Crime= an act against the public good

 Major crime punishable by imprisonment or death  Ex: Murder, manslaughter, burglary, robbery, and arson

 3 rd Degree:  2-10 years  $10,000 fine  2 nd Degree:  2-20 years  $10,000 fine  1 st Degree:  5-99 years  $10,000 fine  Capital:  Death  Life without Parole 3 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

 Aggravated perjury  Bail jumping of a felony arrest  Deadly conduct with a firearm  Escape from felony custody  Indecent exposure to a child  Intoxication assault  Possession of a firearm by a felon  Retaliation  Stalking  DWI (third offense)  Tampering with evidence  Violation of protective order (third offense)

 Aggravated assault  Arson  Bigamy  Bribery  Evading arrest (and death of another occurs)  Improper relationship between educator and student  Indecent contact with a child  Intoxication manslaughter  Manslaughter  Online solicitation of a minor under fourteen  Possession of fifty to 2000 pounds of marijuana  Robbery  Sexual assault  Stalking—second offense  Trafficking of persons

 Aggravated assault of public servant  Aggravated kidnapping  Aggravated robbery  Aggravated sexual assault  Attempted capital murder  Arson of habitation  Burglary of a habitation with intent to commit or commission of a felony  Causing serious bodily injury to child, senior citizen, or disabled person  Escape from custody (if serious bodily injury occurs)  Murder  Solicitation of capital murder  Trafficking of persons under the age of fourteen

 Committing murder of a public safety officer or firefighter in the line of duty;  murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson);  multiple murders;  murder during a prison escape;  murder of a correctional officer;  murder of a judge;  murder by a state prison inmate who is serving a life sentence for any of five offenses;  murder of an individual under six years of age; 7

 Penalized by a fine or brief imprisonment  Less severe than a Felony  EX: Driving without a license, lying about age to buy alcohol, hit and run, traffic and parking violations

 Class C Misdemeanor  Fine up to $500  Cannot be arrested  Class B Misdemeanor  Up to 180 days in jail  $2,000 fine  Class A Misdemeanor  Up to 2 years in jail  $4,000 fine 9

 Assault by threat  Disorderly conduct  Gambling  Issuance of bad check  Leaving child in a vehicle  Minor in possession of alcohol  Possession of alcoholic beverage in motor vehicle  Public intoxication  Use of Laser pointers

 Criminal Trespass  DWI  False report to police officer  Fraudulent degree  Harassment  Indecent exposure  Possession of 2 ounces or less of marijuana  Prostitution  Riot  Silent Calls to 911  Terroristic threat

 Assault with bodily injury  Burglary of coin operated machine  Burglary of a vehicle  Cruelty to animals  DWI (2nd offense)  Evading arrest on foot  Interference with 911 call  Obscenity  Perjury  Possession of two to four ounces of marijuana  Promoting gambling  Resisting arrest  Stealing check  Unlawfully carrying a weapon

 Each state has inherent police power, allowing it to make statutes to protect the public health, safety, welfare, and morals.

 No police power  They do have enforcement agencies such as the FBI and the DEA.  The federal government’s power to establish these agencies comes form the commerce clause.  The commerce clause-requires the federal government to regulate commerce among states.

 Treason is defined in the constitution.  What is treason?

 A crime is defined by two elements:  The criminal act  Required state of mind

 Must involve voluntary conduct.

 The required mental state is intent to commit a crime.  Ex: 1 st degree murder vs. involuntary manslaughter  In the first instance there was intent to commit the crime in the second it was an accident. Both took a life, but the state of mind was different thus different punishments.

 Motive plays no part in proving criminal liability. If a person has committed a crime with the required state of mind, then he or she is liable regardless of motive.

 Insanity  Entrapment  Self-Defense  Defense of Family Members

 Crimes against People  Murder –first degree and second degree  Manslaughter - voluntary and involuntary  Kidnapping  Sex Offenses  Domestic Violence  Hate Crimes  Assault and battery ▪ Assault is the attempt to commit a battery ▪ Battery is the forceful use of an object against another person.

Manslaughter: Involuntary  Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as DUI). The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended.  For example, Dan comes home to find his wife in bed with Victor. Distraught, Dan heads to a local bar to drown his sorrows. After having five drinks, Dan jumps into his car and drives down the street at twice the posted speed limit, accidentally hitting and killing a pedestrian.

Manslaughter: Voluntary  Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder.  For example, Dan comes home to find his wife in bed with Victor. In the heat of the moment, Dan picks up a golf club from next to the bed and strikes Victor in the head, killing him instantly.

Murder: Second degree  Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first- degree murder and voluntary manslaughter.  For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

 Murder: First Degree  In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.  For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him.  Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary, kidnapping, rape, and robbery.  For example, Dan and Connie rob Victor's liquor store, but as they are fleeing, Victor shoots and kills Dan. Under the felony murder rule, Connie can be charged with first-degree murder for Dan's death.

 Burglary – B&E of a dwelling house at night with the intent to commit the felony  Larceny – legal term for stealing.  Embezzlement – taking of another’s property by a person who has been entrusted with that property.  Robbery – Taking property with the use of violence or threats  Arson – willful and malicious burning of a dwelling or building  Vandalism – willful or malicious damage to property  Shoplifting – stealing goods from a store (a form of larceny)

 Prostitution  Possession of child pornography  Gambling  Driving while intoxicated  Engaging in organized crime 27

 Public intoxication  Disorderly conduct  Riot  Harassment or stalking 28

 Drag racing – two vehicles side by side racing  Joyriding – someone temporarily takes a motor vehicle without the owner’s permmission.

 Drugs – Selling warrants a more sever punishment than possession or using.  Alcohol – most common used drug in the U.S.  contribution to a minor  MIP  MIC  DWI  DUI