The Texas Penal Code is a body of criminal law that sets out the rules and penalties for various types of criminal conduct in the state of Texas. One important aspect of the Penal Code is the definitions of key terms used throughout the statute, which help to ensure that the law is clear and consistent. Here we focus on several key definitions from Section 1.07, including "bodily injury," "deadly weapon," "possession," and "serious bodily injury."
"Bodily injury" is defined in Section 1.07(8) as "physical pain, illness, or any impairment of physical condition." This is important in the context of crimes like assault and domestic violence. To be charged with assault causing bodily injury, a person must have caused physical pain, illness, or some other impairment of physical condition to another person.
"Deadly weapon" is defined in Section 1.07(17) as either (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. This is important because it helps determine whether a particular object can be considered a weapon for the purposes of criminal charges. For example, a broken bottle used to attack another person may be considered a deadly weapon.
"Possession" is defined in Section 1.07(39) as "actual care, custody, control, or management." This is important in the context of drug possession and possession of firearms — to be charged, a person must have had actual care, custody, control, or management of the item.
"Serious bodily injury" is defined in Section 1.07(46) as "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ." This is important in the context of assault and aggravated assault.
Sec. 1.07. DEFINITIONS
In this code:
- (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech.
- (5) "Another" means a person other than the actor.
- (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
- (9) "Coercion" means a threat, however communicated, to commit an offense; to inflict bodily injury in the future; to accuse a person of any offense; to expose a person to hatred, contempt, or ridicule; to harm the credit or business repute of any person; or to take or withhold action as a public servant.
- (10) "Conduct" means an act or omission and its accompanying mental state.
- (11) "Consent" means assent in fact, whether express or apparent.
- (17) "Deadly weapon" means (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
- (19) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if induced by force, threat, or fraud; given by a person not legally authorized; given by a person unable to make reasonable decisions by reason of youth, mental disease or defect, or intoxication; or given solely to detect the commission of an offense.
- (22) "Element of offense" means the forbidden conduct, the required culpability, any required result, and the negation of any exception to the offense.
- (23) "Felony" means an offense so designated by law or punishable by death or confinement in a penitentiary.
- (31) "Misdemeanor" means an offense so designated by law or punishable by fine, by confinement in jail, or by both.
- (34) "Omission" means failure to act.
- (35) "Owner" means a person who has title to the property, possession of the property (whether lawful or not), or a greater right to possession of the property than the actor; or is a holder in due course of a negotiable instrument.
- (38) "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.
- (39) "Possession" means actual care, custody, control, or management.
- (40) "Public place" means any place to which the public or a substantial group of the public has access, including streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
- (41) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as an officer, employee, or agent of government; a juror or grand juror; an arbitrator or referee; an attorney at law or notary public performing a governmental function; a candidate for public office; or a person performing a governmental function under a claim of right.
- (42) "Reasonable belief" means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
- (46) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
- (48) "Unlawful" means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
The definition of a term in this code applies to each grammatical variation of the term.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974, and amended numerous times through 2019.