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Sgt. Exam > Penal Code > Flashcards

Penal Code Flashcards

1
Q

All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

A

Proof beyond a reasonable doubt

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2
Q

Class A Misdemeanor

A

Fine Not to exceed $4000
Jail not to exceed 1 Yr

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3
Q

Class B Misdemeanor

A

Fine Not to exceed $2000
Jail not to exceed 180 Days

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4
Q

Class C Misdemeanor

A

Fine no to exceed $500
No Jail

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5
Q

Capital Felony

A

Lifetime Jail no parole (if 18 or older)
Lifetime Jail (if 18 or younger)
$10,000 Fine

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6
Q

1st Degree Felony

A

5-99 Yrs Jail
$10,000 Fine

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7
Q

2nd Degree Felony

A

2-20 Yrs Jail
$10,000 Fine

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8
Q

3rd Degree Felony

A

2-10 Yrs Jail
$10,000 Fine

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9
Q

State Jail Felony

A

180 Days to 2 Yrs Jail
$10,000 Fine

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10
Q

Murder

A

1st Degree

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11
Q

Capital Murder

A

Capital Felony

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12
Q

Manslaughter

A

Recklessly, 2nd Degree

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13
Q

Criminally Negligent Homicide

A

Criminal Negligence, State Jail felony

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14
Q

Agg Kidnapping

A

ransom, hostage, terrorize, with weapon
2nd Degree

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15
Q

Continuous sexual abuse of young child or Disabled

A

period of 30 days or more commits 2 or more acts.

Actor is 17 or older
Child is younger than 14

1st Degree felony 25-99 yrs

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16
Q

Public lewdness

A

public sex Class A

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17
Q

Indecent exposure

A

exposes genitalia with sexual desire

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18
Q

Bestiality

A

Animal sex , State Jail Felony

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19
Q

Indecency with CHild

A

Child younger than 17, sex contact, exposes, 3 yr age gap
2nd Degree

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20
Q

Improper relationship Educator and student

A

2nd Degree

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21
Q

Invasive Visual Recording

A

State Jail Felony

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22
Q

Unlawful Disclosure, intimate visual material

A

State Jail Felony

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23
Q

Assault

A

Class A,
Impeding 3rd Degree (Family)
Police (3rd Degree)S

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24
Q

Sexual Assault

A

2nd Degree

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25
Q

Indecent Assault

A

Touching (Groping) etc, Class A

26
Q

Agg Assault

A

Weapon, serious bodily injury
2nd Degree Felony

27
Q

Aggravated Sexual Assault

A

Child, elderly, Weapon or disabled
Victim/child = younger than 14
Elderly = 65 or older
Disabled = older than 13
Child = younger than 17

Mandatory 25 Yrs if child younger than 6. 14 for other things

28
Q

Deadly Conduct

A

Class A
recklessly engages in conduct that can seriously hurt someone, shoot at buildings, point gun at person even if unloaded

29
Q

Terroristic Threat

A

imminient serious injury
Class A

30
Q

Leave Child in vehicle

A

Longer than 5 mins, Child younger than 7 and not attended by someone older than 14
Class C

31
Q

Prohibited Sexual Conduct (incest)

A

2nd Degree Felony

32
Q

Interference with child Custody

A

SJF

33
Q

Criminal NonSupport

A

SJF

34
Q

Continuous Family Violence

A

12 months or less, 2 occurences

3rd Degree Felony

35
Q

Criminal Mischief
Theft
Graffiti

Monetary amounts and levels

A

Class C: <$100
Class B: $100 - $750
Class A: $750 - $2500
State Jail Felony: $2500 - $30,000
3rd Degree: $30,000 - $150,000
2nd Degree: $150,000 - $300,000
1st Degree: > $300,000

36
Q

Robbery

A

theft + Force/Injury
2nd Degree Felony

37
Q

Agg Robbery

A

Weapon or Serious Bodily Injury

1st Degree

38
Q

Burglary

A

Car: Class A
Any other building: SJF
Home: 3rd Degree
Home + intent to commit felony: 1st Degree Felony

39
Q

Criminal Trespass

A

Class B

40
Q

Online Solicitation

A

Younger than 17
3rd Degree
Younger than 14
2nd Degree

41
Q

Bribery

A

2nd Degree

42
Q

Perjury

A

Class A

43
Q

Tampering, fabricating Evidence

A

3rd Degree

44
Q

Fail to ID

A

Refuses: Class C
Detained/arrested : Class B
Detained and wanted: Class A

45
Q

Resisting and evading

A

Class A
with Vehicle: 3rd Degree

46
Q

Escape

A

2nd Degree

47
Q

Abuse of Official Capacity

A

Class A (Misusing Govt Property)

48
Q

Official Oppression

A

Class A (under color of employment abuses)

49
Q

Riot

A

7 or more
Class B

50
Q

False Alarm or Report

A

Class A

51
Q

Harassment

A

Class B

52
Q

Poss CP

A

Younger than 18 Depicting sex conduct, moving scale
>100 Depictions (3rd Degree)
100-500 (2nd Degree)
500+ (1st Degree)

53
Q

Electronic Transmission

A

Kids
Class C unless other factors

54
Q

Unlawful carrying weapons

A

Class A

55
Q

Prohibited weapons

A

Explosive weapon
Machine gun
Short Barrel Firearm
armor piercing Ammo
Chemical Dispensing Device
zip gun
tire deflation device
IED

3rd Degree Felony

56
Q

DWI

A

.08 BAC: Class B
.15 BAC: Class A
Child Passenger (Younger than 15): State Jail Felony

72 Hr Confinement

57
Q

Intox Assault

A

3rd Degree (Driving 90 and mess someone up)

58
Q

Intox Manslaughter

A

2nd Degree (Driving 90 and Kill someone)

59
Q

Sex offenses Child is?

A

Younger than 17

60
Q

Sexual Performance

A

2nd degree (Younger than 17)
1st Degree (Younger than 14)

Sgt. Exam (7 decks)

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