Terms Used In Texas Penal Code 22.12

  • Conduct: means an act or omission and its accompanying mental state. See Texas Estates Code 505.051
  • Consent: means assent in fact, whether express or apparent. See Texas Estates Code 505.051
  • Drug: has the meaning assigned by Section Texas Estates Code 505.051
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Estates Code 505.051
  • 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 Estates Code 505.051

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 Section 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.