Legislation
SECTION 15.05
Culpability; definitions of culpable mental states
Penal (PEN) CHAPTER 40, PART 1, TITLE B, ARTICLE 15
§ 15.05 Culpability; definitions of culpable mental states.
The following definitions are applicable to this chapter:
1. "Intentionally." A person acts intentionally with respect to a
result or to conduct described by a statute defining an offense when his
conscious objective is to cause such result or to engage in such
conduct.
2. "Knowingly." A person acts knowingly with respect to conduct or to
a circumstance described by a statute defining an offense when he is
aware that his conduct is of such nature or that such circumstance
exists.
3. "Recklessly." A person acts recklessly with respect to a result or
to a circumstance described by a statute defining an offense when he is
aware of and consciously disregards a substantial and unjustifiable risk
that such result will occur or that such circumstance exists. The risk
must be of such nature and degree that disregard thereof constitutes a
gross deviation from the standard of conduct that a reasonable person
would observe in the situation. A person who creates such a risk but is
unaware thereof solely by reason of voluntary intoxication also acts
recklessly with respect thereto.
4. "Criminal negligence." A person acts with criminal negligence with
respect to a result or to a circumstance described by a statute defining
an offense when he fails to perceive a substantial and unjustifiable
risk that such result will occur or that such circumstance exists. The
risk must be of such nature and degree that the failure to perceive it
constitutes a gross deviation from the standard of care that a
reasonable person would observe in the situation.
The following definitions are applicable to this chapter:
1. "Intentionally." A person acts intentionally with respect to a
result or to conduct described by a statute defining an offense when his
conscious objective is to cause such result or to engage in such
conduct.
2. "Knowingly." A person acts knowingly with respect to conduct or to
a circumstance described by a statute defining an offense when he is
aware that his conduct is of such nature or that such circumstance
exists.
3. "Recklessly." A person acts recklessly with respect to a result or
to a circumstance described by a statute defining an offense when he is
aware of and consciously disregards a substantial and unjustifiable risk
that such result will occur or that such circumstance exists. The risk
must be of such nature and degree that disregard thereof constitutes a
gross deviation from the standard of conduct that a reasonable person
would observe in the situation. A person who creates such a risk but is
unaware thereof solely by reason of voluntary intoxication also acts
recklessly with respect thereto.
4. "Criminal negligence." A person acts with criminal negligence with
respect to a result or to a circumstance described by a statute defining
an offense when he fails to perceive a substantial and unjustifiable
risk that such result will occur or that such circumstance exists. The
risk must be of such nature and degree that the failure to perceive it
constitutes a gross deviation from the standard of care that a
reasonable person would observe in the situation.