Offenses against person

• Author: Elizabeth Berry/George Gallagher
• Pages: 247-418

OFFENSES AGAINST

THE PERSON

6-1

CHAPTER 6

OFFENSES AGAINST THE PERSON

I. QUICK REFERENCE CHART

II. CRIMINAL HOMICIDE

A. Law — In General

1. Murder

§6:10 Object Unknown to the Grand Jury

§6:20 Felony Murder

§6:30 Multiple Theories of Murder

§6:40 Result-Oriented Offense

a. Defenses

§6:50 Sudden Passion (P.C. §19.02(d))

§6:60 How Is Sudden Passion Raised?

§6:70 Voluntar y Action and Culpability

§6:80 Accident Instruction Does Not Suff‌ice as Instruction on Negligent Homicide

§6:90 Accident

§6:100 No Intent to Kill

§6:115 Mistake of Fact

§6:120 No Justif‌ication for Carrying Gun

§6:130 Physical Characteristics of Victim

§6:140 Elements of Provoking the Diff‌iculty Charge

b. Lessers

§6:150 Manslaughter and Self-Defense Issues Can Be Consistent

§6:160 Aggravated Assault as Lesser Offense

§6:170 Criminally Negligent Homicide as Lesser Offense

§6:180 Negligent Homicide as a Lesser Offense of Murder

§6:190 Provocation and Intent to Commit Assault

§6:200 Conspiracy to Commit Murder Not a Lesser

B. Law — Capital Murder

1. Trial Issues

§6:210 Unlawful Arrest

§6:220 Multiple Defendants

§6:230 Accomplice Testimony

§6:240 Mens Rea

§6:250 “In the Course of Committing Robbery”

§6:260 Multiple Counts and General Verdicts

§6:270 Knowledge of Police Off‌icer

§6:280 Remuneration

§6:290 Party Liability in Penalty Phase

OFFENSES AGAINST

THE PERSON

Texas Criminal Jury Charges 6-2

§6:300 Anti-Parties Charge

§6:310 Capital Murder — Parole Instruction

§6:320 Capital Murder — Child Under Six

§6:330 Capital Murder — Retaliation

§6:340 Capital Murder — Elements of Aggravating Felony

§6:350 Execution of Intellectually Disabled Persons

2. Defenses

§6:360 Self-Defense

3. Lesser-Included Of fenses

§6:370 Lesser-Included Offenses

§6:380 Court Not Required to Sua Sponte Charge on Lesser-Included Offense

4. Death Penalty Punishment

§6:390 Punishment and Parties

a. Special Issue 1: Continuing Threat and Future Acts of Violence

b. Special Issue 2: Parties

§6:400 Party Liability in Penalty Phase

§6:410 Anti-Parties Charge

c. Special Issue 3: Mitigation/Consideration of Life

§6:420 Burden of Proof

§6:430 Evidence Within Reach of Sentencer

C. Forms

1. Murder

§6:440 Voluntary Action

§6:450 Murder (Intentionally or Knowingly Causing Death)

§6:460 Murder — (Commits Act Clearly Dangerous and Causes Death)

§6:470 Practice Notes

§6:480 Murder — (Commits Felony and Commits Act Clearly Dangerous and Causes Death)

(Felony Murder)

2. Capital Murder

§6:490 Capital Murder — Murder of Peace Off‌icer or Fireman

§6:500 Capital Murder — Murder + Kidnapping, Burglary, Robbery, Aggravated Sexual

Assault, Arson, Obstruction or Retaliation, or Terroristic Threat

§6:510 Capital Murder — Murder + Remuneration, Promise of Remuneration, Employs

Another for Remuneration or Promise of Remuneration

§6:520 Capital Murder — Murder + Escaping or Attempting to Escape From Penal Institution

§6:530 Capital Murder — Murder + Employee of a Penal Institution or for a Combination

§6:540 Capital Murder — Murder + While Incarcerated for Capital Murder or Murder;

Serving Life Sentence for Aggravated Kidnapping, Aggravated Sexual Assault, or

Aggravated Robbery

§6:550 Capital Murder — Murder of Two or More People During the Same Criminal

Transaction or Pursuant to the Same Scheme or Course of Conduct

§6:560 Capital Murder — Murder of Child Under Ten Years of Age (On or After 9/1/11)

§6:570 Capital Murder — Murder of Child Under Six Years of Age (Before 9/1/11)

§6:580 Capital Murder — Murder of Child Ten Years of Age or Older but Less than Fifteen

Years of Age (On or After 9/1/19)

3. Manslaughter

§6:590 Manslaughter — Recklessness Causing Death

4. Criminally Negligent Homicide

§6:600 Criminally Negligent Homicide

OFFENSES AGAINST

THE PERSON

6-3 Offenses Against the Person

III. UNLAWFUL RESTRAINT AND KIDNAPPING

A. Unlawful Restraint

1. Forms

§6:610 Unlawful Restraint (On or After 09/01/17)

§6:620 Unlawful Restraint (Before 08/31/17)

§6:630 Defenses Under This Section

B. Kidnapping

1. Law

§6:640 Statutory Kidnapping Safe Place Defense

§6:650 Indictments

§6:660 Def‌initions

§6:670 Abduction Must Be Alleged

§6:680 Not Likely to Be Found

§6:690 Venue

§6:700 Lawful Control Defense

2. Forms

§6:710 Kidnapping

§6:720 Defense Under This Section — Penal Code §20.03(b)

C. Aggravated Kidnapping

1. Law

§6:730 Voluntarily

§6:740 Requirements for Indictment

2. Forms

§6:750 Aggravated Kidnapping — (Abduct and Ransom or Reward; Shield or Hostage;

During a Felony; Injure or Sexually Abuse; Terrorize; or Interfere With Political or

Governmental Function)

§6:760 Aggravated Kidnapping — Deadly Weapon

§6:770 Aggravated Kidnapping — Punishment Charge — (Victim Voluntarily Released in a

Safe Place) (Not Available for Offenses Committed On or After 9/1/07)

D. Unlawful Transport

§6:780 Smuggling of Persons (On or After 9/1/15)

§6:790 Smuggling of Persons (On or After 9/1/15)

§6:800 Smuggling of Persons (On or After 9/1/21)

§6:810 Unlawful Transpor t (Before 9/1/11)

§6:820 Continuous Smuggling of Persons

§6:830 Operation of Stash House

E. Traff‌icking of Persons

§6:840 Traff‌icking of Persons — P.C. §20A.02(a)(1) (Offenses On or Af ter 9/1/11)

§6:850 Traff‌icking of Persons — P.C. §20A.02(a)(2) (Offenses On or Af ter 9/1/11)

§6:860 Traff‌icking of Persons (Offenses On or Af ter 9/1/19)

§6:870 Traff‌icking of Persons — P.C. §20A.02(a)(3) (9/1/17-8/31/19)

§6:880 Traff‌icking of Persons — P.C. §20A.02(a)(3) (9/1/11-8/31/17)

§6:890 Traff‌icking of Persons — P.C. §20A.02(a)(4) (On or After 9/1/11)

§6:900 Traff‌icking of Persons — P.C. §20A.02(a)(5) (On or After 9/1/11)

§6:910 Traff‌icking of Persons — P.C. §20A.02(a)(6) (On or After 9/1/11)

§6:915 Traff‌icking of Persons — P.C. §20A.02(a)(7) (On or After 9/1/21)

§6:920 Traff‌icking of Persons P.C. §20A.02(a)(7) (Offenses On or After 9/1/19-8/31/21)

§6:930 Traff‌icking of Persons — P.C. §20A.02(a)(7) (On or After 9/1/11)

§6:940 Traff‌icking of Persons — P.C. §20A.02(a)(8) (On or After 9/1/11)

§6:950 Traff‌icking of Persons (9/1/09-8/31/11)

§6:960 Traff‌icking of Persons (9/1/07-8/31/09)

§6:970 Traff‌icking of Persons (Before 9/1/07)

§6:980 Continuous Traff‌icking of Persons — P.C. §20A.032