Charles L. Cotton wrote:DocV wrote:juno106 wrote:I am more concerned with Sen Huffman's amendment which purports to synch SB17 with SB11, in the event both are enacted.
I think Sen. West(?) offered an amendment to Sen Huffman's amendment. Something about adding "knowingly" to "intentionally", or vice-versa.
Charlie indicated that this would make it easier to prosecute.
...
The phrase is
and intentionally or knowingly displays the handgun in plain view of another person
My inner logician says the wording is redundant as one who 'knowingly' displays a handgun does so intentionally and one who 'intentionally' displays a handgun does so knowingly. However, I realized legislators dance to a different order of logic after I watched the debate on the floor
If the terms "intentionally" and "knowingly" were not defined in the Code, then I would agree. However, they are defined. There's a reason SB60 (1995) was drafted such that the culpable mental state required to convict a person of failure to conceal was intentional conduct. It's much easier for the state to prove a person acted "knowingly" because of the difference in the statutory definitions.
Chas.
Tex. Penal Code §6.03 wrote:Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Thank you Charles! With those definitions in hand my understanding is that, according to code, "deliberately" is , what I would term,
weaker than "intentionally". As in:
DA: DocV, did you eat too many donuts to intentionally gain weight?
DocV: No.
DA: DocV, were you aware that eating too many donuts could make you gain weight?
DocV: Well, yes, I was.
Jury: Guilty as charged!
edit: grammar