through the 1983 Regular and First Called Sessions of the 68th Legisla­ ture. The Penal Code constitutes a unit of the Texas Legislative Coun­ cil's statutory revision program. The Code was originally enacted by Acts 1973, 63rd Leg., ch. 399. Table 1, Disposition, and Table 2, Derivation, are furnished, thus providing a means of tracing repealed subject matter into the Code and, on the other hand, of searching out the source of the Code sections. Pursuant to section 5 of Chapter 399, the Texas Legislative Council has compiled a table showing the disposition of unrepealed articles of the Penal Code of 1925, which is also included herein as Table 3. A detailed descriptive word Index at the end of the Code is furnished to facilitate the search for specific textual provisions. Comprehensive coverage of the judicial constructions and in­ terpretations of the Code, together with cross references, references to law review commentaries discussing particular provisions, and other editorial features, is provided in the volumes of Vernon's Texas Stat­ utes and Codes Annotated.

THE PUBLISHER

July, 1984

*

WTSC Penal III

TABLE OF CONTENTS

Page Preface ------III Effective Dates __ ------__ ------_" ------IX Tables 1. Disposition ______------_------__ _ XI

2. Derivation ------XIX 3. Disposition of U nrepealed Penal Code Articles ______XXIX

TEXAS PENAL CODE Section Analysis, see beginning of each Chapter

TITLE 1. INTRODUCTORY PROVISIONS Chapter 1. General Provisions ______2 2. Burden of Proof ------5 3. Multiple Prosecutions ______- ______6

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY 6. Culpability Generally ______7 7. Criminal Responsibility for Conduct of Another ______8 Subchapter A. Complicity ______8 B. Corporations and Associations ______8 8. General Defenses to Criminal Responsibility ______9 9. Justification Excluding Criminal Responsibility ______11 Subchapter A. General Provisions ______11 B. Justification Generally ______12 C. Protection of Persons ______12 D. Protection of Property ______13

E. Law Enforcement ______~ ______14 F. Special Relationships ______15

TITLE 3. PUNISHMENTS 12. Punishments ______15 Subchapter A. General Provisions ______15 B. Ordinary Misdemeanor Punishments ______16 C. Ordinary Felony Punishment~ ______16 D. Exceptional Sentences ------17 E. Corporations and Associations ______18.

WTSCPenal V TABLE OF CONTENTS

TITLE 4. INCHOATE OFFENSES

Chapter Page 15. Preparatory Offenses ______18 16. Criminal Instruments and Interception of Wire or Oral Com­ munication ------20

TITLE 5. OFFENSES AGAINST THE PERSON 19. Criminal Homicide ______21 20. Kidnapping and False Imprisonment ------23 21. · Sexual Offenses ______23 22. Assaultive Offenses ______25

TITLE 6. OFFENSES AGAINST THE FAMILY 25. Offenses Against the Family ______29

TITLE 7. OFFENSES AGAINST PROPERTY

28. Arson, Criminal Mischief, and Other Property Damage or De- struction ------32 29. Robbery ------34 30. Burglary and Criminal Trespass ______34 31. Theft ------35 32. Fraud ------40 Subchapter A. General Provisions ______41 B. Forgery ------41 C. Credit ------42 D. Other Deceptive Practices ______44

TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION 36. Bribery and Corrupt Influence ______47 37. Perjury and Other Falsification ------49 38. Obstructing Governmental Operation ______51 39. Abuse of Office ______54

TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

42. Disorderly Conduct and Related Offenses ______~ ______55 43. . Public Indecency ______59 Subchapter A. Prostitution ______59 B. Obscenity ------60

VI TABLE OF CONTENTS

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

Chapter Page 47.46. \VeaponsGambling ------______6562 48. Conduct Affecting Public Health ______68

TITLE 11. ORGANIZED CRIME 71. Organized Crime ______69

INDEX

Page 71

*

VII

EFFECTIVE DATES

The following table shows the date of adjournment and the effective date of ninety day bills enacted at sessions of the legislature beginning with the year 1945: Year Leg. Session Adjournment Date Effective Date 1945 49 Regular June 5, 1945 September 4, 1945 1947 50 Regular June 6, 1947 September 5, 1947 1949 51 Regular June 6, 1949 September 5, 1949 1951 52 Regular June 8, 1951 September 7, 1951 1953 53 Regular May 27, 1953 August 26, 1953 1954 53 1st C.S. May 13, 1954 August 12, 1954 1955 54 Regular June 7, 1955 September 6, 1955 1957 55 Regular May 23, 1957 August 22, 1957 1957 55 1st C.S. November 12, 1957 February 11, 1958 1957 55 2nd C.S. December 3, 1957 March 4, 1958 1959 56 Regular May 12, 1959 August 11, 1959 1959 56 1st C.S. June 16, 1959 September 15, 1959 1959 56 2nd C.S. July 16, 1959 October 15, 1959 1959 56 3rd C.S. August 6, 1959 November 5, 1959 1961 57 Regular May 29, 1961 August 28, 1961 1961 57 1st C.S. August 8, 1961 November 7, 1961 1961 57 2nd C.S. August 14, 1961 November 13, 1961 1962 57 3rd C.S. February 1, 1962 May 3, 1962 1963 58 Regular May 24, 1963 August 23, 1963 1965 59 Regular May 31, 1965 August 30, 1965 1966 59 1st C.S. February 23, 1966 * 1967 60 Regular May 29, 1967 August 28, 1967 1968 60 1st C.S. July 3, 1968 * 1969 61 Regular June 2, 1969 September 1, 1969 1969 61 1st C.S. August 26, 1969 * 1969 61 2nd C.S. September 9, 1969 December 9, 1969 1971 62 Regular May 31, 1971 August 30, 1971 1971 62 1st C.S. June 4, 1971 September 3, 1971 1972 62 2ndC.S. March 30, 1972 June 29, 1972 1972 62 3rd C.S. July 7, 1972 * 1972 62 4th c.s. October 17, 1972 January 16, 1973 1973 63 Regular May 28, 1973 August 27, 1973 1973 63 1st C.S. December 20, 1973 * 1975 64 Regular June 2, 1975 September 1, 1975 1977 65 Regular May 30, 1977 August 29, 1977 1977 65 1st C.S. July 21, 1977 * 1978 65 2nd C.S. August 8, 1978 November 7, 1978 1979 66 Regular May 28, 1979 August 27, 1979 1981 67 Regular June 1, 1981 August 31, 1981 1981 67 1st C.S. August 11, 1981 November 10, 1981 1982 67 2nd C.S. May 28, 1982 * 1982 67 3rd C.S. September 9, 1982 * 1983 68 Regular May 30, 1983 August 29, 1983 1983 68 1st C.S. June 25, 1983 September 23, 1983 * No legislation for which the ninety day effective date is applicable.

WISC Penal IX*

TABLE 1 Disposition

Showing where provisions of former articles of Vernon's Annotated Penal Code are covered in the new Penal Code or in other units of West's Texas Statutes and Codes. See Table 3 for Disposition of unrepealed articles of the Penal Code of 1925, as amended.

Vernon's Vernon's Ann.P.C. Penal Code Ann.P.C. Penal Code Article Section Article Section 1, 2 ------1.02 46 ------2.03 3 ______1.03(a) 2.04 4, 5 ------1.05(b) 47 ------_12.02 6 ------1.02 12.03 7 ------1.05(a) 12.04 8 ------_l.05(b) 48 ______12.03 9 ------2.01 49, 50 ------c ------10 ------1.03 51 ______c ______12.01( c) 52 ______12.03 11 ------12 ------8.03 53 to 60 ______- 13 61 ------_12.43 to 62 to 64 ______12.42 18 ------65 ------7.01 19 ------1.05(b) 7.02 1.07(a)(l7) 66 to 71 ------7.02 20, 21 ------_l.05(b) 72 ------7.01 22 ______1.07(a)(27) 73 ------6.04 74 to 76 ______- 23 ------1.07(a)(2) 24 77 to 79 ______38.05 to 80 ------7.03(2) 81 ______38.05 26 ------27 ______1.07(a)(22) 83 to 85 ------86, 87 ------_39.01 28 ------88 ------29 ------1.04(a) 89 to 91 ______39.01 30 ------8.07 92 ______1.07(a)(30) 31 ------8.07 93 to 96 ______39.01 32 ------8.05 98, 99 ------33 ------100, 101 ------_39.01 34 ------8.01 107f ------_39.01 35 ------108 ______39.01 36 ------8.04 109 ------37 ------9.21 110 ______39.01 38 ------8.05 111 ------39 ------6.01 112 to 119 ______39.01 6.03 120 ------_36.03 40 ------8.03 39.01 41 ------8.02 121 to 131 ------42 to 44 ------6.04 132 to 139 ______. ______- 45 ------2n5 141 ------

WTSC Periai XI TABLE 1-DISPOSITION

Vernon's Vernon's Ann.P.C. Penal Code Ann.P.C. Penal Code Article Section Article Sectipn 142, 143 ______39.01 327 ______38.08 144 ______39.03 38.10 145, 146 ------_39.01 328 to 330 ___ ·______38.08 147, 147c ______37.11 331 to 333a ______25.03 147d § 2 ------334 ------_38.08 148 ------_42.09 335 ------___ 38.05 149 ------336, 337 ------152 ______42.09 338, 339 ------__ 38.03 153 to 157 ______- 340 ------158 to 160 ______36.02 341 ______38.03 160-a to 165 ______36.02 38.04 166, 167 ------__ 32.43 342 to 345 ______- 168 to 174 ______36.02 346 ______1.07(a)(25) 177 to 178a ______36.02 347 ______l.07(a)(ll) 178b. ------_32.44 348 ------184 to 187 ______- 349 ------_39.02 188 to 197 ______36.02 350 to 352 ______- 198 to 200a ______- 353 ______39.02 201 to 205 ______- 353a, 353b ______38.07 253 ______42.02 353d ------_38.07 254 ______36.03 354 to 364 ______37.10 42.02 365 to 371 ______39.01 255 ______42.01 372 ______36.08 42.02 373 ------.. ------256 ______36.03 379, 380 ------~ - -- 257 ______46.04(a)(2) 381 to 383 ______39.01 258 ______36.03 384 to 395 ______39.01 261 ______39.02 396 to 403 ______39.01 281 ______42.01 407 to 414 ______39.01 415 to 418 ______39.01 42.05 282 to 287 ______. ______- 418a419 ______------39.01 302 ______37.02 420 to 422 ______39.01 37.03 423 ------__ 39.01 303 ------_37.02 425 ______39.01 37.03 426, 427 ------_39.01 304 ______37.07 305 ______37.01 427c ------306 ______37.03 428 ------_38.06 428a ______36.05 307 ------_37.03 429 ______37.11 37.04 430 ______38.12 ______37.02 308 438c, 438d ______31.10 37.03 439 ______42.02 309 ------310 ______37.02 440, 441 ------_36.03 442 to 446 ______c ____ 38.07 311 ------.. ------_37.01 312 to 314 ______- 38.08 315 ------7.02 447, 448 ------__ 36.03 316 ______36.05 449 to 452 ______42.02 317 to 322 ______38.08 453, 454 ------42.04 323, 324 ______39.01 454a to 454g ______------325 ------455, 456 ------42.02 326 ______38.08 457 ______36.03 38.10 42.02

XII TABLE 1-DISPOSITION

Vernon's Vernon's i\nn.P.C. Penal Code Ann.P.C. Penal Code Article Section Article Section 458 to 463 ______38.06 519 ______43.03 42.02 to 464 ______42.02 43.05 465 ------42.01 520 ------1.04 42.02 521 ______43.06 466 ______42.02 522 ______43.04 466a ______42.01 523 ------467 to 470 ______42.02 524 ______21.04 471 ------to 472 ______42.04 21.06 472a ______42.02 525 ______43.03 42.03 43.04 473 ______42.01 527 ______43.21 474 ______42.01 to 42.03 43.23 42.05 528, 528a ______42.09 475, 475a ______42.01 529, 530 ------42.10 476 ______42.07 534b ------43.24 477 ______42.08 535 ______25.03 25.04 478479 ------______30.05 535a ------480 ______42.01 535b ______25.04

480a ______42.12, repealed 535~ 535d ______2Lll 560 ______32.45 481 ------~---- 482, 482a ______42.01 565 ------_32.35 567 ______32.45 483 ------46.02 484 ______46.03 567b ______31.06 485 ------42.01 32.41 46.04 602 ______25.05 486 ______46.03- 602~A ______25.05 46.04 - 603 ------1.04 487 C.C.P. 13.16 488 ______46.02 604 ______25.05 489 ______46.06 605 ______25.05 46.07 C.C.P. 38.11 489a ------606 ------489b ______46.06 607 §§ (1) to (8) ______- 489c ______46.05 § (9) ------43.02 489d ______46.08 §§ (10) to (13) ______- 490 to 491 ______25.01 § (14) ------_43.02 494 ______25.01 43.03 495 ______25.02 § (15) ------43.03 § (16) ------_21.07 498 to 509 ------43.02 510 to 512 ______43.04 §§ (17), (18) ------43.02 513 ______43.21 § (19) ------43.03 43.22 § (20) ------43.02 43.24 § (21) ------_43.06 514 ______43.03 607a ______43.02 515 ______43.04 608 ------516 ______43.05 609 ______C.C.P. 14.03 517, 518 ------' 610 to 612 ------

XIII TABLE I-DISPOSITION

Vernon's Vernon's Ann.P.C. Penal Code Ann.P.C. Penal Code Article Section Article Section 613 ______42.11 698c ______C.C.P. 17A.02 614 ------to 614b ------C.C.P. 17A.07 615 to 618 ______47.02 698d § 7 ______C.C.P. 17A.02 619 to 621 ______47.06 § 8 ______C.C.P. 17A.03 47.07 § 9 ______C.C.P. 17A.04 622 § 10 ______C.C.P. 17A.06 623 § 11 ______C.C.P. 17A.07 624 ______47.02 § 12 ------625 ______47.04 699 ------47.06 701 ------47.07 702, 703 ------626 to 629 ______47.04 710 to 713 ______32.42 630 ______47.04 714 to 716 ------718 ______32.42 47.06 755 to 758 ______- 631 ------632 ------··----- 784 ------42.03 633 ______C.C.P. ch. 18 785, 786 ------42.03 634 ______R.C.S. 4667 790 ------635 ------791 ------9.22 636 to 638 ______C.C.P. 18.18 796 to 797b ------639 ______47.09 799 ------640, 641 ------_39.01 800, 801 ------802a ------642 ------802a-1 ______19.05 642a to 642c ______47.02 802c ______19.05 to 803 ______C.C.P. 14.03 47.07 642c ______47.09 813 to 817 ______- 831, 832 ------_39.01 643, 643a ______47.02 856 ______30.05 644 ------857 ______42.03 645 ______47.01 858 ______30.05 646 ------47.02 859 ______28.03 646a to 648-2 ______47.02 860 ------to 861 ______30.03 47.04 862 ______28.03 649 ______47.04 864 ______28.03 650 ------47.03 9780 ______31.04 47.04 979 to 993 ______32.21 651 ------_47.02 652 ------_47.09 995, 996 ------_32.21 652a ______.. ______4 7.02 997 ______16.01 998 ______32.21 to 47.07 999 ------654, 655 - ~------_47.02 1000, 1001 ------_32.46 to 1002 ------_32.21 47.04 32.47 655a, 655b ______- 37.10 695, 696 ------_- 1002a ______32.21 698c ______"'W'ater Code 32.47 §§ 21.551 37.10 1003 ______32.46 to 21.564 1004 ______32.21

XIV TABLE 1-DISPOSITION

Vernon's Vernon's Ann.P.C. Penal Code Ann.P.C. Penal Code Article Section Article Section 1147 ______1.07(a)(ll) 1005 ------3.01 to 22.02 3.04 22.03 1006 to 1008 ______32.21 22.04 1148 ------_22.02 1009 ------1.04 1148a ______22.04 . 1010, 1011 ------______32.21 1149 ______22.02 1012 to 1017 ______32.21 1026 ______32.21 1150 ------1151 ------_22.02 1030 ------~------32.42 1157 ______39.01 1041 ______39.01 39.02 1042 1158 ______39.01 1044, 1045 ------_32.42 39.02 1050, 1051 ------_32.42 1159 ______15.01 1053 ------_32.42 22.01 1056 ______31.04 22.02 1057 ------1160 ______15.01 1094 to 1100 ______19.02 1106a ______32.42 22.01 llllb ------_28.03 22.02 llllm ______- 1160a ______15.01 19.02 1117 ------1118 to·1121 ______37.03 22.03 1123 ______32.21 1161 ______46.01 1137e, 1137e-1 ______31.04 1162 ------_15.01 1137f ______28.03 21.02 1163 ______15.01 28.04 29.02 1137g ------_31.04 1164 ______15.01 1137j ------1138 to 1141 ______22.01 30.02 1142, subd. 1 ______9.61 1165 ------_15.01 1166 ______22.02 to 1167 ______22.01 9.63 subd. 2 ______9.21 22.02 subd. 3 ______9.22 1168 ______22.02 9.32 1169 to 1172 ______20.02 subd. 4 ______9.41 1173 ------9.03 to 1174 ------_20.02 9.43 1175, 1176 ------_·39.02 subd. 5 __ ~ ______9.51 1177 ------_20.02 subd. 6 ______~ _ 9.31 20.03 9.33 25.03 9.43 1177a ______20.04 subd. 7 ______9.31 1178 ------__ 20.03 1143 ------9.31 1179 to 1182 ______20.02 1144, 1145 ------_22.01 43.05 ll46 ______22.01 1183 to 1186 ______21.02 22.07 21.03 42.01 21.09 1146a ______22.01 1187 ______21.01 22.05 1188<"' ------8.07

xv TABLE 1-DISPOSITION

Vernon's Vernon's Ann.P.C. Penal Code Ann.P.C. Penal Code. Article Section Article Section 1189 ______c ______21.02 1257b ------21.03 1257c ______19.04 21.09 19.05 1190 ------_15.01 1258 ______19.06 21.02 1259 to 1260a ______19.02 1197 to 1200 ______- 19.04 1201 ______19.01 22.01 1202, 1203 ------6.04 22.02 19.01 1265, 1266 ______22.07 1204, 1205 ------1267 ------9.04 1206 ------6.04 22.07 1207 ------9.32 1268, 1268a ______22.07 1208 to 1211 ______9.21 1269, 1270 ------1212 ------9.21 1271 ______32.21 9.51 1272 to 1294 ______- 9.52 1295, 1296 ------42.07 1213 ------1297 ------1214 to 1218 ______9.21 1298 ------_31.03 9.51 38.12 9.52 1299 ------_37.08 1219 ------9.32 1300 to 1303 ______9.33 1304 to 1309 ______28.02 1220 1310, 1311 ------9.22 1221 ------9.32 1312 ______28.02 1313 ______28.05 1222 ------9.32 9.33 1314, 1315 ______28.02 9.42 1316 ______1~01 1223 ------28.02 1224 to 1226 ______9.32 1317 to 1321b ______28.03 9.33 28.04 9.41 1322 ______31.03 1227 ------9.41 1323 ______28.03 to 28.04 9.44 1324 ______19.02 1228 ------6.01 1325 to 1326 ______15.01 6.04 1329 1229 ------6.01 1331 ------_19.02 to 28.03 6.04 1332 ------_19.02 9.61 28.03 to 1333 ______31.07 9.63 1334 ______28.03 1230 ------_19.07 1335 ------__ 19.02 1231 ______19.07 42.03 1232 ------6.03 1336, 1337 ------_28.03 1233 ------6.03 1338 ------_28.03 1234, 1235 ------_19.05 28.04 1339 ______22.01 1236 ------6.04 19.05 22.02 1237 to 1243 ______19.05 22.05 1256, 1257 ------_19.02 1339b ______42.01 1257a ______:19.06 1340 ------

XVI TABLE I-DISPOSITION

Vernon's Vernon's Ann.P.C. Penal Code Ann.P.C. Penal Code Article Section Article Section 1341, 1342 ----- .. ------_31.07 1389 to 1400 ______30.02 1343 ______28.03 1401 ______31.03 1347 ______22.05 1402 ______15.01 28.03 30.02 42.03 1402a ______30.03 1348, 1349 ------_31.03 1402b ------_16.01 1350 ______28.03 1403 ------_30.04 28.04 1404 ------_30.04 32.47 1404--a ______15.01 1350a ______28.03 30.02 28.04 1404b ______30.04 1351 ______28.03 1405, 1406 ------_30.02 30.05 1407 ______31.03 1352 to 1355 ______28.03 1407a ______30.05 28.04 1408 ______29.02 1358 ------_28.03 29.03 28.04 1409 ______29.02 1359 ______28.03 29.03 28.04 31.03 1364 to 1366 ______28.03 1410 ______31.03 28.04 1411 ______31.01 1367 ______31.04 1412 to 1414 ______31.03 1368 ______28.03 1415 ______1.07(a)(28) 30.05 31.01 1372 ______28.03 1416, 1417 ------_31.03 28.04 1418, 1419 ------_31.01 1373 ______28.03 1420 to 1423 ______31.03 28.04 1424 ------42.11 1425 ------_31.01 1373-a ______28.03 1426 to 1426c ______31.03 28.04 1427 ______31.03 42.11 32.47 1374 to 1376 ______42.11 37.09 1377a ______42.11 37.10 1377b ------_30.05 1428 to 1430 ______31.03 1377c ______30.05 1436b ______31.03 1379 ------_28.03 1436c ______31.03 28.04 1436e to 1436g ______31.03 31.03 1437, 1438 ------_31.03 1379a ______28.03 1439 ______15.01 28.04 31.03 1380, 1381 ------1440 to 1442c ______31.03 1382 ______31.03 1443, 1444 ______31.03 1383 ______28.03 1445 ______31.03 28.04 1458, 1459 ------_31.03 1462 to 1466 ______31.03 1384 ------_28.03 28.04 1467' 1468 ------_28.03 1469 ______31.03 31.03 1388a ______28.03 32.21 1470 ______31.03 28.04 1388b-1 ______. ·- ______15.01 1534 to 1536 ______31.03 28.03 1537 ------_32.34 28.04 . 1538 ------_31.03

XVII TABLE 1-DISPOSITION

Vernon's Vernon's Ann.P.C. Penal Code Ann.P.C. Penal Code Article Section Article Section 1539 to 1541 ______31.03 1555b, 1555c ______c ______32.31 39.01 1556 ------_32.33 1542, 1543 ------_31.03 1559 ------1.04 ·1544 ------~------31.01 31.03 1544a ______31.03 1560 ------1.04 1544b ------_31.03 31.03 39.01 1545 ______31.03 1621b ------42.02 1622 to 1627 ______15.02 31.04 1546 ______31.03 1628 ------1.04 1546a ______31.03 15.02 32.32 1629 ------1.04 1547 ______31.01 15.02 1548 to 1550 ______31.03 1673 ______30.03 1551 ------"------31.04 31.03 1553a ______31.04 1723 ______46.02 1555 ------1723a, 1724 ______42.06

XVIII TABLE 2 Derivation

Showing where provisions of the new Penal Code, and other Codes and Statutes, were formerly covered in Vernon's Annotated Penal Code.

Vernon's Vernon's Penal Code Ann.P.C. Penal Code Ann.P.C. Section Article Section Article 1.01 ______New 6.01 ------39 1.02 . ------1 1228 2 1229 6 6.02 ______1228 1.03 3 1229 10 6.03 ------39 1.04 ------29 1228 520 1229 603 1232 1009 1233 1559 6.04 ------42 1560 to 1628 44 1629 73 1.05(a) ______7 1202 1.05(b) ------4 1203 5 1206 8 1228 19 1229 to 1236 21 7.01 65 1.06 ______New 72 1.07{a)(2) ______23 7.02 ------65 1.07(a)(ll) ______347 to 1147 71 1.07(a)(l7) ------10 315 1.07(a)(22) ______27 7.03(1) ______New 1.07(a)(25) ------346 7.03(2) ------80 1.07(a)(27) ______22 721 1.07(a)(28) ______1415 to 724 ______New 1.07(a)(30) ______92 1.08 ______New 8.01 ------34 8.02 ------41 2.01 ------9 8.03 ------12 2.02 ------40 2.03 ------46 8.04 ------36 2.04 ------46 &05 ------32 2.05 ------45 38 2.06 ______New 8.06 ______New 3.01 8.07 ------30 to 31 3.04 ______1005 1188

WTSC Penal XIX TABLE 2-DERIVATION

Vernon's Vernon's Penal Code Ann.P.C. Penal Code Ann.P.C. Section Article Section Article 9.01 ______New 9.52 ______1212 9.02 __ -~- ______New 1214 9.03 ______1173 to 9.04 ------_1267 1218 9.05 ______New 9.61 ------_1142, 9.06 ______New subd. 1 9.21 ------37 1229 1142, 9.62 ______1142, subd. 2 subd. 1 1208 1229 to 9.63 ______1142, 1212 subd. 1 1214 . 1229 to ... 12.0l(a) ______New 1218 12.0l(b) ______New 9.22 ------791 ~2.0l(c) ______51 1142, 12.02 ------47 subd. 3 12.03 ------47 1310 48 1311 52 9.31 ------_1142, 12.04 ------47 subd. 6 12.21 1142, to 12.23 ______New subd. 7 1143 12.31 9.32 ------_1142, to subds. 3, 4 12.33 ______New 1207 12.41 ______New 1219 12.42 ------62 9.33 ------__ 1142, to subd. 6 64 1219 12.43 ------61 · 1226 12.44 ______New 9.34 ______New 12.45 ______New 9.41 ------_1142, 12.51 ______New subd. 4 1224 15.01 ------. -- _1162 to to 1227 1165 9.42 ------___ 1142, 1190 subd. 4 1316 1222 1326 1227 1388b-1 9.43 ------_1142, 1402 subd. 4 1404-a 1142, 1439 subd. 6 15.02 ------_1622 1227 to 9.44 ______1227 1629 9.51 ------~1142, 15.03 subd. 5 to 1212 15.05 ______New

xx TABLE 2-DERIVATION

Vernon's Vernon's Penal Code Ann.P.C. Penal Code Ann.P.C. Section Article Section Article 16.01 ------997 21.03 ------_1183 1402b to 19.01 ------_1201 1186 to 1189 1203 21.04 19.02 ------_1160 to 1160a 21.06 ------524 1256 21.07 ------_607, § (16) 1257 21.08 ______New 1259 to 21.09 ------~ ------_1183 1260a to 1325 1186 1331 1189 1332 21.10 ______New 1335 21.11 ______535c 19.03 ______New 19.04 ______1257c 535d 21.12 ______New 1259 to 22.01 ------_1138 1260a to 19.05 ______802a~l 1141 802c 1144 1234 to to 1146a 1243 1159 1257c 1160 1260a 1167 19.06 ______l257a 1259 1258 to 19.07 ______1230 1260a 1339 1231 20.01 ______New 22.02 ------_1147 1148 20.02 ______1169 1149 to 1151 1172 1159 1174 1160 1177 1166 1179 1167 tc 1168 1182 1259 20.03 ______1177 to 1178 1260a 20.04 ______l177a 1339 21.01 ------__ 1187 22.03 ------_1147 21.02 ______1162 1160a 22.04 ______1147 1183 to 1148a 1186 22.05 ______1146a 1189 1339 1190 1347

XXI TABLE 2-DERIVATION

Vernon's Vernon's Penal Code Ann.P.C. Penal Code Ann.P.C. Section Article Section Article 22.06 ______New 28.03 ______1351 22.07 ------_1146 1352 1265 to to 1355 1268 1358 22.08 ______New 1359 25. 01 ------490 1364 to to 491 1366 494 1368 25.02 ------495 1372 25.03 ------331 to to 1373-a 333a 1379 535 1379a 1177 1383 25.04 ------331 1384 to 1388a 333a 1388b-1 535 535b 1467 1468 25.05 ------602 602-A 28.04 ------_ll37f 604 1317 605 to 28.01 ______1305 1321b 28.02 ------_1304 1323 to 1338 1309 1350 1312 1350a 1314 1352 to to 1316 1355 28.03 ------859 1358 862 1359 864 1364 llllb to 1137f 1366 1317 to 1372 1321b to 1323 1373-a 1331 1379 1332 1379a 1334 1383 1336 1384 1337 1388a 1338 1388b-1 1343 28.05 ______1313 1347 1350 28.06 ______New 1350a 29.01 ______New

XXII TABLE 2-DERIVATION

Vernon's Vernon's Penal Code Ann.P.C. Penal Coile Ann.P.C. Section Article Section Article 29.02 ______1163 31.03 ______1426 1408 to 1409 1430 29.03 ______1408 1436b 1409 1436c 30.01 ______New 1436e to 30.02 ------_1164 1389 1436g to 1437 1400 to 1402 1442c to . 1443 1406 to 1445 30.03 ------861 1402a 1458 1673 1459 1462 30.04 ------_1403 1404 to 1404b 1466 1469 30.05 ------479 856 1470 858 1534 1351 to 1368 1536 1377b 1538 1377c to 1407a 1546a 31.01 ------___ 1411 1548 1415 to 1418 1550 1419 1559 1424 1560 1547 1673 31.02 ______New 31.04 ------_9780 31.03 ______1298 1056 1322 1137e 1348 1137e-1 1349 1137g 1379 1367 1382 1545 1384 1551 1401 1553a 1407 31.05 ______New 1409 31.06 ______567b 1410 31.07 ______1333 1412 1341 to 1342 1414 31.08 1416 to 1417 31.10 ______New 1420 32.01 to to 1423 32.03 ______New

XXIII TABLE 2-DERIVATION

Vernon's Vernon's Penal Code Ann.P.C. Penal Code Ann.P.C. Section Article Section Article 32.48 ______New 32.21 ------979 to 36.01 ______New 993 36.02 ------158 995 to 996 165 998 168 1002 to 1002a 174 1004 177 1006 to to 178a 1008 188 1010 to 1011 197 1012 36.03 ------120 to 254 1017 256 1026 258 1123 440 1271 441 1469 447 32.22 ______New 448 32.31 ______1555b 457 1555c 36.04 ______New 32.32 ______1546a 36.05 ------316 32.33 ------_1556 428a 32.34 ------_1537 36.06 ______New 32.35 ------565 36.07 ______New 32.41 ______567b 36.08 ------372 32.42 ------710 36.09 ______New to 36.10 ______New 713 37.01 ------305 718 311 1030 1044 37.02 ------302 303 1045 308 1050 310 1051 1053 37.03 ------302 1106a 303 306 32.43 ------166 167 to 32.44 ______178b 308 1118 32.45 ------560 to 567 1121 32.46 ______1000 37.04 ------307 1001 37.05 ______New 1003 37.06 ______New 32.47 ------__ 1002 37.07 ------~------304 1002a 37.08 ______1299 1350 1427 37.09 ------_1427

XXIV TABLE 2-DERIVATION

Vernon's Vernon's Penal Code Ann.P.C. Penal Code Ann.P.C. Section Article Section Article 37.10 ------.. --- .. ------354 39.01 ------93 to to 364 96 438c 107f 438d 108 1002 110 1002a 112 1427 to 37.11 ------147 120 147c 142 429 143 38.01 ______New 145 38.02 _.. ______New 146 38.03 ------338 323 339 324 341 365 38.04 ------341 to 38.05 ------77 371 to · 381 79 to 81 403 335 407 38.06 ------428 to 458 423 to 425 463 to 38.07 ______353a 427 353b 640 353d 641 442 831 to 832 446 1041 38.08 ------317 1157 to 1158 322 326 1539 to to 330 1541 334 1544b 38.09 ______New 39.02 ------261 38.10 ------326 349 327 353 38.11 ______C.C.P. 22.0la 1157 38.12 ------430 1158 1298 1175 38.13 ______New 1176 39. 03 ------144 39.01 ------86 87 42.01 - - .. ------255 89 281 to 465 91 466a

xxv TABLE 2...... ;.DERIV ATION

Vernon's Vernon's Penal Code Ann.P.C. Penal Code Ann.P.C. Section Article Section Article 42.01 ------473 42.12, repealed ______480a to 43.01 ______New 475a 607, § (9) 480 607, § (14) 482 607, § (16) 482a to 485 607, § (18) 1146 607, § (20) 13391J 607a 42.02 ------253 43.03 ------514 254 to 255 516 439 519 449 525 to 607, § (14) 452 607, § (15) 455 607, § (19) to 43.04 ------510 470 to 472a 512 1621b 42.03 ______472a 5H to 474 516 784 519 to 522 786 857 525 1335 43.05 ------514 1347 to 516 42.04 ------453 454 519 472 1179 42.05 ------281 to 474 1182 42.06 ------~1723a 43.06 ------521 1724 607, § (21) 42.07 ------476 43.21 ------513 1295 527 1296 43.22 ------513 42.08 ------477 527 42.09 ------148 43.23 152 ------527 528 43.24 ------513 534b 528a 46.01 ------_1161 42.10 ------·------529 530 46.02 ------483 488 42.11 ------613 1723 1373 1373-a 46.03 ------484 1374 486 to 46.04 ------485 1377a 486

XXVI TABLE 2-DERIVATION

Vernon's Vernon's Penal Code Ann.P.C. Penal Code Ann.P.C. Section Article Section Article 46.04(a)(l) ______New 47.04 ______642a 46.04(a)(2) ______257 to 46.04(b) ______New 642c 46.04(c) ______New 646a to 46.05 ______489c 648-2 46.06 ------489 649 489b 650 652a 46.07 ------489 654 46.08 ------_489d 655 47.01 ------645 47.05 ______642a 47.02 ______615 to to 642c 618 652a 624 654 642a 655 to 47.06 ______619 642c to 643 621 643a 625 646 630 646a 642a to to 648-2 642c 651 652a 652a 654 654 655 655 47.03 ______642a 47.07 ------619 to to 621 642c 625 646a 642a to to 648-2 642c 650 652a 652a 654 654 655 655 47.08 ______New 47.04 ------625 47.09 ------639 to 642c 630 652

XX VII TABLE 2-DERIVATION

Showing where provisions of the Civil Statutes, the Water Code and the Code of Criminal Procedure were formerly covered in Vernon's Annotated Penal Code.

Vernon's Ann. Vernon's Ann. Clv.St.Article P .C.Article · C.C.P.Article P.C.Artlcle 17.A..02(a) ______698c § 8 4667 ------634 698d § 7 17A.03 ______698c § 9 Water Vernon's Ann. 698d § 8 Code Section P .C.Article 17A.04 ______698c § 10 21.551 698d § 9 to 17A.06 ______698c § 11 21.564 ______698c 698d § 10 17A.07 ______698c § 12 Vernon's Ann. 698d § 11 C.C.P.Article P.C.Article Ch. 18 ------633 13.16 ------603 18.18 ______636 to 638 14.03 ------609 803 38.11 ------605

XXVIII TABLE 3 Disposition of U nrepealed Articles of the Texas Penal Code of 1925 and Vernon's Texas Penal Code

Pursuant to the authority granted by Section 5 of Chapter 399, .Acts of the 63rd Legislature, the Texas Legislative Council has compiled the following table showing the new official citations of unrepealed articles of the 1925 Texas Penal Code and the new classifications of unrepealed statutes compiled as articles of Vernon's Texas Penal Code. Unless otherwise indicated, the new citations or classifications are to the Civil Statutes of Texas. Footnotes have been dropped where the Council felt explanatory comments might be helpful.

DISPOSITION TABLE

Former Penal Code New Article Former New Artlcle Number Number Penal Code Electlon Electlon 107e ------1 Artlcle Code Code Artlcle 108a ______630c, § 1 Number Section Number 108b ______630c, § 2 205a ______303 ______15.03 a 108c ______630c, § 3 206_ ----- ' -- -- _311 ------__ 15.11 108d ______630c, § 4 207 _ ------_312 ------_15.12 131a ______Tax.-Gen. 3.12 208_ ------__ 313 ------_15.13 131c---1, § 16-a ______2 209_ ------_314 ------_15.14 § 19 ------3 210_ ------_315 ------_15.15 § 25 ------4 212_ ------_316 ------_15.16 212a ______- ______15.16a § 26 ------213 ______317 ______15.17 § 26a ------& 215 ______321 ______15.21 § 27 ------5 §§ 28, 29. ------7 216_ ------_322 ------_15.22 141e ______Tax.-Gen. 12.10.A 217 ------_323 ------_15.23 141f ______7164b 218_ ------_324 ------_15.24 142a ------~------5421r 219_ ------______325 ------____ 15.25 146a ______6252-21 220 ______326 ______15.26 147d, §§ 1, 3 ______6252-22 221_ ------_327 ------__ 15.27 167a ______5428b 222 ______328 ______15.28 183-2 ______6252-23 223 ______329 ______15.29 225_ ------_330 ------_15.30 Former New 226_ ------_331 ------_15.31 Penal Code Election Election 227 ------_332 ------_15.32 Artlcle Code Code Article 228 ______333 ______15.33 Number Section Number 229 ______334 ______15.34 200a-1______301 ______15.018 230 ______335 ______15.35 200a-3 ______302 __ . ______15.028 231 ______336 ______15.36

1 This article was repealed by Acts 1951, 52nd Leg., ·p. 362, ch. 228, f 1. •Repealed; see, now, V.A. T.S. Tax.-Gen. arts. 7.25, 7.26. 3 Repealed; see, now, V.A.T.S. Tax.-Gen. art. 7.29. •Repealed; see, now, V.A. T.S. Tax.-Gen. art. 7.:IB. •Repealed; see, now, V.A.T.S. Tax.-Gen. art. 7.37. •Expired. 7 Repealed; see, now, V.A.T.S. Tax.-Gen. art. 7.38_ 8 This article was probably impliedly repealed by Acts 1966, 59th Leg., 1st C.S., p. 1, ch. 1, § 4 (the voter registration law of 1966).

WTSC Penal XXIX TABLE 3-DISPOSITION OF UNREPEALED ARTICLES

Former New Former Penal Code New Article Penal Code Electlon Electlon Article Number Number Artlcle Code Code Artlcle 568 ______548e Number Section Number 564 ______548f 231a______l5.36a 566 ______548g 23lb __ ------_15.36b 568 ------_21.02-1 · 232_ ------_341 ------_15.41 569 ------__ 21.02-2 233_ ------_342 ------_15.42 570 ------_21.02-3 234 __ ------__ 343 ------_15.43 570a ______21.07A 9 235_ ------_344 ------_15.44 570b ------_21.15-1 236 ______345 ______15.45 571 ______21.51 237 ______346 ______15.46 571a ------_5.12-1 238_ ------_347 ------_15.47 572 ------_21.15-2 239_ ------_348 ------_15.48 573 ------_21.15-3 240 ______349 ------_15.49 574 ------__ 21.15-4 241_ ___ ------_350 ------___ 15.50 575 ------___ 3.56-1 576 ______21.15-5 242_ ------__ 351 ------_15.51 243 ______352 ______15.52 577 ______3.67-1 244___ ------_361 ------__ 15.61 578 ------_21.21A 245_ ------_362 ------_15.62 579 ------_19.10-1 246_ ------__ 368 ------__ 15.68 580 ------_5.68--1 246a ______- ______15.68a 580a ______14.37-1 247 __ ------_864 ------_15.64 580b ------___ 21.21B 248 ______365 ______15.65 581 ------_10.41 249 ______866 ______15.66 582 ______10.42 250_ ------__ 367 ------_15.67 583 ------_10.43 584 ______10.44 259_ ------_871 - - - ~ ------_15.71 260_ ------__ 372 ------_15.72 585 ------_10.45 586 ------_11.18-1 588 ------_14.56-1 589 ------_15.19-1 590 ------_15.19-2 591 ------_18.01-1 Former Penal Code New Article · 592 ------______18.08-1 Article Number Number 286a ______9001 593 ------_18.11-1 594 ------_18.16-1 853c ______6184In 595 ------__ 18.22-1 380a ______6252-24 596 ______5.41-1 383a ______2558a, § 15 597 ------___ 5.48--1 414a ______4388a 597a ______5.43-1 414b ______689a-21 598 ------_5.48--2 422b ______4413a-24 601 ------" --- - _15.20-1 427b ______974a, § 7 602 ------10 427c--1 ______6674s, § 19 · 602-A ------10 431 ______1302-5.05, § B 602-B ------10 432 5996a · 606a ______695a, §§ 6, 7 to to 614-1 8501-1 438 ______5996g to to 454h ______9002 614-17c ______8501-17c 454i ______9003 656 8651 531 ------4590.1 to to 534 ______~ 2338--la 664 ______8659 534a ______2338--lb 6ag_:..i 561 ______.______548c ·to 562 ______548d 667-33 ------11

•This article was probably superseded and impliedly repealed by Insurance Code, art. 21.07, § 12. 10 See V.T.C.A. Penal Code, § 25.05 note. ' 11 These articles were repealed by § 2 of Acts 1977, 65th Leg., p, 557, ch. 194, enacting the Alco­ holic Beverage Code as a unit of the Texas Legislative Council's statutory revision program (see V.A.C.S. art. 5429b-1).

xxx TABLE 3-DISPOSITION OF UNREPEALED ARTICLES

Former Penal Code New Artlcle Former Penal Code New Artlcle Artlcle Number Number Artlcle Number Number 696a · ______6674v-2 758a ______4542a, § 21 696a-1 ______4477-9 763 4457a 698d, §§ 1 to 6 to to §§ 13, 14 ______4477-5b 772 ______4457j 700b ______4476-9 773 ______4505a 701a ______4442a, § 7 774 ______4505b 775 ______4505c 704 ------4445, § 10 705b-l ______912a-26a 778 ______4567b 705d ______4476-10 779 ______4567c 713a ______4474a 780 ______4567d 719 ______4476-la 781 ______4477b 719a ______118c 781a ______4477c 719b ______l18a, § 20 782 ______4477d 719~1 ______ll8b-1 782a ______4420b 719e ______4476-3a 782b ______4420a 725e ______4476-11 782c ______4447p 725f ______4476-15 782d ------" ------4447 q 726-2 ______4476-12· 784a-1 ______6701d-4, § 1 726-3 ______4476-13 784a-2 ______§ 2 726d, §§ 1 to 6 784a-3 ______§ 3 §§ 8 to 15A ______4476-14 787 ------6701d-5 727 ------·· ------_4476-16 788 ______6701d-6 728 8401 792 ------_670ld-7 lZ to to 799a ______6687-12 734a ______8407a 802 ______6701l-l 734c ______8451a 802b ______6701l-2 739 ------4498.1 802d ______6701l-3 740 ______4504a 802e ______6701l-4 741 ______4510a 802f ______6701!-5 742 ______4510b 803a ______6701d-8 742-a ______4590c, § 17 803b ______6701d-9 742-b ______4590c, § 18 804 ______6675b-1 742-c ______4590c, § 19 805 ______6675b-2 743 ______4498a, § 2 806 ------6675b-3 . 744 ______4501a 806a ______6687-11 744-a ______4590c, § 20 807a, § 14f ______6675a-16a 744-b ______4590c, § 21. 807b ______6675a-3e 745 ______4499.1 808 ______6675b-4 746 ______4441a 809 ______6675b-5 747 ______4548a 811 ______6675b-6 748 ______4548b 812 ______6675b-7 749 ______4546a 821 ______6701lll-1 750 ______4548c 821a ______6701lll-2 751 ______4548d 826 ______6701d-10 751a ____ .. ______4551h 827 ______4008b 752 ______4548c 827a ______6701d-11 752a ______4548f 827a-2 6701d-12 752b ______4548g to. to. 827a-8 ______6701d-18 752c ______4548h 827aa ______2372a-2 753 ______4551b-1 827b ______6675a-6e 754 ______4548i 827c ______6701d-19 754a ______· ______4551a-1 827~1 ______118b-2 754b ______4548j 827d ______911j 754c ______4551g-1 827e ______6701d-20 13

" This article was probably impliedly repealed by virtue of the express repeal of arts. 790 and 791, to which it refers. 13 This article was probably impliedly repealed. by the Uniform Act Regulating Traffic on High- ways (V.A.C.S., art. 6701d). ' - ' -

XXXI TABLE 3_.:..DISPOSITION OF UNREPEALED ARTICLES

Former Penal Code New Artlcle Former Penal Code New Article Article Number Number Article Number Number 827f ______6701d-21 1084 ______2485a 827g ______6701d-22 1085 ______2486a 833 ______66740-l 1086 ______2489a 836 ______67llb 1087 ______2490a 837 ______6712a· 1088 ______2495a 1089 ______2496a 854853 ------______6799a14 1090 ______2497a 855 ______6799b 1091 ______2498a 861a ______678e--1 1092 ______2499a 86lb. ______678f-1 1093 ______2499b 863 ______678e--2 1101 8601 865 3954--1 ~ ~ to to 1106 ______8606 868 ______3954:--4 1107 8607 869 ______3972.1 to to 870 ______3972.2 1111 ______8611 871 lllla-1 ______6032d to llllc ______6049! 1111~1 ______9201 1027978n-2 ______------·------5679a-l1615 1112 ______9004 1027 a ______5679a, §§ 9, 10 1112b ------··------_6049g 1028 ______5679d 1116 ______9005 1029 ______5679e 1117 a ______Ins. Code 15.21 1031 ______5679f 1122 ______9006 1032 ______5679g 1124 ______.. ______5195a 1033 ______5679h 1125 ______1275a 1034 ______74a 1125a ______1287 a, §§ 9 to 12 1035 ______5722a 1131 ______700a 1036 ______5727a 1137 ______1528h 1037 ______5726a 1137b ______46f-2 1038 ______5726b 1137b--1 ______46f-3 1039 ______5726c 1137e--2 ______1446b 1040 ______5726d 1137h ______6626c 1042b ______5733a 1137i-1 - - - . ------_9007 1043 ______5736--117 1137k ______9008 1046 ______llOa 1137l-10 ______9009 1047 ______5680a 1137n ______9010 1048 ______5696a 11370 ______6573b 1049 ______5698a 1137q ______9011 1052 ______5693a 1137r ______9012 1054 ______1440a 1167a ______'______9013 1055 ______5707a 1176a ______6252-25 1057 a ______1124a, § 5 1191 4512.1 1057b ______5736b to to 1057c ______5736c 1196 ______4512.6 1057d ______5714 1333A ______9206a 1s 1067 ------_5924.1 1334a ______1432a 1068 ______5925a 1351a ______6942a 1069 ______5927a 1369 ______6946a 1070 ______5927b 1370 ______6946b

14 V.A.T.S. Water Auxiliary Laws, art. 7849a. 25 These articles were repealed by § 2(a) (1). of Acts 1975, 64th Leg., p. 1804, ch. 545, enacting the Parks and Wildlife Code as a unit of the Texas Legislative Council's statutory revision program (see V.A.C.S. art. 5429b-1). 18 This article was probably impliedly repealed by Acts 1931, 42nd Leg., ch. 68 (V.A.C.S. art. 5679a). The penal provisions of Chapter 68 were originally designated as art. 1027a, V.T.P.C., but have now been incorporated In V.A.C.S. art. 5679a. 17 This article was probably impliedly repealed when art. 1042, Penal Code of Texas, 1925, to which it is an exception, was repealed by Acts 1973, 63rd Leg., ch. 399, § 3 (adopting the new Penal Code). 18 This article was probably impliedly repealed by V.T.P.C., art. 1722a, § 24(d) ; see, now, V.T.C.S., art. 9206, § 24(d).

XX XII TABLE 3-DISPOSITION OF UNREPEALED ARTICLES

Former Penal Code New Artlcle Former Penal Code New Artlcle Artlcle Number Number Artlcle Number Number 1370a ______6971a 1502 ______1286b 1371 ______192---2 1503 ______1285a 1371a ______192-3 1505 ------7009b 19 1378a ______192b, §§ 11 to 13 1505a ______7014c 1384a ______6143.1 1505b ______7014d 1385 ______736la 1512 7014e--2 1386 ______7362a to to 1387 ______7363.1 1515 ______7014e--5 1388 ______7363b 1518 7014f-2 1430a ______9014 to to 1432 6687~3 1521 ______7014f-5 to to 1522 ______7014b 1435 ______6687-6 1523 7014f~6 1435a ------~------6687~8 to to 1436 ______6687-7 1525 ______7014f~8 1436--1 ______6687-1 1525a ______7014e--1 1436~2 ______6687-2 1525b ______7014f-1 1436--3 ______6687-9 1525b~1 7014!~9 1436a ______9015 to to 1436d ______6687-10 1525b~3 ______7014f-11 1444a ______6983b 1525c ______7014g-1 1446 ______6905a 1525d 7014£-12 1447 ______6908f-i t<> to 1448 ______6908f-2 1525f ______7014f-14 1449 ______6904a 1525g ______7014g~2 1450 ______6908b 1533 ______564a 1451 ______6908a 1546b ______9016 1452 ______6908c 1552 ______4596b 1453 ______6908g 1553 ______4596c 1454 ______6908d 1555a ______67 a, § 6 1455 ______6909a 1561 ______5145a 1456 ______6910a 1562 ______5150a 1456a ______6908e 1563 ______5147a 1457 ______6907a 1564 ______5151b 1460 ______6890a 1565 ______5148a 1461 ------6890b 1566 ______5151c 1567 ______5178a 14721471 ______------~-----6985a 6978a 1568 ______5179a_ 1473 ______6978b 1573 5181a 1474 ______6978c to to 1475 ______6978d 1578b ______5181h 1476 ______6998a 1579 5165.1 1477 ______6987a to to 1478 ______6990a 1581 ------5165.3 1479 ______6990b 1581a ______5159a, §§ 5, 6 1480 ______6986a 1582 ______5182-1 1481 ______6983a 1583a ______12690 1482 ______6984a 1583b ______COP 1041b 1483 ______6984b 1583~1 ______1269p 1484 ______6997a 1583-2 ______1269q 1485 ______6890c 1583-3 ______1269r 1486 ______6898a 1594 ______5901b 1487 ______6990c 1595 ______5901a 1488 ______700~2 1499 ______1281a 15961597 ______------~------5904a 5906a 1500 ______l282a 1598 ______5907a 1501 ______1286a 1599 ______5908a

19 This article was probably impliedly repealed _by Acts 1959, 56th Leg., ch. 192 (V.A.C.S. art. 7009a).

WTSC Penal-2 XX XIII TABLE 3-DISPOSITION OF UNREPEALED ARTICLES

Former Penal Code New Article Former Penal Code New Article Article Number Number Article Number Number 1600 ______5905a 1658a ______4015e 1601 ______5909a 1661 ______4015f 1602 ______5910a 1661a ______6145c 1603 ______5911a 1662 6559h-1 1604 ______5912a to to 1605 ______5913a 1672 ______6559h-11 1606 ______5914a 1684 6559i-1 1607 ·______: ______5914b to to 1608 ______·_____ 5915a 1690 ______6559i-7 1609 ______5917a 1690a ______9lla, § 14 1610 ______5918a 1690b ------_9llb, § 16 1611 ______5919a 1612 ______5920a 1690e1690d ______------9llh20 1613 ______5196a 1690f ______9111 1614 ______5196b 1691 ______123a 1615 ______520la 1692 ______126a 1616 5196c 1693 ______127a to to 1694 ______127b 1620 ______5196g 1695 ______119a 1621 ______5205a 1696 ______129a 1630 ______6057a 1697 ______126b 1631 ______6057b 1631a ______6020b 16991698 ______------_135.1 127c 1645 178a 1700 ______127d to to 1700a-1 ______135a-1, § 9 1648 ______178d 1700a-2 ______118b-3 1648a ______9017 1700a-3 ______118b, §· 21 1649 ______6559g-1 1701 93d-l 21 1650 ______6559g-2 to to 1651 ______4005a 1708 ______93d-8 1652 ______4006a 1720a ______695c-3 1653 ______4006b 1721 ______9202 1654 ______4013a 1721A " ______9203 1655 4015a 1722 ______9204 to to 1722a ______9206 1658 ______4015d 1725 ______9205

Submitted by ROBERT E. FREEMAN Revisor of Statutes Texas Legislative Council Austin, Texas October, 1973

20 Deleted; identical to V.A.C.S. art. 91ld, § 15. 21 These articles. were probably impliedly repealed by Acts 1929, 41st Leg., ch. 304; see, now, V.A.C.S. art. 93b, the Texas Seed Law.

XXXIV PENAL CODE

Title Chapter TITLE 6. OFFENSES AGAINST THE FAMILY, 1. Introductory Provisions ...... 1 Chapter Section 2. General Principles of Criminal Responsibility ...... 6 25. Offenses Against the Family ...... 25.01 3. Punishments ...... 12 4. Inchoate Of!enses ...... 15 5. Offenses Against the Person ...... 19 6. Offenses Against the Family ...... 25 7. Offenses Against Property ...... 28 TITLE 7. OFFENSES AGAINST PROPERTY 8. Offenses Against Public Administration ...... 36 28. Arson, Criminal Mischief, and Other Property 9. Offenses Against Public Order and Decency ...... 42 Damage or Destruction ...... 28.01 10. Offenses Against Public Health, Safety, and 29. Robbery ...... 29.01 Morals ...... 46 30. Burglary and Criminal Trespass ...... 30.01 31. Theft ...... 31.01 32. Fraud ...... 32.01 TITLE 1. INTRODUCTORY PROVISIONS Chapter Section 1. General Provisions ...... , ...... 1.01 TITLE 8. OFFENSES AGAINST PUBLIC 2. Burden of Proof ...... 2.01 ADMINISTRATION 3. Multiple Prosecutions ...... 3.01 36. Bribery and Corrupt Influence ...... 36.01 37. Perjury and Other Falsification ...... 37.01 38. Obstructing Governmental Operation ...... 38.01 TITLE 2. GENERAL PRINCIPLES OF 39. Abuse of Office ...... 39.01 CRIMINAL RESPONSIBILITY 6. Culpability Generally ...... 6.01 7. Criminal Responsibility for Conduct of TITLE 9. OFFENSES AGAINST PUBLIC Another ...... 7.01 ORDER AND DECENCY 8. General Defenses to Criminal Responsibility .... 8.01 9. Justification Excluding Criminal 42. Disorderly Conduct and Related Offenses ..... 42.01 Responsibility ...... 9.01 43. Public Indecency ...... 43.01

TITLE 3. PUNISHMENTS TITLE 10. OFFENSES AGAINST PUBLIC 12. Punishments ...... 12.01 HEALTH, SAFETY, AND MORALS 46. Weapons ...... 46.01 47. Gambling ...... 47.01 48. Conduct Affecting Public Health ...... 48.01 TITLE 4. INCHOATE OFFENSES 15. Preparatory Offenses ...... 15.01 16. Criminal Instruments and Interception of Wire or Oral Communication ...... 16.01 TITLE 11. ORGANIZED CRIME 71. Organized Crime ...... 71.01 Enactment TITLE 5. OFFENSES AGAINST THE PERSON Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, enacted 19. Criminal Homicide ...... 19.01 the new Texas Penal Code, effective January 1, 20. Kidnapping and False Imprisonment ...... 20.01 1974. Section 2 thereof made various conforming 21. Sexual Offenses ...... 21.01 amendments in the Texas Civil Statutes and 22. Assaultive Offenses ...... 22.01 Codes and § 3 repealed articles of the Texas Penal 1 § 1.01 PENAL CODE 2 Code of 1925 and Vernon s Texas Penal Code, as that does not constitute an offense under this Act, amended. the action is dismissed on the effective date of this Sections 4 to 7 of the 1973 Act provided: Act. However, a conviction existing on the effec­ "Sec. 4. Effective date. This Act takes effect tive date of this Act for conduct constituting an on January 1, 1974. offense under laws repealed by this Act is valid "Sec. 5. Disposition of unrepeated articles. 1 and unaffected by this Act. For purposes of this (a) The purpose of this section is to provide for section, "conviction" means a finding of guilt in transfer of articles of the Penal Code of Texas, a court of competent jurisdiction, and it is of no 1925, which are not repealed by this Act to the consequence that the conviction is not final. civil statutes or other appropriate places within "(c) In a criminal action pending on or com­ the framework of Texas statute law, without reen­ menced on or after the effective date of this Act, actment and without altering the meaning or for an offense committed before the effective date, effect of the unrepeated articles, so that when this the defendant, if adjudged guilty, shall be assessed Act takes effect there will be only one Texas Penal punishment under this Act if he so elects by Code without the confusion that would result if written motion filed with the trial court before remnants of the old Penal Code were allowed to the sentencing hearing begins. continue to exist in that form in the statute "Sec. 7. Severability. If any provision of this books. Act or the application thereof to any person or "(b) In order to carry out the purpose of this circumstance is held invalid, such invalidity shall section, the Texas Legislative Council shall pre­ not affect other provisions or applications of the pare and submit to the secretary of state, for Act which can be given effect without the invalid publication with the Acts of the 63rd Legislature, provision or application, and to this end the Regular Session, 1973, an appendix listing the provisions of this Act are declared to be severa­ unrepeated articles of the Penal Code of Texas, ble." 1925, as amended, and prescribing for each un­ 1 See Table 2 Disposition of Unrepealed Articles of the Texas repeated title, chapter, or article a new official Penal Code of 1925 and Vernon's Texas Penal Code, preceding this citation. The council may include in. the appen­ Code. dix any comments that may be helpful to users of the statute books. TITLE 1. INTRODUCTORY PROVISIONS "(c) In order that the five-volume Vernon's Tex­ as Penal Code Annotated may be completely re­ CHAPTER 1. GENERAL PROVISIONS placed, the council in the appendix authorized by Sec. Subsection (b) of this section may also recom­ 1.01. Short Title. mend transfer and reclassification of statutes 1.02. Objectives of Code. which were not enacted as part of the Penal Code 1.03. Effect of Code. of Texas, 1925, but were compiled as articles of 1.04. Territorial Jurisdiction. Vernon's Texas Penal Code. 1.05. Construction of Code. "(d) Nothing in this section or done under its 1.06. Computation of Age. authority alters the meaning or effect of any 1.07. Definitions. statute of this state. 1.08. Preemption. "Sec. 6. Saving provisions. (a) Except as pro­ § 1.01. Short Title vided in Subsections (b) and (c) of this section, this Act applies only to offenses committed on or This code shall be known and may be cited as the after its effective date, and a criminal action for Penal Code. an offense committed before this Act's effective [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, date is governed by the law existing before the 1974.] • effective date, which law is continued in effect for this purpose, as if this Act were not in force. For § 1.02. Objectives of Code purposes of this section, an offense is committed Tlie general purposes of this code are to establish on or after· the effective date of this Act if any a system of prohibitions, penalties, and correctional element of the offense occurs on or after the measures to deal with conduct that unjustifiably effective date. and inexcusably causes or threatens harm to those "(b) Conduct constituting an offense under ex­ individual or public interests for which state protec­ isting law that is repealed by this Act and that tion is appropriate. To this end, the provisions of does not constitute an offense under this Act may this code are intended, and shall be construed, to not be prosecuted after the effective date of this achieve the following objectives: Act. If, on the effective date of this Act, a crimi­ (1) to insure the public safety through: nal action is pending for conduct that was an (A) the deterrent influence of the penalties offense under the laws repealed by this Act and hereinafter provided; 3 INTRODUCTORY PROVISIONS § 1.07

(B) the rehabilitation of those convicted of (4) the conduct inside this state constitutes an violations of this code; and attempt, solicitation, or conspiracy to commit, or (C) such punishment as may be necessary to establishes criminal responsibility for the commis­ prevent likely recurrence of criminal behavior; sion of, an offense in another jurisdiction that is (2) by definition and grading of offenses to also an offense under the laws of this state. give fair warning of what is prohibited and of the (b) If the offense is criminal homicide, a "result" consequences of violation; is either the physical impact causing death or the (3) to prescribe penalties that are proportionate death itself. If the body of a criminal homicide to the seriousness of offenses and that permit victim is found in this state, it is presumed that the recognition of differences in rehabilitation possi­ death occurred in this state. If death alone is the bilities among individual offenders; basis for jurisdiction, it is a defense to the exercise (4) to safeguard conduct that is without guilt of jurisdiction by this state that the conduct that from condemnation as criminal; constitutes the offense is not made criminal in the (5) to guide and limit the exercise of official jurisdiction where the conduct occurred. discretion in law enforcement to prevent arbitrary (c) An offense based on an omission to perform a or oppressive treatment of persons accused or duty imposed on an actor by a statute of this state convicted of offenses; and is committed inside this state regardless of the (6) to define the scope of state interest in law location of the actor at the time of the offense. enforcement against specific offenses and to (d) This state includes the land and water (and systematize the exercise of state criminal jurisdic­ the air space above the land and water) over which tion. this state has power to define offenses. 1973, 63rd 883, 399, § 1, 1, [Acts Leg., p. ch. eff. Jan. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] 1974.] § 1.03. Effect of Code § 1.05. Construction of Code (a) Conduct does not constitute an offense unless (a) The rule that a penal statute is to be strictly it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, construed does not apply to this code. The provi­ or rule authorized by and lawfully adopted under a sions of this code shall be construed according to the fair import of their terms, to promote justice statute. and effect the objectives of the code. (b) The provisions of Titles 1, 2, and 3 of this code apply to offenses defined by other laws, unless the (b) Unless a different construction is required by statute defining the offense provides otherwise; the context, Sections 2.01, 2.02, 2.04, 2.05, and 3.01 however, the punishment affixed to an offense through 3.12 of the Code Construction Act (Article defined outside this code shall be applicable unless 5429b-2, Vernon's Texas Civil Statutes) apply to the the punishment is classified in accordance with this construction of this code. code. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (c) This code does not bar, suspend, or otherwise 1974.] affect a right or liability to damages, penalty, forfei­ § 1:06. Computation of Age ture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this A person attains a specified age on the day of the code defines as an offense, and the civil injury is not anniversary of his birthdate. merged in the offense. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, [Acts 1973, 63rd Leg., p. 883, ch. 399, § l, eff. Jan. 1, 1974.] 1974.] § 1.07. Definitions § 1.04. Territorial Jurisdiction (a) In this code: (a) This state has jurisdiction over an offense that (1) "Act" means a bodily movement, whether a person commits by his own conduct or the conduct .voluntary or involuntary, and includes speech. of another for which he is criminally responsible if: (2) "Suspect" means a person whose criminal (1) either the conduct or a result that is an responsibility is in issue in a criminal action. element of the offense occurs inside this state; Whenever the term "actor" is used in this code, it (2) the conduct outside this state constitutes an means "suspect." attempt to commit an offense inside this state; (3) "Agency" includes authority, board, bureau, (3) the conduct outside this state constitutes a commission, committee, council, department, dis­ conspiracy to commit an offense inside this state, trict, division, and office. and an act in furtherance of the conspiracy occurs (4) "Another" means a person other than the inside this state; or actor. § 1.07 PENAL CODE 4 (5) "Association" means a government or gov­ (18) "Intentional" is defined in Section 6.03 of ernmental subdivision or agency, trust, partner­ this code (Culpable Mental States). ship, or two or more persons having a joint or (19) "Knowing" is defined in Section 6.03 of common economic interest. this code (Culpable Mental States). (6) "Benefit" means anything reasonably re­ (20) "Law" means the constitution or a statute garded as economic gain or advantage, including of this state or of the United States, a written benefit to any other person in whose welfare the opinion of a court of record, a municipal ordi­ beneficiary is interested. nance, an order of a county commissioners court, (7) "Bodily injury" means physical pain, illness, or a rule authorized by and lawfully adopted or any impairment of physical condition. under a statute. (8) "Conduct" means an act or omission and its (21) "Misdemeanor" means an offense so desig­ accompanying mental state. nated by law or punishable by fine, by confine­ ment in jail, or by both fine and confinement in (9) "Consent" means assent in fact, whether jail. express or apparent. (22) "Oath" includes affirmation. (9.1) "Corporation" includes nonprofit corpora­ (23) "Omission" means failure to act. tions, professional associations created pursuant (24) "Owner" means a person who has title to to statute, and joint stock companies. the property, possession of the property, whether (10) "Criminal negligence" is defined in Section lawful or not, or a greater right to possession of 6.03 of this code (Culpable Mental States). the property than the actor. (11) "Deadly weapon" means: (25) "Peace officer" means a person so desig­ (A) a firearm or anything manifestly de­ nated by the Code of Criminal Procedure, 1965. signed, made, or adapted for the purpose of (26) "Penal institution" means a place designat­ inflicting death or serious bodily injury; or ed by Jaw for confinement of persons arrested (B) anything that in the manner of its use or for, charged with, or convicted of an offense. intended use is capable of causing death or (27) "Person" means an individual, corporation, serious bodily injury. or association. (12) "Effective consent" includes consent by a (28) "Possession" means actual care, custody, person legally authorized to act for the owner. control, or management. Consent is not effective if: (29) "Public place" means any place to which (A) induced by force, threat, or fraud; the public or a substantial group of the public has (B) given by a person the actor knows is not access and includes, but is not limited to, streets, legally authorized to act for the owner; highways, and the common areas of schools, hos­ (C) given by a person who by reason of pitals, apartment houses, office buildings, trans­ youth, mental disease or defect, or intoxication port facilities, and shops. is known by the actor to be unable to make (30) "Public servant" means a person elected, reasonable decisions; or selected, appointed, employed, or otherwise desig­ (D) given solely to detect the commission of nated as one of the following, even if he has not an offense. yet qualified for office or assumed his duties: (A) an officer, employee, or agent of govern­ (13) "Element of offense" means: ment; (A) the forbidden conduct; (B) a juror or grand juror; or (B) the required culpability; (C) an arbitrator, referee, or other person (C) any required result; and who is authorized by law or private written (D) the negation of any exception to the of­ agreement to hear or determine a cause or fense. controversy; or (14) "Felony" means an offense so designated (D) an attorney at law or notary public when by law or punishable by death or confinement in a participating in the performance of a govern­ penitentiary. mental function; or (15) "Government" means the state; a county, (E) a candidate for nomination or election to municipality, or political subdivision of the state; public office; or or any branch or agency of the state, a county, (F) a person who is performing a governmen­ municipality, or political subdivision. tal function under a claim of right although he (16) "Harm" means anything reasonably re­ is not legally qualified to do so. garded as loss, disadvantage, or injury, including (31) "Reasonable belief" means a belief that harm to another person in whose welfare the would be held by an ordinary and prudent man in person affected is interested. the same circumstances as the actor. (17) "Individual" means a human being who (32) "Reckless" is defined in Section 6.03 of has been born and is alive. this code (Culpable Mental States). 5 INTRODUCTORY PROVISIONS § 2.03

(33) "Rule" includes regulation. § I.OS. Preemption (34) "Serious bodily injury" means bodily injury No governmental subdivision or agency may en­ that creates a substantial risk of death or that act or enforce a law that makes any conduct cover­ causes death, serious permanent disfigurement, ed by this code an offense subject to a criminal or protracted loss or impairment of the function penalty. This section shall apply only as long as the of any bodily member or organ. law governing the conduct proscribed by this code is (35) "Swear" includes affirm. legally enforceable. (36) "Unlawful" means criminal or tortious or [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, both and includes what would be criminal or tor­ 1974.] tious but for a defense not amounting to justifica­ tion or privilege. CHAPTER 2. BURDEN OF PROOF Text of subdivision as added by Acts 1979, 66th Sec. Leg., p. 1113, ch. 530, § 1 2.01. Proof Beyond a Reasonable Doubt. (37) "Electric generating plant" means a facili­ 2.02. Exception. ty that generates electric energy for distribution 2.03. Defense. 2.04. Affirmative Defense. to the public. 2.05. Presumption. Text of subdivision as added by Acts 1979, 66th 2.06. Repealed. Leg., p. 1520, ch. 655, § 1 § 2.01. . Proof Beyond a Reasonable Doubt (37) "Participant in a court proceeding" means All persons are presumed to be innocent and no a judge, a prosecuting attorney or an assistant person may be convicted of an offense unless each prosecuting attorney who represents the state, a element of the offense is proved beyond a reasona­ grand juror, a party in a court proceeding, an ble doubt. The fact that he has been arrested, attorney representing a party, a witness, or a confined, or indicted for, or otherwise charged with, juror. the offense gives rise to no inference of guilt at his (38) "Electric utility substation" means a facili­ trial. ty used to switch or change voltage in connection with the transmission of electric energy for distri­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, bution to the public. 1974.] · (b) The definition of a term in this code applies to § 2.02. ExcepHon each grammatical variation of the term. (a) An exception to an offense in this code is so [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. labeled by the phrase: "It is an exception to the Amended by Acts 1975, 64th Leg., p. 912, ch. 342, § 1, eff. application of . " Sept. 1, 1975; Acts 1977, 65th Leg., p. 2123, ch. 848, § 1, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1113, ch. 530, (b) The prosecuting attorney must negate the ex­ § 1, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 1520, ch. istence of an exception in the accusation charging 655, § 1, eff. Sept. 1, 1979.] commission of the offense and prove beyond a rea­ Saving provisions. Section 17 of the 1975 Act provided: sonable doubt that the defendant or defendant's "(a) Except as provided in Subsections (b) and (c) of this section, conduct does not fall within the exception. this Act applies only to offenses committed on or after its effective date, and a criminal action for an offense committed before this (c) This section does not affect exceptions applica­ Act's effective date is governed by the law existing before the ble to offenses enacted prior to the effective date of effective date, which law is continued in effect for this purpose, as this code. if this Act were not in force. For purposes of this section, an offense is committed on or after the effective date of this Act if [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, any element of the offense occurs on or after the effective date. 1974.] "(b) Conduct constituting an offense under existing law that is repealed by this Act and that does not constitute an offense under § 2.03. Defense this Act may not be prosecuted after the effective date of this Act. (a) A defense to prosecution for an offense in this If, on the effective date of this Act, a criminal action is pending for. conduct that was an offense under the laws repealed by this Act code is so labeled by the phrase: "It is a defense to and that does not constitute an offense under this Act, the action is prosecution . " dismissed on the effective date of this Act. However, a conviction existing on the effective date of this Act for conduct constituting (b) The prosecuting attorney is not required to an offense under laws repealed by this Act is valid and unaffected negate the existence of a defense in the accusation by this Act. For purposes of this section1 "conviction" means a charging commission of the offense. finding of guilt in a court of competent jurisdiction, and it is of no consequence that the conviction is not final. (c) The issue of the existence of a defense is not "(c) In a criminal action pending on or commenced on or after submitted to the jury unless evidence is admitted the effective date of this Act, for an offense committed before the supporting the defense. effective date, the defendant, if adjudged guilty, shall be assessed punishment under this Act if he so elects by written motion filed · (d) If the issue of the existence of a defense is with the trial court before the sentencing hearing begins." submitted to the jury, the court shall charge that a § 2.03 PENAL CODE 6 reasonable doubt on the issue requires that the jury shall not consider the presumption for any defendant be acquitted. purpose. (e) A ground of defense in a penal law that is not [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. plainly labeled in accordance with this chapter has Amended by Acts 1975, 64th Leg., p. 912, ch. 342, § 2, eff. the procedural and evidentiary consequences of a Sept. 1, 1975.] defense. For saving provisions see n~te set out under Section 1.07. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, § 2.06. Repealed by Acts 1975, 64th Leg., p. 918, 1974.] ch. 342, § 16, eff. Sept. 1, 1975 For saving provisions see note set out under Section 1.07. § 2.04. Affirmative Defense CHAPTER 3. MULTIPLE PROSECUTIONS (a) An affirmative defense in this code is so la­ beled by the phrase: "It is an affirmative defense to Sec. prosecution . " 3.01. Definition. 3.02. Consolidation and Joinder of Prosecutions. (b) The prosecuting attorney is not required to 3.03. Sentences for Offenses Arising Out of Same Crimi­ negate the existence of an affirmative defense in nal Episode. the accusation charging commission of the offense. 3.04. Severance. (c) The issue of the existence of an affirmative § 3.01. Definition defense is not submitted to the jury unless evidence In this chapter, "criminal episode" means the is admitted supporting the defense. repeated commission of any one offense defined in (d) If the issue of the existence of an affirmative Title 7 of this code (Offenses Against Property).1 defense is submitted to the jury, the court shall [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, charge that the defendant must prove the affirma­ 1974.] tive defense by a preponderance of evidence. 1 Section 28.01 et seq.

[Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, § 3.02. Consolidation and Joinder of Prosecu­ 1974.] tions (a) A defendant may be prosecuted in a single § 2.05. Presumption criminal action for all offenses arising out of the When this code or another penal law establishes a same criminal episode. presumption with respect to any fact, it has the (b) When a single criminal action is based on following consequences: more than one charging instrument within the juris­ (1) if there is sufficient evidence of the facts diction of the trial court, the state shall file written that give rise to the presumption, the issue of the notice of the action not less than 30 days prior to existence of the presumed fact must be submitted the trial. to the jury, unless the court is satisfied that the (c) If a judgment of guilt is reversed, set aside, or evidence as a whole clearly precludes a finding vacated, and a new trial ordered, the state may not beyond a reasonable doubt of the presumed fact; prosecute in a single criminal action in the new trial and any offense not joined in the former prosecution (2) if the existence of the presumed fact is unless evidence to establish probable guilt for that submitted to the jury, the court shall charge the offense was not known to the appropriate prosecut­ jury, in terms of the presumption and the specific ing official at the time the first prosecution com­ element to which it applies, as follows: menced. (A) that the facts giving rise to the presump­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, tion must be proven beyond a reasonable doubt; 1974.] (B) that if such facts are proven beyond a reasonable doubt the jury may find that the § 3.03. Sentences for Offenses Arising Out of element of the offense sought to be presumed Same Criminal Episode exists, but it is not bound to so find; When the accused is found guilty of more than (C) that even though the jury may find the one offense arising out of the same criminal episode existence of S\lCh element, the state must prove prosecuted in a single criminal action, sentence for beyond a reasonable doubt each of the other each offense for which he has been found guilty elements of the offense charged; and shall be pronounced. Such sentences shall run con­ (D) if the jury has a reasonable doubt as to currently. the existence of a fact or facts giving rise to [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, the presumption, the presumption fails and the 1974.] 7 CRIMINAL RESPONSIBILITY § 6.04

§ 3.04. Severance (d) Culpable mental states are classified accord- . ing to relative degrees, from highest to lowest, as (a) Whenever two or more offenses have been consolidated or joined for trial under Section 3.02 of follows: this code, the defendant shall have a right to a (1) intentional; severance of the offenses. (2) knowing; (3) reckless; (b) In the event of severance under this section, the provisions of Section 3.03 of this code do not (4) criminal negligence. apply, and the court in its discretion may order the (e) Proof of a higher degree of culpability than sentences to run either concurrently or consecutive­ that charged constitutes proof of the culpability ly. charged. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] 1974.] § 6.03. Definitions of Culpable Mental States TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a CHAPTER 6. CULPABILITY GENERALLY result of his conduct when it is his conscious objec­ tive or desire to engage in the conduct or cause the Sec. result. 6.01. Requirement of Voluntary Act or Omission. 6.02. Requirement of Culpability. (b) A person acts knowingly, or with knowledge, 6.03. Definitions of Culpable Mental States. with respect to the nature of his conduct or to· 6.04. Causation: Conduct and Results. circumstances surrounding his conduct when he is aware· of the nature of his conduct or that the § 6.01. Requirement of Voluntary Act or Omis­ circumstances exist. A person acts knowingly, or sion with knowledge, with respect to a result of his (a) A person commits an offense only if he volun­ conduct when he is aware that his conduct is reason­ tarily engages in conduct, including an act, an omis­ ably certain to cause the result. sion, or possession. (c) A person acts recklessly, or is reckless, with (b) Possession is a voluntary act if the possessor respect to circumstances surrounding his conduct or knowingly obtains or receives the thing possessed the result of his conduct when he is aware of but or is aware of his control of the thing for a suffi­ consciously disregards a substantial and unjustifia­ cient time to permit him to terminate his control. ble risk that the circumstances exist or the result will occur. The risk must be of such a nature and (c) A person who omits to perform an act does degree that its disregard constitutes a gross devia­ not commit an offense unless a statute provides tion from the standard of care that an ordinary that the omission is an offense or otherwise pro­ person would exercise under all the circumstances vides that he has a duty to perform the act. as viewed from the actor's standpoint. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. (d) A person acts with criminal negligence, or is Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 3, eff. Sept. 1, 1975.] criminally negligent, with respect to circumstances For saving provisions see note set out under Section 1.07. surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and § 6.02. Requirement of Culpability unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature (a) Except as provided in Subsection (b) of this and degree that the failure to perceive it constitutes section, a person does not commit an offense unless a gross deviation from the standard of care that an he intentionally, knowingly, recklessly, or with crim­ ordinary person would exercise under all the cir­ inal negligence engages in conduct as the definition cumstances as viewed from the actor's standpoint. of the offense requires. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (b) If the definition of an offense does not pre­ 1974.] scribe a culpable mental state, a culpable mental state is nevertheless required unless the definition § 6.04. Causation: Conduct and Results plainly dispenses with any mental element. (a) A person is criminally responsible if the result (c) If the definition of an offense does not pre­ would not have occurred but for his conduct, operat­ scribe a culpable mental state, but one is neverthe­ ing either alone or concurrently with another cause, less required under Subsection (b) of this section, unless the concurrent cause was clearly sufficient intent, knowledge, or recklessness suffices to estab­ to produce the result and the conduct of the actor lish criminal responsibility. clearly insufficient. § 6.04 PENAL CODE 8 (b) A person is nevertheless criminally responsi­ (3) having a legal duty to prevent commission ble for causing a result if the only difference be­ of the offense and acting with intent to promote tween what actually occurred and what he desired, or assist its commission, he fails to make a rea­ contemplated, or risked is that: sonable effort to prevent commission of the of­ (1) a different offense was committed; or fense. (2) a different person or property was injured, (b) If, in the attempt to carry out a conspiracy to harmed, or otherwise affected. commit one felony, another felony is committed by [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, one of the conspirators, all conspirators are guilty 1974.] of the felony actually committed, though having no intent to commit it, if the offense was committed in CHAPTER 7. CRIMINAL RESPONSIBILITY furtherance of the unlawful purpose and was one FOR CONDUCT OF ANOTHER that should have been anticipated as a result of the carrying out of the conspiracy. SUBCHAPTER A. COMPLICITY [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, Sec. 1974.] 7.01. Parties to Offenses. 7.02. Criminal Responsibility for Conduct of Another. § 7.03. Defenses Excluded 7.03. Defenses Excluded. In a prosecution in which an actor's criminal SUBCHAPTER B. CORPORATIONS responsibility is based on the conduct of another, AND ASSOCIATIONS the actor may be convicted on proof of commission 7.21. Definitions. of the offense and that he was a party to its 7.22. Criminal Responsibility of Corporation or Associa­ commission, and it is no defense: tion. (1) that the actor belongs to a class of persons 7.23. Criminal Responsibility of Person for Conduc~ in Behalf of Corporation or Association. that by definition of the offense is legally incapa­ 7.24. Defense to Criminal Responsibility of Corporation ble of committing the offense in an individual or Association. capacity; or (2) that the person for whose conduct the actor SUBCHAPTER A. COMPLICITY is criminally responsible has been acquitted, has not been prosecuted or convicted, has been con­ § 7.01. Parties to Offenses victed of a different offense or of a different type or class of offense, or is immune from prosecu­ (a) A person is criminally responsible as a party tion. to an offense if the offense is committed by his own conduct, by the conduct of another for which he is [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, criminally responsible, or by both. 1974.] (b) Each party to an offense may be charged with [Sections 7.04 to 7.20 reserved for expansion] commission of the offense. (c) All traditional distinctions between accom­ SUBCHAPTER B. CORPORATIONS plices and principals are abolished by this section, AND ASSOCIATIONS and each party to an offense may be charged and convicted without alleging that he acted as a princi­ pal or accomplice. § 7.21. Definitions [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, In this subchapter: 1974.] (1) "Agent" means a director, officer, employ­ ee, or other person authorized to act in behalf of a § 7.02. Criminal Responsibility for Conduct of corporation or association. Another (2) "High managerial agent" means: (a) A person is criminally responsible for an of­ (A) a partner in a partnership; fense committed by the conduct of another if: (B) an officer of a corporation or association; (1) acting with the kind of culpability required (C) an agent of a corporation or association for the offense, he causes or aids an innocent or who has duties of such responsibility that his nonresponsible person to engage in conduct pro­ conduct reasonably may be assumed to rep­ hibited by the definition of the offense; resent the policy of the corporation or associa­ (2) acting with intent to promote or assist the tion. commission of the offense, he solicits, encour­ ages, directs, aids, or attempts to aid the other [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, person to commit the offense; or 1974.] 9 CRIMINAL RESPONSIBILITY § 8.03

§ 7.22. Criminal Responsibility of Corporation having supervisory responsibility over the subject or Association matter of the offense employed due diligence to (a) If conduct constituting an offense is per­ prevent its commission. formed by an agent acting in behalf of a corporation [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. or association and within the scope of his office or Amended by Acts 1975, 64th Leg., p. 913, ch. 341, § 5, eff. employment, the corporation or association is crimi­ Sept. 1, 1975.] nally responsible for an offense defined: For saving provisions see note set out under Section 1.07. (1) in this code where corporations and associa­ tions are made subject thereto; CHAPTER 8. GENERAL DEFENSES TO (2) by law other than this code in which a CRIMINAL RESPONSIBILITY legislative purpose to impose criminal responsibili­ Sec. ty on corporations or associations plainly appears; 8.01. Insanity. ·or 8.02. Mistake of Fact. (3) by law other than this code for which strict 8.03. Mistake of Law. liability is imposed, unless a legislative purpose 8.04. Intoxication. not to impose criminal responsibility on corpora­ 8.05. Duress. 8.06. Entrapment. tions or associations plainly appears. 8.07. Age Affecting Criminal Responsibility. (b) A corporation or association is criminally re­ sponsible for a felony offense only if its commission § 8.01. Insanity was authorized, requested, commanded, performed, (a) It is an affirmative defense to prosecution or recklessly tolerated by: that, at the time of the conduct charged, the actor, (1) a majority of the governing board acting in as a result of severe mental disease or defect, did behalf of the corporation or association; or not know that his conduct was wrong. (2) a high managerial agent acting in behalf of the corporation or association and within the (b) The term "mental disease or defect" does not scope of his office or employment. include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 4, eff. Sept. 1, 1975.] Amended by Acts 1983, 68th Leg., p. 2640, ch. 454, § 1, eff. Aug. 29, 1983.] For saving provisions see note set out under section 1.07. § § 7.23. Criminal Responsibility of Person for 8.02. Mistake of Fact Conduct in Behalf of Corporation or (a) It is a defense to prosecution that the actor Association through mistake formed a reasonable belief about a (a) An individual is criminally responsible for con­ matter of fact if his mistaken belief negated the duct that he performs in the name of or in behalf of kind of culpability required for commission of the a corporation or association to the same extent as if offense. the conduct were performed in his own name or (b) Although an actor's mistake of fact may con­ behalf. stitute a defense to the offense charged, he may (b) An agent having primary responsibility for nevertheless be convicted of any lesser included the discharge of a duty to act imposed by law on a offense of which he would be guilty if the fact were corporation or association is criminally responsible as he believed. for omission to discharge the duty to the same [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, extent as if the duty were imposed by law directly 1974.] on him. § 8.03. Mistake of Law (c) If an individual is convicted of conduct consti­ tuting an offense performed in the name of or on (a) It is no defense to prosecution that the actor behalf of a corporation or association, he is subject was ignorant of the provisions of any law after the to the sentence authorized by law for an individual law has taken effect. convicted of the offense. (b) It is an affirmative defense to prosecution [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, that the actor reasonably believed the conduct 1974.] charged did not constitute a crime and that he acted in reasonable reliance upon: § 7.24. Defense to Criminal Responsibility of (1) an official statement of the law contained in Corporation or Association a written order or grant of permission by an It is an affirmative defense to prosecution of a administrative agency charged by law with re­ corporation or association under Section 7.22(a)(l) or sponsibility for interpreting the law in question; (a)(2) of this code that the high managerial agent or § 8.03 PENAL CODE 10

(2) a written interpretation of the law contained § 8.06. Entrapment in an opinion of a court of record or made by a public official charged by law with responsibility (a) It is a defense to prosecution that the actor for interpreting the law in question. engaged in the conduct charged because he was induced to do so by a law enforcement agent using (c) Although an actor's mistake of law may con­ persuasion or other means likely to cause persons to stitute a defense to the offense charged, he may commit the offense. Conduct merely affording a nevertheless be convicted of a lesser included of­ person an opportunity to commit an offense does fense of which he would be guilty if the law were as not constitute entrapment. he believed. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (b) In this section "law enforcement agent" in­ 1974.] cludes personnel of the state and local law enforce­ ment agencies as well as of the United States and § 8.04. Intoxication any person acting in accordance with instructions (a) Voluntary intoxication does not constitute a from such agents. defense to the commission of crime. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (b) Evidence of temporary insanity caused by in­ 1974.] toxication may be introduced by the actor in mitiga­ tion of the penalty attached to the offense for which § 8.07. Age Affecting Criminal Responsibility he is being tried. (a) A person may not be prosecuted for or con­ (c) When temporary insanity is relied upon as a victed of any offense that he committed when defense and the evidence tends to show that such younger than 15 years of age except: insanity was caused by intoxication, the court shall (1) perjury and aggravated perjury when it ap­ charge the jury in accordance with the provisions of pears by proof that he had sufficient discretion to this section. understand the nature and obligation of an oath; (d) For purposes of this section "intoxication" (2) a violation of a penal statute cognizable means disturbance of mental or physical capacity under Chapter 302, Acts of the 55th Legislature, resulting from the introduction of any substance Regular Session, 1957, as amended,1 except con­ into the body. · duct which violates the laws of this state prohibit­ ing driving while intoxicated or under the influ­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] ence of intoxicating liquor (first or subsequent offense) or driving while under the influence of § 8.05. Duress any narcotic drug or of any other drug to a (a) It is an affirmative defense to prosecution degree which renders him incapable of safely that the actor engaged in the proscribed conduct driving a vehicle (first or subsequent offense); or because he was compelled to do so by threat of (3) a violation of a motor vehicle traffic ordi­ imminent death or serious bodily injury to himself nance of an incorporated city or town in this or another. state. (b) In a prosecution for an offense that does not (b) Unless the juvenile court waives jurisdiction constitute a felony, it is an affirmative defense to and certifies the individual for criminal prosecution, prosecution that the actor engaged in the proscribed ·a person may not be prosecuted for or convicted of conduct because he was compelled to do so by force any offense committed before reaching 17 years of or threat of force. age except: (1) perjury and aggravated perjury when it ap­ (c) Compulsion within the meaning of this section exists only if the force or threat of force would pears by proof that he had sufficient discretion to render a person of reasonable firmness incapable of understand the nature and obligation of an oath; resisting the pressure. (2) a violation of a penal statute cognizable under Chapter 302, Acts of the 55th Legislature, (d) The defense provided by this section is una­ Regular Session, 1957, as amended, except con­ vailable if the actor intentionally, knowingly, or duct which violates the laws of this state prohibit­ recklessly placed himself in a situation in which it ing driving while intoxicated or under the influ­ was probable that he would be subjected to compul­ ence of intoxicating liquor (first or subsequent sion. offense) or driving while under the influence of (e) It is no defense that a person acted at the any narcotic drug or of any other drug to a command or persuasion of his spouse, unless he degree which renders him incapable of safely acted under compulsion that would establish a de­ driving a vehicle (first or subsequent offense); or fense under this section. (3) a violation of a motor vehicle traffic ordi­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, nance of an incorporated city or town in this 1974.] state. 11 CRIMINAL RESPONSIBILITY § 9.05 (c) Unless the juvenile court waives jurisdiction SUBCHAPTER A. GENERAL PROVISIONS and certifies the individual for criminal prosecution, a person who has been alleged in a petition for an § 9.01. Definitions adjudication hearing to have engaged in delinquent In this chapter: conduct or conduct indicating a need for supervision (1) "Custody" means: may not be prosecuted for or convicted of any (A) under arrest by a peace officer; or offense alleged in the juvenile court petition or any offense within the knowledge of the juvenile court (B) under restraint by a public servant pursu­ judge as evidenced by anything in the record of the ant to an order of a court. juvenile court proceedings. (2) "Escape" means unauthorized departure from custody or failure to return to custody fol­ (d) No person may, in any case, be punished by lowing temporary leave for a specific purpose or death for an offense committed while he was young­ limited period, but does not include a violation of er than 17 years. conditions of probation or parole. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. (3) "Deadly force" means force that is intended Amended by Acts 1975, 64th Leg., p. 2158, ch. 693, § 24, or known by the actor to cause, or in the manner eff. Sept. 1, 1975.] of its use or intended use is capable of causing, 1 Civil Statutes, art. 67011-4. death or serious bodily injury. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, Acts 1975, 64th Leg., p. 912, ch. 342, § 16 and Acts 1975, 64th 1974.] Leg., p. 2159, ch. 693, § 26 repealed Penal Code (1925), art. 30, as amended by Acts 1973, 63rd Leg., p. 1484, ch. 544, § 2. § 9.02. Justification as a Defense For saving provisions, see note set out under Section 1.07. It is a defense to prosecution that the conduct in question is justified under this chapter. CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1m~ ·

SUBCHAPTER A. GENERAL PROVISIONS § 9.03. Confinement as Justifiable Force Sec. Confinement is justified when force is justified by 9.01. Definitions. this chapter if the actor takes reasonable measures 9.02. Justification as a Defense. to terminate the confinement as soon as he knows 9.03. Confinement as Justifiable Force. 9.04. Threats as Justifiable Force. he safely can unless the person confined has been 9.05. Reckless Injury of Innocent Third Person. arrested for an offense. 9.06. Civil Remedies Unaffected. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] SUBCHAPTER B. JUSTIFICATION GENERALLY 9.21. Public Duty. § 9.04. Threats as Justifiable Force 9.22. Necessity. The threat of force is justified when the use of force is justified by this chapter. For purposes of SUBCHAPTER C. PROTECTION OF PERSONS this section, a threat to cause death or serious 9.31. Self-Defense. bodily injury by the production of a weapon or 9.32. Deadly Force in Defense of Person. otherwise, as long as the actor's purpose is limited 9.33. Defense of Third Person. to creating an apprehension that he will use deadly 9.34. Protection of Life or Health. force if necessary, does not constitute the use of deadly force. SUBCHAPTER D. PROTECTION OF PROPERTY [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 9.41. Protection of One's Own Property. 1974.] 9.42. Deadly Force to Protect Property. 9.43. Protection of Third Person's Property. § 9.05. Reckless Injury of Innocent Third Person 9.44. Use of Device to Protect Property. Even though an actor is justified under this chap­ SUB CHAPTER E. LAW ENFORCEMENT ter in threatening or using force or deadly force 9.51. Arrest and Search. against another, if in doing so he also recklessly 9.52. Prevention of Escape from Custody. injures or kills an innocent third person, the justifi­ cation afforded by this chapter is unavailable in a SUBCHAPTER F. SPECIAL RELATIONSHIPS prosecution for the reckless injury or killing of the 9.61. Parent-Child. innocent third person. 9.62. Educator-Student. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 9.63. Guardian-Incompetent. 1974.] § 9.06 PENAL CODE 12

§ 9.06. Civil Remedies Unaffected (3) a legislative purpose to exclude the justifica­ The fact that conduct is justified under this chap­ tion claimed for the conduct does not otherwise ter does not abolish or impair any remedy for the plainly appear. conduct that is available in a civil suit. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] [Acts 1973, 63rd Leg., p. 883, ch.· 399, § 1, eff. Jan. 1, 1974.] [Sections 9.23 to 9.30 reserved for expansion] [Sections 9.07 to 9.20 reserved for expansion] SUBCHAPTER C. PROTECTION OF PERSONS

SUBCHAPTER B. JUSTIFICATION § 9.31. Self-Defense GENERALLY (a) Except as provided in Subsection (b) of this § 9.21. Public Duty· section, a person is justified in using force against another when and to the degree he reasonably be­ (a) Except as qualified by Subsections (b) and (c) lieves the force is immediately necessary to protect of this section, conduct is justified if the actor himself against the other's use or attempted use of reasonably believes the conduct is required or au­ unlawful force. thorized by law, by the judgment or order of a competent court or other governmental tribunal; or (b) The use of force against another is not justi­ in the execution of legal process. fied: (1) in response to verbal provocation alone; (b) The other sections of this chapter control (2) to resist an arrest or search that the actor when force is used against a person to protect knows is being made by a peace officer, or by a persons (Subchapter C), 1 to protect property (Sub­ 2 3 person acting in a peace officer's presence and at chapter D), for law enforcement (Subchapter E), his direction, even though the arrest or search is or by virtue of a special relationship (Subchapter unlawful, unless the resistance is justified under F).4 Subsection (c) of this section; (c) The use of deadly force is not justified under (3) if the actor consented to the exact force this section unless the actor reasonably believes the used or attempted by the other; or deadly force is specifically required by statute or (4) if the actor provoked the other's use or unless it occurs in the lawful conduct of war. If attempted use of unlawful force, unless: deadly force is so justified, there is no duty to (A) the actor abandons the encounter, or retreat before using it. clearly communicates to the other his intent to (d) The justification afforded by this section is do so reasonably believing he cannot safely available if the actor reasonably believes: abandon the encounter; and (1) the court or governmental tribunal has jur­ (B) the other nevertheless continues or at­ isdiction or the process is lawful, even though the tempts to use unlawful force against the actor. court or governmental tribunal lacks jurisdiction (c) The use of force to resist an arrest or search or the process is unlawful; or is justified: (2) his conduct is required or authorized to as­ (1) if, before the actor offers any resistance, sist a public servant in the performance of his the peace officer (or person acting at his di­ official duty, even though the servant exceeds his rection) uses or attempts to use greater force lawful authority. than necessary to make the arrest or search; and [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (2) when and to the degree the actor reasonably 1974.] believes the force is immediately necessary to protect himself against the peace officer's (or 1 Section 9.31 et seq. other person's) use or attempted use of greater 2 Section 9.41 et seq. 3 Section 9.51 et seq. force than necessary. 4 Section 9.61 et seq. (d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, § 9.22. Necessity 9.33, and 9.34 of this code. Conduct is justified if: [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (1) the actor reasonably believes the conduct is 1974.] immediately necessary to avoid imminent harm; § 9.32. Deadly Force in Defense of Person (2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary A person is justified in using deadly force against standards of reasonableness, the harm sought to another: be prevented by the law prescribing the conduct; (1) if he would be justified in using force and against the other under Section 9.31 of this code; 13 CRIMINAL RESPONSIBILITY § 9.43

(2) if a reasonable person in the actor's situa­ against another when and to the degree the actor tion would not have retreated; and reasonably believes the force is immediately neces­ (3) when and to the degree he reasonably be­ sary to prevent or terminate the other's trespass on lieves the deadly force is immediately necessary: the land or unlawful interference with the property. (A) to protect himself against the other's use (b) A person unlawfully dispossessed of land or or attempted use of unlawful deadly force; or tangible, movable property by another is justified in (B) to prevent the other's imminent commis­ using force against the other when and to the sion of aggravated kidnapping, murder, sexual degree the actor reasonably believes the force is assault, aggravated sexual assault, robbery, or immediately necessary to reenter the land or recov­ aggravated robbery. er the property if the actor uses the force immedi­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. ately or in fresh pursuit after the dispossession and: Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, § 5, (1) the actor reasonably believes the other had eff. Sept. 1, 1983.] no claim of right when he dispossessed the actor; Section 13 of the 1983 amendatory act provides: or "(a) The change in Jaw made by this Act applies only to an (2) the other accomplished the dispossession by offense committed on or after the effective date of this Act. using force, threat, or fraud against the actor. (b) An offense committed before the effective date of this Act is covered by the law in effect at the time the offense was committed, [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, and the former law is continued in effect for that purpose. For 1974.) purposes of this section, an offense is committed before the effec· tive date of this Act if any element of the offense occurs before the § 9.42. Deadly Force to Protect Property effective date." A person is justified in using deadly force against § 9.33. Defense of Third Person another to protect land or tangible, movable proper­ A person is justified in using force or deadly force ty: against another to protect a third person if: (1) if he would be justified in using force (1) under the circumstances as the actor rea­ against the other under Section 9.41 of this code; sonably believes them to be, the actor would be and justified under Section 9.31 or 9.32 of this code in (2) when and to the degree he reasonably be­ using force or deadly force to protect himself lieves the deadly force is immediately necessary: against the unlawful force or unlawful deadly (A) to prevent the other's imminent commis­ force he reasonably believes to be threatening the sion of arson, burglary, robbery, aggravated third person he seeks to protect; and robbery, theft during the nighttime, or criminal (2) the actor reasonably believes that his inter­ mischief during the nighttime; or vention is immediately necessary to protect the (B) to prevent the other who is fleeing imme­ third person. · diately after committing burglary, robbery, ag­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, gravated robbery, or theft during the nighttime 1974.) from escaping with the property; and (3) he reasonably believes that: § 9.34. Protection of Life or Health (A) the land or property cannot be protected (a) A person is justified in using force, but not or recovered by any other means; or deadly force, against another when and to the de­ (B) the use of force other than deadly force gree he reasonably believes the force is immediately to protect or recover the land or property would necessary to prevent the other from committing expose the actor or another to a substantial risk suicide or inflicting serious bodily injury to himself. of death or serious bodily injury. (b) A person is justified in using both force and (Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, deadly force against another when and to the de­ 1974.] gree he reasonably believes the force or deadly force is immediately necessary to preserve the oth­ § 9.43. Protection of Third Person's Property er's life in an emergency. A person is justified in using force or deadly force [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, against another to protect land or tangible, movable 1974.] property of a third person if, under the circumstanc­ [Sections 9.35 to 9.40 reserved for expansion] es as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 of this SUBCHAPTER D. PROTECTION code in using force or deadly force to protect his OF PROPERTY own land or property and: (1) the actor reasonably believes the unlawful § 9.41. Protection of One's Own Property interference constitutes attempted or consummat­ (a) A person in lawful possession of land or tangi­ ed theft of or criminal mischief to the tangible,. ble, movable property is justified in using force movable property; or § 9.43 PENAL CODE 14 (2) the actor reasonably believes that: already known by or cannot reasonably be made (A) the third person has requested his protec­ known to the person to be arrested. tion of the land or property; (c) A peace officer is justified in using deadly (B) he has a legal duty to protect the third force against another when and to the degree the person's land or property; or peace officer reasonably believes the deadly force is (C) the third person whose land or property immediately necessary to make an arrest, or to he uses force or deadly force to protect is the prevent escape after arrest, if the use of force actor's spouse, parent, or child, resides with the would have been justified under Subsection (a) of actor, or is under the actor's care. this section and: [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (1) the actor reasonably believes the conduct 1974.] for which arrest is authorized included the use or attempted use of deadly force; or - § 9.44. Use of Device to Protect Property (2) the actor reasonably believes there is a sub­ The justification afforded by Sections 9.41 and stantial risk that the person to be arrested will 9.43 of this code applies to the use of a device to cause death or serious bodily injury to the actor protect land or tangible, movable property if: or another if the arrest is delayed. (1) the device is not designed to cause, or (d) A person other than a peace officer acting in a known by the actor to create a substantial risk of peace officer's presence and at his direction is justi­ causing, death or serious bodily injury; and fied in using deadly force against another when and (2) use of the device is reasonable under all the to the degree the person reasonably believes the circumstances as the actor reasonably believes deadly force is immediately necessary to make a them to be when he installs the device. lawful arrest, or to prevent escape after a lawful [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. arrest, if the use of force would have been justified Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 6, eff. under Subsection (b) of this section and: Sept. 1, 1975.] (1) the actor reasonably believes the felony or For saving provisions see note set out under Section 1.07. offense against the public peace for which arrest [Sections 9.45 to 9.50 reserved for expansion] is authorized included the use or attempted use of deadly force; or SUBCHAPTER E. LAW ENFORCEMENT (2) the actor reasonably believes there is a sub­ stantial risk that the person to be arrested will § 9.51. Arrest and Search cause death or serious bodily injury to another if (a) A peace officer, or a person acting in a peace the arrest is delayed. · officer's presence and at his direction, is justified in (e) There is no duty to retreat before using dead- using force against another when and to the degree ly force justified by Subsection (c) or (d) of this the actor reasonably believes the force is immediate­ section. ly necessary to make or assist in making an arrest or search, or to prevent or assist in preventing (f) Nothing in this section relating to the actor's escape after· arrest, if: manifestation of purpose or identity shall be con­ (1) the actor reasonably believes the arrest or strued as conflicting with any other law relating to search is lawful or, if the arrest or search is made the isimance, service, and execution of an arrest or under a warrant, he reasonably believes the war­ search warrant either under the laws of this state rant is valid; and or the United States. (2) before using force, the actor manifests his (g) Deadly force may only be used under the purpose to arrest or search and identifies himself circumstances enumerated in Subsections (c) and (d) as a peace officer or as one acting at a peace of this section. officer's direction, unless he reasonably believes his purpose and identity are already known by or [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, cannot reasonably be made known to the person 1974.] to be arrested. § 9.52. Prevention of Escape from Custody (b) A person other than a peace officer (or one acting at his direction) is justified in using force The use of force to prevent the escape of an against another when and to the degree the actor arrested person from custody is justifiable when the reasonably believes the force is immediately neces­ force could have been employed to effect the arrest sary to make or assist in making a lawful arrest, or under which the person is in custody, except that a to prevent or assist in preventing escape after law­ guard employed by a penal institution or a peace ful arrest if, before using force, the actor manifests officer is justified in using any force, including his purpose to and the reason for the arrest or deadly force, that he believes to be immediately reasonably believes his purpose and the reason are necessary to prevent the escape of a person from a 15 PUNISHMENTS § 12.01 jail, prison, or other institution for the detention of TITLE 3. PUNISHMENTS persons charged with or convicted of a crime.

[Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, CHAPTER 12. PUNISHMENTS 1974.] SUBCHAPTER A. GENERAL PROVISIONS [Sections 9.53 to 9.60 reserved for expansion] Sec. 12.01. Punishment in Accordance with Code. SUBCHAPTER F. SPECIAL RELATIONSHIPS 12.02. Classification of Offenses. 12.03. Classification of Misdemeanors. 12.04. Classification of Felonies. § 9.61. Parent-Child (a) The use of force, but not deadly force, against SUBCHAPTER B. ORDINARY MISDEMEANOR a child younger than 18 years is justified: PUNISHMENTS (1) if the actor is the child's parent or steppar­ 12.21. Class A Misdemeanor. ent or is acting in loco parentis to the child; and 12.22. Class B Misdemeanor. (2) when and to the degree the actor reasonably 12.23. Class C Misdemeanor. believes the force is necessary to discipline the child or to safeguard or promote his welfare. SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS (b) For purposes of this section, "in loco parentis" 12.31. Capital Felony. includes grandparent and guardian, any person act­ 12.32. First-Degree Felony Punishment. ing by, through, or under the direction of a court 12.33. Second-Degree Felony Punishment. with jurisdiction over the child, and anyone who has 12.34. Third-Degree Felony Punishment. express or implied consent of the parent or parents.

[Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. l, SUBCHAPTER D. EXCEPTIONAL SENTENCES 1974.] 12.41. Classification of Offenses Outside this Code. 12.42. Penalties for Repeat and Habitual Felony Offend­ § 9.62. Educator-Student ers. 12.43. Penalties for Repeat and Habitual Misdemeanor The use of force, but not deadly force, against a Offenders. person is justified: 12.44. Reduction of Third Degree Felony to Misdemean­ or. (1) if the actor is entrusted with the care, su­ 12.45. Admission of Unadjudicated Offense. pervision, or administration of the person for a 12.46. Use of Prior Convictions. special purpose; and (2) when and to the degree the actor reasonably SUBCHAPTER E. CORPORATIONS believes the force is necessary to further the AND ASSOCIATIONS special purpose or to maintain discipline in a 12.51. Authorized Punishments for Corporations and As­ group. sociations.

[Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. l,' 1974.] SUBCHAPTER A. GENERAL PROVISIONS

§ 9.63. Guardian-Incompetent § 12.01. Punishment in Accordance with Code The use of force, but not deadly force, against a (a) A person adjudged guilty of an offense under mental incompetent is justified: this code shall be punished in accordance with this (1) if the actor is the incompetent's guardian or chapter and the Code of Criminal Procedure, 1965. someone similarly responsible for the general (b) Penal laws enacted after the effective date of care and supervision of the incompetent; and this code shall be classified for punishment pur­ (2) when and to the degree the actor reasonably poses in accordance with this chapter. believes the force is necessary: (c) This chapter does not deprive a court of au­ (A) to safeguard and promote the incompe­ thority conferred by law to forfeit property, dis­ tent's welfare; or solve a corporation, suspend or cancel a license or (B) if the incompetent is in an institution for permit, remove a person from office, cite for con­ his care and custody, to maintain discipline in tempt, or impose any other civil penalty. The civil the institution. penalty may be included in the sentence. [Acts 1973, 63rd Leg., p. 883, ch. 399,. § 1, eff. Jan. 1, [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] 1974.] § 12.02 PENAL CODE 16

§ 12.02. Classification of Offenses (3) both such fine and imprisonment.

Offenses are designated as felonies or misde­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, meanors. 1974.] [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] § 12.23: Class C Misdemeanor An individual adjudged guilty of a Class C misde­ § 12.03. Classification of Misdemeanors meanor shall be punished by a fine not to exceed (a) Misdemeanors are classified according to the $200. relative seriousness of the offense into three cate­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, gories: 1974.] (1) Class A misdemeanors; (2) Class B misdemeanors; [Sections 12.24 to 12.30 reserved for expansion] (3) Class C misdemeanors. SUBCHAPTER C. ORDINARY FELONY (b) An offense designated a misdemeanor in this code without specification as to punishment or cate­ PUNISHMENTS gory is a Class C misdemeanor. § 12.31. Capital Felony (c) Conviction of a Class C misdemeanor does not (a) An individual adjudged guilty of a capital felo­ impose any legal disability or disadvantage. ny shall be punished by confinement in the Texas [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, Department of Corrections for life or by death. 1974.] (b) Prospective jurors shall be informed that a § 12.04. Classification of Felonies sentence of life imprisonment or death is mandatory on conviction of a capital felony. A prospective (a) Felonies are classified according to the rela- juror shall be disqualified from serving as a juror tive seriousness of the offense into four categories: unless he states under oath that the mandatory (1) capital felonies; penalty of death or imprisonment for life will not (2) felonies of the first degree; affect his deliberations on any issue of fact. (3) felonies of the second degree; [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. (4) felonies of the third degree. Amended by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, (b) An offense designated a felony in this code § 2, eff. Jan. 1, 1974.] without specification as to category is a felony of the third degree. § 12.32. First-Degree Felony Punishment [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. (a) An individual adjudged guilty of a felony of Amended by Acts 1973, 63rd Leg., p. 1125, ch. 426, art. 2, the first degree shall be punished by confinement in § 3, eff. Jan. 1, 1974.] the Texas Department of Corrections for life or for [Sections 12.05 to 12.20 reserved for expansion] any term of not more than 99 years or less than 5 years. SUBCHAPTER B. ORDINARY MISDEMEANOR (b) In addition to imprisonment, an individual ad­ PUNISHMENTS judged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000. § 12.21. Class A Misdemeanor [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 197 4. An individual adjudged guilty of a Class A misde­ Amended by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, meanor shall be punished by: § 2, eff. Jan. 1, 197 4; Acts 1979, 66th Leg., p. 1058, ch. (1) a fine not to exceed $2,000; 488, § 1, eff. Sept. 1, 1979.] (2) ·confinement in jail for a term not to exceed Section 2 of the 1979 amendatory act provided: one year; or "This Act applies only to offenses committed on or after its effective date, and a criminal action for an offense committed (3) both such fine and imprisonment. before this Act's effective date is governed by the law existing before this Act's effective date, which law is continued in effect for [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, this purpose as if this Act were not in force. For purposes of this 1974.] section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date." § 12.22. Class B Misdemeanor An individual adjudged guilty of a Class B misde­ § 12.33. Second-Degree Felony Punishment meanor shall be punished by: (a) An individual adjudged guilty of a felony of · (1) a fine not to exceed $1,000; the second degree shall be punished by confinement (2) confinement in jail for a term not to exceed in the Texas Department of Corrections for any 180 days; or term of not more than 20 years or less than 2 years. 17 PUNISHMENTS § 12.44 (b) In addition to imprisonment, an individual ad­ nally convicted of two felony offenses, and the judged guilty of a felony of the second degree may second previous felony conviction is for an offense be punished by a fine not to exceed $10,000. that occurred subsequent to the first previous con­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. viction having become final, on conviction he shall Amended by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, be punished by confinement in the Texas Depart­ § 2, eff. Jan. 1, 1974.] ment of Corrections for life, or for any term of not more than 99 years or less than 25 years. § 12.34. Third-Degree Felony Punishment [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. (a) An individual adjudged guilty of a felony of Amended by Acts 1983, 68th Leg., p. 1750, ch. 339, § 1, the third degree shall be punished by confinement eff. Sept. 1, 1983.] in the Texas Department of Corrections for any Section 2 of the 1983 amendatory act provides: term of not more than 10 years or less than 2 years. "(a) Except as provided by Subsection (b) of this section, this Act applies only to offenses committed on or after its effective date, (b) In addition to imprisonment, an individual ad­ and a criminal action for an offense committed before this Act's judged guilty of a felony of the third degree may be effective date is governed by the law existing before the effective punished by a fine not to exceed $5,000. date, which law is continued in effect for this purpose as if this Act were not in force. For purposes of this section, an offense is [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. l, 1974. committed on or after the effective date of this Act if any element Amended by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, of the offense occurs on or after the effective date. § 2, eff. Jan. 1, 197 4.] "(b) In a criminal action ending on or commenced on or after the effective date of this Act, for an offense committed before the [Sections 12.35 to 12.40 reserved for expansion] effective date, the defendant, if adjudged guilty, shall be assessed punishment under this Act if he so elects by written motion filed SUBCHAPTER D. EXCEPTIONAL with the trial court before the sentencing hearing begins.'' SENTENCES § 12.43. Penalties for Repeat and Habitual Mis­ § 12.41. Classification of Offenses Outside this demeanor Offenders Code (a) If it be shown on the trial of a Class A For purposes of this subchapter, any conviction misdemeanor that the defendant has been before not obtained from a prosecution under this code convicted of a Class A misdemeanor or any degree shall be classified as follows: of felony, on conviction he shall be punished by (1) "felony of the third degree" if confinement confinement in jail for any term of not more than in a penitentiary is affixed to the offense as a one year or less than 90 days. possible punishment; (b) If it be shown on the trial of a Class B (2) "Class B misdemeanor" if the offense is not misdemeanor that the defendant has been before a felony and confinement in a jail is affixed to the convicted of a Class A or Class B misdemeanor or offense as a possible punishment; any degree of felony, on conviction he shall be (3) "Class C misdemeanor" if the offense is punished by confinement in jail for any term of not punishable by fine only. more than 180 days or less than 30 days. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] 1974.]

§ 12.42. Penalties for Repeat and Habitual Felo­ § 12.44. Reduction of Third-Degree Felony to ny Offenders Misdemeanor (a) If it be shown on the trial of a third-degree (a) A court may set aside a judgment or verdict felony that the defendant has been once before of guilty of a felony of the third degree and enter a convicted of any felony, on conviction he shall be judgment of guilt and punish for a Class A misde­ punished for a second-degree felony. meanor if, after considering the gravity and circum­ (b) If it be shown on the trial of a second-degree stances of the felony committed and the history, felony that the defendant has been once before character, and rehabilitative needs of the defendant, convicted of any felony, on conviction he shall be the court finds that such sentence would best serve punished for a first-degree felony. the ends of justice. (c) If it be shown on the trial of a first-degree (b) When a court is authorized to enter judgment felony that the defendant has been once before of guilt and sentence for a lesser category of of­ convicted of any felony, on conviction he shall be fense as provided in Subsection (a) of this section, punished by confinement in the Texas Department the court may authorize the prosecuting attorney to of Corrections for life, or for any term of not more prosecute initially for the lesser category of of­ than 99 years or less than 15 years. fense. (d) If it be shown on the trial of any felony [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, offense that the defendant has previously been fi- 1974.] § 12.45 PENAL CODE 18

§ 12.45. Admission of Unadjudicated Offense pay a fine in an amount fixed by the court, not to (a) A person may, with the consent of the attor­ exceed double the amount gained or caused by the ney for the state, admit during the sentencing hear­ corporation to be lost, whichever is greater. ing his guilt of one or more unadjudicated offenses (d) In addition to any sentence that may be im­ and request the court to take each into account in posed by this section, a corporation that has been determining sentence for the offense or offenses of adjudged guilty of an offense may be ordered by which he stands adjudged guilty. the court to give notice of the conviction to any (b) Before a court may take into account an ad­ person the court deems appropriate. mitted offense over which exclusive venue lies in [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. another county or district, the court must obtain Amended by Acts 1977, 65th Leg., p. 1917, ch. 768, § 1, eff. permission from the prosecuting attorney with juris­ June 16, 1977 .] diction over the offense. (c) If a court lawfully takes into account an ad­ TITLE 4. INCHOATE OFFENSES mitted offense, prosecution is barred for that of­ CHAPTER 15. PREPARATORY OFFENSES fense. Sec. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. 15.01. Criminal Attempt. Amended by Acts 1983, 68th Leg., p. 4131, ch. 649, § 1, 15.02. Criminal Conspiracy. eff. Aug. 29, 1983.] 15.03. Criminal Solicitation. 15.04. Renunciation Defense. § 12.46. Use of Prior Convictions 15.05. No Offense. The use of a conviction for enhancement purposes shall not preclude the subsequent use of such con­ § 15.01. Criminal Attempt viction for enhancement purposes. (a) A person commits an offense if, with specific [Acts 1979, 66th Leg., p. 1027, ch. 459, § 1, eff. June 7, intent to commit an offense, he does an act amount­ 1979.] ing to more than mere preparation that tends but [Sections 12.47 to 12.50 reserved for expansion] fails to effect the commission of the offense intend­ ed. SUBCHAPTER E. CORPORATIONS (b) If a person attempts an offense that may be AND ASSOCIATIONS aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that § 12.51. Authorized Punishments for Corpora­ aggravates the ·offense accompanies the attempt. tions and Associations (c) It is no defense to prosecution for criminal (a) If a corporation or association is adjudged attempt that the offense attempted was actually guilty of an offense that provides a penalty consist­ committed. ing of a fine only, a court may sentence the corpora­ tion or association to pay a fine in an amount fixed (d) An offense under this section is one category by the court, not to exceed the fine provided by the lower than the offense attempted, and if the offense offense. attempted is a felony of the third degree, the of­ fense is a Class A misdemeanor. (b) If a corporation or association is adjudged guilty of an offense that provides a penalty includ­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 478, ch. 203, § 4, eff. ing imprisonment, or that provides no specific penal­ Sept. 1, 1975.] ty, a court may sentence the corporation or associa­ Subsection 7(a) of the 1975 amendatory act provided: tion to pay a fine in an amount fixed by the court, "Sections 1, 2, and 4 of this Act apply only to offenses committed not to exceed: on or after the effective date of this Act, and except as provided in (1) $20,000 if the offense is a felony of any Subsections (b), (c), and (d) of this section, a criminal action for an offense committed before the effective date of this Act is governed category; by the Jaw existing before the effective date, which Jaw is contin­ (2) $10,000 if the offense is a Class A or Class ued in effect for this purpose as though this Jaw were not in B misdemeanor; or force.n (3) $2,000 if the offense is a Class C misde­ meanor. § 15.02. Criminal Conspiracy (c) In lieu of the fines authorized by Subsections (a) A person commits criminal conspiracy if, with (a) and (b)(l) and (b)(2) of this section, if a court intent that a felony be committed: finds that the corporation or association gained (1) he agrees with one or more persons that money or property or caused personal injury, prop­ they or one or more of them engage in conduct erty damage, or other loss through the commission that would constitute the offense; and of a felony or Class A or Class B misdemeanor, the (2) he or one or more of them performs an court may sentence the corporation or association to overt act in pursuance of the agreement. 19 INCHOATE OFFENSES § 15.05 (b) An agreement constituting a conspiracy may (2) a felony of the second degree if the offense be inferred from acts of the parties. solicited is a felony of the first degree.

(c) It is no defense to prosecution for criminal [Acts 1973, 63rd Leg., p. 883, ch. '399, § 1, eff. Jan. 1, conspiracy that: 1974.] (1) one or more of the coconspirators is not criminally responsible for the object offense; § 15.04. Renunciation Defense (2) one or more of the coconspirators has been acquitted, so long as two or more coconspirators (a) It is an affirmative defense to prosecution have not been acquitted; under Section 15.01 of this code that under circum­ (3) one or more of the coconspirators has not stances manifesting a voluntary and complete re­ been prosecuted or convicted, has been convicted nunciation of his criminal objective the actor avoid­ of a different offense, or is immune from prosecu­ ed commission of the offense attempted by aban­ tion; doning his criminal conduct or, if" abandonment was (4) the actor belongs to a class of persons that insufficient to avoid commission of the offense, by by definition of the object offense is legally incap­ taking further affirmative action that prevented the able of committing the object offense in an indi­ commission. vidual capacity; or (b) It is an affirmative defense to prosecution (5) the object offense was actually committed. under Section 15.02 or 15.03 of this code that under (d) An offense under this section is one category circumstances manifesting a voluntary and com­ lower than the most serious felony that is the object plete renunciation of his criminal objective the actor of the conspiracy, and if the most serious felony countermanded his solicitation or withdrew from the that is the object of the conspiracy is a felony of the conspiracy before commission of the object offense third degree, the offense is a Class A misdemeanor. and took further affirmative action that prevented [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, the commission of the object offense. 1974.] (c) Renunciation is not voluntary if it is motivated § 15.03. Criminal Solicitation in whole or in part: (a) A person commits an offense if, with intent (1) by circumstances not present or apparent at that a capital felony or felony of the first degree be the inception of the actor's course of conduct that committed, he requests, commands, or attempts to increase the probability of detection or apprehen­ induce another to engage in specific conduct that, sion or that make more difficult the accomplish­ under the circumstances surrounding his conduct as ment of the objective; or the actor believes them to be, would constitute the (2) by a decision to postpone the criminal con­ felony or make the other a party to its commission. duct until another time or to transfer the criminal (b) A person may not be convicted under this act to another but similar objective or victim. section on the uncorroborated testimony of the per­ (d) Evidence that the defendant renounced his son allegedly solicited and unless the solicitation is criminal objective by abandoning his criminal con­ made under circumstances strongly corroborative of duct, countermanding his solicitation, or withdraw­ both the solicitation itself and the actor's intent that ing from the conspiracy before the criminal offense the other person act on the solicitation. was committed and made substantial effort to pre­ (c) It is no defense to prosecution under this vent the commission of the object offense shall be section that: admissible as mitigation at the hearing on punish­ (1) the person solicited is not criminally respon­ ment if he has been found guilty of criminal at­ sible for the felony solicited; tempt, criminal solicitation, or criminal conspiracy; (2) the person solicited has been acquitted, has and in the event of a finding of renunciation under not been prosecuted or convicted, has been con­ this subsection, the punishment shall be one grade victed of a different offense or of a different type lower than that provided for the offense committed. or class of offense, or is immune from prosecu­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, tion; 1974.] (3) the actor belongs to a class of persons that by definition of the felony solicited is legally § 15.05. No Offense incapable of committing the offense in an individ­ ual capacity; or Attempt or conspiracy to commit, or solicitation (4) the felony solicited was actually committed. of, a preparatory offense defined in this chapter is (d) An offense under this section is: not an offense. (1) a felony of the first degree if the offense [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, solicited is a capital offense; or 1974.] § 16.01 PENAL CODE 20 CHAPTER 16. CRIMINAL INSTRUMENTS obtained through the interception of a wire or AND INTERCEPTION OF WIRE OR oral communication in violation of this subsection; ORAL COMMUNICATION (3) knowingly or intentionally uses or endeav­ Sec. ors to use the contents of a wire or oral communi­ 16.01. Unlawful Use of Criminal Instrument. cation if he knows or is reckless about whether 16.02. Unlawful Interception, Use or Disclosure of Wire the information was obtained through the inter­ or Oral Communication. ception of a wire or oral communication in viola­ tion of this subsection; or The heading of this chapter was amended by (4) knowingly or intentionally effects a covert Acts 1981, 67th Leg., p. 740, ch. 275, § 3, effective entry for the purpose of intercepting wire or oral until September 1, 1985. communications without court order or authoriza­ tion. § 16.01. Unlawful Use of Criminal Instrument (c) It is an affirmative defense to the application (a) A person commits an offense if: of Subsection (b) of this section that: · (1) he possesses a criminal instrument with in­ tent to use it in the commission of an offense; or (1) an operator of a switchboard or an officer, employee, or agent of a communication common (2) with knowledge of its character and with carrier whose facilities are used in the transmis­ intent to use or aid or permit another. to use in the sion of a wire communication intercepts a commu­ commission of an offense, he manufactures, nication or discloses or uses an intercepted com­ adapts, sells, installs, or sets up a criminal instru­ munication in the normal course of employment ment. while engaged in an activity that is a necessary (b) For the purpose of this section, "criminal in, incident to the rendition of service or to the strument" means anything, the possession, manu­ protection of the rights or property of the carrier facture, or sale of which is not otherwise an of­ of the communication, unless the interception re­ fense, that is specially designed, made, or adapted sults from the communication common carrier's for use in the commission of an offense. use of service observing or random monitoring (c) An offense under Subsection (a)(l) of this sec­ for purposes other than mechanical or service tion is one category lower than the offense intend­ quality control checks; ed. An offense under Subsection (a)(2) of this sec­ (2) an officer, employee, or agent of a commu­ tion is a felony of the third degree. nication common carrier provides information, fa­ cilities, or technical assistance to an investigative [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 7, eff. or law enforcement officer who is authorized as Sept. 1, 1975.] provided by this article to intercept a wire or oral For saving provisions see note set out under Section 1.07. communication; (3) a person acting under color of law inter­ § 16.02. Unlawful Interception, Use or Disclo­ cepts a wire or oral communication if the person sure of Wire or Oral Communications is a party to the communication or if one of the parties to the communication has given prior con­ Text of section added effective until September sent to the interception; 1, 1985 (4) a person not acting under color of law inter­ (a) In this section, "covert entry," "communica­ cepts a wire or oral communication if the person tion common carrier," "contents," "electronic, me­ is a party to the communication or if one of the chanical, or other device," "intercept," "investiga­ parties to the communication has given prior con­ tive or law enforcement officer," "oral communica­ sent to the interception unless the communication tion," and "wire communication" have the meanings is intercepted for the purpose of committing any given those terms in Article 18.20, Code of Criminal criminal or tortious act in violation of the consti­ Procedure, 1965. tution or laws of the United States or of this state or for the purpose of committing any other injuri­ (b) Except as specifically provided by Subsection ous act; or (c) of this section, a person commits an offense if he: (5) a person acting under color of law inter­ (1) knowingly or intentionally intercepts, en­ cepts a wire or oral communication if: deavors to intercept, or procures another person (A) prior consent for the interception has to intercept or endeavor to intercept a wire or oral been given by a magistrate; communication; (B) an immediate life-threatening situation (2) knowingly or intentionally discloses or en­ exists; deavors to disclose to another person the contents (C) the person is a member of a law enforce­ of a wire or oral communication if he knows or is ment unit specially trained to respond to and reckless about whether the information was deal with life-threatening situations; and 21 OFFENSES AGAINST THE PERSON § 19.03 (D) the interception ceases immediately on Law Enforcement Officer Standards and Educa­ termination of the life-threatening situation. tion. (d) Except as provided by Subsection (e) of this [Acts 1981, 67th Leg., p. 738, ch. 275, § 2, eff. Aug. 31, section, a person commits an offense if he knowing­ 1981. Amended by Acts 1983, 68th Leg., p. 4878, ch. 864, ly or intentionally manufactures, assembles, pos­ §§ 1 to 3, eff. June 19, 1983:] sesses, sells, sends, or carries an electronic, mechan­ Section 5 of the 1981 Act provides: ical, or other device that is designed primarily for "This Act shall not be in force after September 1, 1985." nonconsensual interception of wire or oral communi­ cations. TITLE 5. OFFENSES AGAINST THE (e) It is an affirmative defense to the application PERSON of Subsection (d) of this section that the manufac­ ture, assembly, possession, sale, sending, or carry­ CHAPTER 19. CRIMINAL HOMICIPE ing of an electronic, mechanical, or other device that Sec. is designed primarily for the purpose of nonconsen­ 19.01. Types of Criminal Homicide. sual interception of wire or oral communication is 19.02. Murder. by: 19.03. Capital Murder. 19.04. Voluntary Manslaughter. (1) a communication common carrier or an offi­ 19.05. Involuntary Manslaughter. cer, agent, or employee of or a person under 19.06. Evidence. contract with a communication common carrier 19.07. Criminally Negligent Homicide. acting in the normal course of the communication carrier's business; § 19.01. Types of Criminal Homicide (2) an officer, agent, or employee of a person (a) A person commits criminal homicide if he in­ under contract with, bidding on contracts with, or tentionally, knowingly, recklessly, or with criminal doing business with the United States or this negligence causes the death of an individual. state acting in the normal course of the activities (b) Criminal homicide is murder, capital murder, of the United States or this state; or voluntary manslaughter, involuntary manslaughter, (3) a law enforcement agency that has an es­ or criminally negligent homicide. tablished unit specifically designated to respond [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. to and deal with life-threatening situations. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, (f) An offense under this section is a felony of the § 1, eff. Jan. 1, 1974.] second degree. § 19.02. Murder (g) An electronic, mechanical, or other device that (a) A person commits an offense if he: is used, manufactured, assembled, possessed, sold, (1) intentionally or knowingly causes the death sent, or carried in violation of this section may be of an individual; seized by a peace officer pursuant to executing a (2) intends to cause serious bodily injury and lawful search or arrest. commits an act clearly dangerous to human life (h) Property seized pursuant to this section may that causes the death of an individual; or be forfeited to the Department of Public Safety in (3) commits or attempts to commit a felony, the manner provided by Article 18.18, Code of Crim­ other than voluntary or involuntary manslaugh­ inal Procedure, 1965; as amended, for disposition of ter, and in the course of and in furtherance of the seized property. The department may destroy the commission or attempt, or in immediate flight property or maintain, repair, use, and operate the from the commission or attempt, he commits or property in manner consistent with Article 18.20, attempts to commit an act clearly dangerous to Code of Criminal Procedure 1965. human life that causes the death of an individual. (b) An offense under this section is a felony of (i) For purposes of this section: the first degree. (1) An immediate life-threatening situation ex­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. ists when human life is directly threatened in Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, either a hostage or barricade situation. § 1, eff. Jan. 1, 1974.] · (2) "Member of a law enforcement unit special­ ly trained to respond to and deal with life-threat­ § 19.03. Capital Murder ening situations" means a peace officer who has (a) A person commits an offense if he commits received a minimum of 40 hours a year of training murder as defined under Section 19.02(a)(l) of this in hostage and barricade suspect situations. This code and: training must be evidenced by the. submission of (1) the person murders a peace officer or fire­ appropriate documentation to the Commission on man who is acting in the lawful discharge of an § 19.03 PENAL CODE 22

official duty and who the person knows is a peace § 19.05. Involuntary Manslaughter officer, or fireman; (2) the person intentionally commits the murder (a) A person commits an offense if he: in the course of committing or attempting to (1) recklessly causes the death of an individual; commit kidnapping, burglary, robbery, aggrava­ or ted sexual assault, or arson; (2) ·by accident or mistake when operating a (3) the person commits the murder for remu­ motor vehicle while intoxicated and, by reason of neration or the promise of remuneration or em­ such intoxication, causes the death of an individu­ ploys another to commit the murder for remuner­ al. ation or the promise of remuneration; (b) For purposes of this section, "intoxication" (4) the person commits the murder while escap­ means that the actor does not have the normal use ing or attempting to escape from a penal institu­ of his mental or physical faculties by reason of the tion; or voluntary introduction of any substance into his (5) the person, while incarcerated in a penal body. institution, murders another who is employed in the operation of the penal institution. (c) An offense under this section is a felony of the third degree. (b) An offense under this section is a capital felony. , [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, (c) If the jury does not find beyond a reasonable § 1, eff. Jan. 1, 197 4.] doubt that the defendant is guilty ·of an offense under this section, he may be convicted of murder Acts 1983, 68th Leg., p. 1605, ch. 303, § 24, provides: or of any other lesser included offense. "(a) Each county with a population of 25,000 or more according to the most recent federal census shall purchase and maintain [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. electronic devices capable of visually recording a person arrest£d Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, within the county for an offense under Article 67011-1, Revised § 1, eff. Jan. 1, 1974; Acts 1983, 68th Leg., p. 5317, ch. Statutes, or Subdivision (2), Subsection (a), Section 19.05, Penal 977, § 6, eff. Sept. 1, 1983.] Code. Section 13 of the 1983 amendatory act provides: "(b) The sheriff of the county shall determine upon approval by "(a) The change in Jaw made by this Act applies only to an the county commissioners court the number of devices necessary offense committed on or after. the effective date of this Act. to ensure that a peace officer arresting a defendant for an offense listed in Subsection (a) of this section may visually record the "(b) An offense committed before the effective date of this Act defendant's appearance within a reasonable time after the arrest. is covered by the law in effect at the time the offense was committed, and the former law is continued in effect for that "(c) The fact that an arresting officer or other person acting on purpose. For purposes of this section, an offense is committed behalf of the state failed to visually record a person arrested for before the effective date of this Act if any element of the offense an offense listed in Subsection (a) of this section is admissible at occurs before the effective date." the trial of the offense if the offense occurred in a county required to purchase and maintain electronic devices under this section." § 19.04. Voluntary Manslaughter (a) A person commits an offense if he causes the § 19.06. Evidence death of an individual under circumstances that In all prosecutions for murder or voluntary man­ would constitute murder under Section 19.02 of this slaughter, the state or the defendant shall be per­ code, except that he caused the death under the mitted to offer testimony as to all relevant facts and immediate influence of sudden passion arising from circumstances surrounding the killing and the previ­ an adequate cause. ous relationship existing between the accused and (b) "Sudden passion" means passion directly the deceased, together with all relevant facts and caused by and arising out of provocation by the circumstances going to show the condition of the individual killed or another acting with the person mind of the accused at the time of the offense. killed which passion arises at the time of the of­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. fense and is not solely the result of former provoca­ Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, tion. § 1, eff. Jan. 1, 197 4.] (c) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resent­ § 19.07. Criminally Negligent Homicide ment, or terror in a person of ordinary temper, (a) A person commits an offense if he causes the sufficient to render the mind incapable of cool re­ death of an individual by criminal negligence. flection. (d) An offense under this section is a felony of (b) An offense under this section is a Class A the second degree. misdemeanor. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, § 1, eff. Jan. 1, 1974.] § 1, eff. Jan. 1, 1974.] 23 OFFENSES AGAINST THE PERSON § 21.01

CHAPTER 20. KIDNAPPING AND § 20.03. Kidnapping FALSE IMPRISONMENT (a) A person commits an offense if he intentional­ Sec. ly or knowingly abducts another person. 20.01. Definitions. (b) It is an affirmative defense to prosecution 20.02. False Imprisonment. under this section that: 20.03. Kidnapping. 20.04. Aggravated Kidnapping. (1) the abduction was not coupled with intent to use or to threaten to use deadly force; § 20.0L Definitions (2) the actor was a relative of the person ab­ ducted; and In this chapter: (3) the actor's sole intent was to assume lawful (1) "Restrain" means to restrict a person's control of the victim. movements without consent, so as to interfere substantially with his liberty, by moving him from (c) An offense under this section is a felony of one place to another or by confining him. Re­ the third degree. straint is "without consent" if it is accomplished [Acts 1973, 63rd Leg., p. 883, ch. 399, § l, eff. Jan. 1, by: 1974.] (A) force, intimidation, or deception; or § 20.04. Aggravated Kidnapping (B) any means, including acquiescence of the victim, if he is a child less than 14 years of age (a) A person commits an offense if he intentional­ or an incompetent person and the parent, ly or knowingly abducts another person with the guardian, or person or institution acting in loco intent to: parentis has not acquiesced in the movement or (1) hold him for ransom or reward; confinement. (2) use him as a shield or hostage; (2) "Abduct" means to restrain a person with (3) facilitate the commission of a felony or the intent to prevent his liberation by: flight after the attempt or commission of a felo­ (A) secreting or holding him in a place where ny; he is not likely to be found; or (4) inflict bodily injury on him or violate or (B) using or threatening to use deadly force. abuse him sexually; (3) "Relative" means a parent or stepparent, (5) terrorize him or a third person; or ancestor, sibling, or uncle or aunt, including an (6) interfere with the performance of any gov­ adoptive relative of the same degree through ernmental or political function. marriage or adoption. (b) An offense under this section is a felony of [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, the first degree unless the actor voluntarily releases 1974.] the victim alive and in a safe place, in which event it is a felony of the second degree. § 20.02. False Imprisonment [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (a) A person commits an offense if he intentional­ 1974.] ly or knowingly restrains another person. CHAPTER 21. SEXUAL OFFENSES (b) It is an affirmative defense to prosecution under this section that: Sec. 21.01. Definitions. (1) the person restrained was a child less than 21.02 to 21.05. Repealed. 14 years of age; 21.06. Homosexual Conduct. (2) the actor was a relative of the child; and 21.07. Public Lewdness. (3) the actor's sole intent was to assume lawful 21.08. Indecent Exposure. control of the child. 21.09, 21.10. Repealed. 21.11. Indecency with a Child. (c) An offense under this section is a Class B 21.12. Repealed. misdemeanor unless the actor recklessly exposes 21.l:J. Rl'numhl'red. the victim to a substantial risk of serious bodily injury, in which event it is a felony of the third § 21.01. Definitions degree. In this chapter: (d) It is no offense to detain or move another (1) "Deviate sexual intercourse" means: under this section when it is for the purpose of (A) any contact between any part of the geni­ effecting a lawful arrest or detaining an individual tals of one person and the mouth or anus of lawfully arrested. another person; or [Acts 1973, 63rd Leg., p. 883, ch. 399, § .1. eff. Jan. 1, (B) the penetration of the genitals or the 1974.] anus of another person with an object. § 21.01 PENAL CODE 24

(2) "Sexual contact" means any touching of the and he is reckless about whether another is present anus, breast, or any part of the genitals of anoth­ who will be offended or alarmed by his act. er person with intent to arouse or gratify the (b) An offense under this section is a Class B sexual desire of any person. misdemeanor. (3) "Sexual intercourse" means any penetration [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. of the female sex organ by the male sex organ. Amended by Acts 1983, 68th Leg., p. 509, ch. 924, § 1, eff. Sept. 1, 1983.] [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 197 4. Section 2 of the 1983 amendatory act provides: Amended by Acts 1979, 66th Leg., p. 373, ch. 168, § l, eff. "(a) The change in law made by this Act applies only to the Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 96, § 3, eff. punishment for an offense committed on or after the effective date Sept. 1, 1981.] of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense Section 4 of the 1981 amendatory act provides: occurs before the effective date. "(b) An offense committed before the effective date of this Act "(a) The change in law made by this Act applies only to an is covered by the law in effect when the offense was committed, offense committed on or after the effective date of this Act. For and the former law is continued in effect for this purpose.'' purposes of this section, an offense is committed before the effec­ tive date of this Act if any element of the offense occurs before the §§ 21.09, 21.10. Repealed by Acts 1983, 68th Leg., effective date. p. 5321, ch. 977, § 12; eff. Sept. 1, 1983 "(b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, See, now, §§ 21.011 and 21.021. and the former law is continued in effect for this purpose." Continuation of law in effect at time of offense for offenses committed prior to effective date of 1983 repealing act, see note under § 22.01. §§ 21.02 to 21.05. Repealed by Acts 1983, 68th Leg., p. 5321, ch. 977; § 12, eff. S~pt. 1, 1983 § 21.11. Indecency with a Child See, now, §§ 21.011 and 21.021. (a} A person commits an offense if, with a child Continuation of law in effect at time of offense for offenses younger than 17 years and not his spouse, whether committed prior to effective date of 1983 repealing act, see note the child is of· the same or opposite sex, he: under § 22.01. (1) engages in sexual contact with the child; or § 21.06. Homosexual Conduct (2) exposes his anus or any part of his genitals, knowing the child is present, with intent to arouse (a) A person commits an offense if he engages in or gratify the sexual desire of any person. deviate sexual intercourse with another individual of the same sex. (b) It is a defense to prosecution under this sec­ tion that the child was at the time of the alleged (b) An offense under this section is a Class C offense 14 years or older and had, prior to the time misdemeanor. of the alleged offense, engaged promiscuously in: [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (1) sexual intercourse; 1974.] (2) deviate sexual intercourse; (3) sexual conta"ct; or § 21.07. Public Lewdness (4) indecent exposure as defined in Subsection (a) A person commits an offense if he knowingly (a)(2) of this section. engages in any of the following acts in a public (c) It is an affirmative defense to prosecution place or, if not in a public place, he is reckless about under this section that the actor was not more than whether another is present who will be offended or two years older than the victim and of the opposite 11Iarmed by his act: sex. (1) an act of sexual intercourse; (d) An offense under Subsection (a)(l) of this (2) an act of deviate sexual intercourse; section is a felony of the second degree and an (3) an act of sexual contact; offense under Subsection (a)(2) of this section is a (4) an act involving contact between the per­ felony of the third degree. son's mouth or genitals and the anus or genitals [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. of an animal or fowl. Amended by Acts 1981, 67th Leg., p. 472, ch. 202, § 3, eff. (b) An offense under this section is a Class A Sept. 1, 1981.] misdemeanor. Section 5 of the 1981 amendatory act provides: [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, "This Act applies only to offenses committed on or after its 1974.] effective date. A criminal action for an offense committed before this Act's effective date is governed by the law in existence before § 21.08. Indecent Exposure the effective date, and that law is continued in effect for this purpose as if this Act were not in force. For the purposes of this (a) A person commits an offense if he exposes his section, an offense is committed on or after the effective date of anus or any part of his genitals with intent to . this Act if every element of the offense occurs on or after the arouse or gratify the sexual desire of any person, effective date.'' 25 OFFENSES AGAINST THE PERSON § 22.011

§ 21.12. Repealed by Acts 1983, 68th Leg., p. tion, and the offense is committed by threatening 5321, ch. 977, § 12, eff. Sept. 1, 1983 a patient or resident of an institution described in Continuation of law in effect at time of offense for offenses that subsection with bodily injury, in which event committed prior to effective date of 1983 repealing act, see note the offense is a Class B misdemeanor; or under § 22.01. (2) the offense is committed against a class­ room teacher, counselor, principal, or other simi­ § 21.13. Renumbered as § 22.065 by Acts 1983, lar instructional or administrative employee of a 68th Leg., p. 5315, ch. 977, § 4, eff. primary or secondary school accredited by the Sept. 1, 1983 Texas Education Agency while engaged in per­ forming his educational duties, in which event the offense is a Class B misdemeanor. CHAPTER 22. ASSAULTIVE OFFENSES (d) An offense under Subsection (a)(3) of this Sec. section is a Class C misdemeanor unless the offense 22.01. Assault. is committed against a classroom teacher, counsel­ 22.011. Sexual Assault. or, principal, or other similar instructional or admin­ 22.02. Aggravated Assault. istrative employee of a primary or secondary school 22.021. Aggravated Sexual Assault. 22.03. Deadly Assault on Law Enforcement or Correc- accredited by the Texas Education Agency while tions Officer or Court Participant. engaged in performing his educational duties, in 22.04. Injury to a Child or an Elderly Individual. which event the offense is a Class B misdemeanor. 22.05. Reckless Conduct. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. 22.06. Consent as Defense to Assaultive Conduct. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2, 22.065. Evidence of Previous Sexual Conduct. §§ 12, 13, eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, 22.07. Terroristic Threat. ch. 135, §§ 1, 2, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 22.08. Aiding Suicide. 367, ch. 164, § 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 22.09. Tampering With Consumer Product. 5311, ch. 977, § 1, eff. Sept. 1, 1983.] § 22.01. Assault Section 13 of the 1983 amendatory act provides: "(a) The change in law made by this Act applies only to an (a) A person commits an offense if the person: offense committed on or after the effective date of this Act. (1) intentionally, knowingly, or recklessly caus­ "(b) An offense committed before the effective date of this Act es bodily injury to another, including the person's is covered by the law in effect at the time the offense was spouse; or committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense is committed (2) intentionally or knowingly threatens anoth­ before the effective date of this Act if any element of the offense er with imminent bodily injury, including the per­ occurs before the effective date." son's spouse; or (3) intentionally or knowingly causes physical § 22.011. Sexual Assault contact with another when the person knows or (a) A person commits an offense if the person: should reasonably believe that the other will re­ gard the contact as offensive or provocative. (1) intentionally or knowingly: (b) An offense under Subsection (a)(l) of this (A) causes the penetration of the anus or section is a Class A misdemeanor unless the offense vagina of another person who is not the spouse is committed by the owner or an employee of an of the actor by any means, without that per­ institution described in Subsection (a), Section 2, son's consent; Chapter 413, Acts of the 53rd Legislature, Regular (B) causes the penetration of the mouth of Session, 1953, as amended (Article 4442c, Vernon's another person who is not the spouse of the Texas Civil Statutes), or a person providing medical actor by the sexual organ of the actor, without or psychiatric treatment at an institution described that person's consent; or in that subsection, and the offense is committed by (C) causes the sexual organ of another per­ causing bodily injury to a patient or resident of an son who is not the spouse of the actor, without institution described in that subsection, in which that person's consent, to contact or penetrate event the offense is a felony of the third degree. the mouth, anus, or sexual organ of another person, including the actor; or (c) An offense under Subsection (a)(2) of this sec­ tion is a Class C misdemeanor unless: (2) intentionally or knowingly: (1) the offense is committed by the owner or an (A) causes the penetration of the anus or employee of an institution described in Subsection vagina of a child by any means; (a), Section 2, Chapter 413, Acts of the 53rd (B) causes the penetration of the mouth of a Legislature, Regular Session, 1953, as amended child by the sexual organ of the actor; or (Article 4442c, Vernon's Texas Civil Statutes), or (C) causes the sexual organ of a child to a person providing medical or psychiatric treat­ contact or penetrate the mouth, anus, or sexual ment at an institution described in that subsec- organ of another person, including the actor. § 22.011 PENAL CODE 26 (b) A sexual assault under Subsection (a)(l) of Applicability of 1983 Act to offense committed on or after this section is without the consent of the other effective date and law. governing offense committed before effec­ person if: tive date, see note under § 22.01. (1) the actor compels the other person to sub­ mit or participate by the use of physical force or § 22.02. Aggravated Assault violence; (a) A person commits an offense if the person (2) the actor compels the other person to sub­ commits assault as defined in Section 22.01 of this mit or participate by threatening to use force or code and the person: violence against the other person, and the other (1) causes serious bodily injury to another, in­ person believes that the actor has the present cluding· the person's spouse; ability to execute the threat; (2) causes bodily injury to a peace officer or a (3) the other person has not consented and the jailer or guard employed at a municipal or county actor knows the other person is unconscious or jail or by the Texas Department of Corrections physically unable to resist; when the person knows or has been informed the (4) the actor knows that as a result of mental person assaulted is a peace officer, jailer, or disease or defect the other person is at the time guard: of the sexual assault incapable either of apprais­ (A) while the peace officer, jailer, or guard is ing the nature of the act or of resisting it; lawfully discharging an official duty; or (5) the other person has not consented and the (B) in retaliation for or on account of an actor knows the other person is unaware that the sexual assault is occurring; exercise of official power or performance of an official duty as a peace officer, jailer, or guard; (6) the actor knows that the other person sub­ or mits or participates because of the erroneous belief that the actor is the other person's spouse; (3) causes bodily injury to a participant in a court proceeding when the person knows or has (7) the actor has intentionally impaired the oth­ been informed the person assaulted is a partici­ er person's power to appraise or control the other pant in a court proceeding: person's conduct by administering any substance without the other person's knowledge; or (A) while the injured person is lawfully dis­ (8) the actor compels the other person to sub­ charging an official duty; or mit or participate by threatening to use force or (B) in retaliation for or on account of the violence against any person, and the other person injured person's having exercised an official believes that the actor has the ability to execute power or performed an official duty as a partici­ the threat. pant in a court proceeding; or (c) In this section: (4) uses a deadly weapon. (1) "Child" means a person younger than 17 (b) The actor is presumed to have known the years of age who is not the spouse of the actor. person assaulted was a peace officer if he was (2) "Spouse" means a person who is legally wearing a distinctive uniform indicating his employ­ married to another, except that persons married ment as a peace officer. to each other are not treated as spouses if they do not reside together or if there is an action pend­ (c) An offense under this section is a felony of ing between them for dissolution of the marriage the third degree. or for separate maintenance. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. (d) It is a defense to prosecution under Subsec­ Amended by Acts 1979, 66th Leg., p. 367, ch. 164, § 2, eff. tion (a)(2) of this section that: Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 655, § 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 79, § 1, (1) the child was at the time of the offense 14 eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 977, years of age or older and had prior to the time of § 2, eff. Sept. 1, 1983.] the offense engaged promiscuously in conduct Section 3 of Acts 1983, 68th Leg., p. 349, ch. 79, provides: described in that subsection; or "(a) The change in law made by this Act applies only to an (2) the conduct consisted of medical care for offense committed on or after the effective date of this Act. For the child. purposes of this section, an offense is committed before the effec­ tive date of this Act if any element of the offense occurs before the (e) It is an affirmative defense to prosecution effective date. under Subsection (a)(2) of this section that the actor "(b) An offense committed before the effective date of this Act was not more than two years older than the victim. is covered by the law in effect when the offense was committed, (f) An offense under this section is a felony of the and the former law is continued in effect for this purpose." second degree. Applicability of amendment by Acts 1983, 68th Leg., p. 351, ch. · 977, § 2 to offense committed on or after effective date and law [Acts 1983, 68th Leg., p. 5312, ch. 977, § 3, eff. Sept. 1, governing offense committed before effective date, see note under 1983.] § 22.01. 27 OFFENSES AGAINST THE PERSON § 22.04

§ 22.021. Aggravated Sexual Assault (b) The actor is presumed to have known the (a) A person commits an offense if the person person assaulted was a peace officer if he was commits sexual assault as defined in Section 22.011 wearing a distinctive uniform indicating his employ­ of this code and: ment as a peace officer. (1) the person causes serious bodily injury or (c) An offense under this section is a felony of attempts to cause the death of the victim or the first degree. another person in the course of the same criminal episode; [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1521, ch. 655, § 3, eff. (2) by acts or words the person places the vic­ Sept. 1, 1979; Acts 1983, 68th Leg., p. 350, ch. 79, § 2, eff. tim in fear that death, serious bodily injury, or Sept. 1, 1983.] kidnapping will be imminently inflicted on any Section 3 of the 1983 amendatory act provides: person; "(a) The change in law made by this Act applies only to an (3) by acts or words occurring in the presence offense committed on or after the effective date of this Act. For of the victim the person threatens to cause the purposes of this section, an offense is committed before the effec· tive date of this Act if any element of the offense occurs before the death, serious bodily injury, or kidnapping of any effective date. person; "(b) An offense committed before the effective date of this Act (4) the person uses or exhibits a deadly weapon is covered by the law in effect when the offense was committed, in the course of the same criminal episode; or and the former law is continued in effect for this purpose." (5) the victim is younger than 14 years of age. (b) The defense provided by Section 22.0ll(d)(l) § 22.04. Injury to a Child or an Elderly Individu­ of this code and the affirmative defense provided by al Section 22.011(e) of this code do not apply to this (a) A person commits an offense if he intentional­ section. The defense provided by Section 22.- ly, knowingly, recklessly, or with criminal negli­ 011(d)(2) of this section does apply to this section. gence, by act or omission, engages in conduct that (c) An offense under this section is a felony of causes to a child who is 14 years of age or younger 'the first degree. or to an individual who is 65 years of age or older: [Acts 1983, 68th Leg., p. 5312, ch. 977, § 3, eff. Sept. 1, (1) serious bodily injury; 1983.] (2) serious physical or mental deficiency or im­ Applicability of 1983 Act to offense committed on or after pairment; effective date and law governing offense committed before effec­ (3) disfigurement or deformity; or tive date, see note under § 22.01. (4) bodily injury. § 22.03. Deadly Assault on Law Enforcement or (b) An offense under Subsection (a)(l), (2), or (3) Corrections Officer or Court Partici­ of this section is a felony of the first degree when pant the conduct is committed intentionally or knowingly. (a) A person commits an offense if, with a fire­ When the conduct is engaged in recklessly it shall arm or a prohibited weapon, he intentionally or be a felony of the third degree. knowingly causes serious bodily injury: (1) to a peace officer or a jailer or guard em­ (c) An offense under Subsection (a)(4) of this sec­ ployed at a municipal or county jail or by the tion is a felony of the third degree when the conduct Texas Department of Corrections where he knows is committed intentionally or knowingly. When the or has been informed the person assaulted is a conduct is engaged in recklessly it shall be a Class peace officer, jailer, or guard: A misdemeanor. (A) while the peace officer, jailer, or guard is (d) An offense under Subsection (a) of this section acting in the lawful discharge of an official when the person acts with criminal negligence shall duty; or be a Class A misdemeanor. (B) in retaliation for or on account of an [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. exercise of official power or performance of an Amended by Acts 1977, 65th Leg., p. 2067, ch. 819, § 1, eff. official duty as a peace officer, jailer, or guard; Aug. 29, 1977; Acts 1979, 66th Leg., p. 365, ch. 162, § 1, or eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 472, ch. 202, (2) to a participant in a court proceeding when § 4, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2397, ch. he knows or has been informed that the person 604, § 1, eff. Sept. 1, 1981.] assaulted is a participant in a court proceeding: Acts 1981, 67th Leg., p. 472, ch. 202, § 5, provides: "This Act applies only to offenses committed on or after its (A) while the injured person is in the lawful effective date. A criminal action for an offense committed before discharge of official duty; or this Act's effective date is governed by the law in existence before (B) in retaliation for or on account of the the effective date, and that law is continued in effect for this injured person's having exercised an official purpose as if this Act were not in force. For the purposes of this section, an offense is committed on or after the effective date of power or performed an official duty as a partici­ this Act if every element of the offense occurs on or after the pant in a court proceeding. effective date." § 22.05 PENAL CODE 28

§ 22.05. Reckless Conduct (c) The court shall seal the record of the in cam­ (a) A person commits an offense if he recklessly era hearing required in Subsection (b) of this section engages in conduct that places another in imminent for delivery to the appellate court in the event of an danger of serious bodily injury. appeal. (d) This section does not limit the right of the (b) Recklessness and danger are presumed if the state or the accused to impeach credibility by show­ actor knowingly pointed a firearm at or in the ing prior felony convictions nor the right of the direction of another whether or not the actor be­ accused to produce evidence of promiscuous sexual lieved the firearm to be loaded. conduct of a child 14 years old or older as a defense (c) An offense under this section is a Class B to sexual assault, aggravated sexual assault, or misdemeanor. indecency with a child. If evidence of a previous felony conviction involving sexual conduct or evi­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] . dence of promiscuous sexual conduct is admitted, the court shall instruct the jury as to the purpose of § Z2.06. Consent as Defense to Assaultive Con­ the evidence and as to its limited use. duct [Acts 1975, 64th Leg., p. 477, ch. 203, § 3, eff. Sept. 1, 1975. Renumbered from § 21.13 and amended by Acts · The victim's effective consent or the actor's rea­ 1983, 68th Leg., p. 5315, ch. 977, § 4, eff. Sept. 1, 1983.] sonable belief that the victim consented to the ac­ Subsection 7(b) of the 1975 act provided: tor's conduct is a defense to prosecution under "Sections 3 and 6 of this Act apply to the prosecution of criminal Section 22.01 (Assault), 22.02 (Aggravated Assault), offenses committed but not brought to trial before the effective or 22.05 (Reckless Conduct) of this code if: date of this Act." (1) the conduct did not threaten or inflict seri­ § 22.07. Terroristic Threat ous bodily injury; or (2) the victim knew the conduct was a risk of: (a) A person commits an offense if he threatens (A) his occupation; to commit any offense involving violence to any person or property with intent to: (B) recognized medical treatment; or (1) cause a reaction of any type to his threat by (C) a scientific experiment conducted by rec­ an official or volunteer agency organized to deal ognized methods. with emergencies; [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (2) place any person in fear of imminent serious 1974.] bodily injury; or (3) prevent or interrupt the occupation or use § 22.065. Evidence of Previous Sexual Conduct of a building; room; place of assembly; place to (a) Evidence of specific instances of the victim's which the public has access; place of employment sexual conduct, opinion evidence of the victim's or occupation; aircraft, automobile, or other form sexual conduct, and reputation evidence of the vic­ of conveyance; or other public place; or tim's sexual conduct may be admitted under Sec­ (4) cause impairment or interruption of public tions 22.011 and 22.021 of this code only if, and only communications, public transportation, public to the extent that, the judge finds that the evidence water, gas, or power supply or other public ser­ is material to a fact at issue in the case and that its vice. inflammatory or prejudicial nature does not out­ (b) An offense under Subdivision (1) or (2) of weigh its probative value. Subsection (a) of this section is a Class B misde­ meanor. An offense under Subdivision (3) of Sub­ (b) If the defendant proposes to ask any question concerning specific instances, opinion evidence, or section (a) of this section is a Class A misdemeanor. reputation evidence of the victim's sexual conduct, An offense under Subdivision (4) of Subsection (a) either by direct examination or cross-examination of of this section is a felony of the third degree. any witness, the defendant must inform the court [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. out of the hearing of the jury prior to asking any Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 2, eff. such question. After this notice, the court shall Aug. 27, 1979.] conduct an in camera hearing, recorded by the court § 22.08. Aiding Suicide reporter, to determine whether the proposed evi­ dence is admissible under Subsection (a) of this (a) A person commits an offense if, with intent to section. The court shall determine what evidence is promote or assist the commission of suicide by admissible and shall accordingly limit the question­ another, he aids or attempts to aid the other to ing. The defendant shall not go outside these limits commit or attempt to commit suicide. nor refer to any evidence ruled inadmissible in cam­ (b) An offense under this section is a Class C · era without prior approval of the court without the misdemeanor unless the actor's conduct causes sui­ presence of the jury. cide or attempted suicide that results in serious 29 OFFENSES AGAINST THE FAMILY § 25.02

bodily injury, in which event the offense is a felony (B) lives with a person other than his spouse of the third degree. in this state under the appearance of being [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, married; or 1974.] (2) he knows that a married person other than his spouse is married and he: § 22.09. Tampering With Consumer Product (A) purports to marry or does marry that (a) In this section: person in this state, or any other state or for­ (1) "Consumer Product" means any product of­ eign country, under circumstances that would, fered for sale to or for consumption by the public but for the person's prior marriage, constitute a and includes "food" and "drugs" as those terms marriage; or are defined in Section 2, Texas Food, Drug and (B) lives with that person in this state under Cosmetic Act, as amended (Article 4476-5, Ver­ the appearance of being married. non's Texas Civil Statutes). (b) For purposes of this section, "under the ap­ (2) "Tamper" means to alter or add a foreign pearance of being married" means holding out that substance to a consumer product to make it prob­ the parties are married with cohabitation and an able that the consumer product will cause serious intent to be married by either party. bodily injury. (c) It is a defense to prosecution under Subsection (b) A person commits an offense if he knowingly (a)(l) of this section that the actor reasonably be­ or intentionally tampers with a consumer product lieved that his marriage was void or had been knowing that the consumer product will be offered dissolved by death, divorce, or annulment. for sale to the public or as a gift to another. (c) An offense under this section is a felony of (d) For the purposes of this section, the lawful the third degree unless a person suffers serious wife or husband of the actor may testify both for or bodily injury, in which event it is a felony of the against the actor concerning proof of the original first degree. marriage. [Acts 1983, 68th Leg., p. 2812, ch. 481, § 1, eff. Sept. 1, (e) An offense under this section is a felony of 1983.] the third degree. Section 2 of the 1983 Act provides: [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, "(a) The change in law made by this Act applies only to an 1974.] offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effec· tive date of this Act if any element of the offense occurs before the § 25.02. Incest effective date. (a) An individual commits an offense if he en­ "(b) An offense committed before the effective date of this Act gages in sexual intercourse or deviate sexual inter­ is covered by the law in effect when the offense was committed, and the former law is continued in effect for this purpose." course with a person he knows to be, without re­ gard to legitimacy: TITLE 6. OFFENSES AGAINST (1) his ancestor or descendant by blood or THE FAMILY adoption; (2) his stepchild or stepparent, while the mar­ CHAPTER 25. OFFENSES AGAINST riage creating that relationship exists; THE FAMILY (3) his parent's brother or sister of the whole or Sec. half blood; 25.01. Bigamy. (4) his brother or sister of the whole or half 25.02. Incest. blood or by adoption; or 25.03. Interference with Child Custody. 25.04. Enticing a Child. (5) the children of. his brother or sister of the 25.05. Criminal Nonsupport. whole or half blood or by adoption. 25.06. Sale or Purchase of Child. (b) For purposes of this section: 25.06. Solicitation of a Child. (1) "Deviate sexual intercourse" means any 25.07. Harboring Runaway Child. contact between the genitals of one person and 25.08. Violation of Court Order. the mouth or anus of another person with intent § 25.01. Bigamy to arouse or gratify the sexual desire of any (a) An individual commits an offense if: person. (1) he is legally married and he: (2) "Sexual intercourse" means any penetration (A) purports to marry or does marry a per­ of the female sex organ by the male sex organ. son other than his spouse in this state, or any (c) An offense under this section is a felony of other state or foreign country, under circum­ the third degree. stances that would, but for the actor's prior [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, marriage, constitute a marriage;· or 1974.] § 25.03 PENAL CODE 30

§ 25.03. Interference with Child Custody (f) It is an affirmative defense to prosecution (a) A person commits an· offense if he takes or under this section that the actor could not provide retains a child younger than 18 years out of this the support that he was legally obligated to provide. state when he: (g) During the pendency of a prosecution under (1) knows that his taking or retention violates this section, the court, after notice and a hearing, the express terms of a judgment or order of a may enter temporary orders providing for support court disposing of the child's custody; or and enforce such orders by contempt proceedings. (2) has not been awarded custody of the child by a court of competent jurisdiction and knows (h) Except as provided in Subsection (i) of this that a suit for divorce, or a civil suit or application section, an offense under this section is a Class A for habeas corpus to dispose of the child's custo- misdemeanor. dy, has been filed. · (i) An offense under this section is a felony of the (b) It is a defense to prosecution under Subsec­ third degree if the actor: tion (a)(2) of this section that the actor returned the (1) has been convicted one or more times under child to this state within seven days after the date this section; or of the commission of the offense. (2) commits the offense while residing in anoth­ (c) An offense under this section is a felony of er state. the third degree. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. 1974.] Amended by Acts 1979, 66th Leg., p. 1111, ch. 527, § 1, eff. Aug. 27, 1979.] I So in enrolled bill; probably shonld read "is".

§ 25.04. Enticing a Child Acts 1975, 64th Leg., p. 912, ch. 342, § 16, repealed Penal Code (1925), arts. 602 and 602-A (source articles of this section), as (a) A person commits an offense if, with the amended by Acts 1973, 63rd Leg., p. 603, ch. 257, §§ 1, 2 and art. intent to interfere with the lawful custody of a child 602-B, as added by § 3 of the 1973 Act. younger than 18 years, he knowingly entices, per­ For saving provisions see note set out under Section 1.07. suades, or takes the child from the custody of the parent or guardian or person standing in the stead § 25.06. Sale or Purchase of Child of the parent or guardian of such child. (b) An offense under this section is a Class B Text as added by Acts 1977, 65th Leg., p. 81, ch. misdemeanor. 38, § 1, and amended by Acts 1981, 67th Leg., p. 2211, ch. 514, § 1 [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] (a) A person commits an offense if he: (1) possesses a child or has the custody, conser­ § 25.05. Criminal Nonsupport vatorship, or guardianship of a child, whether or (a) An individual commits an offense if he inten­ not he has actual possession of the child, and he tionally or knowingly fails to provide support that offers to accept, agrees to accept, or accepts a he can provide and that he was 1 legally obligated to thing of value for the delivery of the child to provide for his children younger than 18 years, or another or for the possession of the child by for his spouse who is in needy circumstances. another for purposes of adoption; or (b) Proof that the actor has contributed no sup­ (2) offers to give, agrees to give, or gives a port or insufficient support to his child, or to his thing of value to another for acquiring or main­ spouse who is in needy circumstances, is prima facie taining the possession of a child for the purpose evidence of a violation of this section. of adoption. (c) For purposes of this section, "insufficient sup­ (b) It is an exception to the application of this port" means support less than the support needed section that the thing of value is: by a child or spouse to meet the minimal require­ (1) a fee paid to a child-placing agency as au­ ments of the child or spouse necessary for food, thorized by law; clothing, shelter, and medical care. (2) a fee paid to an attorney or physician for (d) For purposes of this section, "child" includes a services rendered in the usual course of legal or child born out of wedlock whose paternity has been medical practice; or admitted by the actor or has been established in a (3) a reimbursement of legal· or medical ex­ civil suit. penses incurred by a person for the benefit of the (e) Under this section, a conviction may be had on child. the uncorroborated testimony of a party to the (c) An offense under this section is a felony of offense and a spouse shall be a competent witness. the third degree unless the actor has been convicted 31 OFFENSES AGAINST THE FAMILY § 25.08

previously under this section, in which event the (b) It is a defense to prosecution under this sec­ offense is a felony of the second degree. tion that the actor was related to the child within [Acts 1977, 65th Leg., p. 81, ch. 38, § 1, eff. March 30, the second degree by consanguinity or affinity. 1977. Amended by Acts 1981, 67th Leg., p. 2211, ch. 514, (c) It is a defense to prosecution under this sec­ § 1, eff. Sept. 1, 1981.] tion that the actor notified: (1) the person or agency from which the child For text of section added by Acts 1977, escaped or a law enforcement agency of the pres­ 65th Leg., p. 1115, ch. 413, § 1, see§ 25.06, ence of the child within 24 hours after discovering post that the child had escaped from custody; or Section 2 of the 1981 amendatory act provides: (2) a law enforcement agency or a person at the "(a) The change in law made by this Act applies only to the punishment for offenses committed on or after its effective date. child's home of the presence of the child within 24 For purposes of this section, an offense is committed on or after hours after discovering that the child was volun­ the effective date of this Act only if each element of the offense tarily absent from home without the consent of occurs on or after the effective date. the child's parent or guardian. "(b) An offense committed before the effective date of this Act (d) An offense under this section is a Class A is covered by the law in effect when the offense was committed, and the former law is continued in effect for this purpose." misdemeanor. (e) On the receipt of a report from a peace offi­ § 25.06. Solicitation of a Child cer, probation officer, the Texas Youth Council, a Text as added by Acts 1977, 65th Leg., p. foster home, or a detention facility for children that 1115, ch. 413, § 1 a child has escaped its custody or upon receipt of a report from a parent, guardian, conservator, or .le­ (a) A person commits an offense if he entices, gal custodian that a child is missing, a law enfO~f!e: persuades, or invites a child younger than 14 years ment agency shall immediately enter a record of the to enter a vehide, building, structure, or enclosed child into the National Crime Information Center. area with intent to engage in or propose engaging [Acts 1979, 66th Leg., p. 1155, ch. 558, § 1, eff. Sept. 1, in sexual intercourse, deviate sexual intercourse, or 1979. Amended by Acts 1983, 68th Leg., p. 4750, ch. 831, sexual contact with the child or with intent to ex­ p. 4750, § 1, eff. Sept. 1, 1983.] pose his anus or any part of his genitals to the child. (b) The definitions of "sexual intercourse," "devi­ § 25.08. Violation of Court Order ate sexual intercourse," and "sexual contact" in (a) A person commits an offense if, in violation of Chapter 21 of this code 1 apply to this section. an order issued under Section 3.581 or Section 7Lll, (c) An offense under this section is a Class A Family Code, he knowingly or intentionally: misdemeanor unless the actor takes the child out of (1) commits family violence; the' county of residence of the parent, guardian, or · (2) directly communicates with a member of the p'efsp~ standing in the stead of the parent or guardi­ family or household in a threatening or harassing an of .. the child, in which event the offense is a manner; or felony ofthe third degree. (3) goes to or near the residence or place of employment or business of a member of the fami­ [Acts 1977, 65th Leg., p. 1115, ch. 413, § 1, eff. June 15, 1977.] ly or household as specifically described in the protective order. I See § 21.01. (b) For the purposes of this section, "family vio­ For text of section added by Acts 1977, lence," "family," "household," and "member of a 65th Leg., p. 81, ch. 38, § 1, and amended household" have the following meanings, as given by Acts 1981, 67th Leg., p. 2211, ch. 514, in Section 71.01, Family Code: § 1, see§ 25.06, ante (1) "Family violence" means the intentional use or threat of physical force by a member of a § 25.07. Harboring Runaway Child family or household against another member of (a) A person commits an offense if he knowingly the family or household, but does not include the harbors a child and he is criminally negligent about reasonable discipline of a child by a person having whether the child: that duty. · (1) is younger than 18 years; and (2) "Family" includes individuals related by (2) has escaped from the custody of a peace consanguinity or affinity, individuals who are for­ officer, a probation officer, the Texas Youth mer spouses of each other, and a foster child and Council, or a detention facility for children, or is foster parent, whether or not those individuals voluntarily absent from the child's home without reside together. the consent of the child's parent or guardian for a (3) "Household" means a unit composed of per­ substantial length of time or without the intent to . sons living together in the same dwelling, wheth­ return. er or not they are related to each other. WTSC Penal-3 § 25.08 PENAL CODE 32

(4) "Member of a household" includes a former § 28.02. Arson member of a household who has filed an applica­ (a) A person commits an offense if he starts a tion or for whom protection is sought as provided fire or causes an explosion with intent to destroy or by Subsection (c) of Section 71.04, Family Code. damage any building, habitation, or vehicle: (c) If conduct constituting an offense under this (1) knowing that it is within the limits of an section also constitutes an offense under another incorporated city or town; section of this code, the actor may be prosecuted (2) knowing that it is insured against damage under either section or under both sections. or destruction; (d) An offense under this section is a Class B (3) knowing that it is subject to a mortgage or misdemeanor. other security interest; [Acts 1983, 68th Leg., p. 4049, ch. 631, § 3, eff., Sept. 1, (4) knowing that it is located on property be­ 1983.] longing to another; Section 4 of the 1983 Act provides: (5) knowing that it has located within it proper­ "Section 25.08, Penal Code, as added by this Act applies only to: ty belonging to another; or "(1) an order issued on or after the effective date of this Act; or (6) when he is reckless about whether the burn­ "(2) an order issued before the effective date of this Act and ing or explosion will endanger the life of some amended after the effective date of this Act to include the prohibi­ individual or the safety of the property of anoth­ tions required by Subsection (b), Section 71.11, Family Code." er. (b) It is a defense to prosecution under Subsec­ TITLE 7. OFFENSES AGAINST tion (a)(l) of this section that prior to starting the PROPERTY fire or causing the explosion, the actor obtained a CHAPTER 28. ARSON, CRIMINAL MISCHIEF, permit or other written authorization granted in AND OTHER PROPERTY DAMAGE OR accordance with a city ordinance, if any, regulating DESTRUCTION fires and explosions. (c) An offense under this section is a felony of Sec. 28.01. Definitions. the second degree, unless bodily injury or death is 28.02. Arson. suffered by any person by reason of the commission 28.03. Criminal Mischief. of the offense, in which event it is a felony of the 28.04. Reckless Damage or Destruction. first degree. 28.05. Actor's Interest in Property. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. 28.06. Amount of Pecuniary Loss. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, § 2, eff. § 28.01. Definitions Sept. 1, 1979; Acts 1981, 67th Leg., p. 1837, ch. 425, § 1, eff. Sept. 1, 1981.] In this chapter: Section 3 of the 1979 amendatory act provided: (1) "Habitation" means a structure or vehicle "This Act applies only to offenses committed on or after its that is adapted for the overnight accommodation effective date, and a criminal action for an offense committed before this Act takes effect is governed by the law existing before of persons and includes: the effective date, which law is continued in effect for this purpose (A) each separately secured or occupied por­ as if this Act were not in force. For purposes of this section, an tion of the structure or vehicle; and offense is committed on or after the effective date of this Act if (B) each structure appurtenant to or connect­ any element of the offense occurs on or after the effective date." ed with the structure or vehicle. Section 2 of the 1981 amendatory act provides: "This Act applies only to offenses committed on or after its (2) "Building" means any structure or enclo­ effective date. A criminal action for an offense committed before sure intended for use or occupation as a habita­ this Act's effective date is governed by the law in existence before tion or for some purpose of trade, manufacture, the effective date, and that law is continued in effect for this ornament, or use. purpose as if this Act were not in force. For the purposes of this section, an offense is committed before the effective date of this (3) "Property" means: Act if any element of the offense occurs before the effective date." (A) real property; (B) tangible or intangible personal property, § 28.03. Criminal Mischief including anything severed from land; or (a) A person commits an offense if, without the (C) a document, including money, that repre­ effective consent of the owner: sents or embodies anything of value. (1) he intentionally or knowingly damages or (4) "Vehicle" includes any device in, on, or by destroys the tangible property of the owner; or which any person or property is or may be pro­ (2) he intentionally or knowingly tampers with pelled, moved, or drawn in the normal course of the tangible property of the owner and causes commerce or transportation. pecuniary loss or substantial inconvenience to the owner or a third person. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1216, ch. 588, § 1, eff. (b) An offense under this section is: Sept. 1, 1979.] (1) a Class C misdemeanor if: 33 OFFENSES AGAINST PROPERTY § 28.06 (A) the amount of pecuniary loss is less than Section 6 of the 1983 amendatory act provides: $20; or "(a) The change in law made by this Act applies only to the punishment for an offense committed on or after the effective date (B) except as provided in Subdivision (4)(B) of of this Act. For purposes of this section, an offense is committed this subsection, it causes substantial inconven­ before the effective date of this Act if any element of the offense ience to others; occurs before the effective date. (2) a Class B misdemeanor if the amount of "(b) An offense committed before the effective date of this Act pecuniary loss is $20 or more but less than $200; is covered by the law in effect when the offense was committed, (3) a Class A misdemeanor if the amount of and the former law is continued in effect for this purpose." pecuniary loss is $200 or more but less than $750; § 28.04. Reckless Damage or Destruction (4) a felony of the third degree if: (A) the amount of pecuniary loss is $750 or (a) A person commits an offense if, without the more but less than $20,000; effective consent of the owner, he recklessly dam­ (B) regardless of the amount of pecuniary ages or destroys property of the owner. loss, the actor causes in whole or in part impair­ (b) An offense under this section is a Class C ment or interruption of public communications, misdemeanor. public transportation, public water, gas, or pow­ er supply, or other public service, or diverts, or [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, causes to be diverted in whole, in part, or in any 1974.] manner, including installation or removal of any device for such purpose, any public commu­ § 28.05. Actor's Interest in Property nications, public water, gas, or power supply; It is no defense to prosecution under this chapter (C) regardless of the amount of pecuniary that the actor has an interest in the property dam­ loss, the property is one or more head of cattle, aged or destroyed if another person also has an horses, sheep, swine, or goats; interest that the actor is not entitled. to infringe. (D) regardless of the amount of pecuniary [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, loss, the property was a fence used for the 1974.] production of cattle, horses, sheep, swine, or goats; or § 28.06. Amount of Pecuniary Loss (E) regardless of the amount of pecuniary (a) The amount of pecuniary loss under this chap­ loss, the damage or destruction was inflicted by ter, if the property is destroyed, is: branding one or more head of cattle, horses, (1) the fair market value of the property at the sheep, swine, or goats. time and place of the destruction; or (5) a felony of the second degree if the amount (2) if the fair market value of the property of the pecuniary loss is $20,000 or more. cannot be ascertained, the cost of replacing the (c) For the purposes of this section, it shall be property within a reasonable time after the de­ presumed that a person in whose name public com­ struction. munications, public water, gas, or power supply is or was last billed and who is receiving the economic (b) The amount of pecuniary loss under this chap­ benefit of said communication or supply, has know­ ter, if the property is damaged, is the cost of ingly tampered with the tangible property of the repairing or restoring the damaged property within owner if the communication or supply has been: a reasonable time after the damage occurred. (1) diverted from passing through a metering (c) The amount of pecuniary loss under this chap­ device; or ter for documents, other than those having a readily (2) prevented from being correctly registered ascertainable market value, is: by a metering device; or (1) the amount due and collectible at maturity (3) activated by any device installed to obtain less any part that has been satisfied, if the docu­ public communications, public water, gas, or pow­ ment constitutes evidence of a debt; or er supply without a metering device. (2) the greatest amount of economic loss that (d) The term public communication, public trans­ the owner might reasonably suffer by virtue of portation, public water, gas, or power supply, or the destruction or damage if the document is other public service shall mean, refer to, and include other than evidence of a debt. any such services subject to regulation by the Pub­ (d) If the amount of pecuniary loss cannot be lic Utility Commission of Texas or the Railroad ascertained by the criteria set forth in Subsections Commission of Texas or any such services enfran­ (a) through (c) of this section, the amount of loss is chised by the State of Texas or any political subdivi­ deemed to be greater than $200 but less than $750. sion thereof. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. (e) If the actor proves by a preponderance of the Amended by Acts 1981, 67th Leg., p. 66, ch. 29, § 1, eff. evidence that he gave consideration for or had a Aug. 31, 1981; Acts 1983, 68th Leg., p. 2917, ch. 497, § 1, legal interest in the property involved, the value of eff. Sept. 1, 1983.] the interest so proven shall be deducted from: § 28.06 PENAL CODE 34

(1) the a.nount of pecuniary loss if the property (1) causes serious bodily injury to another; or is destroy~d; or (2) uses or exhibits a deadly weapon. (2) the amount of pecuniary loss to the extent (b) An offense under this section is a felony of of an amount equal to the ratio the value of the the first degree. int~rest bears to the total value of the property, if [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, the1property is damaged. 1974.] [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2918, ch. 497, § 2, CHAPTER 30. BURGLARY AND eff. Sept. 1, 1983.] CRIMINAL TRESPASS Section 6 of the 1983 amendatory act provides: "{a) The change in law made by this Act applies only to the Sec. punishment for an offense committed on or after the effective date 30.01. Definitions. of this Act. For purposes of this section, an offense is committed 30.02. Burglary. before the effective date of this Act if any element of the offense 30.03. Burglary of Coin-Operated ·Machines. occurs before the effective date. 30.04. Burglary of Vehicles. "(b) An offense committed before the effective date of thi~ Act 30.05. Criminal Trespass. is covered by the law in effect when the offense was committed, and the former law is continued in effect for this purpose." § 30.01. Definitions CliAPTER 29. ROBBERY In this chapter: (1) "Habitation" means a structure or vehicle Sec. that is adapted for the overnight accommodation 29.01. Definitions. of persons, and includes: · 29.02. Robbery. 29.03. Aggravated Robbery. (A) each separately secured or occupied por­ tion of the structure or vehicle; and § 29.01. Definitions (B) each structure appurtenant to or connect­ In this chapter: ed with the structure or vehicle. (2) "Building" means any enclosed ~tr~cture (1) "In the course of committing theft" mea~s conduct that occurs in an attempt to commit, intended for use or occupation as a hab1tat1on or during the commission, or in immediate flight for some purpose of trade, manufacture, orna­ after the attempt or commission of theft. ment, or use. (2) "Property" means: (3) "Vehicle" includes any dt;vice in, on, or by which any person or property is or may be pro­ (A) tangible or intangible personal property pelled, moved, or drawn in the normal cours~ of including anything severed from land; or commerce or transportation, except such devices (B) a document, including money; that repre- as are classified as "habitation." sents or embodies anything of value. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] 1974.] § 30.02. Burglary § 29.02. Robbery (a) A person commits an offense if, without the , (a) A person commits a~ off~nse if, in the cour~e effective consent of the owner, he: of committing theft as defmed. m Chapter 31 of this (1) enters a habitation, or a building (or a~y code 1 and with intent to obtain or maintain control portion of a building) not then open to the pubhc, of the property, he: with intent to commit a felony or theft; or (1) intentionally, knowingly, or recklessly caus­ (2) remains concealed, _wi~h intent t~ co!Ilmit a es bodily injury to another; or felony or theft, in a bmldmg or hab1tat10n; .or (2) intentionally or knowin~ly thre~te~s. or (3) enters a building or habitation and commits places another in fear of immment bodily m1ury or attempts to commit a felony or theft. or death. (b) For purposes of this section, "enter" means to (b) An offense under this section is a felony of intrude: the second degree. (1) any part of the body; or [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (2) any physical object connected with the body. 1974.] (c) Except as provided in. Subs~cti~n (d) of this I Section 31.01 'et seq. section, an offense under this sect10n 1s a felony of § 29.03. Aggravated Robbery .the second degree. (a) A person commits an offense if ~e commits (d) An offense under this section is a felony of robbery as defined in Section 29.02 of this code, and the first degree if: he: (1) the premises are a habitation; or 35 OFFENSES AGAINST PROPERTY § 31.01

(2) any party to the offense is armed with ly to come to the attention of intruders, indicat­ explosives or a deadly weapon; or ing that entry is forbidden. (3) any party to the offense injures or attempts (c) An offense under this section is a Class B to injure anyone in effecting entry or while in the misdemeanor unless it is committed in a habitation building or in immediate flight from the building. or the actor carries a deadly weapon on or about his [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, person during the commission of the offense, in 1974.] which event it is a Class A misdemeanor. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. § 30.03. Burglary of Coin-Operated Machines Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 3, eff. (a) A person commits an offense if, without the Aug. 27, 1979; Acts 1981, 67th Leg., p. 2385, ch. 596, § 1, effective consent of the owner, he breaks or enters eff. Sept. 1, 1981.] into any coin-operated machine or other coin-operat­ Section 2 of the 1981 amendatory act provides: ed contrivance, apparatus, or equipment used for "This Act applies only to offenses committed on or after its the purpose of providing lawful amusement, sales effective date, and a criminal action for an offense committed of goods, services, or other valuable things, or before this Act's effective date is governed by the Jaw in existence at the time the offense was committed. That law is continued in telecommunications with intent to obtain property effect for this purpose as if this Act were not in force. For the or services. purpose of this section, an offense is committed on or after the effective date of this Act if any element of the offense occurred on (b) For purposes of this section, "entry" includes or after the effective date." every kind of entry except one made with the effec­ tive consent of the owner. CHAPTER 31. THEFT (c) An offense under this section is a Class A misdemeanor. Sec. 31.01. Definitions. [Acts 1973, 63rd Leg., p. 883, ch. 399, § l, eff. Jan. 1, 1974.] 31.02. Consolidation of Theft Offenses. 31.03. Theft. § 30.04. Burglary of Vehicles 31.04. Theft of Service. 31.05. Theft of Trade Secrets. (a) A person commits an offense if, without the 31.06. Presumption for Theft by Check. effective consent of the owner, he breaks into or 31.07. Unauthorized Use of a Vehicle. enters a vehicle or any part of a vehicle with intent 31.08. Value. to commit any felony or theft. 31.09. Aggregation of Amounts Involved in Theft. 31.10. Actor's Interest in Property. (b) For purposes of this section, "enter" means to 31.11. Tampering with identification Numbers. intrude: 31.12. Unauthorized Use of Television Decoding and In­ (1) any part of the body; or terception Device. (2) any physical object connected with the body. 31.13. Manufacture, Sale, or Distribution of Television (c) An offense under this section is a felony of Decoding and Interception Device. the third degree. § 31.01. Definitions [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] • In this chapter: (1) "Coercion" means a threat, however com­ § 30.05. C""riminal Trespass municated: (a) A person commits an offense if he enters or (A) to commit an offense; remains on property or in a building of another (B) to inflict bodily injury in the future on without effective consent and he: the person threatened or another; (1) had notice that the entry was forbidden; or (C) to accuse a person of any offense; or (2) received notice to depart but failed to do so. (D) to expose a person to hatred, contempt, (b) For purposes of this section: or ridicule; (1) "entry" means the intrusion of the entire (E) to harm the credit or business repute of body; and any person; or (2) "notice" means: (F) to take or withhold action as a public (A) oral or written communication by the servant, or to cause a public servant to take or owner or someone with apparent authority to withhold action. act for the owner; (2) "Deception" means: (B) fencing or other enclosure obviously de­ (A) creating or confirming by words or con­ signed to exclude intruders or to contain live­ duct a false impression of law or fact that is stock; or likely to affect the judgment of another in the (C) a sign or signs posted on the property or transaction, and that the actor does not believe at the entrance to the building, reasonably like- to be true; § 31.01 PENAL CODE 36 (B) failing to correct a false impression of (C) a document, including money, that repre­ law or fact that is likely to affect the judgment sents or embodies anything of value. of another in the transaction, that the actor (7) "Service" includes: previously created or confirmed by words or (A) labor and professional service; conduct, and that the actor does not now be­ (B) telecommunication, public utility, and lieve to be true; transportation service; (C) preventing another from acquiring infor­ (C) lodging, restaurant service, and enter­ mation likely to affect his judgment in the tainment; and transaction; (D) the supply of a motor vehicle or other (D) selling or otherwise transferring or en­ property for use. cumbering property without disclosing a lien, (8) "Steal" means to acquire property or ser- security interest, adverse claim, or other legal vice by theft. impediment to the enjoyment of the property, whether the lien, security interest, ·claim, or [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. impediment is or is not valid, or is or is not a Amended by Acts 1975, 64th Leg., p. 914, ch. 342, § 9, eff. matter of official record; or Sept. 1, 1975.) (E) promising performance that is likely to For saving provisions see note set out under Section 1.07. affect the judgment of another in the transac­ § 31.02. Consolidation of Theft Offenses tion and that the actor does not intend to per: form or knows will not be performed, except Theft as defined in Section 31.03 of this code that failure to perform the promise in issue constitutes a single offense superseding the sepa­ without other evidence of intent or knowledge rate offenses previously known as theft, theft by is not sufficient proof that the actor did not false pretext, conversion by a bailee, theft from the intend to perform or knew the promise would person, shoplifting, acquisition of property by not be performed. threat, swindling, swindling by worthless che_ck, embezzlement, extortion, receiving or concealmg (3) "Deprive" means: embezzled property, and receiving or concealing sto­ (A) to withhold property from the owner per­ len property. manently or for so extended a period of time [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, that a major portion of the value or enjoyment 1974.) of the property is lost to the owner; (B) to restore property only upon payment of § 31.03. Theft reward or other compensation; or · (a) A person commits an offense if he unlawfully (C) to dispose of property in a manner that . appropriates property with intent to deprive the makes recovery of the property by the owner owner of property. unlikely. (b) Appropriation of property is unlawful if: (4) "Effective consent" includes consent by a person legally authorized to act for the owner. (1) it is without the owner's effective consent; Consent is not effective if: or (A) induced by deception or coercion; (2) the property is stolen and the actor appro­ priates the property knowing it was stolen by (B) given by a person the actor knows is not another. legally authorized to act for the owner; (c) For purposes of Subsection (b)(2) of this sec­ (C) given by a person who by. rea~on . of youth, mental disease or defect, or mtox1cat10n tion: is known by the actor to be unable to make (1) evidence that the actor has previously par­ reasonable property dispositions; or ticipated in recent transactions at.her. than, b~t similar to that which the prosecut10n 1s based 1s (D) given solely to detect the commission of admissibl~ for the purpose of showing knowledge an offense. or intent and the issues of knowledge or intent (5) "Appropriate" means: are raised by the actor's plea of not guilty; (A) to bring about a transfer or purp?rted (2) the testimony of an accomplice shall be cor­ transfer of title to or other nonpossessory mter­ roborated by proof that tends to connect the actor _est in property, whether to the actor or another; to the crime but the actor's knowledge or intent or may be est~blished by the uncorroborated testi­ (B) to acquire or otherwise exercise control mony of the accomplice; over property other than real property. (3) an actor engaged in the business of buying (6) "Property" means: and selling used or secondhand personal property, (A) real property; or lending money on the security of personal (B) tangible or intangible personal property property deposited with him, is presumed to know including anything severed from land; or upon receipt by the actor of stolen property (other 37 OFFENSES AGAINST PROPERTY § 31.03

than a motor vehicle subject to Article 6687-1, (iii) equipment designed for use in remedial Vernon's Texas Civil Statutes) that the property or diagnostic operations on gas or crude pe­ has been previously stolen from another if the troleum oil wells; actor pays for or loans against the property $25 (B) the value of the property stolen is $20,- or more (or consideration of equivalent value) and 000 or more; or the actor knowingly or recklessly: (C) regardless of the value, the property was (i) fails to record the name, address, and unlawfully appropriated or attempted to be un­ physical description or identification number of lawfully appropriated by threat to commit a the seller or pledgor; felony offense against the person or property (ii) fails to record a complete description of of the person threatened or another or to with­ the property, including the serial number, if hold information about the. location or purport­ reasonably available, or other identifying char­ ed location of a bomb, poison, or other harmful acteristics; or object that threatens to harm the person or (iii) fails to obtain a signed warranty from property of the person threatened or another the seller or pledgor that the seller or pledgor person. has the right to possess the property. It is the (e) An offense described for purposes of punish­ express intent of this provision that the pre­ ment by Subsection (d) of this section is increased to sumption arises unless the actor complies with the next higher category of offense if it is shown on each of the numbered requirements. the trial of the offense that: (4) for the purposes of Subparagraph (i) above, (1) the actor was a public servant at the time of "identification number" means driver's license the offense; and number, military identification number, identifica­ (2) the property appropriated came into the ac­ tion certificate, or other official number capable tor's custody, possession, or control by virtue of of identifying an individual. his status as a public servant. (d) Except as provided by Subsection (e) of this section, an offense under this section is: [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 914, ch. 342, § 10, eff. . (1) a Class C misdemeanor if the value of the Sept. 1, 1975; Acts 1977, 65th Leg., p. 937, ch. 349, § 1, eff. property stolen is less than $20; Aug. 29, 1977; Acts 1981, 67th Leg., p. 849, ch. 298, § 1, (2) a Class B misdemeanor if: eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2065, ch. 455, (A) the value of the property stolen is $20 or § 1, eff. June 11, 1981; Acts 1983, 68th Leg., p. 2918, ch. more but less than $200; or 497, § 3, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 3244, ch. 558, § 11, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. (B) the value of the property stolen is less 4523, ch. 741, § 1, eff. Sept. 1, 1983.] than $20 and the defendant has previously been convicted of any grade of theft; For saving provisions see note set out under Section 1.07. (3) a Class A misdemeanor if the value of the Section 2 of the 1977 amendatory act provided: property stolen is $200 or more but less than "The provisions of Subsections (c)(3) and (4) shall not apply to the purchase or sale of property at a public sale commonly known $750; as a neighborhood garage sale or community-wide flea market or (4) a felony of the third degree if: First Monday Sale." (A) the value of the property stolen is $750 Acts 1981, 67th Leg., p. 849, ch. 298, § 2, and Acts 1981, 67th or more but less than $20,000, or the property Leg., p. 2065, ch. 455, § 2, both provide: is one or more head of cattle, horses, sheep, "(a) The change in law made by this Act applies only to an swine, or goats or any part thereof under the offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effec­ value of $20,000; tive date of this Act if any element of the offense occurs before the (B) regardless of value, the property is stolen effective date. from the person of another or from a human "(b) An offense committed before the effective date of this Act corpse or grave; or is covered by the law in effect when the offense was committed, (C) the value of the property stolen is less and the former law is continued in effect for this purpose." than $750 and the defendant has been previous­ Section 6 of Acts 1983, 68th Leg., p. 2920, ch. 497, provides: ly convicted two or more times of any grade of "(a) The change in law made by this Act applies only to the theft; or punishment for an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed (5) a felony of the second degree if: before the effective date of this Act if any element of the offense (A) regardless of the value, the property is: occurs before the effective date. (i) combustible hydrocarbon natural or syn­ "(b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, thetic natural gas, or crude petroleum oil; and the former law is continued in effect for this purpose." (ii) equipment designed for use in explora­ For applicability of change in law made by Acts 1983, 68th Leg., tion for or production of natural gas or crude p. 3246, ch. 558, to offenses committed before effective date of Act, petroleum oil; or see note under § 36.01. § 31.04 PENAL CODE 38

§ 31.04. Theft of Service before the effective date of this Act if any element of the offense occurs before the effective date. (a) A person commits theft of service if, with "(b) An offense committed before the effective date of this Act intent to avoid payment for service that he knows is is covered by the law in effect when the offense was committed, provided only for compensation: and the former law is continued in effect for this purpose." (1) he intentionally or knowingly secures per­ formance of the service by deception, threat, or § 31.05. Theft of Trade Secrets false token; (a) For purposes of this section: (2) having control over the disposition of serv­ (1) "Article" means any object, material, de­ ices of another to which he is not entitled, he vice, or substance or any copy thereof, including a intentionally or knowingly diverts the other's writing, recording, drawing, sample, specimen, services to his own benefit or to the benefit of prototype, model, photograph, microorganism, another not entitled to them; or blueprint, or map. (3) having control of personal property under a (2) "Copy" means a facsimile, replica, photo­ written rental agreement, he holds the property graph, or other reproduction of an article or a beyond the expiration of the rental period without note, drawing, or sketch made of or from an the effective consent of the owner of the proper­ article. ty, thereby depriving the owner of the property of (3) "Representing" means describing, depict­ its use in further rentals. ing, containing, constituting, reflecting, or record­ (b) For purposes of this section, intent to avoid ing. payment is presumed if (4) "Trade secret" means the whole or any part (1) the actor absconded without paying for the of any scientific or technical information, design, service in circumstances where payment is ordi­ process, procedure, formula, or improvement that narily made immediately upon rendering of the has value and that the owner has taken measures service, as in hotels, restaurants, and comparable to prevent from becoming available to persons establishments; or other than those selected by the owner to have (2) the actor failed to return the property held access for limited purposes. under a rental agreement within 10 days after (b) A person commits an offense if, without the receiving notice demanding return. owner's effective consent, he knowingly: (c) For purposes of Subsection (b)(2) of this sec­ (1) steals a trade secret; tion, notice shall be notice in writing, sent by regis­ (2) makes a copy of an article representing a tered or certified mail with return receipt requested trade secret; or or by telegram with report of delivery requested, (3) communicates or transmits a trade secret. and addressed to the actor at his address shown on (c) An offense under this section is a felony of the rental agreement. the third degree. (d) If written notice is given in accordance with [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, Subsection (c) of this section, it is presumed that the 1974.] notice was received no later than five days after it was sent. § 31.06. Presumption for Theft by Check (e) An offense under this section is: (a) If the actor obtained property or secured per­ (1) a Class C misdemeanor if the value of the formance of service by issuing or passing a check or service stolen is less than $20; similar sight order for the payment of money, when (2) a Class B misdemeanor if the value of the the issuer did not have sufficient funds in or on service stolen is $20 or more but less than $200; deposit with the bank or other drawee for the (3) a Class A misdemeanor if the value of the payment in full of the check or order as well as all service stolen is $200 or more but less than $750; other checks or orders then outstanding, his intent (4) a felony of the third degree if the value of to deprive the owner of property under Section the service stolen is $750 or more but less than 31.03 of this code (Theft) or to avoid payment for $20,000; service under Section 31.04 of this code (Theft of Service) is presumed (except in the case of a post­ (5) a felony of the second degree if the value of dated check or order) if: the service stolen is $20,000 or more. (1) he had no account with the bank or other [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. drawee at the time he issued the check or order; Amended by Acts 1977, 65th Leg., p. 1138, ch. 429, § 1, eff. or . Aug. 29, 1977; Acts 1983, 68th Leg., p. 2920, ch. 497, § 4, (2) payment was refused by the bank or other eff. Sept. 1, 1983.] drawee for lack of funds or insufficient funds, on Section 6 of the 1983 amendatory act provides: "(a) The change in law made by this Act applies only to the presentation within 30 days after issue, and the punishment for an offense committed on or after the effective date issuer failed to pay the holder in full within 10 of this Act. For purposes of this section, an offense is committed days after receiving notice of that refusal. 39 OFFENSES AGAINST PROPERTY § 31.11

(b) For purposes of Subsection (a)(2) of this sec­ interest so proven shall be deducted from the value tion, notice may be actual notice or notice in writing, of the property or service ascertained under Subsec­ sent by registered or certified mail with return tion (a), (b), or (c) of this section to determine value receipt requested or by telegram with report of for purposes of this chapter. delivery requested, and addressed to the issuer at [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. his address shown on: Amended by Acts 1983, 68th Leg., p. 2920, ch. 497, § 5, (1) the check or order; eff. Sept. 1, 1983.] (2) the records of the bank or other drawee; or Section 6 of the 1983 amendatory act provides: (3) the records of the person to whom the check "(a) The change in law made by this Act applies only to the punishment for an offense committed on or. after the effective date or order has been issued or passed. of this Act. For purposes of this section, an offense is committed (c) If written notice is given in accordance with before the effective date of this Act if any element of the offense Subsection (b) of this section, it is presumed that the occurs before the effective date. notice was received no later than five days after it "(b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, was sent. and the former law is continued in effect for this purpose." (d) Nothing in this section prevents the prosecu­ tion from establishing the requisite intent by direct § 31.09. Aggregation of Amounts Involved in evidence. Theft [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, When amounts are obtained in violation of this 1974.] chapter pursuant to one scheme or continuing course of conduct, whether from the same or sever­ § 31.07. Unauthorized Use of a Vehicle al sources, the conduct may be considered as one (a) A person commits an offense if he intentional­ offense and the amounts aggregated in determining ly or knowingly operates another's boat, airplane, or the grade of the offense. motor-propelled vehicle without the effective con­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, sent of the owner. 1974.]

(b) An offense under this section is a felony of § 31.10. Actor's Interest in Property the third degree. It is no defense to prosecution under this chapter [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] that the actor has an interest in the property or service stolen if another person has the right of § 31.08. Value exclusive possession of the property. (a) Subject to the additional criteria of Subsec­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] tions (b) and (c) of this section, value under this chapter is: § 31.11. Tampering with Identification Numbers (1) the fair market value of the property or service at the time and place of the offense; or (a) A person commits an offense if, without the effective consent of the owner: (2) if the fair market value of the property cannot be ascertained, the cost of replacing the (1) he knowingly or intentionally removes, al­ property within a reasonable time after the theft. ters, or obliterates the serial number or other permanent identification marking on tangible per­ (b) The value of documents, other than those sonal property other than a motor vehicle; or having a readily ascertainable market value, is: (2) he possesses tangible personal property oth­ (1) the amount due and collectible at maturity er than a motor vehicle knowing that the serial less that part which has been satisfied, if the number or other permanent identification mark­ document constitutes evidence of a debt; or ing has been removed, altered, or obliterated. (2) the greatest amount of economic loss that (b) A person commits an offense if: the owner might reasonably suffer by virtue of loss of the document, if the document is other (1) he knowingly or intentionally removes, al­ than evidence of a debt. ters, or obliterates the serial number or other permanent identification marking on equipment (c) If property or service has value that cannot be designed for use in exploration for or production reasonably ascertained by the criteria set forth in of natural gas or crude petroleum oil or equip­ Subsections (a) and (b) of this section, the property ment designed for use in remedial or diagnostic or service is deemed to have a value of more than operations on gas or crude petroleum oil wells; or $200 but less than $750. (2) he possesses equipment designed for use in (d) If the actor proves by a preponderance of the exploration for or production of natural gas or evidence that he gave consideration for or had a crude petroleum oil or equipment designed for legal interest in the property or service stolen, the use in remedial or diagnostic operations on gas or amount of the consideration or the value of the crude petroleum oil wells knowing that the serial § 31.11 PENAL CODE 40

number or other permanent marking· has been § 3Li3. Manufacture, Sale, or Distribution of removed, altered, or obliterated. Television Decoding and Interception (c) Property involved in a violation of this section Device may be treated as stolen for purposes of custody (a) A person commits an offense if the person for and disposition of the property. remuneration intentionally or knowingly manufac­ (d) An offense under Subsection (a) of this section tures, distributes, or sells, with an intent to aid an is a Class A misdemeanor and an offense under offense under Section 31.12 of this code, a device or Subsection (b) of this section is a felony of the third a plan or part for a device that intercepts and degree. · decodes a transmission by a subscription television service. [Acts 1979, 66th Leg., p. 417, ch. 191, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 4525, ch. 741, (b) "Subscription television service" in this sec­ § 2, eff. Sept. 1, 1983.) tion shall mean a service whereby television broad­ Section 3 of the 1979 Act provided: cast programs intended to be received in an intelligi­ ble form by members of the public only for a fee or "This Act applies only to offenses committed on or after its effective date, and a criminal action for an offense committed charge are transmitted pursuant to the grant of before this Act takes effect is governed by the law existing before subscription television authority by the Federal the effective date, which law is continued in effect for this purpose Communications Commission. The term shall not as if this Act were not in force. For purposes of this section, an include cable television service or community anten­ offense is committed on or after the effective date of this Act if any element of the offense occurs on or after the effective date." na television service. (c) An offense under this section is a Class A § 31.12. Unauthorized Use of Television Decod­ misdemeanor. ing and Interception Device [Acts 1981, 67th Leg., p. 67, ch. 29, § 2, eff. Aug. 31, 1981.) (a) A person commits an offense if, with the Injunction to prevent or halt violation under this section, see intent to intercept and decode a transmission by a note under § 31.12. subscription television service without the autho­ rization of the provider of the service, the person CHAPTER 32. FRAUD intentionally or knowingly attaches to, causes to be attached to, or incorporates in a television set, video tape recorder, or other equipment designed to re­ SUBCHAPTER A. GENERAL PROVISIONS ceive a television transmission a device that inter- Sec. cepts and decodes the transmission. · 32.01. Definitions. 32.02. Value. (b) "Subscription television service" in this sec­ 32.03. Aggregation of Amounts Involved in Fraud. tion shall mean a service whereby television broad­ cast programs intended to be received in an intelligi­ SUBCHAPTER B. FORGERY ble form by members of the public only for a fee or charge are transmitted pursuant to the grant of 32.21. Forgery. 32.22. Criminal Simulation. subscription television authority by the Federal Communications Commission. The term shall not include cable television service or community anten­ SUBCHAPTER C. CREDIT na television service. 32.31. Credit Card Abuse. 32.32. False Statement to Obtain Property or Credit. (c) An offense under this section is a class B 32.33. Hindering Secured Creditors. misdemeanor unless the actor committed the of­ 32.34. Fraud in Insolvency. fense for remuneration, in which event it is a Class 32.35. Receiving Deposit, Premium, or Investment in A misdemeanor. Failing Financial Institution. [Acts 1981, 67th Leg., p. 67, ch. 29, § 2, eff. Aug. 31, 1981.) SUBCHAPTER D. OTHER DECEPTIVE PRACTICES Section 3 of the 1981 Act provides: 32.41. Issuance of Bad Check. "(a) A provider of subscription television service may bring an 32.42. Deceptive Business Practices. action to enjoin a violation or threatened violation of Section 31.12 32.43. Commercial Bribery .. or 31.13 of the Penal Code. A party bringing such an action shall be entitled to issuance of such an injunction upon a showing that a 32.44. Rigging Publicly Exhibited Contest. violation of Section 31.12 or 31.13 of the Penal Code has occurred 32.45. Misapplication of Fiduciary Property or Property or will occur. Irreparable injury, inadequate remedy at law, and of Financial Institution. probability of recovery need not be shown to prove a prima facie 32.46. Securing Execution of Document by Deception. right to such an injunction. 32.47. Fraudulent Destruction, Removal, or Concealment "(b) The court shall award three times actual damages and of Writing. reasonable attorney's fees to a prevailing plaintiff in an action 32.48. Endless Chain Scheme. under this section." 32.49. Issuance of Checks Printed on Red Paper. 41 OFFENSES AGAINST PROPERTY § 32.21

SUBCHAPTER A. GENERAL PROVISIONS of the property or service ascertained under Subsec­ tion (a), (b), or (c) of this section to determine value § 32.01. Definitions for purposes of this chapter. In this chapter: [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (1) "Financial institution" means a bank, trust 1974.] company, insurance company, credit union, build­ ing and loan association, investment trust, invest­ § 32.03. Aggregation of Amounts Involved in ment company, or any other organization held out Fraud to the public as a place for deposit of funds or When amounts are obtained in violation of this medium of savings or collective investment. chapter pursuant to one · scheme or continuing (2) "Property" means: course of conduct, whether from the same or sever­ (A) real property; al sources, the conduct may be considered as one (B) tangible or intangible personal property offense and the amounts aggregated in determining including anything severed from land; or the grade of offense. (C) a document, including money, that repre­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, sents or embodies anything of value. 1974.] (3) "Service" includes: [Sections 32.04 to 32.20 are reserved (A) labor and professional service; for expansion] (B) telecommunication, public utility, and transportation service; SUBCHAPTER B. FORGERY (C) lodging, restaurant service, and enter­ tainment; and § 32.21. Forgery (D) the supply of a motor vehicle or other (a) For purposes of this section: property for use. (1) "Forge" means: (4) "Steal" means to acquire property or ser- (A) to alter, make, complete, execute, or au­ vice by theft. thenticate any writing so that it purports: [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (i) to be the act of another who did not autho­ 1974.] rize that act; § 32.02. Value (ii) to have been executed at a time or place or in a numbered sequence other than was in (a) Subject to the additional criteria of Subsec­ fact the case; or tions (b). and (c) of this section, value under this (iii) to be a copy of an original when no such chapter is: original existed; (1) the fair market value of the property or (B) to issue, transfer, register the transfer service at the time and place of the offense; or of, pass, publish, or otherwise utter a writing (2) if the fair market value of the property that is forged within the meaning of Paragraph cannot be ascertained, the cost of replacing the (A) of this subdivision; or property within a reasonable time after the of­ (C) to possess a writing that is forged within fense. the meaning of Paragraph (A) with intent to (b) The value of documents, other than those utter it in a manner specified in Paragraph (B) having a readily ascertainable market value, is: of this subdivision. (1) the amount due and collectible at maturity (2) "Writing" includes: less any part that has been satisfied, if the docu­ (A) printing or any other method of record­ ment constitutes evidence of a debt; or ing information; (2) the greatest amount of economic loss that (B) money, coins, tokens, stamps, seals, cred­ the owner might reasonably suffer by virtue of it cards, badges, and trademarks; and loss of the document, if the document is other (C) symbols of value, right, privilege, or iden­ than evidence of a debt. tification. (c) If property or service has value that cannot be (b) A person commits an offense if he forges a reasonably ascertained by the criteria set forth in Subsections (a) and (b) of this section, the property writing with intent to defraud or harm another. or service is deemed to have a value of more than (c) Except as provided in Subsections (d) and (e) $20 but less than $200. of this section an offense under this section is a (d) If the actor proves by a preponderance of the Class A misdemeanor. evidence that he gave consideration for or had a (d) An offense under this section is a felony of legal interest in the property or service stolen, the the third degree if the writing is or purports to be a amount of the consideration or the value of the will, codicil, deed, deed of trust, mortgage, security interest so proven shall be deducted from the value instrument, security agreement, credit card, check § 32.21 PENAL CODE 42 or similar sight order for payment of money, con­ (B) the card has expired or has been revoked tract, release, or other commercial instrument. or cancelled; (e) An offense under this section is a felony of (2) with intent to obtain property or service, he the second degree if the writing is or purports to be uses a fictitious credit card or the pretended part of an issue of money, securities, postage or number or description of a fictitious credit card; revenue stamps, or other instruments issued by a (3) he receives property or service that he state or national government or by a subdivision of knows has been obtained in violation of this sec­ either, or part of an issue of stock, bonds, or other tion; instruments representing interests in · or claims (4) he steals a credit card or, with knowledge against another person. that it has been stolen, receives a credit card with [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, intent to use it, to sell it, or to transfer it to a 1974.) person other than the issuer or the cardholder; (5) he buys a .credit card from a person who he § 32.22. Criminal Simulation knows is not the issuer; (a) A person commits an offense if, with intent to (6) not being the issuer, he sells a credit card; defraud or harm another: (7) he uses or induces the cardholder to use the (1) he makes or alters an object, in whole or in cardholder's credit card to obtain property or part, so that it appears to have value because of service for the actor's benefit for which the card­ age, antiquity, rarity, source, or authorship that it holder is financially unable to pay; does not have; (8) not being the cardholder, and without the (2) he sells, passes, tor otherwise utters an ob­ effective consent of the cardholder, he signs or ject so made or altered; writes his name or the name of another on a (3) he possesses an object so made or altered, credit card with intent to use it; with intent to sell, pass, or otherwise utter it; or (9) he possesses two or more incomplete credit (4) he authenticates or certifies an object so cards that have not been issued to hitn with intent made or altered as genuine or as different from to complete them without the effective consent of what it is. • the issuer. For purposes of this subdivision, a (b) An offense under this section is a Class A credit card is incomplete if part of the matter that misdemeanor. an issuer requires to appear on the credit card before it can be used (other than the signature of [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.) . the cardholder) has not yet been stamped, em­ bossed, imprinted, or written on it; [Sections 32.23 to 32.30 are reserved (10) being authorized by an issuer to furnish for expansion] goods or services on presentation of a credit card, he, with intent to defraud the issuer or the card­ SUBCA:APTER C. CREDIT holder, furnishes goods or services on presenta­ § 32.31. Credit Card Abuse tion of a credit card obtained or retained in viola­ tion of this section or a credit card that is forged, (a) For purposes of this section: expired, or revoked; or (1) "Cardholder" means the person named on (11) being authorized by an issuer to furnish the face of a credit card to whom or for whose goods or services on presentation of a credit card, benefit the. credit card is issued. he, with intent to defraud the issuer or a card­ (2) "Credit card" means an identification card, holder, fails to furnish goods or services that he plate, coupon, book, number, or any other device represents in writing to the issuer that he has authorizing a designated person or bearer to ob­ furnished. fain property or services on credit. It includes (c) It is presumed that a person who used a the number or description of the device if the revoked, cancelled, or expired credit card had knowl­ device itself is not produced at the time of order­ edge that the card had been revoked, cancelled, or ing or obtaining the property or service. expired if he had received notice of revocation, (3) "Expired credit card" means a credit card cancellation, or expiration from the issuer. For bearing an expiration date after that date has purposes of this section, notice may be either notice passed. given orally in person or by telephone, or in writing (b) A person commits an offense if: by mail or by telegram. If written notice was sent (1) with intent to obtain property or service by registered or certified mail with return receipt fraudulently, he presents or uses a credit card requested, or by telegram with report of delivery with knowledge that: requested, addressed to the cardholder at the las~ (A) the card, whether or not expired, has not address shown by the records of the issuer, it is been issued to him and is not used with the presumed that the notice was received by the card­ effective consent of the cardholder; or holder no later than five days after sent. 43 OFFENSES AGAINST PROPERTY § 32.35 (d) An offense under this section is a felony of effective consent of the secured party and with the third degree. intent to appropriate (as defined in Chapter 31 of [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, this code) the interest of the secured party. An 1974.] offense under this subsection is: (1) a Class A misdemeanor if the unpaid bal­ § 32.32. False Statement to Obtain Property or ance remaining on the secured indebtedness is Credit less than $10,000; (a) For purposes of this section, "credit" includes: (2) a felony of the third degree if the unpaid (1) a loan of money; balance remaining on the secured indebtedness is (2) furnishing property or service on credit; $10,000 or more. (3) extending the due date of an obligation; [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. (4) comaking, endorsing, or guaranteeing a Amended by Acts 1979, 66th Leg., p. 501, ch. 232, § 1, eff. note or other instrument for obtaining credit; Sept. 1, 1979.] (5) a line or letter of credit; and Section 2 of the 1979 amendatory act provided: (6) a credit card, as defined in Section 32.31 of "This Act applies only to offenses committed on or after its this code (Credit Card Abuse). effective date, and a criminal action for an offense committed (b) A person commits an offense if he intentional­ before this Act's effective date is governed by the law existing before this Act's effective date, which law is continued in effect for ly or knowingly makes a materially false or mislead­ this purpose as if this Act were not in force. For purposes of this ing written statement to obtain property or credit section, an offense is committed before the effective date of this for himself or another. Act if any element of the offense occurs before the effective date." (c) An offense under this section is a Class A misdemeanor. § 32.34. Fraud in Insolvency [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (a) A person commits an offense if, when pro­ 1974.] ceedings have been or are about to be instituted for the appointment of a trustee, receiver, or other § 32.33. Hindering Secured Creditors person entitled to administer property for the bene­ (a) For purposes of this section: fit of creditors, or when any other assignment, (1) "Remove" means transport, without the ef­ composition, or liquidation for the benefit of credi­ fective consent of the secured party, from the tors has been or is about to be made: state in which the property was located when the (1) he destroys, removes, conceals, encumbers, security interest or lien attached. transfers, or otherwise harms or reduces the val­ (2) "Security interest" means an interest in per­ ue of the property with intent/to defeat or ob­ sonal property or fixtures that secures payment struct the operation of a law relating to adminis­ or performance of an obligation. tration of property for the benefit of creditors; (b) A person who has signed a security agree­ (2) he intentionally falsifies any writing or rec­ ment creating a security interest in property or a ord relating to the property or any claim against mortgage or deed of trust creating a lien on proper­ the debtor; or ty commits an offense if, with intent to hinder (3) he intentionally misrepresents or refuses to enforcement of that interest or lien, he destroys, disclose to a trustee or receiver, or other person removes, conceals, encumbers, or otherwise harms entitled to administer property for the benefit of or reduces the value of the property. creditors, the existence, amount, or location of the (c) For purposes of this section, a person is pre­ property, or any other information that the actor sumed to have intended to hinder enforcement of could legally be required to furnish in relation to the security interest or lien if, when any part of the the administration. debt secured by the security interest or lien was (b) An offense under this section is a Class A due, he failed: misdemeanor. (1) to pay the part then due; and [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (2) if the secured party had made demand, to 1974.] deliver possession of the secured property to the secured party. § 32.35. Receiving Deposit, Premium, or Invest­ (d) Except as provided in Subsections (e) and (f) ment in Failing Financial Institution of this section, an offense under this section is a Class A misdemeanor. (a) A person directing or participating in the di­ rection of a financial institution commits an offense (e) If the actor removes the property, the offense if he receives or permits the receipt of a deposit, is a felony of the third degree. premium payment, or investment in the institution (f) A person commits an offense if he transfers or knowing that, due to the financial condition of the otherwise disposes of secured property without the institution: § 32.35 PENAL CODE 44

(1) it is unable to make payment of the deposit through that office. In other cases restitution may, on demand, if it is a deposit ordinarily payable on with the approval of the court in which the offense demand; or is filed, be made through the court, by certified (2) it is about to suspend operations or go into checks, cashiers checks, or money order only, pay­ receivership. able to the person that received the bad checks. (b) It is a defense to prosecution under this sec­ (f) An offense under this section is a Class C tion that the person making the deposit, premium misdemeanor. payment, or investment was adequately informed of (Acts 1973, 63rd Leg., p. 883; ch. 399, § l, eff. Jan. 1, 1974. the financial condition of the institution. Amended by Acts 1983, 68th Leg., p. 5050, ch. 911, § 1, (c) An offense under this section is a Class A eff. Aug. 29, 1983.] misdemeanor. § 32.42. Deceptive Business Practices [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] (a) For purposes of this section: (1) "Adulterated" means varying from the [Sections 32.36 to 32.40 reserved for expansion] standard of composition or quality prescribed by law or set by established commercial usage. SUBCHAPTER D. OTHER DECEPTIVE PRACTICES (2) "Business" includes trade and commerce and advertising, selling, and buying service or § 32.41. Issuance of Bad Check property. (3) "Commodity" means any tangible or intan­ (a) A person commits an offense if he issues or gible personal property. passes a check or similar sight order for the pay­ ment of money knowing that the issuer does not (4) "Contest" includes sweepstake, puzzle, and have sufficient funds in or on deposit with the bank game of chance. or other drawee for the payment in full of the check (5) "Deceptive sales contest" means a sales or order as well as all other checks or orders contest: outstanding at the time of issuance. (A) that misrepresents the participant's chance of winning a prize; (b) This section does not prevent the prosecution (B) that fails to disclose to participants on ·a from establishing the required knowledge by direct conspicuously displayed permanent poster (if evidence; however, for purposes of this section, the the contest is conducted by or through a retail issuer's knowledge of insufficient funds is pre­ outlet) or on each card game piece, entry blank, sumed (except in the case of a postdated check or or other paraphernalia required for participa­ order) if: tion in the.contest (if the contest is not conduct­ (1) he had no account with the bank or other ed by or through a retail outlet): drawee at the time he issued the check or order; (i) the geographical area or number of out­ or lets in which the contest is to be conducted; (2) payment was refused by the bank or other (ii) an accurate description of each type of drawee for lack of funds or insufficient funds on prize; presentation within 30 days after issue and the issuer failed to pay the holder in full within 10 (iii) the minimum number and minimum days after receiving notice of that refusal. amount of cash prizes; and (iv) the minimum number of each other type (c) Notice for purposes of Subsection (b)(2) of this of prize; or section may be notice in writing, sent by registered or certified mail with return receipt requested or by (C) that is manipulated or rigged so that telegram with report of delivery requested, and prizes are given to predetermined persons or addressed to the issuer at his address shown on: retail establishments. A sales contest is not deceptive if the total value of prizes to each (1) the check or order; retail outlet is in a uniform ratio to the number (2) the records of the bank or other drawee; or of game pieces distributed to that outlet. (3) the records of the person to whom the check (6) "Mislabeled" means varying from the stan­ or order has been issued or passed. dard of truth or disclosure in labeling prescribed (d) If notice is given in accordance with Subsec­ by law or set by established commercial usage. tion (c) of this section, it is presumed that the notice (7) "Prize" includes gift, discount, coupon, cer- was received no later than five days after it was tificate, gratuity, and any other thing of value sent. awarded in a sales contest. (e) A person charged with an offense under this (8) "Sales contest" means a contest in connec­ section may make restitution for the bad checks. tion with the sale of a commodity or service by Restitution shall be made through the prosecutor's which a person may, as determined by drawing, office if collection and processing were initiated guessing, matching, or chance, receive a prize and 45 OFFENSES AGAINST PROPERTY § 32.43 which is not regulated by the rules of a federal (d) An offense under Subsections (b)(7), (b)(8), regulatory agency. (b)(9), (b)(lO), (b)(ll), and (b)(12) is a Class A misde- (9) "Sell" and "sale" include offer for sale, meanor. advertise for sale, expose for sale, keep for the [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. purpose of sale, deliver for or after sale, solicit Amended by Acts 1975, 64th Leg., p. 1350, ch. 508, §§ 1, 2, and offer to buy, and every disposition for value. eff. Sept. 1, 1975.] (b) A person commits an offense if in the course of business he intentionally, knowingly, recklessly, § 32.43. Commercial Bribery or with criminal negligence commits one or more of the following deceptive business practices: (a) For purposes of this section: (1) using, selling, or possessing for use or sale (1) "Beneficiary" means a person for whom a a false weight or measure, or any other device for fiduciary is acting. falsely determining or recording any quality or (2) "Fiduciary" means: quantity; (A) an agent or employee; (2) selling less than the represented quantity of (B) a trustee, guardian, custodian, adminis­ a property or service; trator, executor, conservator, receiver, or simi­ (3) taking more than the represented quantity lar fiduciary; of property or service when as a buyer the actor (C) a lawyer, physician, accountant, apprais­ furnishes the weight or measure; er, or other professional advisor; or (4) selling an adulterated or mislabeled com­ (D) an officer, director, partner, manager, or modity; other participant in the direction of the affairs (5) passing off property or service as that of of a corporation or association. another;. (b) A person who is a fiduciary commits an of­ (6) representing that a commodity is original or fense if, without the consent of his beneficiary, he new if it is deteriorated, altered, rebuilt, recondi­ intentionally or knowingly solicits, accepts, or tioned, reclaimed, used, or secondhand; agrees to accept any benefit from another person on (7) representing that a commodity or service is agreement or understanding that the benefit will of a particular style, grade, or model if it is of influence the conduct of the fiduciary in relation to another; the affairs of his beneficiary. (8) advertising property or service with intent: (A) not to sell it as advertised, or (c) A person commits an offense if he offers, confers, or agrees to confer any benefit the accept­ (B) not to supply reasonably expectable pub­ ance of which is an offense under Subsection (b) of lic demand, unless the advertising adequately this section. discloses a time or quantity limit; (9) representing the price of property or service (d) An offense under this section is a felony of falsely or in a way tending to mislead; the third degree. (10) making a materially false or misleading statement of fact concerning the reason for, exist­ (e) In lieu of a fine that is authorized by Subsec­ ence of, or amount of a price or price reduction; tion (d) of this section, and in addition to the impris­ (11) conducting a deceptive sales contest; or onment that is authorized by that subsection, if the (12) making a materially false or misleading court finds that an individual who is a fiduciary statement: gained a benefit through the commission of an (A) in an advertisement for the purchase or offense under Subsection (b) of this section, the sale of property or service; or court may sentence the individual to pay a fine in an amount fixed by the court, not to exceed double the (B) otherwise in connection with the purchase value of the benefit gained. This subsection does or sale of property or service. not affect the application of Section 12.51(c) of this (c) An offense under Subsections (b)(l), (b)(2), code to an offense under this section committed by (b)(3), (b)(4), (b)(5), and (b)(6) of this section is: a corporation or association. (1) a Class C misdemeanor if the actor commits [Acts 1973; 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. an offense with criminal negligence and if he has Amended by Acts 1983, 68th Leg., p. 1942, ch. 357, § 1, not previously been convicted of a deceptive busi­ eff. Sept. 1, 1983.] ness practice; or Section 2 of the 1983 amendatory act provides: (2) a Class A misdemeanor if the actor commits "(a) The change in law made by this Act applies only to an an offense intentionally, knowingly, recklessly or offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effec­ if he has been previously convicted of a Class B tive date of this Act if any element of the offense occurs before the or C misdemeanor under this section. · effective date. § 32.43 PENAL CODE 46

"(b) An offense committed before the effective date of this Act (3) a felony of the second degree if the value of is covered by the law in effect when the offense was committed, and the former law is continued in effect for this purpose." the property is $10,000 or more. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, § 32.44. Rigging Publicly Exhibited Contest 1974.] (a) A person commits an offense if, with intent to affect the outcome (including the score) of a public­ § 32.46. Securing Execution of Document by De­ ly exhibited contest: ception (1) he offers, confers, or agrees to confer any (a) A person commits an offense if, with intent to benefit on, or threatens harm to: defraud or harm any person, he, by deception, caus­ (A) a participant in the contest to induce him es another to sign or execute any document affect­ not to use his best efforts; or ing property or service or the pecuniary interest of (B) an official or other person associated any person. with the contest; or (b) An offense under this section is a felony of (2) he tampers with a person, animal, or thing the third degree. in a manner contrary to the rules of the contest. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (b) A person commits an offense if he intentional­ 1974.] ly or knowingly solicits, accepts, or agrees to accept any benefit the conferring of which is an offense § 32.47. Fraudulent Destruction, Removal, or under Subsection (a) of this section. Concealment of Writing (c) Except as provided in Subsection (d) of this (a) A person commits an offense if, with intent to section, an offense under this section is a Class A defraud or harm another, he destroys, removes, misdemeanor. conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, (d) An offense under this section is a felony of other than a governmental record. the third degree if the actor's conduct is in connec­ tion with betting or wagering on the contest. (b) For purposes of this· section, "writing" in­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, cludes: 1974.] (1) printing or any other method of recording information; § 32.45. Misapplication of Fiduciary Property or (2) money, coins, tokens, stamps, seals, credit Property of Financial Institution cards, badges, trademarks; (a) For purposes of this section: (3) symbols of value, right, privilege, or identi­ (1) "Fiduciary" includes: fication; and (A) trustee, guardian, administrator, execu­ (4) labels, price tags, or markings on goods. tor, conservator, and receiver; (c) Except as provided in Subsection (d) of this (B) any other person acting in a fiduciary section, an offense under this section is a Class A capacity, but not a commercial bailee; and misdemeanor. (C) an officer, manager, employee, or agent (d) An offense under this section is a felony of carrying on fiduciary functions on behalf of a the third degree if the writing: fiduciary. (1) is a will or codicil of another, whether or not (2) "Misapply" means deal with property con­ the maker is alive or dead and whether or not it trary to: has been admitted to probate; or (A) an agreement under which the fiduciary (2) is a deed, mortgage, deed of trust, security holds the property; or instrument, security agreement, or other writing (B) a law prescribing the custody or disposi­ for which the law provides public recording or tion of the property. filing, whether or not the writing has been ac­ (b) A person commits an offense if he intentional­ knowledged. ly, knowingly, or recklessly misapplies property he [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, holds as a fiduciary or property of a financial insti­ 1974.] tution in a manner that involves substantial risk of loss to the owner of the property or to a person for § 32.48. Endless Chain Scheme whose benefit the property is held. (a) For the purposes of this section: (c) An offense under this section is: (1) "Endless chain" means any scheme for the (1) a Class A misdemeanor if the value of the disposal or distribution of property whereby a property misapplied is less than $200; participant pays a valuable consideration for the (2) a felony of the third degree if the value of chance to receive compensation for introducing the property is $200 or more but less than $10,- one or more additional persons into participation 000; in the scheme or for the chance to receive com- 47 OFFENSES AGAINST PUBLIC ADMINISTRATION § 36.02 pensation when a person introduced by the partic­ (F) to take or withhold action as a public ipant introduces a new participant. servant, or to cause a public servant to take or (2) "Compensation" does not mean or include withhold action. payment based on sales made to persons who are (2) "Custody" means: not participants in the scheme and who are not (A) detained or under arrest by a peace offi-' purchasing in order to participate in the scheme. cer; or (b) A person commits an offense if he contrives, (B) under restraint by a public servant pursu­ prepares, sets up, proposes, operates, promotes, or ant to an order of a court. participates in an endless chain. (3) "Official proceeding" means any type of (c) An offense under this section is a Class B administrative, executive, legislative, or judicial misdemeanor. proceeding that may be conducted before a public servant authorized by law to take statements tActs 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, under oath. 1974.] (4) "Party official" means a person who holds § 32.49. Issuance of Checks Printed on Red Pa­ any position or office in a political party, whether per by election, appointment, or employment. (5) "Benefit" means anything reasonably re­ (a) A person commits an offense if he issues a garded as economic gaiii or economic advantage, check or similar sight order for payment of money including benefit to any other person in whose printed on dark red or other colored paper that welfare the beneficiary is interested, but does not prevents reproduction of an image of the_ order by include a contribution or expenditure made and microfilming or other similar reproduction equip­ reported in accordance with law. ment, knowing that the colored paper prevents re­ (6) "Vote" means to cast a ballot in an election production. regulated by law. (b) An offense under this section is a Class A misdemeanor. · [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, § 11, eff. [Acts 1979, 66th Leg., p. 865, ch. 389, § 1, eff. Sept. 1, Sept. 1, 1975; Acts 1983, 68th Leg., p. 3237, ch. 558, § 1, 1979.] eff. Sept. 1, 1983.] For saving provisions see note set out under Section 1.07. TITLE 8. OFFENSES AGAINST PUBLIC Section 12 of the 1983 amendatory act provides: "(a) the change in law made by this Act applies only to an ADMINISTRATION offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effec­ CHAPTER 36. BRIBERY AND tive date of this Act if any element of the offense occurs before the CORRUPT INFLUENCE effective date. "(b) An offense committed before the effective date of this Act Sec. is covered by the law in effect when the offense was committed, 36.01. Definitions. and the former law is continued in effect for this purpose." 36.02. Bribery. 36.03. Coercion of Public Servant or Voter. § 36.02. Bribery 36.04. Improper Influence. 36.05. Tampering with Witness. (a) A person commits an offense if he intentional­ 36.06. Retaliation. ly or knowingly offers, confers, or agrees to confer 36.07. Repealed. on another, or solicits, accepts, or agrees to accept 36.08. Gift to Public Servant by Person Subject to His from another: Jurisdiction. (1) any benefit as consideration for the recipi­ 36.09. Offering Gift to Public Servant. ent's decision, opinion, recommendation, vote, or 36.10. Non-Applicable. other exercise of discretion as a public servant, § 36.01. Definitions party official, or voter; (2) any benefit as consideration for the recipi­ In this chapter: ent's decision, vote, recommendation, or other ex­ (1) "Coercion" means a threat, however com­ ercise of official discretion in a judicial or adminis­ municated: trative proceeding; or (A) to commit any offense; (3) any benefit as consideration for a violation (B) to inflict bodily injury on the person of a duty imposed by law on a public servant or threatened or another; party official. (C) to accuse any person of any offense; (b) It is no defense to prosecution under this (D) to expose any person to hatred, con­ section that a person whom the actor sought to tempt, or ridicule; influence was not qualified to act in the desired way (E) to harm the credit or business repute of whether because he had not yet assumed office or any person; or he lacked jurisdiction or for any other reason. § 36.02 PENAL CODE 48 (c) It is no defense to prosecution under this ness or prospective witness in an official proceed­ section that the benefit is not offered or conferred ing: or that the benefit is not solicited or accepted until (1) to testify falsely; after: (2) to withhold any testimony, information, doc­ (1) the decision, opinion, recommendation, vote, ument, or thing; or other exercise of discretion has occurred; or (3) to elude legal process summoning him to (2) the public servant ceases to be a public testify or supply evidence; or servant. (4) to absent himself from an official proceed­ (d) An offense under this section is a felony of ing to which he has been legally summoned. the second degree. - (b) A witness or prospective witness in an official [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. proceeding commits an offense if he knowingly so­ Amended by Acts 1975, 64th Leg., p. 915, ch. 342, § 11, eff. licits, accepts, or agrees to accept any benefit on the Sept. 1, 1975; Acts 1983, 68th Leg., p. 3237, ch. 558, § 2, representation or understanding that he will do any eff. Sept. 1, 1983.] of the things specified in Subsection (a) of this For saving provisions see note set out . under Section 1.07. section. For applicability of change in law made by 1983 amendatory act (c) An offense under this section is a felony of to offenses committed before effective date of act, see note under § 36.01. the third degree. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, § 36.03. Coercion of Public Servant or Voter 1974.]

(a) A person commits an offense if by means of § 36.06. Retaliation coercion he: (a) A person commits an offense if he intentional­ (1) influences or attempts to influence a public ly or knowingly harms or threatens to harm another servant in a specific exercise of his official power by an unlawful act in retaliation for or on account or a specific performance of his official duty; or of the service of another as a public servant, wit­ (2) influences or attempts to influence a voter ness, prospective witness, or informant. not to vote or to vote in a particular manner. (b) For purposes of this section, "informant" (b) An offense under this section is a Class A means a person who has communicated information misdemeanor unless the coercion is a threat to to the government in connection with any govern­ commit a felony, in which event it is a felony of the mental function. third degree. (c) An offense under this section is a felony of [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, the third degree. 1974.] [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. by § § 36.04. Improper Influence Amended Acts 1983, 68th Leg., p. 3238, ch. 558, 4, eff. Sept. 1, 1983.] (a) A person commits an offense if he privately For applicability of change in law made by 1983 amendatory act addresses a representation, entreaty, argument, or to offenses committed before effective date of act, see note under other communication to any public servant who § 36.01. exercises or will exercise official discretion in an § 36.07. Repealed by Acts 1983, 68th Leg., p. adjudicatory proceeding with an intent to influence 3238, ch. 558, § 3, eff. Sept. 1, 1983 the outcome Of the proceeding on the basis of For applicability of change in law made by 1983 repealing act to considerations other than those authorized by law. offenses committed before effective date of act, see note under (b) For purposes of this section, "adjudicatory § 36.01. proceeding" means any proceeding before a court or § 36.08. Gift to Public Servant by Person Subject any other agency of government in which the legal to His Jurisdiction rights, powers, duties, or privileges of specified parties are determined. (a) A public servant in an agency performing regulatory functions or conducting inspections or (c) An offense under this section is a Class A investigations commits an offense if he solicits, misdemeanor. accepts, or agrees to accept any benefit from a [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, person the public servant knows to be subject to 1974.] regulation, inspection, or investigation by the public servant or his agency. § 36.05. Tampering with Witness (b) A public servant in an agency having custody (a) A person commits an offense if, with intent to of prisoners commits an offense if he solicits, ac­ influence the witness, he offers, confers, or agrees cepts, or agrees to accept any benefit from a person to confer any benefit on a witness or prospective the public servant knows to be in his custody or the witness in an official proceeding or coerces a wit- custody of his agency. 49 OFFENSES AGAINST PUBLIC ADMINISTRATION § 36.10 (c) A public servant in an agency carrying on civil gives legitimate consideration in a capacity other or criminal litigation on behalf of government com­ than as a public servant; mits an offense if he solicits, accepts, or agrees to (2) a gift or other benefit conferred on account accept any benefit from a person against whom the of kinship or a personal, professional, or business public servant knows litigation is pending or con­ relationship independent of the official status of templated by the public servant or his agency. the recipient; (d) A public servant who exercises discretion in (3) an honorarium in consideration for legiti­ connection with contracts, purchases, payments, mate services rendered above and beyond official claims, or other pecuniary transactions of govern­ duties and responsibilities if: ment commits an offense if he solicits, accepts, or (A) not more than one honorarium is received agrees to accept any benefit from a person the from the same person in a calendar year; and public servant knows is interested in or likely to (B) not more than one honorarium is received become interested in any contract, purchase, pay­ for the same service; and ment, claim, or transaction involving the exercise of (C) the value of the honorarium does not his discretion. exceed $250 exclusive of reimbursement for travel, food, and lodging expenses incurred by (e) A public servant who has judicial or adminis­ the recipient in performance of the services; trative authority, who is employed by or in a tribu­ nal having judicial or administrative authority, or (D) the honorarium, regardless of amount, is who participates in the enforcement of the tribu­ reported in the financial statement filed under nal's decision, commits an offense if he solicits, Chapter 421, Acts of the 63rd Legislature, 1973 accepts, or agrees to accept any benefit from a (Article 6252-9b, Vernon's Texas Civil Stat­ person the public servant knows is interested in or utes), if the recipient is required to file a finan­ likely to become interested in any matter before the cial statement under that Act; public servant or tribunal. (4) a benefit consisting of food, lodging, trans­ portation, or entertainment accepted as a guest (f) A public servant who is a member of or em­ and reported as required by law; or ployed by the legislature or by an agency of the (5) a benefit to a public servant required to file legislature commits an offense if he solicits, ac­ a statement under Chapter 421, Acts of the 63rd cepts, or agrees to accept any benefit from any Legislature, Regular Session, 1973 (Article 6252- person. 9b, Vernon's Texas Civil Statutes), or Section 243, (g) An offense under this section is a Class A Texas Election Code (Article 14.07, Vernon's Tex­ misdemeanor. as Election Code), that is derived from a function in honor or appreciation of the recipient if: [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, § 11, eff. (A) the benefit and the source of any benefit Sept. 1, 1975; Acts 1983, 68th Leg., p. 3238, ch. 558, § 5, in excess of $50 is reported in the statement; eff. Sept. 1, 1983.] and For saving provisions see note set out under Section 1.07. (B) the benefit is used solely to defray the For applicability of change in law made by 1983 amendatory act expenses that accrue in the performance of to offenses committed before effective date of act, see note under duties or activities in connection with the office § 36.01. which are nonreimbursable by the state or polit­ ical subdivision. § 36.09. Offering Gift to Public Servant (6) Subsection (5) of Section 36.10 of this Act (a) A person commits an offense if he offers, does not apply to those public servants designated confers, or agrees to confer any benefit on a public in Section 36.0S(f) of this Act 30 days prior to or servant that he knows the public servant is prohibit­ during a regular session of the Texas Legislature. ed by law from accepting. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 197 4. (b) An offense under this section is a Class A Amended by Acts 1975, 64th Leg., p. 915, ch. 342, § 11, eff. misdemeanor. Sept. 1, 1975; Acts 1981, 67th Leg., p. 2707, ch. 738, § 1, eff. Jan. 1, 1982; Acts 1983, 68th Leg., p. 3240, ch. 558, [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, § 6, eff. Sept. 1, 1983.] 1974.] For saving provisions see note set out under Section 1.07. For applicability of change in law made by 1983 amendatory act § 36.10. Non-Applicable to offenses committed before effective date of act, see note under Sections 36.08 (Gift to Public Servant) and 36.09 § 36.01. (Offering Gift to Public Servant) of this code do not CHAPTER 37. PERJURY AND OTHER apply to: FALSIFICATION (1) a fee prescribed by law to be received by a Sec. public servant or any other benefit to which the 37.01. Definitions. public servant is lawfully entitled or for which he 37.02. Perjury. § 37.01 PENAL CODE 50 Sec. evidence, if it could have affected the course or 37.03. Aggravated Perjury. outcome of the official proceeding. 37.04. Materiality. 37.05. Retraction. (b) It is no defense to prosecution under Section 37 .06. Inconsistent Statements. 37 .03 of this code (Aggravated Perjury) that the 37.07. Irregularities No Defense. declarant mistakenly believed the statement to be 37.08. False Report to Peace Officer. immaterial. 37.09. Tampering With or Fabricating Physical Evidence. 37.10. Tampering with Governmental Record. (c) Whether a statement is material in a given 37.11. Impersonating Public Servant. factual situation is a question of law. 37.12. False Identification as Peace Officer. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] § 37.01. Definitions In this chapter: § 37 .05. Retraction (1) "Governmental record" means anything: It is a defense to prosecution under Section 37.03 (A) belonging to, received by, or kept by of ~his code (Aggravated Perjury) that the actor government for information; or retracted his false statement: (B) required by law to be kept by others for (1) before completion of the testimony at the information of government. official proceeding; and (2) "Official proceeding" means any type of (2) before it became manifest that the falsity of administrative, executive, legislative, or judicial the statement would be exposed. proceeding that may be conducted before a public [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. l, servant authorized by law to take statements 1974.] under oath. (3) "Statement" means any representation of § 37.06. Inconsistent Statements fact. An information or indictment for perjury under [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, Section 37 .02 of this code or aggravated perjury 1974.] under Section 37.03 of this code that alleges that the declarant has made statements under oath, both § 37.02. Perjury of which cannot be true, need not allege which (a) A person commits an offense if, with intent to statement is false. At the trial the prosecution deceive and with knowledge of the statement's need not prove which statement is false. meaning: [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (1) he makes a false statement under oath or 1974.] swears to the truth of a false statement previous­ ly made; and § 37.07. Irregularities No Defense (2) the statement is required or authorized by (a) It is no defense to prosecution under Section law to be made under oath. 37.02 (Perjury) or 37.03 (Aggravated Perjury) of (b) An offense under this section is a Class A this code that the oath was administered or taken in misdemeanor. an irregular manner, or that there was some irregu­ larity in the appointment or qualification of the [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] person who administered the oath. (b) It is no defense to prosecution under Section § 37.03. Aggravated Perjury 37.02 (Perjury) or 37.03 (Aggravated Perjury) of (a) A person commits an offense if he commits this code that a document was not sworn to if the perjury as defined in Section 37.02 of this code, and document contains a recital that it was made under the false statement: oath, the declarant was aware of the recital when (1) is made during or in connection with an he signed the document, and the document contains official proceeding; and the signed jurat of a public servant authorized to (2) is material. administer oaths. (b) An offense under this section is a felony of [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. l, the third degree. 1974.] [Acts 1973, 63rd Leg., p. 883, ch. 399, § l, eff. Jan. 1, 1974.] § 37 .08. False Report to Peace Officer (a) A person commits an offense if he: § 37 .04. Materiality (1) reports to a peace officer an offense or (a) A statement is material, regardless of the incident within the officer's concern, knowing that admissibility of the statement under the rules of the offense or incident did not occur; or 51 OFFENSES AGAINST PUBLIC ADMINISTRATION § 37.12 I (2) makes a report to a peace officer relating to (b) An offense under this section is a Class A an offense or incident within the officer's concern misdemeanor unless the person impersonated a knowing that he h'as no information relating to peace officer, in which event it is a felony of the the offense or incident. third degree. (b) An offense under this section is a Class B [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1~ eff. Jan. 1, misdemeanor. 1974.] (Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] § 37 .12. False Identification as Peace Officer (a) A person commits an offense if: § 37.09. Tampering With or Fabricating Physical Evidence (I) the person makes, provides to another per­ son, or possesses a card or document that identi­ (a) A person commits an offense if, knowing that fies a person as a peace officer or a reserve law an investigation or official proceeding is pending or enforcement officer; and in progress, he: (2) the person who makes, provides, or possess­ (1) alters, destroys, or conceals any record, doc­ es the card or document knows that the person so ument, or thing with intent to impair its verity, identified by the card or document is not certified legibility, or availability as evidence in the investi­ or licensed by the Commission on Law Enforce­ gation or official proceeding; or ment Officer Standards and Education in the ca­ (2) makes, presents, or uses any record, docu­ pacity of peace officer or reserve Jaw enforce­ ment, or thing with knowledge of its falsity and ment officer indicated on the card or document. with intent to affect the course or outcome of the (b) It is a defense to prosecution under this sec- investigation or official proceeding. tion that: (b) This section shall not apply if the record, (1) the card or document clearly identifies the document, or thing concealed is privileged or is the person as an honorary or junior peace officer or work product of the parties to the investigation or reserve law enforcement officer, or as a member official proceeding. of a junior posse; or (c) An offense under this section is a Class A (2) the person identified as a peace officer or misdemeanor. reserve Jaw enforcement officer by the card or [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, document was certified or licensed in that capaci­ 1974.] ty when the card or document was made. (c) In this section, "reserve Jaw enforcement offi­ § 37:10. Tampering with Governmental Record cer" has the same meaning as is given that term in (a) A person commits an offense if he: Section 6, Chapter 546, Acts of the 59th Legislature, (1) knowingly makes a false entry in, or false Regular Session, 1965 (Article 4413(29aa), Vernon's alteration of, a governmental record; Texas Civil Statutes). (2) makes, presents, or uses any record, docu­ (d) An offense under this section is a Class C ment, or thing with knowledge of its falsity and misdemeanor, unless the actor has been convicted with intent that it be taken as a genuine govern­ previously under this section, in which event it is a mental record; or Class B misdemeanor. (3) intentionally destroys, conceals, removes, or [Acts 1983, 68th Leg., p. 5672, ch. 1075, § 1, eff. Sept. 1, otherwise impairs the verity, legibility, or availa­ 1983.] bility of a governmental record. (b) It is an exception to the application of Subsec­ CHAPTER 38. OBSTRUCTING tion (a)(3) of this section that the governmental GOVERNMENTAL record is destroyed pursuant to legal authorization. OPERATION (c) An offense under this section is a Class A misdemeanor unless the actor's intent is to defraud Sec. or harm another, in which event the offense is a 38.01. Definitions. 38.02. Failure to Identify as Witness. felony of the third degree. 38.03. Resisting Arrest or Search. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 38.04. Evading Arrest. 1974.] 38.05. Hindering Apprehension or Prosecution. 38.06. Compounding. § 37.11. Impersonating Public Servant 38.07. Escape. 38.08. Permitting or Facilitating Escape. (a) A person commits an offense if he imperson­ 38.09. Effect of Unlawful Custody. ates a public servant with intent to induce another 38.10. Implements for Escape. to submit to his pretended official authority or to 38.11. Bail Jumping and Failure to Appear. rely on his pretended official acts. 38.12. Barratry. § 38.01 PENAL CODE 52 Sec. (c) Except as provided in Subsection (d) of this 38.13. Hindering Proceedings by Disorderly Conduct. section, an offense under this section is a Class A 38.14. Preventing Execution of Civil Process. misdemeanor. § 38.01. Definitions (d) An offense under this section is a felony of In this chapter: the third degree if the actor uses a deadly weapon to resist the arrest or search. (1) "Complaining witness" means the victim of a crime or a person who signs a criminal com­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, plaint. 1974.] (2) "Custody" means detained or under arrest by a peace officer or under restraint by a public § 38.04. Evading Arrest servant pursuant to an order of a court. (a) A person commits an offense if he intentional­ (3) "Escape" means unauthorized departure ly flees from a person he knows is a peace officer from custody or failure to return to custody fol­ attempting to arrest him. lowing temporary leave for a specific purpose or limited period, but does not include a violation of (b) It is an exception to the application of this conditions of probation or parole. section that the attempted arrest is unlawful. (4) "Governmental function" includes any activ­ (c) An offense under this section is. a Class B ity that a public servant is lawfully authorized to misdemeanor. undertake on behalf of government. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (5) "Official proceeding" means: 1974.] (A) a proceeding before a magistrate, court, or grand jury of this state; § 38.05. Hindering Apprehension or Prosecution (B) a proceeding before the legislature or an inquiry authorized by either house or any joint (a) A person commits an offense if, with intent to committee established by a joint or concurrent hinder the arrest, prosecution, conviction, or punish­ resolution of the two houses of the legislature ment of another for an offense, he: or any committee or subcommittee of either (1) harbors or conceals the other; house of the legislature; (2) provides or aids in providing the other with (C) a proceeding in which pursuant to lawful any means of avoiding arrest or effecting escape; authority a court orders attendance or the pro­ or duction of·evidence; or (3) warns the other of impending discovery or (D) a proceeding that otherwise is made ex­ apprehension. pressly subject to this chapter. (b) It is a defense to prosecution under Subsec­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, tion (a)(3) of this section that the warning was given 1974.] in connection with an effort to bring another into compliance with the law. § 38.02. Failure to Identify as Witness (c) An .offense under this section is a Class A (a) A person commits an offense if he intentional­ misdemeanor. ly refuses to report or gives a false report of his name and residence address to a peace officer who [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, has lawfully stopped him and requested the infor­ 1974.] mation. § 38.06. Compounding (b) An offense under this section is a Class C misdemeanor. (a) A complaining witness commits an offense if, [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, after criminal proceedings have been instituted, he 1974.] solicits, accepts, or agrees to accept any benefit in consideration of abstaining from, discontinuing, or § 38.03. Resisting Arrest or Search delaying the prosecution of another for an offense. (a) A person commits an offense if he intentional­ (b) It is a defense to prosecution under this sec­ ly prevents or obstructs a person he knows is a tion that the benefit received was: peace officer or a person acting in a peace officer's (1) reasonable restitution for damages suffered presence and at his direction from effecting an by the complaining witness as a result of the arrest or search of the actor or another by using offense; and force against the peace officer or another. (2) the result of an agreement negotiated with (b) It is no defense to prosecution under this the assistance or acquiescence of an attorney for section that the arrest or search was unlawful. the state who represented the state in the case. 53 OFFENSES AGAINST PUBLIC ADMINISTRATION § 38.12

(c) An offense under this section is a Class A § 38.09. Effect of Unlawful Custody misdemeanor. It is no defense to prosecution under Section 38.07 [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. (Escape) or 38.08 (Facilitating Escape) of this code Amended by Acts 1981, 67th Leg., ,p. 2660, ch. 716, § 1, eff. that the custody was unlawful. Sept. 1, 1981.] [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] § 38.07. Escape § 38.10. Implements for Escape (a) A person arrested for, charged with, or con­ victed of an offense commits an offense if he es­ (a) A person commits an offense if, with intent to capes from custody. facilitate escape, he introduces into a penal institu­ tion, or provides an inmate with, a deadly weapon or (b) Except as provided in Subsections (c) and (d) anything that may be useful for escape. of this· section, an offense under this section is a Class A misdemeanor. (b) An offense upder this section is a felony of the third degree ~nless the actor introdluced or (c) An offense under this section is a felony of provided a deadly weapon, in which event the of­ the third degree if the actor: fense is a felony of the second degree. (1) is under arrest for, charged with, or convict­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, ed of a felony; or 1974.] (2) is confined in a penal institution. § 38.ll. Bail Jumping and Failure to Appear (d) An offense under this section· is a felony of the second degree if the actor used or threatened to (a) A person lawfully released from custody, with use a deadly weapon to effect his escape. or without bail, on condition that he subsequently appear commits an offense if he intentionally .or [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, knowingly fails to appear in accordance with the 1974.] terms of his release. (b) This sectjon does not apply to apjJearances § 38.08. Permitting or Facilitating Escape incident to probation or parole. (a) An official or employee of an institution that (c) It is a defense to prosecution under this sec­ is responsible for maintaining persons in custody tion that the actor had a reasonable excuse for his commits an offense if he intentionally, knowingly, failure to appear in accordance with the terms of his or recklessly permits or facilitates the escape of a release. person in custody. (d) Except as provided in Subsections (e) and (f) (b) A person commits an offense if he intentional­ of this section, an offense under this section is a ly or knowingly causes or facilitates the escape of Class A misdemeanor. one who is in custody pursuant to: (e) An offense under this section is a Class C (1) an allegation or adjudication of delinquency; misdemeanor if the offense for which the actor's or appearance was required is punishable by fine only. (2) a statutory procedure authorizing involun­ tary commitment for mental illness, alcoholism, or (f) An offense under this section is a felony of the drug addiction. third degree if the offense for which the actor's appearance was required is classified as a felony. (c) Except as provided in Subsection (d) of this [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, section, an offense under this section is a Class A 1974.] misdemeanor. (d) An offense under this section is a felony of § 38.12. Barratry the third degree if: (a) A person commits an offense if, with intent to (1) the person in custody was under arrest for, obtain a benefit for himself or to harm another he: charged with or convicted of a felony; (1) institutes any suit or claim in which he (2) the person in custody was confined in a knows he has no interest; penal institution; (2) institutes any suit or claim that he knows is (3) the actor used or threatened to use a deadly false; weapon to effect the escape; or (3) solicits employment for himself or another to prosecute or defend a suit or to collect a claim; (4) the offense under Subsection (a) of this sec- tion was committed intentionally. · or (4) procures another to solicit for him employ­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, ment to prosecute or defend a suit or to collect a 1974.] claim. § 38.12 PENAL CODE 54

(b) An offense under this section is a Class A (2) a Class B misdemeanor if the value of the misdemeanor. use of the thing misapplied is $20 or more but [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, less than $200; 1974.] (3) a Class A misdemeanor if the value of the use of the thing misapplied is $200 or more but § 38.13. Hindering Proceedings by Disorderly less than $7 50; Conduct (4) a felony of the third degree if the value of (a) A person commits an offense if he intentional- the use of the thing misapplied is $750 or more ·ly hinders an official proceeding by noise or violent but less than $20,000; and or tumultuous behavior or disturbance. (5) a felony of the second degree if the value of the use of the thing misapplied is $20,000 or more. (b) A person commits an offense if he recklessly hinders an official proceeding by noise or violent or [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. tumultuous behavior or disturbance and continues Amended by Acts 1983, 68th Leg., p. 3241, ch. 558, § 7, after explicit official request to desist. eff. Sept. 1, 1983.] For applicability of change in law made by 1983 amendatory act (c) An offense under this section is a Class A to offenses committed before effective date of act, see note under misdemeanor. § 36.01.

[Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, § 39.02. Official Oppression 1974.] (a) A public servant acting under color of his § 38.14. Preventing Execution of Civil Process office or employment commits an offense if he: (a) A person commits an offense if he intentional­ (1) intentionally subjects another to mistreat­ ly or knowingly prevents the execution of any proc­ ment or to arrest, detention, search, seizure, dis­ ess in a civil cause. possession, assessment, or lien that he knows is unlawful; or (b) It is an exception to the application of this (2) intentionally denies or impedes another in section that the actor evaded service of process by the exercise or enjoyment of any right, privilege, avoiding detection. power, or immunity, knowing his conduct is un­ (c) An offense under this section is a Class C lawful. misdemeanor. (b) For purposes of this section, a public servant [Acts 1977, 65th Leg., p. 1136, ch. 427, § 1, eff. Aug. 29, acts under color of his office· or employment if he 1977.] acts or purports to act in an official capacity or takes advantage of such actual or purported capaci­ ty. CHAPTER 39. ABUSE OF OFFICE (c) An offense under this section is a Class A Sec. misdemeanor. 39.01. Official Misconduct. 39.02. Official Oppression. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 39.021. Violations of the Civil Rights of a Prisoner. 1974.] . 39.022. Failure to Report Death of Prisoner. 39.03. Misuse of Official Information. § 39.021. Violations of the Civil Rights of a Pris­ 39.04. Transferred oner (a) A jailer or guard employed at a municipal or § 39.01. Official Misconduct county jail or by the Texas Department of Correc­ (a) A public servant commits an offense if, with tions or a peace officer commits an offense if he: intent to obtain a benefit or with intent to harm (1) intentionally subjects a person in custody to another, he intentionally. or knowingly: bodily injury knowing his conduct is unlawful; (1) violates a law relating to his office or em­ (2) willfully denies or impedes a person in cus­ ployment; or tody in the exercise or enjoyment of any right, (2) misapplies any thing of value belonging to privilege, or immunity knowing his conduct is the government that has come into his custody or unlawful. possession by virtue of his office or employment. (b) An offense under this section is a felony of (b) An offense under Subsection (a)(l) of this the third degree. An offense under this section is a section is a Class A misdemeanor. felony of the second degree if serious bodily injury (c) An offense under Subsection (a)(2) of this. sec­ occurs or a felony of the first degree if death tion is: occurs. (1) a Class C misdemeanor if the value of the (c) This section shall not preclude prosecution for use of the thing misapplied is less than $20; any other offense set out in this code. 55 PUBLIC ORDER AND DECENCY § 42.01

(d) The Attorney General of Texas shall have Sec. concurrent jurisdiction with law enforcement agen­ 42.03. Obstructing Highway or Other Passageway. cies to investigate violations of this statute involv­ 42.04. Defense When Conduct Consists of Speech or ing serious bodily injury or death. Other Expression. 42.05. Disrupting Meeting or Procession. (e) In this section, "custody" means the deten­ 42.06. False Alarm or Report. tion, arrest, or confinement of a person. 42.07. Harassment. 42.08. Public Intoxication. [Acts 1979, 66th Leg., p. 1383, ch. 618, § 1, eff. Sept. 1, 42.09. Desecration of Venerated Object. 1979. Amended by Acts 1983, 68th Leg., p. 3242, ch. 558, 42.10. Abuse of Corpse. § 8, eff. Sept. 1, 1983.] 42.11. Cruelty to Animals. For applicability of change in law made by 1983 amendatory act 42.111. Dog Fighting. to offenses committed before effective date of act, see note under 42.12. Repealed. § 36.01. 42.13. Interference with Emergency Communication. § 39.022. Failure to Report Death of Prisoner § 42.01. Disorderly Conduct (a) A person commits an offense if the person is required to conduct an investigation and file a re­ (a) A person commits an offense if he intentional­ port by Article 49.0S(b), Code of Criminal Proce­ ly or knowingly: dure, 1965, and the person fails to investigate the (1) uses abusive, indecent, profane, or vulgar death, fails to file the report as required, or fails to language in a public place, and the language by include in a filed report facts known or discovered its very utterance tends to incite an immediate in the investigation. breach of the peace; (2) makes an offensive gesture or display in a (b) An offense under this section is a Class B public place, and the gesture or display tends to misdemeanor. incite an immediate breach of the peace; [Acts 1983, 68th Leg., p. 2510, ch. 441, § 2, eff. Sept. 1, (3) creates, by chemical means, a noxious and 1983.] unreasonable odor in a public place; Section 3 of the 1983 Act provides: (4) abuses or threatens a person in a public "The change in the law made by this Act applies only to a report required to be filed after the death of a prisoner who dies on or place in an obviously offensive manner; after the effective date of this Act." (5) makes unreasonable noise in a public place or in or near a private residence that he has no § 39.03. Misuse of Official Information right to occupy; (a) A public servant commits an offense if, in (6) fights with another in a public place; reliance on information to which he has access in his (7) enters on the property of another and for a official capacity and which has not been made pub­ lewd or unlawful purpose looks into a dwelling on lic, he: the property through any window or other open­ (1) acquires or aids another to acquire a pecuni­ ing in the dwelling; ary interest in any property, transaction, or enter­ (8) while on the premises of a hotel or compara­ prise that may be affected by the information; or ble establishment, for a lewd or unlawful purpose (2) speculates or aids another to speculate on looks into a guest room not his own through a the basis of the information. window or other opening in the room; (b) An offense under this section is a felony of (9) discharges a firearm in a public place other the third degree. than a public road; (10) displays a firearm or other deadly weapon [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 3243, ch. 558, § 9, in a public place in a manner calculated to alarm; eff. Sept. 1, 1983.] (11) discharges a firearm on or across a public For applicability of change in law made by 1983 amendatory act road; or to offenses committed before effective date of act, see note under (12) exposes his anus or genitals in a public § 36.01. place and is reckless about whether another may § 39.0.J. Transferred to Civil Statutes, art. be present who will be offended or alarmed by his 6252-9e act. (b) It is a defense to prosecution under Subsec­ TITLE 9. OFFENSES AGAINST PUBLIC tion (a)(4) of this section that the actor had signifi­ cant provocation for his abusive or threatening con­ ORDER AND DECENCY duct. CHAPTER 42. DISORDERLY CONDUCT AND (c) For purposes of this section, an act is deemed RELATED OFFENSES to occur in a public place or near a private residence Sec. if it produces its offensive or proscribed conse­ 42.01. Disorderly Conduct. quences in the public place or near a private resi­ 42.02. Riot. dence. § 42.01 PENAL CODE 56 (d) An offense under this section is a Class C (2) an offense which should have been anticipa- misdemeanor unless committed under Subsection ted as a result of the assembly. (a)(9) or (a)(IO) of this section, in which event it is a 1 [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, Class B misdemeanor; and further provide that a 1974.] person who violates Subsection (a)(ll) is guilty of a misdemeanor and on a first conviction is punishable § 42.03. Obstructing Highway or Other Passage­ by a fine of not less than $25 nor more than $200, way on a second conviction is punishable by a fine of not (a) A person commits an offense if, without legal less than $200 nor more than $500, and on a third or privilege or authority, he intentionally, knowingly, subsequent conviction is punishable by a fine of or recklessly: $500. (1) obstructs a highway, street, sidewalk, rail­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. way, waterway, elevator, aisle, hallway, entrance, Amended by Acts 1977, 65th Leg., p. 181, ch. 89, §§ 1, 2, or exit to which the public or a substantial group eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 4641, ch. 800, of the public has access, or any other place used § 1, eff. Sept. 1, 1983.] for the passage of persons, vehicles, or convey­ 1So in original. ances, regardless of the means of creating the Section 2 of the 1983 amendatory act provides: obstruction and whether the obstruction arises "(a) The change in law made by this Act applies only to an from his acts alone or from his acts and the acts offense committed on or after the effective date of this Act. For of others; or purposes of this section, an offense is committed before the effec­ (2) disobeys a reasonable request or order to tive date of this Act if any element of the offense occurs before the effective date. move issued by a person the actor knows to be or "(b) An offense committed before the effective date of this Act is informed is a peace officer, a fireman, or a is covered by the law in effect when the offense was committed, person with authority to control the use of the and the former law is continued in effect for this purpose." premises: § 42.02. Riot (A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1) (a) For the purpose of this section, "riot" means of this subsection; or the assemblage of seven or more persons resulting (B) to maintain public safety by dispersing in conduct which: those gathered in dangerous proximity to a fire, (1) creates an immediate danger of damage to riot, or other hazard. property or injury to persons; (b) For purposes of this section, "obstruct" (2) substantially obstructs law enforcement or means to render impassable or to render passage other governmental functions or services; or unreasonably inconvenient or hazardous. (3) by force, threat of force, or physical action (c) An offense under this section is a Class B deprives any person of a legal right or disturbs misdemeanor. any person in the enjoyment of a legal right. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (b) A person commits an offense if he knowingly 1974.] participates in a riot. (c) It is a defense to prosecution under this sec­ § 42.04. Defense When Conduct Consists of tion that the assembly was at first lawful and when Speech or Other Expression one of those assembled manifested an intent to (a) If conduct that would otherwise violate Sec­ engage in conduct enumerated in Subsection (a) of tion 42.0l(a)(5) (Unreasonable Noise) or 42.03 (Ob­ this section, the actor retired from the assembly. structing Passageway) of this code consists of (d) It is no defense to prosecution under this speech or other communication, of gathering with section that another who was a party to the riot has others to hear or. observe such speech or communi­ been acquitted, has not been arrested, prosecuted, cation, or of gathering with others to picket or or convicted, has been convicted of a different of­ otherwise express in a nonviolent manner a position fense or of a different type or class of offense, or is on social, economic, political, or religious questions, immune from prosecution. . the actor must be ordered to move, disperse, or (e) Except as provided in Subsection (f) of this otherwise remedy the violation prior to his arrest if section, an offense under this section is a Class B he has not yet intentionally harmed the interests of misdemeanor. others which those sections seek to protect. (f) An offense under this section is an offense of (b) The order required by this section may be the same classification as any offense of a higher given by a peace officer, a fireman, a person with grade committed by anyone engaged in the riot if authority to control the use of the premises, or any the offense was: person directly affected by the violation. (1) in the furtherance of the purpose of the (c) It is a defense to prosecution under Section assembly; or 42.0l(a)(5) or 42.03 of this code: 57 PUBLIC ORDER AND DECENCY § 42.09

(1) that in circumstances in which this section (3) conveys, in a manner reasonably likely to requires an order no order was given; alarm the person receiving the report, a false (2) that an order, if given, was manifestly un­ report, which is known by the conveyer to be reasonable in scope; or false, that another person has suffered death or (3) that an order, if given, was promptly obey­ serious bodily injury; ed. (4) causes the telephone of another to ring re­ peatedly or makes repeated telephone commmJica­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, tions anonymously or in a manner reasonably 1974.] likely to harass, annoy, alarm, abuse, torment, § 42.05. Disrupting Meeting or Procession embarrass, or offend another; (5) makes a telephone call and intentionally (a) A person commits an offense if, with intent to fails to hang up or disengage the connection; or prevent or disrupt a lawful meeting, procession, or (6) knowingly permits a telephone under his gathering, he obstructs or interferes with the meet­ control to be used by a person to commit an ing, procession, or gathering by physical action or offense under this section. verbal utterance. (b) For purposes of Subsection (a)(l) of this sec­ (b) An offense under this section is a Class B tion, "obscene" means containing a patently offen­ misdemeanor. sive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, mas­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] turbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function. § 42.06. False Alarm or Report (c) An offense under this section is a Class B (a) A person commits an offense if he knowingly misdemeanor. initiates, communicates or circulates a report of a [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. present, past, or future bombing, fire, offense, or Amended by Acts 1983, 68th Leg., p. 2204, ch. 411, § 1, other emergency that he knows is false or baseless eff. Sept. 1, 1983.] and that would ordinarily: Section 2 of the 1983 amendatory act provides: "(a) The change in law made by this Act applies only to an (1) cause action by an official or volunteer offense committed on or after the effective date of this Act. An agency organized to deal with emergencies; offense committed before the effective date of this Act is covered (2) place a person in fear of imminent serious by the law as it existed when the offense was committed, and the bodily injury; or ' former law is continued in effect for that purpose. "(b) For purposes of this section, an offense is committed before (3) prevent or interrupt the occupation of a the effective date of this Act if any element of the offense occurs building, room, place of assembly, place to which before the effective date of this Act." the public has access, or aircraft, automobile, or other mode of conveyance. § 42.08. Public Intoxication (b) An offense under this section is a Class .A (a) An individual commits an offense if he ap­ misdemeanor unless the false report is of an emer­ pears in a public place under the influence of alcohol gency involving public communications, public or any other substance, to the degree that he may transportation, public water, gas, or power supply endanger himself or another. or other public service, in which event the offense is (b) A peace officer or magistrate may release a felony of the third degree. from custody an individual arrested under this sec­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. tion if he .believes imprisonment is unnecessary for Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 4, eff. the protection of the individual or others. Aug. 27, 1979.] (c) It is a defense to prosecution under this sec­ tion that the alcohol or other substance was admin­ § 42.07. Harassment istered for therapeutic purposes by a licensed physi­ (a) A person commits an offense if, with intent to cian. harass, annoy, alarm, abuse, torment, or embarrass (d) An offense under this section is a Class C another, he: misdemeanor. (1) initiates communication by telephone or in [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, writing and in the course of the communication 1974.] makes a comment, request, suggestion, or propos­ § 42.09. Desecration of Venerated Object al that is obscene; (2) threatens, by telephone or in writing, in a (a) A person commits an offense if he intentional- manner reasonably likely to alarm the person ly or knowingly desecrates: receiving the threat, to inflict serious bodily inju­ (1) a public monument; ry on the person or to commit a felony against the (2) a place of worship or burial; or person, a member of his family, or his property; (3) a state or national flag. § 42.09 PENAL CODE 58 (b) For purposes of this section, "desecrate" For saving provisions see note set out under Section 1.07. means deface, damage, or otherwise physically mis­ treat in a way that the actor knows will seriously § 42.111. Dog Fighting offend one or more persons likely to observe or (a) A person commits an offense if he intentional- discover his action. ly or knowingly: · (c) An offense under this section is a Class A (1) causes a dog to fight with another dog; misdemeanor. (2) for a pecuniary benefit causes a dog to fight with another dog; [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] (3) participates in the earnings of or operates a facility used for dog fighting; § 42.10. Abuse of Corpse (4) uses or permits another to use any real (a) A person commits an offense if, not authoriz­ estate, building, room, tent, arena, or other prop­ ed by law, he intentionally or knowingly: erty for dog fighting; (1) disinters, disturbs, removes, dissects, in (5) owns or trains a dog with the intent that the whole or in part, carries away, or treats in a dog be used in an exhibition of dog fighting; or seriously offensive manner a human corpse; (6) attends as a spectator an exhibition of dog (2) conceals a human corpse knowing it to be fighting. illegally disinterred; (b) In this section, "dog fighting'' means any situa­ (3) sells or buys a human corpse or in any way tion in which one dcig attacks-orrights with another traffics in a human corpse; or dog. (4) transmits or conveys, or procures to be (c) A party to an offense under Subdivision (2), transmitted or conveyed, a human corpse to a (3), or (4) of Subsection (a) of this section may be place outside the state. required to furnish evidence or testify about the (b) An offense under this section is a Class A offense but may not be prosecuted for the offense misdemeanor. about which he is required to furnish evidence or testify. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 19UJ . (d) A conviction under Subdivision (2), (3), or (4) of Subsection (a) of this section may be had upon § 42.11. Cruelty to Animals the uncorroborated testimony of a party to the (a) A person commits an offense if he intentional­ offense. ly or knowingly: (e) It is a defense to prosecution under Subdivi­ (1) tortures or seriously overworks an animal; sion (1) or (2) of Subsection (a) of this section that (2) fails unreasonably to provide necessary the actor caused a dog to fight with another dog to food, care, or shelter for an animal in his custody; protect livestock, other property, or a person from (3) abandons unreasonably an animal in his cus­ the other dog, and for no other purpose. tody; (f) An offense under Subdivision (1) or (5) of (4) transports or confines an animal in a cruel Subsection (a) of this section is a Class A misde­ manner; meanor. An offense under Subdivision (2), (3), or (5) kills, injures, or administers poison to an (4) of Subsection (a) of this section is a felony of the animal, other than cattle, horses, sheep, swine, or third degree. An offense under Subdivision (6) of goats, belonging to another without legal authori­ Subsection (a) of this section is a Class C misde­ ty or the owner's effective consent; or meanor. (6) causes one animal to fight with another. [Acts 1983, 68th Leg., p. 1610, ch. 305, § 1, eff. Sept. 1, (b) It is a defense to prosecution under this sec­ 1983.] . tion that the actor was engaged in bona fide experi­ § 42.12. Repealed by Acts 1975, 64th Leg., p. 918, mentation for scientific research. ch. 342, § 16, eff. Sept. 1, 1975 (c) For purposes of this section, "animal" means For saving provisions see note set out under Section 1.07. a domesticated living creature and wild living crea­ ture previously captured. "Animal" does not in­ § 42.13. Interference with Emergency Communi­ clude an uncaptured wild creature or a wild crea­ cation ture whose capture was accomplished by conduct at (a) A -person commits an offense if the person issue under this section. intentionally, knowingly, recklessly, or with criminal (d) An offense under this section is a Class A negligence interrupts, disrupts, impedes, or other­ misdemeanor. wise interferes with the transmission of a communi­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. cation over a citizen's band radio channel, the pur­ Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 12, eff. pose of which communication is to inform or inquire Sept. 1, 1975.] about an emergency. 59 PUBLIC ORDER AND DECENCY § 43.05

(b) In this section, "emergency" means a condi­ (1) offers to engage, agrees to engage, or en­ tion or circumstance in which an individual is or is gages in sexual conduct for a fee; or reasonably believed by the person transmitting the (2) solicits another in a public place to engage communication to be in imminent danger of serious with him in sexual conduct for hire. bodily injury or in which property is or is reasonably (b) An offense is established under Subsection believed by the person transmitting the communica­ (a)(l) of this section whether the actor is to receive tion to be in imminent danger of damage or destruc­ or pay a fee. An offense is established under tion. Subsection (a)(2) of this section whether the actor (c) An offense under this section is a Class B solicits a person to hire him or offers to hire the misdemeanor unless, as a result of the commission person solicited. of the offense, serious bodily injury or property loss in excess of $1,000 occurs, in which event the of­ (c) An offense under this section is a Class B fense is a felony of the third degree. misdemeanor, unless the actor has been convicted previously under this section, in which event it is a [Acts 1979, 66th Leg., p. 806, ch. 365, § 1, eff. Aug. 27, Class A misdemeanor. 1979.] [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 757, ch. 286, § 1, eff. CHAPTER 43. PUBLIC INDECENCY May 27, 1977.)

SUBCHAPTER A. PROSTITUTION § 43.03. Promotion of Prostitution Sec. 43.01. Definitions. (a) A person commits an offense if, acting other 43.02. Prostitution. than as a prostitute receiving compensation for per­ 43.03. Promotion of Prostitution. sonally rendered prostitution services, he or she 43.04. Aggravated Promotion of Prostitution. knowingly: 43.05. Compelling Prostitution. 43.06. Accomplice Witness: Testimony and Immunity. (1) receives money or other property pursuant to an agreement to participate in the proceeds of SUBCHAPTER B. OBSCENITY prostitution; or 43.21. Definitions. (2) solicits another to engage in sexual conduct 43.22. Obscene Display or Distribution. with another person for compensation. 43.23. Obscenity. 43.24. Sale, Distribution, or Display of Harmful Material (b) An offense under this section is a Class A to Minor. misdemeanor. 43.25. Sexual Performance by a Child. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 758, ch. 287, § 1, eff. SUBCHAPTER A. PROSTITUTION May 27, 1977.)

§ 43.01. Definitions § 43.04. Aggravated Promotion of Prostitution In this subchapter: (a) A person commits an offense if he knowingly (1) "Deviate sexual intercourse" means any owns, invests in, finances, controls, supervises, or contact between the genitals of one person and manages a prostitution enterprise that uses two or the mouth or anus of another person. more prostitutes. (2) "Prostitution" means the offense defined in Section 43.02 of this code. (b) An offense under this section is a felony of (3) "Sexual contact" means any touching of the the third degree. anus, breast, or any part of the genitals of anoth­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, er person with intent to arouse or gratify the 1974.) sexual desire of any person. (4) "Sexual conduct" includes deviate sexual § 43.05. Compelling Prostitution intercourse, sexual contact, and sexual inter­ (a) A person commits an offense if he knowingly: course. (5) "Sexual intercourse" means any penetration (1) causes another by force, threat, or fraud to of the female sex organ by the male sex organ. commit prostitution; or (2) causes by any means a person younger than [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. 17 years to commit prostitution. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, § 2, eff. Aug. 27, 1979.] (b) An offense under this section is a felony of the second degree. § 43.02. Prostitution [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (a) A person commits an offense if he knowingly: 1974.] § 43.06 PENAL CODE 60

§ 43.06. Accomplice Witness: Testimony and Im­ (4) "Patently offensive" means so offensive on munity its face as to affront current community stan­ (a) A party to an offense under this subchapter dards of decency. may be required to furnish evidence or testify about (5) "Promote" means to manufacture, issue, the offense. sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute; circulate, dissemi­ (b) A party to an offense under this subchapter nate, present, exhibit, or advertise, or to offer or may not be prosecuted for any offense about which agree to do the same. he is required to furnish evidence or testify, and the evidence and testimony may not be used against the (6) "Wholesale promote" means to manufac­ party in any adjudicatory proceeding except a prose­ ture, issue, sell, provide, mail, deliver, transfer, cution for aggravated perjury. transmit, publish, distribute, circulate, dissemi­ nate, or to offer or agree to do the same for (c) For purposes of this section, "adjudicatory purpose of resale. proceeding" means a proceeding before a court or (7) "Obscene device" means a device including any other agency of government in which the legal a dildo or artificial vagina, designed or marketed rights, powers, duties, or privileges of specified as useful primarily for the stimulation of human parties are determined. genital organs. (d) A conviction under this subchapter may be (b) If any of the depictions or descriptions of had upon the uncorroborated testimony of a party sexual conduct described in this section are declared to the offense. by a court of competent jurisdiction to be unlawful­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, ly included herein, this declaration shall not invali­ 1974.] date this section as to other patently offensive sexual conduct included herein. [Sections 43.07 to 43.20 reserved for expansion] [Acts 1973, 63rd Leg., p. 883, ch. 399, § l, eff. Jan. l, 1974. SUBCHAPTER B. OBSCENITY Amended by Acts 1975, 64th Leg., p. 372, ch. 163, § 1, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1974, ch. 778, § 1, § 43.21. Definitions eff. Sept. 1, 1979.] 1 In So in original. (a) this subchapter: Sections 3 and 4 of the 1979 amendatory act provided: (1) "Obscene" means material or a performance "Sec. 3. If any portion of this Act is declared unlawful by a that: court of competent jurisdiction, this declaration does not invalidate (A) the average person, applying contempo­ any other portions of this Act. rary community standards, would find that tak­ "Sec. 4. This Act applies only to offenses committed on or en as a whole appeals to the prurient interest in after its effective date. A criminal action for an offense commit­ ted before this Act's effective date is governed by the law in sex; existence before the effective date of this Act, and Sections 43.21 (B) depicts or describes: and 43.23, Penal Code, as in existence before the effective date of this Act, are continued in effect for this purpose as if this Act were (i) patently offensive representations or de­ not in effect. For the purpose of this section, an offense is scriptions of ultimate sexual acts, normal or committed before the effective date of this Act if any element of perverted, actual or simulated, including sexual the offense is committed before the effective date." intercourse, sodomy, and sexual bestiality;1 or § 43.22. Obscene Display or Distribution (ii) patently offensive representations or de­ scriptions of masturbation, excretory functions, (a) A person commits an offense if he intentional­ sadism, masochism, lewd exhibition of the geni­ ly or knowingly displays or distributes an obscene tals, the male or female genitals in a state of photograph, drawing, or similar visual representa­ sexual stimulation or arousal, covered male tion or other obscene material and is reckless about genitals in a discernibly turgid state or a device whether a person is present who will be offended or designed and marketed as useful primarily for alarmed by the display or distribution. stimulation of the human genital organs; and (b) An offense under this section is a Class C (C) taken as a whole, lacks serious literary, misdemeanor. artistic, political, and scientific value. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, (2) "Material" means anything tangible that is 1974.] capable of being used or adapted to arouse inter­ § 43.23. Obscenity est, whether through the medium of reading, ob­ servation, sound, or in any other manner, but (a) A person commits an offense if, knowing its does not include an actual three dimensional ob­ content and character, he wholesale promotes or scene device. possesses with intent to ·wholesale promote any (3) "Performance" means a play, motion pic­ obscene material or obscene device. ture, dance, or other exhibition performed before (b) An offense under Subsection (a) of this section an audience. is a felony of the third degree. 61 PUBLIC ORDER AND DECENCY § 43.25 (c) A person commits an offense if, knowing its (1) and knowing the person is a minor, he sells, content and character, he: distributes, exhibits, or possesses for sale, distri­ (1) promotes or possesses with intent to pro­ bution, or exhibition to a minor harmful material; mote any obscene material or obscene device; or (2) he displays harmful material and is reckless (2) produces, presents, or directs an obscene about whether a minor is present who will· be performance or participates in a portion thereof offended or alarmed by the display; or that is obscene or that contributes to its obsceni­ (3) he hires, employs, or uses a minor to do or ty. accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(l) or (d) An offense under Subsection (c) of this section (b)(2) of this section. is a Class A misdemeanor. (c) It is a defense to prosecution under this sec­ (e) A person who promotes or wholesale promotes tion that: obscene material or an obscene device or possesses (1) the sale, distribution, or exhibition was by a the same with intent to promote or wholesale pro­ person having scientific, educational, governmen­ mote it in the course of his business is presumed to tal, or other similar justification; or do so with knowledge of its content and character. (2) the sale, distribution, or exhibition was to a (f) A person who possesses six or more obscene minor who was accompanied by a consenting par­ devices or identical or similar obscene articles is ent, guardian, or spouse. presumed to possess them with intent to promote (d) An offense under this section is a Class A the same. misdemeanor unless it is committed under Subsec­ (g) This section does not apply to a person who tion (b)(3) of this section in which event it is a felony possesses or distributes obscene material or obscene of the third degree. devices or participates in conduct otherwise pre­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, scribed by this section when the possession, partici­ 1974.] pation, or conduct occurs in the course of law en­ forcement activities. § 43.25. Sexual Performance by a Child [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. (a) In this section: Amended by Acts 1979, 66th Leg., p. 1975, ch. 778, § 2, eff. (1) "Sexual performance" means any perform­ Sept. 1, 1979.] ance or part thereof that includes sexual conduct Sections 3 and 4 of the 1979 amendatory act provided: by a child younger than 17 years of age. "Sec. 3. If any portion of this Act is declared unlawful by a (2) "Obscene sexual performance" means any court of competent jurisdiction, this declaration does not invalidate performance that includes sexual conduct by a any other portions of this Act. child younger than 17 years of age of any materi­ "Sec. 4. This Act applies only to offenses committed on or al that is obscene, as that term is defined by after its effective date. A criminal action for an offense commit· ted before this Act's effective date is governed by the law in Section 43.21 of this code. existence before the effective date of this Act, and Sections 43.21 (3) "Sexual conduct" means actual or simulated and 43.23, Penal Code, as in existence before the effective date of sexual intercourse, deviate sexual intercourse, this Act, are continued in effect for this purpose as if this Act were sexual bestiality, masturbation, sado-masochistic not in effect. For the purpose of this section, an offense is committed before the effective date of this Act if any element of abuse, or lewd exhibition of the genitals. the offense is committed before the effective date." (4) "Performance" means any play, motion pic­ ture, photograph, dance, or other visual represen­ § 43.24. Sale, Distribution, or Display of Harm­ tation that is exhibited before an audience. ful Material to Minor (5) "Promote" means to procure, manufacture, (a) For purposes of this section: issue, sell, give, provide, lend, mail, deliver, trans­ fer, transmit, publish, distribute, circulate, dis­ (1) "Minor" means an individual younger than seminate, present, exhibit, or advertise or to offer 17 years. or agree to do any of the above. (2) "Harmful material" means material whose (6) "Simulated" means the explicit depiction of dominant theme taken as a whole: sexual conduct that creates the appearance of (A) appeals to the prurient interest of a mi­ actual sexual conduct and during which the per­ nor, in sex, nudity, or excretion; sons engaging in the conduct exhibit any uncov­ (B) is patently offensive to prevailing stan­ ered portion of the breasts, genitals, or buttocks. dards in the adult community as a whole with (7) "Deviate sexual intercourse" has the mean­ respect to what is suitable for minors; and ing defined by Section 43.01 of this code. (C) is utterly without redeeming social value (8) "Sarlo-masochistic abuse" has the meaning for minors. defined by Section 43.24 of this code. (b) A person commits an offense if, knowing that (b) A person commits an offense if, knowing the the material is harmful: character and content thereof, he employs, autho- § 43.25 PENAL CODE 62 rizes, or induces a child younger than 17 years of TITLE 10. OFFENSES AGAINST PUBLIC age to engage in a sexual performance. A parent or legal guardian or custodian of a child younger HEALTH, SAFETY, AND MORALS than 17 years of age commits an offense if he CHAPTER 46. WEAPONS consents to the participation by the child in a sexual Sec. performance. 46.01. Chapter Definitions. (c) An offense under Subsection (b) of this section 46.02. Unlawful Carrying Weapons, 46.03. Non-Applicable. is a felony of the second degree. 46.04. Places Weapons Prohibited. . (d) A person commits an offense if, knowing the 46.05. Unlawful Possession of Firearm by Felon . 46.06. Prohibited Weapons. character and content of the material, he produces, 46.07. Unlawful Transfer of Firearm. directs, or promotes an obscene performance. that 46.08. Interstate Purchase. includes sexual conduct by a child younger than 17 46.09. Hoax Bombs: years of age. 46.10. Components of Explosives.

(e) A person commits an offense if, knowing the § 46.01. Chapter Definitions character and content of the material, he produces, In this chapter: directs, or promotes a performance that includes (1) "Club" means an instrument that is special­ sexual conduct by a child younger than 17 years ?f ly designed, made, or adapted for the purpose of age; inflicting serious bodily injury or death by strik­ (f) An offense under Subsection (d) or (e) of this ing a person with the instrument, and includes section is a felony of the third degree. but is· not limited to the following: (A) blackjack; (g) It is an affirmative defense to a prosecution (B) nightstick; under this section that the defendant, in good faith, (C) mace; reasonably believed that the person who engaged in (D) tomahawk. the sexual conduct was 17 years -of age or older. (2) "Explosive weapon" means any explosive or (h) When it becomes necessary for the purposes incendiary bomb, grenade, rocket, or mine, that is of this section to determine whether a child who designed, made, or adapted for the purpose of participated in sexual conduct was younger than 17 inflicting serious bodily injury, death, or substan­ tial property damage, or for the principal purpose years of age, the. court or jury may make this of causing such a loud report as to cause undue determination by any of the following methods: public alarm or terror, and includes a device de­ (1) personal inspection of the child; signed, made, or adapted for delivery or shooting (2) inspection of the photograph or motion pic­ an explosive weapon. ture that shows the child engaging in the sexual (3) "Firearm" means any device designed, performance; made, or adapted to expel a projectile through a (3) oral testimony by a witness to the sexual barrel by using the energy generated by an explo­ performance as to the age of the child based on sion or burning substance· or any device readily the child's appearance at the time; convertible to that use. Firearm does not include antique or curio firearms that were manu~actured (4) expert medical testimony based on the ap­ prior to 1899 and that may have, as an mt~g~al pearance of the child engaging in the sexual part, a folding knife blade or other characteristics performance; or of weapobs made illegal by this chapter. (5) any other method authorized by law or by (4) "Firearm silencer" means any device de­ the rules of evidence at common law. signed, made, or adapted to muffle the report of a firearm. . [Acts 1977, 65th Leg., p. 1035, ch. 381, § 1, eff. June 10, 1977. Amended by Acts 1979, 66th Leg., p. 1976, ch. 779, (5) "Handgun" means any firearm that is de­ § 1, eff. Sept. 1, 1979.] signed, made, or adapted to be fired with one hand. Section 2 of the 1979 amendatory act provided: (6) "Illegal knife" means a: "This Act applies only to offenses committed on or after its (A) knife with a blade over five and one-half effective date. A criminal action for an offense committed before this Act's effective date is governed by the law in existence when inches; the offense was committed, and Section 43.25, Penal Code, as in (B) a hand instrument designed to cut or stab existence before the effective date of this Act, is continued in another by being thrown; effect for this purpose as if this Act were not in effect. For the (C) dagger, including but not limited to a purpose of this section, an offense is committed before the effec­ tive date of this Act if any element of the offense occurs before the dirk, stiletto, and poniard; effective date." (D) bowie knife; 63 PUBLIC HEALTH, SAFETY, AND MORALS § 46.03

(E) sword; or Section 6 of Acts 1983, 68th Leg., p. 4833, ch. 852, provides: (F) spear. "(a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For (7) "Knife" means any bladed hand instrument purposes of this section, an offense is committed before the effec­ that is capable of inflicting serious bodily injury tive date of this Act if any element of the offense occurs before the or death by cutting or stabbing a person with the effective date. instrument. "(b) An offense committed before the effective date of this Act (8) "Knuckles" means any instrument that con­ is covered by the law in effect when the offense was committed, sists of finger rings or guards made of a hard· and the former law is continued in effect for this purpose." substance and that is designed, made, or adapted § 46.02. Unlawful Carrying Weapons for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed (a) A person commits an offense if he intentional­ in the knuckles. ly, knowingly, or recklessly carries on or about .his (9) "Machine gun" means any firearm that is person a handgun, illegal knife, or club. · · capable of shooting more than two shots automat­ (b) Except as provided in Subsection (c), an of­ ically, without manual reloading, by a single func­ fense under this section is a Class A misdemeanor. tion of the trigger. (10) "Short-barrel firearm" means a rifle with a (c) An offense under this section is a felony of barrel length of less Uian 16 inches or a shotgun the third degree if it occurs on any premises li­ with a barrel length of less' than 18 inches, or any censed or issued a permit by this state for the sale weapon made from a shotgun or rifle if, as al­ or service of alcoholic beverages. tered, it has an overall length of less than 26 [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, inches. 1974.] (11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the § 46.03. Non-Applicable handle or sheath, and that: (a) The provisions of'~ection 46.02 of this code do (A) opens automatically by pressure applied not apply to a person: to a button or other device located on the han- (1) in the actual discharge of his official duties dle; or - as a member of the armed forces or national (B) opens or releases a blade from the handle guard or a guard employed by a penal institution; or sheath by the force of gravity or by the (2) on his own premises or premises under hls application of centrifugal force. control unless he is an employee or agent of the Text of subdivision as added by Acts 1983, 68th owner of the premises and his primary responsi­ Leg., p. 2650, ch. 457, § 1 bility is to act in the capacity of a private security (12) "Armor-piercing ammunition" means hand­ guard to protect persons or property, in which gun ammunition that is designed primarily for the event he must comply with Subdivision (5) of. this purpose of penetrating metal or body armor and subsection; to be used principally in pistols and revolvers. (3) traveling; Text of subdivision as added by Acts 1983, 68th (4) engaging in lawful hunting, fishing, or oth­ er sporting activity if the weapon is a type com­ Leg., p. 4830, ch. 852, § 1 · monly used in the activity; (12) "Chemical dispensing device" means a de­ (5) who holds a security officer commission is­ vice, other than a small chemical dispenser sold sued by the Texas Board of Private Investigators commercially for personal protection, that is de­ and Private Security Agencies, if: signed, made, or adapted for the purpose of causing an adverse psychological or physiological (A) he is engaged in the performance of his effect on a human being. duties as a security officer or traveling to and from his place of assignment; (13) "Hoax bomb" means a device that: (B) he is wearing a distinctive uniform; and (A) reasonably appears to be an· explosive or incendiary device; or (C) the weapon is in plain view; or (B) by its design causes alarm or reaction of (6) who is a peace officer. any type by an official of a public safety agen­ (b) The provision of Section 46.02 of this code cy or a volunteer agency organized to deal with prohibiting the carrying of a club does not apply to emergencies. a noncommissioned security guard at an institution [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. of higher education who carries a nightstick or Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 13, eff. similar club, and who has undergone 15 hours of Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 1, training· in the proper use of the club, including at eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, least seven hours of training in the use of the club § 1, eff. Sept. 1, 1983.] for nonviolent restraint. For the purposes of this For saving provisions see note set out under Section 1.07. section, "nonviolent restraint" means the use of WTSC Penal-4 § 46.03. PENAL CODE 64

reasonable force, not intended and not likely to § 46.06. Prohibited Weapons inflict bodily injury. (a) A person commits an offense if he intentional­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. ly or knowingly possesses, manufactures, trans­ Amended by Acts 1975, 64th Leg., p. 109, ch. 49, § 1, eff. ports, repairs, or sells: April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, § 14, (1) an explosive weapon; eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, § 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. (2) a machine gun; 746, § 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, (3) a short-barrel firearm; ch. 552, § 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. (4) a firearm silencer; 5113, ch. 931, § 1, eff. Aug. 29, 1983.] (5) a switchblade knife; For saving provisions of Acts 1975, 64th Leg., ch. 342, see note set out under Section 1.07. (6) knuckles; or Text of subdivision as added by Acts 198.J, 68th § 46.04. Places Weapons Prohibited Leg., p. 2650, ch. 457, § 2 (a) A person commits an offense if, with a fire­ (7) armor-piercing ammunition. arm, or explosive weapon, or illegal knife, he inten­ tionally, knowingly, or recklessly goes: Text of subdivision as added by Acts 1983, 68th Leg., p. 4831, ch. 852, § 2 (1) on the premises of a school or an education­ al institution, whether public or private, unless (7) a chemical dispensing device. pursuant to written regulations or written autho­ (b) It is a defense to prosecution under this sec­ rization of the institution; tion that the actor's conduct was incidental to the (2) on the premises of a polling place on the day performance of official duty by the armed forces or of an election or while absentee balloting is in national guard, a governmental law enforcement progress; or agency, or a penal institution. (3) in any government court or offices utilized (c) It is a defense to prosecution under this sec­ by the court, unless pursuant to written regula­ tion that the actor's possession was pursuant to tions or written authorization of the court. registration pursuant to the National Firearms Act, (b) It is a dqfense to prosecution that the actor as amended. 1 possessed a firearm under Subdivision (1), (2), or (3) (d) It is an affirmative defense to prosecution of Subsection (a) of this section while in the actual under this section that the actor's conduct: discharge of his official duties as a peace officer or (1) was incidental to dealing with a switchblade a member of the armed forces or national guard or knife, springblade knife, or short-barrel firearm a. guard employed by a penal institution, or an solely as an antique or curio; or officer of the court. (2) was incidental to dealing with armor-pierc­ (c) An offense under this section is a third degree ing ammunition solely for the purpose of making felony. the ammunition available to an organization, agency, or institution listed in Subsection (b) of [Acts 1973, 63rd Leg., p. 883, ch. 399, § l, eff. Jan. 1, 1974. Amended by Acts 1983; 68th Leg., p. 2962, ch. 508, § 1, this section. eff. Aug. 29, 1983.] ' (e) An offense under this section is a felony of Section 2 of the 1983 amendatory act provides: the second degree unless it. is committed under "If any provision, section, or clause of this Act or application Subsection (a)(5) or (a)(6) of this section, in which thereof to any person or circumstances is held invalid, such invalid· event, it is a Class A misdemeanor. ity shall not affect the provisions or applications hereof which can be given effect without the invalid provision, section, or clause, and [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. to this end the provisions of this Act are declared to be severable." Amended by Acts 1975, 64th Leg., p. 918, ch. 342, § 15, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 2, eff. Sept.· 1, 1983; .Acts 1983, 68th Leg., p. 4831, ch. 852, § 46.05. Unlawful Possession of Firearm by Fel­ § 2, eff. Sept. 1, 1983.] on 1 26 U.S.C.A. § 5801 et seq. (a) A person who has been convicted of a felony involving an act of violence or threatened violence For saving provisions see note set out under Section 1.07. to a person or property commits an offense if he Section 6 of Acts 1983, 68th Leg., p. 4833, ch. 852, § 2, provides: possesses a firearm away from the premises where "(a) The change in law made by this Act applies only to an he lives. offense committed on or after the effective date of this Act. For purposes of this section; an offense is committed before the effec­ (b) An offense under this section is a felony of tive date of this Act if any element of the offense occurs before the the third degree. effective date. I "(b) An offense committed before the effective date of this Act [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, is covered by the law in effect when the offense was committed, 1974.] and the former law is continued in effect for this purpose." 65 PUBLIC HEALTH, SAFETY, AND MORALS § 47.01

§ 46.07. Unlawful Transfer of Firearm tive date of this Act if any element of the offense occurs before the effective date. (a) A person commits an offense if he: "(b) An offense committed before the effective date of this Act (1) sells, rents, leases, loans, or gives a hand­ is covered by the Jaw in effect when the offense was committed, gun to any person knowing that the person to and the former Jaw is continued in effect for this purpose." whom the handgun is to be delivered intends to use it unlawfully or in the commission of an § 46.10. Components of Explosives unlawful act; (a) A person commits an offense if the person (2) intentionally or knowingly sells, rents, leas­ knowingly possesses components of an explosive es, or gives or offers to sell, rent, lease, or give to weapon with the intent to combine the components any child younger than 18 years any_ firearm; or into an explosive weapon for use in a criminal (3) intentionally, knowingly, or recklessly sells endeavor. a firearm or ammunition for a firearm to any person who is intoxicated. (b) An offense under this section is a felony of the third degree. (b) For purposes of this section, "intoxicated" means substantial impairment of mental or physical [Acts 1983, 68th Leg., p. 4832, ch. 852, § 4, eff. Sept. 1, capacity resulting from introduction of any sub­ 1983.] stance into the body. Section 6 of the 1983 Act provides: "(a) The change in law made by this Act applies only to an (c) It is an affirmative defense to prosecution offense committed on or after the effective date of this Act. For under Subsection (a)(2) -0f this section that the trans­ purposes of this section, an offense is committed before the effec­ fer was to a minor whose parent or the person tive date of this Act if any element of the offense occurs before the having legal custody of the minor had given written effective date. permission for the sale or, if the transfer was other "(b) An offense committed before the effective date of this Act is covered by the Jaw in effect when the offense was committed, than a sale, the parent or person having legal custo­ and the former Jaw is continued in effect for this purpose." dy had given effective consent. (d) An offense under this section is a Class A CHAPTER 47. GAMBLING misdemeanor. Sec. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 47.01. Definitions. 1974.] . 47.02. Gambling. § 46.08. Interstate Purchase 47.03. Gambling Promotion. 47.04. Keeping a Gambling Place. A resident of this state may, if not otherwise 47.05. Communicating Gambling Information. precluded by law, purchase firearms, ammunition, 47.06. Possession of Gambling Device or Equipment. reloading components, or firearm accessories in con­ 47.07. Possession of Gambling Paraphernalia. tiguous states. This authorization is enacted in 47.08. Evidence. conformance with Section 922(b)(3)(A), Public Law 47.09. Testimonial Immunity. 90-618, 90th Congress.1 47.10. Bingo. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, § 47.01. Definitions 1974.] I 18 U.S.C.A. § 922(b)(3)(A). In this chapter: (1) "Bet" means an agreement that, dependent § 46.09. Hoax Bombs on chance even though accompanied by some (a) A person commits an offense if the person skill, one stands to win or lose something of knowingly manufactures, sells, purchases, trans­ value .. A bet does not include: ports, or possesses a hoax bomb with intent to use (A) contracts of indemnity of 1 guaranty, or the hoax bomb to: life, health, property, or accident insurance; or (1) make another believe that the hoax bomb is (B) an offer of a prize, award, or compensa­ an explosive or incendiary deviCe; or tion to the actual contestants in a bona fide (2) cause alarm or reaction of any type by an contest for the determination of skill, speed, official of a public safety agency or volunteer strength, or endurance or to the owners of agency organized to deal with emergencies. animals, vehicles, watercraft, or aircraft en­ (b) An offense under this section is a Class A tered in a contest. misdemeanor. (2) "Gambling place" means any real estate, building, room, tent, vehicle, boat, or other prop­ [Acts 1983, 68th Leg., p. 4831, ch. 852, § 3, eff. Sept. 1, 1983.] erty whatsoever, one of the uses of which is the Section 6 of the 1983 Act provides: making or settling of bets, the receiving, holding, "(a) The change in Jaw made by this Act applies only to an recording, or forwarding of bets or offers to bet, offense committed on or after the effective date of this Act. For or the conducting of a lottery or the playing of purposes of this section, an offense is committed before the effec- gambling devices. § 47.01 PENAL CODE 66

(3) "Gambling device" means any mechanical (3) except for the advantage of skill or luck, the contrivance that for a consideration affords the risks of losing and the chances of winning were player an opportunity to obtain anything of value, the same for all participants. the award of which is determined by chance, even (c) It is a defense to prosecution under this sec­ though accompanied by some skill, whether or not tion that the actor reasonably believed that the the prize is automatically paid by the contrivance. conduct was permitted under the Bingo Enabling (4) "Altered gambling equipment" means any Act. 1 contrivance that has been altered in some manner, (d) An offense under this section is a Class C including, but not limited to, shaved dice, loaded misdemeanor. · dice, magnetic dice, mirror rings, electronic sen­ sors, shaved cards, marked cards, and any other [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. equipment altered and designed to enhance the Amended by Acts 1981, 67th Leg., 1st C.S., p. 101, ch. 11, § 43, eff. Nov. 10, 1981.] actor's chances of winning. I Civil Statutes, art. 179d. (5) "Gambling paraphernalia" means any book, instrument, or apparatus by means of which bets § 47.03. Gambling Promotion have been or may be recorded or registered; any (a) A person commits an offense if he intentional­ record, ticket, certificate, bill, slip, token, writing, ly or knowingly does any of the following acts: scratch sheet, or other means of carrying on bookmaking, wagering pools, lotteries, numbers, (1) operates or participates in the earnings of a policy, or similar games. gambling place; (6) "Lottery" means any scheme or procedure (2) receives, records, or forwards a bet or offer whereby one or more prizes are distributed by to bet; chance among persons who have paid or promised (3) for gain, becomes a custodian of anything consideration for a chance to win anything of of value bet or offered to be bet; value, whether such scheme or procedure is called (4) sells chances on the partial or final result of a pool, lottery, raffle, gift, gift enterprise, sale, or. on the margin of victory in any game or policy game, or some other name. contest or on the performance of any participant (7) "Private place" means a place to which the in any game or contest or on the result of any public does not have access, and excludes, among political nomination, appointment, or election or other places, streets, highways, restaurants, tav­ on the degree of success of any nominee, appoin­ erns, nightclubs, schools, hospitals, and the com­ tee, or candidate; or mon areas of apartment houses, hotels, motels, (5) for gain, sets up or promotes any lottery or office buildings, transportation facilities, and sells or offers to sell or knowingly possesses for shops. transfer, or transfers any card, stub, ticket, (8) "Thing of value" means any benefit, but check, or other device designed to serve as evi­ does not include an unrecorded and immediate dence of participation in any lottery. . right of replay not exchangeable for value. (b) An offense under this section is a felony of the third degree. [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.] [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, I So in enrolled bill; probably should read "or". 1974.] § 47.02. Gambling § 47.04. Keeping a Gambling Place (a) A person commits an offense if he: (a) A person commits an offense if he knowingly (1) makes a bet on the partial or final result of uses or permits another to use as a gambling place a game or contest or on the performance of a any real estate, building, room, tent, vehicle, boat, participant in a game or contest; • or other property whatsoever owned by him or (2) makes a bet on the result of any political under his control, or rents or lets any such property nomination, appointment, or election or on the with a view or expectation that it be so used. degree of success of any nominee, appointee, or (b) It is an affirmative defense to prosecution candidate; or under this section that: (3) plays and bets for money or other thing of (1) the actor engaged in gambling in a private value at any game played with cards, dice, or place; balls. (2) no person received any economic benefit (b) It is a defense to prosecution under this sec­ other than personal winnings; and tion that: (3) except for the advantage of skill or luck, the (1) the actor engaged in gambling in a private risks of losing and the chances of winning were place; the same for all participants. (2) no person received any economic benefit (c) It is an affirmative defense to prosecution other than personal winnings; and under this section that the gambling place is aboard 67 PUBLIC HEALTH, SAFETY, AND MORALS § 47.06 an ocean-going vessel that enters the territorial Text of subsec. (c) a.s added by Acts 1977, 65th waters of this state to call at a. port in this state in Leg., p. 668, ch. 251, § 2 the course of a bona fide voyage to or from a (c) It is an affirmative defense to prosecution foreign port if: under this section that the device or equipment is (1) before the vessel enters the territorial aboard an ocean-going vessel that enters the territo­ waters of this state, the district attorney or, if rial waters of this state to call at a port in this state there is no district attorney, the county attorney in the course of a bona fide voyage to or from a for the county in which the port is located re­ foreign port if: ceives notice of the existence of the gambling (1) before the vessel enters the territorial place on board the vessel and of the anticipated waters of this state, the district attorney or, if dates on which the vessel will enter and leave the there is no district attorney, the county attorney territorial waters of this state; for the county in which the port is located re­ (2) the portion of the vessel that is used as a ceives notice of the existence of the device or gambling place is locked or otherwise physically equipment on board the vessel and of the anticipa­ secured in a manner that makes the area inacces­ ted dates on which the vessel will enter and leave sible to anyone other than the master and crew of the territorial waters of this state; the vessel at all times while the vessel is in the (2) the portion of the vessel in which the device territorial waters of this state; or equipment is located is locked or otherwise (3) no person other than the master and crew physically secured in a manner that makes the of the vessel is permitted to enter or view the area inaccessible to anyone other than the master gambling place while the vessel is in the territori­ and crew of the vessel at all times while the al waters of this state; and vessel is in the territorial waters of this state; (4) the gambling place is not used for gambling (3) no person other than the master and crew or other gaming purposes while the vessel is in of the vessel is permitted to enter or view the the territorial waters of this state. portion of the vessel in which the device or equip­ (d) An offense under this section is a felony of ment is located while the vessel is in the territori- the third degree. al waters of this state; and \ (4) the device or equipment is· not used for [Acts 1973; 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. gambling or other gaming purposes while the Amended by Acts 1977, 65th Leg., p. 667, ch. 251, § 1, eff. Aug. 29, 1977.] vessel is in the territorial waters of this state. Text of subsec. (c) as added by Acts 1971, 65th § 47.05. Communicating Gambling Information Leg., p. 1865, ch. 741, § 1 (a) A person commits an offense if, with the (c) It is a defense to prosecution under this sec­ intent to further gambling, he knowingly communi­ tion that the gambling device was manufactured cates information as to bets, betting odds, or prior to 1940 and not used for gambling, gambling changes in betting odds or he knowingly provides, promotion, or keeping a gambling place under Sec­ installs, or maintains equipment for the transmis­ tions 47.02, 47.03, and 47.04, respectively, of this sion or receipt of such information. code, and that the party possessing same: (b) An offense under this section is a felony of (1) within 30 days after coming into possession the third degree. of same or the effective date of this amendment, whichever last occurs, furnished the following [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, information to the sheriff of the county wherein 1974.] such device is to be maintained: § 47.06. Possession of Gambling Device or (A) the name and address of the party pos­ Equipment sessing same (B) the name of the manufacturer, date of (a) A person commits an offense if he knowingly manufacture, and serial number of the device, owns, manufactures, transfers, or possesses any if available, and gambling device that he knows is designed for (2) within 30 days of the transfer of such de­ gambling purposes or any equipment that he knows vice advises the sheriff of the county to whom the is designed as a subassembly or essential part of a information provided for in item (1) above was gambling device. furnished of the name and address of the trans­ (b) A person commits an offense if, with the feree. intent to further gambling, he knowingly owns, (d) An offense under this section is a felony of manufactures, transfers commercially, or possesses the third degree. any altered gambling equipment that he knows is [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. designed for gambling purposes or any equipment Amended by Acts 1977, 65th Leg., p. 668, ch. 251, § 2, eff. that he knows is designed as a subassembly or Aug. 29, 1977; Acts 1977, 65th Leg., p. 1865, ch. 741, § 1, essential part of such device. eff. Aug. 29, 1977.] § 47.07 PENAL CODE 68

§ 47.07. Possession of Gambling Paraphernalia § 47.09. Testimonial Immunity (a) A person commits an offense if, with the (a) A party to an offense under this chapter may intent to further gambling, he knowingly owns, be required to furnish evidence or testify about the manufactures, transfers commercially, or possesses offense. gambling paraphernalia. (b) A party to an offense under this chapter may (b) It is an affirmative defense to prosecution not be prosecuted for any offense about which he is under this section that the gambling paraphernalia required to furnish evidence or testify, and the is aboard an ocean-going vessel that enters the evidence and testimony may not be used against the territorial waters of this state to call at a port in party in any adjudicatory proceeding except a prose­ this state in the course of a bona fide voyage to or cution for aggravated perjury. from a foreign port if: (1) before the vessel enters the territorial (c) For purposes of this section, "adjudicatory waters of this state, the district attorney or, if proceeding" means a proceeding before a court or there is no district attorney, the county attorney any other agency of government in which the legal for the county in which the port is located re­ rights, powers, duties, or privileges of specified ceives notice of the existence of the gambling parties are determined. paraphernalia on board the vessel and of the (d) A conviction under this chapter may be had anticipated dates on which the vessel will enter upon the uncorroborated testimony of a party to the and leave the territorial waters of this state; offense. (2) the portion of the vessel in which the gam­ [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, bling paraphernalia is located is locked or other­ 1974.] wise physically secured in a manner that makes the area inaccessible to anyone other than the § 47.10. Bingo master and crew of the vessel at all times while the vessel is in the territorial waters of this state; It is a defense to prosecution for an offense under (3) no person other than the master and crew this chapter that the conduct was authorized under 1 of the vessel is permitted to enter or view the the Bingo Enabling Act. portion of the vessel in which the gambling para­ [Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 11, § 44, eff. phernalia is locateq while the vessel is in the Nov. 10, 1981.] territorial waters of this state; and 1 Civil Statutes, art. l 79d. (4) the gambling paraphernalia is not used for gambling or other gaming purposes while the CHAPTER 48. CONDUCT AFFECTING vessel is in the territorial waters of this state. PUBLIC HEALTH (c) An offense under this section is a Class A misdemeanor. § 48.01. Smoking Tobacco (d) The district or county attorney shall not be required to have a search warrant or subpoena to (a) A person commits an offense if he is in pos­ enter the vessel to inspect the gambling parapher- session of a burning tobacco product or smokes nalia. · tobacco in a facility of a public primary or second­ ary school or an elevator, enclosed theater or movie [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. house, library, museum, hospital, transit system Amended by Acts 1977, 65th Leg., p. 668, ch. 251, § 3, eff. Aug. 29, 1977.] . bus, or intrastate bus, as defined by Section 4(b) of the Uniform Act Regulating Traffic on Highways § 47.08. Evidence (Article 6701d, Vernon's Texas Civil Statutes), plane, or train which is a public place. (a) Proof that an actor communicated gambling information or possessed a gambling device, equip­ (b) It is a defense to prosecution under this sec­ ment, or paraphernalia is prima facie evidence that tion that the conveyance or public place in which the the actor did so knowingly and with the intent to offense takes place does not have prominently dis­ further gambling. played a reasonably sized notice that smoking is (b) In any prosecution under this chapter in which prohibited by state law in such conveyance and/or it is relevant to prove the occurrence of a sporting public place and that an offense is punishable by a event, a published report of its occurrence in a daily fine not to exceed $200. newspaper, magazine, or other periodically printed (c) All conveyances and public places set out in publication of general circulation shall be admissible Subsection (a) of Section 48.01 shall be equipped in evidence and is prima facie evidence that the with facilities for extinguishment of smoking mate­ event occurred. rials and it shall be a defense to prosecution under [Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. jan. 1, this section if the conveyance or public place within 1974.] which the offense takes place is not so equipped. 69 ORGANIZED CRIME § 71.03 (d) It is an exception to the application of Subsec­ (1) murder, capital murder, arson, aggravated tion (a) if the person is in possession of the burning robbery, robbery, burglary, theft, aggravated kid­ tobacco product or smokes tobacco exclusively with­ napping, kidnapping, aggravated assault, or for­ in an area designated for smoking tobacco or as a gery; participant in an authorized theatrical performance. (2) any felony gambling offense; (e) An area designated for smoking tobacco on a (3) promotion of prostitution, aggravated pro­ transit system bus or intrastate plane or train must motion of prostitution, or compelling prostitution; also include the area occupied by the operator of the (4) unlawful manufacture, transportation, re­ transit system bus, plane, or train. pair, or sale of firearms or prohibited weapons; (f) An offense under this section is punishable as (5) unlawful manufacture, delivery, dispensa­ a Class C misdemeanor. tion, or distribution of a controlled substance or [Acts 1975, 64th Leg., p. 744, ch. 290, § 1, eff. Sept. 1, dangerous drug, or unlawful possession of a con­ 1975.) trolled substance or dangerous drug through for­ Section 2 of the 1975 Act provided: gery, fraud, misrepresentation, or deception; "The provisions of this Act shall not preempt any ordinance (6) any unlawful wholesale promotion or pos­ adopted by a government entity now or in the future which session of any obscene material or obscene device prohibits the possession of lighted tobacco products or prohibits the smoking of tobacco within the jurisdiction of said governmental with the intent to wholesale promote the same; or entity." (7) any unlawful employment, authorization, or inducing of a child younger than 17 years of age TITLE 11. ORGANIZED CRIME in an obscene sexual performance. CHAPTER 71. ORGANIZED CRIME (b) Except as provided in Subsection (c) of this Sec. section, an offense under this section is one catego­ 71.01. Definitions. ry higher than the most serious offense listed in 71.02. Engaging in Organized Criminal Activity. Subdivisions (1) through (7) of Subsection (a) of this 71.03. Defenses Excluded. section that was committed, and if the most serious 71.04. Testimonial Immunity. offense is a Class A misdemeanor, the offense is a 71.05. Renunciation Defense. felony of the third degree, except that if the most § 71.01. Definitions serious offense is a felony of the first degree, the offense is a felony of the first degree. In this chapter, (a) "combination" means five or more persons (c) Conspiring to commit an offense under this who collaborate in carrying on criminal activities, section is of the same degree as the most serious although: offense listed in Subdivisions (1) through (7) of Subsection (a) of this section that the person con­ (1) participants may not know each other's spired to commit. identity; (2) membership in the combination may change [Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, from time to time; and 1977. Amended by Acts 1981, 67th Leg., p. 2373, ch. 587, (3) participants may stand in a wholesaler-re­ §§ 1 to 3, eff. Sept. 1, 1981.) tailer or other arm's-length relationship in illicit Section 6 of the 1981 amendatory act provides: distribution operations. "This Act applies only to offenses committed on or after its effective date. A criminal action for an offense committed before (b) "Conspires to commit" means that a person this Act's effective date is governed by the law in existence when agrees with one or more persons that they or one or the offense was committed, and Section 71.02, Penal Code, as in more of them engage in conduct that would consti­ existence before the effective date of this Act, is continued in force tute the offense and that person and one or more of for this purpose as if this Act were not in force. For the purpose of this section, an offense is committed before the effective date of them perform an overt act in pursuance of the this Act if any element of the offense occurs before the effective agreement. An agreement constituting conspiring date." to commit may be inferred from the acts of the parties. § 71.03. Defenses Excluded [Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, 1977.) It is no defense to prosecution under Section 71.02 of this code that: § 71.02. Engaging in Organized Criminal Activi­ (1) one or more members of the combination ty are not criminally responsible for the object of­ (a) A person commits an offense if, with the fense; intent to establish, maintain, or participate in a (2) one or more members of the combination combination or in the profits of a combination, he have been acquitted, have not been prosecuted or commits or conspires to commit one or more of the convicted, have been convicted of a different of­ following: fense, or are immune from prosecution; § 71.03 PENAL CODE 70 (3) a person has been charged with, acquitted, offense listed in Subdivisions (1) through (7) of or convicted of any offense listed in Subsection (a) Subsection (a) of Section 71.02 of this code and took of Section 71.02 of this code; or further affirmative action that prevented the com­ (4) once the initial combination of five or more mission of the offense. persons is formed there is a change in the number (b) Renunciation is not voluntary if it is motivated or identity of persons in the combination as long in whole or in part: as two or more persons remain in the combination and are involved in a continuing course of conduct (1) by circumstances not present or apparent at constituting an offense under this chapter. the inception of the actor's course of conduct that increase the probability of detection or apprehen­ [Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, sion or that make more difficult the accomplish­ 1977.] ment of the objective; or § 71.04. Testimonial Immunity (2) by a decision to postpone the criminal con­ (a) A party to an offense under this chapter may duct until another time or to transfer the criminal be required to furnish evidence or testify about the act to another but similar objective or victim. offense. (c) Evidence that the defendant withdrew from (b) No evidence or testimony required to be fur­ the combination before commission of an offense nished under the provisions of this section. nor any listed in Subdivisions (1) through (7) of Subsection information directly or indirectly derived from such (a) of Section 71.02 of this code and made substan­ evidence or testimony may be used against the tial effort to prevent the commission of an offense witness in any criminal case, except a prosecution listed in Subdivisions (1) through (7) of Subsection for aggravated perjury or contempt. (a) of Section 71.02 of this code shall be admissible as mitigation at the hearing on punishment if he has [Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, 1977.] been found guilty under Section 71.02 of this code, and in the event of a finding of renunciation under § 71.05. Renunciation Defense this subsection, the punishment shall be one grade (a) It is an affirmative defense to prosecution lower than that provided under Section 71.02 of this under Section 71.02 of this code that under circum­ code. stances manifesting a voluntary and complete re­ [Acts 1977, 65th Leg., p. 922, ch. 346, § 1, eff. June 10, nunciation of his criminal objective the actor with­ 1977. Amended by Acts 1981, 67th Leg., p. 2374, ch. 587, drew from the combination before commission of an §§ 4, 5, eff. Sept. 1, 1981.] INDEX TO

References are to Sections

ABDUCT ADOPTION OF CHILDREN ALARMING Defined, kidnapping and false imprison­ Sale or purchase, 25.06. Telegraphs and telephones, 42.07. ment, 20.0 I. ADULTERATED ALARMS ABDUCTION Defined, deceptive business practices, False alarm or report, 42.06. Kidnapping, generally, this index. 32.42. Property, protection, 9.44. Telegraphs and telephones, harassment, ABSENTEE VOTING ADULTERATION OR MISBRANDING 42.07. Weapons, prohibited, 46.04. Deceptive business practices, 32.42. ALCOHOLICS AND ALCOHOLISM AERONAUTICS ABUSE Children and minors, driving under the Theft, unauthorized use of airplane, Corpse, 42.10. influence, 8.07. 31.07. Credit cards, 32.31. Defenses, 8.04. Disorderly conduct, 42.01. Defined, involuntary manslaughter, Telegraphs and telephones, 42.07. AFFIRMATIVE DEFENSES Defenses, this index. 19.05. ABUSE OF OFFICE Minors, driving under influence, 8.07. Generally, 39.01 et seq. AGE Public intoxication, 42.08. Computation, 1.06. Records and recordation, visually record­ ACCESSORIES Defenses, 8.07. ing, 19.05. Accomplices and Accessories, generally, this index. AGED PERSONS ALTERATIONS Personal injuries, 22.04. Food or drugs, tampering, 22.09. ACCOMPLICES AND ACCESSORIES AGENTS AND AGENCIES Generally, 7.01 et seq. ALTEAED GAMBLING EQUIPMENT Gambling, immunity, 47.09. Corporations, 7.21 et seq. Defined, 47.01. Defined, 1.07. Prostitution, accomplice witness, 43.06. Suicide, aiding suicide, 22.08. Corporations and associations, 7.21. ANIMALS Cruelty, 42.11. Theft, accomplice's testimony, 31.03. AGGRAVATED ASSAULT Dogs, fighting, 42.111. Generally, 22.02. ACTIONS AND PROCEEDINGS Defense, consent, 22.06. Barratry, 38.12. ANNOYANCE Bribery, 36.02. Organized crime, 71.02. Telegraphs and telephones, 42.07. Justification, civil remedies, 9.06. AGGRAVATED KIDNAPPING ANOTHER Generally, 20.04. ACTORS Defined, 1.07. Defined, 1.07. AGGRAVATED OFFENSES ANTIQUE GAMBLING DEVICES Attempts, 15.01. ACTS Possession, defenses, 47.06. Defined, 1.07. AGGRAVATED PERJURY Perjury and Falsification, this index. APPEARANCE ADEQUATE CAUSE Bail jumping and failure to appear, Defined, voluntary manslaughter, 19.04. AGGRAVATED PROMOTION OF 38.11. PROSTITUTION ADJUDICATORY PROCEEDING Generally, 43.04. APPLICATION OF LAW Defined, Generally, 1.03. Gambling, 47.09. AGGRAVATED ROBBERY. Improper influence, 36.04. Generally, 29.03. APPREHENSION Prostitution, 43.06. Organized crime, 71.02. Hindering apprehension or prosecution, 38.05. ADMINISTRATIVE LAW AND PRO- AGGRAVATED SEXUAL ASSAULT CEDURE Generally, 22.021. APPROPRIATE Bribery, 36.02. Defined, theft, 31.0 I. AIRPLANES ADMISSIONS Smoking in aircraft, 48.0 I. ARENAS Unadjudicated offenses, 12.45. Theft, unauthorized use, 31.07. Dogs, fighting, 42.111. 71 INDEX 72 References are to Sections ARMED FORCES ATTORNEYS BOMBINGS-Cont'd Weapons, possession, 46.03, 46.04. Barratry, 38.12. False alarms, 42.06. Children and minors, sale or purchase, Hoax bombs, 46.09. ARMOR-PIERCING AMMUNITION 25.06. Defined, weapons, 46.01. BOOKS AND PAPERS Fines and penalties, 46.06. AUTOMOBILES Fraud, Motor Vehicles, generally, this index. Destruction, removal or concealment ARMS of writings, 32.47. Weapons, generally, this index. BAD CHECKS Securing execution of document by de­ Issuance, 32.41. ARREST ception, 32.46. Evading arrest, 38.04. BAIL BRANDS, MARKS AND LABELS Grounds, 9.51. Jumping and failure to appear, 38.11. Deceptive business practices, 32.42. Hindering apprehension or prosecution, 38.05. BANK DEPOSITS AND COLLEC­ BREACH OF THE PEACE Justifiable force, 9.03. TIONS Disorderly Conduct, generally, this in­ Resisting arrest or search, 38.03. Failing financial institutions, receiving dex. deposits, etc., 32.35. ARSON BRIBERY AND CORRUPTION Generally, 28.02. BANKRUPTCY Generally; 36.01 et seq. Motor vehicles, 28.01, 28.02. Fraud in insolvency, 32.34. Acceptance, public servants, jurisdiction, Murder, capital murder, 19.03. 36.08. BANKS AND TRUST COMPANIES Organized criminal activity, 71.01 et seq. Application of law, 36.10. Building and Loan Associations, general­ Coercion, public servant or voter, 36.03. ARTICLES ly, this index. Commercial bribery, 32.43. Defined, trade secrets theft, 31.05. Credit offenses, failing financial institu­ Definitions, 36.01. tions, 32.35. Exclusions, 36.10. ASSAULT AND BATTERY Credit Unions, generally, this index. Felony of second degree, 36.02. Generally, 22.01. Failing financial institutions, receiving Felony of third degree, 36.02. Aged persons, injuring, 22.04. deposits, etc., 32.35. Harm, retaliation, reporting on, 36.06. Aggravated Assault, generally, this in- Guards and messengers, weapons, carry­ Honorariums, public service, exemption, . dex. ing, 46.03 . 36.10. Children and minors, injuring, 22.04. Misapplication of property of financial Improper influence, 36.04. Deadly assault, 22.03. institution, 32.45. Informants, retaliation, reporting on, Defense, consent, 22.06. Receiving deposits or investments, failing 36.06. Fines and Penalties, this index. financial institutions, 32.35. Jurisdiction, gift to public servant by Guards, 22.02, 22.03. person subject to, 36.08. BARRA TRY Husband and wife, 22.02. Offering gift to public servant, 36.09. Jailer, 22.02, 22.03. Generally, 38.12. Public servants, gifts, 36.02. Medical treatment, 22.0 I. BATTERY Retaliation, 36.06. Nursing and convalescent homes, 22.01. Assault and Battery, generally, this in­ Solicitation, public servants, jurisdiction, Organized criminal activity, 71.01 et seq. dex. 36.08. Participants in a court proceeding, as- Tampering with witnesses, 36.05. sault against, 22.02, 22.03. BENEFICIARIES Threats, retaliation, reporting on, 36.06. Personal Injuries, generally, this index. Defined, commercial bribery, 32.43. Voter coercion, 36.03. Police, deadly assault, 22.03. Witnesses, Psychiatric treatment, 22.0 I. BENEFIT Retaliation, reporting on, 36.06. Public officers and employees, retaliation, Defined, 1.07. Tampering, 36.05. 36.06 Retaliation, public officials, 36.06 BETTING BUILDING AND LOAN ASSOCIA­ Schoolteachers, assault upon, 22.01. Gambling, generally, this index. TIONS Sexual Assault, generally, this index. Failing financial institutions, receiving BIGAMY Spouse, 22.02. deposits, etc., 32.35. Generally, 25.01. Misapplication of fiduciary property or ASSEMBLY BILLS AND NOTES property of financial institution, Disruption, 42.05. Commercial Paper, generally, this index. 32.45. Receiving deposits or investments, failing ASSOCIATIONS AND SOCIETIES BINGO financial institutions, 32.35. Generally, 7.21 et seq. Gambling, defense, 4 7.02, 4 7.10. Building and Loan Associations, general­ BUILDINGS ly, this index. BOATS AND BOATING Defined, Definitions, 1.07. Gambling, defenses, 42.04. Burglary and criminal trespass, 30.01. Penalties, 12.51. Theft, unauthorized use of vessel, 31.07. Property offenses, 28.0 I. Dogs, fighting, 42. JI I. ATTEMPTS BODILY INJURY Generally, 15.01. Defined, 1.07. BURDEN OF PROOF Aggravated offenses, 15.01. Generally, 2.01 et seq. Preparatory offense no offense, 15.05. BOMBINGS Affirmative defenses, 2.04. Renunciation defense, 15.04. Components, explosives, 46.10. Defenses, 2.03. 73 INDEX References are to Sections BURDEN OF PROOF-Cont'd CHILDREN AND MINORS-Cont'd COIN-OPERATED MACHINES Exceptions, 2.02. Enticing child away from lawful guardi- Burglary, 30.03. an, 25.04. BURGLARY Fines and Penalties, this index. COMBINATION Generally, 30.02. Force and violence, 9.61 et seq. Defined, organized crime, 71.0 I. Coin-operated machines, 30.03. Harboring runaway child, 25.07. COMMERCE Definitions, 30.01. Indecency, 21.11. Fines and Penalties, this index. Business and Commerce, generally, this Injuring, 22.04. index. Murder, capital murder, 19.03. Lewdness and Obscenity, this index. Organized criminal activity, 71.01 et seq. Nonsupport, 25.05. COMMERCIAL BRIBERY Vehicles, 30.04. Obscenity, Generally, 32.43. Sale, distribution, or display to minors, BUSES 43.24. COMMERCIAL PAPER Smoking in public places, 48.01. Sexual performance by, 43.25. Bad checks, issuance, 32.41. Checks, generally, this index. BUSINESS AND COMMERCE Organized crime, sexual offenses, 71.02. Personal injuries, 22.04. Theft by check, presumption, 31.06. Commercial bribery, 32.43. Worthless checks, issuance, 32.41. Deceptive business practices, 32.42. Pornography. Lewdness and Obscenity, Defined, deceptive business practices, this index. Prostitution, compelling, 43.05. COMMODITIES 32.42. Runaway child, harboring, 25.07. Deceptive business practices, 32.42. CAPITAL OFFENSES Sales, COMMON LAW Generally, 12.04, 19.03. Adoption, 25.06. Abolition of common law offenses, 1.03. Children and minors, 8.07. Obscenity, 43.24. Classification, 12.04. Sexual assault, 22.011. COMMUNICATIONS Punishment, 12.31. Sexual performance by children, 43.25. Criminal mischief, 28.03. Organized crime, 71.02. Domestic violence, orders of court viola­ CARDHOLDERS Solicitation, sexual purposes, 25.06. tions, 25.08. Defined, credit card abuse, 32.31. Emergency communications, interference CIGARS AND CIGARETTES with, 42.13. CARS Smoking in public places, 48.01. False alarms or reports, 42.06. Motor Vehicles, generally, this index. Gambling, communicating gambling in­ CITIES, TOWNS AND VILLAGES formation, 47.05. Officers and employees, CAUSATION Interception, unlawful interception, Acting in official capacity, retaliation, Generally, 6.04. 16.02. 36.06. CERTIFICATES AND CERTIFICA­ Mischief, criminal mischief, 28.03. CITIZENS BAND RADIO TION COMPELLING PROSTITUTION Deceptive business practices, 32.42. Emergency communications, interference Generally, 43.05. with, 42.13. CHAIN LETTERS AND SCHEMES COMPENSATION AND SALARIES Endless chain, scheme, 32.48. CIVIL PROCESS Defined, chain letters and schemes, Preventing execution, 38.14. 32.48. CHARACTER AND REPUTATION Sexual offenses, evidence, 22.065. CIVIL RIGHTS COMPLAINING WITNESS Prisoners, violations, 39.021. Defined, obstructing governmental opera­ CHECKS tion, 38.01. Issuance on red paper, 32.49. CLASS A MISDEMEANORS Presumption, theft by check, 31.06. Generally, 12.03. COMPLICITY Red paper, issuance on, 32.49. Fines and Penalties, generally, this index. Accomplices and Accessories, generally, Restitution, bad checks, 32.41. this index. Worthless checks, issuance, 32.41. CLASS B MISDEMEANORS Generally, 12.03. COMPOUNDING CHILDREN AND MINORS Fines and Penalties, generally, this index. Generally, 38.06. Adoption, sale or purchase, 25.06. Aggravated sexual assault, 22.021. CLASS C MISDEMEANORS CONCEALMENT Assault and battery, injuring, 22.04. Generally, 12.03. Fraudulent concealment of writings, Capital offenses, punishment, 8.07. Fines and Penalties, generally, this index. 32.47. Criminal responsibility, age affecting, CLASSIFICATION OF OFFENSES CONDUCT 8.07. Fines and Penalties, this index. Custody, Defined, 1.07. Enticement, 25.04. CLUB CONFINEMENT Interference, 25.03. Defined, weapons, 46.01. False imprisonment, 20.02. Defined, Private security guards, unlawful carry­ Justifiable force, 9.03. Criminal nonsupport, 25.05. ing, 46.03. Obscene materials, 43.24. CONSENT Sexual assault, 22.011. COERCION Commercial bribery, 32.43. Driving under influence of alcohol or Duress or Coercion, generally, this in­ Defined, 1.07. drugs, 8.07. dex. Sexual assault, 22.011. INDEX 74 References are to Sections CONSENT-Cont'd CORRECTIONAL INSTITUTIONS CREDIT OFFENSES-Cont'd Unadjudicated offenses, admissions, -Cont'd Premiums, receiving premiums in failing 12.45. Death, prisoners, failure to report, financial institutions, 32.35. 39.022. Property or credit, false statement to CONSERVATORS AND CONSERVA­ Guards, weapons, carrying, 46.03, 46.04. obtain, 32.32. TORSHIP Jails and Jailers, generally, this index. Receiving deposits, etc., failing financial Commercial bribery, 32.43. Murder, capital murder, employees, institutions, 32.35. Misapplication of fiduciary property, 19.03. Secured creditors, hindering, 32.33. 32.45. Reports, death of prisoner, 39.022. Weapons, guards, 46.03, 46.04. CREDIT UNIONS CONSOLIDATION AND MERGER Failing financial institutions, receiving Theft offenses, 31.02. CORRUPTION deposits, etc., 32.35. · Bribery and Corruption, generally, this Misapplication of fiduciary property or CONSOLIDATION OF PROSECU­ index. property of financial institution, TIONS 32.45. Generally, 3.02. COUNTY JAILS Receiving deposits or investments, failing Assault and battery, jailer or guards, financial institutions, 32.35. CONSPIRACY 22.02, 22.03. Generally, 15.02. Prisoners civil rights, violations, 39.021. CRIMINAL EPISODE Organized Crime, generally, this index. Defined, multiple prosecutions, 3.01. Preparatory offense no offense, 15.05. COUNTY OFFICERS AND EMPLOY­ Renunciation defense, 15.04. EES CRIMINAL INSTRUMENTS Acting in official capacity, retaliation, Unlawful use, 16.01. CONSTABLES 36.06. False identification, 37.12. Bribery and Corruption, generally, this CRIMINAL MISCHIEF Impersonating public servants, 37 .11. index. Generally, 28.03. Reports, false reports to peace officers, Conduct in offici~I capacity, retaliation, 37.08. 36.06. CRIMINAL NEGLIGENCE False personation, public servant, 37.11. Defined, 1.07. CONSTRUCTION OF LAW CRIMINAL SIMULATION Generally, I.OS. COUPONS Deceptive business practices, 32.42. Generally, 32.22. CONSUMER PRODUCTS COURT OFFICERS AND EMPLOY- CRIMINAL TRESPASS Defined, tampering, 22.09. Generally, 30.05. Tampering, 22.09. EES Weapons, carrying, 46.04. CRIMINALLY NEGLIGENT HOMICIDE CONSUMER PROTECTION Generally, 19.07. Credit Offenses, generally, this index. COURTS Weapons, prohibited, 46.04. CRUEL TY TO ANIMALS CONTESTS COVERT ENTRY Generally, 42.11. Defined, deceptive business practices, Wire or oral communications, intercep­ 32.42. CULPABILITY tion, 16.02. Rigging of contests, fraud, 32.44. Generally, 6.01 et seq. CREDIT CONTROLLED SUBSTANCES CULPABLE MENTAL STATE Defined, false statement to obtain prop­ Defined, 6.03. Drugs and Medicine, this index. erty or credit, 32.32. CUSTODIANS CONVALESCENT HOMES CREDIT CARD Commercial bribery, 32.43. Assault, 22.0 I. Defined, abuse, 32.31. CUSTODY CONVERSIONS CREDIT CARD ABUSE Children, and minors, Theft, generally, this index. Generally, 32.3 L Enticement, 25.04. CONVICTIONS CREDIT OFFENSES interference, 25.03. Corporations, notice of conviciion, 12.51. Generally, 32.31 et seq. Defined, Credit card abuse, 32.31. Bribery and corrupt influence, 36.01. COPY Deposits in failing financial institutions, Civil rights, prisoners, 39.021. Defined, trade secrets theft, 31.05. 32.35. Justification, 9.01. False statements to obtain property or Obstructing governmental operation, CORPORATIONS 38.01. Generally, 7.21 et seq. credit, 32.32. Financial institutions, receiving deposits, Escape, unlawful custody, 38.09. Defined, 1.07. etc., failing institutions, 32.35. Notice, conviction, 12.51. Fraud in insolvency, 32.34. DAMAGES Penalties, 12.51. Hindering secured creditors, 32.33. Criminal mischief, 28.03. CORPSES Insolvency, fraud in, 32.34. DANCING Abuse, 42.10. Investments, failing financial institutions, Lewdness and obscenity, 43.21 et seq. 32.35. CORRECTIONAL INSTITUTIONS Obtaining property or credit by false DANGER Civil rights, 39.021. statement, 32.32. Justification, 9.22. 75 INDEX References are to Sections DANGEROUS WEAPONS DEFENSES-Cont'd DEVIATE SEXUAL INTERCOURSE Generally, 46.01 et seq. Disorderly conduct, 42.04. Generally, 21.01 et seq. Dogs, fighting, 42.111. Children and minors, solicitation, 25.06. DEAD BODIES Duress, 8.05. Defenses, children, rape, 21.09. Abuse, 42.10. Entrapment, 8.06. Defined, Escape, unlawful custody, 38.09. Children, 43.25. DEADLY ASSAULT Force and violence, defense of persons, Incest, 25.02. Generally, 22.03. 9.32. Prostitution, 43.01. DEADLY FORCE Gambling, DEVICES Defined, justification, 9.01. Keeping a gambling place, 47.04. Possession of gambling device or Property, protection, 9.44. DEADLY WEAPONS equipment, 47.06, 47.07. DISCOUNTS Generally, 46.01 et seq. Harboring runaway child, 25.07. Deceptive business practices, 32.42. Defined, 1.07. Indecency with child, 21.11. Insanity, 8.01. DISORDERLY CONDUCT DEATH Intoxication, 8.04. Prisoners, failure to report, 39.022. Generally, 42.01. Justification, 9.01 et seq. Defense, 42.04. DEATH PENALTY Mistake of fact, 8.02. Hindering proceedings, 38.13. Capital Offenses, generally, this index. Mistake of law, 8.03. Obscenity, sexual performance by chil­ DISPLAYS DEBT dren, 43.25. Obscenity, 43.22. Defined, gambling, 47.01. Obstructing highways or passageways, Minors, 43.24. 42.04. DEBTORS AND CREDITORS Oral communication, interception, 16.02. DISRUPTING MEETINGS OR PRO­ Credit Offenses, generally, this index. Organized crime, CESSIONS Excluded defenses, 71.03. Generally, 42.05. DECEIT Renunciation defense, 71.05. Fraud, generally, this index. Peace officers, false identification, 37.12. DISTRIBUTION Perjury and Falsification, this index. Obscenity, 43.22. DECENCY Minors, 43.24. Generally, 42.01 et seq. Property offenses, Actor's interest in property, 28.05. DISTURBANCE OF PEACE DECEPTION Protection, 9.41 et seq. Disorderly Conduct, generally, this in­ Defined, theft, 31.0 I. Renunciation defense, 15.04. dex. Organized crime, 71.05. DECEPTIVE BUSINESS PRACTICES Riots, 42.02. DOCUMENTS Generally, 32.42. Self-defense, 9.31, 9.32. Fraud, securing execution of document Sexual assault, 22.011. by deception, 32.46. DECEPTIVE SALES Sexual performance by child, 43.25. Fraudulent destruction, removal or Contests, defined, deceptive business Smoking in public places, 48.01. concealment of writings, 32.47. practices, 32.42. Solicitation, renunciation, 15.04. DOGS DECODING DEVICES Support, nonsupport, 25.05. Television, 31.12, 31.13. Theft, actor's interest in property, 31.10. Fighting, 42.111. Third persons, justification, 9.33. DOMESTIC VIOLENCE DEFENSES Weapons, possession, 46.04. Generally, 8:01 et seq. Wire or oral communications, intercep­ Orders of court, 25.08. tion, 16.02. Accomplices and accessories, 7.03. DRUGS AND MEDICINE Affirmative defenses, Witnesses, compounding, 38.06. Alteration, 22.09. Burden of proof, 2.04. Children and minors, driving under in­ Indecency, children, 21.11. DEFINITIONS Words and Phrases, generally, this index. fluence of narcotics, 8.07. Mentally deficient or mentally ill per­ Controlled substances, sons, 8.01. DEPOSITS Organized criminal activity, 71.01 et Weapons, possession, repairs or sales, seq. 46.06. Failing financial institutions, receiving deposits or investments, etc., 32.35. Defined, tampering, 22.09. Wire or oral communications, intercep- Foreign substances, tampering, 22.09. tion, 16.02. DEPRIVE Organized criminal activity, 71.01 et seq. Age, 8.07. Defined, 31.01. Sales, tampering, 22.09. Arson, 28.02. Tampering, 22.09. Assaultive conduct, consent, 22.06. DESECRATE Associations and societies, 7 .24. Defined, venerated objects, 42.09. DRUNKARDS AND DRUNKENNESS Attempt, renunciation, 15.04. Alcoholics and Alcoholism, generally, Bigamy, 25.01. DESECRATION OF VENERATED OB­ this index. · Bingo, gambling, 47.02, 47.10. JECTS Burden of proof, 2.03. Generally, 42.09. DURESS OR COERCION Child custody, interference, 25.03. Bribery and Corruption, generally, this Conspiracy; renunciation, 15.04. DESTRUCTION index. Corporations, 7 .24. Fraudulent destruction of writings, 32.47. Defenses, 8.05. INDEX 76 References are to Sections DURESS OR COERCION-Cont'd ENDLESS CHAINS EXECUTION OF PROCESS Defined, Defined, chain letters and schemes, Preventing execution of civil process, Bribery and corruption, 36.01. 32.48. 38.14. Theft, 31.0 I. Public servants, 36.03. ENHANCEMENT EXECUTORS AND ADMINISTRA­ Voter coercion, 36.03. Use of prior convictions, 12.46. TORS Commercial bribery, 32.43. EDUCATION ENTER Misapplication of fiduciary property, Schools and School Districts, generally, Defined, 32.45. this index. Burglary, 30.02. Vehicles, burglary, 30.04. EXEMPTIONS EFFECTIVE CONSENT Children and minors, sale or purchase, Defined, 1.07. ENTICEMENT 25.06. Theft, 31.01. Children and minors, custody, 25.04. Commercial bribery, fines and· penalties, 32.43. ELDERLY PERSONS ENTRAPMENT Weapons, carrying, 46.03. Personal injuries, 22.04. Generally, 8.06. EXHIBITIONS AND EXHIBITORS ELECTION OFFENSES ENTRY Contests, rigging, 32.44. Generally, 36.0 I et seq. Defined, Dogs, fighting, 42.111. Bribery and Corruption, generally, this Coin-operated machines, burglary, Obscenity, sexual performance by chil­ index. 30.03. dren, 43.25. Criminal trespass, 30.05. ELECTIONS EXPIRED CREDIT CARD Weapons, prohibited, 46.04. EQUIPMENT Defined, credit card abuse, 32.31. ELECTRIC GENERATING PLANT Gambling devices or equipment, posses­ Defined, 1.07. sion, 47.06. EXPLOSIVE WEAPONS Defined, 46.01. ELECTRIC LIGHT AND POWER ESCAPE COMPANIES Generally, 38.07 et seq. EXPLOSIVES Criminal mischief, 28.03. Defenses, unlawful custody, 38.09. Bombings, generally, this index. False alarm or report, 42.06. Defined, Components, 46.10. Mischief, criminal mischief, 28.03. Justification, 9.01. Terroristic threats, 22.07. Obstructing governmental operation, FABRICATING EVIDENCE 38.01. Physical evidence, 37.09. ELECTRIC UTILITY SUBSTATION Force and violence, prevention, 9.52. Defined, 1.07. Harboring runaway child, 25.07. FACILITIES Implements, 38.10. Dogs, fighting, 42.111. ELECTRONIC DEVICES Murder, capital murder, 19.03. Wire or oral communications, intercep­ Permitting or facilitating, 38.08. FACSIMILES tion, 16.02. Criminal simulation, 32.22. EVADING ARREST ELEMENT OF OFFENSE Generally, 38.04. FALSE ALARM OR REPORT Defined, 1.07. Generally, 42.06. EVIDENCE ELEMENTARY SCHOOLS Burden of Proof, generally, this index. FALSE EVIDENCE Schools and School Districts, generally, Fabricating physical evidence, 37.09. Perjury and Falsification, generally, this this index. Falsification. Perjury and Falsification, index. generally, this index. ELEVATORS FALSE IMPRISONMENT Smoking in public places, 48.0 !. Gambling, 47.08. Homicide, 19.06. Generally, 20.02. EMBARRJl.SSMENT Juvenile delinquents, court records, 8.07. Definitions, 20.0 I. · Telegraphs and telephones, 42.07. Perjury and Falsification, generally, this FALSE PERSONATION index. Public servants, 37.11. EMBEZZLEMENT Presumptions, generally, this index. Theft, generally, this index. Property offenses, amount of pecuniary FALSE REPRESENTATIONS loss, 28.06. EMERGENCIES Fraud, generally, this index. Communications, interference, 42.13. Sexual offenses, previous conduct, Defined, communication interference, 22.065. FALSE SWEARING Tampering with physical evidence, 37.09. 42.13. Perjury and Falsification, generally, this False alarms, 42.06. Tampering with witnesses, 36.05. index. Testimonial immunity, organized crime, EMPLOYEES 71.04. FALSIFICATION Officers and Employees, generally, this Theft, 31.03. Perjury and Falsification, generally, this index. Theft by check, presumptions, 31.06. index.

ENDLESS CHAIN SCHEME EXCEPTIONS FAMILY Fraud, 32.48. Offenses, 2.02. Defined, orders of court, 25.08. 77 INDEX References are to Sections FAMILY VIOLENCE FINES AND PENALTIES-Cont'd FINES AND PENAL TIES-Cont'd Defined, orders of court, 25.08. Attempt, 15.01. Evidence, fabricating or tampering with, Orders of court, 25.08. Bail jumping and failure to appear, 37.09. 38.11. Exceptional sentences, 12.41. FELONIES Barratry, 38.12. Executions, civil process, preventing, Defined, 1.07. Bigamy, 25.01. 38.14. Fines and Penalties, generally, this index. Bribery, 36.02. Explosive weapons, 46.06. Burglary, 30.02. False alarms or reports, 42.06. FIDUCIARIES Vehicles, 30.04. False imprisonment, 20.02. Commercial bribery, 32.43. Vending machines, 30.03. False reports to peace officers, 37.08. Defined, Business practices, deceptive, 32.42. Family violence, orders of court viola- Commercial bribery, 32.43. Capital offenses, 12.31. tions, 25.08. Misapplication of fiduciary property, Checks, issuance cin red paper, 32.49. First degree felonies, 12.32. 32.45. Children and minors, Food, tampering, 22.09. Fraud, misapplication of fiduciary prop­ Custody, interference, 25.03. Forgery, 32.21. · erty, 32.45. Indecency with, 21.11. Gambling, 47.02. Guardian and Ward, generally, this in­ Injuring, 22.04. Governmental records, tampering with, dex. Sale or purchase, adoption purposes, 37.10. 25.06. Habitual felons, 12.42. FIGHTING Sexual performance by child, 43.25. Habitual misdemeanants, 12.43. Disorderly Conduct, generally, this in­ Sexual purposes, solicitation, 25.06. Harassment, 42.07. dex. Civil process, executions, 38.14. Harboring runaway child, 25.07. Dogs, 42.111. Class A misdemeanors, 12.21. Highways and roads, Firearms, discharge, 42.01. FINANCIAL INSTITUTIONS Class B misdemeanors, 12.22. See, also, Banks and Trust Companies, Class C misdemeanors, 12.23. Obstruction, 42.03. generally, this index. Classification of offenses, 12.02 et seq. Hindering apprehension or prosecution, Defined, fraud, 32.01. Felonies, 12.04. 38.05. Hindering proceedings by disorderly con- Failing financial institutions, receiving Homicide, 19.01 et seq. duct, 38.13. deposits, etc., 32.35. Misdemeanors, 12.03. Offenses outside code, 12.41. Hoax bombs, 46.09. Guards and messengers, weapons, carry­ Commercial bribery, 32.43. Homicide, 19.01 et seq. ing, 46.03. Compelling prostitution, 43.05. Homosexual conduct, 21.06. Misapplication of property of financial Compounding, 38.06. Human corpse, abuse, 42.10. institution, 32.45. Conspiracy, 15.02. Impersonating public servants, 37.11. FINANCIAL STATEMENTS Corporations, .12.51. Incest, 25.02. Honorariums, public service, 36.10. Correctional institutions, death of prison­ Indecency with children, 21.11. er, failure to report, 39.022. Indecent exposure, 21.08. FINES AND PENALTIES Criminal instruments, unlawful use, Injuring children, 22.04. Generally, 1.02, 12.01 et seq. 16.01. Instruments, unlawful use of criminal in- Abuse of corpse, 42.10. Criminal mischief, 28.03. struments, 16.0 I. Admission of unadjudicated offenses, Criminal simulation, 32.22. Intoxication, public intoxication, 42.08. 12.45. Criminal trespass, 30.05. Involuntary manslaughter, 19.05. Aggravated assault, 22.02. Criminally negligent homicide, 19.07. Kidnapping, 20.03. Aggravated kidnapping, 20.04. Cruelty to animals, 42.11. Aggravated kidnapping, 20.04. Aggravated promotion of prostitution, Dead bodies, abuse, 42.10. Knuckles, 46.06. 43.04. Death, prisoners, failure to report, Lewdness and obscenity, 43.23 et seq. Aggravated sexual assault, 22.021. 39.022. Public lewdness, 21.07. Aiding suicide, 22.08. Deceptive business practices, 32.42. Machine guns, 46.06. Alarms, false, 42.06. Desecration of venerated objects, 42.09. Manslaughter, Animals, cruelty, 42.11. Discharge, firearms, public roads, 42.0 I. Involuntary manslaughter, 19.05. Appearance, bail jumping and failure to Disorderly conduct, 42.01. Voluntary manslaughter, 19.04. appear, 38.11. Hindering proceedings, 38.13. Meetings, disruption, 42.05. Apprehension, hindering, 38.05. Disrupting meeting or processions, 42.05. Misapplication of fiduciary property or Armor-piercing ammunition, 46.06. Documents, fraudulent destruction, etc., property of finanCial institution, Arrest, hindering, etc., 38.05. 32.47. 32.45. Arson, 28.02. Domestic violence, orders of court viola­ Mischief, criminal mischief, 28.03. Assault and battery, 22.0 I. tions, 25.08. Misuse of official information, 39.03. Aggravated assault, 22.02. Drugs and medicine, Multiple prosecutions, 3.03. Medical or psychiatric treatment, Tampering, 22.09. Murder, 19.01 et seq. 22.01. Emergency communications, interference Obscene display or distribution, 43.22. Nursing and convalescent homes, with, 42.13. Obscenity, 43.23, 43.25. 22.01. Endless chain scheme, 32.48. Sale, distribution or display to minors, Participants in a court proceeding, Enticing child away from lawful guardi­ 43.24. deadly assault, 22.03. an, 25.04. Obstructing highways or passageways, Police, deadly assault, 22.03. Escape, 38.07. 42.03. School personnel, assaults upon, 22.01. Implements for escape, 38.10. Offenses outside code, classification, Associations, 12.51. Evading arrest, 38.04. 12.41. INDEX 78 References are to Sections FINES AND PENALTIES-Cont'd FINES AND PENALTIES-Cont'd FRAUD-Cont'd Official information, misuse, 39.03. Vending machines, burglary, 30.03. Bad checks, 32.41. Official misconduct, 39.01. Venerated objects, desecration,-42.09. Barratry, 38.12. Official oppression, 39.02. Voluntary manslaughter, 19.04. Books and papers, Orders of court, 25.08. Weapons, Fraudulent destruction, etc., 32.47. Organized criminal activity, 71.02. · Carrying, 46.02. Securing execution by deception, 32.46. Renunciation, 71.05. Highways and roads, shooting on, Business practices, deception, 32.42. Participants in a court proceeding, dead­ 42.01. Checks, bad checks, 32.41. ly assault upon, 22.03. Places prohibited, 46.04. Commercial bribery, 32.43. Passageways, obstruction, 42.03. Possession by felon, 46.05. Concealment of writings, 32.47. Peace officers, Prohibited weapons, 46.06. Credit Offenses, generally, this index. False identification, 37.12: Transfer, 46.07. Deceptive business practices, 32.42. False reports, 37.08. Witnesses, Definitions, 32.0 I. Police, deadly assault, 22.03. Compounding, 38.06. Destruction of writing, 32.4 7. Preventing execution of civil process, Tampering, 36.05. Documents, securing execution by decep- 38.14. tion, 32.46. Prisoners civil rights, violations, 39.021. FIREARMS Endless chain scheme, 32.48. Process, execution, preventing, 38.14. Generally, 46.01 et seq. Execution of document, securing by de­ Processions, disruption, 42.05. Weapons, generally, this index. ception, 32.46. Promotion of prostitution, 43.04. Exhibitions, rigging public contests, Prosecution, hindering, 38.05. FIREARMS SILENCER Defined, 46.01. 32.44. Prostitution, 43.02. · False reports to police officers, 37.08. Public intoxication, 42.08. FIREMEN Fiduciary property, misapplication, Public lewdness, 21.07. Murder, capital murder, 19.03. 32.45. Public roads, firearms, discharge, 42.0 I. Forgery, generally, this index. Public servants, impersonating, 37 .11. FIRES Grades of offenses, aggregation of Recidivism, 12.42, 12.43. Arson, generally, this index. amounts involved, 32.03. Reckless conduct, 22.05. False alarms, 42.06. Insolvency, 32.34. Reckless damage or destruction of prop­ Misapplication, fiduciary property, 32.45. erty, 28.04. FIRST DEGREE FELONIES Generally, 12.04. Papers and documents, Records, tampering with governmental Fraudulent destruction, etc., 32.47. Fines and Penalties, generally, this index. records, 37.10. Securing execution by deception, 32.46. Reduction of third degree felony to mis­ FOOD Peace officers, false reports to, 37 .08. demeanor, 12.44. Alteration, tampering, 22.09. Perjury and Falsification, generally, this Rental agreements, theft of service, Defined, tampering, 22.09. index. 31.04. Foreign substances, tampering, 22.09. Publicly exhibited contest, rigging, 32.44. Repeat felony offenders, 12.42. Honorariums, expenses, 36.10. Removal of writings, 32.4 7. Repeat misdemeanor offenders, 12.43. Sales, tampering, 22.09. Rigging publicly exhibited contests, Reports, false, 42.06. Tampering, 22.09. 32.44. Resisting arrest or search, 38.03. Securing execution of document, decep- Riot, 42.02. FORCE AND VIOLENCE tion, 32.46. Roads, obstruction, 42.03. Children and minors, justification, 9.61. Theft, generally, this index. Robbery, 29.02. Deadly force, defined, justification, 9.01. Value, 32.02. Searches and seizures, resisting, 38.03. Defense, persons, 9.32. Worthless checks, 32.41. Second and subsequent offenses, 12.42, Escape, prevention, 9.52. Writings, 12.43. Family violence, orders of court viola- Fraudulent destruction, etc., 32.47. Second degree felonies, 12.33. tions, 25.08. Securing execution by deception, 32.46. Services, theft, 31.04. Guardian against incompetent, 9.63. Sexual assault, 22.011. Justification, 9.01 et seq. GAMBLING Sexual performance by child, 43.25. Parents against child, 9.61. Generally, 47.01 et seq. Short-barrel firearm, 46.06. Property, protection, 9.42. Bingo, defense, 47.02, 47.10. Silencers, 46.06. Teachers against students, 9.62. Communications, information, 47.05. Smoking in public places, 48.01. Deceptive business practices, 32.42. Solicitation, 15.03. FOREIGN STATES Definitions, 47.01. Children and minors, 25.06. Jurisdiction, .offenses committed in for­ Dogs, fighting, 42.111. Prostitution, 43.03. eign states, 1.04. Evidence, 47.08. Suicide, aiding suicide, 22.08. Keeping gambling places, 47.04. FORGE Support, nonsupport, 25.05. Organized criminal activity, 71.01 et seq. Defined, 32.21. Tampering, this index. Possession, gambling devices and para- Terroristic threats, 22.07. FORGERY phernalia, 47.06, 47.07. Theft, services, 31.04. Generally, 32.21. Promotion, 47.03. Third degree felonies, 12.34. Criminal simulation, 32.22. Rigging publicly exhibited contests, Transfer of firearms, 46.07. Organized criminal activity, 71.0 I et seq. 32.44. Trespass, criminal trespass, 30.05. Witnesses, immunity, 47.09. Unadjudicated offenses, admission, 12.45. FRAUD Unclassified offenses, 12.03. Generally, 32.01 et seq. GAMBLING DEVICE Vehicles, burglary, 30.04. Aggregation of amounts involved, 32.03. Defined, 47.01. 79 INDEX References are to Sections GAMBLING PARAPHERNALIA HARM-Cont'd HUSBAND AND WIFE-Cont'd Defined, 47.01. Retaliation, public officers and employ- Marriage, generally, this index. ees, acting in official capacity, 36.06. Sexual assault, 22.011. GAMBLING PLACE Support, nonsupport, 25.05. Defined, 47.01. HARMFUL MATERIAL Defined, minors, 43.24. IDENTIFICATION NUMBERS GAS Tampering with, 31.11. Oil and Gas, generally, this index. HEALTH Protection, 9.34. IDENTITY AND IDENTIFICATION GIFTS Peace officers, false identification, 37.12. Bribery and Corruption, generally, this HIGH MANAGERIAL AGENT Witnesses, failure to identify, 38.02. index. Defined, corporations and. associations, Deceptive business practices, 32.42. 7.21. ILLEGAL KNIFE Defined, 46.01. GOVERNMENT HIGHWAYS AND ROADS Defined, 1.07. Disorderly conduct, weapons discharged, IMMUNITIES 42.01. GOVERNMENTAL FUNCTION Privileges and Immunities, generally, this Obstruction, 42.03. index. Defined, obstructing governmental opera­ Defenses, 42.04. tion, 38.01. IMPERSONATION HINDERING APPREHENSION OR Public servants, 37 .11. GOVERNMENTAL OPERATION PROSECUTION Obstruction, 38.01 et seq. Generally, 38.05. IMPLEMENTS FOR ESCAPE GOVERNMENTAL RECORDS HINDERING PROCEEDINGS BY DIS­ Generally, 38.10. Defined, perjury and other falsification, ORDERLY CONDUCT IMPRISONMENT 37.01. Generally, 38.13. Tampering with, 37.10. False imprisonment, 20.02. HINDERING SECURED CREDITORS Fines and Penalties, generally, this index. GUARDIAN AND WARD Generally, 32.33. Commercial bribery, 32.43. IMPROPER INFLUENCE Enticing child away from lawful guardi­ HOAX BOMBS Bribery and corruption, 36.04. an, 25.04. Generally, 46.09. INCEST Mentally deficient and mentally ill per­ Generally, 25.02. sons, force and violence, 9.63. HOME BOX OFFICE Misapplication of fiduciary property, Television decoding and interception de­ vices, 31.12, 31.13. INCHOATE OFFENSES 32.45. Generally, 15.01 et seq. GUARDS HOMICIDE Generally, 19.01 et seq. INCONSISTENT STATEMENTS Assault and battery, 22.02, 22.03. Perjury, 37 .06. Prisoners civil rights, violations, 39.021. Aggravated sexual assault, 22.021. Capital murder, 19.03. INDEBTEDNESS GUNS Criminally negligent homicide, 19.07. Credit Offenses, generally, this index. Weapons, generally, this index. Evidence, 19.06. Manslaughter, generally, this index. INDECENCY HABITATION Organized criminal activity, 71.01 et seq. Defined, Lewdness and Obscenity, generally, this index. Burglary and criminal trespass, 30.0 I. HOMOSEXUAL CONDUCT Generally, 21.06. Property offenses, 28.01. INDECENT EXPOSURE Evidence, Generally, 21.08. HABITUAL FELONS Admissibility, 22.065. Penalties, 12.42. Victims, prior offenses, 22.065. INDIVIDUAL HABITUAL MISDEMEANANTS HONORARIUMS Defined, 1.07. Penalties, 12.43. Bribery or corruption exemption, public INFANTS service, 36.10. HABITUAL OFFENDERS Children and Minors, generally, this in­ Life imprisonment, 12.42. HOSPITALS dex. Smoking in public places, 48.01. HANDGUNS INFLUENCE PEDDLING Defined, 46.01. HOTELS Bribery and Corruption, generally, this Theft of services, 31.04. index. HARASSMENT Generally, 42.07. HOUSEHOLD INFORMANT Defined, orders of court, 25.08. Bribery and corruption, retaliation, HARM 36.06. Bribery and corruption, retaliation, HUSBAND AND WIFE Defined, retaliation, 36.06. 36.06. Aggravated assault, 22.02. Public officers and employees, retaliation, Defined, 1.07. Bigamy, 25.01. 36.06. Public officers and employees, acting in Domestic violence, orders of court, Retaliation, public officers and employ­ official capacity, retaliation, 36.06. 25.08. . ees, 36.06. INDEX 80 References are to Sections INFORMATION INVESTMENTS-Cont'd LAW ENFORCEMENT OFFICERS Gambling, communicating gambling in­ Misapplication of fiduciary property or Impersonating public servants, 37, l l. formation, 47.05. property of financial institution, Peace Officers, generally, this index. Official information, misuse, 39.03. 32.45. Reports, false reports to peace officers, 37.08. INJURIES INVOLUNTARY MANSLAUGHTER Personal Injuries, generally, this index. Generally, 19.05. LETTERS Endless chain letters and schemes, 32.48. INNKEEPERS JAILS AND JAILERS Theft of services, 31.04. Assault and battery, 22.02, 22.03. LEWDNESS AND OBSCENITY Civil rights, violations, 39.021. Generally, 43.21 et seq. INSANE PERSONS Death, prisoners, failure to report, Children and minors, 21.11. Mentally Deficient and Mentally Ill Per­ 39.022. Sales, 43.24. sons, generally, this index. Sexual performance by, 43.25. JOINDER OF PROSECUTIONS Defined, 43.21. INSOLVENCY Generally, 3.02. Telephones, 42.07. Failing financial institutions, receiving Disorderly conduct, 42.01. deposits, etc., 32.35. JUDGES Fines and penalties, 43.23 et seq. Fraud in insolvency, 32.34. Bribery, 36.02. Indecent exposure, 21.08. Organized crime, 71.02. INSTALLMENT SALES JURISDICTION Public lewdness, 21.07. Credit Offenses, generally, this index. Generally, 1.04. Telegraphs and telephones, 42.07.

INSTRUCTIONS TO JURY JURY LIBRARIES Sexual assault, evidence of prior sexual Instructions to jury, sexual assault, prior Smoking in public places, 48.01. conduct, 22.065. conduct, evidence, 22.065. LICENSES AND PERMITS INSTRUMENTS JUSTIFICATION Carrying weapons, 46.03. Unlawful use of criminal instrument, Generally, 9.01 et seq. LIENS AND INCUMBRANCES 16.01. JUVENILE COURT Hindering secured creditors, 32.33. Waiver of jurisdiction, 8.07. INSUFFICIENT SUPPORT LIFE Defined, criminal nonsupport, 25.05. JUVENILE DELINQUENTS Protection, 9.34. INSURANCE Certification for criminal prosecution, LIFE IMPRISONMENT Failing financial institutions, receiving 8.07. Habitual offenders, 12.42. deposits, etc., 32.35. Misapplication of fiduciary property or KIDNAPPING LIVESTOCK property of financial institution, Generally, 20.03. Trespass, criminal trespass, 30.05. 32.45. Aggravated kidnapping, 20.04. Aggravated sexual assault, 22.021. LOANS INTENT Definitions, 20.0 I. Building and Loan Associations, general­ Culpability, 6.02. Murder, ly, this index. Capital murder, 19.03. Credit Offenses, generally, this index. INTENTIONAL Organized criminal activity, 71.01 et seq. Defined, 1.07. LODGING KNIVES Honorariums, 36.10. INTERCEPTION DEVICES Weapons, generally, this index. Television, 31.12, 31.13. LOST OR DESTROYED PROPERTY Wire or oral communications, 16.02. ·KNOWING Generally, 28.01 et seq. Defined, 1.07. INTERSTATE PURCHASES LOTTERY Defined, 47.01. Weapons, 46.08. KNUCKLES Defined, weapons, 46.01. MACHINE GUN INTOXICATED Defined, 46.01. Defined, unlawful transfer of firearm, LABELS AND LABELING 46.07. Deceptive business practices, 32.42. MACHINERY AND EQUIPMENT Gambling devices or equipment, posses­ INTOXICATION LABOR AND EMPLOYMENT sion, 47.06. Alcoholics and Alcoholism, generally, Theft of service, 31.04. this index. MAGAZINES LAND Lewdness and Obscenity, generally, this INVESTIGATIONS Real Estate, generally, this index. index. Correctional institutions, death of prison­ er, reports, 39.022. LARCENY MAIL AND MAILING Theft, generally, this inde.<. Endless chain letters and schemes, 32.48. INVESTMENTS Failing financial institutions, receiving LAW MANSLAUGHTER deposits, etc., 32.35. Defined, 1.07. Involuntary manslaughter, 19.05. 81 INDEX References are to Sections MANSLAUGHTER-Cont'd MISDEMEANORS NEGOTIABLE INSTRUMENTS Voluntary manslaughter, 19.04. Defined, 1.07. Commercial Paper, generally, this index. Evidence, 19.06. Fines and Penalties, generally, this index. NOISE MANUFACTURERS AND MANUFAC· MISLABELED Disorderly conduct, 42.0 I. TURING Defined, deceptive business practices, Oral communication, interception de­ 32.42. NONSUPPORT vices, 16.02. Generally, 25.05. Television decoding and interception de­ MISREPRESENTATIONS NOTES vices, 31.13. Fraud, generally, this index. Commercial Paper, generally, this index. Weapons, 46.06. MISTAKE OF FACT Wire communications, interception, Defenses, 8.02. NOTICE 16.02. Convictions, corporations, 12.51. MISTAKE OF LAW Corporations, conviction, 12.51. MARKS, BRANDS AND LABELS Defenses, 8.03. Deceptive business practices, 32.42. Defined, criminal trespass, 30.05. Harboring runaway child, defenses, MISUSE OF OFFICIAL INFORMA· 25.07. MARRIAGE TION Rental property, demand for return, Bigamy, 25.01. Generally, 39.03. Child custody, interference, 25.03. theft of service, 31.04. Husband and Wife, generally, this index. MORALS Smoking, prohibition of smoking, 48.01. Support, nonsupport, 25.05. Generally, 46.01 et seq. NOXIOUS ODORS MATERIAL MOTOR BUSES Disorderly conduct, 42.01. Defined, obscenity, 43.21. Smoking in public places, 48.0 I. NUMBERS AND NUMBERING MATERIALITY MOTOR VEHICLES Personal property, identification num­ Perjury, defenses, 37.04. Arson, 28.01, 28.02. bers, tampering, 31.11. Burglary, 30.04. MEDICAL TREATMENT Defined, NURSING HOMES Assault, 22.0 I. Burglary and criminal trespass, 30.0 I. Assault, 22.01. I. MEDICINE Property offenses, 28.0 OATHS AND AFFIRMATIONS Driving under influence of drugs or nar­ Drugs and Medicine, generally, this in­ Defined, 1.07. cotics, minors, 8.07. dex. Perjury and Falsification, generally, this Theft, unauthorized use of vehicle, 31.07. index. MEETINGS MOVING PICTURES Disruption, 42.05. OBSCENE DEVICE Lewdness and Obscenity, generally, this Defined, obscenity, 43.21. MEMBER OF THE HOUSEHOLD index. Defined, orders of court, 25.08. Smoking in public places, 48.01. OBSCENE SEXUAL PERFORMANCE Defined, children, 43.25. MENTAL DISEASE OR DEFECT MULTIPLE PROSECUTIONS Defined, defenses, 8.01. Generally, 3.01 et seq. OBSCENITY MUNICIPAL JAILS Lewdness and Obscenity, generally, this MENTAL STATE index. Culpable mental state, 6.03. Assault and battery, jailers or guards, 22.02, 22.03. OBSTRUCT MENTALLY DEFICIENT AND MEN· Prisoners civil rights, violations, 39.021. Defined, highways and passageways, TALLY ILL PERSONS 42.03. Generally, 8.01. MUNICIPAL OFFICERS AND EM· Guardians, force and violence, 9.63. PLOYEES OBSTRUCTING GOVERNMENTAL Bribery and Corruption, generally, this OPERATION MERGER AND CONSOLIDATION index. Generally, 38.01 et seq. Theft offenses, 31.02. False personation, public servant, 37.11. OBSTRUCTING HIGHWAYS OR PAS· MILITARY FORCES MURDER SAGEWAYS Weapons, possession, 46.03, 46.04. Homicide, generally, this index. Generally, 42.03. MINORS MUSEUMS Defenses, 42.04. Children and Minors, generally, this in­ Smoking in public places, 48.01. OCEANGOING VESSELS dex. NARCOTICS Gambling, 47.04, 47.06, 47.07. MISAPPLY Drugs and Medicine, generally, this in­ OFFICERS AND EMPLOYEES Defined, fiduciary property, 32.45. dex. Acting in official capacity, retaliation, MISCHIEF NATIONAL GUARD 36.06. Criminal mischief, 28.03. Weapons, possession, 46.03, 46.04. Bribery and Corruption, generally, this index. MISCONDUCT NEGLIGENCE Conduct, retaliation, 36.06. Official misconduct, 39.01. Criminally negligent homicide, 19.07. Corporations, 7.21 et seq. INDEX 82 References are to Sections OFFICERS AND EMPLOYEES-Cont'd OWNER PERJURY AND FALSIFICATION County Officers and Employees, general- Defined, 1.07. -Cont'd ly, this index. Defenses-Cont'd Defined, 1.07. PANDERING Materiality, 37.04. False persona ti on, public servant, 37 .11. Prostitution, promotion, 43.03 et seq. Retraction, 37.05. Harm, acting in official capacity, retalia- Definitions, 37.01. PAPERS tion, 36.06. Fabricating physical evidence, 37.09. Fraud, securing execution of document Informants, retaliation, 36.06. False personation, public servants, 37.11. by deception, 32.46. Misuse of official information, 39.03. Governmental records, tampering, 37.10. Fraudulent destruction, removal or Nursing, convalescent homes, assault, Impersonating public servants, 37.11. concealment of writings, 32.47. 22.01. Inconsistent statements, 37.06. Official capacity, retaliation, 36.06. PARAPHERNALIA Irregularities no defense, 37.07. Official misconduct, 39.01. Gambling paraphernalia, possession, Materiality, 37.04. . Official oppression, 39.02. 47.07. Peace officers, false reports, 37.08. · Retaliation, acting in official capacity, Physical evidence, fabricating or tamper- 36.06. PARTICIPANTS IN A COURT PRO· ing with, 37.09. Schools and school districts, assaults CEEDING Public servant, impersonating, 37.11. upon, 22.01. Assault against, 22.02, 22.03. Records, tampering with governmental State Officers and Employees, generally, Defined, 1.07. records, 37.10. this index. Reports, false reports to peace officers, Threats, acting in official capacity, retali­ PARTY OFFICIAL 37.08. ation, 36.06. Defined, bribery and corrupt influence, Retraction, 37.05. 36.01. . Witnesses, retaliation, 36.06. Tampering, Governmental records, 37.10. PASSAGEWAYS OFFICIAL MISCONDUCT Physical evidence, 37.09. Obstruction, 42.03. Generally, 39.01. Defenses, 42.04. PERSON Defined, 1.07. OFFICIAL OPPRESSION PATENTLY OFFENSIVE Generally, 39.02. Defined, obscenity, 43.21. PERSONAL INJURIES Aged persons, 22.04. OFFICIAL PROCEEDINGS PEACE OFFICERS Children and minors, 22.04. Defined, Constables, generally, this index. Corporations, causing, penalty, 12.51. Bribery and corrupt influence, 36.01. Correctional institutions, prisoners civil Sexual assault, aggravated sexual assault, Obstructing governmental operation, rights, 39.021. 22.021. 38.01. False identification, 37.12. Tampering, food or drugs, 22.09. Perjury and other falsification, 37.01. Police, generally, this index. Reports, false reports, 37.08. OIL AND GAS PERSONAL PROPERTY Sheriffs, generally, this index. Criminal mischief, 28.03. Corporations, damage, 12.51. Weapons, carrying, 46.03, 46.04. False alarm or report, 42.06. Identification numbers, tampering with, Mischief, criminal mischief, 28.03. PECUNIARY BENEFITS 31.11. Offenses against, 28.01 et seq . . Terroristic threats, 22.07. Defined, bribery and corruption, 36.01. Rental agreements, theft of service, OMISSION PENAL INSTITUTION 31.04. Defined, 1.07. Defined, 1.07. Serial numbers, tampering with, 31.11. Theft, presumptions, 31.03. OPPRESSION PENALTIES Official oppression, 39.02. Fines and Penalties, generally, this index. PERSONAL SERVICES Theft of service, 31.04. ORAL COMMUNICATION PERFORMANCE Interception, unlawful interception, Defined, PETIT LARCENY 16.02. Obscenity, 43.21. Theft, generally, this index. Sexual performance by child, 43.25. ORDERS OF COURT PHOTOGRAPHS Generally, 42.01 et seq. PERJURY AND FALSIFICATION Lewdness and Obscenity, generally, this Family violence, 25.08. Generally, 37.01 et seq. index. Aggravated perjury, 37.03. ORDINANCE VIOLATIONS Children and minors, criminal respon- PHYSICIANS AND SURGEONS Children and minors, traffic ordinances, sibility, 8.07. Children and minors, sale or purchase, criminal responsibility, 8.07. Inconsistent statements, 37.06. 25.06. Irregularities no defense, 37.07. PIMPS AND PIMPING ORGANIZED CRIME Materiality, defense, 37.04. Generally, 43.03 et seq. Generally, 71.01 et seq. Retraction, defense, 37.05. Defense, 71.03, 71.05. Children and minors, criminal responsi­ PISTOLS Definitions, 71.01. bility, 8.07. Weapons, generally, this index. Fines and penalties, 71.02. Defenses, Privileges and immunity, 71.04. Inconsistent statements, 37.06. PLANES Witnesses, 71.04. Irregularities no defense, 37.07. Smoking, 48.01. 83 INDEX References are to Sections . PLANES-Cont'd PRIVILEGES AND IMMUNITIES PUBLIC BUILDINGS Theft, unauthorized use, 31.07. Gambling, witnesses, 47.09. Buildings, generally, this index. Organized crime, testimonial immunity, POLICE 71.04. PUBLIC HEALTH, SAFETY, AND Assault, deadly assault, 22.03. Prostitution, accomplice witness, 43.06. MORALS Deadly assault, 22.03. Generally, 43.01 et seq. Defined, 1.07. PRIZES False identification, 37.12. Deceptive business practices, 32.42. PUBLIC INDECENCY False reports to, 37.08. Generally, 43.01 et seq. Impersonating public servants, 37.11. PROCEEDINGS Murder, Actions and Proceedings, generally, this PUBLIC INTOXICATION Capital murder, 19.03. index. Generally, 42.08. Reports, false reports to peace officers, PUBLIC LEWDNESS PROCESS 37.08. Lewdness and Obscenity, generally, this Weapons, carrying, 46.03, 46.04. Preventing execution of civil process, 38.14. index. POLITICAL PARTIES PUBLIC OFFICERS AND EMPLOY­ Bribery and Corruption, generally, this PROCESSIONS EES index. Disruption, 42.05. Officers and Employees, generally, this POPULAR NAME LAWS PROFANITY index. Penal Code, I.OJ. Disorderly conduct, 42.01. PUBLIC ORDER PORNOGRAPHY PROMISSORY NOTES Generally, 42.01 et seq. Lewdness and Obscenity, generally, this Commercial Paper, generally, this index. index. PUBLIC PLACE Defined, 1.07. PROMOTE Smoking in public places, 48.01. POSSESSION Defined, Defined, 1.07. Obscenity, 43.21. PUBLIC RECORDS Gambling devices or equipment, 47.06, Sexual performance by child, 43.25. 47.07. Records and Recordation, generally, this index. Weapons, this index. PROMOTION Gambling, 47.03. POWER COMPANIES PUBLIC SERVANT Lewdness and obscenity, 43.25. Electric Light and Power Companies, Officers and Employees, generally, this generally, this index. Prostitution, 43.03. index.

PREEMPTION PROOF PUBLIC TRANSPORTATION Generally, 1.08. Burden of Proof, generally, this index. Transportation, generally, this index.

PREMIUMS PROPERTY PUBLIC UTILITIES Failing financial institutions, receiving Criminal mischief, 28.03. Criminal mischief, 28.03. deposits, etc., 32.35. Defined, Electric Light and Power Companies, Fraud, 32.01. generally, this index. PREPARATORY OFFENSES Offenses against, 28.01. Mischief, criminal mischief, 28.03. Generally, 15.01 et seq. Robbery, 29.01. Oil and Gas, generally, this index. Theft, 31.01. Telegraphs and Telephones, generally, PRESUMPTIONS Mischief, criminal mischief, 28.03. this index. 'Generally, 2.05. Personal Property, generally, this index. Terroristic threats, 22.07. Stolen property, receiving, 31.03. Protection, 9.41 et seq. Theft, Real Estate, generally, this index. PUNISHMENT Check, 31.06. Fines and Penalties, generally, this index. Money lenders, 31.03. PROSTITUTION Generally, 43.01 et seq. PURCHASES PRINCIPAL AND AGENTS Accomplice witness, 43.06. Sales, generally, this index. Agents and Agencies, generally, this in­ Aggravated promotion, 43.04. Weapons, interstate purchase, 46.08. dex. Compelling, 43.05. PUZZLES PRIOR CONVICTIONS Definitions, 43.01. Deceptive business practices, 32.42. Enhancement purposes, use for, 12.46. Organized criminal activity, 71.01 et seq. Rigging publicly exhibited contests, Pimps and pimping, 43.03 et seq. 32.44. PRISONS AND PRISONERS Promotion, solicitation, 43.03. Correctional Institutions, generally, this PYRAMIDING index. PSYCHIATRIC TREATMENT Endless. chain scheme, 32.48. Assault, 22.01. PRIVATE PLACE QUESTIONS OF LAW ANO FACT Defined, gambling, 47.01. PUBLIC ADMINISTRATION OF­ Perjury, materiality of statement, 37.04. FENSES PRIVATE SECURITY GUARDS Bribery and Corruption, generally, this RACKETEERING Carrying weapons, 46.03. index. Organized Crime, generally, this index. INDEX 84 References are to Sections RADIO REMOVAL ROOMS Emergency communications, interference Fraudulent removal of writings, 32.47. Dogs, fighting, 42.111. with, 42.13. REMOVE RULE RAILROADS Defined, hindering secured creditors, Defined, 1.07. Smoking in public places, 48.01. 32.33. RUNAWAY CHILDREN RAPE RENTAL PROPERTY Harboring, 25.07. Sexual Assault, generally, this index. Theft of service, holding beyond rental date, 31.04. SADO-MASOCHISTIC ABUSE REAL ESTATE Defined, children, 43.25. Corporations, damages, 12.51. RENUNCIATION DEFENSE Dogs, fighting, 42.111. Generally, 15.04. SAFETY Offenses against, 28.0 I et seq. Organized crime, 71.05. Generally, 46.01. REASONABLE BELIEF REPAIRS SALES Defined, 1.07. Weapons, 46.06. Children, adoption, 25.06. Credit Offenses, generally, this index. REASONABLE DOUBT REPORTS Deceptive business practices, 32.42. Generally, 2.01. Correctional institutions, death of prison- Defined, deceptive business practices, RECEIVERS AND RECEIVERSHIP er, 39.022. 32.42. Commercial bribery, 32.43. False alarm or reports, 42.06. Drugs and medicine, tampering, 22.09. Misapplication of fiduciary property, Honorariums, public service, 36.10. Food, tampering, 22.09. 32.45. Peace officers, false reports to, 37.08. Interception devices, 16.02. Television, 31.13. RECEIVING STOLEN PROPERTY REPRESENTING Obscenity, 43.21 et seq. Theft, 31.03. Defined, trade secrets theft, 31.05. Oral communications, interception de- vices, 16.02. RECIDIVISM RESERVE LAW ENFORCEMENT OF­ Pornography, 43.21 et seq. Penalties, 12.42, 12.43. FICERS Tampering, food and medicine, 22.09. Defined, 37.12. Television decoding and interception de- RECKLESS False identification, 37.12. Defined, 1.07. vices, 31.13. Used property, theft, presumption, 31.03. RESISTING ARREST OR SEARCH RECKLESS CONDUCT Weapons, 46.06. Generally, 38.03. Generally, 22.05. Interstate purchases, 46.08. Defense, consent, 22.06. RESTAURANTS Wire communications, interception de­ Theft of services, 31.04. vices, 16.02. RECKLESS DAMAGE OR DESTRUC­ TION OF PROPERTY RESTITUTION SALES CONTEST Generally, 28.04. Checks, bad checks, 32.41. Defined, deceptive business practices, 32.42. RECKLESS INJURIES RESTRAIN Third persons, justification, 9.05. Defined, kidnapping and false imprison­ SCHOOLS AND SCHOOL DISTRICTS ment, 20.01. Administrative employees, assaults upon, RECORDERS 22.01. Television decoding and interception de­ RETAIL INSTALLMENT SALES Counselors, assaults upon, 22.0 I. vices, 31.12, 31.13. Credit Offenses, generally, this index. Principals, assaults upon, 22.01. RECORDS AND RECORDATION Smoking in public places, 48.01. Governmental record tampering, 37 .10. RETALIATION Weapons, possession, 46.04. Juvenile court records, evidence in subse- Public officers and employees, acting in SCHOOLTEACHERS quent criminal prosecutions, 8.07. official capacity, 36.06. Assaults upon, 22.0 I. Tampering with governmental records, RETRACTION OF STATEMENTS Children and minors, force and violence, 37.10. Perjury, defenses, 37.05. 9.62. REDUCTION OF SENTENCE RIOTS SEARCHES AND SEIZURES Third degree felonies to misdemeanor, Generally, 42.02. Grounds, 9.51. 12.44. Resisting arrest or search, 38.03. REHABILITATION OF CRIMINAL OF- ROADS Wire or oral communication, intercep­ FENDERS Highways and Roads, generally, this in- tion devices, 16.02. Generally, 1.02. dex. SECOND AND SUBSEQUENT OF­ RELATIVE ROBBERY FENSES Defined, kidnapping and false imprison­ Generally, 29.02. Penalties, 12.42, 12.43. ment, 20.01. Aggravated robbery, 29.03. Definitions, 29.01. SECOND DEGREE FELONIES RELIGION Murder, capital murder, 19.03. Generally, 12.04. Desecration, venerated objects, 42.09. Organized criminal activity, 71.01 et seq. Fines and Penalties, generally, this index. 85 INDEX References are to Sections SECRETS AND SECRECY SEXUAL PERFORMANCE STEAL-Cont'd Theft of trade secrets, 31.05. Defined, children, 43.25. Defined-Cont'd Theft, 31.01. SECURED CREDITORS SHERIFFS Hindering, 32.33. False identification, 37.12. STEALING Impersonating public servants, 37.11. Theft, generally, this index. SECURED TRANSACTIONS Reports, false reports to peace officers, Credit Offenses, generally, this index. 37.08. STICK-UP Robbery, generally, this index. SECURITY GUARDS SHIPS AND SHIPPING Carrying weapons, 46.03. Gambling, defenses, 47.04 et seq. SUBORDINATION Theft, unauthorized use of vessel, 31.07. Bribery and Corruption, generally, this SECURITY INTEREST index. Defined, hindering secured creditors, SHOPLIFTING 32.33. Theft, generally, this index. SUBSCRIPTION TELEVISION SER­ VICE SEIZURES SHORT TITLE Decoding and interception devices, 31.12, Searches and Seizures, generally, this in­ Penal Code, 1.01. 31.13. dex. SHORT-BARREL FIREARM SUDDEN PASSION SELF-DEFENSE Defined, 46.0 I. Defined, voluntary manslaughter, 19.04. Generally, 9.31, 9.32. SHOWS SENIOR CITIZENS SUICIDE Smoking in public places, 48.0 I. Person.al injuries, 22.04. Aiding suicide, 22.08. SIMULATION SENTENCE AND PUNISHMENT SUITS Fines and Penalties, generally, this index. Criminal simulation, 32.22. Actions and Proceedings, generally, this Defined, sexual performance by child, index. SERIAL NUMBERS 43.25. Tampering with, 31.11. SUPPORT OF PERSONS SMOKING Nonsupport, 25.05. SERIOUS BODILY INJURY Public places, 48.01. Defined, 1.07. SUSPECT SOCIETIES Defined, 1.07. SERVICE Associations and Societies, generally, this Defined, index. SWEAR Fraud, 32.0 I. Defined, 1.07. Theft, 31.01. SOLICITATION Theft, 31.04. Generally, 15.03. SWEEPSTAKES Bribery and corruption, public servants, Deceptive business practices, 32.42. SEVERANCE jurisdiction, 36.08. Rigging publicly exhibited contests, Prosecutions, 3.04. Children and minors, sexual purposes, 32.44. 25.06. SEXUAL ASSAULT Fines and Penalties, this index. SWITCHBLADE KNIFE Generally, 22.011. Preparatory offense no offense, 15.05. Generally, 46.06 Aggravated sexual assault, 22.021. Promotion of prostitution, 43.03. Defined, 46.01. Consent, 22.011. Renunciation defense, 15.04. Evidence, victims, conduct, 22.065. TAKING PROPERTY Victims, conduct, evidence, 22.065. SPOUSES Theft, generally, this index. Husband and Wife, generally, this index. TAMPER SEXUAL CONTACT Defined, 21.0 I. SPRING GUNS Defined, consumer products, 22.09. Prostitution, 43.01. Property, protection, 9.44. TAMPERING SEXUAL INTERCOURSE STATE OFFICERS AND EMPLOYEES Consumer products, 22.09. Defined, 21.0 I. Acting in official capacity, retaliation, Drugs and medicine, 22.09. Incest, 25.02. 36.06. Evidence, 37.09. Prostitution, 43.01. Bribery and Corruption, generally, this Fines and penalties, Deviate Sexual Intercourse, generally, index. Governmental records, 37 .10. this index. Conduct in official capacity, retaliation, Identification numbers, 31.11. 36.06. Witnesses, 36.05. SEXUAL OFFENSES False personation, public servant, 37.11. Food, 22.09. Generally, 21.01 et seq. Governmental records, 37.10. Children and minors, solicitation, 25.06. STATEMENTS Identification numbers, personal proper- Deviate Sexual Intercourse, generally, Defined, perjury and other falsification, ty, 31.11. this index. 37.01. Witnesses, 36.05. Lewdness and Obscenity, generally, this index. STEAL TAPE RECORDERS Prostitution, generally, this index. Defined, Decoding and interception devices, 31.12, Sexual Assault, generally, this index. Fraud, 32.01. 31. 13. INDEX 86 References are to Sections TELECOMMUNICATIONS THEFT-Cont'd TRANSPORTATION Theft of service, 31.04. Services, theft of service, 31.04. Criminal mischief, 28.03. Superseding former crimes, 31.02. False alarms or reports, 42.06. TELEGRAPHS AND TELEPHONES Television, decoding and interception de- Mischief, criminal mischief, 28.03. Harassment, 42.07. vices, 31.12, 31.13. Terroristic threats, 22.07. Interception, 16.02. Title to property, actor's interest, defens- Weapons, 46.06. Lewdness and obscenity, 42.07. es, 31.10. Terroristic threats, impairment or inter- Trade secrets, 31.05. TRAVELING EXPENSES ruption, 22.07. Unauthorized use of vehicles, 31.07. Honorariums, 36.10. Theft of services, 31.04. Used property, buyers, 31.03. TRESPASS TELEPHONES Value, defined, 31.08. Telegraphs and Telephones, generally, Vehicles, unauthorized use, 31.07. Criminal trespass, 30.05. this index. Videotape recording, decoding and inter- ception devices, 31.12, 31.13. TRIAL TELEVISION AND RADIO Appearance, 38.11. Decoding and interception devices, 31.12, THING OF VALUE Assault upon participant in a court pro­ 31.13. Defined, gambling, 47.01. ceeding, 22.02, 22.03. Venue, 1.04. TENTS THIRD DEGREE FELONIES Dogs, fighting, 42.111. Generally, 12.04. TRUST COMPANIES Fines and Penalties, generally, this index. Banks and Trust Companies, generally, TERRORISTIC THREATS Reduction, sentence, 12.44. this index Generally, 22.07. THIRD PERSONS TRUSTS AND TRUSTEES TESTIMONIAL IMMUNITY Defense of third persons, justification, Commercial bribery, 32.43. Organized crime, 71.04. 9.33. Misapplication of fiduciary property, Property, protection, 9.43. 32.45. TESTIMONY Reckless injuries, justification, 9.05. Evidence, generally, this index. Responsibility for conduct, 7.01. Witnesses, generally, this index. UNADJUDICATED OFFENSES Admission, 12.45. THREATS THEATERS AND SHOWS Smoking, 48.01. Bribery and corruption, retaliation, UNIFORMS 36.06. Security guards, carrying weapons, 46.03. THEFT Justification, 9.04. Generally, 31.01 et seq. Public officers and employees, acting in UNLAWFUL Accomplices, corroborative testimony, official capacity, retaliation, 36.06. Defined, 1.07. 31.03. Retaliation, public officers and employ- Aggregation of amounts involved in ees, acting in official capacity, 36.06. UNLAWFUL CUSTODY theft, 31.09. Terroristic threats, 22.07. Escape, 38.09. Airplanes, unauthorized use, 31.07. Theft, 31.03. Boats, unauthorized use, 31.07. USED PROPERTY Burglary, generally, this index. TITLE TO PROPERTY Sales, theft, presumption, 31.03. Buyers, used property, presumptions, Theft, actor's interest in property, 31.10. . 31.03. UTILITIES TOBACCO Public Utilities, generally, this index. Checks, presumption for theft by check, Smoking in public places, 48.01. 31.06. VALUE Consolidation of theft offenses, 31.02. TORMENTING Definition, theft, 31.08. Copies, theft of trade secrets, 31.05. Telegraphs and telephones, 42.07. Credit card abuse, 32.31. Fraud, 32.02. TRADE OR BUSINESS Defenses, actor's interest in property, VANDALISM Business and Commerce, generally, this 31.10. Criminal mischief, 28.03. index. Definitions, 31.01. Reckless damage or destruction, 28.04. Evidence, 31.03. Presumptions, theft by check, 31.06. TRADE SECRETS Theft of trade secrets, 3 I.OS. VEHICLES Identification numbers, tampering, 31.11. Motor Vehicles, generally, this index. Interest in property, defenses, 31.10. Merger and consolidation, theft offenses, TRAFFIC ORDINANCES Children and minors, violation, criminal VENDING MACHINES 31.02. Burglary, 30.03. Motor-propelled vehicles, unauthorized responsibility, 8.07. use, 31.07. TRAINING VENERATED OBJECTS Organized criminal activity, 71.01 et seq. Dogs, fighting, 42.111. Desecration, 42.09. Personal services, 31.04. Presumptions, TRANSFERS VENUE Theft by check, 31.06. Weapons, 46.07. Generally, 1.04. Used property buyers, 31.03. Robbery, generally, this index. TRANSIT SYSTEMS VICTIMS Secrets, theft of trade secrets, 31.05. Smoking in public places, 48.01. Sexual assault, conduct, evidence, 22.065. 87 INDEX References are to Sections VIDEO TAPE RECORDERS WEAPONS-Cont'd WORDS AND PHRASES-Cont'd Decoding and interception devices, 31.12, Transfers, 46.07. Child-Cont'd 31.13. Transportation, 46.06. Sexual assault, 22.011. Trespass, criminal trespass, 30.05. Club, weapons, 46.01. VIOLENCE Coercion, Force and Violence, generally, this index. WHOLESALE PROMOTE Bribery and corrupt influence, 36.0 I. Defined, obscenity, 43.21. Theft, 31.01. VOLUNTARY ACT OR OMISSION Combination, organized crime, 71.01. Culpability, 6.01. WIFE Commodity, deceptive business practices, Husband and Wife, generally, this index. VOLUNTARY MANSLAUGHTER 32.42. Generally, 19.04. WIRE COMMUNICATIONS Compensation, chain letters and schemes, Evidence, 19.06. Interception, unlawful interception, 32.48. 16.02. Complaining witness, obstructing govern- VOTE mental operation, 38.01. Defined, bribery and corrupt influence; WITNESSES Conduct, 1.07. 36.01. Bribery and corruption, Consent, 1.07. Retaliation, 36.06. Conspires to commit, organized crime, VOYEURISM Tampering with witnesses, 36.05. 71.01. Disorderly conduct, 42.01. Compounding, 38.06. Consumer product, tampering, 22.09. Contest, deceptive business practices, WAGERING Defenses, compounding, 38.06. Gambling, generally, this index. Evidence, generally, this index. 32.42. Gambling, immunity, 47.09. Copy, trade secrets theft, 31.05. WAIVER Identification as witness, failure, 38.02. Corporation, 1.07. Juvenile court jurisdiction, 8.07. Organized crime, 71.04. Credit, false statement to obtain property Perjury and Falsification, generally, this or credit, 32.32. WARD index. Credit card, abuse, 32.31. Guardian and Ward, generally, this in­ Prostitution, accomplice witness, 43.06. Criminal episode, multiple prosecutions, dex. Public officers and employees, acting as, 3.01. Criminal instruments, 16.01. WARRANTS retaliation, 36.06. Retaliation, public officers and employ­ Criminal negligence, 1.07. Search warrants, use of force justified, Culpable mental states, 6.03. 9.51. ees, acting as, 36.06. Tampering with witnesses, 36.05. Custody, WATER SUPPLY AND WATER Bribery and corrupt influence, 36.01. WORKS WORDS AND PHRASES Civil rights, prisoners, 39:021. Criminal mischief, 28.03. Abduct, kidnapping and false imprison- Justification, 9.01. False alarm or report, 42.06. ment, 20.01. Obstructing governmental operation, Mischief, criminal mischief, 28.03. Act, 1.07. 38.01. Terroristic threats, 22.07. Actor, 1.07. Deadly force, justification, 9.01. Adequate cause, voluntary manslaughter, Deadly weapon, 1.07. WEAPONS 19.04. Debt, gambling, 47.01. Generally, 46.01 et seq. Adjudicatory proceedings, Deception, theft, 31.01. Carrying. Possession, generally, post. Gambling, 47.09. Deceptive sales contest, deceptive busi- Components, explosives, 46.10. Improper influence, 36.04. ness practices, 32.42. Defenses, Prostitution, 43.06. Deprived, theft, 31.0 I. Affirmative defenses, 46.06. Adulterated, deceptive business practices, Desecrate, venerated objects, 42.09. Possession, 46.04. 32.42. Deviate sexual intercourse, 21.01. Definitions, 46.01. Agency, 1.07. Children, 43.25. Discharge, public roads, 42.01. Agent, corporations and associations, Incest, 25.02. Felons, possession, 46.05. 7.21. Prostitution, 43.01. Fines and Penalties, this index. Altered gambling equipment, 47.01. Dog fighting, 42.111. Highways and roads, discharge, 42.01. Animal, cruelty, 42.11. Drugs, tampering, 22.09. Hoax bombs, 46.09. Another, 1.07. Effective consent, 1.07. Interstate purchases, 46.08. Appropriate, theft, 31.01. Theft, 31.01. Licenses and permits, carrying, 46.03. Armor-piercing ammunition, weapons, Eleciric generating plant, 1.07. Manufacturers and manufacturing, 46.06. 46.01. Electric utility substation, 1.07. Organized criminal activity, 71.01 et seq. Article, trade secrets theft, 31.05. Element of offense, 1.07. Peace officers, carrying, 46.03, 46.04. Association, 1.07. Emergency, interference with communi­ Places prohibited, 46.04. Beneficiary, commercial bribery, 32.43. cations, 42.13. Possession, 46.02, 46.06. Benefit, 1.07. Endless chain, chain letters and schemes, Exemption, 46.03. Bodily injury, 1.07. 32.48. Felons, 46.05. Building, Enter, Places prohibited, 46.04. Burglary and criminal trespass, 30.01. Burglary, 30.02. Reckless conduct, 22.05. Property offenses, 28.01. Vehicles, burglary, 30.04. Repairs, 46.06. Business, deceptive practices, 32.42. Entry, Sales, 46.06. Cardholder, credit card abuse, 32.31. Coin-operated machines, burglary, Sexual assault, aggravated sexual assault, Child, 30.03. 22.021. Criminal nonsupport, 25.05. Criminal trespass, 30.05. INDEX 88 References are to Sections WORDS AND PHRASES-Cont'd WORDS AND PHRASES-Cont'd WORDS AND PHRASES-Cont'd Escape, Notice, criminal trespass, 30.05. Security interest, hindering secured credi- Justification, 9.01. Oath, 1.07. tors, 32.33. Obstructing governmental operation, Obscene, 43.21. Sell, deceptive business practices, 32.42. 38.01. Telephones, 42.07. Serious bodily injury, 1.07. Expired credit card, abuse, 32.31. Obscene device, 43.21. Service, Explosive weapon, 46.0 I. Obscene sexual performance, children, Fraud, 32.0 I. Family, orders of court, 25.08. 43.25. Theft, 31.01. Family violence, orders of court, 25.08. Obstruct, highways or other passage­ Sexual conduct, Felony, 1.07. ways, 42.03. Children, 43.25. Fiduciary, Official proceeding, , Prostitution, 43.01. Commercial bribery, 32.43. Bribery and corrupt influence, 36.0 I. Sexual contacts, 21.01. Misapplication of fiduciary property, Obstructing governmental operation, Prostitution, 43.01. 32.45. 38.01. Sexual intercourse, 21.01. Financial institution, fraud, 32.01. Perjury and other falsification, 37.01. ·Incest, 25.02. Firearm, 46.01. Omission, 1.07. Prostitution, 43.01. Firearm silencers, 46.01. Owner, 1.07. Sexual performance, trial, 43.25. Food, tampering, 22.09. Participant in a court proceeding, 1.07. Short-barrel firearm, 46.01. Forge, 32.21. Party official, bribery and corrupt influ- Simulated, sexual performance by child, Gambling device, 47.01. ence, 36.0 I. 43.25. Gambling paraphernalia, 47.01. Patently offensive, obscenity, 43.21. Spouse, sexual assault, 22.011. Gambling place, 47.01. Peace officer, 1.07. Statement, perjury and other falsification, Government, 1.07. Pecuniary benefits, bribery and corrup­ 37.01. Governmental function, obstructing gov­ tion, 36.01. Steal, ernmental operation, 38.01. Penal institution, 1.07. Fraud, 32.01. Governmental record, perjury and other Performance, Theft, 31.01. falsification, 37.01. Subscription television service, decoding Habitation, Obscenity, 43.21. Sexual performance by child, 43.25. and interception devices, 31.12, Burglary and criminal trespass, 30.0 I. Person, 1.07. 31.13. Property offenses, 28.01. Sudden passion, voluntary manslaughter, Handgun, 46.0 I. Private place, gambling, 47.01. Prize, deceptive business practices, 32.42. 19.04. Harm, 1.07. Suspect, 1.07. Harmful material, minors, 43.24. Profession, 1.07. Promote, Swear, 1.07. High managerial agent, corporations, and Switchblade knife, 46.0 I. associations, 7 .21. Obscenity, 43.21. Sexual performance by child, 43.25. Tamper, consumer products, 22.09. Household, orders of court, 25.08. · Thing of value, gambling, 47.01. Property, Illegal knife, 46.0 I. Trade secret, theft, 31.05. In the course of committing theft, rob- Fraud, 32.01. Offenses against property, 28.01. Under the appearance of being married, bery, 29.01. bigamy, 25.01. Individual, 1.07. Robbery, 29.01. Theft, 31.01. Unlawful, 1.07. Informant, retaliation, 36.06. Value, theft, 31.08. Insufficient support, criminal nonsupport, Prostitution, 43.01. Public place, 1.07. Vehicle, 25.02. Burglary and criminal trespass, 30.01. Public servant, 1.07. Intentional, 1.07. Offenses against property, 28.01. Reasonable belief, 1.07. Intoxicated, weapons, 46.07. Vote, bribery and corrupt influence, Intoxication, involuntary manslaughter, Reckless, 1.07. Relatives, kidnapping and false imprison- 36.01. 19.05. Wholesale promote, obscenity, 43.21. ment, 20.01. · Knife, 46.0 I. Writing, Removed, hindering secured creditors, Knowing, 1.07. Forgery, 32.21. 32.33. Knuckles, weapons, 46.0 I. Fraudulent destruction, removal or Representing, trade secrets theft, 31.05. Law, 1.07. concealment of writings, 32.47. Lottery, 47.01. Reserve law enforcement officer, false Machine gun, 46.01. identification, 37.12. WORTHLESS CHECKS Material, obscenity, 43.21. Restrain, kidnapping and false imprison­ Issuance, 32.41. Member of the household, orders of ment, 20.0 I. court, 25.08. Riot, disorderly conduct and related of- WRITINGS Mental disease or defects, defenses, 8.0 I. fenses, 42.02. Defined, Minor, obscene materials, 43.24. Rule, 1.07. Forgery, 32.21. Misapply, fiduciary property, 32.45. Sado-masochistic abuse, children, 43.25. Fraud, securing execution of document Misdemeanor, 1.07. Sale, deceptive business practices, 32.42. by deception, 32.46. Mislabeled, deceptive business practices, Sales contests, deceptive business prac- Fraudulent destruction, removal or 32.42. tices, 32.42. concealment, 32.4 7.

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