Texas Penal Code - Section 6.02. Requirement Of Culpability
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§ 6.02. REQUIREMENT OF CULPABILITY. (a) Except as
provided in Subsection (b), 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 prescribe 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 nevertheless 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:
(1) intentional;
(2) knowing;
(3) reckless;
(4) criminal negligence.
(e) Proof of a higher degree of culpability than that
charged constitutes proof of the culpability charged.
(f) An offense defined by municipal ordinance or by order of
a county commissioners court may not dispense with the requirement
of a culpable mental state if the offense is punishable by a fine
exceeding the amount authorized by Section 12.23.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 2005, 79th Leg., ch. 1219, § 1, eff. Sept. 1, 2005.
Section: 2.04 2.05 3.01 3.02 3.03 3.04 6.01 6.02 6.03 6.04 7.01 7.02 7.03 7.21 7.22
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Last modified: August 10, 2007
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