reglab/housing_qa huggingface dataset:
TX Penal Code § 8.02 (2021)
2021 Texas Statutes|Penal Code|Title 2 - General Principles of Criminal Responsibility|Chapter 8 - General Defenses to Criminal Responsibility|Section 8.02. Mistake of Fact

Sec. 8.02.  MISTAKE OF FACT.  (a)  It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.(b)  Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.|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.|
TX Penal Code § 8.03 (2021)
2021 Texas Statutes|Penal Code|Title 2 - General Principles of Criminal Responsibility|Chapter 8 - General Defenses to Criminal Responsibility|Section 8.03. Mistake of Law

Sec. 8.03.  MISTAKE OF LAW.  (a)  It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.(b)  It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:(1)  an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question;  or(2)  a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.(c)  Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.|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.|
TX Penal Code § 8.04 (2021)
2021 Texas Statutes|Penal Code|Title 2 - General Principles of Criminal Responsibility|Chapter 8 - General Defenses to Criminal Responsibility|Section 8.04. Intoxication

Sec. 8.04.  INTOXICATION.  (a)  Voluntary intoxication does not constitute a defense to the commission of crime.(b)  Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.(c)  When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.(d)  For purposes of this section "intoxication" means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.|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.|
TX Penal Code § 8.05 (2021)
2021 Texas Statutes|Penal Code|Title 2 - General Principles of Criminal Responsibility|Chapter 8 - General Defenses to Criminal Responsibility|Section 8.05. Duress

Sec. 8.05.  DURESS.  (a)  It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.(b)  In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.(c)  Compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure.(d)  The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.(e)  It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.|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.|
TX Penal Code § 8.06 (2021)
2021 Texas Statutes|Penal Code|Title 2 - General Principles of Criminal Responsibility|Chapter 8 - General Defenses to Criminal Responsibility|Section 8.06. Entrapment

Sec. 8.06.  ENTRAPMENT.  (a)  It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.  Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.(b)  In this section "law enforcement agent" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.|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.|
TX Penal Code § 8.08 (2021)
2021 Texas Statutes|Penal Code|Title 2 - General Principles of Criminal Responsibility|Chapter 8 - General Defenses to Criminal Responsibility|Section 8.08. Child With Mental Illness, Disability, or Lack of Capacity

Sec. 8.08.  CHILD WITH MENTAL ILLNESS, DISABILITY, OR LACK OF CAPACITY.  (a)  On motion by the state, the defendant, or a person standing in parental relation to the defendant, or on the court's own motion, a court with jurisdiction of an offense described by Section 8.07(a)(4) or (5) shall determine whether probable cause exists to believe that a child, including a child with a mental illness or developmental disability:(1)  lacks the capacity to understand the proceedings in criminal court or to assist in the child's own defense and is unfit to proceed; or(2)  lacks substantial capacity either to appreciate the wrongfulness of the child's own conduct or to conform the child's conduct to the requirement of the law.(b)  If the court determines that probable cause exists for a finding under Subsection (a), after providing notice to the state, the court may dismiss the complaint.(c)  A dismissal of a complaint under Subsection (b) may be appealed as provided by Article 44.01, Code of Criminal Procedure.(d)  In this section, "child" has the meaning assigned by Article 45.058(h), Code of Criminal Procedure.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 18, eff. September 1, 2013.|
TX Penal Code § 15.01 (2021)
2021 Texas Statutes|Penal Code|Title 4 - Inchoate Offenses|Chapter 15 - Preparatory Offenses|Section 15.01. Criminal Attempt

Sec. 15.01.  CRIMINAL ATTEMPT.  (a)  A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.(b)  If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.(c)  It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.(d)  An offense under this section is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.|Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 4, eff. Sept. 1, 1975;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.|
TX Penal Code § 15.02 (2021)
2021 Texas Statutes|Penal Code|Title 4 - Inchoate Offenses|Chapter 15 - Preparatory Offenses|Section 15.02. Criminal Conspiracy

Sec. 15.02.  CRIMINAL CONSPIRACY.  (a)  A person commits criminal conspiracy if, with intent that a felony be committed:(1)  he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense;  and(2)  he or one or more of them performs an overt act in pursuance of the agreement.(b)  An agreement constituting a conspiracy may be inferred from acts of the parties.(c)  It is no defense to prosecution for criminal conspiracy that:(1)  one or more of the coconspirators is not criminally responsible for the object offense;(2)  one or more of the coconspirators has been acquitted, so long as two or more coconspirators have not been acquitted;(3)  one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;(4)  the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity;  or(5)  the object offense was actually committed.(d)  An offense under this section is one category lower than the most serious felony that is the object of the conspiracy, and if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor.|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.|
TX Penal Code § 15.03 (2021)
2021 Texas Statutes|Penal Code|Title 4 - Inchoate Offenses|Chapter 15 - Preparatory Offenses|Section 15.03. Criminal Solicitation

Sec. 15.03.  CRIMINAL SOLICITATION.  (a)  A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.(b)  A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation.(c)  It is no defense to prosecution under this section that:(1)  the person solicited is not criminally responsible for the felony solicited;(2)  the person solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution;(3)  the actor belongs to a class of persons that by definition of the felony solicited is legally incapable of committing the offense in an individual capacity;  or(4)  the felony solicited was actually committed.(d)  An offense under this section is:(1)  a felony of the first degree if the offense solicited is a capital offense;  or(2)  a felony of the second degree if the offense solicited is a felony of the first degree.|Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 462, Sec. 1, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.|
TX Penal Code § 15.04 (2021)
2021 Texas Statutes|Penal Code|Title 4 - Inchoate Offenses|Chapter 15 - Preparatory Offenses|Section 15.04. Renunciation Defense

Sec. 15.04.  RENUNCIATION DEFENSE.  (a)  It is an affirmative defense to prosecution under Section 15.01 that under circumstances manifesting a voluntary and complete renunciation of his criminal objective the actor avoided commission of the offense attempted by abandoning his criminal conduct or, if abandonment was insufficient to avoid commission of the offense, by taking further affirmative action that prevented the commission.(b)  It is an affirmative defense to prosecution under Section 15.02 or 15.03 that under circumstances manifesting a voluntary and complete renunciation of his criminal objective the actor countermanded his solicitation or withdrew from the conspiracy before commission of the object offense and took further affirmative action that prevented the commission of the object offense.(c)  Renunciation is not voluntary if it is motivated in whole or in part:(1)  by circumstances not present or apparent at the inception of the actor's course of conduct that increase the probability of detection or apprehension or that make more difficult the accomplishment of the objective;  or(2)  by a decision to postpone the criminal conduct until another time or to transfer the criminal act to another but similar objective or victim.(d)  Evidence that the defendant renounced his criminal objective by abandoning his criminal conduct, countermanding his solicitation, or withdrawing from the conspiracy before the criminal offense was committed and made substantial effort to prevent the commission of the object offense shall be admissible as mitigation at the hearing on punishment if he has been found guilty of criminal attempt, criminal solicitation, or criminal conspiracy;  and in the event of a finding of renunciation under this subsection, the punishment shall be one grade lower than that provided for the offense committed.|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.|
TX Penal Code § 15.05 (2021)
2021 Texas Statutes|Penal Code|Title 4 - Inchoate Offenses|Chapter 15 - Preparatory Offenses|Section 15.05. No Offense

Sec. 15.05.  NO OFFENSE.  Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is not an offense.|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.|
TX Penal Code § 16.01 (2021)
2021 Texas Statutes|Penal Code|Title 4 - Inchoate Offenses|Chapter 16 - Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device|Section 16.01. Unlawful Use of Criminal Instrument or Mechanical Security Device

Sec. 16.01.  UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE.  (a)   A person commits an offense if:(1)  the person possesses a criminal instrument or mechanical security device with the intent to use the instrument or device in the commission of an offense; or(2)  with knowledge of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells, installs, or sets up the instrument or device.(b)  For the purpose of this section:(1)  "Criminal instrument" means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.(2)  "Mechanical security device" means a device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry to a structure, motor vehicle, or other property.(c)  An offense under Subsection (a)(1) is one category lower than the offense intended. An offense under Subsection (a)(2) is a state jail felony.|Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 7, eff. Sept. 1, 1975;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 814 (H.B. 2577), Sec. 1, eff. September 1, 2011.|
TX Penal Code § 16.03 (2021)
2021 Texas Statutes|Penal Code|Title 4 - Inchoate Offenses|Chapter 16 - Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device|Section 16.03. Unlawful Use of Pen Register or Trap and Trace Device

Sec. 16.03.  UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE.  (a)  A person commits an offense if the person knowingly installs or uses a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line.(b)  In this section:(1)  "Authorized peace officer," "pen register," and "trap and trace device" have the meanings assigned by Article 18B.001, Code of Criminal Procedure.(2)  "Communication common carrier" has the meaning assigned by Article 18A.001, Code of Criminal Procedure.(c)  It is an affirmative defense to prosecution under Subsection (a) that the actor is:(1)  an officer, employee, or agent of a communication common carrier and the actor installs or uses a device or equipment to record a number dialed from or to a telephone instrument in the normal course of business of the carrier for purposes of:(A)  protecting property or services provided by the carrier; or(B)  assisting another who the actor reasonably believes to be a peace officer authorized to install or use a pen register or trap and trace device under Chapter 18B, Code of Criminal Procedure;(2)  an officer, employee, or agent of a lawful enterprise and the actor installs or uses a device or equipment while engaged in an activity that:(A)  is a necessary incident to the rendition of service or to the protection of property of or services provided by the enterprise; and(B)  is not made for the purpose of gathering information for a law enforcement agency or private investigative agency, other than information related to the theft of communication or information services provided by the enterprise; or(3)  a person authorized to install or use a pen register or trap and trace device under Chapter 18B, Code of Criminal Procedure.(d)  An offense under this section is a state jail felony.|Added by Acts 1985, 69th Leg., ch. 587, Sec. 6, eff. Aug. 26, 1985.  Amended by Acts 1989, 71st Leg., ch. 958, Sec. 2, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 1051, Sec. 10, eff. Sept. 1, 1997.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.02, eff. January 1, 2019.|
TX Penal Code § 16.04 (2021)
2021 Texas Statutes|Penal Code|Title 4 - Inchoate Offenses|Chapter 16 - Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device|Section 16.04. Unlawful Access to Stored Communications

Sec. 16.04.  UNLAWFUL ACCESS TO STORED COMMUNICATIONS.  (a)  In this section:(1)  "Electronic communication," "user," and "wire communication" have the meanings assigned by Article 18A.001, Code of Criminal Procedure.(2)  "Electronic storage" has the meaning assigned by Article 18B.001, Code of Criminal Procedure.(b)  A person commits an offense if the person obtains, alters, or prevents authorized access to a wire or electronic communication while the communication is in electronic storage by:(1)  intentionally obtaining access without authorization to a facility through which a wire or electronic communications service is provided;  or(2)  intentionally exceeding an authorization for access to a facility through which a wire or electronic communications service is provided.(c)  Except as provided by Subsection (d), an offense under Subsection (b) is a Class A misdemeanor.(d)  If committed to obtain a benefit or to harm another, an offense is a state jail felony.(e)  It is an affirmative defense to prosecution under Subsection (b) that the conduct was authorized by:(1)  the provider of the wire or electronic communications service;(2)  the user of the wire or electronic communications service;(3)  the addressee or intended recipient of the wire or electronic communication; or(4)  Chapter 18B, Code of Criminal Procedure.|Added by Acts 1989, 71st Leg., ch. 958, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 1051, Sec. 11, eff. Sept. 1, 1997.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.03, eff. January 1, 2019.|
TX Penal Code § 16.05 (2021)
2021 Texas Statutes|Penal Code|Title 4 - Inchoate Offenses|Chapter 16 - Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device|Section 16.05. Illegal Divulgence of Public Communications

Sec. 16.05.  ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS.  (a)  In this section, "electronic communications service" has the meaning assigned by Article 18A.001, Code of Criminal Procedure.(b)  A person who provides electronic communications service to the public commits an offense if the person knowingly divulges the contents of a communication to another who is not the intended recipient of the communication.(c)  It is an affirmative defense to prosecution under Subsection (b) that the actor divulged the contents of the communication:(1)  as authorized by federal or state law;(2)  to a person employed, authorized, or whose facilities are used to forward the communication to the communication's destination;  or(3)  to a law enforcement agency if the contents reasonably appear to pertain to the commission of a crime.(d)  Except as provided by Subsection (e), an offense under Subsection (b) that involves a scrambled or encrypted radio communication is a state jail felony.(e)  If committed for a tortious or illegal purpose or to gain a benefit, an offense under Subsection (b) that involves a radio communication that is not scrambled or encrypted:(1)  is a Class A misdemeanor if the communication is not a public land mobile radio service communication or a paging service communication;  or(2)  is a Class C misdemeanor if the communication is a public land mobile radio service communication or a paging service communication.(f)  Repealed by Acts 1997, 75th Leg., ch. 1051, Sec. 13, eff. Sept. 1, 1997.|Added by Acts 1989, 71st Leg., ch. 1166, Sec. 17, eff. Sept. 1, 1989.  Renumbered from Penal Code Sec. 16.04 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(24), eff. Sept. 6, 1990.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 1051, Sec. 12, 13, eff. Sept. 1, 1997.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.04, eff. January 1, 2019.|