Exam 6 Missed questions

Question 1

PC 6.03- Criminal negligence definition

Answer 1

With respect to circumstances surrounding his conduct when he ought to be aware of substantial and unjustifiable risk that the circumstances exist or the result will occur.

Question 2

PC 1.07- Consent definition

Answer 2

Assent(approval/agreement) in fact, whether express or apparent.

Question 3

PC 37.02- perjury elements of the offense

Answer 3

Person commits an offense if, 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
• is material
• Felony of 3rd degree

Question 4

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

Answer 4

• alters, destroys, or conceals any record, document or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding;
• makes, presents, or uses any record, document or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
• felony of 3rd degree, unless the thing altered is a corpse, in which case the offense is a felony of 2nd degree
• Class A misdemeanor if observes a human corpse under circumstances in which a reasonable person would believe that an offense had been committed, knows or reasonably should know that a law enforcement agency is not aware of the existence of or location of the corpse, and fails to report the existence of and location of the corpse to a law enforcement agency.

Question 5

Conduct definition

Answer 5

An act or omission and its accompanying mental state.

Question 6

PC 38.02- failure to identify elements of the offense pg 115

Answer 6

person commits an offense if he intentionally refuses to give his name, address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. Class C misdemeanor

• person commits an offense if he intentionally gives a false or fictious name, residence address, or date of birth to a peace officer who has; Class B misdemeanor
  1. lawfully arrested person
  2. lawfully detained the person
  3. requested the info from a person that peace officer has good cause to believe is a witness to a criminal offense.

Question 7

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

Answer 7

Person commits an offense if he 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.
Class A misdemeanor, unless actor uses a deadly weapon to resist the arrest or search it is a felony of 3rd degree.

Question 8

T41.401(1)- daytime definition

Answer 8

½ hr. before sunrise to ½ hr. after sunset

Question 9

BPOC 17.1.3- landmark case that prohibited seizing a suspect by using deadly force

Answer 9

Tennessee VS Garder

Question 10

Family Violence requirments

Answer 10

Names of suspects and complaint, Date time and location. Any injuries. Wheather