Penal Code

Created by Daniel Musgrave

In order to substantiate the offense of sexual assault, the two most important elements that must be proven are:
Force and penetration

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TermDefinition
In order to substantiate the offense of sexual assault, the two most important elements that must be proven are:
Force and penetration
What is the time limit that a person may leave an unattended child younger than 7 years of age in a vehicle under otherwise reasonable conditions?
5 minutes
An individual, corporation, or association
person
A person intentionally gets in the way of an officer who is attempting a lawful arrest. The person
Can be arrested for hindering apprehension
A person commits an offense of Unlawfully Carrying a Weapon if he intentionally, knowingly, or recklessly carries on or about his person a _____
handgun
____means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
benefit
All persons are presumed to be innocent, and no person may be convicted of an offense unless each element of the offense is:
Proved beyond a reasonable doubt
A man in the front row of a high school football game stands up and “moons” everyone in the bleachers. What offense, if any, did he commit?
disordly conduct
What type of entry is required for “burglary of a vehicle”?
Any part of the body or anything attached to the body reaches inside the vehicle
A person prints some fake checks on a computer and uses one to purchase a pizza worth $15 delivered to his residence. What offense has occurred?
Forgery
A Texas handgun license holder enters a liquor store while possessing a concealed pistol. What offense has occurred?
Unlawful carrying of a handgun by a licensed holder
A person who knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses_____ or more prostitutes commits the crime of aggravated promotion of prostitution.
Two
A twenty-year-old girl has sexual intercourse with her sixteen-year-old boyfriend, who consents and says that he wants to marry the girl. The girl has committed
sexual assault
A person detonates a bomb without consent and with the intent to destroy a building of another. What crime was committed?
Arson
The prosecuting attorney must _____ the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant’s conduct does not fall within the exception.
negate
When an offender escapes from custody:
Peace officers may use reasonable force to effect the arrest or prevent escape
Under the statutes, at least how many persons constitute a “riot”?
7
A person makes a counterfeit $20 bill; under Texas law, the person can be charged with
forgery
____ occurs when a person intentionally or knowingly harms or threatens to harm another by an unlawful act, because the victim is a public servant, witness, prospective witness, informant, or person who reports a crime.
retaliation
A couple is on a date at a party located on a public beach. The female becomes intoxicated and passes out. The female wakes up to discover her date performing oral sex on her. She is very upset and calls the police. What offense has occurred?
sexual assault
A person intentionally damages the property of another without effective consent. The person committed
Criminal mischief
_____ means to restrict a person’s movements without consent, so as to interfere substantially with the person’s liberty.
restrain
A person left a party after drinking alcoholic beverages and was intoxicated. The person was going to give his friend a lift home. The person and the friend were driving toward the person’s residence when the person lost control of the vehicle and hit a telephone pole. The person did not get hurt, but the friend received a skull fracture, which left him blind in one eye. The person should be charged with
intoxication assault
Punishment for someone found guilty of a first-degree felony is:
5 years to 99 years or life, and a fine not to exceed $10,000
Two neighbors are involved in an argument. One neighbor shoots the other person’s cow. What offense, if any, can be charged?
criminal mischief
A male educator at a public high school has sexual intercourse with a female student who consents. The man has committed
improper relationship with student
A person commits the offense of indecency with a child if, with a child younger than_____ years of age, where the child is of the same or opposite sex, and regardless of whether the person knows the age of the child at the time of the offense, engages in sexual contact with the child.
17
A person abducts another and threatens to harm the victim if he or she does not go along peacefully. The actor commits what crime, if any?
aggravated kidnapping
In the definition of “Sexual Conduct”, under 43.01 PC Definitions, which is NOT included?
sexual harassment
According to Penal Code, _____ means to leave a child in any place without providing reasonably and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.
abandon
An employee at an amusement park is intoxicated and improperly assembles a mobile amusement ride. A person later uses the amusement ride and dies in an accident. The employee who assembled the ride can be charged with
intoxication manslaughter
_____ a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use of intended use is capable of causing death or serious bodily injury.
deadly weapon
What effect does an affirmative defense to prosecution have on a criminal case?
excuses criminal responsibility if the defense is proven to exist beyond a reasonable doubt.
Two men own a boat. One of the individuals intentionally burns the boat to the ground. Under the Texas Penal Code, he can be charged with
arson
Under Sec 48.01 PC: smoking tobacco, which location is a place where tobacco use is prohibited?
movie house
A person is upset with a former friend and wants to get back at him. The person calls the police and reports that a former friend stole his television from his residence. The person then hid his television as if it were gone. What offense has occurred?
false report to a peace officer.
A kid on a skateboard rides by and steals a radio from a bench where a lady is sitting, waiting for a bus. What offense has the kid committed?
theft
A short-barreled firearm includes a rifle or shotgun that has an overall length shorter than____ inches.
26
A person who is not a handgun license holder is carrying a handgun in his auto. He is stopped for speeding. Besides the speeding offense, the person can be charged with
no other offense
Accomplices to offense
may be charged and convicted for the same offense as the principal offender
A person uses a hostage as a shield while escaping from a scene. Which of the following offenses is the most serious offense for which the suspect may be charged?
aggravated kidnapping
Sexual assault is committed without consent of the other person if
(i) The other person has not consented, and the actor knows that the other person is unaware that the sexual assault is unconscious. (ii) The other person has not consented, and the other person is unaware that the sexual assault is occurring (iii) The actor is a public servant who coerces the other person to submit or participate
A person commits the offense of “abandoning or endangering a child” if having care, custody, or control of a child younger than _____ years of age, he intentionally abandons the child in any place under circumstances that expose the child to unreasonable risk or harm.
15
A _____ is a person elected, selected, appointed, employed, or otherwise designated, even if he has not yet qualified for office or assumed his duties.
public servant
A person commits an offense of arson if he or she starts a fire or causes an explosion, intending to destroy or damage any building, habitation, vehicle, vegetation, fence, or structure on open-space land, knowing it is
(i) inside the city limits, (ii) insured against damage), (iii) subject to a mortgage or other security interest
“_____” means an agreement to win or lose something of value solely or partially by chance.
Bet
Joe walks up to the 66-year-old female clerk working at the 7-11 at 1:30 AM. Joe, with his hand in his pocket, told the clerk, “Give me all your money or I will shoot you.” She did so. Joe left with the money and was subsequently arrested for this offense. What charge should be filed?
aggravated robbery
Perjury consists of making a false statement _____.
(i) with intent to deciece, (ii) under oath, and (iii) with knowledge of the statement's meaning
A person is told that he is under arrest for an outstanding traffic warrant. When the police officer attempts to secure the person using handcuffs, the person runs away, telling the officer he is not going to jail. What offense has occurred?
evading arrest or detention
A person enters a store that is not then open to the public and begins to stack items up that he wants to steal. A silent alarm alerts police, who catch the individual in the store. What can the man be charged with?
burglary
____ means a person who: has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or is a holder in due course of a negotiable instrument.
owner
____ means detained or under arrest by a peace officer?
custody
What level of proof is required to obtain a conviction in a criminal trial?
proof beyond a reasonable doubt
A grocery store is robbed by one man. He leaves the store and gets into a getaway vehicle driven by another man. When the two are caught by the police, what offense may the driver be charged with?
robbery
A person does a drive-by shooting at a place of business, and no one is injured. He should be charged with what offense?
deadly conduct
_____ is committed when a legally married person lives with a person other than his spouse in this state under the appearance of being married.
bigamy
____________ means assent in fact, whether express or apparent.
consent
A person plants a bomb with the intent to destroy a neighbor's building. The police find and diffuse the bomb before it goes off. The person committed
attempted arson
A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to a peace officer or federal special investigator conducting the investigation or any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation. A person could be charged with ______________.
false report to a peace officer
______________ means a person whose criminal responsibility is in issue in a criminal action. Whenever the term “suspect” is used in this code, it means________ (
actor
A person intentionally or knowingly: requests, commands, or attempts to induce another person to engage in specific conduct that would constitute a capital or 1st degree felony.
criminal solicitation
_________ means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.
association
A police sergeant makes sexual advances toward a female violator on a traffic stop. The sergeant may have committed what crime?
official oppression
An individual uses a copy machine to duplicate various denominations of money to use in making purchases. What offense, if any, was committed?
forgery
A person intentionally kills a seven-year-old during the course of committing kidnapping.
capital murder
A person uses a hostage as a shield while escaping from a burglary. Which of the following offenses is the most serious offense for which the suspect may be charged?
aggravated kidnapping
Riot means the assembly of ____ or more persons.
seven
Which of the following does not constitute an element of aggravated kidnapping?
The person kidnapped is three years old
_____________ is a defense to prosecution.
mistake of fact
Following a conviction, the actor retaliates against a witness and causes the death of the witness against him. The actor can be charged with
capital murder
A man enters a department store just before closing and hides in a restroom and waits until all persons have left the store for the night. Once he is alone, the man goes to the jewelry counter and begins to gather all the jewelry in a sack. Opening the jewelry counter sets off a silent alarm, and the man is caught in the store with the jewelry on his person. He will be charged with
burglary
A blackjack, nightstick, mace, and tomahawk are examples of
club
Sexual assault is committed without the consent of the person if….
(i) The actor compels the other person to submit or participate by threatening to use force or violence against any person (ii) as a result of mental disease or defect, the other person is, at the time of the sexual assault, incapable either of appraising the nature of the act (iii) The actor is a public servant who coerces the other person to submit or participate ANY OF THE ABOVE ARE WITHOUT CONSENT
A person commits the offense of “Driving While Intoxicated with Child Passenger” if the vehicle being operated by the intoxicated driver is occupied by a passenger who is younger than ______ years of age.
15
Which culpable mental state refers to a person’s knowledge or awareness that his conduct is reasonably certain to cause the result?
knowing
An individual abducts another person for ransom, but lets the person go alive. The person committed
aggravated kidnapping
____________ means an offense so designated by law or punishable by death or confinement in a penitentiary.
felony
Someone breaks into an attached garage, then into a car, and steals a $1,501 computer from the car. What is the highest offense that may be charged?
burglary
A person pickpockets a wallet out of a woman’s purse hung over her shoulder as she is looking away. The purse and its contents were valued at $90. What offense has occurred?
Theft - $50-$500
When is a person responsible for the conduct of another person?
When the person is criminally responsible for the conduct of another
Violation of a Protective Order preventing offense by Bias or Prejudice?
Class A Misdemeanor
A person commits an offense of ______________, if without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings on the tangible property of the owner with aerosol paint, an indelible marker, or an etching or engraving device.
graffiti
The mouth of one person touches the anus of another person. This action is defined as
deviant sexual intercourse
Which of the following is not one of the culpable mental states?
criminal intent
A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly violates a law relating to the public servant's office or employment; or misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment. What crime is this?
abuse of official capacity
What are the culpable mental states for the offense of Assault?
intentionally, knowingly, recklessly
A person causes an explosion with the intent to damage a vehicle to collect insurance money. Which offense has been committed? (
arson
A person commits an offense of Continuous Sexual Abuse of Young Child or Disabled Individual if during a period that is 30 or more days in duration, the person commits _____ or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older, and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.
two
A person makes $20 bills and tries to pass them off as real bills. Under Texas statutes, the person committed
forgery
Means any contact between the genitals of one person and the mouth or anus of another person.
deviate sexual intercourse
To commit the offense of “public intoxication,” the person must be in a public place, under the influence of some type of alcoholic beverage or any other substance, and
a danger to himself or others
What offense has been committed when a nurse at a nursing home purposefully fails to give an 80-year-old man his prescribed medicine?
injury to an elderly person
person in the course of committing theft and with the intent to obtain or maintain control of property, he intentionally, knowingly, or recklessly places another in fear of imminent bodily injury or death.
robbery
Harassment cannot be initiated by ________________.
mail
Mike offers Randy $10K to kill the rich uncle. What crime has been committed?
criminal solicitation
What type of entry is necessary in the crime of burglary?
the intrusion of any part of the body or any physical object attached to the body
Which of the following offenses will raise murder to capital murder?
robbery
Improper Relationship between Educator and Student refers to illegal sexual intercourse with students enrolled in which schools
Public or private primary or secondary school
According to Sec. 31.04 of the Penal Code, a person commits an offense if with intent to avoid payment he intentionally or knowingly secures performance of the service by deception, threat, or false token. What is this offense?
theft of service
__________________ means any contact between any of the genitals of one person and the mouth or anus of another person; or the penetration of the genitals or the anus of another person with an object.
Deviate sexual intercourse
A person may not be prosecuted for or convicted of an offense (other than perjury, aggravated perjury, or traffic offenses) that he or she committed when
younger than fifteen years of age unless juvenile court waives jurisdiction
A person commits an offense if he offers to give, agrees to give, or gives a thing of value to another for acquiring or maintaining the possession of a child for the purpose of _________________.
adoption
A person who is not a handgun license holder is carrying a handgun in his automobile. He is stopped for speeding (10 miles over limit) besides the speeding offense, this person can be charged with
no other offense from information given
A person who has custody, care, or control of a child younger than ____ years commits an offense if he or she intentionally abandons the child in any place under circumstances that expose a child to an unreasonable risk of harm.
15
A man is in his front yard burning a pile of leaves. He goes into his house to get a drink of water and watch TV. The fire spreads to his neighbor’s home and burns up a car, causing $2,000 in damage. What offense has been committed?
arson
Which of the following is NOT a type of weapon that is defined in the statute governing Prohibited Weapons?
shotgun
What information must a lawfully arrested person provide to a peace officer when requested?
Name, address, and date of birth
A person has committed the offense of _______________________________, if he intentionally prevents or obstructs a person, he knows is a peace officer from effecting an arrest or search, by using force against the peace officer.
resisting arrest
A person who intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of the other has committed what offense?
murder
In the course of committing theft, a person causes serious bodily injury to another person. The actor has committed
aggravated robbery
The person crawls into a window in the warehouse to get out of the rain. The owner finds the person asleep the next morning and calls the police. The person committed what offense?
criminal trespass
To charge a person with the offense of “aggravated promotion of prostitution” he or she must knowingly own, invest in, finance, control, supervise, or manage a prostitution enterprise that uses _____ or more prostitutes.
two
A “pimp” arrested for managing two prostitutes is charged with
aggravated promotion of prostitution
A person is observed in a crowded parking lot masturbating. What offense has occurred?
indecent exposure
A (n) _________ of a public or private primary or secondary school commits an offense if they engage in sexual contact, sexual intercourse, or deviant sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which they work. (
employee
A person makes a material false statement under oath during an official proceeding. The person may be charged with
aggravated perjury
A person intentionally kills another; she has committed the offense of _________.
murder
A person steals a credit card with the intent to use it. According to the Penal Code, the person has committed the offense of _____________.
credit or debit card abuse
While on the witness stand and under oath, Officer Bright stated he received a consent to search before entering a residence. Almost immediately after that statement and before getting off the stand however, he retracted his initial statement and advised he made entry into the house, saw objects (contraband) in plain view and THEN got the consent to search; Officer Bright is guilty of what offense?
Inconsistent statements because one of his statements was false.
People are dancing at a nightclub. A man pinches a woman on the buttocks, and she is offended by the pinch. The man can be charged with
assault
A felony of the third degree is punishable by
confinement by the Texas Department of Criminal Justice not to exceed ten years or less than two years and may be fined not more than $10,000.
A husband and wife are at a store. During an argument, the husband punches his wife, causing a large bruise. What offense, if any, has the husband committed? (
assault
In which of the following circumstances would an individual be charged with aggravated assault?
The actor causes serious bodily injury to a peace officer.
A person commits “indecency with a child” if, with a child younger than ____ years of age and not his spouse, whether the child is of the same or opposite sex, and regardless of whether the person knows the age of the child at the time of the offense, the person engages in sexual contact with the child.
17
A person other than a railroad employee commits an offense of “interference with railroad property” if he or she
(i) knowingly enters or remains on railroad property, (ii) tampers with railroad property, (iii) places an obstruction on a railroad track or causes a train to derail ALL OF THE ABOVE CAN CONSTITUTE A CRIME
In order to substantiate the offense of sexual assault, the two most important elements that must be proven are
force and penetration
What charges would be filed on a person who tried to poison another, and the person did not die following the ordeal?
attempted murder
Jim is watching the fire scene down the street with firefighters, police and emergency medical service workers present. Jim takes out his laser pointer and begins to point it at the emergency medical workers. What level offense has occurred?
Class C misdemeanor
A person may not be prosecuted for or convicted of any offense that he committed when younger than ________ years of age except perjury, aggravated perjury, etc…”
15
A person removes a $450 price tag from a retail item, replaces it with a $200 price tag and pays the lower price. According to the Penal Code, the person has committed the offense of ________________________.
Fraudulent destruction, removal, or concealment of writing
__________ means to dispose of property in a manner that makes recovery of the property by the owner unlikely.
Deprive
Two friends buy a boat together. One of the men becomes angry at the other and tears up the boat that they purchased together. What offense, if any, has been committed?
Criminal mischief
Jesse James is arrested for shoplifting a leather coat from Dillard’s. He is stopped by security people of the store and his attempt to escape with the coat James stabs one of the security people causing serious bodily injury. The most serious offense(s) James has committed is ___________________.
aggravated robbery
________________ includes authority, board, bureau, commission, committee, council, department, district, division, and office.
agency
A person who in the course of committing theft, knowingly, or recklessly causes bodily injury to another, or places another in fear of imminent bodily injury or death, has committed what offense?
robbery
A shotgun with a barrel length of less than ____ inches is a “Short Barrel firearm”
18
___________ means physical pain, illness, or any impairment of physical condition.
bodily injury
What is the primary difference between robbery and theft?
the use of attempted use of force
A person abducts a child and demands a ransom for the child’s release. The person gets scared and releases the child unharmed. According to the Penal Code, what is the most serious offense committed?
aggravated kidnapping
___________________ means three or more persons who collaborate in carrying on criminal activities, although participants may not know each other’s identity.
combination
Dopery Dufess remained hidden in a washroom until the department store closed with the intent to steal a necktie worth $30.00. He has committed:
burglary-building
What offense occurs if a woman is sitting in front of a store entrance, blocking customers from entering and refuses to leave when asked to do so?
obstructing a passageway
Joe (a 29-year-old male) visited his older sister at her residence. While his sister was working in the garden in the back yard, Joe walked into his niece’s bedroom. While his niece sat on her bed, Joe pulled down his pants and masturbated in front of the 15-year-old girl. What offense has Joe committed?
indecency with a child
person intentionally kills another: she has committed the offense of
murder
Which is NOT an objective of the Penal Code?
to ensure a fair trial
ohn Wrong offers Jackie Wright $35.00 to engage in sexual conduct with him. John Wrong has committed the offense of _________________________.
prostitution
A person commits the offense of __________________ if he commits an act clearly dangerous to human life, with the intention of causing serious bodily injury, and causes the death of an individual.
murder
______________ Includes consent by a person legally authorized to act for the owner, Consent is not effective if, induced by force, threat, or fraud, given by a person the actor knows is not legally authorized to act for the owner, given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions, given solely to detect the commission of an offense.
effective consent
An officer attempts to serve Tom with a subpoena or citation and Bill interferes with the officer’s duty. Bill can be charged with.
interference with public duties
________ is defined as criminal or tortious or both and includes what would be all but for defense not amounting to justification or privilege?
unlawful
Harassment as defined by Penal Code 42.07 cannot occur if the communication is initiated by which of the following means.
In person
According to Penal Code, ___________________ means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.
sexual performance
What type of injury must occur to constitute an assault punishable as a Class A misdemeanor?
bodily injury
A person enters a vehicle and commits theft when the car is inside a garage attached to a home. The person commits
burglary
A man with a knife is standing 75 feet away from another man that is getting into a vehicle. The man with the knife is screaming that he is going to kill the other. The driver gets into his vehicle, drives over the man with the knife, and shoots the man with the knife, the victim of the shooting dies. What offense, if any, was committed?
murder
When Mr. “A” agrees with one or more persons to engage in a felony offense and one of them carries out the offense, Mr. “A” may be charged with
criminal conspiracy
What is the minimum number of who are part of a “combination” required to participate in organized criminal activity?
3
Timmy uses a bent coat hanger and insets it into the bottom of a vending machine and “fishes” out a bag of peanuts. The cost of the bag of peanuts is 65 cents. What offense has occurred?
Burglary of a coin operated machine
Sexual assault is committed without consent of the person if….
(i) the actor compels the other person to submit or participate by threatening to use force or violence against any person (ii) as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act. (iii) The actor is a public servant who coerces the other person to submit or participat ANY OF THE ABOVE ARE WITHOUT CONSENT
Joe Bob has been working at a factory for a short amount of time as has started collecting money from a coworker to set up a football pot for other workers. For Joe Bob’s part of maintaining the pot, he gets 10% of the total pot. What offense, if any, has Joe Bob committed?
gambling promotion
A person knowingly purports to exercise, without legal authority, any function of a public servant or of a public office, including that of a judge and court. What crime has been committed?
impersonating a public servant
A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act to prevent or delay the service of another as a witness or prospective witness.
obstruction/retaliation
Improper Relationship between Educator and Student is a _____________.
felony
A person crawls over a locked gate to take a nap in a meadow. The owner finds the person asleep in his pasture and calls the police. The person committed….
criminal trespass
In reference to Penal Code 30.04 – Burglary of Vehicle, “entry” into a vehicle would include which of the following?
An arm, an object or tool, and/or the entire person
A person rents a lawn mower from a rental agency for a period of 30 days. Forty-five days later the subject does not return the lawn mower as agreed to in the contract. What offense, if any, did the subject commit?
theft of service
A person commits an offense of “injury” to a child, elderly, or “disabled person” if he or she intentionally, knowingly, recklessly by omission, or with criminal negligence (by act or omission) engages in conduct that causes __________ to a child who is fourteen years of age or younger, to an individual sixty-five years of age or older, or to a disabled individual.
(i)serious bodily injury (ii) serious physical impairment (iii) disfigurement or deformity ALL OF ABOVE RESPOND TO THE QUESTION
A man enters his next-door neighbor’s unfenced yard and kills his neighbor’s pigs, which are in a pigpen. What offense, if any, did the man commit?
criminal mischief
A ____________ means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.
penal institution
Not having the normal use of mental or physical faculties by reason of introduction of alcohol, a controlled substance, a drug, a dangerous drug, or any combination of two or more of those substances, or any other substance into the body is a definition of
intoxication
_________ means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
harm
THe taking of money from a cash drawer without threat or harm to the cashier would be
theft
A husband and wife are at a store. The husband physically beats up his wife, causing her bodily injury. The husband has committed what crime?
assault
An adult who exposes his genitals, knowing that a 13-year-old child is present, with intent to arouse or gratify the sexual desire of any person, has committed what crime?
indecency with a child
Henry is the driver of a vehicle being used in an armed robbery. His friend, George enters the bank and displays a gun to a clerk and orders her to “put all the money in the bag.” A security guard sees the gun and orders George to “Freeze!” George turns and fires the weapon, killing the security guard. George flees the bank with the money, gets into the car, and they both drive away. Which of the following is true?
Both George and Henry can be charged with capital murder
Which of the following may cause an offense of robbery to be upgraded to aggravated robbery?
use or exhibits a deadly weapon
A person offers money to a witness in exchange for testimony that is otherwise correct if he just forgets to mention the second suspect that acted as the lookout. What offense has occurred?
tampering with witness
A person commits an offense of ____________ if he or she threatens to commit any offense with intent to interrupt public communications, public transportation, public water, gas, or power supply or other public services.
terroristic threat
Beyond a reasonable doubt is
(i) more than mere suspicion, (ii) more than probable cause, (iii) less than absolute certainty ALL OF THE LISTED ANSWERS ARE CORRECT
Mike offers Randy $10,000 to kill a rich uncle, Randy tells a detective about the plot. Randy agrees to work with the detective, and a “sting” operation is set up with the cooperation of the uncle. Randy gives a picture of the contrived murder as proof of the event and asks Mike for he money. When the money is exchanged, Mike is arrested. What will Mike be charged with?
solicitation of capital murder
According to Penal Code, ______________ means to procure, manufacture, issue sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the same.
promote
Which of the following is an affirmative defense?
Duress
Joe is visiting at Tom’s house. Tom takes Joe into his bedroom and shows him a new .22- calibe pistol that Tom bought for $250 last week. When Tom looks away, Joe picks up the pistol and places it in his pocket, then leaves, taking Tom’s pistol with him. What offense has occurred?
Theft-Felony
A person detonates a bomb without consent and with intent to destroy a building of another. The person committed what crime?
arson
While taking a purse from a 66-year-old victim, the actor knocks the woman down, causing her to receive a bruised elbow. He committed
aggravated robbery
_______________ means a decree, judgment, order, subpoena, warrant, minutes, or other document issued by a court of this state, another state, the United States, a foreign country recognized by an act of congress or a treaty or other international convention to which the United States is a party, an Indian tribe recognized by the United States, or any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the United States Constitution.
court record
What type of entry is necessary in the crime of “burglary?”
the intrusion of any part of the body or any physical object attached to the body
A municipal or county jail; or a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice.
secure correctional facility
A person causes an explosion with intent to destroy or damage and is reckless about whether the explosion will endanger the life of some individual. According to the Penal Code, the person has committed the offense of ________.
arson
A person commits an offence if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to a peace officer or federal special investigator conducting the investigation or any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation. A person could be charged with __________.
false report to a peace officer
A person steals a book from a store. When exiting the store, the thief pushes a sixty-five- year-old woman to the side. The victim received bodily injury. The actor committed
aggravated robbery
A lady possesses a valid Texas Handgun License and is carrying a compact Glock pistol in her purse. As she enters a local store, she notices a picture on the front door of a handgun inside a red circle with a line drawn diagonally across it and no other signs talk about weapons. What offense has occurred if she continues into the store?
no offense has been committed
A ______________ means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property if (a) the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan, or (b) the offenses are the repeated commission of the same or similar offenses.
criminal episode
A babysitter is taking care of a six-year-old child. The sitter disrobes and beings to masturbate in front of the child. The sitter can be charged with
indecency with a child
Which of the following is not a violation of Texas Penal Code?
Two persons of the same sex are seen kissing on the main street of the city
A person commits an offence if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another:
prostitution
punishment for a 3rd Degree Felony
10 years or less than 2 years, fine not to exceed $10,000.
In the Penal Code, DWI with a child passenger, a child being younger than ______?
15
A person remained hidden in a washroom until the department store closed with the intent to steal a necktie worth $3.00. He/she has committed ____________.
burglary
Which of the following persons cannot be charged with Murder for killing an unborn child?
The ancestor of an unborn child
____________________ means to restrain a person with intent to prevent his liberation by secreting or holding him in a place where he is not likely to be found; or using or threatening to use deadly force.
abduct
A person is intoxicated while operating a motor vehicle and she is involved in an accident that causes bodily injury. The most serious offense committed is
driving while intoxicated
A loaded shotgun is found in a pickup truck, which is parked in the parking lot of a local middle school. What offense has been committed?
places weapons prohibited
John (w/m 35yoa) walks up to Jane (w/f 16 yoa) while inside a shopping mall. Jane does not know John. Jane is the daughter of the Vice-President of IBM. John has his hands in his coat pockets and tells Jane that she is to do what he says, or he will kill her. John gives Jane commands to walk out of the mall to his vehicle. John threatens to shoot Jane if she makes any noise or overt moves. John makes a comment to Jane “your daddy is going to have to pay a bunch of money if he is ever going to see you again.” Based on this information, what would be the most appropriate charge you would file on John?
aggravated kidnapping
According to State Law: Penal Code 32.51, fraudulent use or possession of identifying information is a __________________.
felony
__________ means the kind of control which one-person exercises over another, not to confirm him within certain limits, but to subject him to the general authority and power of the person claiming such right.
restraint
__________ 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 commissioner’s court, or a rule authorized by and lawfully adopted under a statute.
law
A person disrupts a PTA or school board meeting; this offense is called
obstruction of meeting
Which of the following is the main difference between resisting arrest and evading arrest?
suspect uses force to avoid apprehension in resisting but merely runs away in evading
Capital Murder carries the below penalty:
(i) death penalty, (ii) imprisonment without Parole BOTH A&B
A person commits an offense if he or she ______ engages in offense.
voluntarily
Theft from a person without coercion or use of force is punishable as
theft
Which is NOT an offense under 42.01 PC Disorderly Conduct?
engages in sexual intercourse in a public place
If without the effective consent of the owner if he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner is to commit
criminal mischief
What effect does an affirmative defense to prosecution have in a criminal case?
excuses criminal responsibility if the affirmative defense is proven by a preponderance of evidence
_____________ means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law.
peace officer
An officer in a distinctive uniform enters a restaurant in response to a civil disturbance. Inside the restaurant, he asks the disputing individuals to calm down in order that he can restore order. One of the disputants draws a handgun and points it at the officer, telling him to leave them alone so that they can settle their own dispute or else. A back-up officer enters the restaurant from behind the man and is able to successfully challenge the man to put the gun down. The man is arrested for
aggravated assault
_____________________ means a structure or vehicle that is adapted for the overnight accommodation of persons.
habitation
_______________ means, any touching of the anus, breast, or any part of the genitals of another person with the intent to arouse or gratify the sexual desire of any person.
sexual contact
A couple is at their home and having a verbal argument. When the female attempts to call 9-1-1, the male yells that she cannot use his phone and jerks the phone line out of the wall plug. What offense has occurred?
interference with emergency telephone call
An individual has been raising pit bull dogs and training them to fight by making them fight each other. What offense, if any has, he committed?
Dog Fighting
A public servant acting under color of his or her office or employment commits _________ if he or she intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he or she knows is unlawful; intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing that his or her conduct is unlawful; or intentionally subjects another to sexual harassment.
official oppression
A person, who is not a handgun license holder, is carrying a handgun in his automobile. He is stop for speeding (10 miles over limit). Besides the speeding offense, this person can be charged with
no other offense from information given
Sec. 39.06 MISUSE OF OFFICIAL INFORMATION. A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that:
public servant has access to by means of his office or employment and has not been made public
Which of the following is a prohibited weapon?
a tire deflation device
According to Sec. 25.04 of the Penal Code, a person commits an offense if with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly persuades or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child. The title of this offense is
enticing a child
Engaging in an act of sexual intercourse in a public place or in public view is
public lewdness
A twenty-year-old girl has sexual intercourse with her sixteen-year-old boyfriend who consents and says that he wants to marry the girl. The girl has committed
sexual assault
A person commits ______________ if he or she is intoxicated while operating an amusement ride and causes the death of another by accident or mistake.
intoxication manslaughter
A person who knowingly solicits another to engage in sexual conduct with another person for compensation commits the offense of
promotion of prostitution
Perjury consists of making a false statement ______________.
(i) with intent to decieve, (ii) under oath, (iii) with knowledge of the statement's meaning ALL OF THE ABOVE
In a public place, a man verbally abuses his wife, and other individuals alert an officer. The husband can be charged with
disorderly conduct
A person is working on a billboard scaffold 20 feet off the ground. The worker negligently throws a tool to the ground without looking. The tool hits a person walking under the scaffold and kills the individual. What crime, if any, can the worker be charged with?
criminally negligent homicide
Under which of the following situations is a peace officer not justified in making an arrest?
Arresting the person protected by a court order who invites the prohibited person to her residence in violation of the protective order.
Two friends buy a boat together. One of the men becomes angry at the other and tears up the boat that they purchased together. What offense, if any, has been committed?
criminal mischief
A person reaches through an open car window and takes a CD worth $15. What offense has occurred?
burglary of vehicle
A person commits which offense if he makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest?
gambling
A person is asked to leave property that he does not have a right to occupy. The person refuses after receiving notice that his presence is no longer legal. He committed
criminal trespass
Peter has been terminated from the Post Office. In anger, he calls and states that there is a letter bomb in the mail. This causes the evacuation of the Post Office and the alert of the fire department and bomb squad. What offense has been committed?
terroristic threat
A person who engages in professional gambling (operates a gambling place, does bookmaking, is a custodian of bets, sells chances on various games/participants, sets up or promotes any lottery) commits
gambling promotion
A person steals a debit card with the intention of giving the card to his girlfriend to use to buy beer; he has committed
credit/debit card abuse
A person set a fire in his backyard to burn off dead grass; the fire got out of control and burned a neighbor’s fence. The crime is
reckless damage or destruction
According to Sec. 32.21 of Penal Code, a person commits an offense if he alters, makes, completes, executes, or authenticates a writing so that it purports to be a copy of an original when no original existed. This offense is
forgery
A 20-year-old man has sexual intercourse with a 16-year-old girl who consents because they are boy-and girlfriend. What offense, if any, was committed?
sexual assault
An individual adjudged guilty of a class A misdemeanor shall be punished by:
a fine not to exceed $4000
In the course of committing an aggravated robbery, the perpetrator exits the store and pushes a customer aside to escape. The customer hits their head and dies from the fall. The most serious crime committed is ______________.
murder
A person breaks into an attached garage, breaks into a vehicle parked within the garage, and steals a $1,500 computer from the back seat. According to the Penal Code, what is the most serious offense committed?
burglary of habitation
A person rents a lawn mower from a rental agency for a period of 30 days. Forty-five days later the subject does not return the lawn mower as agreed to in the contract. What offense, if any, did the subject commit?
theft of service
A man restricts his wife’s movements without her consent by confining her in their bedroom; after a day passes, he lets her go free. What crime, if any, did the man commit?
unlawful restraint
A person enters a department store during business hours and conceals herself inside the building until the store closes. The person then sneaks out of her hiding spot and commits a theft. She committed
burglary
A person commits an offense if, during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20A.03” is a definition of what offense?
continuous trafficking of persons
Joe allowed Joan, a 17-year-old run-away to stay at his house for two weeks and did not bother to call the police or her parent’s, knowing Joan was a runaway. This is…
harboring a runaway
___________ Any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
Official proceeding
A person commits “aggravated sexual assault” if the person intentionally or knowingly cases the penetration of the anus or female sexual organ of a person by any means:
all of the listed answers are aggravated sexual assault
A man walks into a store and demands all the money in the register, or he will kill the clerk. The clerk gives the perpetrator money from the register and the suspect leaves the store. After catching the person, you charge him with
robbery
Punishment for a third-degree felony is
2 to 10 years in state penitentiary and a $10,000 fine.
Robbery differs from theft and burglary in that it involves
force or threat of force
A person steals an old lawn mower worth $40 out of an old storage shed that is falling apart. What offense has occurred?
burglary of building
_____________ includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies.
corporation
You make a traffic stop on a person that is transporting a 26” rifle with a 16” barrel. What offense, besides the traffic offense, has been committed?
no offense
According to Sec. 43.05 of the Penal Code, if a man makes a 16-year-old girl a prostitute, what offense has he committed?
compelling prostitution
Deputy Dollar lives in a neighborhood with a homeowner’s association that is concerned about crime. Deputy Dollar goes to the HOA meetings. He assures them that a small fee, he can utilize his patrol car to provide extra patrol in the neighborhood while on duty and keep all of the residents safe even though his neighborhood is not in his patrol district. Deputy Dollar and the HOA agree on a reasonable payment schedule, and he begins extra patrol in his neighborhood. Deputy Dollar committed what offense?
Abuse of official capacity for receiving a benefit while using government property and on duty.
Detention Officer Dan works inside the county jail and is assigned to the fourth floor, which houses the facility’s female Inmates. Detention Officer Dan frequently requests sexual favors from Inmate Cookie Cooper in exchange for extended time in the Law Library. What offense if any has Detention Dan committed?
official oppression
A person commits an offense if he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution. What crime is this?
obscene display or distribution
The vehicle is parked inside the garage at a home with the garage door open. A person steals property valued at $1,000 that is sitting on the front seat from the vehicle. The person has committed
burglary of habitation
To tamper knowingly with tangible property of another and thereby cause a substantial inconvenient to the property owner is to commit
criminal mischief
A couple is at their home and having a verbal argument. When the female attempts to call 9-1-1, the male yells that she cannot use his phone and jerks the phone line out of the wall plug. What offense has occurred?
interference with Emergency Telephone Call
A belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
reasonable belief
A person steals a six pack of beer from a store. While he is leaving the store the clerk blocks the exit door. The man verbally threatens to assault the clerk and the clerk moves out of the way. What offense was committed?
robbery
A lady possesses a valid Texas Handgun License and is carrying a compact Glock pistol in her purse. As she enters local store, she notices a picture on the front door of a handgun inside a red circle with a line drawn diagonally across it and no other signs talk about weapons. What offense has occurred if she continues into the store?
no offense has been committed
What kind of entry is required for criminal trespass?
the entire body in every case
A person in a public tavern screams obscenities at patrons in the bar; the patrons are obviously upset. The person committed
disorderly conduct
A man in the front row of a crowded movie theater stands up and “moons” everyone. What offense, if any, did he commit?
disorderly conduct
Officers identify a witness at the scene of an offense who provides the officers with her correct name but gives the officer an incorrect address. She can be charged with
failure to identify
What is the minimum level of blood-alcohol concentration (B.A.C.) that defines a person as being intoxicated in the state of Texas?
.08
A person commits an offense if the person employs, authorizes, or induces a child to work in a sexually oriented commercial activity; or in any place of business permitting, requesting, or requiring a child to work nude or topless is the definition of ________________________.
employment harmful to children
“Alcohol Concentration” means the number of grams of alcohol per:
(i) 210 liters of breath, (ii) 100 milliliters of blood, and/or (iii) 67 milliliters of urine ALL OF THE ABOVE
Which of the following is a prohibited weapon?
A shotgun that is less than 26 inches long
_________ means a threat to commit an offense, to inflict bodily injury in the future on the person threatened or another, to accuse a person of any offense, to expose a person to hatred, contempt, or ridicule, to harm the credit or business repute of any person, to take or withhold action as a public servant, or to cause a public servant to take or withhold action.
coercion
In the course of committing an aggravated robbery, the perpetrator exits the store and pushes a customer aside to escape. The customer hits their head and dies from the fall. The most serious crime committed is ______________________.
murder
In PC 38.14 Taking or Attempting to Take Weapon from Peace Officer, what weapon(s) is/are listed in the statute?
(i) firearm, (ii) nightstick, (iii) stun gun ALL OF THE ABOVE ARE LISTED
Which of the following is an example of arson?
A person sets fire to a vehicle on his own property outside the city limits and there is a unpaid lien on the vehicle
Which of the following is not one of the culpable mental states that are defined in the Texas Penal Code?
criminal conspiracy
According to Sec. 20.02 of the Penal Code, a person commits _________ if he intentionally or knowingly restrains another person and recklessly exposes the victim to a substantial risk of serious bodily injury.
unlawful restraint
According to the Penal Code, a person commits the offense of theft if they ________ appropriate property with intent to deprive the owner of the property.
unlawfully
Which of the following is a prohibited weapon?
a zip gun
A person takes a business client to a hotel where he has arranged sexual entertainment for the evening. The next day, the client gives the person $500 for a wonderful evening. The person gives the lady $200 and a $50 tip. What offense, if any, has been committed by the person?
Promotion of Prostitution
A person offers money to a witness in exchange for testimony that is otherwise correct if he just forgets to mention the second suspect that acted as the lookout. What offense has occurred?
tampering with witness
A person commits an offense if the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than _____ years of age at the time the image of the child was made who is engaging in sexual conduct, including a child who engages in sexual conduct as a victim.
18
What type of entry is required for “burglary of a vehicle?”
Any part of the body or anything attached to the body
If a man intentionally grabs a woman’s breast (under the shirt) in a public place with the intent to gratify himself sexually he has committed the offense of
public lewdness
A male person is at a night club and looks in the girls’ restroom to see if he can catch a glimpse at any partially clothed women. What offense has occurred?
disorderly conduct
Means any touching of the anus, breast, or any part of the genitals of another person with the intent to arouse or gratify the sexual desire of any person.
sexual contact
Penal Code 42.055 Funeral Service Disruptions: A person commits an offense if, during the period beginning _____ hours before the service begins and ending ____ hours after the service is completed, the person engages in picketing within 1,000 feet of a facility or cemetery being used for a funeral service.
3, 3
According to Sec. 32.31 of the Penal Code, a person commits the offense of ___________________ if, with intent to obtain a benefit fraudulently, he uses a credit card with knowledge that the card was not issued to him and he does not have the effective consent of the card owner to use the card.
credit card abuse
Which culpable mental state refers to a person’s awareness of but conscious disregard of a substantial and unjustifiable risk that the circumstances exist, or the result will occur?
reckless
No person may be convicted of an offense unless each element of the offense is proved ___________________.
beyond a reasonable doubt
A person commits ____________ if he or she intentionally or knowingly causes the death of a pregnant woman.
murder
According to Sec. 36.06 of the Penal Code, a person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act on account of the victim’s testifying in court. The offense would be:
obstructing or retaliation
Unauthorized use of a vehicle is if the person intentionally or knowing operated another person’s ________________ without effective consent.
airplane
Sec. 39.03. OFFICIAL OPPRESSION. In this section, ___________________ means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person’s exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.
sexual harassment
In the immediate flight after committing a theft in a store, the offender bumps into a woman, knocking her down and causing bodily injury. The offender should be charged with
robbery
A man is walking down the street with his wife asking her if their children have been doing well. A valid protective order exists that states the man cannot go within 100 feet of his wife due to past family violence. What offense has occurred?
Violations of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking or Trafficking Case
Under Sec. 71.02: Engaging in Organized Criminal Activity, which does NOT fall under this topic as an offense?
smoking Tobacco
A person finds an open door to a residence. The person goes inside and discovers that nobody is home. The person looks for money or jewelry that he could take but gets scared and leaves without taking anything. What offense has occurred?
burglary of habitation
Which of the following factors most generally contributes to the mental and emotional injury to a child and is punishable under PC 22.04?
act of abuse
______ is a failure to act.
omission
Which culpable mental state refers to a person’s conscious objective or desire to engage in a conduct or cause a result?
intentional
A “_________________” is three or more person having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.
criminal street gang
A person commits an offense if the person knowingly causes another by force, threat, or fraud to commit prostitution; or causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of the offense is the definition of _______________.
compelling Prostitution
A person threatens to beat up a woman confined to a wheelchair if she does not give him her purse. The woman is afraid and hands over the purse and its contents with a total value of $250. The person flees without hurting the woman. What offense has occurred?
aggravated robbery
In the course of attempting to capture an armed robber, an officer draws her duty weapon when the robber exits a convenience store. The armed robber points a handgun in the officer's direction and fires one round. Although there are many people on the sidewalk behind the robber, the officer returns fire, wounding the robber; however, an errant round kills an innocent person behind the robber. Internal affairs decides that the officer acted recklessly when she fired her duty weapon. What offense, if any, did the officer commit?
manslaughter
A man is in the course of a robbery; at this time, a customer enters the store, and the robber shoots the customer in the head, and he dies. The actor is charged with
capital murder
In a public dressing room of a department store, a seventeen-year-old high school student puts on a sweater underneath his coat and walks out of the store without paying for the sweater. What crime if any has been committed?
Theft
To intentionally or knowingly “abduct” another person is the crime of …
kidnapping
A person commits an offense if he intentionally or knowingly abducts another person. This definition would best fit the offense of
kidnapping
A person commits ________________ if he or she knowingly transports another person with the intent that the person engages in forced labor or services.
trafficking of a person
John Smith abducted Jane Smith. The fact that Jane Smith is John Smith's daughter, John did not use deadly force and John's sole intent was to assume lawful control is ____________________________ for John Smith.
an affirmative defense to prosecution
Two parents are involved in a court custody battle regarding their ten-year old child who resides with the mother. With intent to interfere with the lawful custody, the father takes a child from the mother’s care. The father can be charged with
interference with child custody
Unauthorized use of a vehicle in a state jail felony if a person intentionally or knowingly operated another person’s ___________________. (
(i) boat, (ii) airplane, (iii) motor-propelled vehicle ANY OF THE ABOVE
A person intends to interfere with the lawful custody of a child who is 17 years old from a parent that is involved in a custody battle and persuades the child to go to the bus station where a ticket is waiting. The child gets on the bus without the parent’s permission and goes to visit the person buying the ticket. What offense did the person commit?
enticing a child
Whenever a person causes a reaction by police, of any type, by threatening to explode a bomb, which of the following offenses has been committed?
terroristic threat
Without a concealed handgun license, a woman carries a gun in her purse. She opens her purse at the grocery store check out counter. The gun falls out of purse and discharges. What offense, if any, was committed?
unlawfully carrying a weapon
Johnny Silvertongue reports a burglary to his residence. Johnny tells the deputy he just got out of jail and upon return to his home, a TV and several pieces of furniture were removed from his bedroom while he was incarcerated. You read the arrest report on the MDT and the scene summary the original arresting deputy stated that particular bedroom was completely empty. What crime, if any, has been committed?
false report to peace officer
A person steals a six pack of beer from a store. While leaving the store he knocks down a 65-year-old man, causing bodily injury. What offense was committed?
aggravated robbery
A thirteen-year-old boy consents to sexual intercourse with his twenty-year-old girlfriend. What offense, if any, can be charged in this case?
aggravated sexual assault
In reference to Penal Code 30.05 – Criminal Trespass, “entry” on property of another would include which of the following?
The entire body
A person finds a vehicle unlocked and running outside of a convenience store. The person enters the vehicle and takes it for a short joy ride. The person returns the vehicle ten minutes later without the vehicle’s owner ever noticing it was missing. What offense has occurred?
unauthorized use of a vehicle
According to Section 42.02, a riot means the assemblage of ____________ or more persons.
seven
A person uses spray paint to tag the outside wall of the rival high school’s building causing damage valued at $2000. What offense has occurred?
graffiti - felony
What offense has been committed when a nurse at a nursing home purposefully pills to give an 80-year-old man his prescribed medicine?
injury to an elderly person
An officer observes a male and female having sex on the hood of a car in the parking lot of a bar. What offense has occurred?
public lewdness
Sec 39.03 Official Oppression. A public servant acting under Color of Law or Office, or Employment commits the offense if he:
intentionally subjects another to sexual harassment
Hoss Trader stole a credit card from his friend's wallet, drove to Cavender's Boot City, picked out a pair of boots, brought the boots to the checkout counter and presented his friend's credit card for payment for the boots. The teller recognized the name on the credit card as being her old boyfriend, called the police and had Hoss Trader arrested. What would be the proper charge filed on Hoss?
credit card abuse
PC 31.03 A person is visiting a relative's residence. The person notices a revolver worth $600 in a drawer in the end table in the living room. When the relative leaves the room for a moment, the person steals the revolver. What offense has occurred?
theft - firearm
A prohibited weapon does not include which of the following weapons?
pistol
A person commits an offense if he intentionally and knowingly restrains another person. If the victim is under than 17 years old, what is the penalty?
State Jail Felony
Criminal Attempt occurs when a person, with specific intent to commit an offense, does an act amounting to more than mere preparation that tends but fails to affect the commission of the offense. An offense of Criminal Attempt is punishable by what offense punishment level?
one category lower than the offense attempted
Suspect A enters a convenience store, puts his hand in his pocket, and points his finger like a gun at the clerk through his jacket while demanding “all the money in the cash register”. The clerk puts the money into a sack and hands it to Suspect A, who runs out of the store. What crime has been committed?
robbery
Two young men are wrestling like their favorite TV wrestling stars. One throws the other over the couch and onto a glass table that shatters and cuts a major artery, causing the other person to bleed to death before help arrives. If a criminal homicide were charged, which would be most appropriate?
criminally negligent homicide