Penal Code · §1.07

Statutory Definitions (Penal Code)

Statutory Definitions (Penal Code) is covered under §1.07 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Assault" on practice exams.

To prove this offense, the State must establish each of the following elements: Substantial risk of death, OR; Death, OR; Serious permanent disfigurement, OR; Protracted loss or impairment of any bodily member or organ.

Elements you must prove

  • Substantial risk of death, OR
  • Death, OR
  • Serious permanent disfigurement, OR
  • Protracted loss or impairment of any bodily member or organ

Practice 2 questions on this topic

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Worked examples

Worked example 1

Under §1.07, 'serious bodily injury' means bodily injury that:

  1. Required hospital treatment
  2. Lasted longer than one week
  3. Creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ Correct
  4. Required stitches or a cast
Why: SBI is bodily injury that creates a substantial risk of death OR causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Statute: Tex. Penal Code §1.07(a)(46)
Worked example 2

Under §1.07, a 'deadly weapon' includes:

  1. Only firearms
  2. Only items >5 inches long with a blade
  3. A firearm or anything manifestly designed for inflicting death/SBI, OR anything that in the manner of its use or intended use is capable of causing death or serious bodily injury Correct
  4. Anything heavier than one pound
Why: A deadly weapon is a firearm/object manifestly designed for death/SBI, OR anything that in the manner of its use or intended use is capable of causing death or SBI. Hands, feet, vehicles, rocks — all can qualify under the second prong depending on use.
Statute: Tex. Penal Code §1.07(a)(17)

Statutory definitions for this topic

Bodily injury Tex. Penal Code §1.07(a)(8)
Physical pain, illness, or any impairment of physical condition.
Serious bodily injury Tex. Penal Code §1.07(a)(46)
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Deadly weapon Tex. Penal Code §1.07(a)(17)
(A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; OR (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Vehicle Tex. Penal Code §30.01(3); §1.07(a)(48)
A device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation. Excludes vehicles adapted for overnight accommodation (those become habitations).
Property Tex. Penal Code §1.07(a)(36)
(A) Real property; (B) tangible or intangible personal property including anything severed from the land; or (C) a document, including money, that represents or embodies anything of value.
Owner Tex. Penal Code §1.07(a)(35)
A person who has title to the property, possession of the property (whether lawful or not), or a greater right to possession of the property than the actor.