Section 6.03 - Definitions of Culpable Mental States

1 Analyses of this statute by attorneys

  1. BIA Broadens Mental State Analysis for Crimes Involving Moral Turpitude

    University of Denver Sturm College of LawApril 2, 2015

    For its part, the Texas Penal Code defines “reckless conduct” as being “aware of but consciously disregard[ing] a substantial and unjustifiable risk that the circumstances exist or the result will occur.” Tex. Penal Code Ann. § 6.03(c). As such, the BIA found that “recklessness” under Texas law can, in certain circumstances, constitute the requisite mental culpability of a CIMT under Silva-Trevino.Next, the BIA had to determine whether “conduct that places another in imminent danger of serious bodily injury” is sufficient to constitute “reprehensible conduct.”