CHAPTER 55. (d) An offense under this section is a Class C misdemeanor. Practice Management. Read the code on FindLaw. [54] RIGHT TO EXPUNCTION. CODE OF CRIMINAL PROCEDURE. The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission. (D) A fourth or subsequent conviction is a Class A misdemeanor. A Class A Misdemeanor, also known as a Misdemeanor Class A, is considered the most serious type of misdemeanor in most jurisdictions. (c) An offense under this section is a Class A misdemeanor unless the person has been convicted previously under this section, in which event the offense is a felony of the third degree. 1, eff. [50] [51] It is punishable by up to 5 years in prison , [50] a maximum fine of $250,000, [52] a $100 special assessment , [53] and up to 3 years of supervised release . and a Class D felony (punishable by up to 5 years in prison and/or a $5,000 fine) for subsequent offenses. Blogs. (d) A person commits an offense if the person: See ORS 813.010. But felonies carry potential imprisonment that ranges from time in prison (a year is often the low end) to life in prison without parole or even death. An offense under this section is a Class B misdemeanor. 1, eff. Texas Penal Code PENAL TX PENAL Section 46.03. CHAPTER 14. (c-1) It is a defense to prosecution under Subsection (a) or (d)(1) that the record, document, or thing was visual material prohibited under Section 43.261 that was destroyed as described by Subsection (f)(3) of that section. Some states in the U.S. allow you to reduce your class D felony charge to a misdemeanor. An offense under Subsection (d)(2) is a Class A misdemeanor. Legal Technology. News from San Diego's North County, covering Oceanside, Escondido, Encinitas, Vista, San Marcos, Solana Beach, Del Mar and Fallbrook. Corporate Counsel. Password requirements: 6 to 30 characters long; ASCII characters only (characters found on a standard US keyboard); must contain at least 4 different symbols; CODE OF CRIMINAL PROCEDURE. GENERAL PROVISIONS. In the State of Oregon, the exact charge is called "driving under the influence of intoxicants" or DUII. (b) Except as provided by Subsection (d), an offense under this section is: (1) a Class C misdemeanor if the amount of pecuniary loss is less than $100; (2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; (3) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500; TEXAS WORKFORCE COMMISSION. [54] Additionally, there are also a minority of states that have no classification systems and simply assign penalties for each crime under state criminal statutes. CLASS A MISDEMEANOR. (c) An offense under this section is a Class A misdemeanor, except that the offense is: (1) a state jail felony if the person restrained was a child younger than 17 years of age; (2) a felony of the third degree if: (A) the actor recklessly exposes the victim to An offense under Subsection (a) is a Class A misdemeanor. (a) Except as provided by Subsection (b), an offense under Section 49.04 (Driving While Intoxicated), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), or 49.065 (Assembling or Operating an Amusement Ride While Intoxicated) is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the However, you must meet specific requirements before this can happen. CODE OF CRIMINAL PROCEDURE. TITLE 1. This chapter may be cited as the Texas Controlled Substances Act. (D) any disciplinary actions under Chapter 37 for which parental notice is required; (E) citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities; (F) reports of restraint and seclusion required by Section 37.0021; (G) use of corporal punishment as provided by Section 37.0011; and Felony Example 1. It is considered a lesser felony offense, however it is more serious than a Class 6 Felony. An offense under Subsection (d)(2) is a Class A misdemeanor. (2) "Public media" has the meaning assigned by Section 38.01. Threatening the president of the United States is a class D felony under United States Code Title 18, Section 871. 55.01. Thus, your crime would carry a lighter sentence. (2) "Public media" has the meaning assigned by Section 38.01. This chapter may be cited as the Texas Controlled Substances Act. That is, the state will treat your offense as a misdemeanor rather than a class D felony. Jan. 1, 1974. (d) Each day of a continuing violation is a separate offense. TEXAS WORKFORCE COMMISSION. A reference in this chapter to the "commission" means the Texas Workforce Commission. ARE YOU A LEGAL CONSUMER? Corporate Counsel. (c) Except as otherwise provided by Subsections (d) and (e), an offense under this section is a Class B misdemeanor. (d) A person commits an offense if the person: Reducing Your Class D Felony Charge to a Misdemeanor. OFFENSE WITHIN VIEW. Explore Resources For Cases & Codes. (D) any disciplinary actions under Chapter 37 for which parental notice is required; (E) citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities; (F) reports of restraint and seclusion required by Section 37.0021; (G) use of corporal punishment as provided by Section 37.0011; and ORDINARY MISDEMEANOR PUNISHMENTS. Explore Resources For Cases & Codes. Password requirements: 6 to 30 characters long; ASCII characters only (characters found on a standard US keyboard); must contain at least 4 different symbols; 399, Sec. (1) a Class C misdemeanor if the value of the property stolen is less than $100; (2) a Class B misdemeanor if: (A) the value of the property stolen is $100 or more but less than $750; (B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or CODE OF CRIMINAL PROCEDURE. However, you must meet specific requirements before this can happen. A Class A Misdemeanor, also known as a Misdemeanor Class A, is considered the most serious type of misdemeanor in most jurisdictions. (c-1) It is a defense to prosecution under Subsection (a) or (d)(1) that the record, document, or thing was visual material prohibited under Section 43.261 that was destroyed as described by Subsection (f)(3) of that section. (d) Each day of a continuing violation is a separate offense. GENERAL PROVISIONS. ARREST WITHOUT WARRANT. Watch CBS News live and get the latest, breaking news headlines of the day for national news and world news today. TEXAS CONTROLLED SUBSTANCES ACT. Massachusetts and Maine use the term OUI. That is, the state will treat your offense as a misdemeanor rather than a class D felony. Watch CBS News live and get the latest, breaking news headlines of the day for national news and world news today. TITLE 1. Reducing Your Class D Felony Charge to a Misdemeanor. OFFENSE WITHIN VIEW. Corporate Counsel. (d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense. News from San Diego's North County, covering Oceanside, Escondido, Encinitas, Vista, San Marcos, Solana Beach, Del Mar and Fallbrook. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if: (5) was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or (6) consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department. (c) An offense under this section is a Class A misdemeanor unless the person has been convicted previously under this section, in which event the offense is a felony of the third degree. (b-1) If a student has not paid the total amount of the tuition and mandatory fees charged to the student by the institution or unit for the courses in which the student is enrolled by the date the student withdraws from the institution or unit, instead of issuing the student a refund in the amount required under Subsection (b), the institution or unit may credit the amount to be EXPUNCTION OF CRIMINAL RECORDS. SHORT TITLE. Sec. 481.001. [50] [51] It is punishable by up to 5 years in prison , [50] a maximum fine of $250,000, [52] a $100 special assessment , [53] and up to 3 years of supervised release . (b-1) If a student has not paid the total amount of the tuition and mandatory fees charged to the student by the institution or unit for the courses in which the student is enrolled by the date the student withdraws from the institution or unit, instead of issuing the student a refund in the amount required under Subsection (b), the institution or unit may credit the amount to be (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section. Law Students. Texas Penal Code PENAL TX PENAL Section 22.07. Reducing Your Class D Felony Charge to a Misdemeanor. CODE OF CRIMINAL PROCEDURE. (b-1) If a student has not paid the total amount of the tuition and mandatory fees charged to the student by the institution or unit for the courses in which the student is enrolled by the date the student withdraws from the institution or unit, instead of issuing the student a refund in the amount required under Subsection (b), the institution or unit may credit the amount to be and a Class D felony (punishable by up to 5 years in prison and/or a $5,000 fine) for subsequent offenses. The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission. 14.01. The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission. (d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense. (b) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the actor intended to conceal the incident that the actor was required to report under Section 51.252. (c) An offense under this section is a Class A misdemeanor, except that the offense is: (1) a state jail felony if the person restrained was a child younger than 17 years of age; (2) a felony of the third degree if: (A) the actor recklessly exposes the victim to As with misdemeanors, states may also subdivide felonies by class or degree. A felony conviction, like a misdemeanor conviction, may not result in time behind bars. Read the code on FindLaw. Jail terms for a Class 5 Felonies include presumptively eighteen months with a minimum of nine months and a maximum of twenty-four months of incarceration. A Class 5 Felony carries a less severe penalty than that of a Class 1 (2, 3 or 4) Felony. However, you must meet specific requirements before this can happen. Practice Management. Practice Management. 12.21. Jail terms for a Class 5 Felonies include presumptively eighteen months with a minimum of nine months and a maximum of twenty-four months of incarceration. But felonies carry potential imprisonment that ranges from time in prison (a year is often the low end) to life in prison without parole or even death. An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement. It is considered a lesser felony offense, however it is more serious than a Class 6 Felony. Violation of this provision is a misdemeanor punishable by up to 1 year in the county jail for home-built handguns and 6 months in the county jail for any other home-built firearm. Explore Resources For Cases & Codes. Practice Management. Threatening the president of the United States is a class D felony under United States Code Title 18, Section 871. (b) Except as provided by Subsection (d), an offense under this section is: (1) a Class C misdemeanor if the amount of pecuniary loss is less than $100; (2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; (3) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500; Therefore the punishment for a Class A Misdemeanor is typically close to the maximum of one year in jail. For instance, some states may have extended categories for lesser felony offenses, such as Class D/4 and Class E/5, but most stop at Class 3/C. 1, eff. (c-1) It is a defense to prosecution under Subsection (a) or (d)(1) that the record, document, or thing was visual material prohibited under Section 43.261 that was destroyed as described by Subsection (f)(3) of that section. [54] (d) In this section: (1) "Child" has the meaning assigned by Section 101.003, Family Code. Password requirements: 6 to 30 characters long; ASCII characters only (characters found on a standard US keyboard); must contain at least 4 different symbols; Explore Resources For Cases & Codes. TITLE 1. Explore Resources For Cases & Codes. Massachusetts and Maine use the term OUI. Jan. 1, 1974. Read the code on FindLaw. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. ARREST WITHOUT WARRANT. Thus, your crime would carry a lighter sentence. Acts 1973, 63rd Leg., p. 883, ch. TITLE 1. (c) An offense under this section is a Class A misdemeanor, except that the offense is: (1) a state jail felony if the person restrained was a child younger than 17 years of age; (2) a felony of the third degree if: (A) the actor recklessly exposes the victim to A felony conviction, like a misdemeanor conviction, may not result in time behind bars. (5) was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or (6) consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department. (b) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the actor intended to conceal the incident that the actor was required to report under Section 51.252. SUBCHAPTER A. CODE OF CRIMINAL PROCEDURE. ARE YOU A LEGAL CONSUMER? RIGHT TO EXPUNCTION. CLASS A MISDEMEANOR. SUBCHAPTER A. EXPUNCTION OF CRIMINAL RECORDS. For instance, some states may have extended categories for lesser felony offenses, such as Class D/4 and Class E/5, but most stop at Class 3/C. 399, Sec. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against But felonies carry potential imprisonment that ranges from time in prison (a year is often the low end) to life in prison without parole or even death. A Class A Misdemeanor, also known as a Misdemeanor Class A, is considered the most serious type of misdemeanor in most jurisdictions. (d) In this section: (1) "Child" has the meaning assigned by Section 101.003, Family Code. (d) An offense under Subsection (b) is a Class C misdemeanor. Legal Technology. (a) Except as provided by Subsection (b), an offense under Section 49.04 (Driving While Intoxicated), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), or 49.065 (Assembling or Operating an Amusement Ride While Intoxicated) is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the Sec. Felony Example 1. CODE OF CRIMINAL PROCEDURE. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section. (c) A county assessor-collector shall retain $2.50 of each fee collected under this section and forward the remainder of the fee to the department for deposit to the credit of the Texas Department of Motor Vehicles fund. Violation of this provision is a misdemeanor punishable by up to 1 year in the county jail for home-built handguns and 6 months in the county jail for any other home-built firearm. 481.001. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if: Some states in the U.S. allow you to reduce your class D felony charge to a misdemeanor. Law Students. Added by Acts 2019, 86th Leg., R.S., Ch. Threatening the president of the United States is a class D felony under United States Code Title 18, Section 871. New York, Texas, and Missouri refer to driving while intoxicated or DWI. In the State of Oregon, the exact charge is called "driving under the influence of intoxicants" or DUII. SUBCHAPTER B. (c) A county assessor-collector shall retain $2.50 of each fee collected under this section and forward the remainder of the fee to the department for deposit to the credit of the Texas Department of Motor Vehicles fund. Acts 1973, 63rd Leg., p. 883, ch. SUBCHAPTER A. (c) If it is shown on a trial of the defendant that the defendant has been convicted of an offense under Subsection (a) within a year before the date on which the offense being tried occurred, the subsequent offense under Subsection (a) is a Class B misdemeanor. (5) was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or (6) consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department. A Class 5 Felony carries a less severe penalty than that of a Class 1 (2, 3 or 4) Felony. CODE OF CRIMINAL PROCEDURE. Read the code on FindLaw. A reference in this chapter to the "commission" means the Texas Workforce Commission. (D) A fourth or subsequent conviction is a Class A misdemeanor. Texas Penal Code PENAL TX PENAL Section 46.03. Art. Blogs. Added by Acts 2019, 86th Leg., R.S., Ch. (D) A fourth or subsequent conviction is a Class A misdemeanor. Art. Additionally, there are also a minority of states that have no classification systems and simply assign penalties for each crime under state criminal statutes. A reference in this chapter to the "commission" means the Texas Workforce Commission. (2) "Public media" has the meaning assigned by Section 38.01. (d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense. 399, Sec. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and (2) an offense under Subsection (a)(7) is a state jail felony. 12.21. Acts 1993, 73rd Leg., ch. (D) any disciplinary actions under Chapter 37 for which parental notice is required; (E) citations issued for Class C misdemeanor offenses on school property or at school-sponsored activities; (F) reports of restraint and seclusion required by Section 37.0021; (G) use of corporal punishment as provided by Section 37.0011; and An offense under Subsection (a) is a Class A misdemeanor. SUBCHAPTER B. Jan. 1, 1974. News from San Diego's North County, covering Oceanside, Escondido, Encinitas, Vista, San Marcos, Solana Beach, Del Mar and Fallbrook. Sec. An offense under this section is a Class B misdemeanor. As with misdemeanors, states may also subdivide felonies by class or degree. (c) An offense under this section is a Class A misdemeanor unless the person has been convicted previously under this section, in which event the offense is a felony of the third degree. Texas Penal Code PENAL TX PENAL Section 22.07. 399, Sec. 14.01. (c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section. Read the code on FindLaw. As with misdemeanors, states may also subdivide felonies by class or degree. An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement. See ORS 813.010. (1) a Class C misdemeanor if the value of the property stolen is less than $100; (2) a Class B misdemeanor if: (A) the value of the property stolen is $100 or more but less than $750; (B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or (c) If it is shown on a trial of the defendant that the defendant has been convicted of an offense under Subsection (a) within a year before the date on which the offense being tried occurred, the subsequent offense under Subsection (a) is a Class B misdemeanor. Thus, your crime would carry a lighter sentence. Art. TITLE 1. Some states in the U.S. allow you to reduce your class D felony charge to a misdemeanor. Sec. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and (2) an offense under Subsection (a)(7) is a state jail felony. (c) If it is shown on a trial of the defendant that the defendant has been convicted of an offense under Subsection (a) within a year before the date on which the offense being tried occurred, the subsequent offense under Subsection (a) is a Class B misdemeanor. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and (2) an offense under Subsection (a)(7) is a state jail felony. CODE OF CRIMINAL PROCEDURE. Art. (d) An offense under Subsection (b) is a Class C misdemeanor. (d) Each day of a continuing violation is a separate offense. For instance, some states may have extended categories for lesser felony offenses, such as Class D/4 and Class E/5, but most stop at Class 3/C. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against Watch CBS News live and get the latest, breaking news headlines of the day for national news and world news today. Added by Acts 2019, 86th Leg., R.S., Ch. Blogs. That is, the state will treat your offense as a misdemeanor rather than a class D felony. (d) An offense under Subsection (b) is a Class C misdemeanor. 1, eff. CODE OF CRIMINAL PROCEDURE. 55.01. Therefore the punishment for a Class A Misdemeanor is typically close to the maximum of one year in jail. 14.01. SUBCHAPTER B. Additionally, there are also a minority of states that have no classification systems and simply assign penalties for each crime under state criminal statutes. An offense under this section is a Class B misdemeanor. An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement. 1, eff. (d) An offense under this section is a Class C misdemeanor. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against Legal Technology. TEXAS CONTROLLED SUBSTANCES ACT. Practice Management. Art. Violation of this provision is a misdemeanor punishable by up to 1 year in the county jail for home-built handguns and 6 months in the county jail for any other home-built firearm. (b) Except as provided by Subsection (d), an offense under this section is: (1) a Class C misdemeanor if the amount of pecuniary loss is less than $100; (2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750; (3) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500; Texas Penal Code PENAL TX PENAL Section 46.03. TEXAS CONTROLLED SUBSTANCES ACT. An offense under Subsection (a) is a Class A misdemeanor. and a Class D felony (punishable by up to 5 years in prison and/or a $5,000 fine) for subsequent offenses. Sec. (a) Except as provided by Subsection (b), an offense under Section 49.04 (Driving While Intoxicated), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), or 49.065 (Assembling or Operating an Amusement Ride While Intoxicated) is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the CHAPTER 14. EXPUNCTION OF CRIMINAL RECORDS. (c) Except as otherwise provided by Subsections (d) and (e), an offense under this section is a Class B misdemeanor. Read the code on FindLaw. A felony conviction, like a misdemeanor conviction, may not result in time behind bars. CHAPTER 55. Texas Penal Code PENAL TX PENAL Section 22.07. Explore Resources For Cases & Codes. [50] [51] It is punishable by up to 5 years in prison , [50] a maximum fine of $250,000, [52] a $100 special assessment , [53] and up to 3 years of supervised release . 399, Sec. CHAPTER 55. ARE YOU A LEGAL CONSUMER? (c) Except as otherwise provided by Subsections (d) and (e), an offense under this section is a Class B misdemeanor. Acts 1993, 73rd Leg., ch. SHORT TITLE. TITLE 1. Sec. Therefore the punishment for a Class A Misdemeanor is typically close to the maximum of one year in jail. New York, Texas, and Missouri refer to driving while intoxicated or DWI. Art. CHAPTER 14. TEXAS WORKFORCE COMMISSION. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. New York, Texas, and Missouri refer to driving while intoxicated or DWI. (1) a Class C misdemeanor if the value of the property stolen is less than $100; (2) a Class B misdemeanor if: (A) the value of the property stolen is $100 or more but less than $750; (B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or OFFENSE WITHIN VIEW. Massachusetts and Maine use the term OUI. ORDINARY MISDEMEANOR PUNISHMENTS. In the State of Oregon, the exact charge is called "driving under the influence of intoxicants" or DUII. ORDINARY MISDEMEANOR PUNISHMENTS. CODE OF CRIMINAL PROCEDURE. Acts 1993, 73rd Leg., ch. (b) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the actor intended to conceal the incident that the actor was required to report under Section 51.252. 481.001. Felony Example 1. Jail terms for a Class 5 Felonies include presumptively eighteen months with a minimum of nine months and a maximum of twenty-four months of incarceration. See ORS 813.010. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if: It is considered a lesser felony offense, however it is more serious than a Class 6 Felony. 12.21. (d) In this section: (1) "Child" has the meaning assigned by Section 101.003, Family Code. Acts 1973, 63rd Leg., p. 883, ch. (d) An offense under this section is a Class C misdemeanor. This chapter may be cited as the Texas Controlled Substances Act. Law Students. GENERAL PROVISIONS. CODE OF CRIMINAL PROCEDURE. (d) A person commits an offense if the person: