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.BPOC > Exam 6 > Flashcards

Exam 6 Flashcards

1
Q

1.02- Purposes if the penal code ( penalties and corr…. meas…. )

A

Correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.

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2
Q

PC 1.07- Act definition

A

bodily movement, whether voluntary or involuntary, and includes speech.

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3
Q

PC 1.07—Person who has criminal responsibility in a criminal action is known as what?

A

Actor

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4
Q

PC 1.07- Bodily injury definition

A

Physical Pain, Illness, Any impairment of physical condition

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5
Q

PC 1.07- Benefit definition ( Eco…… ga.. or adv……)

A

means ANYTHING reasonably regarded as economic gain or advantage, including benefit to ANY other person in whose welfare the beneficiary is interested

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6
Q

Conduct definition

A

means an act or omission and its accompanying mental state.

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7
Q

PC 1.07- Deadly weapon definition

A

A firearm , Anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, ANYTHING that in the manner of its use or intended use is capable of causing serious bodily injury or death.

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8
Q

Omission definition ( A fail….. to a.. wh.. t.. law )

A

a failure to act when the law imposes a legal duty to act.

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9
Q

PC 25.03- Interfering with child custody?

A

when 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

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10
Q

Inchoate definition ( Transaction th.. h.. be.. agr.. up.. but is n.. compl…..)

A

legal term indicating that a transaction or activity has been discussed or even agreed upon but is not final or is still incomplete

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11
Q

PC 1.07- unlawful definition

A

Criminal or tort civil or both and includes what would be criminal or tort but for a defense not amounting to justification or privilege.

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12
Q

PC 1.07- Consent definition

A

Means assent in fact, whether express or apparent.

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13
Q

PC 6.03- Criminal negligence definition

A

With respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard or care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint

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14
Q

PC 49.01- Intoxication definition

A

Not having the normal use of mental or physical faculties reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR
having an alcohol concentration of 0.08 or more.

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15
Q

Which chapter does not require a culpable mental state for conviction?

A

Intoxication

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16
Q

PC 36.06- Retaliation punishment and grade of offense

A

THIRD DEGREE Felony

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17
Q

PC 38.14- What is the charge for attempting to take OC spray from an officer?

A

STATE JAIL felony

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18
Q

PC 42.062- Interference with emergency request for assistance

A

CLASS A misdemeanor

STATE JAIL felony if the actor has previously been convicted under this section.

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19
Q

PC 39.03- What are the elements of the offense for Official Oppression? (intentionally subjects another (anyone, including your partner) to sexual harassmen )

A

intentionally subjects another to mistreatment or to ARREST, DETENTION, SEARCH, SEIZURE, dispossession, assessment, or lien that he knows is unlawful
intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful
intentionally subjects another (anyone, including your partner) to sexual harassment.

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20
Q

PC 30.02- Burglary elements of the offense

A

A person commits an offense if, without the effective consent of the owner, the person 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
remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
State jail if broke into a building that’s not a home
2Nd degree if it’s a habitation

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21
Q

PC 30.03- Burglary of a coin operated or coin collection machine elements of the offense

A
  • A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance (mechanical device), apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services
  • Class A misdemeanor
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22
Q

PC 42.01- Disorderly conduct elements of the offense

A

a person commits an offense if he intentionally knowingly uses abusive, indecent, profane, or vulgar language in a public place.

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23
Q

PC 37.01 (20)(c)- Governmental record definition

A

a license, certificate, permit, seal, title, letter of patent, or similar document issued by government or by another state

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24
Q

PC 8.06- Entrapment definition

A

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.

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25
Q

PC 30.04- Burglary of a vehicle elements of the offense

A

without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft

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26
Q

PC 37.02- Perjury elements of the offense

A

with intent to deceive and with knowledge of the statement’s meaning:

  • he makes a false statement under OATH or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
  • An offense under this section is a CLASS A misdemeanor.
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27
Q

PC 37.09- Tampering with or fabricating physical evidence elements of the offense

A

3rd Degree felony . Alters, distroys or conceals any record, document or thing with intent to impair its verity or avaiability as evidencein the investigation.

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28
Q

PC 38.02- Failure to identify elements of the offense

A

A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
o (1) lawfully arrested the person;
o (2) lawfully detained the person; or
o (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense
* Class C if he refuses to give info
* Class B if he gives false info

29
Q

PC 21.15- Invasive video recording elements of the offense

A

A person commits an offense, if witout the other persons concent and with intent to invadethe privacy of the other person or persons

30
Q

PC 22.08- Is it an offense to help someone commit suicide

A

Yes

31
Q

PC 37.11- Impersonating a public servant element of the offense?

A

impersonates a public servant with intant to induce another to submit to his pretended official acts

32
Q

PC 37.11- Impersonating a public servant element of the offense?

A

knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.
3RD DEGREE FOLONY

33
Q

PC 28.03- Criminal mischief elements of the offense

A
  • (1) he intentionally or knowingly damages or destroy the tangible property of the owner;
  • (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner (X “papers” Bob’s trees; X lets the air out of the tires on Bob’s vehicle); or
  • (3) he intentionally or knowingly makes markings, Including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
34
Q

PC 15.03- Criminal solicitation definition

A

with intent that a CAPITAL FELONY or FELONY OF THE FIRST DEGREE be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission

35
Q

PC 21.11- Indecency with a child element of the offense?

A
  • (A) exposes the person’s anus or any part of the person’s genitals, KNOWING that a child is present or
  • (B) causes the child to expose the child’s anus or any part of the child’s genitals
  • (C) An offense under Subsection(a)(1) is a felony of the SECOND DEGREE and an offense under Subsection (a)(2) is a felony of the THIRD DEGREE.
36
Q

PC 42.11- Is urinating in public a crime

A

YES- Disorderly Conduct

37
Q

PC 38.03- resisting arrest, search, or transport elements of the offense

A

intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using FORCE against the peace officer or another.

  • It is no defense to prosecution under this section that the arrest or search was UNLAWFUL
  • Class A misdemeanor
  • 3rd degree felony if uses weapon
38
Q

PC 38.04- Evading arrest or detention elements of the offense

A

intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him
* Class A misdemeanor

39
Q

PC 38.14- what level is the offense for attempting to take a peace officer’s weapon

A
  • State Jail for attempting

* 3rd degree if he takes the weapon

40
Q

Article 2.13- what are the duties of a peace officer

A
  • Preserve the peace within his jurisdiction by all lawful means
  • Interfere w/out warrant to prevent or suppress crime
  • Execute all lawful process issued to the officer by any Magistrate
  • Give notice to some magistrate of all offenses
  • Arrest offenders w/out warrant, in every case authorized by law
  • Take possession of every missing child
41
Q

Article 59.03- when do you not need a warrant to seize property

A

-owner/operator in charge of property knows, incident to a consents search, property is the subject of a prior judgement, subject to lawful arrest or search incident to an arrest.

42
Q

5.045- can an officer be held liable for someone stealing property

A

no

43
Q

14.03- what may an officer arrest for without a warrant for person found in suspicious

A

Person found in suspicious places and under circumstances which reasonably show that the person if guilty of felony offense, public intoxication, disorderly conduct or breach of the peace

44
Q

541.002- Transportation Code definition of a peace officer

A

An officer authorized to direct traffic or arrest persons who violates traffic regulations

45
Q

546.001- what are the rules for an emergency vehicle driving

A

Park or stand, irrespective of another provision
Proceed past a red or stop signal or stop sign, after slowing as necessary for safe operation
Exceed a maximum speed limit, except as provided by an ordinance adopted under Section 545.365 as long as operator does not endanger life or property
Disregard regulation governing the direction of movement or turning in specific directions

46
Q

545.412- requirements for a child passenger safety seat system

A

8 yrs of age height does not matter but if younger than 8 4’9 do not need booster

47
Q

545.404- may an operator leave a vehicle unattended while running

A

Does not apply to operator who starts the engine of a vehicle by using a remote starter or similar device that starts the vehicles engine w/out placing the key in the ignition

48
Q

T41.401(1)- daytime definition( 1/2 )

A

½ hr. before sunrise to ½ hr. after sunset

49
Q

545.424- what is a driver under the age of 18 allowed to do with passengers

A

May not have more than 1 passenger under age 21, not a family member

50
Q

TRC 545.157- what must a driver approaching a stationary emergency vehicle do

A

Operator shall vacate the lane nearest the emergency vehicle when on a hwy with 2 or more lanes traveling the same direction as the emergency vehicle; or
Slow to a speed not to exceed 20 mph below the posted speed limit or
If speed limit is less than 25 mph slow to 5 mph

51
Q

PC 9.04- When is the threat of force justified

A

When a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor’s purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

52
Q

BPOC 17.1.1- Force definition ( Off…mu..exe..o….the viola….)

A

That degree of influence the officer must exert over the violator to take him or her safely into custody

53
Q

BPOC 1.1.1- wellness definition

Hea,, a.. die….st….an. risk poten….

A

That condition of a human organism which consist of its health and disease status and risk potential. A persons health/disease status and risk potential. Ranges on a continuum from death to optimal well-being

54
Q

BPOC 1.1.3- principles of an exercise program ( Prov…. pro…. fit…. orien….. )

A

progrssive overload, regulatory and recovery, specifity, balance,

55
Q

PC 9.04- when is the threat of force justified (dea.. or ser….. bod… inju.. wrap..)

A

When a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor’s purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force. ( Cannot use deadly force just to arrest someone )

56
Q

PC 9.61- can a parent use force or deadly force against their child to insure safety (use for.. n.. dea…for..)

A

Parent may use force, not deadly force

57
Q

PC 9.61-can a grandparent use force but not deadly force to insure a child’s safety

A

Yes

58
Q

FC 51.01-purpose of Title 3 of the Juvenile Justice Code

A

To provide for the protection of the public and public safety for the child.
• Consistent with the protection of the public and public safety

59
Q

FC 51.02- child definition under Title 3 of the Family Code (10 yea.. of … or ol… and you…. th.. 1.)

A

A person who is

  • 10 yrs. of age or older and under 17 yrs. of age
  • 17 yrs. of age or older and under 18 yrs. of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 yrs. of age
60
Q

FC 51.12- can juveniles be detained in a city jail within sight of adult offenders

A

No

61
Q

FC 51.095- may law enforcement and/or a prosecuting attorney be present when a child signs a statement in the presence of a magistrate

A

No

62
Q

BPOC 15.3.2- 8 essential criteria of a good police report (Acc…., Con….., Comp….., Clar…, Leg…., obj……, Gramm…., Cor…. Sp…..)

A 
Accuracy 
Conciseness 
Completeness 
Clarity 
Legibility 
Objectivity 
Grammatically 
Correct spelling
63
Q

BPOC 15.3.3- common types of a police report (Arr…, Inc….., Off…., and Sup….)

A

Arrest
Incident
Offense
Supplemental

64
Q

BPOC 15.3.4- chronological report definition

A

Arrangement of information in order of occurrence

65
Q

BPOC 15.3.6- should an officer’s opinion be included in a police report

A

No, anything other than facts must be labeled as such to avoid any possible confusion

66
Q

BPOC 15.1.2- can written communication be a factor used to evaluate your competence as a peace officer

A

Yes

67
Q

BPOC 5.1.1- Attitude definition (knw….., fee…., and exp……. about som….. or som…. that in…… them)

A

A mental position based on a person’s knowledge, feelings, and experience about someone or something that influences him/her to behave a certain way in regard to that person or thing

68
Q

Race definition

A

Group of people with common ancestry and physical characteristics

.BPOC (17 decks)

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