Texas Water Code 7.202 – Proof of Knowledge
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Terms Used In Texas Water Code 7.202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
In determining whether a defendant who is an individual knew that the violation placed another person in imminent danger of death or serious bodily injury under § 7.168, 7.169, 7.170, or 7.171, the defendant is responsible only for the defendant’s actual awareness or actual belief possessed. Knowledge possessed by a person other than the defendant may not be attributed to the defendant. To prove a defendant’s actual knowledge, however, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to be shielded from relevant information.