by seemslikeadream » Tue Feb 14, 2006 2:35 pm
under TX Law! <br> According to TX Penal Code, Chapter 22 <!--EZCODE LINK START--><a href="http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000022.00.htm#22.01.00" target="top">www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000022.00.htm#22.01.00</a><!--EZCODE LINK END--><br><br>§ 22.01. ASSAULT. (a) A person commits an offense if <br>the person: <br>(1) intentionally, knowingly, or recklessly causes <br>bodily injury to another, including the person's spouse; <br>(2) intentionally or knowingly threatens another with <br>imminent bodily injury, including the person's spouse; or<br>(3) intentionally or knowingly causes physical <br>contact with another when the person knows or should reasonably <br>believe that the other will regard the contact as offensive or <br>provocative.<br>(b) An offense under Subsection (a)(1) is a Class A <br>misdemeanor,...<br><br><br>And the definition of Reckless under TX Law <br><br><br><!--EZCODE LINK START--><a href="http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000006.00.htm#6.03.00" target="top">www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000006.00.htm#6.03.00</a><!--EZCODE LINK END-->§ 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A <br>person acts intentionally, or with intent, with respect to the <br>nature of his conduct or to a result of his conduct when it is his <br>conscious objective or desire to engage in the conduct or cause the <br>result.<br>(b) A person acts knowingly, or with knowledge, with respect <br>to the nature of his conduct or to circumstances surrounding his <br>conduct when he is aware of the nature of his conduct or that the <br>circumstances exist. A person acts knowingly, or with knowledge, <br>with respect to a result of his conduct when he is aware that his <br>conduct is reasonably certain to cause the result.<br>(c) A person acts recklessly, or is reckless, with respect <br>to circumstances surrounding his conduct or the result of his <br>conduct when he is aware of but consciously disregards a <br>substantial and unjustifiable risk that the circumstances exist or <br>the result will occur. The risk must be of such a nature and degree <br>that its disregard constitutes a gross deviation from the standard <br>of care that an ordinary person would exercise under all the <br>circumstances as viewed from the actor's standpoint.<br>(d) A person acts with criminal negligence, or is criminally <br>negligent, with respect to circumstances surrounding his conduct or <br>the result of his conduct when he ought to be aware of a substantial <br>and unjustifiable risk that the circumstances exist or the result <br>will occur. The risk must be of such a nature and degree that the <br>failure to perceive it constitutes a gross deviation from the <br>standard of care that an ordinary person would exercise under all <br>the circumstances as viewed from the actor's standpoint.<br><br><br><br>And it gets worse since the victim was over 65:<br><br><br>§ 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR <br>DISABLED INDIVIDUAL. (a) A person commits an offense if he <br>intentionally, knowingly, recklessly, or with criminal negligence, <br>by act or intentionally, knowingly, or recklessly by omission, <br>causes to a child, elderly individual, or disabled individual:<br>(1) serious bodily injury; <br>(2) serious mental deficiency, impairment, or injury; <br>or <br>(3) bodily injury. <br>(b) An omission that causes a condition described by <br>Subsections (a)(1) through (a)(3) is conduct constituting an <br>offense under this section if:<br>(1) the actor has a legal or statutory duty to act; or <br>(2) the actor has assumed care, custody, or control of <br>a child, elderly individual, or disabled individual.<br>(c) In this section: <br>(1) "Child" means a person 14 years of age or younger. <br>(2) "Elderly individual" means a person 65 years of <br>age or older. <br>(3) "Disabled individual" means a person older than 14 <br>years of age who by reason of age or physical or mental disease, <br>defect, or injury is substantially unable to protect himself from <br>harm or to provide food, shelter, or medical care for himself.<br>(d) The actor has assumed care, custody, or control if he <br>has by act, words, or course of conduct acted so as to cause a <br>reasonable person to conclude that he has accepted responsibility <br>for protection, food, shelter, and medical care for a child, <br>elderly individual, or disabled individual.<br>(e) An offense under Subsection (a)(1) or (2) is a felony of <br>the first degree when the conduct is committed intentionally or <br>knowingly. When the conduct is engaged in recklessly it shall be a <br>felony of the second degree.<br><br><br><br><br>Cheney COMMITTED A SECOND DEGREE FELONY! <br> <p></p><i>Edited by: <A HREF=http://p216.ezboard.com/brigorousintuition.showUserPublicProfile?gid=seemslikeadream@rigorousintuition>seemslikeadream</A> at: 2/14/06 11:38 am<br></i>