Penal Code 2014 Test Flashcards
PAGE 17 CH 20A
IN THE OFFENSE OF “TRAFFICKING OF PERSONS” THE TERM CHILD MEANS
A) A PERSON YOUNGER THAN 18 YEARS OF AGE
B) A PERSON YOUNGER THAN 17 YEARS OF AGE
C) A PERSON 14 YEARS OF AGE AND YOUNGER THAN 18 YEARS OF AGE
D) A PERSON 14 YEARS OF AGE OR YOUNGER
A) A PERSON YOUNGER THAN 18 YEARS OF AGE
A PERSON 17 YEARS OF AGE OR YOUNGER = MEANS THE SAME FUCKING THING
PAGE 17 SEC 20A.02
WHAT OFFENSE IS COMMITTED WHEN A PERSON KNOWINGLY TRAFFICS ANOTHER PERSON WITH THE INTENT THAT THE TRAFFICKED PERSON ENGAGES IN FORCED LABOR OR SERVICES TO INCLUDE PROSTITUTION OFFENSES OR RECEIVES BENEFIT FROM THE ACTIVITIES OF THE TRAFFICKED PERSON.
A) SMUGGLING OF A PERSON
B) HUMAN TRAFFICKING
C) TRAFFICKING OF PERSONS
D) HUMAN SMUGGLING
C) TRAFFICKING OF PERSONS
PAGE 90 / 38.02
WHAT OFFENSE IS COMMITTED BY A PERSON WHO INTENTIONALLY REFUSES TO GIVE HIS *NAME*, *RESIDENCE ADDRESS*, OR *DATE OF BIRTH* TO A PEACE OFFICER WHO HAS *LAWFULLY ARRESTED* THE PERSON AND REQUESTED THE INFORMATION OR {INTENTIONALLY GIVES A FALSE *NAME*, *RESIDENCE ADDRESS*, OR *DATE OF BIRTH* TO A PEACE OFFICER WHO HAS *LAWFULLY ARRESTED* OR *LAWFULLY DETAINED* THE PERSON} (OR REQUESTED FROM A WITNESS TO A CRIMINAL OFFENSE)
A) FALSE REPORT TO A PEACE OFFICER
B) FALSE IDENTIFICATION AS PEACE OFFICER
C) FAILURE TO IDENTIFY
D) OBSTRUCTION OF JUSTICEC) FAILURE TO IDENTIFY
PAGE 90 / 38.01 \_\_\_\_\_\_\_\_ MEANS AN ATTORNEY, CHIROPRACTOR, PHYSICIAN, SURGEON, PRIVATE INVESTIGATOR, OR ANY OTHER PERSON LICENSED, CERTIFIED, OR REGISTERED BY A STATE AGENCY THAT REGULATES A HEALTH CARE PROFESSION. A) RECIPIENT OF A DOCTORATE OF SCIENCE B) PROFESSIONAL C) EXPERT D) LEGAL REPRESENTATIVE
B) PROFESSIONAL
PAGE 89 / 38.01
____________ MEANS A PERSON FOR WHOM A VALID ARREST WARRANT HAS BEEN ISSUED.
A) FUGITIVE
B) ESCAPE
C) FUGITIVE FROM THE LAW
D) FUGITIVE FROM JUSTICE
D) FUGITIVE FROM JUSTICE
PAGE 89 / 38.01
________ MEANS UNAUTHORIZED DEPARTURE FROM CUSTODY OR FAILURE TO RETURN TO CUSTODY FOLLOWING TEMPORARY LEAVE FOR A SPECIFIC PURPOSE OR LIMITED PERIOD…..
A) FUGITIVE
B) ESCAPE
C) ESCAPE FROM JUSTICE
D) ESCAPE FROM CUSTODY
B) ESCAPE
PAGE 89 / 38.01
_______ MEANS UNDER ARREST BY A PEACE OFFICER OR UNDER RESTRAINT BY A PUBLIC SERVANT PURSUANT TO AN ORDER OF A COURT OF THIS STATE OR ANOTHER STATE OF THE UNITED STATES; OR UNDER RESTRAINT BY AN AGENT OR EMPLOYEE OF A FACILITY THAT IS OPERATED BY OR UNDER CONTRACT WITH THE UNITED STATES AND THAT CONFINES PERSONS ARRESTED FOR, CHARGED WITH, OR CONVICTED OF CRIMINAL OFFENSES.
A) APPREHEND
B) ARREST
C) CUSTODY
D) DETAINED
C) CUSTODY
PAGE 116 / 43.03
WHAT OFFENSE IS COMMITTED BY A PERSON WHO ACTING OTHER THAN AS A PROSTITUTE RECEIVING COMPENSATION FOR PERSONALLY RENDERED PROSTITUTION SERVICES, HE OR SHE KNOWINGLY; RECEIVES MONEY OR OTHER PROPERTY PURSUANT TO AN AGREEMENT TO PARTICIPATE IN THE PROCEEDS OF PROSTITUTION OR SOLICITS ANOTHER TO ENGAGE IN SEXUAL CONDUCT WITH ANOTHER PERSON FOR COMPENSATION? A) PROSTITUTION B) AGGRAVATED PROSTITUTION C) COMPELLING PROSTITUTION D) AGGRAVATED PROMOTION OF PROSTITUTION E) PROMOTION OF PROSTITUTION
E) PROMOTION OF PROSTITUTION
PAGE 116 / 43.03
WHAT OFFENSE IS COMMITTED BY A PERSON WHO KNOWINGLY OWNS, INVESTS IN, FINANCES, CONTROLS, SUPERVISES, OR MANAGES A PROSTITUTION ENTERPRISE THAT USES TWO OR MORE PROS TIT UTES?
A) PROSTITUTION B) AGGRAVATED PROSTITUTION C) COMPELLING PROSTITUTION D) AGGRAVATED PROMOTION OF PROSTITUTION E) PROMOTION OF PROSTITUTION
D) AGGRAVATED PROMOTION OF PROSTITUTION
HMM…. I DO HAVE SPARE ROOM IN MY HOUSE….. AND IF I DON’T ACCEPT ANY PRO-CEEDS, MONEY, OR PROPERTY…. HA,HA,HA… PIMP-DADDY…
PAGE 116 / 43.03
WHAT OFFENSE IS COMMITTED BY A PERSON WHO KNOWINGLY CAUSES ANOTHER BY FORCE, THREAT, OR FRAUD TO COMMIT PROSTITUTION OR CAUSES BY ANY MEANS A CHILD YOUNGER THAN 18 YEARS TO COMMIT PROSTITUTION, REGARDLESS OF WHETHER THE ACTOR KNOWS THE AGE OF THE CHILD AT THE TIME THE ACTOR COMMITS THE OFFENSE?
A) PROSTITUTION B) AGGRAVATED PROSTITUTION C) COMPELLING PROSTITUTION D) AGGRAVATED PROMOTION OF PROSTITUTION E) PROMOTION OF PROSTITUTION
C) COMPELLING PROSTITUTION
PAGE 115 / 43.03
WHAT OFFENSE IS COMMITTED BY A PERSON WHO KNOWINGLY; OFFERS TO ENGAGE, AGREES TO ENGAGE, OR ENGAGES IN SEXUAL CONDUCT FOR A FEE OR SOLICITS ANOTHER IN A PUBLIC PLACE TO ENGAGE WITH THE PERSON IN SEXUAL CONDUCT FOR HIRE?
A) PROSTITUTION B) AGGRAVATED PROSTITUTION C) COMPELLING PROSTITUTION D) AGGRAVATED PROMOTION OF PROSTITUTION E) PROMOTION OF PROSTITUTION
A) PROSTITUTION
PAGE 116 / SEC 43.06
CAN A PARTY TO THE OFFENSE OF PROSTITUTION BE PROSECUTED WHEN REQUIRED TO FURNISHING EVIDENCE OR TESTIFY ABOUT THE OFFENSE?
A) NO, AND THE EVIDENCE AND TESTIMONY MAY NOT BE USED AGAINST THE PARTY IN ANY ADJUDICATORY PROCEEDING EXCEPT A PROSECUTION FOR AGGRAVATED PERJURY.
B) YES, AND THE EVIDENCE AND TESTIMONY MAY BE USED AGAINST THE PARTY IN ANY ADJUDICATORY PROCEEDING INCLUDING A PROSECUTION FOR AGGRAVATED PERJURY.
C) NO, AND THE EVIDENCE AND TESTIMONY MAY BE USED AGAINST THE PARTY IN ANY ADJUDICATORY PROCEEDING INCLUDING A PROSECUTION FOR AGGRAVATED PERJURY.
D) YES, BUT THE EVIDENCE AND TESTIMONY CAN MAY NOT BE USED AGAINST THE PARTY IN ANY ADJUDICATORY PROCEEDING EXCEPT A PROSECUTION FOR AGGRAVATED PERJURY.
A) NO, AND THE EVIDENCE AND TESTIMONY MAY NOT BE USED AGAINST THE PARTY IN ANY ADJUDICATORY PROCEEDING EXCEPT A PROSECUTION FOR AGGRAVATED PERJURY.
PAGE 115 / SEC 43.01
________ MEANS ANY CONTACT BETWEEN THE GENITALS OF ONE PERSON AND THE MOUTH OR ANUS OF ANOTHER PERSON.
A) DEVIATE SEXUAL CONDUCT B) DEVIATE SEXUAL INTERCOURSE C) DEVIATE SEXUAL CONTACT D) SEXUAL INTERCOURSE E) SEXUAL CONDUCT
B) DEVIATE SEXUAL INTERCOURSE
PAGE 115 / SEC 43.01
________ MEANS ANY TOUCHING OF THE ANUS, BREAST, OR ANY PART OF THE GENITALS OF ANOTHER PERSON WITH INTENT TO AROUSE OR GRATIFY THE SEXUAL DESIRE OF ANY PERSON.
A) DEVIATE SEXUAL CONDUCT B) DEVIATE SEXUAL INTERCOURSE C) DEVIATE SEXUAL CONTACT D) SEXUAL INTERCOURSE E) SEXUAL CONTACT
E) SEXUAL CONTACT
PAGE 115 / SEC 43.01
________ INCLUDES DEVIATE SEXUAL INTERCOURSE, SEXUAL CONTACT, AND SEXUAL INTERCOURSE.
A) SEXUAL CONDUCT B) DEVIATE SEXUAL INTERCOURSE C) DEVIATE SEXUAL CONTACT D) SEXUAL INTERCOURSE E) DEVIATE SEXUAL CONDUCT
A) SEXUAL CONDUCT
DOES THIS MAKE STRIPPERS…. PROSTITUTES DURING A LAP DANCE?
PAGE 115 / SEC 43.01
________ MEANS ANY PENETRATION OF THE FEMALE SEX ORGAN BY THE MALE SEX ORGAN.
A) DEVIATE SEXUAL CONDUCT B) DEVIATE SEXUAL INTERCOURSE C) DEVIATE SEXUAL CONTACT D) SEXUAL INTERCOURSE E) SEXUAL CONDUCT
D) SEXUAL INTERCOURSE
(I GUESS IT DOES MAKE A STRIPPER INTO A PROSTITUTE DURING A LAP DANCE)
(:
PAGE 115 / SEC 42.14
WHAT OFFENSE IS COMMITTED BY A PERSON WHO INTENTIONALLY DIRECTS A LIGHT FROM A LASER POINTER OR OTHER LIGHT SOURCE AT AN AIRCRAFT AND THE LIGHT HAS AN INTENSITY SUFFICIENT TO IMPAIR THE OPERATOR’S ABILITY TO CONTROL THE AIRCRAFT
A) USE OF LASER POINTERS
B) ILLUMINATION OF AIRCRAFT BY LASER POINTER
C) USE OF INTENSE LIGHT TO ILLUMINATE AIRCRAFT
D) ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT
D) ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT
{AFFIRMATIVE DEFENSE IF USED TO SIGNAL AN EMERGENCY DISTRESS SIGNAL}
PAGE 115 / SEC 42.13
WHAT OFFENSE IS COMMITTED BY A PERSON WHO KNOWINGLY DIRECTS A LIGHT FROM A LASER POINTER AT A UNIFORMED SAFETY OFFICER, INCLUDING A PEACE OFFICER, SECURITY GUARD, FIREFIGHTER, EMERGENCY MEDICAL SERVICE WORKER, OR OTHER UNIFORMED MUNICIPAL, STATE, OR FEDERAL OFFICER?
A) USE OF LASER POINTERS
B) ILLUMINATION OF PEACE OFFICER
C) USE OF INTENSE LIGHT TO ILLUMINATE EMERGENCY SERVICE WORKER
D) ILLUMINATION OF POLICE OFFICER BY INTENSE LIGHT
A) USE OF LASER POINTERS
page 128 / sec 46.07
A RESIDENT OF THIS STATE MAY, IF NOT OTHERWISE PRECLUDED BY LAW, PURCHASE ________________________ IN ANOTHER STATE.
A) FIREARMS B) AMMUNITION C) RELOADING COMPONENTS, D) FIREARM ACCESSORIES E) ALL THE ABOVE
E) ALL THE ABOVE
page 122 / 46.01 (3)
_________ 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) ZIPGUN
B) HANDGUN
C) FIREARM
D) RIFLE
C) FIREARM
** PAGE 122 / SEC 46.01 (3) **
A FIREARM DOES NOT INCLUDE A FIREARM THAT MAY HAVE, AS AN INTEGRAL PART, A FOLDING KNIFE BLADE OR OTHER CHARACTERISTICS OF WEAPONS MADE ILLEGAL BY CHAPTER 46 WEAPONS AND THAT IS:
A) AN ANTIQUE OR CURIO FIREARM MANUFACTURED BEFORE 1899
B) A REPLICA OF AN ANTIQUE OR CURIO FIREARM MANUFACTURED BEFORE 1899, BUT ONLY IF THE REPLICA USES RIM FIRE AMMUNITION
C) A REPLICA OF AN ANTIQUE OR CURIO FIREARM MANUFACTURED BEFORE 1899, BUT ONLY IF THE REPLICA USES CENTER FIRE AMMUNITION
D) A REPLICA OF AN ANTIQUE OR CURIO FIREARM MANUFACTURED BEFORE 1899, BUT ONLY IF THE REPLICA USES RIM OR CENTER FIRE AMMUNITION
A) AN ANTIQUE OR CURIO FIREARM MANUFACTURED BEFORE 1899
(*** THE REPLICA DOES NOT USE RIM FIRE OR CENTER FIRE AMMUNITION **) {I BELIEVE – THESE ARE A BLACK-POWDER BALL AMMUNITION RIFLE –.50 CAL - FLINT-LOCK}
page 123 / 46.01
_________ means A DEVICE OR COMBINATION OF DEVICES that was NOT originally a FIREARM and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
A) ZIP GUN
B) HANDGUN
C) FIREARM
D) RIFLE
A) ZIP GUN
PAGE 123 / SEC 46.01
_________ MEANS A DEVICE, INCLUDING A CALTROP OR SPIKE STRIP, THAT WHEN DRIVEN OVER, IMPEDES OR STOPS THE MOVEMENT OF A WHEELED VEHICLE BY PUNCTURING ONE OR MORE OF THE VEHICLES TIRES.
A) TIRE TRAP
B) TIRE DEFLATION TOOL
C) TIRE DEFLATION DEVICE
D) ONE-WAY TIRE DEFLATION TRAFFIC CONTROL DEVICE
C) TIRE DEFLATION DEVICE
{NOT INCLUDING A TRAFFIC CONTROL DEVICE THAT IS DESIGNED TO PUNCTURE ONE OR MORE TIRES WHEN DRIVEN OVER IN A SPECIFIC DIRECTION AND HAS SIGNS POSTED NEAR THE DEVICE}
PAGE 123 / SEC 46.01
HOAX BOMB MEANS A DEVICE THAT REASONABLY APPEARS TO BE AN EXPLOSIVE INCENDIARY DEVICE OR:
A) BY ITS DESIGN CAUSES ALARM OR REACTION OF ANY TYPE BY ANY PERSON
B) BY ITS DESIGN CAUSES ALARM OR REACTION OF ANY TYPE BY AN OFFICIAL OF A PUBLIC ENTITY
C) BY ITS DESIGN CAUSES ALARM OR REACTION OF ANY TYPE BY AN OFFICIAL OF A PUBLIC SAFETY AGENCY OR A VOLUNTEER AGENCY ORGANIZED TO DEAL WITH EMERGENCIES
D) BY ITS DESIGN CAUSES ALARM OR REACTION OF ANY TYPE BY AN OFFICIAL OF A PUBLIC SAFETY ORGANIZATION, OR ANY VOLUNTEER ORGANIZATION
C) BY ITS DESIGN CAUSES ALARM OR REACTION OF ANY TYPE BY AN OFFICIAL OF A PUBLIC SAFETY AGENCY OR A VOLUNTEER AGENCY ORGANIZED TO DEAL WITH EMERGENCIES
PAGE 39 / 28.03
WHAT OFFENSE IS COMMITTED WHEN A PERSON WITHOUT THE EFFECTIVE CONSENT OF THE OWNER INTENTIONALLY OR KNOWINGLY DAMAGES OR DESTROYS THE TANGIBLE PROPERTY OF THE OWNER; TAMPERS WITH THE TANGIBLE PROPERTY OF THE OWNER AND CAUSES PECUNIARY LOSS OR SUBSTANTIAL INCONVENIENCE TO THE OWNER OR A THIRD PERSON; MAKES MARKINGS, INCLUDING INSCRIPTIONS, SLOGANS, DRAWINGS, OR PAINTINGS, ON THE TANGIBLE PROPERTY OF THE OWNER?
A) GRAFFITI
B) MALICIOUS DESTRUCTION OF PROPERTY
C) RECKLESS DAMAGE OR DESTRUCTION
D) CRIMINAL MISCHIEF
D) CRIMINAL MISCHIEF
PAGE 41 / 28.04
WHAT OFFENSE IS COMMITTED WHEN A PERSON WITHOUT THE EFFECTIVE CONSENT OF THE OWNER, HE RECKLESSLY DAMAGES OR DESTROYS PROPERTY OF THE OWNER?
A) CRIMINAL MISCHIEF
B) INTERFERENCE WITH PROPERTY
C) RECKLESS DAMAGE OR DESTRUCTION
D) MALICIOUS DAMAGE OR DESTRUCTION
C) RECKLESS DAMAGE OR DESTRUCTION
PAGE 41 / 28.07
___________ MEANS TO MOVE, ALTER, OR INTERFERE WITH RAILROAD PROPERTY?
A) DAMAGE
B) DESTRUCTION
C) MISCHIEF
D) TAMPER
D) TAMPER
PAGE 42 / 28.07
WHAT OFFENSE IS COMMITTED WHEN A PERSON THROWS AN OBJECT OR DISCHARGES A FIREARM OR WEAPON AT A TRAIN OR RAIL-MOUNTED WORK EQUIPMENT?
A) DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES
B) INTERFERENCE WITH RAILROAD PROPERTY
C) CRIMINAL MISCHIEF
D) RECKLESS DAMAGE OR DESTRUCTION TO RAILROAD PROPERTY
B) INTERFERENCE WITH RAILROAD PROPERTY
PAGE 41 / 28.07
WHAT OFFENSE IS COMMITTED WHEN A PERSON WITHOUT THE EFFECTIVE CONSENT OF THE OWNER ENTERS OR REMAINS ON RAILROAD PROPERTY OR TAMPERS WITH RAILROAD PROPERTY?
A) INTERFERENCE WITH RAILROAD PROPERTY
B) CRIMINAL TRESPASS
C) CRIMINAL TRESPASS ON RAILROAD PROPERTY
D) TAMPER WITH RAILROAD PROPERTY
A) INTERFERENCE WITH RAILROAD PROPERTY
PAGE 41 / 28.07
WHAT OFFENSE IS COMMITTED WHEN A PERSON WITHOUT THE EFFECTIVE CONSENT PLACES AN OBSTRUCTION ON A RAILROAD TRACK OR RIGHT-OF-WAY, CAUSES IN ANY MANNER THE DERAILMENT OF A TRAIN, RAILROAD CAR, OR OTHER RAILROAD PROPERTY THAT MOVES ON TRACKS?
A) DERAILMENT OF RAILROAD PROPERTY
B) CRIMINAL MISCHIEF
C) INTERFERENCE WITH RAILROAD PROPERTY
D) RECKLESS DAMAGE OR DESTRUCTION OF RAILROAD PROPERTY
C) INTERFERENCE WITH RAILROAD PROPERTY
PAGE 42 / 28.08
WHAT OFFENSE IS COMMITTED WHEN A PERSON WITHOUT THE EFFECTIVE CONSENT OF THE OWNER, THE PERSON INTENTIONALLY OR KNOWINGLY MAKES MARKINGS, INCLUDING INSCRIPTIONS, SLOGANS, DRAWINGS OR PAINTINGS, ON THE TANGIBLE PROPERTY OF THE OWNER WITH PAINT, AN INDELIBLE MARKER, OR AN ETCHING OR ENGRAVING DEVICE?
A) CRIMINAL MISCHIEF
B) GRAFFITI
C) RECKLESS DAMAGE OR DESTRUCTION
D) INTERFERENCE WITH PROPERTY
B) GRAFFITI
PAGE 43 / 29.02
WHAT OFFENSE IS COMMITTED WHEN A PERSON IN THE COURSE OF COMMITTING THEFT AND WITH INTENT TO OBTAIN OR MAINTAIN CONTROL OF THE PROPERTY, HE INTENTIONALLY, KNOWINGLY, OR RECKLESSLY CAUSES BODILY INJURY TO ANOTHER; THREATENS OR PLACES ANOTHER IN FEAR OF IMMINENT BODILY INJURY OR DEATH?
A) THEFT OF AN INDIVIDUAL
B) ROBBERY
C) AGGRAVATED ROBBERY
D) BURGLARY
B) ROBBERY
PAGE 43 / 29.03
WHAT OFFENSE IS COMMITTED WHEN A PERSON COMMITS ROBBERY AND CAUSES SERIOUS BODILY INJURY TO ANOTHER; USES OR EXHIBITS A DEADLY WEAPON; OR CAUSES BODILY INJURY, THREATENS OR PLACES IN FEAR OF IMMINENT BODILY INJURY OR DEATH A 65 YEAR OLD OR OLDER OR A DISABLED PERSON?
A) ROBBERY OF AN INDIVIDUAL
B) INJURY TO AN ELDERLY OR DISABLED PERSON
C) AGGRAVATED ROBBERY
D) THEFT OF PERSON 65 OR OLDER OR DISABLED PERSON
C) AGGRAVATED ROBBERY
PAGE 43 / 30.02
_____________ IS COMMITTED BY A PERSON WHO 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?
A) ROBBERY
B) BURGLARY
C) THEFT
D) CRIMINAL TRESPASS
B) BURGLARY
PAGE 44 / 30.03
WHAT OFFENSE IS COMMITTED WHEN A PERSON 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, 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. (ENTRY INCLUDES EVERY KIND OF ENTRY EXCEPT ONE WITH CONSENT OF THE OWNER)
A) THEFT FROM COIN-OPERATED OR COIN COLLECTION MACHINES
B) BURGLARY OF COIN-OPERATED MACHINES
C) BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES
D) THEFT FROM COIN-OPERATED MACHINES
C) BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES
PAGE 44 / 30.04
WHAT OFFENSE IS COMMITTED WHEN A PERSON WITHOUT THE EFFECTIVE CONSENT OF THE OWNER, HE BREAKS INTO OR ENTERS A VEHICLE OR ANY PART OF A VEHICLE WITH INTENT TO COMMIT A FELONY OR THEFT. (ENTER MEANS TO INTRUDE ANY PART OF THE BODY OR ANY PHYSICAL OBJECT CONNECTED WITH THE BODY?
A) BURGLARY OF VEHICLES
B) VEHICLE BURGLARY
C) VEHICULAR BURGLARY
D) THEFT FROM A VEHICLE
A) BURGLARY OF VEHICLES
PAGE 44 / 30.05
WHAT OFFENSE IS COMMITTED WHEN A PERSON ENTERS OR REMAINS ON OR IN PROPERTY OF ANOTHER, INCLUDING RESIDENTIAL LAND, AGRICULTURAL LAND, A RECREATIONAL VEHICLE PARK, A BUILDING, OR AN AIRCRAFT OR OTHER VEHICLE, WITHOUT EFFECTIVE CONSENT AND THE PERSON HAD NOTICE THAT THE ENTRY WAS FORBIDDEN OR RECEIVED NOTICE TO DEPART BUT FAILED TO DO SO.
A) BURGLARY
B) CRIMINAL TRESPASS
C) INTERFERENCE WITH PROPERTY
D) TRESPASSING
B) CRIMINAL TRESPASS
PAGE 45 / 30.04
NOTICE FOR CRIMINAL TRESPASS MEANS
A) ORAL OR WRITTEN COMMUNICATION FROM ANYONE ON THE PROPERTY
B) FENCING OR OTHER ENCLOSURE OBVIOUSLY DESIGNED TO EXCLUDE INTRUDERS OR TO CONTAIN LIVESTOCK
C) A SIGN OR SIGNS POSTED ON THE PROPERTY OR AT THE ENTRANCE TO THE BUILDING, REASONABLY LIKELY TO COME TO THE ATTENTION OF INTRUDERS, INDICATING THAT ENTRY IS PERMITTED
D) THE PLACEMENT OF PURPLE PAINT MARKS ON TREES OR POSTS ON THE PROPERTY, PROVIDED THE MARKS ARE VISIBLE TO ANY PERSON.
B) FENCING OR OTHER ENCLOSURE OBVIOUSLY DESIGNED TO EXCLUDE INTRUDERS OR TO CONTAIN LIVESTOCK
- *ORAL OR WRITTEN …. BY THE OWNER OR SOMEONE WITH APPARENT AUTHORITY TO ACT FOR THE OWNER.
- ***. INDICATING THAT ENTRY IS FORBIDDEN
- ****VERTICAL LINES OF NOT LESS THAN EIGHT INCHES IN LENGTH AND NOT LESS THAN ONE INCH IN WIDTH; PLACED SO THAT THE BOTTOM OF THE MARK IS NOT LESS THAN THREE FEET FROM THE GROUND OR MORE THAN FIVE FEET FROM THE GROUND; NO MORE THAN 100 FEET APART (FOREST) OR 1000 FEET APART (OTHER THAN FOREST)
PAGE 45 / 30.05 (6)
_______________ A FACILITY THAT IS ON THE NATIONAL PRIORITIES LIST ESTABLISHED UNDER 105 OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 (42 U.S.C. SECTION 9605); OR IS LISTED ON THE STATE REGISTRY ESTABLISHED UNDER SECTION 361.181, HEALTH AND SAFETY CODE.
A) CRITICAL INFRASTRUCTURE FACILITY
B) AGRICULTURAL LAND
C) SUPERFUND SITE
D) SHELTER CENTER
C) SUPERFUND SITE
PAGE 45 / 30.05 (6)
_______________ MEANS ONE OF THE FOLLOWING, IF COMPLETELY ENCLOSED BY A FENCE OR OTHER PHYSICAL BARRIER THAT IS OBVIOUSLY DESIGNED TO EXCLUDE INTRUDERS: A CHEMICAL MANUFACTURING FACILITY, A REFINERY, AN ELECTRIC POWER GENERATING FACILITY, A WATER INTAKE STRUCTURE, AND TO INCLUDE BUT NOT LIMITED TO A NATURAL GAS PROCESSING PLANT.
A) CRITICAL INFRASTRUCTURE FACILITY
B) AGRICULTURAL LAND
C) SUPERFUND SITE
D) SHELTER CENTER
A) CRITICAL INFRASTRUCTURE FACILITY
PAGE 47 / SEC 30.06
WHAT OFFENSE IS COMMITTED BY A LICENSE HOLDER WHO CARRIES A HANDGUN UNDER THE AUTHORITY OF A LICENSE TO CARRY ON THE PROPERTY OF ANOTHER WITHOUT EFFECTIVE CONSENT AND RECEIVED NOTICE THAT ENTRY ON THE PROPERTY BY A LICENSE HOLDER WITH A CONCEALED HANDGUN WAS FORBIDDEN OR REMAINING ON THE PROPERTY WITH A CONCEALED HANDGUN WAS FORBIDDEN AND FAILED TO DEPART.
A) TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
B) TRESPASS LICENSE TO CARRY CONCEALED HANGUN
C) CRIMINAL TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
D) CRIMINAL TRESPASS BY LICENSE TO CARRY CONCEALED HANDGUN HOLDER
A) TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
PAGE 48 / 31.01
_________ MEANS REAL PROPERTY, TANGIBLE OR INTANGIBLE PERSONAL PROPERTY INCLUDING ANYTHING SEVERED FROM LAND, OR A DOCUMENT, INCLUDING MONEY, THAT REPRESENTS OR EMBODIES ANYTHING OF VALUE.
A) PROPERTY
B) INSTRUMENTS OF RETAIL
C) CURRENCY
D) ITEMS OF MONETARY VALUE
A) PROPERTY
PAGE 49 / 31.03
WHAT OFFENSE IS COMMITTED BY A PERSON WHO UNLAWFULLY APPROPRIATES PROPERTY WITH INTENT TO DEPRIVE THE OWNER OF PROPERTY WITHOUT THE OWNER’S EFFECTIVE CONSENT?
A) THEFT OF AN INDIVIDUAL
B) THEFT
C) BURGLARY
D) ROBBERY
B) THEFT
PAGE 49 / 31.03
WHAT OFFENSE IS COMMITTED BY A PERSON WHO UNLAWFULLY APPROPRIATES PROPERTY WITH INTENT TO DEPRIVE THE OWNER OF PROPERTY THAT WAS STOLEN AND APPROPRIATED BY THE ACTOR KNOWING IT WAS STOLEN BY ANOTHER?
A) THEFT OF AN INDIVIDUAL
B) THEFT
C) BURGLARY
D) ROBBERY
B) THEFT
PAGE 49 / 31.03
WHAT OFFENSE IS COMMITTED BY A PERSON WHO UNLAWFULLY APPROPRIATES PROPERTY WITH INTENT TO DEPRIVE THE OWNER OF THE PROPERTY FROM THE CUSTODY OF ANY LAW ENFORCEMENT AGENCY WHICH WAS EXPLICITLY REPRESENTED BY ANY LAW ENFORCEMENT AGENT TO TEH ACTOR AS BEING STOLEN AND THE ACTOR APPROPRIATES THE PROPERTY BELIEVING IT WAS STOLEN BY ANOTHER?
A) ENTRAPMENT
B) THEFT
C) ENTRAPMENT BY A LAW ENFORCEMENT AGENCY
D) ROBBERY
B) THEFT
CHAP 15 ; PAGE 11
A PERSON COMMITS CRIMINAL CONSPIRACY IF, WITH INTENT THAT A _________ BE COMMITTED AND HE AGREES WITH _____ OR MORE PERSONS THAT THEY OR ONE OR MORE OF THEM ENGAGE IN CONDUCT THAT WOULD CONSTITUTE THE OFFENSE.
A) CRIME ; ONE B) CRIME ; TWO C) MISDEMEANOR ; TWO D) FELONY ; ONE E) FELONY ; TWO
D) FELONY ; ONE
PAGE 11 ; SEC 15.01
CRIMINAL ATTEMPT IS:
A) A PERSON COMMITS AN OFFENSE IF, WITH SPECIFIC INTENT TO COMMIT AN OFFENSE, HE DOES AN ACT AMOUNTING TO MORE THAN MERE PREPARATION THAT TENDS BUT FAILS TO EFFECT THE COMMISSION OF THE OFFENSE INTENDED. IF A PERSON ATTEMPTS AN OFFENSE THAT MY BE AGGRAVATED, HIS CONDUCT DOES NOT CONSTITUTE AN ATTEMPT TO COMMIT THE AGGRAVATED OFFENSE.
B) A PERSON COMMITS AN OFFENSE IF, WITH SPECIFIC INTENT TO COMMIT AN OFFENSE, HE DOES AN ACT AMOUNTING TO MORE THAN MERE PREPARATION THAT TENDS BUT FAILS TO EFFECT THE COMMISSION OF THE OFFENSE INTENDED. IF A PERSON ATTEMPTS AN OFFENSE THAT MY BE AGGRAVATED, HIS CONDUCT CONSTITUTES AN ATTEMPT TO COMMIT THE AGGRAVATED OFFENSE.
C) A PERSON COMMITS AN OFFENSE IF, WITH SPECIFIC INTENT TO COMMIT AN OFFENSE, HE DOES ANY ACT TO EFFECT THE COMMISSION OF THE OFFENSE INTENDED.
D) A PERSON COMMITS AN OFFENSE IF, WITH SPECIFIC INTENT TO COMMIT AN OFFENSE, HE OR ANY ONE IN HIS PARTY DOES ANY ACT TO EFFECT THE COMMISSION OF THE OFFENSE INTENDED.
B) A PERSON COMMITS AN OFFENSE IF, WITH SPECIFIC INTENT TO COMMIT AN OFFENSE, HE DOES AN ACT AMOUNTING TO MORE THAN MERE PREPARATION THAT TENDS BUT FAILS TO EFFECT THE COMMISSION OF THE OFFENSE INTENDED. IF A PERSON ATTEMPTS AN OFFENSE THAT MY BE AGGRAVATED, HIS CONDUCT CONSTITUTES AN ATTEMPT TO COMMIT THE AGGRAVATED OFFENSE.
§ 7.01. PARTIES TO OFFENSES.
(c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a __________ or __________.
principal or accomplice.
(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, _____________ are guilty of the felony actually committed, though 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.
all conspirators
CH. 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
§ 7.21. DEFINITIONS. In this subchapter:
(1) “_______” means a director, officer, employee, or other person authorized to act in behalf of a corporation or association.
(2) “______________” means:
(A) a partner in a partnership;
(B) an officer of a corporation or association;
(C) an agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation or association.
Agent
High managerial agent
§ 8.01. INSANITY. (a) It is ___________ 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.
(b) The term “mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
an affirmative defense
§ 8.02. MISTAKE OF FACT. (a) It is ____________ 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.
(b) Although an actor’s mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
a defense
§ 8.04. INTOXICATION. (a) Voluntary intoxication ________ constitute a defense to the commission of crime.
does not
(b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.
(c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.
(d) For purposes of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
§ 8.05. DURESS. (a) It is _____________ 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.
an affirmative defense
§ 8.06. ENTRAPMENT. (a) It is _______________ 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 entrapment.
a defense
§ 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A person may not be prosecuted for or convicted of any offense that the person committed when ________________ of age except:
younger than 15 years
(1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;
(2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail;
(3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state;
(4) a misdemeanor punishable by fine only;………
(7) 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.
§ 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY
(c) No person may, in any case, be punished by death for an offense committed while the person was _____________________.
younger than 18 years
§ 8.04. INTOXICATION. (a) Voluntary intoxication ________ constitute a defense to the commission of crime.
does not
(b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.
(c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.
(d) For purposes of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
§ 8.05. DURESS. (a) It is _____________ 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.
an affirmative defense
§ 8.06. ENTRAPMENT. (a) It is _______________ 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 entrapment.
a defense
§ 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A person may not be prosecuted for or convicted of any offense that the person committed when ________________ of age except:
younger than 15 years
(1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;
(2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail;
(3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state;
(4) a misdemeanor punishable by fine only;………
(7) 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.
§ 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY
(c) No person may, in any case, be punished by death for an offense committed while the person was _____________________.
younger than 18 years
§ 8.04. INTOXICATION. (a) Voluntary intoxication ________ constitute a defense to the commission of crime.
does not
(b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.
(c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.
(d) For purposes of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
§ 8.05. DURESS. (a) It is _____________ 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.
(c) Compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure.
(d) The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.
an affirmative defense
(b) In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.
(e) It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section
§ 8.06. ENTRAPMENT. (a) It is _______________ 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 entrapment.
a defense
§ 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A person may not be prosecuted for or convicted of any offense that the person committed when ________________ of age except:
younger than 15 years
(1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;
(2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail;
(3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state;
(4) a misdemeanor punishable by fine only;………
(7) 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.
§ 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY
(c) No person may, in any case, be punished by death for an offense committed while the person was _____________________.
younger than 18 years
§ 6.02. REQUIREMENT OF CULPABILITY
(d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:
(1)
(2)
(3)
(4)
(e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.
(1) intentional;
(2) knowing;
(3) reckless;
(4) criminal negligence.
§ 6.02. REQUIREMENT OF CULPABILITY
(c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), _____________ suffices to establish criminal responsibility.
intent, knowledge, or recklessness
Sec. 8.08. CHILD WITH MENTAL ILLNESS, DISABILITY, OR LACK OF CAPACITY. (a) On motion by the state, the defendant, or a 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) or (5) shall determine whether _______________ exists to believe that a child, including a child with a mental illness or developmental disability:
(1) lacks the capacity to understand the proceedings in criminal court or to assist in the child’s own defense and is unfit to proceed; or
(2) 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.
probable cause
(b) If the court determines that probable cause exists for a finding under Subsection (a), after providing notice to the state, the court may dismiss the complaint.
(c) A dismissal of a complaint under Subsection (b) may be appealed as provided by Article 44.01, Code of Criminal Procedure.
Sec. 22.041
(b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.
(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.
§ 22.041. ABANDONING OR ENDANGERING CHILD.
§ 22.041. ABANDONING OR ENDANGERING CHILD.
(a) In this section, “__________” means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.
abandon
§ 22.041. ABANDONING OR ENDANGERING CHILD.
(1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance ___________ in the presence of the child;
(2) the person’s conduct related to the proximity or accessibility of the controlled substance ___________ to the child and an analysis of a specimen of the child’s blood, urine, or other bodily substance indicates the presence of ______________ in the child’s body; or
(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in __________, Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code.
methamphetamine
methamphetamine
methamphetamine
Penalty Group 1
§ 22.041.
(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.
§ 22.041. ABANDONING OR ENDANGERING CHILD.
§ 22.05.
(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) 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.
§ 22.05. DEADLY CONDUCT
§ 22.05. DEADLY CONDUCT.
(c) __________________ 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.
Recklessness and danger
§ 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) 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 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) 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.
§ 22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious bodily injury;
(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;
(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.
§ 22.08.
(a) A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide.
§ 22.08. AIDING SUICIDE
§ 22.09. TAMPERING WITH CONSUMER PRODUCT
(1) “_____________” means any product offered for sale to or for consumption by the public and includes “food” and “drugs” as those terms are defined in Section 431.002, Health and Safety Code.
“Consumer Product”
§ 22.09. TAMPERING WITH CONSUMER PRODUCT
(2) “_________” means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury.
Tamper
§ 22.09
(b) A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another.
(c) A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person.
§ 22.09. TAMPERING WITH CONSUMER PRODUCT
§ 22.10.
(a) A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is:
(1) younger than seven years of age; and
(2) not attended by an individual in the vehicle who is 14 years of age or older.
§ 22.10. LEAVING A CHILD IN A VEHICLE
(1) younger than seven years of age; and
(2) not attended by an individual in the vehicle who is 14 years of age or older.
§ 22.11.
(a) A person commits an offense if, with the intent to assault, harass, or alarm, the person:
(1) while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal; or
(2) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant’s official power or performance of an official duty.
§ 22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARASSMENT OF PUBLIC SERVANT.
§ 22.12. APPLICABILITY TO CERTAIN CONDUCT.
This chapter _______ apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is:
(1) committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a physician or other health care provider with the requisite consent;
(3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or
(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.
does not
§ 25.01.
(a) An individual commits an offense if:
(1) he is legally married and he:
(A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor’s prior marriage, constitute a marriage; or
(B) lives with a person other than his spouse in this state under the appearance of being married; or
(2) he knows that a married person other than his spouse is married and he:
(A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person’s prior marriage, constitute a marriage; or
(B) lives with that person in this state under the appearance of being married.
§ 25.01. BIGAMY
§ 25.01. BIGAMY
(b) For purposes of this section, “___________________-“ means holding out that the parties are married with cohabitation and an intent to be married by either party.
under the appearance of being married
§ 25.02.
(a) A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:
(1) the actor’s ancestor or descendant by blood or adoption;
(2) the actor’s current or former stepchild or stepparent;
(3) the actor’s parent’s brother or sister of the whole or half blood;
(4) the actor’s brother or sister of the whole or half blood or by adoption;
(5) the children of the actor’s brother or sister of the whole or half blood or by adoption; or
(6) the son or daughter of the actor’s aunt or uncle of the whole or half blood or by adoption.
§ 25.02. PROHIBITED SEXUAL CONDUCT.
§ 25.03.
. (a) A person commits an offense if the person takes or retains a child younger than 18 years of age:
(1) 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;
(2) when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child’s custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or
(3) outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.
§ 25.03. INTERFERENCE WITH CHILD CUSTODY
- 031
(a) A person commits an offense if the person agrees, for remuneration or the promise of remuneration, to abduct a child younger than 18 years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control of a person having custody or physical possession of the child under a court order, including a temporary order, or under the care and control of another person who is exercising care and control with the consent of a person having custody or physical possession under a court order, including a temporary order.
25.031. AGREEMENT TO ABDUCT FROM CUSTODY.
§ 25.04.
. (a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or TAKES the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.
§ 25.04. ENTICING A CHILD
§ 25.05.
. (a) An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual’s child younger than 18 years of age, or for the individual’s child who is the subject of a court order requiring the individual to support the child.
CRIMINAL NONSUPPORT
- CRIMINAL NONSUPPORT
(b) For purposes of this section, “child” includes a child born out of wedlock whose paternity has either been _____________ by the actor or has been established in a civil suit under the Family Code or the law of another state.
- CRIMINAL NONSUPPORT
acknowledged
§ 25.06.
(a) A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child:
(1) is younger than 18 years; and
(2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child’s home without the consent of the child’s parent or guardian for a substantial length of time or without the intent to return.
HARBORING RUNAWAY CHILD.
(1) is younger than 18 years;
§ 25.06. HARBORING RUNAWAY CHILD
(c) It is a defense to prosecution under this section that the actor notified:
(1) the person or agency from which the child escaped or a law enforcement agency of the presence of the child _______________ after discovering that the child had escaped from custody; or
(2) a law enforcement agency or a person at the child’s home of the presence of the child ___________ after discovering that the child was voluntarily absent from home without the consent of the child’s parent or guardian.
within 24 hours
within 24 hours
§ 25.07.
(a) A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(1) commits family violence or an act in furtherance of an offense under Section 22.011, 22.021, or 42.072;
§ 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE.
§ 25.07.
(a) A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(2) communicates:
(A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;
(B) a threat through any person to a protected individual or a member of the family or household; or
(C) in any manner with the protected individual or a member of the family or household except through the person’s attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household;
§ 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE.
§ 25.07.
(a) A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(3) goes to or near any of the following places as specifically described in the order or condition of bond:
(A) the residence or place of employment or business of a protected individual or a member of the family or household; or
(B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends;
§ 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE.
§ 25.07.
(a) A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(4) possesses a firearm.
§ 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE.
§ 25.07.
(a) A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order.
§ 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE.
§ 25.071.
(a) A person commits an offense if, in violation of an order issued under Article 6.08, Code of Criminal Procedure, the person knowingly or intentionally:
(1) commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;
(2) communicates:
(A) directly with a protected individual in a threatening or harassing manner;
(B) a threat through any person to a protected individual; or
(C) in any manner with the protected individual, if the order prohibits any communication with a protected individual; or
(3) goes to or near the residence or place of employment or business of a protected individual.
VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE.
§ 28.01. DEFINITIONS. In this chapter
(1) “_____________” means a structure or vehicle that is adapted for the overnight accommodation of persons and includes:
(A) each separately secured or occupied portion of the structure or vehicle; and
(B) each structure appurtenant to or connected with the structure or vehicle.
Habitation
§ 28.01. DEFINITIONS. In this chapter
(2) “_________” means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
Building
§ 28.01. DEFINITIONS. In this chapter
(3) “_______” means:
(A) real property;
(B) tangible or intangible personal property, including anything severed from land; or
(C) a document, including money, that represents or embodies anything of value.
Property
§ 28.01. DEFINITIONS. In this chapter
(4) “_______” includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.
Vehicle
§ 28.01. DEFINITIONS. In this chapter
(5) “___________” means real property that is undeveloped for the purpose of human habitation.
Open-space land
§ 28.01. DEFINITIONS. In this chapter
(6) “___________________” means the burning of unwanted vegetation with the consent of the owner of the property on which the vegetation is located and in such a manner that the fire is controlled and limited to a designated area.
Controlled burning
§ 28.02.
(a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:
(1) any vegetation, fence, or structure on open-space land; or
(2) any building, habitation, or vehicle:
(A) knowing that it is within the limits of an incorporated city or town;
(B) knowing that it is insured against damage or destruction;
(C) knowing that it is subject to a mortgage or other security interest;
(D) knowing that it is located on property belonging to another;
(E) knowing that it has located within it property belonging to another; or
(F) when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.
ARSON
§ 28.02.
(a-1) A person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle.
Arson
§ 28.02.
(a-2) A person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing:
(1) recklessly damages or destroys a building belonging to another; or
(2) recklessly causes another person to suffer bodily injury or death.
Arson
Follow up = Arson = 10 years
- CRIMINAL MISCHIEF
(c) For the purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public communications, public water, gas, or power supply, has knowingly tampered with the tangible property of the owner if the communication or supply has been:
- CRIMINAL MISCHIEF
(1) diverted from passing through a metering device; or
(2) prevented from being correctly registered by a metering device; or
(3) activated by any device installed to obtain public communications, public water, gas, or power supply without a metering device.
- CRIMINAL MISCHIEF
(g) In this section:
(1) “____________” means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes:
- CRIMINAL MISCHIEF
Explosive weapon
(A) an explosive or incendiary bomb, grenade, rocket, and mine;
(B) a device designed, made, or adapted for delivering or shooting an explosive weapon; and
(C) a device designed, made, or adapted to start a fire in a time-delayed manner.
28.03. CRIMINAL MISCHIEF
(7) “_______________________” means:
(A) an official traffic-control device, railroad sign or signal, or traffic-control signal, as those terms are defined by Section 541.304, Transportation Code; or
(B) a sign, signal, or device erected by a railroad, public body, or public officer to direct the movement of a railroad train, as defined by Section 541.202, Transportation Code.
(8) “________________________” means any item attached to transportation communications equipment, including aluminum wiring, bronze wiring, and copper wiring.
Transportation communications equipment
Transportation communications device
§ 28.06. AMOUNT OF PECUNIARY LOSS.
(d) If the amount of pecuniary loss cannot be ascertained by the criteria set forth in Subsections (a) through (c), the amount of loss is deemed to be ____________________
greater than $500 but less than $1,500.
§ 28.08. GRAFFITI
(e) In this section:
(1) “__________” means an aerosolized paint product.
(2) “________________” means a device that makes a delineation or impression on tangible property, regardless of the manufacturer’s intended use for that device.
(3) “_____________” means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.
(4) “_______________________” has the meaning assigned by Section 481.134, Health and Safety Code.
(5) “_______” means a private or public elementary or secondary school.
Aerosol paint
Etching or engraving device
Indelible marker
Institution of higher education
School
§ 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person ______________ on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
enters or remains
(4) “Forest land” means land on which the trees are potentially valuable for timber products.
30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in _______________;
(ii) appears in contrasting colors with block letters ______________ in height; and
(iii) is displayed in a conspicuous manner ____________ to the public.
both English and Spanish
at least one inch
clearly visible
31.01. DEFINITIONS. In this chapter:
(4) “___________” means:
(A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or
(B) to acquire or otherwise exercise control over property other than real property.
(7) “_______” means to acquire property or service by theft.
(13) “Shielding or deactivation instrument” means…..
Appropriate
Steal
…. any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise.
§ 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(5) stolen property does not lose its character as stolen when recovered by any ___________;
A) person
B) person acting for OR the owner of the property
C) law enforcement agency
D) means
C) law enforcement agency
What if it’s recovered by the store manager or clerk? Hmm.
§ 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(h) In this section:
(1) “______________” means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency
(2) “______________” means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture
(3) “__________________” means an organization that is exempt from federal income taxation
(4) “_______________” means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. The term includes an automated banking machine.
Restricted-use pesticide
State-limited-use pesticide
Nonprofit organization
Automated teller machine
CH. 36. BRIBERY AND CORRUPT INFLUENCE
§ 36.02. BRIBERY. (a) A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another:
(1) any benefit as consideration for the recipient’s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
(2) any benefit as consideration for the recipient’s decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding;
(3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official;
BRIBERY
Changed my answer ~ WRONG
§ 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a ___________________ of age, whether the child is of the same or opposite sex, 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) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
(B) causes the child to expose the child’s anus or any part of the child’s genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
child younger than 17 years
Changed my answer ~ WRONG
CH. 25. OFFENSES AGAINST THE FAMILY
§ 25.11. CONTINUOUS VIOLENCE AGAINST THE FAMILY. (a) A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.
(b) If the jury is the trier of fact, members of the jury are not required to agree unanimously on the specific conduct in which the defendant engaged that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a) or the exact date when that conduct occurred. The jury must agree unanimously that the defendant, during a period that is __________, two or more times engaged in conduct that constituted an offense under Section 22.01(a)(1) against the person or persons described by Subsection (a).
(c) A defendant may not be convicted in the same criminal action of another offense the victim of which is an alleged victim of the offense under Subsection (a) and an element of which is any conduct that is alleged as an element of the offense under Subsection (a) unless the other offense:
12 months or less in duration
Changed my answer ~ WRONG
