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Institute for Criminal Justice Studies SBLE Penal & Alcohol Codes ©This TCLEOSE approved Crime Prevention Curriculum is the property of CSCS-ICJS SBLE – Basic (2008)
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OBJECTIVES Learning Objective: The student will. Learning Objective: The student will Learning Objective:
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§ PC 9.51. Arrest and Search (Use of Force). Statute text (a) A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if: (1) the actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and
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§ PC 9.51. Arrest and Search – Continued: (a)(2) before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer's direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested.
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§ PC 9.51. Arrest and Search – Continued: (c) A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Subsection (a) and: (1) the actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or (2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the actor or another if the arrest is delayed.
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§ PC 9.51. Arrest and Search – Continued: (d) A person other than a peace officer acting in a peace officer's presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and: (1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or
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§ PC 9.51. Arrest and Search – Continued: (d)(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed. (e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d). (f) Nothing in this section relating to the actor's manifestation of purpose or identity shall be construed as conflicting with any other law relating to the issuance, service, and execution of an arrest or search warrant either under the laws of this state or the United States.
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§ PC 9.51. Arrest and Search – Continued: (g) Deadly force may only be used under the circumstances enumerated in Subsections (c) and (d).
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§ PC 38.03. Resisting Arrest, Search, or Transportation. Statute text (a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another. (b) It is no defense to prosecution under this section that the arrest or search was unlawful. (c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor. (d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.
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§ 38.05. Hindering Apprehension or Prosecution. Statute text (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he: (1) harbors or conceals the other;
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§ 38.05. Hindering Apprehension or Prosecution – Continued: (a)(2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or (3) warns the other of impending discovery or apprehension. (b) It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law.
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§ 38.05. Hindering Apprehension or Prosecution – Continued: (c) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is
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§ 38.05. Hindering Apprehension or Prosecution – Continued: (c) continued: under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony.
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§ PC 22.01. Assault. Statute text (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
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§ PC 22.01. Assault – Continued: (b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
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§ PC 22.01. Assault – Continued: (b) (3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person: (A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract; or
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§ PC 22.01. Assault – Continued: (b) (4) a person the actor knows is a security officer while the officer is performing a duty as a security officer. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; or (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either:
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§ PC 22.01. Assault – Continued: (c) (2)(A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant. (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.
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§ PC 22.01. Assault – Continued: (e) In this section: (1) [Repealed by Stats. 2005 79th Leg. Session, Ch. 788 (S.B. 91), § 6, effective September 1, 2005.] (2) [Repealed by Stats. 2005 79th Leg. Session, Ch. 788 (S.B. 91), § 6, effective September 1, 2005.] (3) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.
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§ PC 22.01. Assault – Continued: (e) (4) "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member.
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§ PC 22.01. Assault – Continued: (f) For the purposes of Subsection (b)(2): (1) a defendant has been previously convicted of an offense listed in Subsection (b)(2) committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and
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§ PC 22.01. Assault – Continued: (f) (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in Subsection (b)(2) is a conviction of an offense listed in Subsection (b)(2).
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§ PC 42.06. False Alarm or Report. Statute text circulates (a) A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily: (1) cause action by an official or volunteer agency organized to deal with emergencies; (2) place a person in fear of imminent serious bodily injury; or
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§ PC 42.06. False Alarm or Report – Continued: (a) (3) prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance. Class A misdemeanor (b) An offense under this section is a Class A misdemeanor unless the false report is of an emergency involving a public primary or secondary school, public communications, public transportation, public water, gas, or power supply or other public service, in which event the offense is a state jail felony.
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§ 46.08. Hoax Bombs. Statute text (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. Class A misdemeanor (b) An offense under this section is a Class A misdemeanor.
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§ 21.11. Indecency with a Child. Statute text (a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
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§ 21.11. Indecency with a Child – Continued: (2) (B) causes the child to expose the child's anus or any part of the child's genitals. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and (3) at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
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§ 21.11. Indecency with a Child – Continued: (b) (3) (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part `of the genitals of a child; or
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§ 21.11. Indecency with a Child – Continued: (b) (3) (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. (c)(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person. felony of the third degree (d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.
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§ PC 22.10. Leaving a Child in a Vehicle. Statute text (a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: (1) younger than seven years of age; and (2) not attended by an individual in the vehicle who is 14 years of age or older. Class C misdemeanor (b) An offense under this section is a Class C misdemeanor.
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§ PC 42.01. Disorderly Conduct. Statute text (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place;
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§ PC 42.01. Disorderly Conduct – Continued: (a) (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; (6) fights with another in a public place; (7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Class B misdemeanor) Government Code; (Class B misdemeanor)
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§ PC 42.01. Disorderly Conduct – Continued: Class B misdemeanor) (a) (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; (Class B misdemeanor) (9) discharges a firearm on or across a public road; (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
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§ PC 42.01. Disorderly Conduct – Continued: (a) (11) for a lewd or unlawful purpose: (A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling; (B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or (C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
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§ PC 42.01. Disorderly Conduct – Continued: (b)It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct. (c)For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice peace officer from a magistrate or peace officer that the noise is a public nuisance.
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§ PC 42.01. Disorderly Conduct – Continued: Class C misdemeanor Class B misdemeanor (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor. (e) It is a defense to prosecution for an offense under Subsection (a)(7) or (a)(9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.
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§ PC 42.02. Riot. Statute text (a) For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which: (1) creates an immediate danger of damage to property or injury to persons; (2) substantially obstructs law enforcement or other governmental functions or services; or (3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.
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§ PC 42.02. Riot –Continued: (b) A person commits an offense if he knowingly participates in a riot. (c) It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor retired from the assembly. (d) It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.
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§ PC 42.02. Riot –Continued: Class B misdemeanor (e) Except as provided in Subsection (f), an offense under this section is a Class B misdemeanor. (f) An offense under this section is an offense of the same classification as any offense of a higher grade committed by anyone engaged in the riot if the offense was: (1) in the furtherance of the purpose of the assembly; or (2) an offense which should have been anticipated as a result of the assembly.
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§ PC 42.05. Disrupting Meeting or Procession. Statute text (a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance. Class B misdemeanor (b) An offense under this section is a Class B misdemeanor.
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§ PC 42.07. Harassment. Statute text (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he: (1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;
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§ PC 42.07. Harassment – Continued: (a)(2) threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property; (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;
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§ PC 42.07. Harassment – Continued: (a)(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the connection; (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or
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§ PC 42.07. Harassment – Continued: (a)(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another. (b) In this section: (1) "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo- optical system. The term includes:
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§ PC 42.07. Harassment – Continued: (b)(1)(A) a communication initiated by electronic mail, instant message, network call, or facsimile machine; and (B) a communication made to a pager. (2) "Family" and "household" have the meaning assigned by Chapter 71, Family Code. (3) "Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.
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§ PC 42.07. Harassment – Continued: Class B misdemeanor Class A misdemeanor (c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.
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§ PC 28.03. Criminal Mischief (Vandalism). Statute text (a) A person commits an offense if, without the effective consent of the owner: (1) he intentionally or knowingly damages or destroys the tangible property of the owner; (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (b) Except as provided by Subsections (f) and (h), an offense under this section is: Class C misdemeanor (1) a Class C misdemeanor if: (A) the amount of pecuniary loss is less than $50; or (B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others; (2) a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500;
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: Class A misdemeanor (b) (3) a Class A misdemeanor if: (A) the amount of pecuniary loss is: (i) $500 or more but less than $1,500; or (ii) less than $1,500 and the actor causes in whole or in part impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply; or
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (b) (3) (B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss; state jail felony (4) a state jail felony if the amount of pecuniary loss is: (A) $1,500 or more but less than $20,000;
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (b)(4) (B) less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon; or (C) less than $1,500, if the property was a fence used for the production or containment of: (i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or (ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code;
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (b)(5) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000; (6) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or (7) a felony of the first degree if the amount of pecuniary loss is $200,000 or more.
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (c) For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been: (1) diverted from passing through a metering device; or (2) prevented from being correctly registered by a metering device; or (3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (d) The terms "public communication, public transportation, public gas or power supply, or other public service" and "public water supply" shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Natural Resource Conservation Commission or any such services enfranchised by the State of Texas or any political subdivision thereof.
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (e) When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (g) In this section: (1) "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes: (A) an explosive or incendiary bomb, grenade, rocket, and mine; (B) a device designed, made, or adapted for delivering or shooting an explosive weapon; and
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: (C) a device designed, made, or adapted to start a fire in a time-delayed manner. (2) "Firearm" has the meaning assigned by Section 46.01. (3) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
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§ PC 28.03. Criminal Mischief (Vandalism) – Continued: state jail felony (h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $1,500 or more but less than $20,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education. (i) Notwithstanding Subsection (b), an offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease described by Section 161.041(a), Agriculture Code. In this subsection, "livestock" has the meaning assigned by Section 161.001, Agriculture Code.
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§ PC 46.03. Places Weapons Prohibited. Statute text (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
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§ PC 46.03. Places Weapons Prohibited – Continued: (a) (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (4) on the premises of a racetrack; (5) in or into a secured area of an airport; or
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§ PC 46.03. Places Weapons Prohibited – Continued: (a) (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
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§ PC 46.03. Places Weapons Prohibited – Continued: (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. (c) In this section: (1) "Premises" has the meaning assigned by Section 46.035. (2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
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§ PC 46.03. Places Weapons Prohibited – Continued: (d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or (3) a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies if: (A) the actor is wearing a distinctive uniform; and
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§ PC 46.03. Places Weapons Prohibited – Continued: (d)(3) (B) the firearm or club is in plain view. (4) [Deleted] (5) a security officer who holds a personal protection authorization under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes). (e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.
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§ PC 46.03. Places Weapons Prohibited – Continued: (f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code. (g) An offense under this section is a third degree felony. (h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
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§ PC 46.03. Places Weapons Prohibited – Continued: (h) (1) the actor is wearing a distinctive uniform; and (2) the firearm or club is in plain view. (i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club: (1) while in a vehicle being driven on a public road; or (2) at the actor's residence or place of employment.
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§ PC 46.11. Penalty If Offense Committed Within Weapon-Free School Zone. Statute text (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or (2) on premises where:
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§ PC 46.11. Penalty If Offense Committed Within Weapon-Free School Zone – Continued: (a) (2) (A) an official school function is taking place; or (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. (b) This section does not apply to an offense under Section 46.03(a)(1).
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§ PC 46.11. Penalty If Offense Committed Within Weapon-Free School Zone – Continued: (c) In this section: (1) "Institution of higher education" and "premises" have the meanings assigned by Section 481.134, Health and Safety Code. (2) "School" means a private or public elementary or secondary school.
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§ PC 48.01. SMOKING TOBACCO. Statute Text (a)A person commits an offense if he is in possession of a burning tobacco product or smokes tobacco in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, or intrastate bus, as defined by Section 541.201, Transportation Code, plane, or train which is a public place.
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§ PC 48.01. SMOKING TOBACCO – Continued: (b) It is a defense to prosecution under this section that the conveyance or public place in which the offense takes place does not have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance or public place and that an offense is punishable by a fine not to exceed $500. (c) All conveyances and public places set out in Subsection (a) of Section 48.01 shall be equipped with facilities for extinguishment of smoking materials and it shall be a defense to prosecution under this section if the conveyance or public place within which the offense takes place is not so equipped.
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§ PC 48.01. SMOKING TOBACCO – Continued: (d) It is an exception to the application of Subsection (a) if the person is in possession of the burning tobacco product or smokes tobacco exclusively within an area designated for smoking tobacco or as a participant in an authorized theatrical performance. (e) An area designated for smoking tobacco on a transit system bus or intrastate plane or train must also include the area occupied by the operator of the transit system bus, plane, or train. Class C misdemeanor (f) An offense under this section is punishable as a Class C misdemeanor.
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SOURCES - RESOURCES
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Presenter Contact Information 350 N. Guadalupe, Suite 140, PMB 164 San Marcos, Texas 78666. 877-304-2727 www.cscs.txstate.edu
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