Texas penal code #2 tcole bpoc with complete verified solutions

sec 6.04 causation: conduct and results A. a person is criminally responsible if the result would not have occured but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient. B. a person is nevertheless criminally responsible for causing a result if the only difference between what actually occured and what he desired, contemplated, or risked is that: 1. a different offense was committed; or 2. a different person or property was injured, harmed or otherwise affected. examples of intentional striking a person, shooting a gun, stabbing someone Brainpower Read More Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:00 / 0:00 Full screen examples of knowing drive by shooting examples of reckless speeding through a school zone while school is in session examples of criminal negligence passing on shoulder and striking a pedestrian, burning trash unattended during a drought 7.01 parties to offenses A. a person is criminally responislbe as a party to an offense is the offense is committed by his own conduct, by the contduct of another for which he is criminally responsible, or both B. each party to an offense may be charged with commission of the offense C. all traditional distinctinos between accomplices and principals are abolished by this sectino, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice. (Each party to an offense may be charged with commission of the offense but sentence might be different) Sec. 7.02 - Criminal Responsibility for Conduct of Another A. a person is criminally responsible for an offense committed by the conduct of another if: 1. acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the defniition of the offense; 2. acting with intent to promite or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or 3. having legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense. B. if, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to committ it, if the offense was commited in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy. sec 7.03 defense excluded in a prosecution in which and actors criminal responsiblity is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense: 1. that the actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity; or 2. that the person for whose conduct the actor is criminally responsible has been aquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is imune from prosecution. agent a director, officer, employee, or other person auhtorized to act in behalf of a corporation or association high material agent A. a partner in a partnership B. an officer of a corporation or association C. an agent of a corporation or association who has duties of such responsiblity that his conduct reasonably may be assumed to represent the policy of the corporation or association sec 7.22 criminal responsibility of corporation or association A. if conduct constituting an offense is performed by an agent acting in behalf of a corporation or association and within the scope of his office employment, the soporation or association is criminally responsibly for an offense defined: 1. in this code where corporations and associations are made subject thereto; 2. by law other than this code in which is legislative purpose to impose criminal responsiblity on corporations or associations plainly appears; or 3. by law other than this code which strict liability is imposed, unless a legislative purpose not to impose criminal responsiblity on corporations or associations plainly appears B. a corporation or association is criminally responislbe for a felony offense only it ir is commission was authorized, requested, commanded, performed, or recklessly tolerated by: 1. a majority of the governing board acting in behalf of the corporation or association; or 2. a high managerial agent acting in behlaf of the corporation or association and within the scope of his office of employment. sec 7.23 criminal responsibility or person for cundct in behlaf of corporation or association A. an indivdual is criminally responsible for conduct that he performs in the name of or in behlaf of a corporation or association to the same extent as if the conduct were performed in his own name or behalf. B. an agent having primary responsiblity for the discharge of a duty to act imposed by law on a corporation or association is criminally responsible for omission to discharge the duty to the same extent as if the duty were imposed by law directly on him C. if an indivdual is convicted of conduct constituting an offense performed in the name of or on behlaf of a corporation or association, he is subject to the sentence authorized by law for an individual conviceted of the offense sec 7.24 defense to criminal responsibility of corporation of association it is an affirmative defense to prosectution of a corporation or association under sec 7.22 1 or a2 that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission Sec. 8.01 Insanity A. it is an affirmatice defense to prosectution that, at the time of the conduct charged, the actor, as a result of severe mental diesease or defect, did not know that his conduct was wrong. B. the term mental disease or defect does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. sec 8.02 mistake of fact A. it is a defense to prosecution that the actor through mitake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense B. although an actors mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed. sec 8.03 mistake of law A. It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect. B. it is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime that he acted in reasonable reliance upon: 1. an officail statement of the law contained in a written order or grant or permission by an administrative agency charged by law with responsibility for interpreting the law in question; or 2. a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsiblity for interpreting the law in question C. although an actors mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed sec 8.04 intoxication A. voluntary intoxication does not constitute a defense to the commission of crime. B. eveidence of temporary insanity cause by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried. C. when temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section intoxication disturbance of mental or physical capacity resulting from the introduction of any substance into the body sec 8.05 duress A. it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another. B. in a prosecution for an offense that does not constitute a felony, it is an affirmatice defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force. C. compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure D. the defnse provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probably that he would be subjected to compulsion E. it is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section. sec 8.06 entrapment A. it is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. conduct merely affording a person an oppurtunity to commit an offense does not constitute entrapment B. in this section law enforcement agent includes personnel of the state and local law enforcement agencies as well as of the united states and any person acting in accor