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Former Prosecutors Houston Criminal Defense Attorneys
Houston Attorney Texas Bar College

Texas Former Prosecutors

Houston Board Certified Criminal Defense Attorney

Texas Penal Code Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES

Board Certified Criminal Defense Attorney Brian Foley provides commentary on the Texas Penal Code, Criminal Law, and Evidence.

Texas Penal Code  Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES

Sec. 6.03 of the Texas law provides definitions for different culpable mental states. These mental states determine a person's intention and awareness regarding their conduct or the results of their conduct. The law defines four culpable mental states: intentional, knowing, reckless, and criminal negligence.

According to the law:

Intentional: A person acts intentionally or with intent when it is their conscious objective or desire to engage in the conduct or cause a specific result.

Knowing: A person acts knowingly or with knowledge when they are aware of the nature of their conduct or the circumstances surrounding their conduct. They also act knowingly when they are aware that their conduct is reasonably certain to cause a particular result.

Reckless: A person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk associated with the circumstances or the result of their conduct. The risk must be of a nature and degree that disregarding it represents a gross deviation from the standard of care an ordinary person would exercise in similar circumstances.

Criminal Negligence: A person acts with criminal negligence when they should be aware of a substantial and unjustifiable risk associated with the circumstances or the result of their conduct. The risk must be of a nature and degree that failing to perceive it represents a gross deviation from the standard of care an ordinary person would exercise in similar circumstances.

These definitions help determine the mental state of an individual involved in a criminal offense. Different offenses may require different culpable mental states for prosecution, and these definitions provide clarity on how each mental state is understood.

Sec. 6.03 of the Texas law establishes the meanings of intentional, knowing, reckless, and criminal negligence, which are crucial for determining criminal responsibility and appropriate charges in the state's legal system.

Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the
circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its
disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial
and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

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