Penal Code · §6.03

Culpable Mental States

Culpable Mental States is covered under §6.03 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "General Principles" on practice exams.

To prove this offense, the State must establish each of the following elements: Intentionally — conscious objective or desire; Knowingly — aware that the result is reasonably certain; Recklessly — aware of and consciously disregards a substantial and unjustifiable risk; Criminal negligence — ought to be aware of a substantial and unjustifiable risk.

Elements you must prove

  • Intentionally — conscious objective or desire
  • Knowingly — aware that the result is reasonably certain
  • Recklessly — aware of and consciously disregards a substantial and unjustifiable risk
  • Criminal negligence — ought to be aware of a substantial and unjustifiable risk

Practice 2 questions on this topic

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Worked examples

Worked example 1

Texas Penal Code §6.03 establishes which four culpable mental states (in order of decreasing blameworthiness)?

  1. Willfully, knowingly, recklessly, negligently
  2. Intentionally, knowingly, recklessly, with criminal negligence Correct
  3. Premeditated, deliberate, reckless, accidental
  4. Specific, general, transferred, strict
Why: Texas recognizes four culpable mental states ranked from most to least blameworthy: intentionally, knowingly, recklessly, and with criminal negligence.
Statute: Tex. Penal Code §6.03
Worked example 2

An actor is aware of, but consciously disregards, a substantial and unjustifiable risk. Which mental state applies?

  1. Intentionally
  2. Knowingly
  3. Recklessly Correct
  4. Criminal negligence
Why: Recklessness is awareness of a risk plus conscious disregard. The disregard must be a gross deviation from the standard of care a reasonable person would exercise.
Statute: Tex. Penal Code §6.03(c)

Statutory definitions for this topic

Intentionally Tex. Penal Code §6.03(a)
A person acts intentionally with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Knowingly Tex. Penal Code §6.03(b)
A person acts knowingly with respect to the nature of his conduct or attendant circumstances when he is aware of the nature of his conduct or that the circumstances exist; and with respect to a result, when he is aware that his conduct is reasonably certain to cause the result.
Recklessly Tex. Penal Code §6.03(c)
A person acts recklessly with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The disregard must be a gross deviation from the standard of care that an ordinary person would exercise.
Criminal negligence Tex. Penal Code §6.03(d)
A person acts with criminal negligence when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The failure to perceive the risk must be a gross deviation from the standard of care of an ordinary person.