CCP 2014 Test Flashcards

0
Q

ART 12.01 PAGE 4
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIMES OF MURDER AND MANSLAUGHTER?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

A) NO LIMITATION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

ART 12.01 PAGE 4
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIMES OF THEFT OF ANY ESTATE, REAL, PERSONAL OR MIXED BY AN ADMINISTRATOR…?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

ART 12.01 PAGE 4
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF MISAPPLICATION OF FIDUCIARY PROPERTY OR PROPERTY OF A FINANCIAL INSTITUTION?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

ART 12.01 PAGE 4
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF THEFT OR ROBBERY?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

ART 12.01 PAGE 4
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF *SEXUAL PERFORMANCE BY A CHILD, *AGGRAVATED KIDNAPPING WITH THE INTENT TO VIOLATE OR ABUSE THE VICTIM-CHILD SEXUALLY, OR *BURGLARY WITH THE INTENT TO VIOLATE OR ABUSE THE VICTIM-CHILD SEXUALLY - IF THE VICTIM IS YOUNGER THAN 17 YEARS OF AGE AT THE TIME THE OFFENSE IS COMMITTED

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE

IF THE VICTIM IS YOUNGER THAN 17 YEARS OF AGE AT THE TIME THE OFFENSE IS COMMITTED

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

ART 12.01 PAGE 4
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIMES OF TRAFFICKING OF PERSONS-CHILD FOR FORCED LABOR OR SERVICES OR RECEIVES BENEFIT FOR TRAFFICKING CHILD FOR FORCED LABOR OR SERVICES; INJURY TO A CHILD; COMPELLING PROSTITUTION OF A CHILD YOUNGER THAN 18 AND BIGAMY UNDER THE APPEARANCE OF BEING MARRIED TO A CHILD YOUNGER THAN 18?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

ART 12.01 PAGE 4
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIMES OF SEXUAL ASSAULT OF A CHILD AND AGGRAVATED SEXUAL ASSAULT OF A CHILD? (CHILD MEANS A PERSON YOUNGER THAN 17 YEARS OF AGE)

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

A) NO LIMITATION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

ART 12.01 PAGE 4
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIMES OF SEXUAL ASSAULT, IF DURING THE INVESTIGATION OF THE OFFENSE BIOLOGICAL MATTER IS COLLECTED AND SUBJECTED TO FORENSIC TESTING THAT DOES NOT MATCH THE VICTIM OR ANY PERSON WHOSE IDENTITY IS READILY ASCERTAINED?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

A) NO LIMITATON

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF CONTINUOUS SEXUAL ABUSE OF A YOUNG CHILD OR CHILDREN AND INDECENCY WITH A CHILD?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

A) NO LIMITATION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF TRAFFICKING OF PERSONS - CHILD BY ANY MEANS AND CAUSES THE CHILD TO ENGAGE IN OR BECOME THE VICTIM OF* CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN - PROSTITUTION - POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY* OR RECEIVES BENEFIT FROM PARTICIPATING IN A VENTURE OF THE ACTIVITY DESCRIBED?
(CHILD MEANS A PERSON YOUNGER THAN 18 YEARS OF AGE - TRAFFICKING)

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

A) NO LIMITATION

***VICTIM OF THESE ACTIVITIES****
CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN
INDECENCY WITH A CHILD
SEXUAL ASSAULT
AGGRAVATED SEXUAL ASSAULT
PROSTITUTION
PROMOTION OF PROSTITUTION
AGGRAVATED PROMOTION OF PROSTITUTION
COMPELLING PROSTITUTION
SEXUAL PERFORMANCE BY A CHILD
EMPLOYMENT HARMFUL TO CHILDREN
POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF CONTINUOUS TRAFFICKING OF PERSONS AND AN OFFENSE INVOLVING LEAVING THE SCENE OF AN ACCIDENT IF THE ACCIDENT RESULTED IN THE DEATH OF A PERSON?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

A) NO LIMITATION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF THEFT BY A PUBLIC SERVANT OF GOVERNMENT PROPERTY OVER WHICH HE EXERCISES CONTROL IN HIS OFFICIAL CAPACITY?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF FORGERY OR THE UTTERING, USING OR PASSING OF FORGED INSTRUMENTS?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF INJURY TO AN ELDERLY OR DISABLED INDIVIDUAL PUNISHABLE AS A FELONY OF THE 1ST DEGREE?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

B) TEN YEARS FROM THE DATE OF TEH COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF SEXUAL ASSAULT WHERE BIOLOGICAL MATTER IS NOT COLLECTED…..?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF ARSON?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

ARSON = 10 YEARS FROM THE DATE…..

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF TRAFFICKING OF PERSONS (ADULTS) FOR FORCED LABOR OR SERVICES, –RECEIVES BENEFIT…; CAUSED TO ENGAGE IN PROSTITUTION, PROMOTION…, AGGRAVATED PROMOTION…, OR COMPELLING PROSTITUTION, –RECEIVES BENEFIT….?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF MONEY LAUNDERING, FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT, A FELONY VIOLATION UNDER TAX CODE, AND CREDIT CARD OR DEBIT CARD ABUSE?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF BIGAMY, FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION, AND MEDICAID FRAUD?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF KIDNAPPING AND BURGLARY (NOT INVOLVING THE SEXUAL ASSAULT/ABUSE OF A CHILD)?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF INJURY TO AN ELDERLY OR DISABLED PERSON NOT PUNISHABLE AS A 1ST DEGREE FELONY?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

ART 12.01 PAGE 4-6
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF ABANDONING OR ENDANGERING A CHILD OR INSURANCE FRAUD?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

ART 12.01 PAGE 4
WHAT IS THE FELONY INDICTMENT THAT MAY BE PRESENTED WITHIN THESE LIMITS AND NOT AFTERWARD FOR THE CRIME OF POSSESSION OF A CONTROLLED SUBSTANCE, DRUG, OR DANGEROUS DRUG THAT IS A FELONY, OR ANY OTHER FELONY THAT IS NOT SPECIFICALLY GIVEN A LIMITATION?

A) NO LIMITATION
B) TEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
C) SEVEN YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
D) FIVE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE
E) TWENTY YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
F) TEN YEARS FROM THE 18TH BIRTHDAY OF THE VICTIM OF THE OFFENSE
G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

A

G) THREE YEARS FROM THE DATE OF THE COMMISSION OF THE OFFENSE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Page 21 / Art 38.03

All persons are presumed to be innocent and no person may be convicted of an offense unless:

A) each element of the offense is proved beyond a reasonable doubt

B) each element of the offense is proved beyond a reasonable suspicion

C) each element of the offense is proved beyond a preponderance of evidence

D) any element of the offense is proved beyond a probable cause

A

A) each element of the offense is proved beyond a reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Page 21 - 22 / Art 38.071

Testimony of Child who Is Victim of OFFENSE : This article applies ONLY to a hearing or proceeding in which the court determine that a child younger than ___ years of age would be unavailable to testify in the presence of the defendant about an Offense of MURDER, CAPITAL MURDER, ETC.

A) 14
B) 10
C) 17
D) 13

A

D) 13

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Page 21 - 22 / Art 38.071

Testimony of Child who Is Victim of OFFENSE : This article applies ONLY to a hearing or proceeding in which the court determine that a child younger than 13 years of age would be unavailable to testify in the presence of the defendant about an Offense of:

A) CAPITAL MURDER
B) MURDER
C) MANSLAUGHTER
D) AGGRAVATED KIDNAPPING
E) ALL OF THE ABOVE
A

E) ALL OF THE ABOVE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Page 21 - 22 / Art 38.071

Testimony of Child who Is Victim of OFFENSE : This article applies ONLY to a hearing or proceeding in which the court determine that a child younger than 13 years of age would be unavailable to testify in the presence of the defendant about an Offense of:

A) Indecency with a child 
B) Robbery
C) Theft of motor vehicle
D) Possession of CS PG 1
E) ALL OF THE ABOVE
A

A) indecency with a Child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Page 21 - 22 / Art 38.071

Testimony of Child who Is Victim of OFFENSE : This article applies ONLY to a hearing or proceeding in which the court determine that a child younger than 13 years of age would be unavailable to testify in the presence of the defendant about an Offense of:

A) Sexual Assault
B) Aggravated Kidnapping
C) Aggravated Sexual assault
D) Aggravated assault
E) ALL OF THE ABOVE
A

E) all the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Page 21 - 22 / Art 38.071

Testimony of Child who Is Victim of OFFENSE : This article applies ONLY to a hearing or proceeding in which the court determine that a child younger than 13 years of age would be unavailable to testify in the presence of the defendant about an Offense of:

A) Prostitution
B) Robbery
C) Kidnapping
D) Injury to a child, Elderly individual, or disabled
E) ALL OF THE ABOVE
A

D) injury to a child, elderly individual, or disabled individual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Page 21 - 22 / Art 38.071

Testimony of Child who Is Victim of OFFENSE : This article applies ONLY to a hearing or proceeding in which the court determine that a child younger than 13 years of age would be unavailable to testify in the presence of the defendant about an Offense of:

A) COMPELLING PROSTITUTION
B) SEXUAL PERFORMANCE OF A CHILD
C) PROHIBITED SEXUAL CONDUCT
D) AGGRAVATED ROBBERY
E) ALL OF THE ABOVE
A

E) ALL OF THE ABOVE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Page 21 - 22 / Art 38.071

Testimony of Child who Is Victim of OFFENSE : This article applies ONLY to a hearing or proceeding in which the court determine that a child younger than 13 years of age would be unavailable to testify in the presence of the defendant about an Offense of:

A) Continuous sexual abuse of Young Child or Children 
B) Trafficking of Persons
C) Assault
D) Burglary
E) A and B are correct
F) all of the above
A

E) Both A and B

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Page 27 Art 38.07

Hearsay Statement of Certain Abuse Victims applies to:

A) Prohibited Sexual Conduct; Sexual Performance by a Child; Compelling Prostitution; Trafficking of Person; to include any Criminal Attempt of the listed offenses against a child younger than 17 years of age or persons with a disability

B) Prohibited Sexual Conduct; Sexual Performance by a Child; Compelling Prostitution; Trafficking of Person; to include any Criminal Attempt of the listed offenses against a child younger than 18 years of age.

C) Prohibited Sexual Conduct; Sexual Performance by a Child; Compelling Prostitution; Trafficking of Person; to include any Criminal Attempt of the listed offenses against a child younger than 14 years of age or persons with a disability.

D) Prohibited Sexual Conduct; Sexual Performance by a Child; Compelling Prostitution; Trafficking of Person; to include any Criminal Attempt of the listed offenses against a child younger than 17 or persons with a disability.

A

C) Prohibited Sexual Conduct; Sexual Performance by a Child; Compelling Prostitution; Trafficking of Person; to include any Criminal Attempt of the listed offenses against a child younger than 14 years of age or persons with a disability.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

PAGE 29 / ART 38.17

TWO WITNESSES REQUIRED. IN ALL CASES WHERE, BY LAW, TWO WITNESSES, OR ONE WITH CORROBORATING CIRCUMSTANCES, ARE REQUIRED TO AUTHORIZE A CONVICTION, IF THE REQUIREMENT BE NOT FULFILLED, THE COURT SHALL INSTRUCT THE JURY TO:

A) RENDER A VERDICT OF ACQUITTAL, AND THEY ARE BOUND BY THE INSTRUCTION
B) RENDER A VERDICT OF BY INNOCENT BY INSUFFICIENT EVIDENCE, AND THEY ARE BOUND BY THE INSTRUCTION
C) RENDER A VERDICT OF GUILTY OR INNOCENT, AND THEY ARE NOT BOUND BY THE INSTRUCTION
D) RENDER A VERDICT OF INNOCENT OR GUILTY, AND THEY ARE BOUND BY THE INSTRUCTION.

A

A) RENDER A VERDICT OF ACQUITTAL, AND THEY ARE BOUND BY THE INSTRUCTION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

PAGE 29 / 38.18

NO PERSON MAY BE CONVICTED OF:

A) PERJURY IF PROOF THAT HIS STATEMENT IS FALSE REST SOLELY UPON THE TESTIMONY OF ONE WITNESS INCLUDING THE DEFENDANT.
B) PERJURY OR AGGRAVATED PERJURY IF PROOF THAT HIS STATEMENT IS FALSE REST SOLELY UPON THE TESTIMONY OF ONE WITNESS OTHER THAN THE DEFENDANT.
C) PERJURY OR AGGRAVATED PERJURY IF PROOF THAT HIS STATEMENT IS FALSE REST SOLELY UPON THE TESTIMONY OF ONE WITNESS INCLUDING THE DEFENDANT.
D) AGGRAVATED PERJURY IF PROOF THAT HIS STATEMENT IS FALSE REST SOLELY UPON THE TESTIMONY OF TWO OR MORE WITNESSES OTHER THAN THE DEFENDANT.

A

B) PERJURY OR AGGRAVATED PERJURY IF PROOF THAT HIS STATEMENT IS FALSE REST SOLELY UPON THE TESTIMONY OF ONE WITNESS OTHER THAN THE DEFENDANT.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

PAGE 29 / ART. 38.21

A STATEMENT OF THE ACCUSED:

A) MAY NEVER BE USED AGAINST HIMSELF (SELF-INCRIMINATION)
B) MAY BE USED AGAINST HIM INVOLVING THE CONVICTION OF PERJURY OR AGGRAVATED PERJURY.
C) MAY BE USED AGAINST HIM IF IT APPEARS THAT THE SAME WAS FREELY AND VOLUNTARILY MADE WITH COMPULSION OR PERSUASION.
D) MAY BE USED AGAINST HIM IF IT APPEARS THAT THE SAME WAS FREELY AND VOLUNTARILY MADE WITHOUT COMPULSION OR PERSUASION.

A

D) MAY BE USED AGAINST HIM IF IT APPEARS THAT THE SAME WAS FREELY AND VOLUNTARILY MADE WITHOUT COMPULSION OR PERSUASION.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

PAGE 29 / ART 38.101

A COMMUNICATION TO ANY PERSON INVOLVED IN THE TREATMENT OR EXAMINATION OF DRUG ABUSERS BY A PERSON BEING TREATED VOLUNTARILY OR BEING EXAMINED FOR ADMISSION TO VOLUNTARY TREATMENT FOR DRUG ABUSE IS ______________.

A) ONLY ADMISSIBLE FOR A VIOLENT FELONY OFFENSE.
B) NOT ADMISSIBLE
C) ADMISSIBLE FOR ALL FELONY OFFENSES
D) WILL BE USED FOR STATISTICAL AND RESEARCH PURPOSES ONLY.

A

B) NOT ADMISSIBLE

MAY BE USED FOR STATISTICAL AND RESEARCH PURPOSES IF THE NEMES OF THE PATIENTS ARE NOT REVEALED

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

PAGE 29 / 38.14

A CONVICTION CANNOT BE HAD UPON THE TESTIMONY OF AN ACCOMPLICE:

A) UNLESS THE ACCOMPLICE SIGNED A STATEMENT OF CONFESSION WITH THE PROSECUTOR IN A PLEA AGREEMENT
B) UNLESS CORROBORATED BY OTHER EVIDENCE THAT MERELY SHOWS THE COMMISSION OF THE OFFENSE.
C) UNLESS CORROBORATED BY OTHER EVIDENCE CONNECTING THE DEFENDANT WITH THE OFFENSE COMMITTED AND THE CORROBORATION IS NOT SUFFICIENT IF IT MERELY SHOWS THE COMMISSION OF THE OFFENSE.
D) UNLESS CORROBORATED BY OTHER EVIDENCE CONNECTING THE DEFENDANT WITH THE OFFENSE COMMITTED AND THE CORROBORATION IS SUFFICIENT IF IT MERELY SHOWS THE COMMISSION OF THE OFFENSE.

A

C) UNLESS CORROBORATED BY OTHER EVIDENCE CONNECTING THE DEFENDANT WITH THE OFFENSE COMMITTED AND THE CORROBORATION IS NOT SUFFICIENT IF IT MERELY SHOWS THE COMMISSION OF THE OFFENSE.

37
Q

PAGE 29 / 38.141

WHOSE TESTIMONY CAN A DEFENDANT BE CONVICTED OF AN OFFENSE UNDER CHAPTER 481, HEALTH AND SAFETY CODE WITHOUT THE TESTIMONY BEING CORROBORATED BY OTHER EVIDENCE TENDING TO CONNECT THE DEFENDANT WITH THE OFFENSE COMMITTED?

A) A LICENSED PEACE OFFICER
B) A SPECIAL INVESTIGATOR
C) A PERSON WHO IS ACTING COVERTLY ON BEHALF OF THE PERSONS LISTED IN (A) AND (B)
D) ONLY (A) AND (B)
E) (A), (B), AND (C)
A

D) ONLY (A) AND (B)

38
Q

What means a two-way electronic communication of image and sound between a person and magistrate and includes secure Internet videoconferencing?

A

Electronic broadcast system

39
Q

Page 10 15.04

What is the affidavit made before the magistrate or district or county attorney if it charges the commission of an offense?

A

Complaint

40
Q

Page 13-14 18.01

A search warrant may not be issued under subdivision 10 of article 18.02 of this code to search for and seize property or items that are not describe in subdivisions 1 through 9 of that article and that are located in what locations?

A

An office of a newspaper, news magazine, television station, or radio station.

(furthermore, in no event may property or items not described in subdivisions one through nine of that article illegally seized in any search pursuant to the search warrant of those locations)

41
Q

Page 12 18.01

What is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commending him to search for and photograph a child and to deliver to the magistrate any of the film expose pursuant to the order?

A

Search warrant

42
Q

Page 12
In case of ________, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.

A

Felony

43
Q

Page 35 38.31

__________ means a person who has a hearing impairment, regardless of whether the person also has speech impairment, that inhibits the person’s comprehension of the proceedings or communication with others.

A

Deaf person

44
Q

Page 35
___________ means an interpreter for the deaf who holds a current legal certificate issued by the national Registry of interpreters for the deaf or current court interpreter certificate issued by the board of evaluation of interpreters at the Department of assistive and rehabilitative services.

A

Qualified interpreter

45
Q

Page 35. Art 38.34

_________ means any tangible personal property.

A

Property

46
Q

Page 35. Art 38.34

The photograph of property that a person is alleged to have unlawfully appropriated with the intent to deprive the owner of the property is _________ into evidence under rules of law governing the admissibility of photographs.

A

Admissible

The photograph is admissible in evidence as is the property itself.

47
Q

Page 35. Art 38.35

_____________ includes a public or private laboratory other entity that conducts a forensic analysis subject to this article.

A

Crime laboratory

48
Q

Page 35. Art 38.35

___________ includes an investigation, complaint, arrest, bail, bond, trial, appeal, punishment, or other matter related to conduct proscribed by a criminal offense.

A

Criminal action

49
Q

Page 35. Art 38.35

___________ means the public safety director of the Department of Public Safety.

A

Director

50
Q

Page 35. Art 38.35

___________ means a medical, chemical, toxicologic, ballistic, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action.

A

Forensic analysis

51
Q

Page 35-36. Art 38.35

Forensic analysis includes an examination or test requested by a law-enforcement agency, prosecutor, criminal suspect or defendant, or court.
The term does include:
A) DNA EVIDENCE
B) latent print examination
C) A test of the specimen of breath under Chapter 724, transportation code (BAC)
D) digital evidence
E) an examination for test excluded by rule under section 411.0 205 (c), government code
F) an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation
G) ALL OF THE ABOVE

A

A) DNA EVIDENCE

52
Q

Page 36. Art 38.35

___________ means any tangible object, thing, or substance relating to the criminal action.

A

Physical evidence

53
Q

Page 18. Art 18.21

This section applies to a warrant required under section 4 to obtain electronic customer data, including the contents of a wire communication or electronic communication.

The peace officer shall execute the warrant not later than the _____ after the date of issuance.

A) 10th day
B) 11th day
C) 15 whole days
D) (3) three whole days if the warrant is issued for a purpose other than that described by subdivision (1) or (2) of article 18.07

A

B) 11th day

Article 18.07 Days Allowed for Warrant to Run.
(1) 15 whole days solely for DNA analysis

(2)10 whole days if the warrant is issued under section 5A, Article 18.21 (listed in both sections)

Three whole days if the warrant is issued for a purpose other than described by subdivision (1) or (2)

54
Q

Page 18 ART 18.21 (h)

A warrant under the section, to obtain electronic customer data, may be served only on ___________ that is a domestic entity or a company or entity otherwise doing business in this state under the contract or terms of service agreement with the resident of this state, if any part of that contract or agreement is to be performed in this state.

A) the internet provider
B) the "cloud" representative and provider
C) the service provider
D) the Voyeur Web provider
E) James Sanford
A

C) the service provider

The service provider shall produce all electronic customer data, contents of communications, and other information sought, regardless of where the information is held and within the period Allowed for the compliance with the warrant, as provided by subsection (j).

55
Q

Page 19 ART 18.21

A search warrant issued under this section, to obtain electronic customer data, is served when the authorized peace officer delivers the warrant by:

A) hand
B) facsimile transmission
C) in a manner allowing proof of delivery
D) means of United States mail or a private delivery service
E) all of the above

A

E) all of the above

Service provider has 15 business days to provide the information, may be extended by district court not later than “the 30th day” not business days* after the warrant was issued.
Page 20 (1) The authorized peace officer who applied for the warrant or other appropriate authorized peace officer agrees to the extension or
(2) the district judge finds that the need for the extension outweighs the likelihood that the extension will cause an adverse circumstance described by subsection (j)

56
Q

Page 19 ART 18.21

The District Judge shall indicate in the warrant that the deadline for compliance by the provider of an electronic communication service or the provider of a remote computing service is the __________ after the date the warrant is served if the warrant is to be served on a domestic entity or a company or entity otherwise doing business in the state.

A) 10th day
B) 5th business day
C) 10th business day
D) 15th business day
E) 30th business day
A

D) 15th business day

Except that the deadline for compliance with the warrant served in accordance with section 5.251, business organizations may be extended to a date that is not later than the 30th day after the date of the warrant was served. The judge may indicate in the warrant that the deadline for compliance is earlier than the 15th business day after the date the warrant served if the officer makes a showing and the judge finds that failure to comply with the warrant by the earlier deadline would cause serious jeopardy to an investigation, cause undue delay of a trial, or create a material risk of danger to the life or physical safety of any person, flight from prosecution, the tampering with her destruction of evidence, or intimidation of potential witnesses.

57
Q

Page 37. Art 38.36

In prosecution for murder if the defendant raises _____________ provided by section 9.31, 9.32, or 9.33, Penal Code, the defendant, in order to establish the defendants reasonable believe that the use of force or deadly force was immediately necessary, shall be permitted to offer:

A

a defense of justification

(1) relevant evidence that the defendant had been the victim of acts of family violence committed by the deceased, as family violence is defined by section 71.004, family code; and
(2) relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence that are the basis of the expert’s opinion.

58
Q

Page 38 ART 38.39

In trials involving an allegation of a continuous scheme of ________ alleged to have been committed against a large class of victims in an aggregate amount or value, it need not be approved by direct evidence that each alleged victim did not consent or did not effectively consent to the transaction in question.

A

fraud or theft

59
Q

Page 40. Art 38.43

__________ means:

(1) The contents of a sexual examination kit;
(2) any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, body fluids, or any other identifiable biological material that was collected as part of an investigation of an alleged FELONY offense or conduct constituting a FELONY offense that might reasonably be used to establish the identity of a person or exclude a person from a group of persons who could have committed the offense or engaged in the conduct constituting the offense.

A

Biological evidence

For a FELONY

60
Q

Page 44 Art 57.01

_________ means The legal name of a person.

A

Name

61
Q

Page 44 Art 57.01

_________ means a set of initials or a fictitious name chosen by a victim to designate the victim in all public files and records concerning the offense, including police summary reports, press releases, and records of judicial proceedings.

A

Pseudonym

62
Q

Page 44 Art 57.01

_________ means a person who was the subject of an offense the commission of which leads to a reportable conviction or adjudication under Chapter 62; or an offense that is part of the same criminal episode, as defined by section 3.01, Penal Code, as an offense described by paragraph (A)

A

Victim

63
Q

Page 44 Art 57.02

__________________ of the office of the Atty. Gen. shall develop and distribute to all law-enforcement agencies of the state pseudonym form to record the name, address, telephone number, and synonym of a victim.

A

The Sexual Assault Prevention and Crisis Service Program

64
Q

Page 44 Art 57.02

(c) A victim who completes and returns a pseudonym form to the law-enforcement agency investigating the offense may not be required to disclose the victim’s ________________ in connection with the investigation or prosecution of the offense.

A

name, address, and telephone number

65
Q

Page 45 / ART 57.03 OFFENSE

(a) A public servant with access to the name, address, or telephone number of a victim 17 years of age or older who has chosen a pseudonym under this chapter commits an offense if the public servant ___________ discloses the name, address, or telephone number of the victim to any person who is not assisting in the investigation or prosecution of the offense or to any person other than the defendant, the defendants attorney, or the person specified in the order of a court of competent jurisdiction.

A

KNOWINGLY

Offense under this article is a class C misdemeanor

66
Q

Page 45-46 / ART 57.03 OFFENSE

Unless the disclosure is required or permitted by other law, a ____________ commits an offense if the person has access to or obtains the name, address, or telephone number of a victim younger than 17 years of age and knowingly discloses the name, address, or telephone number of the victim to any person who is not assisting in the investigation or prosecution of the offense or to any person other than the defendant, the defendants attorney, or a person specified in an order of a court of competent jurisdiction.

A

public servant or other person

Offense under this article is a class C misdemeanor

67
Q

Page 46 / ART 57.03 OFFENSE

It is an _____________ to prosecution under section (b) {younger than 17}, knowingly discloses the name, address, or telephone number of the victim who requires a pseudonym to any person who is not assisting in the investigation, that the actor is:

(1) the victim; or
(2) the victims parents, conservator, or guardian, unless the actor is a defendant in the case.

A

affirmative defense

Offense under this article is a class C misdemeanor

68
Q

Art 5.04 b

A written notice required by subsection (b), a written notice on the victim’s legal rights and remedies and of the availability of shelter or other community services for family violence victims, of this article is sufficient if it is in substantially the following form with the required information in _________________ inserted in the notice:

A) The primary language of victim
B) The language the victim understands, writes, and reads.
C) English or in Spanish
D) English and in Spanish

A

D) English and in Spanish

“it is a crime for any person to cause you any physical injury or harm even if the person is a member or former member of your family or household….”

69
Q

14.03

Any peace officer ____ arrest, without warrant;

(1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;

A) Shall
B) May
C) Should
D) Shall NOT

A

B) May

70
Q

14.03

Any peace officer ____ arrest, without warrant,

(2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person;

A) Shall
B) May
C) Should
D) Shall NOT

A

B) May

71
Q

14.03

Any peace officer ____ arrest, without warrant,

(3) persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07, Penal Code (violation of Protective Order), or by Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is not committed in the presence of the peace officer;

A) Shall
B) May
C) Should
D) Shall NOT

A

B) May

72
Q

14.03

Any peace officer ____ arrest, without warrant,

(4) persons who the peace officer has probable cause to believe have committed an offense involving family violence;

A) Shall
B) May
C) Should
D) Shall NOT

A

B) May

Did not occur in the presence of the police officer.

73
Q

14.03

Any peace officer ____ arrest, without warrant,

(5) persons who the peace officer has probable cause to believe have prevented or interfered with an individual’s ability to place a telephone call in an emergency, as defined by Section 42.062(d), Penal Code, if the offense is not committed in the presence of the peace officer;

A) Shall
B) May
C) Should
D) Shall NOT

A

B) May

74
Q

14.03

Any peace officer ____ arrest, without warrant,
(6) a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony.

A) Shall
B) May
C) Should
D) Shall NOT

A

B) May

75
Q

(b) A peace officer _______ arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code (violation of Protective Order), or Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is committed in the presence of the peace officer.

A) Shall
B) May
C) Should
D) Shall NOT

A

A) Shall

76
Q

(c) If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer _______ remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence.

A) May
B) Shall
C) Should
D) Shall NOT

A

B) Shall

77
Q

(d) A peace officer who is outside his jurisdiction ____ arrest, without warrant, a person who commits an offense within the officer’s presence or view, if the offense is a felony, a violation of Chapter 42 or 49, Penal Code, or a breach of the peace.

A) May
B) Shall
C) Should
D) Shall NOT

A

A) May

78
Q

(3) A peace officer making an arrest, OUT OF HIS/HER JURISDICTION, under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency ______ then take custody of:
(A) the person committing the offense and take the person before a magistrate in compliance with Article 14.06; and
(B) any property seized during or after the arrest as if the property had been seized by a peace officer of that law enforcement agency.

A) Shall
B) May
C) Should
D) Shall NOT

A

A) Shall

Walmart (officers working off-duty outside their jurisdiction)

Hmmm.

79
Q

CH. 14. ARREST WITHOUT WARRANT

Art. 14.04. WHEN FELONY HAS BEEN COMMITTED. Where it is shown by satisfactory proof to a peace officer, upon the representation of a _______________, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.

A

credible person

80
Q

CH. 38. EVIDENCE IN CRIMINAL ACTIONS

Art. 38.25.
When an instrument is partly written and partly printed, the ________ shall control the ___________ portion when the two are inconsistent.

A

the written shall control the printed portion

Art. 38.25. WRITTEN PART OF INSTRUMENT CONTROLS. When an instrument is partly written and partly printed, the written shall control the printed portion when the two are inconsistent.

81
Q

Art. 38.34. PHOTOGRAPHIC EVIDENCE IN THEFT CASES. (a) In this article, “property” means any tangible personal property.
(b) A photograph of property that a person is alleged to have unlawfully appropriated with the intent to deprive the owner of the property is admissible into evidence under rules of law governing the admissibility of photographs. The photograph is ________________ in evidence as is the property itself.

A) not admissible
B) as admissible
C) inadmissible
D) almost as admissible

A

B) as admissible

82
Q

(d) The defendant’s rights of discovery and inspection of tangible physical evidence _____________ if a photograph of the property is made available to the defendant by the state on order of any court having jurisdiction over the cause.

A) are satisfied
B) is not satisfied
C) is found unsatisfactory
D) is unfounded

A

A) are satisfied

83
Q

Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.

(c) An entity or individual described by Subsection (b) shall ensure that biological evidence collected pursuant to an investigation or prosecution of a felony offense or conduct constituting a felony offense is retained and preserved:
(1) for ________________, or until the applicable statute of limitations has expired, if there is an unapprehended actor associated with the offense

A

not less than 40 years

84
Q

Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.

(c) An entity or individual described by Subsection (b) shall ensure that biological evidence collected pursuant to an investigation or prosecution of a felony offense or conduct constituting a felony offense is retained and preserved:
(2) in a case in which a defendant has been convicted, placed on deferred adjudication community supervision, or adjudicated as having engaged in delinquent conduct and there are no additional unapprehended actors associated with the offense:

(A) until the inmate is executed, dies, or is released on parole, if the defendant is convicted of a __________;

A

capital felony

85
Q

Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.

(c) An entity or individual described by Subsection (b) shall ensure that biological evidence collected pursuant to an investigation or prosecution of a felony offense or conduct constituting a felony offense is retained and preserved:
(2) in a case in which a defendant has been convicted, placed on deferred adjudication community supervision, or adjudicated as having engaged in delinquent conduct and there are no additional unapprehended actors associated with the offense:

(B) until the defendant dies, completes the defendant’s sentence, or is released on parole or mandatory supervision, if the defendant is sentenced to a term of confinement or imprisonment in the ________________________;

A

Texas Department of Criminal Justice

CORRECT

86
Q

Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.

(c) An entity or individual described by Subsection (b) shall ensure that biological evidence collected pursuant to an investigation or prosecution of a felony offense or conduct constituting a felony offense is retained and preserved:
(2) in a case in which a defendant has been convicted, placed on deferred adjudication community supervision, or adjudicated as having engaged in delinquent conduct and there are no additional unapprehended actors associated with the offense:

(C) until the defendant completes the defendant’s term of community supervision, __________________ community supervision, if the defendant is placed on community supervision;

A) including deferred adjudication
B) excluding deferred adjudication

A

A) including deferred adjudication

87
Q

Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.

(c) An entity or individual described by Subsection (b) shall ensure that biological evidence collected pursuant to an investigation or prosecution of a felony offense or conduct constituting a felony offense is retained and preserved:
(2) in a case in which a defendant has been convicted, placed on deferred adjudication community supervision, or adjudicated as having engaged in delinquent conduct and there are no additional unapprehended actors associated with the offense:

(D) until the defendant dies, completes the defendant’s sentence, or is released on parole, mandatory supervision, or juvenile probation, if the defendant is committed to the ________________;

A

Texas Youth Commission

88
Q

Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.

(c) An entity or individual described by Subsection (b) shall ensure that biological evidence collected pursuant to an investigation or prosecution of a felony offense or conduct constituting a felony offense is retained and preserved:
(2) in a case in which a defendant has been convicted, placed on deferred adjudication community supervision, or adjudicated as having engaged in delinquent conduct and there are no additional unapprehended actors associated with the offense:

(E) until the defendant completes the defendant’s term of juvenile probation, ________________________ upon transfer of supervision to a criminal court, if the defendant is placed on juvenile probation.

A) including a term of community supervision
B) excluding a term of community supervision

A

A) including a term of community supervision

89
Q

Art. 38.43. EVIDENCE CONTAINING BIOLOGICAL MATERIAL.

(i) Before the defendant is tried for a ________________________, The state shall require either the Department of Public Safety through one of its laboratories or a laboratory accredited under section 411.0205, government code, to perform DNA testing on any biological evidence that was collected as part of the investigation of the offense and is in possession of the state.

A

Capital Offense in which The State is seeking the death penalty,

90
Q

Art. 5.05. REPORTS AND RECORDS. (a) A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report, including but not limited to:

(a-1) In addition to the written report required under Subsection (a), a peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a report to the Department of Family and Protective Services if:

A

the location of the incident or call, or the known address of a person involved in the incident or call, matches the address of a current licensed foster home or a verified agency foster home as listed in the Texas Crime Information Center. The report under this subsection may be made orally or electronically and must:

(CORRECT)