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Penal Code: Chapter 1 General Provisions: Definitions (9) Coercion- means…
Penal Code: Chapter 1 General Provisions: Definitions
1) Act
means a bodily movement, whether voluntary
or involuntary, and includes speech.
2) Actor
A person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "actor"
3) Agency
includes, authority, board, bureau, commission, committee, council, department, district, division, and office
5) Another
a person other than the actor
6) Assoctiation
a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest
7) Benifit
anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested
8) Bodily Injury
physical pain, illness, or any impairment of physical condition
8-a) Civil Commitment Facility
a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators
9) Coercion- means a threat, however communicated:
A) to commit an offense:
B) To inflict bodily injury in the future on the person threatened or another;
D) To expose a person to hatred contempt, or ridicule;
C) To accuse a person of any offense;
E) To harm the credit or business repute of any person; OR
F) To take or withhold action as a public servant, or to cause a public servant to take or withhold action
10) Conduct
an act or omission and its accompanying mental state
11) Consent
Assent in fact, whether express or apparent
13) Corporation
Includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies
14) Correctional Facility
a place designated by a law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:
A) A municipal or county jail:
B) a confinement facility operated by the Texas Department of Criminal Justice;
C) A confinement facility operated under contract with any division of the Texas Department of Criminal Justice;
D) a community corrections facility operated by a community supervision and corrections department
22) Element of offense
B) The required culpability
A) The forbidden conduct
C) Any required result; AND
D) The negation of any exception to the offense
20) Electric generating plane
A facility that generates electric energy for distribution to the public
17) Deadly Weapon
A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
B) anything that in the manner or its use or intended use is capable of causing death or serious bodily injury
21) Electric Utility Station
A facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public
19) Effective consent
includes consent by a person legally authorized to act for the owner. Consent is not effective if:
B) Given by a person the actor knows is not legally authorized to act for the owner
C) Given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; OR
A) induced by force, threat, or fraud;
D) Given solely to detect the commission of an offense.
23) Felony
an offense so designated by law or punishable by death or confinement in a penitentiary
25) Harm
Anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose the person affected is interested
24) Government
A) The State
B) A county, municipality, or political subdivision of the state; OR
C) Any branch or agency of the state, a county, municipality, or political subdivision
39) Possession
Actual care, custody, control, or managment
46-a) Sight Order
A written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay.
The term includes a check, an electronic debit, or an automatic bank draft
26) Individual
A human being who is alive, including an unborn child at every stage of gestation from fertilization until birth
31) Misdemeanor
An offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail
35) Owner
A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; OR
B) is a holder in due course of a negotiable instrument
48) Unlawful
Criminal or tortuous or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege
41) Public Servant
A person elected, selected, appointed, employed, or otherwise designated as one of the following even if he has not yet qualified for the office or assumed his duties
C) An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; OR
D) An attorney at law or notary public when participating in the performance of a governmental function; OR
B) A juror or grand jury; OR
E) A candidate for nomination or election to public office; OR
A) an officer, employee, or agent of government;
F) A person who is performing a governmental function under a claim of right although he is not legally qualified to do so.
37) Penal Institution
A place designated by law for confinement of persons arrested for, charged with , or convicted of an offense
45) Secure Correctional Facility
A) A municipal or county jail; OR
B) A confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice
33) Official Proceeding
Any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant
47) Swear
Includes affirm
30) Law
The constitution or statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by a lawfully adopted under a statute
49) Death
Includes, for an individual who is an unborn child, the failure to be born alive
40) Public Place
Any place to which the public or a substantial group has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops
38) Person
An individual, corporation, or association
36) Peace Officer
A person elected, employed, or appointed as a peace officer
42) Reasonable Belief
A belief that would be held by an ordinary and prudent man in the same circumstances as the actor
44) Rule
Includes regulation
34) Omission
Failure to act
46) Serious Bodily Injury
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
32) Oath
includes affirmation