Under Texas Penal Code Section 6.03, a person who is aware of but consciously disregards a substantial and unjustifiable risk that a result will occur acts with which culpable mental state?
Show answer & explanation
Answer: C
Intentionally: Wrong. Acting intentionally means it is the person's conscious objective or desire to engage in the conduct or cause the result.
Knowingly: Wrong. Acting knowingly means the person is aware that the conduct is reasonably certain to cause the result. That is more than just being aware of a risk.
Recklessly: Correct. PC 6.03(c) defines recklessness as being aware of but consciously disregarding a substantial and unjustifiable risk.
With criminal negligence: Wrong. Criminal negligence (6.03(d)) means the person ought to be aware of the risk but fails to perceive it. Here the person was actually aware of it.
From most to least culpable: intentional (conscious objective), knowing (reasonably certain), reckless (aware but disregards), criminally negligent (ought to be aware but is not).