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Brown v. Texas, 443 U.S. 47 (1979), was a United States Supreme Court case in which the Court determined that the defendant's arrest in El Paso, Texas, for a refusal to identify himself, after being seen and questioned in a high crime area, was not based on a reasonable suspicion of wrongdoing and thus violated the Fourth Amendment.
For example, California "stop and identify" law, Penal Code §647(e) had wording [37] [38] [39] similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v. Solomon (1973), 33 Cal.App.3d 429 construed the law to require "credible and reliable" identification that carries a "reasonable assurance" of its authenticity.
The first codification of Texas criminal law was the Texas Penal Code of 1856. Prior to 1856, criminal law in Texas was governed by the common law , with the exception of a few penal statutes. [ 3 ] In 1854, the fifth Legislature passed an act requiring the Governor to appoint a commission to codify the civil and criminal laws of Texas.
Here’s what the Texas penal code on execution of judgment states: TITLE 1, Art. 43.03. A court may not order a defendant confined under Subsection (a) of this article unless the court at a ...
The elements constituting a crime vary between codes that draw on common law principles and those that draw from the Model Penal Code. For example, the mens rea required of murder in federal law under the United States Code is distinct from the mens rea of murder under the Texas Penal Code (which adopted the Model Penal Code in 1974 [39] [38]):
The Texas Penal Code states that "teachers and all school employees are considered professionalreporters in Texas and are required by law to report suspected child abuse or neglect immediately ...
The Model Penal Code §1.13(9) offers the following definition of the phrase "elements of an offense": (i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as (a) is included in the description of the forbidden conduct in the definition of the offense; or (b) establishes the required kind of culpability; or
Under Texas Alcohol Code section 109.35, a municipality can prohibit the possession of an open container in central business districts if there’s a risk to the health or safety of its citizens.