18 Feb 2023

201

The Case of Jim Bakker and PTL

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Academic level: University

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Texas Penal Code 

The court observes men's rea and actus reus as essential elements before convicting someone for a criminal offense. Markedly, these elements include the intention to commit a crime and the intent to commit a crime. Therefore, it is crucial to analyze Texas Penal Code on Offenses Against Property to note the existing men rea and actus reus. 

First, mens rea entails the mental state of a person's intention to commit a crime. Therefore, the first mens reus under burglary highlights a person entering a building that is not opened to the public, but they have the intention to assault or steal (Simester, 2021). Therefore, this means that an individual is identified as a criminal if they engage in related activities. A person who enters a restricted area has already shown that they have criminal intentions (Peters, 2018). The other mens rea is when someone remains concealed in a building to commit a crime. Arguably, this is a mens rea since the individual has already proved that they are concealed in a building to commit a crime. 

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There are also various actus reus in the Riot code. For instance, there is a highlight that participating in a riot is a crime. An individual who engages in crime must engage their bodies in movement. Furthermore, there is also a highlight about depriving or threatening other people's rights by action (Yoffe, 2018). A mention that this is considered a crime means that it falls under actus reus. It is possible to see physical evidence of a person who has deprived their rights. The last actus reus mentions a person entering a building and committing theft or assault (Simester, 2021). An individual must use their bodies willingly to commit any of these crimes, and there is physical evidence of a crime. Therefore, the penal code eases the conviction process since it is possible to identify a crime and the intention to commit. 

References 

Peters, A. (2018). Texas Criminal Procedure and Evidence. New York: Wolters Kluwer Law & Business. 

Simester, A. (2021). Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing. New York: Oxford University Press. 

Snape, J. (2017). Texas Penal Code 2017. Chicago: Lulu.com. 

Yoffe, S. (2018). Texas Penal Code 2018 Edition: Large Print. New York: Amazon Digital Services LLC - Kdp Print Us. 

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