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PENAL CODE > Penal Code > Flashcards

Penal Code Flashcards

1
Q

PC 22.012
Without the other person’s consent and with the intent to arouse or gratify the sexual desire of any person
-touches the anus, breast or any parts of genitals
-touches person with the anus, breast, or any part of genitals
-exposes or attempt to expose another person’s genitals, pubic area, anus,buttocks or female areola
-causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person
A) Sexual abuse
B) indecent assault
C) public lewdness

A

B)INDECENT ASSAULT

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2
Q

What is the punishment for INDECENT ASSAULT offense ?

A

Class A misdemeanor

**A for assault

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3
Q

Class A misdemeanor punishment

A

$4,0000 fine and not to exceed 1 yr in jail

4/1

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4
Q

Class B misdemeanor punishment

A

$2000 fine and up to 180 days in jail

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5
Q

Class C misdemeanor punishment

A

Fine not to exceed $500

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6
Q

State Jail Felony punishment

A

$10,000 not less than 180 days and up to 2yrs in state jail

180/2

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7
Q

Third Degree Felony punishment

A

$10,000 fine and 2-10 yrs in Prison

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8
Q

Second Degree Felony punishment

A

$10,000 fine and 2-20 yrs in Prison

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9
Q

First Degree Felony punishment

A

> $10,000 fine and 5-99 yrs of life Prison

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10
Q

PC 1.02
-The deterrent influence of the penalties hereinafter provided
-The rehabilitation of those convicted of violations of this code
-Such punishment as may be necessary to prevent likely recurrence of criminal behavior
A) Criminal Code Procedure objective
B) Penal Code objective
C) Arrest and seizure objectives
D) None of the above

A

B) Penal Code objectives

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11
Q

PC 1.03
Effect of the code of the Texas penal code is:
A) Conduct does constitute an offense, it is define as an offense by statue, municipal ordinance, order of a county commissioner court, or rule authorized by and lawfully adopted under a statue

B) Conduct does not constitute an offense unless it is define as an offense by statue, municipal ordinance, order of a county commissioner court, or rule authorized by and lawfully adopted under a statue

C) None

A

B) Conduct does not constitute an offense unless it is define as an offense by statue, municipal ordinance, order of a county commissioner court, or rule authorized by and lawfully adopted under a statue

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12
Q

PC 1.03
This code does not bar, suspend, or otherwise affect a right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this code defines as an offense, and the civil injury is not merged in the offense

A) Affirmative Defense
B) objective of Penal Code
C) effect of code

A

C) effect of code

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13
Q

Which offense is under chapter 22.012?
A) sexual assault
B) deadly conduct
C) indecent assault

A

C) indecent assault

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14
Q

PC 6.02
What are the culpable mental states

A

Intentional, knowing, reckless, criminal negligence

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15
Q

PC 42.072
Stalking punishment is?

A

Third degree felony

Exception: Second degree if previously convicted of an offense under this section(stalking PC 42.072)

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16
Q

PC 43.05
Compelling Prostitution punishment is?
A) F2
B) F3
C) F1
D) none

A

B) F3

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17
Q

PC 1.07
means a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened or another;
(C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.

A) Coercion
B) instigation
C) malicious communication

A

A) Coercion

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18
Q

PC 8.01

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

A) mental illness
B) insanity
C) both A and B

A

B) insanity

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19
Q

PC 15
Criminal conspiracy, criminal attempt, criminal solicitation and criminal solicitation of a minor are examples of

A) preparatory offenses
B) conspiracy offenses
C) preliminary

A

A) preparatory offenses

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20
Q

PC 19.02
A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual

A) manslaughter
B) murder
C) homicide

A

B) murder

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21
Q

PC 19.02
What’s the punishment for Murder?

A) F2
B) F3
C) F1

A

C) F1

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22
Q

PC 19.03
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(a)(1), (3), (4), (5), or (6);

A) murder
B) homicide
C) Capital murder

A

C) Capital murder

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23
Q

PC 19.02

the person murders an individual 10 years of age or older but younger than 15 years of age

A) criminal negligence
B) Capital murder
C) aggravated murder

A

C) capital murder

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24
Q

PC 19.02

the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court

A) capital murder
B) criminal negligence
C) manslaughter

A

A) Capital murder

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25
Q

PC 12.31

An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for

A) life
B) life or death
C) life without parole or death

A

C) life without parole or death

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26
Q

PC 12.31
If the individual is 18 yes or younger

An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:

A) life
B) life without parole
C) 5-99 years in jail

A

A) life

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27
Q

PC 12.31
For an individual older than 18 years of age

An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:

A) life
B) life without parole
C) 2-20 years in jail

A

B) life without parole

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28
Q

PC 19.04

A person commits an offense if he recklessly causes the death of an individual.

A) Capital Murder
B) manslaughter
C) criminal negligence

A

B) manslaughter

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29
Q

What is the punishment for a Manslaughter charge?

A) F3
B) F1
C) F2

A

C) F2

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30
Q

PC 19.05

A person commits an offense if he causes the death of an individual by criminal negligence.

A) criminal negligence
B) murder
C) capital murder

A

A) criminal negligence

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31
Q

PC 19.05
What is the punishment for a Criminal Negligence offense ?

A) F3
B) SJF
C) F1

A

B) SJF

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32
Q

PC 20.01

means to restrict a person’s movements without consent, so as to interfere substantially with the person’s liberty, by moving the person from one place to another or by confining the person.

A) abduction
B) kidnapping
C) restrain

A

C) restrain

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33
Q

PC 20.01

means to restrain a person with intent to prevent his liberation by:
(A) secreting or holding him in a place where he is not likely to be found; or
(B) using or threatening to use deadly force.

A) restrain
B) abduct
C) trafficking

A

A) abduct

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34
Q

PC 20.01

means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.

A) family
B) relative
C) household member

A

B) relative

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35
Q

PC 20.01

means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.

A) person
B) human
C) relative

A

A) person

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36
Q

PC 46.01

means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

A) handgun
B) weapon
C) firearm

A

C) firearm

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37
Q

PC 20.02 Unlawful Restrain

A person commits an offense if he ________or _________restrains another person.

A) knowingly / negligently
B) intentionally / knowingly
C) recklessly / knowingly

A

B) Intentionally / knowingly

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38
Q

What’s the punishment for an Unlawful Restraint offense ?

A) SJF
B) class A
C) class B

A

B) class A

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39
Q

PC 20.02 Unlawful Restrain

It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child younger than 14 years of age;

A) both B and C
B) actor was a relative of a child, and
the actor’s sole intent was to assume lawful control of the child.
C) actor is a member of the household

A

B) actor was a relative of a child, and
the actor’s sole intent was to assume lawful control of the child.

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40
Q

PC 20.02 Unlawful Restrain

It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child who is 14 years of age or older and younger than 17 years of age;
(2) the actor does not restrain the child by force, intimidation, or deception; and
(3) the actor is not more than 5 years older than the child.

True
False

A

False

(3) the actor is no more than 3 years older than the child

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41
Q

Unlawful restraint class A enhancement

SJF if:

A) the person restrained was a child younger than 14 years of age
B) the person restrained was a child younger than 17 years of age
C) the person restrained was a child younger than 14 but not older than 18 years of age

A

B) the person restrained was a child younger than 17 years of age

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42
Q

PC 1.06
A person attains a specified age on the day of______ of his birthday.

A) anniversary
B) date after birth
C) birth

A

A) anniversary

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43
Q

PC 1.07

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

A) impulse
B) act
C) action

A

B) act

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44
Q

PC 1.07

means a person whose criminal responsibility is in issue in a criminal action.

A) actor
B) person
C) body

A

A) actor

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45
Q

PC 1.07

includes authority, board, bureau, commission, committee, council, department, district, division, and office.

A) Building
B) agency
C) work place

A

B) agency

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46
Q

PC 1.07

has the meaning assigned by Section 1.04, Alcoholic Beverage Code.

“means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.”

A) alcoholic beverage
B) wine
C) beer

A

A) alcoholic beverage

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47
Q

PC 1.07

means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.

A) company
B) business
C) association

A

C) association

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48
Q

PC 1.07

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

A) benefit
B) payment
C) asset

A

A) benefit

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49
Q

PC 1.07

means physical pain, illness, or any impairment of physical condition.

A) injury
B) bodily injury
C) serious bodily injury

A

B) bodily injury

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50
Q

PC 1.07

means a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened or another;
(C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.

A) ultimatum
B) intimidation
C) coercion

A

C) coercion

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51
Q

PC 1.07

means an act or omission and its accompanying mental state.

A) conduct
B) behavior
C mental state

A

A) conduct

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52
Q

PC 1.07

means assent in fact, whether express or apparent.

A) permission
B) consent
C) act

A

B) consent

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53
Q

a ______or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

A) club
B) deadly weapon
C) Firearm

A

B) deadly weapon

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54
Q

PC 1.07

means an offense so designated by law or punishable by death or confinement in a penitentiary.

A) Misdemeanor
B) Felony
C) Capital punishment

A

B) Felony

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55
Q

PC 1.07

means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.

A) human
B) person
C) individual

A

C) individual

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56
Q

PC 1.07

means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute.

A) law
B) statue
C) constitutional law

A

A) law

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57
Q

PC 1.07

means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.

A) Felony
B) misdemeanor
C) death penalty

A

B) misdemeanor

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58
Q

PC 1.07

means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument.

A) landlord
B) owner
C) keeper

A

B) owner

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59
Q

PC 1.07

means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.

A) person
B) individuals
C) organization

A

A) person

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60
Q

PC 1.07

means actual care, custody, control, or management.

A) holder
B) possession
C) owner

A

B) possession

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61
Q

PC 1.07

means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

A) place
B) public place
C) property

A

B) public place

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62
Q

PC 1.07

means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

A) reasonable belief
B) reasonable doubt
C) belief

A

A) reasonable belief

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63
Q

PC 1.07

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.

A) bodily injury
B) injury
C) serious bodily injury

A

C) serious bodily injury

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64
Q

PC 1.07

means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.

A) lawful
B) unlawful
C) legal

A

B) unlawful

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65
Q

PC 2.02

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.

A) affirmative defense
B) defense
C) exception

A

C) exception

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66
Q

PC 2.03

The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.

A) defense
B) exception
C) presumption

A

A) defense

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67
Q

PC 1.07

The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.

A) defense
B) affirmative defense
C) prosecution

A

B) affirmative defense

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68
Q

PC 1.07
It means failure to act

A) prevention
B) omission
C) act

A

B) omission

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69
Q

PC 6.03

or with ________, 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

A) knowingly
B) recklessly
C) intentionally

A

C) intentionally

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70
Q

PC 6.03

or with _________, 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.

A) knowingly
B) recklessly
C) intentionally

A

A) knowingly

71
Q

PC 6.03

A person acts ________or is ________with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.

A) intentionally / intent
B) knowingly / knowing
C) recklessly / reckless

A

C) recklessly / reckless

72
Q

PC 6.03

A person acts with _________, or is ________, 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.

A) recklessly / reckless
B) criminal negligence / criminally negligent
C) knowingly / knowledge

A

B) criminal negligence / criminally negligent

73
Q

PC 6.04

A person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.

A) act
B) criminally negligent
C) causation

A

C) causation

74
Q

PC 31.03

A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

A) theft
B) robbery
C) unlawful possession of goods

A

A) theft

75
Q

PC 31.03
A friend steals property and offers it to you because he no longer wants it. You take the property knowingly he previously stole it from another person, you could be charged with?

A) robbery
B) coercion
C) theft

A

C) theft

76
Q

PC 31.03
Theft Penalty group class C

A

Value less than $100

77
Q

PC 31.03
Theft penalty group class B

A

$100 to $750

78
Q

PC 31.03
Theft penalty group class A

A

$750 to $2,500

79
Q

PC 31.03
Theft penalty group for State Jail Felony

A

$2,500 to $30,000 or less than 10 heads of sheep, swine, or goat or any part thereof under the value of $30,000

80
Q

PC 31.03
Theft penalty group for 3rd degree Felony

A

$30,000 to $150,000

81
Q

PC 32.03
Theft penalty group for 2nd Degree Felony

A

$150,000 to $300,000

82
Q

PC 31.03
Theft penalty group for 1st degree felony

A

more than $300,000

83
Q

PC 31.03
A police officer receives $750 for a pair of stolen earrings in return for not giving the person a speeding ticket. The person stopped by the police officer confess during the traffic stop that the pair of earrings were stolen. What would be the officer’s punishment?

A) class A
B) SJF
C) F3

A

B) SJF

Ref: 31.03 (7)(f)

84
Q

PC 31.03
A government contractor working on a hospital steals $150 worth of syringes from his assigned work place. What would be his charge?

A) Class C
B) Class A
C) SJF
D) F3

A

B) Class A

85
Q

PC 31.03
You make a traffic stop, during the stop you discover a stolen firearm. What’s the charge ?

A) Class A
B) SJF
C) F3

A

B) SJF

PC 31.03 (4)(C)

86
Q

PC 31.03
You get a suspicious person call. During the course of the investigation you discover that Mr. Doe, has in his possession stolen merchandise which matches merchandise stolen from a previous call you got. You also discovered that he has previous theft charges on his record. The total value of the merchandise you find in his possession is about $1,500. What’s the charge?

A) F3
B) F2
C) SJF

A

C) SJF

PC 31.03.(4)(d)

87
Q

PC 31.03
You are dispatch to a call involving a dispute between a voter representative and a voter at the voting location. During your investigation you discover that the voter took a box containing voting ballots because the voting representative refused to take care of that person after their dispute. In retaliation the voter took the box to her car and departed the area to vote at another location. What’s the charge if any?

A) Class C
B) SJF
C) Class B

A

B) SJF

PC 31.03(4)(e)

88
Q

PC 31.03
You get dispatched to a call of a person stealing vases from a local cemetery. Upon your arrival and during your investigation, you find out that he has a bronze vase that belongs to one of the grave sites. The base monetary value is $1,300. When you ask why he’s been stealing vases you find out that he was doing it to sell it for money. What’s the charge of any?

A) SJF
B) Class C
C) Class B

A

A) SJF

PC 31.03(4)(f)

89
Q

PC 31.03
You are dispatch to a theft call, during your investigation you find out that the man you detained has indeed stole over 10 cows all in one night and 5 horses in another occasion for a total value of $139,000. What’s the charges?

A) Class A
B) SJF
C) F3

A

C) F3

2 counts PC 31.03(5)(a)

90
Q

PC 31.01
Means real property, tangible or intangible personal property including anything severed from land. Or including a document, including money, that represents or embodies anything of value

A) appropriate
B) property
C) valuables

A

B) property

91
Q

PC 31.04

A person commits ___________if, with intent to avoid payment for service that the actor knows is provided only for compensation.

A) theft
B) theft of service
C) robbery

A

B) theft of service

92
Q

PC 12.03

An offense designated a misdemeanor in this code without specification as to punishment or category is a _________misdemeanor.

A) class A
B) class B
C) class C

A

C) class C

93
Q

PC 29.02

A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death

A) theft
B) aggravated robbery
C) robbery

A

C) robbery

94
Q

PC 29.02
You get dispatch to a call where the victim claims a suspect took her jewelry, in the course of it he tells her that if she calls the police he will kill her. What’s the punishment and what’s the charge?

A) burglary / class b
B) theft / class b
C) robbery / F3

A

C) robbery / F3

95
Q

PC 29.03

A person commits an offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.

A) robbery
B) aggravated robbery
C) aggravated theft

A

B) aggravated robbery

96
Q

PC 29.03
While on duty you gets dispatched to a park where a lady is walking her dog. During your investigation you find out that the suspect snatched her purse and ran away from the scene, you also find out that she is 70 years old and she has health issues. What’s the charge and punishment?

A) robbery / F1
B) robbery / F2
C) aggravated robbery / F1

A

C) aggravated robbery / F1

97
Q

PC 30.02

A person commits an offense if, without the effective consent of the owner, the person:
(1) 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.
(b) For purposes of this section, “enter” means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
(c) Except as provided in Subsection (c-1) or (d)

A) aggravated robbery
B) burglary
C) robbery

A

B) burglary

98
Q

PC 30.02
You get dispatched to a call of a person looking thru windows of a commercial building. After you arrive and sweep the area you find him running a block away from the building. After all the questioning is done and you have concluded with your investigation you found out that he took tools and a few other items from inside the building. What’s the charge and punishment for the charge?

A) robbery/ F1
B) burglary / SJF
C) burglary / class A

A

B) burglary state jail felony

PC 30.02(b)(c) (1)

99
Q

PC 8.02

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

A) mistake of law
B) mistake of fact
C) duress

A

B) mistake of fact

Put simply, in a mistake of fact defense, the defendant claims they didn’t have the intent to commit the crime because they did not understand a particular fact.

In other words, in order to be able to use mistake of fact as a defense at all, the mistake that the defendant made must have been one that an ordinary person would have made under the circumstances.

100
Q

PC 8.03

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

A) mistake of law
B) mistake of fact
C) entrapment

A

A) mistake of law

For example, while a defendant will not be able to claim that he was not aware that murder was a crime, he may be able to argue that he was not aware of some obscure traffic law.

101
Q

PC 8.04

For purposes of this section _________means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

A) insanity
B) intoxication
C) impaired

A

B) intoxication

102
Q

PC 8.05

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.

a) insanity
B) duress
C) mistake of law

A

B) duress

For example, the threat of being shot for failure to commit a crime

For example, duress is when an accountant is forced to sign a document authorizing the transfer of funds to another person with a gun pointed to his head.

103
Q

PC 8.06

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______.

A) persuasion
B) duress
C) entrapment

A

C) entrapment

104
Q

PC 8.07

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

A) perjury
B) misdemeanor punishable by fine
C) Capital felony
D) all the above

A

D) all the above

105
Q

PC 19.01

_____________is murder, capital murder, manslaughter, or criminally negligent homicide.

A) homicide
B) criminal negligence
C) criminal homicide

A

C) criminal homicide

106
Q

PC 19.01

A person commits criminal homicide if he ____________,____________,_________or with criminal negligence causes the death of an individual.

A) intentionally, knowingly, recklessly
B) intentionally, criminally, recklessly
C) intentionally, recklessly, criminal negligent

A

A) intentionally, knowingly, recklessly

107
Q

PC 19.02

_____________means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

A) sudden passion
B) adequate cause
C) manslaughter

A

B) adequate cause

108
Q

PC 19.02

____________means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation

A) sudden passion
B) adequate cause
C) criminal homicide

A

A) sudden passion

109
Q

PC19.02

A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

A) capital murder
B) manslaughter
C) murder

A

C) murder

110
Q

PC 19.02
What’s the punishment for murder?

A) F3
B) F2
C) Capital murder
D) F1

A

D) F1

111
Q

PC19.02 Murder

At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a _________

A) F3
B) F2
C) SJF

A

B) F2

112
Q

PC 19.03

A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:
(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

A) murder
B) Capital Murder
C) Criminal Homicide

A

B) Capital Murder

113
Q

PC 20.03

A person commits an offense if he intentionally or knowingly abducts another person.

A) restraint
B) abduct
C) kidnapping

A

C) kidnapping

114
Q

PC 20.03
What’s the punishment for a kidnapping charge?

A) F2
B) F3
C) F1

A

B) F3

115
Q

PC 20.03

A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;

A) kidnapping
B) aggravated kidnapping
C) unlawful restraint

A

B) aggravated kidnapping

116
Q

PC 20.03

A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
Use him as a shield or hostage

A) restrain
B) aggravated kidnapping
C) abduction

A

B) aggravated kidnapping

117
Q

PC 20.03

A person commits an offense if he intentionally or knowingly abducts another person with the intent to
inflict bodily injury on him or violate or abuse him sexually

A) aggravated kidnapping
B) unlawful restraint
C) aggravated abduction

A

A) aggravated kidnapping

118
Q

PC 20.03

A person commits an offense if he intentionally or knowingly abducts another person with the intent to terrorize him or a third person

A) abduct
B) unlawful restraint
C) aggravated kidnapping

A

C) aggravated kidnapping

119
Q

PC 19.02
What are the culpable mental state of murder?

A) recklessly, knowingly
B) knowingly, intentionally
C) criminal negligence, intentionally

A

B) knowingly, intentionally

120
Q

PC 20.05

A person commits an offense if the person knowingly:
(1) uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to:
(A) conceal the individual from a peace officer or special investigator; or
(B) flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor;
(2) encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection; or
(3) assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner.

A) kidnapping
B) smuggling
C) smuggling of persons

A

C) smuggling of persons

121
Q

PC 20.05
What’s the punishment for a smuggling of persons charge?

A) F3
B) F1
C) class A

A

B) F3

122
Q

PC 42.07

A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene

A) harassment
B) disorderly conduct
C) stalking

A

A) harassment

123
Q

PC 42.07

A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person

threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person’s family or household, or the person’s property

A) stalking
B) harassment
C) disorderly conduct

A

B) harassment

124
Q

Pc 21.07

A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person’s:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse; or
(3) act of sexual contact.

A) Indecent exposure
B) public lewdness
C) homosexual act

A

B) public lewdness

125
Q

PC 42.07
What’s the punishment for public lewdness charge?

A) class B
B) class C
C) class A

A

C) Class A

126
Q

PC 21.11

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 of any person:

A) child sexual abuse
B) indecency with a child
C) public lewdness

A

B) indecency with a child

127
Q

PC 21.11

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

exposes the person’s anus or any part of the person’s genitals, knowing the child is present

A) sexual conduct with a child
B) public lewdness
C) indecency with a child

A

C) indecency with a child

128
Q

PC 21.08

A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

A) indecency with a child
B) public lewdness
C) indecent exposure

A

C) indecent exposure

129
Q

PC 21.12

An employee of a public or private primary or secondary school commits an offense if the employee:

(1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works

A) improper relationship between educator and student
B) sexual harassment
C) sexual relationships between educator and student

A

A) improper relationship between educator and student

130
Q

PC 21.12
What’s the punishment for an improper relationship between an educator and student charge ?

A) F3
B) F1
C) F2

A

C) F2

131
Q

PC 21.15

means any portion of the female breast below the top of the areola

A) nipple
B) man breast
C) female breast

A

C) female breast

132
Q

PC 21.15

means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person

A) intimate parts
B) intimate area
C) intimate organs

A

B) intimate area

133
Q

PC 21.15

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

A) video recording
B) explicit video recording
C) invasive video recording

A

C) invasive video recording

134
Q

PC 21.15

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

photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room

A) private video recording
B) pornography
C) invasive video recording

A

C) invasive video recording

135
Q

PC 21.16

A person commits an offense if:
(1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct

A) sexual video recording
B) explicit material
C) unlawful disclosure or promotion of intimate visual material

A

C) unlawful disclosure or promotion of intimate visual material

136
Q

PC 21.16

A person commits an offense if: at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private

A) improper visual material
B) promotion of sexual material
C) unlawful disclosure or promotion of intimate visual material

A

C) unlawful disclosure or promotion of intimate visual material

137
Q

PC 46.08
When a person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb and make another believe that the hoax bomb is a explosive or incendiary device is a:

A) 3rd Degree Felony if committed within city limits of 100,00 or more.

B) Class B Misdemeanor

C) State Jail Felony if committed within city limits of 100,00 or more

D) class A misdemeanor

A

D) class A misdemeanor

138
Q

PC 71.01

Criminal street gang” means _______ or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.

A) two

B) four

C) three

D) seven

A

C) three

139
Q

PC 36.06

Mr. Jones threatens to “punch out” the dog catcher because he testified against him in court for violation of the city’s barking dog ordinance. Which of the following is the most serious offense that he can legally be charged with?

A) Assault

B) Aggravated Assault

C) Aggravated Bribery

D) Obstruction or Retaliation

A

D$ obstruction or retaliation

140
Q

PC 25.07

A peace officer investigating conduct that may constitute an offense concerning a “Violation of Protective Order or Magistrate’s Order” for a violation of that order;

A) May not arrest a person protected by that order for a violation of that order.

B) None listed

C) Shall arrest both the person protected by that order and the person who the order was against for violation of that order.

D) shall arrest a person protected by that order for a violation of that order.

A

A) may not arrest a person protected by that order for a violation of that order

141
Q

PC 20A.02

A person “transports” several young Mexican men with the intent of hiring them to labor in fruit orchards in south Texas. What crime, if any, has occurred?

A) Unlawful Transport

B) Kidnapping

C) Trafficking of Persons

D) No crime has occurred

A

D) No crime has occurred

142
Q

PC 21.08

A person commits “_____________” if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

A) Indecent Exposure

B) Public Lewdness

C) Unlawful Indecency

D) none listed

A

A) indecent Exposure

143
Q

PC 46.05

Mr. Joe Smart has been legally arrested for “D.W.I.”. The officer searches Smart and finds a tire deflation device on his person. In addition to D.W.I., Mr. Smart may be charged with __________________.

A) Prohibited Weapons

B) Illegal Knife

C) No additional charges are warranted

D) Unlawfully Carrying Weapons

A

A) Prohibited weapons

144
Q

PC 49.031

A person commits the offense of “_______________” if the person knowingly possesses an “open container” (of alcohol) in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.

A) open container violation

B) there is no offense

C) driving while intoxicated

D) public intoxication

E) possession of alcoholic beverage in motor vehicle

A

E) possession of alcoholic beverage in a motor vehicle

145
Q

PC 42.03

Obstructing a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances is a

A) State Jail Felony.

B) Class A Misdemeanor.

C) Class B Misdemeanor.

D) 3rd Degree Felony.

A

C) Class B Misdemeanor

146
Q

PC 22.05

A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

A) deadly conduct
B) reckless conduct
C) consent and defense to assaultive conduct
D) none of these

A

A) deadly conduct

147
Q

PC 22.05

A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

A) aggravated assault
B) assault
C) deadly conflict
D) deadly conduct

A

D) deadly conduct

148
Q

PC 22.05
A person commits __________ if Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded

A) all of these
B) assault
C) deadly conduct
D) disorderly conduct

A

C) deadly conduct

149
Q

What’s the punishment for a deadly conduct charge ?

A) class A
B) class B
C) class C
D) none of the above

A

A) class A

150
Q

PC 22.05
person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied

Then his guilty of ?

A) class B
B) F1
C) F3
D SJF

A

C) F3

151
Q

PC 22.06

The victim’s effective consent or the actor’s reasonable belief that the victim consented to the actor’s conduct is a defense to prosecution under Section 22.01 (_______), 22.02 (___________), or 22.05 (___________) if:
(1) the conduct did not threaten or inflict serious bodily injury; or
(2) the victim knew the conduct was a risk of:
(A) his occupation;
(B) recognized medical treatment; or
(C) a scientific experiment conducted by recognized methods.

A) sexual assault, deadly conduct, assault
B) assault, aggravated assault, deadly conduct
C) Arson, Assault, aggravated assault

A

B) assault, aggravated assault, deadly conduct

152
Q

PC 22.07

A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

place any person in fear of imminent serious bodily injury

A) assault
B) terroristic threat
C) harassment

A

B) terroristic threat

153
Q

PC 22.07
A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

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

A) terroristic threat
B) unlawful threat
C) aggravated assault

A

A) terroristic threat

154
Q

22.07
A person phone calls a school and announces that a there’s a bomb that will go off at 10:00 am.

This person is guilt of ?

A) terrorism
B) aggravated terrorism
C) terroristic threat

A

C) terroristic threat

155
Q

PC 22.07

A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: and

(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies

What would be his punishment?

A) class B
B) class C
C) F3

A

A) class B

156
Q

PC 22.07
If a person place any person in fear of imminent serious bodily injury, and

(1) is committed against a member of the person’s family or household or otherwise constitutes family violence;

What would you charge him with?

A) class B
B) SJF
C) F3
D) class A

A

D) class A

157
Q

PC 22.07

A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to

(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

An offense under Subsection (a)(3) is a _______misdemeanor, unless the actor causes pecuniary loss of $__________or more to the owner of the building, room, place, or conveyance, in which event the offense is a ___________

A) Class C, $1500, F3
B) Class A, $2,000, SJF
C) Class A, $1500, SJF

A

C) Class A, $1500, SJF

158
Q

PC 22.07

(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
(5) place the public or a substantial group of the public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is ___________

A) F1
B) SJF
C) F3

A

C) F3

159
Q

PC 1.02
OBJECTIVE OF THE CODE

REMEMBER DRP

A

-The DETERRENT INFLUENCE
-The REHABILITATION of those convicted
-The PUNISHMENT as maybe necessary to prevent crime

160
Q

PC 1.04

(a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:

(1) either the _______or a_______that is an ________of the offense occurs inside this state

A

A) Conduct, result, element
B) offense, result, element
C) punishment, consolidation, part

161
Q

PC 1.07

“Element of offense” means:
(A) the ________conduct;
(B) the required _________;
(C) any required _______; and
(D) the ________ of any______to the offense

A) right, exception, result, causation element
B) Forbidden, culpability, result, nagation, exception
C), result, culpability, negation, element, exception

A

B) Forbidden, culpability, result , negation, exception

162
Q

PC 2.04. Affirmative Defense

(d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a____________

A) Presumption of evidence
B) Preponderance of evidence
C) reasonable suspicion of a charge

A

B) preponderance of evidence

163
Q

PC 20A.01

means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.

A) traffic
B) kidnapping
C) coercion

A

A) traffic

164
Q

PC 43.03

A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:
(1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
(2) solicits another to engage in sexual conduct with another person for compensation.

A) solicitation of prostitution
B) promotion of prostitution
C) online promotion of prostitution

A

B) promotion of prostitution

165
Q

The punishment for a charge of promotion of prostitution is?

A) F1
B) SJF
C) class B
D) F3

A

D) F3

166
Q

PC 43.021

A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another

A) promotion of prostitution
B) online promotion of prostitution
C) solicitation of prostitution

A

C) solicitation of prostitution

167
Q

PC 43.021
The punishment for a charge of solicitation of prostitution is?

A) class C
B) SJF
C) Class B
D) Class A

A

B) SJF

168
Q

PC 43.02

A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.

A) aggravated promotion of prostitution
B) sexual misconduct
C) prostitution

A

C) prostitution

169
Q

PC 43.02
The punishment for a prostitution charge is ?

A) class C
B) class B
C) SJF

A

B) class B

170
Q

PC 43.02 Prostitution

if the actor has previously been convicted one or two times of an offense under Subsection (a) then the punishment is ?

A) class A
B) SJF
C) F3

A

A) class A

171
Q

PC 43.02 Prostitution

if the actor has previously been convicted three or more times of an offense under Subsection (a). Then the punishment is

A) F3
B) F1
C) Class A
D) SJF

A

D) SJF

172
Q

PC 43.04

A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes

A) Aggravated online promotion of prostitution
B) Aggravated promotion of prostitution
C) compelling prostitution

A

B) Aggravated promotion of prostitution

173
Q

PC 43.04
What’s the punishment for an aggravated promotion of prostitution charge?

A) F3
B) F2
C) F1

A

C) F1

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