Exam 10 Flashcards
PC 1.07- what are the elements of an offense
(A) the forbidden conduct;
(B) the required culpability;
(C) any required result; and
(D) the negation of any exception to the offense.
PC 8.02- is mistake of fact a defense to prosecution
Yes
PC 7.01- when is a person criminally responsible as a party to an offense
if the offense is committed by his own conduct, by the conduct of another for which he is
criminally responsible, or by both.
PC 2.02(b)- does the burden of proof lie with the prosecuting attorney
must negate 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.
PC 8.05- definition of duress
It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct
because he was compelled to do so by threat of imminent death or serious bodily injury to
himself or another.
PC 1.07(46)- serious bodily injury definition
means bodily injury that creates a substantial risk of death or that causes death, serious
permanent disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.
PC 49.02- elements of the offense for public intoxication
appears in a public place while intoxicated to the degree that the person may endanger the
person or another.
PC 31.03- class B misdemeanor theft range and elements of the offense
Value is $100 or more but less than $750
A person commits an offense if he unlawfully appropriates property with intent to deprive the
owner of property.
without effective consent, the property the actor appropriates he knows it was stolen by
another
PC 36.06- elements of the offense for obstruction or retaliation
intentionally or knowingly harming or threatening to harm another by an unlawful act in
retaliation for or on account of the service or status of another as a public servant, witness,
prospective witness, informant, or an individual who is trying to report a crime.
PC 19.03(a)(2)- capital murder elements of the offense
the person intentionally commits the murder in the course of committing or attempting to
commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or
retaliation, or terroristic threat under Section 22.07
PC 25.03- interfering with child custody elements of the offense
A person commits an offense if the person takes or retains a child younger than 18 years of age:
hen the person knows that the person’s taking or retention violates the express terms of a
judgment or order, including a temporary order, of a court disposing of the child’s custody;
PC 30.02- burglary elements of the offense
enters a habitation, or a building (or any portion of a building) not then open to the public, with
intent to commit a felony, theft, or an assault; or (2) remains concealed, with intent to commit
a felony, theft, or an assault, in a building or habitation; or (3) enters a building or habitation
and commits or attempts to commit a felony, theft, or an assault.
PC 28.03- class A criminal mischief value and elements of the offense
the amount of pecuniary loss is $750 or more but less than $2,500-he intentionally or knowingly
damages or destroys the tangible property of the owner
PC 38.04- evading arrest definition, punishment, and elements of the offense
A person commits an offense if he intentionally flees from a person he knows is a peace officer
or federal special investigator attempting lawfully to arrest or detain him
(1)a state jail felony if the actor has been previously convicted under this section; (2) a felony
of the third degree if: (A) the actor uses a vehicle while the actor is in flight; (B) another suffers
serious bodily injury as a direct result of an attempt by the officer or investigator from whom
the actor is fleeing to apprehend the actor while the actor is in flight; or (C) the actor uses a
tire deflation device against the officer while the actor is in flight; or (3) a felony of the second
degree if: (A) another suffers death as a direct result of an attempt by the officer or investigator
from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
(B) another suffers serious bodily injury as a direct result of the actor’s use of a tire deflation
device while the actor is in flight.
PC 38.16(a)- preventing the execution of civil process definition
A person commits an offense if he intentionally or knowingly by words or physical action
prevents the execution of any process in a civil cause
PC 22.01- assault definition
1) intentionally, knowingly, or recklessly causes bodily injury to another, including the
person’s spouse; (2) intentionally or knowingly threatens another with imminent bodily
injury, including the person’s spouse; or (3) intentionally or knowingly causes physical
contact with another when the person knows or should reasonably believe that the other
will regard the contact as offensive or provocative.
PC 21.11- indecency with a child elements of the offense
A person commits an offense if, with a child younger than 17 years of age, 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: (1) engages in sexual contact with the child or causes the
child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire
PC 8.06- entrapment definition
It is a defense to prosecution that the actor engaged in the conduct charged because he was
induced to do so by a law enforcement agent using persuasion or other means likely to cause
persons to commit the offense. Conduct merely affording a person an opportunity to commit
an offense does not constitute entrapment.
What chapter of the Penal Code deals with Use of Force
Chapter 9
PC 46.02- unlawful carrying a weapon elements of the offense
intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club;
and (2) is not: (A) on the person’s own premises or premises under the person’s control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person
or under the persons control.
PC 37.01(20)(c)- governmental record definition
(C) a license, certificate, permit, seal, title, letter of patent, or similar document issued by
government, by another state, or by the United States;
PC 2.01- burden of proof in a criminal trial
beyond reasonable doubt
PC 8.04- does voluntary intoxication constitute a defense
No
PC 20.03(A)- kidnapping definition
A person commits an offense if he intentionally or knowingly abducts another person.
PC 21.15(b)- invasive visual recording elements of the offense
A person commits an offense if, without the other person’s consent and with intent to invade
the privacy of the other person, the person:
(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a
visual image of an intimate area of another person if the other person has a reasonable
expectation that the intimate area is not subject to public view;(2) photographs or by videotape
or other electronic means records, broadcasts, or transmits a visual image of another in a
bathroom or changing room;
PC 20.011- sexual assault definition
the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or (C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor
PC 22.07- terroristic threats elements of the offense
cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place
PC 25.06- harboring a runaway child elements of the offense
is younger than 18 years; and (2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child’s home without the consent of the child’s parent or guardian for a substantial length of time or without the intent to return.
PC 25.071- class of offense for violation of a protective order
communicates: (A) directly with a protected individual in a threatening or harassing manner; (B) a threat through any person to a protected individual; or (C) in any manner with the protected individual, if the order prohibits any communication with a protected individual; or (3) goes to or near the residence or place of employment or business of a protected individual
PC 31.07- unauthorized use of a motor vehicle elements of the offense
A person commits an offense if he intentionally or knowingly operates another’s boat, airplane, or motor-propelled vehicle without the effective consent of the owner
TC 545.104- how many feet to signal before turning
100ft
TC 502.407- how long is the grace period for expired registration
after the 5th working day after the date of vehicle registration exp
TC 541.401(7)- personal injury definition
means an injury to any part of the human body and that requires treatment.
TC 550.061- is the operator of a vehicle always required to make an accident report
No
TC 550.062- how many days does an officer have to submit an accident report
10 days after the date of the accident
TC 547.325(a)- what color is a lighting device or reflector on the rear of the vehicle
Red
TC 545.407(1)- how close can an operator follow an ambulance when it is flashing it’s emergency lights
500FT
TC 547.324(d)(2)- what color is the turn signal mounted on the rear of a vehicle
Red or AMBER light
TC 683.002- when is a motor vehicle considered abandoned
is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours;
TC 545.303(a)- how close to the curb should an operator park their vehicle
two-way roadway shall do so with the right-hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb or edge of the roadway
TC 552.003(a)- is a pedestrian allowed to block the roadway
No
TC 545.401(10)- stop or stopping definition
Cease movement
TC 541.401(9)- stand or standing definition
Halt occupied on occupied vehicle / pick us passengers and drop off
TC 545.351- how fast can an operator drive a vehicle
An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing
TC 545.401- reckless driving definition
A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
TC 545.425(c)- can a driver use a wireless communication device in a school zone
No
TC 547.302- when shall a vehicle display an illuminating device
(1) at nighttime; and(2) when light is insufficient or atmospheric conditions are unfavorable so that a person or vehicle on the highway is not clearly discernible at a distance of 1,000 feet ahead.
TC 547.306- can a motorcycle emit a non-flashing LED ground lighting system
yes, person may operate a motorcycle equipped with LED ground effect lighting that emits a non-flashing amber or white light
TC 547.321- how many headlamps is a motor vehicle required to have
2
TC 547.503- is a vehicle stopped on a roadway or shoulder required to display vehicular warning lamps
Yes
TC 550.021- what are the requirements of an operator involved in an accident that results in injury or death
immediately stop the vehicle at the scene of the accident or as close to the scene as possible; (2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; (3) immediately determine whether a person is involved in the accident, and if a person is involved in the accident, whether that person requires aid; and (4) remain at the scene of the accident
BPOC 23.2.6- what is the SARA model
Scanning, analysis, response, assessment
TC 601.053- is an operator of a vehicle required to maintain financial responsibility
Yes
TC 541.303- intersection definition
In this subtitle, “intersection” means the common area at the junction of two highways, other than the junction of an alley and a highway
TC 545.256- what is required of an operator emerging from a driveway required to do
stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway; (2) yield the right-of-way to a pedestrian to avoid collision; and (3) on entering the roadway, yield the right-of-way to an approaching vehicle
TC 503.063- how long is a buyer’s temporary tag
60th day after purchase
BPOC 4.1.6- Miranda v Arizona importance
Miranda rights to let suspect know they are under arrest
CCP Art 15.22- arrest definition
A person is arrested when he has been actually placed under restraint or taken into custody by an officer
CCP Art 14.01- felony definition
serious charge. prison or death
Definition of probable cause- fill in the blank question
facts and circumstances that are more than mere suspicion, that would lead a reasonable and prudent person to believe that a crime has been or would be committed
What does the US v Carroll give you the ability to do
allows officers to search a vehicle without a warrant with probable cause
What did the Chimel v California give you the ability to do
Search incident to arrest
Definition of reasonable suspicion
a hunch
CCP Art 18.01- what does a search warrant command you to do
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 commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order
BPOC 7.1.1- 4 elements for an arrest to be lawful
Intent, authority, actual seizure, understanding
BPOC 7.1.10- can weapons found during a frisk be seized and arrest made
Yes
BPOC 7.1.11- search definition
A search is generally defined as an examination or inspection of a location, vehicle, or person by a law enforcement officer for the purpose of locating objects or substances relating to or believed to relate to criminal activity
BPOC 7.1.12- are peace officers required to knock and announce
Yes
BPOC 7.1.13- does the 4th amendment protect open fields
No
CCP 15.27- are law enforcement officials required to notify primary or secondary schools of a student’s arrest
Yes
BPOC 7.1.13- can an officer enter without a warrant to render assistance to an occupant
Exigent circumstances
BPOC 7.1.14- Mapp v Ohio ruling and effects on law enforcement
Exclusionary Rule
BPOC 7.1.13- is an administrative inventory the same as a search
No
Theft of property value of $1,000 and a firearms is stolen, what is the proper charge
state jail felony
BPOC 7.1.13- who may consent to a search
Only a person with a possessory or proprietary interest in the place to be searched may give consent
BPOC 7.1.12- search warrants are issued based on what?
Probable cause
BPOC 7.1.9- identify circumstances where frisking for weapons is justified
Permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety
BPOC 29.1.1- criminal investigation definition
is the process of legally gathering evidence of a crime that has been or is being committed
BPOC 29.1.1- elements of a crime definition
Conditions that must occur for an act to be called a specific kind of crime
BPOC 29.1.2- four criminal investigation tools
Information, instrumentation, interviewing, laws of arrest and search and seizure
BPOC 29.1.3- what is the ultimate goal of any criminal investigation
to determine, to the extent possible, the truth about how a crime occurred