8. Penal Code (40 hrs.)

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8. Penal Code (40 hrs.)

• TCLEOSE LEARNING OBJECTIVES
• 07/27/04

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• Unit Goal 8.1 Understand the Introductory
  Provisions (Title 1) of the Penal Code.
• 8.1.1. Identify the organization of the Penal
  Code (PC).
• 8.1.2. Define the General Provisions of the PC.
• 8.1.3. Describe the proof required to convict a
  person of an offense.
• 8.1.4. Define terms as they relate to Multiple
  Prosecutions.

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• Unit Goal 8.2. Understand the General
  Principles of Criminal Responsibility (Title 2)
  of the Penal Code.
• 8.2.1. Determine the Culpable Mental States.
• 8.2.2. Identify when one person is Criminally
  Responsible for Conduct of Another.
• 8.2.3. Identify General Defenses to Criminal
  Responsibility.
• Unit Goal 8.3. Understand the Punishments
  (Title 3) of the Penal Code.
• 8.3.1. Classify Offenses and their Punishment.
• Unit Goal 8.4. Understand Inchoate Offenses
  (Title 4) according to the Penal Code.
• 8.4.1. Apply the elements of offenses as they
  relate to Inchoate Offenses.

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• Unit Goal 8.5. Understand Offenses Against the
  Person (Title 5) according to the Penal Code.
• 8.5.1. Apply the elements of offenses as they
  relate to Criminal Homicide.
• 8.5.2. Apply the elements of offenses as they
  relate to Kidnapping, Unlawful Restraint, and
  Trafficking of Persons.
• 8.5.3. Apply the elements of offenses as they
  relate to Sexual Offenses.
• 8.5.4. Apply the elements of offenses as they
  relate to Assaultive Offenses.
• Unit Goal 8.6. Understand Offenses Against the
  Family (Title 6) according to the Penal Code.
• 8.6.1. Apply the elements of offenses as they
  relate to Offenses Against the Family.
• Unit Goal 8.7. Understand Offenses Against
  Property (Title 7) according to the Penal Code.
• 8.7.1. Apply the elements of offenses as they
  relate to Arson, Criminal Mischief, and Other
  Property Damage or Destruction.
• 8.7.2. Apply the elements of offenses as they
  relate to Robbery.
• 8.7.3. Apply the elements of offenses as they
  relate to Burglary and Criminal Trespass.
• 8.7.4. Apply the elements of offenses as they
  relate to Theft.
• 8.7.5. Apply the elements of offenses as they
  relate to Fraud.
• 8.7.6. Identify the elements of offenses as they
  relate to Computer Crimes and Telecommunications
  Crimes.

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• Unit Goal 8.8. Understand Offenses Against
  Public Administration (Title 8) according to the
  Penal Code.
• 8.8.1. Apply the elements of offenses as they
  relate to Bribery and Corrupt Influence.
• 8.8.2. Apply the elements of offenses as they
  relate to Perjury and other Falsification.
• 8.8.3. Apply the elements of offenses as they
  relate to Obstructing Governmental Operation.
• 8.8.4. Apply the elements of offenses as they
  relate to Abuse of Office.
• Unit Goal 8.9. Understand Offenses Against
  Public Order and Decency (Title 9) according to
  the Penal Code.
• 8.9.1. Apply the elements of offenses as they
  relate to Disorderly Conduct and Related
  Offenses.
• 8.9.2. Apply the elements of offenses as they
  relate to Public Indecency.
• Unit Goal 8.10. Understand Offenses Against
  Public Health, Safety, and Morals (Title 10)
  according to the Penal Code.
• 8.10.1. Apply the elements of offenses as they
  relate to Weapons.
• 8.10.2. Apply the elements of offenses as they
  relate to Gambling.
• 8.10.3. Apply the elements of offenses as they
  relate to Conduct Affecting Public Health.
• 8.10.4. Apply the elements of offenses as they
  relate to Intoxication and Alcoholic Beverage
  Offenses.
• Unit Goal 8.11. Understand Organized Crime
  (Title 11) according to the Penal Code.
• 8.11.1. Apply the elements of offenses involving
  Organized Crime.

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Unit Goal 8.1 The student will have a basic
understanding of offenses in the
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Texas Penal Code.
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8.1.1 The student will be able to identify the
organization of the Penal Code (PC).
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Organization of the Penal Code

• Objectives of code PC 1.02
• Effect of code PC 1.03
• Territorial jurisdiction PC 1.04

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8.1.2 The student will be able to define the
General Provisions of the PC.
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General Provisions

• Computation of age PC 1.06
• Definitions - PC 1.07 (a) (1) - (49), (b)

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NOTE CCP Art. 21.15 Must allege acts of
recklessness or criminal negligence
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Whenever recklessness or criminal negligence
enters into or is a part or element of any
offense,
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or it is charged that the accused acted
recklessly or with criminal negligence in the
commission of an offense, the complaint,
information, or indictment in order to be
sufficient in any such case must allege, with
reasonable certainty, the act or acts relied upon
to constitute recklessness or criminal
negligence, and in no event shall it be
sufficient to allege merely that the accused, in
committing the offense, acted recklessly or with
criminal negligence.
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8.1.3 The student will be able to discuss the
proof required to convict a person of an offense.

• Burden of Proof PC 2.01 - 2.05

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8.1.4 Define terms as they relate to Multiple
Prosecutions.

• Multiple Prosecutions PC 3.01 - 3.04

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Unit Goal 8.2. Understand the General
Principles of Criminal Responsibility (Title 2)
of the Penal Code.
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8.2.1. Determine the Culpable Mental States.

• Requirement of voluntary act or omission PC
  6.01
• Requirement of culpability PC 6.02
• Definitions of culpable mental states PC 6.03
• Causation conduct and results PC 6.04

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8.2.2. Identify when one person is Criminally
Responsible for Conduct of Another.
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Criminal responsibility

• Parties to offenses PC 7.01
• Criminal responsibility for conduct of another PC
  7.02
• Defenses excluded PC 7.03

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8.2.3. Identify General Defenses to Criminal
Responsibility.

• General Defenses to Criminal Responsibility PC
  8.01 - 8.07

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Unit Goal 8.3. Understand the Punishments
(Title 3) of the Penal Code.
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8.3.1. Classify Offenses and their Punishment.
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Offense and punishment classification

• Classification of offenses PC 12.02
• Classification of misdemeanors PC 12.03
• Classification of felonies PC 12.04
• Ordinary misdemeanor punishments PC 12.21 - 12.23
• Ordinary felony punishments PC 12.31-12.35
• Exceptional sentences PC 12.41 - 12.49

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Unit Goal 8.4. Understand Inchoate Offenses
(Title 4) according to the Penal Code.
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8.4.1. Apply the elements of offenses as they
relate to Inchoate Offenses.
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Elements of Inchoate Offenses

• Preparatory Offenses PC 15.01 - 15.05
• Criminal Instruments, Interception of Wire or
  Oral Communication, and Installation of Tracking
  Device PC 16.01 - 16.06

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Unit Goal 8.5. Understand Offenses Against the
Person (Title 5) according to the Penal Code.
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8.5.1. Apply the elements of offenses as they
relate to Criminal Homicide.

• Criminal Homicide PC 19.01 - 19.05

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8.5.2. Apply the elements of offenses as they
relate to Kidnapping, Unlawful Restraint, and
Trafficking of Persons.

• Kidnapping and Unlawful Restraint - PC 20.01
  20.05
• Trafficking of Persons - PC 20A.01 20A.02

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8.5.3. Apply the elements of offenses as they
relate to Sexual Offenses.

• Sexual Offenses - PC 21.01, 21.06 21.08, 21.11,
  21.12, 21.15

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8.5.4. Apply the elements of offenses as they
relate to Assaultive Offenses.

• Assaultive Offenses - PC 22.01 - 22.12

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Unit Goal 8.6. Understand Offenses Against the
Family (Title 6) according to the Penal Code.
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8.6.1. Apply the elements of offenses as they
relate to Offenses Against the Family.

• Offenses Against the Family - PC 25.01 - 25.10

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Unit Goal 8.7. Understand Offenses Against
Property (Title 7) according to the Penal Code.
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8.7.1. Apply the elements of offenses as they
relate to Arson, Criminal Mischief, and Other
Property Damage or Destruction.

• Arson, Criminal Mischief and Other Property
  Damage or Destruction - PC 28.01 - 28.08

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8.7.2. Apply the elements of offenses as they
relate to Robbery.

• Robbery PC 29.01 - 29.03

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8.7.3. Apply the elements of offenses as they
relate to Burglary and Criminal Trespass.

• Burglary and Criminal Trespass PC 30.01 - 30.06

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8.7.4. Apply the elements of offenses as they
relate to Theft.

• Theft PC 31.01 - 31.15

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8.7.5. Apply the elements of offenses as they
relate to Fraud.

• Fraud PC 32.01 - 32.51

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NOTE Instructor should discuss importance of PC
32.03, 32.42, 32.46, 32.48 and 32.49.
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8.7.6. Identify the elements of offenses as they
relate to Computer Crimes and Telecommunications
Crimes.

• Computer Crimes - PC 33.01 33.04
• Telecommunications Crimes - PC 33A.01 33A.06

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NOTE Recommend review of Chapter 33 of the Penal
Code, especially computer crime and
telecommunications fraud. Contact the Office of
the Attorney General, Consumer Protection
Division (512-463-2185) for additional resource
material.
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Unit Goal 8.8. Understand Offenses Against
Public Administration (Title 8) according to the
Penal Code.
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8.8.1. Apply the elements of offenses as they
relate to Bribery and Corrupt Influence.

• Bribery and Corrupt Influence PC 36.01 - 36.10

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8.8.2. Apply the elements of offenses as they
relate to Perjury and other Falsification.

• Perjury and other Falsification PC 37.01 - 37.13

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8.8.3. Apply the elements of offenses as they
relate to Obstructing Governmental Operation.

• Obstructing Governmental Operation PC 38.01 -
  38.19

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8.8.4. Apply the elements of offenses as they
relate to Abuse of Office.

• Abuse of Office PC 39.01 - 39.06

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Unit Goal 8.9. Understand Offenses Against
Public Order and Decency (Title 9) according to
the Penal Code.
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8.9.1. Apply the elements of offenses as they
relate to Disorderly Conduct and Related Offenses.

• Disorderly Conduct and Related Offenses PC 42 .01
  - 42.13

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8.9.2. Apply the elements of offenses as they
relate to Public Indecency.

• Subchapter A. Prostitution - PC 43.01 43.06
• Subchapter B. Obscenity - PC 43.21 43.27

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Unit Goal 8.10. Understand Offenses Against
Public Health, Safety, and Morals (Title 10)
according to the Penal Code.
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8.10.1. Apply the elements of offenses as they
relate to Weapons.

• Weapons PC 46.01 - 46.15

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8.10.2. Apply the elements of offenses as they
relate to Gambling.

• Gambling PC 47.01 - 47.10

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8.10.3. Apply the elements of offenses as they
relate to Conduct Affecting Public Health.

• Conduct Affecting Public Health PC 48.01 - 48.02

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8.10.4. Apply the elements of offenses as they
relate to Intoxication and Alcoholic Beverage
Offenses.

• Intoxication and Alcoholic Beverage Offenses PC
  49.01 - 49.12

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Unit Goal 8.11. Understand Organized Crime
(Title 11) according to the Penal Code.
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8.11.1. Apply the elements of offenses involving
Organized Crime.

• Organized Crime PC 71.01 - 71.05

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"There's an important difference between giving
up and letting go."    - Jessica Hatchigan