Pc

Question 1

a person commits an offense_____ if he voluntary engage in conduct, including an act, an omission, or possession.

Answer 1

only

Question 2

possession is voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his____.

Answer 2

control

Question 3

a person who omits to perform an____does not commit an offense unless a law as defined by section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the _____.

Answer 3

act act

Question 4

except as provided in subsection (b) a person does not commit an offense unless he ____engages in conduct as the definition of the offense requires.

Answer 4

intentionally, knowingly, recklessly, or with criminal negligence

Question 5

if the definition of an offense does not prescribe a culpable mental state a culpable mental state is neverthless___unless the definition plain dispenses with any mental element.

Answer 5

required

Question 6

if the definition of an offense does not ____a culpable mental state, but one is nevertheless required under subsection (b) intent, knowledge, or recklessness suffices to establish_____.

Answer 6

prescribe , criminal responsibility

Question 7

culpable mental states are classified accordion to relative degrees, from highest to lowest, as follow

Answer 7

intentionally, knowing, reckless, criminal negligence

Question 8

proof of higher degree of culpability ____ that charged constitutes proof of the culpability charge.

Answer 8

than

Question 9

An offense defined by____or by order of county commissioners court ____dispense with the requirement of culpable mental state if the offense is punishable by a fine exceeding the amount authorized by section 12.23

Answer 9

municipal ordinance / may not /

Question 10

a person acts _____with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result

Answer 10

intentionally, or with intent

Question 11

a person acts___ or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist.

Answer 11

knowingly

Question 12

a person acts____ or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

Answer 12

knowingly

Question 13

a person acts_____or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substancial and unjustifiable risk that the circumstances exist or the result will occur.

Answer 13

recklessly

Question 14

the risk must be of such a nature and ____that its disregard constitutes a gross deviation from standard of care that an ordinary.

Answer 14

degree

Question 15

person would exercise under ___the circumstances as viewed from the actor’s standpoint.

Answer 15

all

Question 16

a person acts with ___or is criminally negligent, 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.

Answer 16

criminal negligence

Question 17

the risk___be if such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

Answer 17

must

Question 18

a person is criminally responsible if the result _____have occurred but for his conduct, operating either alone or concurrently with another causes, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.

Answer 18

would not

Question 19

a person is nevertheless criminal responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated or risked is that:

Answer 19

a different offense was committed; or a different person or property was injured, harmed or otherwise affected

Question 20

a person is criminally responsible as a party to an offense if the offense is committed by his___conduct, by the conduct of another for which he is criminally responsible or by both

Answer 20

own

Question 21

each party to an offense ____ charged with commission of the offense.

Answer 21

May be

Question 22

all traditional distinctions between accomplices and principal are abolished by this section, and each party to an offense ____ be charged and convicted without alleging that he acted as a principal or accomplice.

Answer 22

May

Question 23

a person is criminal responsible for an offense committed by the conduct of another if:

Answer 23

acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by definition of the offense

Question 24

a person is criminal responsible for an offense committed by the conduct of another if:

Answer 24

acting with intent to promote or assist the commission of the offense, he solicits, encourages, direct, aids or attempts to aid the other person to commit the offense

Question 25

a person is criminal responsible for an offense committed by the conduct of another if:

Answer 25

having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission he fails to make a reasonable effort to prevent commission of the offense

Question 26

if in the attempt to carry out a conspiracy to commit one felony another felony is committed by one of the conspirators all conspirators

Answer 26

are guilty of the felony actually commuted, thought having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.

Question 27

in a prosecution in wich an actor’s criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense:

Answer 27

that the act actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity

Question 28

in a prosecution in wich an actor’s criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense:

Answer 28

that the person for whose conduct the actor’s is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted if a different offense or of a different type or class of offense, or is immune from prosecution.

Question 29

insanity

Answer 29

it is an affirmative defense to prosecution that, at the time if the conduct charged, the actor, as a result of severe mental disease or defect did not know that his conduct was wrong.

Question 30

the term “mental disease or defect”

Answer 30

does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

Question 31

mistake of fact

Answer 31

it is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact of his mistaken belief negated the kind of culpability required for commission of the offense

Question 32

although an actor’s mistake of fact___ constitute a defense to the offense charged he ____nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed

Answer 32

May / May

Question 33

mistake of law

Answer 33

it is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.

Question 34

mistake of law it is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon

Answer 34

An official statement of the law containing in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question

Question 35

mistake of law it is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon

Answer 35

a written interpretation of law contained in an opinion of a court of record or made by public official charged by law with responsibility for interpreting the law in question

Question 36

although an actor’s mistake of law ___constitute a defense to the offense charged, he ___ nevertheless be convicted of lesser included offense of wich he would be guilty if the law were as he believed

Answer 36

May / may

Question 37

voluntary intoxication _____ constitute a defense to the commission of crime

Answer 37

does not

Question 38

evidence of temporary insanity caused by intoxication ___be introduced by the actor in mitigation of the penalty attached to the offense for wich he is being tried

Answer 38

May

Question 39

when temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by _____, the court shall charge the jury in accordance with the provision of this section.

Answer 39

intoxication

Question 40

for purpose of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of ___into the body.

Answer 40

any substance

Question 41

duress

Answer 41

it is an affirmative defense to prosecution that the actor engage in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another

Question 42

in a prosecution for an offense that dies not constitute a felony, it is an affirmative defense to prosecution that the actor engage in the

Answer 42

proscribed conduct because he was compelled to do so by force or threat of force

Question 43

compulsion with in the meaning of this section exist ___if the force or threat of force would render a person of reasonable firmness incapable of resisting the peessure

Answer 43

only

Question 44

the defense provided by this section “ duress” is ____if the actor intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion

Answer 44

unavailable

Question 45

it is not defense that person acted at the command or persuasion of his ____unless he acted under compulsion that would establish a defense under this section

Answer 45

spouse

Question 46

entrapment

Answer 46

it is a defense to prosecution that the actor engage in the conduct charged because he was induced to do so by law, enforcement agent using persuasion or other means likely to cause persons to commit the offense.

Question 47

conduct ___affording a person an opportunity to commit an offense does not constitute entrapment

Answer 47

merely

Question 48

in this section (entrapment) “ law enforcement agent “ includes personnel of the state and local law enforcement agencies as well as of the United States and ____acting in accordance with instructions from such agents

Answer 48

any person

Question 49

a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except

Answer 49

perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath

Question 50

a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except

Answer 50

a violation of penal statutes cognizable under chapter 729, transportation code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail

Question 51

a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except

Answer 51

a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state

Question 52

a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except

Answer 52

a misdemeanor punishable by fine only

Question 53

a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except

Answer 53

a violation of penal ordinance of political subdivision

Question 54

a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except

Answer 54

a violation of penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under section 54.02 family code for prosecution if the person commuted the offense when 14 years of age or older

Question 55

a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age except

Answer 55

a capital felony or an offense under section 19.02 for which the person is transferred to the court under section 54.02(j)(2)(a)family code.

Question 56

unless the juvenile court waives jurisdiction under section 54.02 family code and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution a person may not be prosecuted for or convicted of any offense committed before reaching _____years of age except an offense described by subsection (a)(1)(5)

Answer 56

17 years of age

Question 57

no person may in any case be punished by death for an offense committed while the person was younger than

Answer 57

18 years

Question 58

notwithstanding subsection (a) a person may not be prosecuted for or convicted of an offense described by subsection (a)(4)or (5)that the person committed when younger

Answer 58

than 10 years of age. subsection a: a person may not be prosecuted for or convicted of any offense that the person committed when younger that 15 years of age. subsection (a)(4)a misdemeanor punishable by fine only. subsection (a)(5)a violation of a penal ordinance of political subdivision

Question 59

a person who is at least 10 years of age but younger than _____of age is presumed incapable of committing an offense described by subsection (a)(4)or (5)other than an offense under a juvenile curfew ordinance or order. this presumption may be refuted if the prosecution proves to the court by a preponderance of the evidence that the actor had sufficient capacity to understand that the conduct engaged in was wrong at the time the conduct was engaged in. the prosecution us not required to prove that the actor at the time of engaging in the conduct knew that the act was a criminal offense or knew the legal consequences of the offense

Answer 59

15 years. subsection (a)(4)a misdemeanor punishable by fine only. subsection (a)(5)a violation of a penal ordinance of political subdivision

Question 60

on motion by the state the defendant or a person standing in parental relation to the defendant or on the court’s own notion a court with jurisdiction of an offense described by section 8.07(a)(4)or(5)shall determine weather probable cause exists to believe that a child including child with mental illness or developmental disability

Answer 60

lacks the capacity to understand the proceeding in criminal court or to assist in the child’s own defense and is unfit to proceed

Question 61

on motion by the state the defendant or a person standing in parental relation to the defendant or on the court’s own notion a court with jurisdiction of an offense described by section 8.07(a)(4)or(5)shall determine weather probable cause exists to believe that a child including child with mental illness or developmental disability

Answer 61

lacks substantial capacity either to appreciate the wrongfulness of the child’s own conduct or to conform the child’s conduct to the requirement of the law

Question 62

if the court determines that probable cause exists for finding under subsection (a)after providing notice to the state the court may dismiss the complaint.

Answer 62

subsection (a)on motion by the state the defendant or a person standing in parental relation to the defendant or on the court’s own notion a court with jurisdiction of an offense described by section 8.07(a)(4)misdemeanor punishable by fine only or(5)violation of penal ordinance of political subdivision. shall determine weather probable cause exists to believe that a child including child with mental illness or developmental disability

Question 63

a dismissal of complain under subsection (b)may be appealed as provided by article 44.01 code of criminal procedure

Answer 63

subsection (b)if the court determines that probable cause exists for finding under subsection (a)after providing notice to the state the court may dismiss the complaint. subsection (a) on motion by the state the defendant or person standing in parental relation to the defendant or on the court’s own motion a court with jurisdiction of an offense described by section 8.07(a)(4)misdemeanor punishable by fine only or(5)violation of penal ordinance of political subdivision. shall determine weather probable cause exists to believe that a child including child with mental illness or developmental disability

Question 64

sec 8.08 child with mental illness disability or lack of capacity “child”has the meaning assigned by article 45.058(h)code of criminal procedure

Answer 64

45. 058(h)ccp In this article, “child” means a person who is:
    (1) at least 10 years of age and younger than 17 years of age; and
    (2) charged with or convicted of an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14.

Question 65

in this chapter 9 “custody” has the meaning assigned by section 38.01

Answer 65

d