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Texas Penal Code 22.12 – Applicability to Certain Conduct

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Terms Used In Texas Penal Code 22.12

  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
  • Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07

This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is:
(1) committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent;
(3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by § 160.102, Family Code; or
(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.

Texas Penal Code 22.12 – Applicability to Certain Conduct

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Texas Penal Code 22.12

  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
  • Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07

This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is:
(1) committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent;
(3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by § 160.102, Family Code; or
(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.