Offenses against property

• Author: Elizabeth Berry/George Gallagher
• Pages: 467-656

OFFENSES

AGAINST PROPERTY

8-1

CHAPTER 8

OFFENSES AGAINST PROPERTY

I. ARSON, CRIMINAL MISCHIEF, & OTHER PROPERTY DAMAGE OR DESTRUCTION

A. Arson

1. Law

§8:10 Injury or Death

§8:20 Merger Doctrine

§8:30 Culpability for Arson Resulting in Murder

§8:40 Corporate Ownership

§8:50 Corpus Delicti

§8:60 Attempted Arson

§8:70 Evidence Required in Arson Cases

§8:80 Ownership

2. Forms

§8:90 Arson

§8:100 Arson

§8:110 Arson

§8:120 Practice Notes

B. Criminal Mischief

1. Law

§8:130 Value of Loss

§8:140 County of Loss

§8:150 Damaged or Destroyed Property

§8:160 Replacement Value

§8:170 Charging Instruments

§8:180 Quick-Reference Chart: Criminal Mischief Punishments (On or After 9/1/21)

§8:190 Quick-Reference Chart: Criminal Mischief Punishments (9/1/17-8/31/21)

§8:200 Quick-Reference Chart: Criminal Mischief Punishments (9/1/09-8/31/17)

§8:210 Quick-Reference Chart: Criminal Mischief Punishments (before 9/1/09)

2. Forms

§8:220 Criminal Mischief

§8:230 Criminal Mischief (Public Services)

§8:240 Criminal Mischief (Public Water)

§8:250 Criminal Mischief (Habitation)

§8:260 Criminal Mischief (Transportation Communications)

§8:270 Reckless Damage or Destruction

§8:280 Interference with Railroad Property

§8:290 Interference with Railroad Property

§8:300 Interference with Railroad Property

§8:310 Quick-Reference Chart: Graff‌iti Punishments (On or After 9/1/09)

OFFENSES

AGAINST PROPERTY

Texas Criminal Jury Charges 8-2

§8:320 Graff‌iti (On or After 9/1/09)

§8:330 Quick-Reference Chart: Graff‌iti Punishments (Before 9/1/09)

§8:340 Graff‌iti (Before 9/1/09)

II. ROBBERY

A. Law

§8:350 Culpability Requirement

§8:360 Indictment Limits Jury Instructions

§8:370 Allegations Not Supported by the Evidence

§8:380 “While in the Course of Committing Theft”

§8:390 Threats

§8:400 Double Jeopardy

§8:410 Property Need Not Be Taken

B. Forms

§8:420 Robbery (Bodily Injury)

§8:430 Robbery (Threats)

III. AGGRAVATED ROBBERY

A. Law

§8:440 Application Paragraph

§8:450 Serious Bodily Injury

§8:460 Using or Exhibiting a Deadly Weapon

§8:470 Aff‌irmative Finding

§8:480 “Reckless” and Lesser-Included Offenses

§8:490 Lesser Offense of Theft

B. Forms

§8:500 Aggravated Robbery — (Serious Bodily Injury)

§8:510 Aggravated Robbery — (Deadly Weapon)

§8:520 Aggravated Robbery — (Elderly or Disabled Person)

IV. BURGLARY

A. Law

§8:530 Entry

§8:540 Lesser Offenses

§8:550 Lesser-Included Offense of Criminal Trespass

§8:560 Buildings

§8:570 Enclosed

§8:580 Owner

§8:590 Corporate Ownership

§8:600 Culpability

§8:610 Parties

§8:620 Habitation

§8:630 Occupancy

§8:640 Open to the Public

§8:650 Deadly Weapon

§8:660 Charging Instruments

§8:670 Quick-Reference Chart: Lesser-Included Offenses / Habitation vs. Building

B. Forms

§8:680 Burglary (Entry with Intent)

§8:690 Burglary (Remains Concealed)

§8:700 Burglary (Entry and Commits)

§8:710 Burglary (Entry and Commits) (On or After 9/1/17)

§8:720 Burglary of Coin-Operated or Coin Collection Machines

§8:730 Burglary of a Vehicle (On or After 9/1/17)

OFFENSES

AGAINST PROPERTY

8-3 Offenses Against Property

§8:740 Burglary of a Vehicle (On or Before 8/31/17)

§8:750 Enhanced Burglary of Vehicle — Limiting Instruction — Jurisdictional Priors

V. CRIMINAL TRESPASS

A. Law

§8:760 Culpability

§8:770 Lesser-Included Offenses

§8:780 Notice

§8:790 “Off Limits” Areas

§8:800 Owner

B. Forms

§8:810 Criminal Trespass (Enters or Remains on Property or in Building) (On or After

9/1/21)

§8:820 Criminal Trespass (Enters or Remains on Property or in Building) (On or After

9/1/17-8/31/21)

§8:830 Criminal Trespass (Enters or Remains on Agricultural Property)

§8:840 Criminal Trespass (Additional Defenses) (On or After 9/1/19)

§8:850 Trespass by License Holder with a Concealed Handgun, P.C. §30.06(e)(2)

(Additional Defenses) (On or After 9/1/19)

§8:860 Practice Notes

§8:870 Defenses to Criminal Trespass under PC 30.06

§8:870.10 Trespass by License Holder with a Concealed Handgun (Additional Defense)

§8:870.20 Trespass by License Holder with a Concealed Handgun (Additional Defense)

§8:870.30 Trespass by License Holder with a Concealed Handgun (Additional Defense)

§8:870.40 Trespass by License Holder with a Concealed Handgun (Additional Defense)

§8:870.50 Trespass by License Holder with a Concealed Handgun (Additional Defense)

§8:870.60 Trespass by License Holder with a Concealed Handgun (Additional Defense)

§8:880 Trespass by License Holder with an Openly Carried Handgun, P.C. §30.07

§8:890 Trespass by License Holder with an Openly Carried Handgun, P.C. §30.07

§8:900 Defenses to Criminal Trespass under PC 30.07

§8:900.10 Trespass by License Holder with an Openly Carried Handgun (Additional Defense)

§8:900.20 Trespass by License Holder with an Openly Carried Handgun

(Additional Defense)

§8:900.30 Trespass by License Holder with an Openly Carried Handgun

(Additional Defense)

§8:900.40 Trespass by License Holder with an Openly Carried Handgun

(Additional Defense)

§8:900.50 Trespass by License Holder with an Openly Carried Handgun

(Additional Defense)

§8:900.70 Trespass by License Holder with an Openly Carried Handgun

(Additional Defense)

VI. THEFT

A. Law

§8:910 Deprive

§8:920 Coercion

§8:930 Deception

§8:940 Theft of Service by Deception

§8:950 Theft or Attempted Theft

§8:960 Intent to Deprive

§8:970 Theft by Receiving — Corroboration

§8:980 Specif‌ic Method of Appropriation Alleged

§8:990 Explanation as to Recent Possession of Property

§8:1000 Presumptions as to Second-Hand Property