Originally Posted By: Nyogtha
dnewton3,
I believe Webster's and other sources cited would disagree with you saying it doesn't matter how Webster's defines criminalization. The fact you choise to break it down differently than standard conversational English is your own thing. It is againzt the law in San Antonio and Texas and therefore meets the formal recognized definition of criminalized.
I didn't see any commentary on your review of the actual posted info on these laws, after such links were posted. Are you still in disbelief?
1) it really does not matter what "I" think; it only matters what the States have in their statutory code
2) I'll directly address your concern for TX laws later in this post. What you posted was TX DMV dribble. In contrast, I will go to the source; the TX State repository for statutory laws.
What I did is prove my point; that most states (IN my example because that's where I live and serve) have a specific meaning set forth, and the state codes will most often have their own "definitions" to clearly describe what they mean. There's an entire chapter in Indiana criminal code devoted directly to definitions. They don't need nor rely on Webster, or any other dictionary. Webster does not define, delineate or make statutory laws; they only help understand the generalities of the language and nothing more.
Two totally different concepts you clearly are not able to distinguish.
Example:
"person" defined by Webster:
https://www.merriam-webster.com/dictionary/person
clearly refers to a singular entity
but...
"person" defined by TX motor vehicle law (note that this is the DIRECT TX statutory code and not some lame DMV link)
http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.541.htm#541.001
(4) "Person" means an individual, firm, partnership, association, or corporation.
Clearly this not only can mean an individual, but other entities of business and multiplicity. IOW "person" in TX transportation law can mean private or corporate status, and single or multiple entities. That is a far cry from what Webster shows.
Further, TX delineates punishment of crimes in a manner not unlike IN, and other states:
http://www.statutes.legis.state.tx.us/Docs/PE/pdf/PE.12.pdf
Misdemeanors up to 1 year; Felonies over 1 year.
Here is TX Code for driving and texting:
http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.543.htm#543.001
And I quote (note - the underlined area is of my enhancement to draw your attention to the specific topic.):
Sec. 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES. (a) An officer shall issue a written notice to appear if:
(1) the offense charged is:
(A) speeding;
(B) the use of a wireless communication device under Section 545.4251; or
(C) a violation of the open container law, Section 49.031, Penal Code; and
As you can see, the officer is required ("shall" is the term used; a term generally accepted to mean legally compelling) write a ticket/citation/infraction (or whatever word you'll accept), but he is NOT to arrest and incarcerate.
And here is the electronic device info:
http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.545.htm#545.4251
You can also see the phrase " ...
the operator is subject to a fine ..." used repeatedly in the TX code regarding use of electronic devices while driving. Not incarceration (as a crime), but "fines" as a matter of civil punishment. I see absolutely nothing in TX Statutory code that indicates a person will go to jail or prison for texting while in the course of driving prior to involvement in accident at-fault.
http://www.statutes.legis.state.tx.us/
Hence it's not "criminal" in TX to text and drive because you cannot be incarcerated for it, as noted above; you cannot be preemptively arrested because it's not a "crime" (misdemeanor or felony).
I, and the States of Indiana, Texas, and many others, define "crime" as that which can/will result in preemptive or punitive incarceration; not "civil" responses of lighter note involving infractions and ordinances.
You are wrong; Webster is inapplicable; there's really no other way to see it logically.
However you wish to process this illogically is up to you.