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Texas Laws | Penal Code
PENAL CODE
TITLE 4. INCHOATE OFFENSES

Amended by: (1051)

Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.04, eff. January 1, 2019. (1052)

Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE. (1053)(Text)

(a) In this section: (1054)

(1) "Electronic or mechanical tracking device" means a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object. (1055)

(2) "Motor vehicle" has the meaning assigned by Section 501.002, Transportation Code. (1056)

(b) A person commits an offense if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person. (1057)

(c) An offense under this section is a Class A misdemeanor. (1058)

(d) It is an affirmative defense to prosecution under this section that the person: (1059)

(1) obtained the effective consent of the owner or lessee of the motor vehicle before the electronic or mechanical tracking device was installed; (1060)

(2) assisted another whom the person reasonably believed to be a peace officer authorized to install the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency; or (1061)

(3) was a private investigator licensed under Chapter 1702, Occupations Code, who installed the device: (1062)

(A) with written consent: (1063)

(i) to install the device given by the owner or lessee of the motor vehicle; and (1064)

(ii) to enter private residential property, if that entry was necessary to install the device, given by the owner or lessee of the property; or (1065)

(B) pursuant to an order of or other authorization from a court to gather information. (1066)

(e) This section does not apply to a peace officer who installed the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency. (1067)

Added by Acts 1999, 76th Leg., ch. 728, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.828, eff. Sept. 1, 2001. (1068)

Amended by: (1069)

Acts 2009, 81st Leg., R.S., Ch. 1122 (H.B. 1659), Sec. 1, eff. September 1, 2009. (1070)

TITLE 5. OFFENSES AGAINST THE PERSON (1071)(Text)

CHAPTER 19. CRIMINAL HOMICIDE (1072)(Text)

Sec. 19.01. TYPES OF CRIMINAL HOMICIDE. (1073)(Text)

(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual. (1074)

(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide. (1075)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1076)

Sec. 19.02. MURDER. (1077)(Text)

(a) In this section: (1078)

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection. (1079)

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. (1080)

(b) A person commits an offense if he: (1081)

(1) intentionally or knowingly causes the death of an individual; (1082)

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or (1083)

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual. (1084)

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree. (1085)

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. (1086)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (1087)

Sec. 19.03. CAPITAL MURDER. (1088)(Text)

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and: (1089)

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; (1090)

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6); (1091)

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