Penal Code.

Section 1.02 states why the code exists: to set up a system of prohibitions, penalties and correctional measures for conduct that unjustifiably and inexcusably causes or threatens harm. Its objectives include insuring public safety through deterrence, rehabilitation and punishment, giving fair warning of what is prohibited, prescribing penalties proportionate to the seriousness of offenses, safeguarding conduct that is without guilt, and guiding and limiting official discretion in law enforcement to prevent arbitrary or oppressive treatment.

Section 1.03 says conduct is not an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or a rule lawfully adopted under a statute. Titles 1, 2 and 3 of the code also apply to offenses defined by other laws unless that law says otherwise. The code does not take away anyone’s right to sue in civil court over the same conduct.

Section 1.04 gives Texas jurisdiction when either the conduct or a result that is an element of the offense occurs inside this state. It also reaches conduct outside the state that is an attempt to commit an offense inside it, and an outside conspiracy when an act in furtherance of it occurs inside the state. For criminal homicide the “result” is either the physical impact causing death or the death itself, and if the body is found in Texas the death is presumed to have occurred here.

Section 1.06 sets the rule for age: a person attains a specified age on the day of the anniversary of his birthdate. When an offense depends on a victim being “younger than 17” or an actor being “17 or older”, count from the birthday itself.

Section 1.07 is the dictionary for the whole code, and its definitions apply to every grammatical variation of a term. You will use a handful of them on almost every report. Learn bodily injury, serious bodily injury and deadly weapon word for word, because they decide whether an assault is a misdemeanor or a felony.

Several definitions point elsewhere. Intentional, knowing, reckless and criminal negligence are defined in Section 6.03. “Peace officer” points to Article 2A.001 of the Code of Criminal Procedure.

The code uses three labels, and each one puts the burden in a different place. You can tell which one you are reading by its opening phrase.

An exception begins “It is an exception to the application of”. The prosecutor must negate the exception in the charging instrument and prove beyond a reasonable doubt that the defendant does not fall within it. That is why the negation of an exception is listed as an element of the offense.

A defense begins “It is a defense to prosecution”. The prosecutor does not have to negate it in the charge. It goes to the jury only if evidence is admitted supporting it, and then a reasonable doubt on the issue requires acquittal. A ground of defense that is not plainly labeled is treated as a defense.

An affirmative defense begins “It is an affirmative defense to prosecution”. The prosecutor does not have to negate it, it goes to the jury only if evidence supports it, and the defendant must prove it by a preponderance of evidence.