Criminal Law-- Texas Penal Code

The rule that a penal statute is to be strictly construed DOES NOT apply to this code. The provisions of this code shall be construed according to the fair import of the terms, to promote justice and effect the objectives of the code.

1. Vagueness

2. Overbreadth

Statute fails to give fair notice to persons of ordinary intelligence that certain conduct is illegal.

Statute prohibits constitutionally protected conduct (usually related to first amendment-- rights like free speech and assembly)

Chicago anti-street gang law that was supposed to prevent against violence due to gang members loitering

1. Under the statute it was impossible to distinguish between innocent and threatening conduct.
2. Loitering had no common and accepted meaning

1. Intentional
2. Knowing
3. Reckless
4. Criminal Negligence

(a) A person does not commit an offense unless he INTENTIONALLY, KNOWINGLY, RECKLESSLY, or WITH CRIMINAL NEGLIGENCE engages in conduct as the definition of the offense requires.

(b) if the definition of an offense does not require a culpable mental state, a culpable mental state is nevertheless required UNLESS the definition plainly dispenses with any mental element.

(c) if the definition of an offense does not prescribe a culpable mental state, but one is required under subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility.

(d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows: Intentional, Knowing, Reckless, Criminal Negligence

(e) Proof of a higher degree of culpability than that charged constitutes proof of culpability charged.

(a) A person acts INTENTIONALLY with respect to the nature of his conduct or to a reasult 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 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 when he is AWARE THAT HIS CONDUCT IS REASONABLY CERTAIN TO CAUSE THE RESULT.

(C) A person acts RECKLESSLY with respect to circumstances surrounding his conduct when he is AWARE OF BUT CONSCIOUSLY DISREGARDS A SUBSTANTIAL AND UNJUSTIFIABLE RISK that the circumstances exist or that the result will occur. The risk must be of such a nature 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.