When does conduct constitute an offense?

• A. When the conduct is defined as an offense by statute, municipal ordinance, order of a county commissioner's court, or rule authorized and lawfully adopted.
• B. When the conduct is defined as an offense by statute only.
• C. When the conduct is defined by a court order.
• D. When it is a thought rather than an act.

Answer: (A)

Conduct becomes an offense only when a valid legal source defines it as illegal. In practice, that means the conduct is prohibited by a statute, a municipal ordinance, an order of the county commissioners court, or a rule that is authorized and lawfully adopted. This ensures there is proper authority and due process behind the prohibition and its penalties. Relying only on statute misses the reality that local laws and properly enacted rules also create offenses. Thoughts alone aren’t punishable, and a court order by itself doesn’t typically establish a new offense; it enforces or implements conduct already defined as illegal.