Penal Code Flashcards
1
Q
Sec. 6.01 Requirement of Voluntary Act or Omission: A person commits an offense only if he voluntarily engages in conduct, including an ____, an _______ or _______.
A
act, omission, possession
2
Q
Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:
A
(1) intentional
(2) knowing
(3) reckless
(4) criminal negligence
3
Q
A person acts _________, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
A
intentionally, or with intent
4
Q
A person acts ________, 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 person acts ______, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
A
knowingly, or with knowledge
5
Q
A person acts with ________________, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of the substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
A
criminal negligence
6
Q
A person is ______________ 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
criminally responsible
7
Q
(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.
(b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt
that the offense attempted was actually committed.
A
15.01. CRIMINAL ATTEMPT
8
Q
A person commits ______ if, with intent that a felony be committed:
(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
(2) he or one or more of them performs an overt act in pursuance of the agreement.
A
15.02. CRIMINAL CONSPIRACY
9
Q
(a) A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.
A
15.03. CRIMINAL SOLICITATION
10
Q
(a) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actor’s sole intent was to assume lawful control of the victim.
A
20.03 KIDNAPPING
11
Q
(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
A
20.04. AGGRAVATED KIDNAPPING
12
Q
(a) A person commits an offense if the person intentionally uses a motor vehicle, aircraft, or watercraft to transport an individual with the intent to:
(1) conceal the individual from a peace officer or special investigator; or
(2) flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor.
(b) Except as provided by Subsection (c), an offense under this section is a state jail felony.
(c) An offense under this section is a felony of the third degree if the actor commits the offense:
(1) for pecuniary benefit; or
(2) in a manner that creates a substantial likelihood that the transported individual will suffer serious bodily injury or death.
A
20.05. SMUGGLING OF PERSONS
13
Q
Intentionally or knowingly causes the death of an individual
A
Murder
14
Q
Murder of peace officer or fireman acting in lawful discharge of official duty; murder while escaping or attempting to escape from a penal institution; murder in the course of committing kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat; murder for hire; murders more than one person; murder of a child under 10 all define what?
A
Capital Murder
15
Q
Recklessly causes the death of an individual?
A
Manslaughter
16
Q
Causing the death of an individual with criminal negligence
A
Criminally Negligent Homicide
17
Q
To restrict a person’s movement without consent
A
Restrain
18
Q
To restrain a person with intent to keep them hidden defines what?
A
Abduct
19
Q
individual, corporation, or association
A
Person
20
Q
A person commits an offense if he intentionally or knowingly restrains another person
A
20.02 Unlawful Restraint
21
Q
A person commits an offense if he intentionally or knowingly abducts another person?
A
20.03 Kidnapping
22
Q
A person commits an offense if he intentionally or knowingly abducts another person with the intent to hold him for ransom or reward?
A
20.04 Aggravated Kidnapping
23
Q
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
20.04 Aggravated Kidnapping
24
Q
A person commits an offense if the personal intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense?
A
20.04 Aggravated Kidnapping
25
A person commits an offense if the personal intentionally uses a motor vehicle, aircraft, or watercraft to transport an individual with the intent to conceal the individual from a peace officer or special investigator?
20.05 Smuggling of Persons
26
A person commits an offense if the personal intentionally uses a motor vehicle, aircraft, or watercraft to transport an individual with the intent to flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor?
20.05 Smuggling of Persons
27
A person commits an offense if the person knowingly traffics another person with the intent that the trafficked person engage in forced labor or services?
20A.02 Trafficking of Persons
28
A person commits an offense if, during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under 20A.02?
20A.03 Continuous Trafficking of Persons
29
Any contact between any part of the genitals of one person and the mouth or anus of another person?
Deviate Sexual Intercourse
30
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?
Sexual Contact
31
Any penetration of the female sex organ by the male sex organ?
Sexual Intercourse
32
A person commits an offense if during a period that is _____ or more days in duration, the person commits ____ or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims.
30; two; 21.02 Continuous Sexual Abuse of Young Child or Children
33
A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex?
21.06 Homosexual Conduct
34
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.
21.08 Indecent Exposure
35
A person commits an offense if the person intentionally or knowingly causes the penetration of the anus or sexual organ of anothe rperson by any means, without that persons consent?
22.011 Sexual Assault
36
Causes serious bodily injury to another including the persons spouse?
22.02 Aggravated Assault
37
Uses or exhibits a deadly weapon during the commission of the assault?
22.02 Aggravated Assault
38
Intentionally or knowingly causes the penetration of the anus or sexual organ of another personal by any means, without the person's consent and if the victim is younger than ____ years of age.
22.021 Aggravated Sexual Assault/ 14
39
Intentionally or knowingly causes the penetration of the anus or sexual organ of a child by any means?
22.021 Aggravated Sexual Assault
40
A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual or disabled individual serious body injury?
22.04 Injury to a child, elderly individual or disabled individual
41
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
42
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?
22.041 Abandoning or Endangering Child
43
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
44
A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury?
22.05 Deadly Conduct
45
A person commits an offense of Deadly Conduct if he knowingly discharges a firearm at or in the direction of ____ or more individuals?
One
46
A person commits an offense of Deadly Conduct if he knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle and is _____ as to whether the habitation, building, or vehicle is occupied.
reckless
47
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?
22.07 Terroristic Threat
48
A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies?
22.07 Terroristic Threat
49
22.10 Leaving a Child in a Vehicle: A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than ____ minutes, knowing that the child is younger than ____ years of age and not attended by an individual in the vehicle who is ____ years of age or older.
5, 7, 14
50
Being married to more than one person?
25.01 Bigamy
51
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 the actor's ancestor or descendant by blood or adoption?
25.02 Prohibited Sexual Conduct
52
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 the actor's current or former stepchild or stepparent
25.02 Prohibited Sexual Conduct
53
25.03 Interference with Child Custody:
A person commits an offense if the person takes or retains a child younger than ___ years of age when the person knows that the persons taking or retention violates the express terms of a judgement or order, including a temporary order, of a court disposing of the child's custody.
18
54
25.031 Agreement to Abduct from Custody:
A person commits an offense if the person agrees, for remuneration or the promise of remuneration, to abduct a child younger than _______ 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 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.
A. 14
B. 16
C. 17
D. 18
D
55
25.04 Enticing A Child: A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than ____ 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.
18
56
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?
25.05 Criminal Nonsupport
57
A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child is younger than ______years of age and has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council or a detention center 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.
25.06 Harboring Runaway Child; 18
58
25.072 Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence Case:
A person commits an offense if, during a period that is ____ months or less in duration, the person _______ times engages in conduct that constitutes an offense under section 25.07
12; two or more
59
A person commits an offense if he:
(1) possesses a child younger than _____ years of age or has the custody, conservatorship, or guardianship of a child younger than ____ years of age, whether or not he has actual possession of the child, and he offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another or for the possession of the child by another for purposes of adoption
18; 18; 25.08 Sale or Purchase of Child
60
A person commits an offense if the person advertises in the public media that the person will place a child for adoption or will provide or obtain a child for adoption?
25.09 Advertising for Placement of Child
61
A personal 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?
28.02 Arson
62
- Destroys tangible property
- Tampers with tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person
- Grafitti
28.03 Criminal Mischief
63
A person commits an offense if, without the effective consent of the owner, the personal 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.
28.08 Graffiti
64
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.
29.02 Robbery
65
29.03 Aggravated Robbery: 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) _____ years of age or older; or
(B) a ________ person.
65; disabled
66
- Without consent of owner
- Enters a habitation, or a building (or any portion of the
building with intent to commit a felony, theft, or an
assault
30.02 Burglary
67
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.
Insanity
68
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.
Duress
69
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.
Mistake of Fact
70
It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
Mistake of Law
71
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.
Entrapment
72
In Sec 8.08 Child with Mental Illness, Disability, or Lack of Capacity -- what is the meaning of child?
At least 10 years of age, younger than 17
73
Sec. 9.21 PUBLIC DUTY: Conduct is justified if the actor reasonably believes the conduct is _____ or _____, by the judgement or order of a competent court or other governmental tribunal, or in the execution of legal process.
required; authorized by law
74
Sec. 9.22 NECESSITY: Conduct is _________ if:
(1) the actor reasonably believes the conduct is
immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm
clearly outweigh, according to ordinary standards of
reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification
claimed for the conduct does not otherwise plainly appear.
justified
75
Criminal homicide is?
murder; capital murder; manslaughter or criminally negligent homicide
76
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?
Sudden Passion
77
A parent or stepparent, ancestor, sibling or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption?
Relative
78
An individual, corporation or association?
Person
79
A human being who has been born and is alive?
Individual
80
To be convicted of CAPITAL MURDER, a person must intentionally commit the murder in the course of committing or attempting to commit what 7 offenses?
kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction/retaliation, terroristic threat
81
A person commits an offense if he intentionally or knowingly abducts another person with the intent to use him as a shield or hostage?
20.04 Aggravated Kidnapping
82
1. “____________” means a human being who is alive, including an unborn child at every state of gestation from fertilization to birth
Individual
83
```
2. ________ means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
A. Possession
B. Harm
C. Bodily injury
D. Benefit
```
B
84
```
3. A defendant may be prosecuted in a single criminal action for all offenses arising out of the same__________________.
A. Criminal attempt
B. Charges
C. Criminal episode
D. Criminal incident
```
C
85
4. What is the standard of proof in a Civil Case?
Preponderance of the evidence
86
5. A person commits an offense only if he ____________ engages in the conduct.
Voluntarily
87
6. The criminal standard of evidence is_________________.
Proof beyond a reasonable doubt
88
7. 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.
Serious bodily injury
89
8. A person acts ________________ with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Intentionally
90
9. All of the following are “elements of offense” except for:
a. Unlawful conduct
b. Required result
c. Required culpability
d. The negation of any exception to the offense
a
91
10. With regards to “Effective Consent”, consent is not effective when;
A. Induced by force
B. Given by the legal owner
C. Given by a person legally authorized to act for the owner
D. When authorized by a court of competent jurisdiction
A
92
```
11. _____ 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. Harm
B. Criminal
C. Illegal
D. Unlawful
```
D
93
12. All of the following are included in the definition of “Deadly Weapon” except for?
a. A firearm
b. Anything manifestly designed for the purpose of inflicting death or serious bodily injury
c. Anything made or adapted for the purpose of inflicting death or serious bodily injury
d. Anything that in the manner of its use or intended use is capable of causing harm or bodily injury.
d
94
13. A person acts __________________ with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Knowingly
95
14. A person who points a handgun at another person’s head and pulls the trigger with the desire to kill the victim performs the act _____.
Intentionally
96
```
15. A belief that would be held by an ordinary and prudent man in the same or similar circumstances as the actor is ___.
A. Probable cause
B. Justifiable belief
C. Reasonable suspicion
D. Reasonable belief
```
D
97
16. A person may not be prosecuted for or convicted of an offense (other than perjury, aggravated perjury, or traffic offenses) that he or she committed when:
A. Younger than 14 unless juvenile court waives jurisdiction
B. Younger than 17 unless juvenile court waives jurisdiction
C. Younger than 18 unless juvenile court waives jurisdiction
D. Younger than 15 unless juvenile court waives jurisdiction
D
98
```
17. When a person agrees with another to engage in a felony offense and one of them carries out a portion of the plan amounting to an overt act, the correct charge is:
A. Criminal solicitation
B. Criminal conspiracy
C. Criminal contempt
D. The offense itself
```
B
99
18. Actual care, custody, control or management is the definition of what term?
Possession
100
```
22. “________” means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
A. Ownership
B. Harm
C. Benefit
D. Profit
```
C
101
20. In all criminal cases the ___________ has/have the burden of proof?
State
102
```
23. What is the highest charge that MAY be filed on Bob who intentionally tried to poison his friend Dave? The act was done without Dave’s knowledge, and Dave did not die from the poison because of medical intervention.
A. Aiding suicide
B. Criminal Attempted – Murder
C. Manslaughter
D. Solicitation of murder
```
B
103
24. A person acts ________________ when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist.
Recklessly
104
25. The culpable mental states from highest to lowest are as follows:
Intentional, Knowing, Reckless, Criminal negligence
105
26. If the issue of the existence of a defense is submitted to the jury, the court shall charge that a/an______________ on the issue requires that the defendant be acquitted.
A. Negation of the evidence
B. preponderance of the evidence
C. Unreasonable doubt
D. Reasonable doubt
D
106
27. 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 is the basis for which defense?
Mistake of fact
107
28. “________ ________” means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property.
Criminal episode
108
```
29. “____________” means assent in fact, whether express or apparent means
A. Coercion
B. Benefit
C. Consent
D. Solicitation
```
C
109
30. Misdemeanors are classified according to the relative seriousness of the offense into _______ categories.
3
110
32. What defense to prosecution involves an actor engaged in the conduct charged because he was induced to do so by a law enforcement agent?
Entrapment
111
33. Possession is a ________ act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.
Voluntary
112
34. “Accomplices” to offenses (persons engaging in the same criminal scheme or course of conduct as the principle actor);
a. Must be prosecuted for the next lower offense
b. Are not treated the same as the principle offender
c. Are prosecuted only in felony cases
d. May be charged and convicted for the same offense as the principle offender
d
113
35. Which of the following is not one of the culpable mental states that are defined in the Texas Penal Code?
a. Intentional
b. Knowing
c. Premeditated
d. Reckless
c
114
36. No person may be convicted of an offense unless each element of the offense is proven:
a. beyond a reasonable doubt
b. beyond a shadow of a doubt
c. by a preponderance of the evidence
d. to the level of probable cause
a
115
37. Voluntary intoxication:
a. Does not constitute a defense to the commission of crime
b. Does constitute a defense to the commission of crime
c. Must have the burden of proof
d. Must be proven beyond a reasonable doubt
a
116
```
39. An offense designated a felony in the penal code without specification as to category is a ____________________.
A. Class A misdemeanor
B. State jail felony
C. 3rd degree felony
D. 2nd degree felony
```
B
117
```
42. ________ exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure. (This is part of the definition of “Duress” PC 8.05).
A. Entrapment
B. Insanity
C. Compulsion
D. Harm
```
C
118
43. Felonies and misdemeanors are classified according to the relative seriousness of the offense into a total of ___ categories.
8
119
```
44. P.C. 15.03 Criminal solicitation is limited to which classification(s) of offenses?
A. All felonies
B. All misdemeanors
C. 1st and 2nd degree felonies
D. Capital and 1st degree felonies
```
D
120
46. Currently there is one Capital Felony offense which is:
Capital Murder
121
```
47. Under section 8.04 of the penal code, Intoxication, evidence of temporary insanity ________________ introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.
A. May be
B. May not be
C. Will be
D. Shall be
```
A
122
```
48. No person may, in any case, be punished by death for an offense committed while he was younger than _____.
A. 15 yrs
B. 16 yrs
C. 17 yrs
D. 18 yrs
```
D
123
49. Two individuals talk alone about burglarizing a local factory. They talk about this in depth but nothing is done aside from talking. What offense have the two committed?
a. Criminal solicitation
b. Criminal mischief
c. Criminal conspiracy
d. No charge
d
124
1. A person videotapes an 18-year old taking a shower without her consent. This is done for his sexual desire. The correct charge would be:
A. Indecency with a child
B. Improper photography or visual recording
C. Possession of child pornography
D. Indecent exposure
B
125
2. ______________ means an individual, corporation, or association.
Person
126
```
3. If a person recklessly causes the death of an individual. The correct charge is:
A. Criminally negligent homicide
B. Reckless endangerment
C. Murder
D. Manslaughter
```
D
127
4. The offense of _____________states that a person commits an offense if he intentionally or knowingly abducts another person with the intent to hold him for ransom or reward. The correct charge is:
Aggravated kidnapping
128
5. A person commits ___________ if he intentionally or knowingly causes the death of a ten-year-old child.
Murder
129
6. P.C. Sec. 22.01, Assault, states that a person commits an offense if the person; (The most correct answer is):
a. Intentionally or knowingly causes bodily injury to another
b. Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse
c. Intentionally, knowingly, or recklessly causes serious bodily injury to another, including the person’s spouse
d. Intentionally, knowingly, or recklessly causes bodily injury to another, excluding the person’s spouse
b
130
```
7. P.C. Sec. 21.11, Indecency with a child, is focused only on the crime being committed against victim(s):
A. Younger than 17
B. 17 or younger
C. Younger than 21
D. 18 or younger
```
A
131
8. P.C. Sec. 22.011, Sexual Assault, states; a person commits an offense if the person intentionally or knowingly;
a. Causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
b. Causes the sexual organ of the minor to contact or penetrate the mouth, anus, or sexual organ of another person, excluding the actor.
c. Causes the sexual parts of the actor to contact or penetrate the sexual organ of the minor.
d. Causes any organ of the child to contact or penetrate any organ, anus, or mouth of the other person, including the actor.
a
132
9. According to P.C. Sec. 20.01, Definitions, “Abduct” means to restrain a person with intent to prevent his liberation by;
A. Deception
B. Intimidation or coercion
C. Using or threatening to use deadly force
D. None of the above
C
133
```
10. What offense deals with any person causing a reaction of any type to his threat by an official agency organized to deal with emergencies? (For example, threatening to explode a bomb at a public function.)
A. Deadly conduct
B. Assault
C. Terroristic threats
D. Aggravated assault
```
C
134
11. If a person abducts another with intent to interfere with the performance of government, it is
a. Aggravated kidnapping
b. Kidnapping
c. False imprisonment
d. Unlawful restraint
a
135
12. Engaging in an act of sexual intercourse in a public place is
Public lewdness
136
13. During a period of six weeks, Joey harbors a 16 year old runaway at his house. During this time he drugs the runaway and sells her body. Multiple friends and persons in his neighborhood have sex with her in exchange for money. This is done against her will and in most cases, she is unconscious. The most correct charge for Joey would be?
a. Harboring a runaway
b. Aggravated sexual assault
c. Continuous trafficking of persons
d. Promotion of prostitution
c
137
14. In which of the following circumstances would an individual be charged with aggravated assault?
a. A person knowingly causes physical contact with another person when the actor knows that the other will regard the contact as offensive
b. The actor exhibits a deadly weapon during the commission of assault
c. An actor hits his spouse with his fists and causes a “black eye”
d. An actor hits her husband, but leaves no visible injury
b
138
```
15. When an actor causes the penetration of the anus or sexual organ of another person by any means without the person’s consent, which offense has been committed in the state of Texas?
A. Assault
B. Rape
C. Aggravated sexual assault
D. Sexual assault
```
D
139
```
16. “________” means anything; the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made or adapted for use in the commission of an offense.
A. Unlawful instrument
B. Criminal instrument
C. Criminal solicitation
D. Deadly weapon
```
B
140
17. A man is arrested for Public Intoxication and placed in the backseat of a patrol vehicle. While exiting the vehicle at the jail, the man spits on the officer’s face causing him to jump back. In addition to PI, what is the most correct offense the officer should charge?
a. Assault
b. Indecent exposure
c. Harassment
d. Harassment of public servant
d
141
18. There are ________ classifications of criminal homicide in Texas
4
142
20. A person uses a hostage as a shield while escaping from a burglary. Which of the following offense best fits this course of conduct?
a. Kidnapping
b. Aggravated kidnapping
c. Terroristic threats
d. Deadly conduct
b
143
21. __________ 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”.
Adequate cause
144
```
22. A person takes money to transport an individual in a manner that conceals the individual from authorities and creates a likelihood that the individual will suffer serious bodily injury or death during that transportation. The correct charge is:
A. Trafficking of persons
B. Smuggling of persons
C. Unlawful trafficking
D. Criminally negligent transport
```
B
145
```
23. A person who has custody, care, and control of a child younger than _____ years commits an offense if he or she intentionally abandons the child in any place under circumstances that expose a child to an unreasonable risk of harm.
A. 10
B. 17
C. 14
D. 15
```
D
146
26. A divorced non-custodial father takes his 14-year-old daughter out of the state to live, therefore violating the terms of his divorce decree. The correct charge for the father is:
Interference with child custody
147
27. According to P.C. Sec 25.06, Harboring a runaway child, a child is a person younger than ____ years of age.
18
148
```
28. ________ means “to transport another person or to entice, recruit, harbor, provide, or otherwise obtain another person for transport by deception, coercion or force”.
A. Forced labor
B. Unlawful restraint
C. Traffic
D. Kidnapping
```
C
149
29. P.C. Sec. 22.10, Leaving a Child in a Vehicle, states; a person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than ____ minutes, knowing that the child is younger than ____ years of age; and not attended by an individual in the vehicle who is ____ years of age or older.
5, 7, 14
150
30. When a person intentionally/knowingly causes bodily injury to a uniformed peace officer by striking the peace officer with a firearm, the correct charge is;
Aggravated assault
151
```
31. A person points a loaded rifle at another but does not discharge the weapon. The most correct charge is;
A. Assault
B. Deadly conduct
C. Aggravated assault
D. No charge
```
B
152
32. A person masturbates in front of a child younger than 17. This is done for the actor’s sexual gratification. The correct charge is:
a. Enticing a child
b. Public lewdness
c. Indecent exposure
d. Indecency with a child
d
153
33. A 20-year-old man is dating an 18-year-old woman. Without the woman’s consent, the man penetrates the woman’s sexual organ with his sex organ. The correct charge is:
Sexual assault
154
34. A nurse fails to administer medicine to a 20-year-old autistic person, causing serious mental impairment. The correct charge is:
A. Injury to a child, elderly individual, or disabled individual
B. Assault
C. Assault by omission
D. Attempted murder
A
155
35. To restrict a person’s movement, without their consent, so as to interfere substantially with his liberty by moving him from one place to another or by confining the person is what definition?
Restrain
156
36. An actor has nonconsensual sexual intercourse with two victims who are 16 years of age, all within 30 days of the first occurrence. The correct charge for each occurrence would be?
a. Continuous Sexual Abuse of Young Child or Children
b. Aggravated Sexual Assault
c. Sexual Assault
d. Continuous Sexual Assault
c
157
```
37. 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. The correct charge is:
A. Public lewdness
B. Disorderly conduct
C. Indecency with a child
D. Indecent exposure
```
D
158
39. A high school employee commits an offense if he or she engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a student at the high school in which the employee works. The correct charge would be:
Improper relationship between educator and student
159
40. A person has sex with his adopted daughter. This is done with the adopted daughters’ consent. The correct charge would be;
a. Sexual assault
b. Indecent exposure
c. Aggravated sexual assault
d. Prohibited sexual conduct
d
160
41. ________ means “any contact between any part of the genitals of one person and the mouth or anus of another person”.
Deviate sexual intercourse
161
42. “Violation of protective order preventing an offense caused by bias or prejudice” protects a person against all of these except for:
a. Prohibited sexual conduct
b. Arson
c. Graffiti
d. Criminal mischief
a
162
43. All of the following are elements of the offense, Sec. 25.07, Violation of Orders or Conditions of Bond in a Family Violence Case, except:
a. Commits family violence
b. Communicates directly with a family member of the protected individual
c. Goes by the workplace of the protected individual
d. Has his/her attorney contact the protected person’s attorney in relation to a legitimate matter
d
163
```
44. Jim sets fire to Greg’s house with the sole intent of killing Greg. Greg dies in the fire. The correct charge for Jim is?
A. Arson
B. Murder
C. Capital murder
D. Manslaughter
```
C
164
45. You receive a call for a violation of a protective order. Upon arrival, the wife tells you she asked her husband, who she has an active protective order against, to spend the night because she was lonely. What is the proper (most correct) course of action?
a. Arrest the husband and also arrest the wife – both are in violation
b. Arrest the husband and do not arrest the wife
c. Give the husband a warning and make him leave in your presence
d. No charge – let them try and work things out
b
165
46. Larry pinches a woman’s buttocks. The woman is offended at the action, but not hurt in any way. The correct charge for Larry is?
a. Assault - contact
b. Sexual assault
c. Prohibited Sexual Conduct
d. No charge- innocent action
a
166
47. An individual calls a news station saying he has “poisoned the city’s water supply”. This is done with the intent to place the public or a substantial group of the public in fear of serious bodily injury. The correct charge would be:
a. Deadly conduct
b. Assault - threats
c. Terroristic threat
d. Attempted murder
c
167
48. A man puts Rohypnol (the date-rape drug) in a woman’s drink at a party, and then (after the drug has taken effect) has sex with her. The correct charge would be:
a. Indecent exposure
b. Aggravated assault
c. Sexual assault
d. Aggravated sexual assault
d
168
49. While at a birthday party, George fondles the breast of his 12-year-old niece – this contact is made on the outside of the niece’s clothing only (clothing is between George’s hand and the niece’s breast, but the fact of the touch still remains). The correct charge is:
a. Improper relationship
b. Aggravated sexual assault
c. Prohibited sexual conduct
d. Indecency with a child
d
169
50. Jay and Tom find an intoxicated woman in a back bedroom of house during a keg party, Jay has sex with the woman, who is on a bed and too intoxicated to resist/consent. Tom also has sex with the woman (same circumstances and immediately after Jay has completed the act). During both acts (by both actors) when the primary actor is performing his act, the other actor is acting as a lookout. The correct charge (for either or both actors) is:
a. Sexual assault
b. Aggravated sexual assault
c. Aggravated kidnapping
d. No charge – she became intoxicated voluntarily
b
170
1. Jake steals his neighbor’s purse and then uses a gas card found inside to buy gas for his car. In addition to the original theft, what other offense should Jake be charged with?
a. Organized retail theft
b. Credit card / debit card abuse
c. Theft of service
d. Criminal simulation
b
171
2. What is the primary difference between robbery and theft?
a. The type of weapons used in both
b. The type of entry
c. The use of, attempted use of, or threatened use of force
d. The value of the item taken
c
172
3. What type of “entry” is necessary in the crime of burglary?
a. The intrusion of the entire body
b. The act of “breaking” must be proven to constitute the offense
c. The intrusion of any body parts
d. The intrusion of any part of the body or any physical object attached to the body
d
173
4. Which of the following would cause the offense of robbery to be upgraded to aggravated robbery?
a. Places a 45-year-old in fear of imminent bodily injury or death
b. Causes bodily injury to another
c. Causes bodily injury to a disabled person
d. Says that a weapon is in his pocket, but never exhibits or uses a weapon
c
174
5. All of the following are elements that cause Criminal Mischief (P/C 28.03) to be charged at a State Jail Felony level except for ___.
a. A place of worship
b. A place of human burial
c. A place of public election
d. A public monument
c
175
6. A person breaks into a “railroad car” and steals some cash. The correct charge is ____.
a. Burglary building
b. Burglary of a vehicle
c. Interference with railroad property
d. Theft
b
176
7. Joe reaches into Lucy’s house through an open window. Joe takes Lucy’s purse from inside the house. The correct charge for Joe is ___.
a. Criminal trespass
b. Criminal mischief
c. Theft
d. Burglary – habitation
d
177
8. A person uses a credit card with the effective consent of the owner; he has committed
No offense
178
10. While at a party, Tim refuses to leave at the homeowner’s request. Tim was invited to the party. The police respond and the homeowner requests that Tim leave in the presence of the police, but Tim still refuses. What is the correct charge for Tim?
Criminal trespass
179
11. Bob breaks a candy machine and then reaches inside to get some candy. Bob never put any money into the machine. The most appropriate charge would be?
Burglary of a coin operated machine
180
12. A person “tags” (makes gang markings on) a church that causes $100.00 in damage. The person uses an indelible marker. The correct charge would be ____.
a. Criminal mischief - $50/$500
b. Reckless damage or destruction
c. Graffiti - $0/$500 (Class B)
d. Graffiti - state jail
d
181
```
13. A person makes USD $50 bills and then tries to pass them off as real currency. The correct charge for the person is?
A. Barratry
B. False coinage
C. Forgery
D. Theft-state jail felony
```
C
182
```
14. To intentionally or knowingly “restrain” another person from leaving is the key element of what offense?
A. Unlawful restraint
B. Kidnapping
C. Aggravated kidnapping
D. Criminal mischief
```
A
183
15. ________ means a structure or vehicle that is adapted for overnight accommodation of persons.
Habitation
184
```
16. Relating to the offense of Arson, a person commits an offense if the person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture ________ and the fire or explosion damages any building, habitation or vehicle.
A. Methamphetamine only
B. A controlled substance
C. A bomb or incendiary device
D. A prohibited weapon
```
B
185
17. ________ means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament or use.
Building
186
18. Lisa has a fight with her neighbor in her apartment complex. After the neighbor leaves for work, Lisa goes next door and cuts off the electricity to her neighbor’s apartment. The electric box is in a public area. What is the correct charge?
a. Criminal mischief
b. Criminal trespass
c. Burglary
d. Disorderly conduct
a
187
19. An actor, in the course of committing a theft, causes serious bodily injury to another. This was done while the actor was fleeing the scene. What is the correct charge?
a. Theft
b. Aggravated assault
c. Robbery
d. Aggravated robbery
d
188
20. A woman is observed by a store manager placing two bottles of tequila in her purse while walking around the store. The total cost of the two bottles is $39.99. The woman walks past the cash registers and attempts to exit the store when the manager confronts the woman, detains her and calls police. What is the correct charge?
a. Burglary building
b. Shoplifting $0/$50
c. Theft Under $50
d. Robbery
c
189
22. Joey and his friends are out in a field by the railroad tracks shooting cans with a .22 rifle. A train comes by and Joey shoots at the train. The correct charge (for Joey) would be:
a. Criminal mischief
b. Disorderly conduct
c. Interference with railroad property
d. Aggravated assault
c
190
23. In order to have the crime of Graffiti, the markings have to have been made with what three items?
a. Paint, erasable marker, or etching/engraving device
b. Paint, sketching device or indelible marker
c. Paint, indelible marker, or etching/engraving device
d. Sharpie, indelible marker, or etching/engraving device
c
191
24. “________” means conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft.
a. Unlawful act
b. In the course of committing theft
c. Robbery
d. Aggravated Robbery
b
192
25. Roger entered the Sear’s Department Store and remained concealed until after closing. This was done in order to steal some electronics. What is the correct charge for Roger?
Burglary - building
193
26. While on patrol downtown, you see a vagrant with a coat hanger trying to extract money out of a coin collecting receptacle (slot box for money) in a parking lot. You apprehend him before he gets any money. What is the correct charge?
a. No charge – since he didn’t get any money
b. Burglary of coin-operated/collection machine
c. Criminal mischief ($0 - $50)
d. Attempted theft
b
194
```
27. Ken intentionally kills Sam by starting a fire in the house where Ken knows Sam is sleeping. What is the correct charge for Ken?
A. Arson
B. Murder
C. Capital murder
D. Deadly Conduct
```
C
195
28. An actor finds an unlocked car, gets inside the car to avoid the rain and then falls asleep. The owner finds the man and calls the police. The most appropriate charge is?
a. Criminal mischief
b. Burglary of vehicle
c. Unlawful entry
d. Criminal trespass
d
196
```
29. According to P.C. Sec. 22.021, Aggravated Sexual Assault, sexual assault becomes aggravated, regardless of the circumstances, if the victim is younger than ____ years of age.
A. 18
B. 17
C. 15
D. 14
```
D
197
30. To withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner is the definition of what term?
Deprive
198
32. According to P.C. Sec. 31.03 Theft, appropriation of property is unlawful if:
a. It is taken from an individual by a police officer during an arrest and put in the property room
b. It is without the owner’s effective consent
c. It is with the owner’s effective consent
d. It is taken to a pawn shop by the owner and sold
b
199
33. Under P.C. 31.03 Theft, the punishment is increased to the next highest category if the owner of the property at the time of the offense was:
a. A disabled person
b. An elderly person
c. A child younger than 17 years of age
d. A child younger than 14 years of age
b
200
34. Scott, while at a grocery store, sees a man wearing baggy jeans walk by. Scott observes that the man has his wallet in his back pocket and that the wallet is accessible. Scott steals the man’s wallet (valued at $100.00) from his back pocket. The man never realizes that his wallet was taken until he attempts to checkout. The correct charge for Scott is?
a. Theft from person – State jail
b. Theft $50-$500
c. Robbery
d. Aggravated robbery
a
201
35. Sarah and Arlene eat dinner at Mama’s Café and intentionally leave without paying. The cost of their meal (their bill) is $25.00. The correct charge is:
Theft of service ($20/$500)
202
36. You receive a call for an individual selling property in which the serial number has been removed. What is the correct charge?
a. Theft of identification numbers
b. Selling stolen property
c. Burglary
d. Tampering with identification numbers
d
203
```
37. A thirteen-year-old boy consents to sex with his twenty-year-old girlfriend. What is the correct offense that the twenty-year old girlfriend should be charged with?
A. Sexual assault
B. Aggravated sexual assault
C. Indecency with a child
D. Public lewdness
```
B
204
```
38. A person “ought to be aware” that their actions would cause another’s death and they perform an act that causes the death of another person. The correct charge is?
A. Criminally negligent homicide
B. Murder
C. Capital murder
D. Manslaughter
```
A
205
39. If a person causes an explosion and damages a vehicle in order to collect insurance money. What is the correct charge?
a. Terroristic threat
b. Criminal mischief
c. Reckless damage or destruction
d. Arson
d
206
40. At the flea market, you find a vendor who is selling autographed pictures of Spurs players. He is advertising the items as authentic, and very valuable. After speaking with the vendor in depth, he admits that the autographs are forged. The most correct charge for the vendor actions is?
a. Criminal deception
b. Criminal simulation
c. Criminal forgery
d. Trademark counterfeiting
b
207
```
41. Joe walks up to Jim and steals the wallet from Jim’s pocket. Jim realizes what is happening and a scuffle breaks out. Joe pushes Jim to the ground in an attempt to get away. Jim receives bruising to his wrist and arm. Joe runs away with the wallet, but is apprehended in the parking lot. What is the correct charge for Joe? Note: Jim and Joe are both 18 years old.
A. Aggravated robbery
B. Robbery
C. Theft ($0-$50)
D. Theft of person
```
B
208
```
42. Jack rents movies from Blockbuster, and fails to return them by the due date. Weeks later, Jack returns the movies but refuses to pay the late fees. Jack closes his account and ignores further notices. The correct charge would be?
A. Theft of service
B. Theft ($0-$50)
C. Theft by check
D. No charge/civil matter
```
A
209
```
43. Under P.C. Sec. 30.02 Burglary, a person commits an offense if he enters a habitation or building not then open to the public with the intent to commit:
A. Felony, theft, or arson
B. Felony, theft, or assault
C. Misdemeanor, theft, or arson
D. Misdemeanor, theft, or assault
```
B
210
44. Jack breaks a window on a vehicle and tries to steal the stereo, but is unable to pry it out. What is the correct charge for Jack?
a. Criminal trespass
b. Criminal mischief
c. Burglary of vehicle
d. Attempted burglary theft
c
211
45. Under Section 32.51 Fraudulent Use or Possession of Identifying Information, “Identifying information” can include all, except for?
a. Social Security number
b. Name & date of birth
c. Unique electronic identification number
d. Fingernail DNA , voice scan
d
212
```
46. Bob buys a riding lawnmower at Lowes with a check. The lawnmower costs $499.99, Bob knows he has insufficient funds in his bank account to cover the check. The best charge would be;
A. Presumption For Theft by Check
B. Issuance of bad check
C. Theft of service ($20-$500)
D. Theft ($50-$500)
```
A
213
47. A person steals an unsigned check from another person’s checkbook. The correct charge is?
a. Unauthorized stealing of financial sight order
b. No charge unless they attempt to cash it
c. Stealing or receiving stolen check
d. Theft under $50
c
214
48. ________ means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury
Deadly weapon
215
49. Under Section 30.05 (Criminal Trespass), “entry” is defined as:
a. Intrusion of any part of the body
b. Intrusion of any part of the body or any physical object connected with the body
c. Intrusion of the entire body
d. Intrusion
c
216
50. “Serious bodily injury” means bodily injury that creates a (an) _____ 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. unjustifiable
b. serious
c. reasonable
d. substantial
d
217
1. What action can be taken when a peace officer lawfully arrests a person and requests the individual’s name, date of birth, and address, but the person refuses to give the information or gives false information to the officer?
a. No action can be taken
b. Arrest for evading arrest
c. Arrest for failure to identify
d. Arrest for hindering apprehension
c
218
2. What is the main difference between resisting arrest and evading arrest?
a. Suspect uses physical force in avoiding apprehension in each, therefore no difference
b. Suspect uses force to avoid apprehension in evading but not in resisting
c. Suspect uses force to avoid apprehension in resisting but merely runs away in evading
d. None of the above
c
219
3. Which of the following crimes is committed if a person institutes a false suit in a civil court knowing that he or she does not have an interest in the suit?
a. Fraud
b. Barratry
c. Illegal influence
d. Interference with duty of a public servant
b
220
```
4. What offense occurs if Tom is sitting in front of a store blocking the entrance and refusing to leave when asked to do so? Tom is protesting the sale of furs and keeping people from entering the store. Tom does not have authority or legal privilege to be there.
A. Disorderly conduct
B. Burglary
C. Obstructing a passageway
D. No charge
```
C
221
5. A witness to a criminal offense (felony) gives you his name but a false address. What offense, if any, did the witness commit?
a. Evading arrest
b. Failure to identify
c. Hindering apprehension
d. Tampering with a witness
b
222
6. To commit the offense of Obstructing a Highway or other Passageway, a person must
a. Render the passageway completely impassable with his body only
b. Render passage unreasonably inconvenient or hazardous with an object only
c. Use only a vehicle to render the passageway impassable or to render passage unreasonable inconvenient or hazardous
d. Render the passageway impassable or to render passage unreasonably inconvenient or hazardous regardless of the means of creating the obstruction
d
223
7. Joe intentionally lets another person, who is fleeing from police, come into his apartment to avoid apprehension. The officer was attempting a lawful arrest of the person he was originally pursuing. The correct charge for Joe is ___?
Hindering apprehension
224
8. A police officer writes a ticket to a female. The officer makes unwanted sexual advances during the stop. The officer writes the female a citation and then, a few days later, uses the phone number on the ticket to further contact the female and request sexual favors. The correct charge would be ____?
Official oppression
225
9. K9 (police dog and handler) are searching for a suspect who has just fled from the police. K9 finds the suspect. During the attempt to arrest the suspect, the suspect kicks the K9 dog. The correct charge for the actor (other than what he was originally fleeing for) is ___?
A. Cruelty to animals
B. Attack on police assistance animal
C. Interference with police service animals
D. Resisting arrest
C
226
10. Bob enters a public establishment and pulls down his pants and exposes his anus to customers. The act was done as a prank and after exposing his anus Bob pulls up his pants and leaves. The most correct charge for Bob is ___?
a. Breach of the peace
b. Indecent exposure
c. Public lewdness
d. Disorderly conduct
d
227
11. ________ occurs when a person intentionally or knowingly harms or threatens to harm another by an unlawful act, in retaliation for or on account of the victim’s status as a public servant or witness.
a. Improper influence
b. Coercion of a public servant
c. Obstruction or retaliation
d. Tampering with a witness
c
228
12. What crime, if any, is committed when a person causes the telephone of another to ring repeatedly, makes repeated phone calls, or makes a telephone call and intentionally fails to hang up or disengage the connection?
Harassment
229
13. A San Antonio Police cadet dresses up in his father’s SAPD uniform and goes to a Halloween party. The Cadet has no other intentions other than to have an interesting costume for the party. What offense has the cadet committed?
a. None, the cadet has permission from his father to do so.
b. Impersonating public servant
c. False identification as peace officer
d. Unauthorized practice of law
c
230
14. For the offense of “Riot” (PC 42.02) there must be how many persons involved in the criminal course of conduct to meet the elements of the offense?
a. 2 or more
b. More than 2
c. More than 7
d. 7 or more
d
231
15. Mr. Johnson intentionally releases ten rats during a lawful meeting in an attempt to disrupt the meeting. The correct charge for Mr. Johnson is ___?
A. Harassment
B. Hindering proceedings by disorderly conduct
C. Riot
D. Disrupting a meeting or procession
D
232
16. Mr. Gonzales stands up in a crowded movie theater and yells “fire” when there is no fire. Mr. Gonzales’ claim is done as a prank and is false and baseless. The correct charge for Mr. Gonzales is ___?
a. False alarm or report
b. Harassment
c. Disorderly conduct
d. Terroristic report
a
233
17. A woman calls a man on the phone and asks him if he would like her to masturbate in front of him. The woman goes into detail about how she will do this. The man is offended by the woman’s patently offensive statements. The correct charge for the woman is ___?
a. Indecent exposure
b. Harassment
c. Public lewdness
d. Disorderly conduct
b
234
18. Mrs. Grant dials 911 and reports a nonexistent major auto accident (accident with serious injuries). The most correct penal code charge for Mrs. Grant is ___?
a. Harassment
b. Silent or abusive calls to 911
c. Failure to report crash
d. False alarm or report
d
235
19. A person commits an offense if he intentionally, by use of force, prevents his own arrest. The arrest is attempting to be made by a person he knows is a peace officer. The correct charge for the person is ___?
A. Evading arrest or detention
B. Hindering apprehension
C. Resisting arrest, search, or transportation
D. Escape
C
236
20. It is no defense to prosecution under P.C. 38.03 Resisting Arrest, Search, or Transport that:
a. The arrest or search was lawful
b. The arrest or search was unlawful
c. The arrest or search was necessary
d. There are multiple defenses available for this offense
b
237
21. According to P.C. 36.01, Definitions, “Custody” means:
a. Detained by a police officer
b. Arrested by a police officer
c. Detained or under arrest by a peace officer
d. Detained or stopped by a police officer
c
238
```
22. Dave kills his neighbor’s dog because the dog barks all night. The dog is not on Dave’s property but in its own backyard. The most correct charge for Dave is ___?
A. Criminal mischief
B. Cruelty to nonlivestock animals
C. Deadly conduct
D. Cruelty to livestock animals
```
B
239
23. Identify the following elements that can upgrade “Perjury” to “Aggravated Perjury”.
a. A contempt of court citation resulting from a statement
b. False statement, under oath, during official proceeding, and is material
c. False statement, under oath, during official proceeding, and is substantial
d. False statement, under oath, during official proceeding, and is consistent
b
240
24. In order to have a “Riot” according to the Penal Code, PC 42.02 (a)(1), the course of conduct must include conduct that creates:
a. An unreasonable danger of damage to property or injury to persons
b. A substantial danger of damage to property or injury to persons
c. An immediate danger of damage to property or injury to persons
d. A serious danger of damage to property or injury to persons
c
241
25. P.C. 37.08, False Report to a Peace Officer, states a person commits an offense if, with intent to deceive, he knowingly makes a false statement to a peace officer conducting a criminal investigation and the statement is:
a. Important to the investigation
b. Substantial to the investigation
c. Relevant to the investigation
d. Material to the investigation
d
242
26. A person “ought to be aware that their actions would cause another’s death and they do cause death”. These are the key elements of what offense?
a. Criminally negligent homicide
b. Murder
c. Capital murder
d. Manslaughter
a
243
27. A person continues to disrupt a peace officer during the officer’s investigation and official duty. The person’s conduct consists of actions other than merely speech. The correct charge is ___?
Interference with public duty
244
28. Robert calls “911” and begins yelling at the dispatcher and calling her obscene names. The correct charge is ___?
Silent or abusive calls to 911
245
30. Mr. Smith causes two dogs to fight for pecuniary benefit and personal enjoyment. The correct charge for Mr. Smith is ___?
Dog fighting
246
31. According to P.C. 42.072, Stalking, a person commits an offense if the person, on ________ and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct, that the other will regard as threatening bodily injury or death.
a. One occasion
b. More than one occasion
c. One or more occasions
d. On three or more occasions
b
247
32. A police officer steals spare parts from different police cruisers and ultimately puts them on his personal vehicle. Other than theft, what offense has the officer committed?
a. Theft of service
b. Abuse of official capacity
c. Official oppression
d. Misuse of official property
b
248
33. A person harbors or conceals a child who is wanted for delinquent conduct that violates a penal law of the state. The most correct charge for the person harboring or concealing the child is ___?
a. Hindering apprehension or prosecution
b. Improper influence
c. Kidnapping
d. Evading arrest
a
249
```
34. 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 a benefit from another. These are the elements of what offense?
A. Coercion of public servant or voter
B. Improper Influence
C. Bribery
D. Unlawful benefit
```
C
250
35. Mr. Ramirez shoots a handgun in the general direction of a group of people standing on a corner, but no one is hit by the gunfire. The correct charge for Mr. Ramirez is ___?
Deadly conduct
251
36. According to PC 42.01 (a)(1), Disorderly Conduct, all of the following are correct uses of applying this charge – EXCEPT FOR – which one? (Assume all of the below courses of conduct are committed in a public place and all were committed intentionally or knowingly).
a. Fighting (with another person)
b. Making offensive gestures that tend to incite an immediate breach of the peace
c. While at a hotel, a person walks down a hallway and glances into another guest’s room through a window. The person does nothing other than briefly glance into the room and continues walking to his own room.
d. Exposes his anus or genitals and is reckless about whether another may be present who will be offended or alarmed by his act
c
252
37. A store owner offers a police officer gift cards worth several hundred dollars to look up his neighbor’s arrest record. The officer accepts. The correct charge for the police officer is ___?
a. Acceptance of honorarium
b. Bribery
c. Coercion of police officer
d. Gambling
a
253
38. A statement is ________, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding.
Material
254
```
39. Sam, intentionally and without effective consent of the owner, throws a brick through a church window – breaking the window. The window cost $200.00 to replace. The correct charge for Sam is ____?
A. Criminal mischief ($50-$500)
B. Burglary
C. Criminal Mischief – state jail
D. Reckless damage or destruction
```
C
255
41. According to PC 38.14, Taking or Attempting to Take Weapon From Peace Officer, there are 4 things listed in the description of the offense that person’s are prohibited from taking or attempting to take from peace officers. From the following choices, which of the following IS NOT an item listed under the description of this offense? Interpret this to mean the items are taken from, or attempting to be taken from a peace officer and the person’s intent in doing so is to harm the officer or a third person.
a. Firearm
b. Stun gun
c. Handcuffs
d. Nightstick
c
256
42. What is the primary difference between Impersonating Public Servant and False Identification as Peace Officer?
a. The location of where the offense takes place
b. In “impersonating” there must be intent to induce another to submit to his pretended official authority
c. In “false identification” there must be intent to induce another to submit to pretended official authority
d. The type of uniform worn
b
257
43. Under P.C. Sec. 38.02 Failure to Identify, a person commits an offense if he intentionally gives a false or fictitious ________, ________, or ________ to a peace officer who has lawfully arrested or detained the person.
a. Name, residence address, date of birth
b. Name, date of birth, social security number
c. Name, residence address, driver’s license number
d. Name, date of birth, driver’s license number
a
258
44. You have arrested a wanted individual and placed him, handcuffed, in the back seat of your patrol car. You are standing near your car speaking to witnesses when an individual approaches your patrol car and opens the back door, releasing your prisoner. The correct charges to apply in this situation are _________.
A. Escape for both the prisoner and individual that opened the door
B. Escape for the prisoner and Hindering Apprehension for the individual
C. Escape for the prisoner and hindering apprehension for the individual
D. Escape for the prisoner only-no charge for the other individual
B
259
45. A person witnesses the carjacking of an individual in which the individual is severely beaten by several actors. The actors use lead pipes and cause serious bodily injury to the individual – owner of the car. The witness does not go to police or call in the offense, but is later identified as a witness by a license plate record. What is the correct charge for the witness, if any?
a. No charge, he’s just a witness
b. Failure to stop and render aid
c. Failure to report felony
d. Interference with public duties
c
260
46. You are in the process of arresting an individual for the offense of burglary. The actor begins to struggle and grabs your duty weapon, and tries to remove it from the holster. The correct charge is _____.
a. Evading arrest
b. Taking or attempting to take weapon from peace officer
c. Hindering arrest
d. Interference with public duties
b
261
47. PC 36.07, Acceptance of Honorarium, “a public servant commits an offense if the public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant’s official position and duties.
a. True
b. False
a
262
40. According to PC 39.03, Official Oppression, a public servant acting under color of his office or employment commits an offense if he: intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful.
a. True
b. False
a
263
48. Two brothers are standing in the food court at the mall arguing loudly and cursing. There are numerous persons in the immediate area who are obviously offended by the vulgar language being used. What offense do you have?
a. Disturbing the peace
b. Riot
c. Disorderly conduct
d. Assault
c
264
49. According to PC 42.092, Cruelty to Nonlivestock Animals, “a person commits an offense if the person intentionally or knowingly or recklessly: fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person’s custody”.
a. True
b. False
a
265
50. You arrive at a home where a husband has assaulted his wife. You have the husband in custody. While taking information from the wife, you observe that the phone has been pulled from the wall and is lying on the floor. The wife states that the husband rendered the phone unusable when she attempted to call “911”. In addition to assault, what charge do you have, if any?
a. Interference with emergency request for assistance
b. Disorderly conduct
c. False alarm or report
d. No charge
a
266
```
"______" means a director, officer, employee, or other person authorized to act in behalf of a corporation or association.
A. Partner
B. Agent
C. Manager
D. Employer
```
B
267
```
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 his conduct was wrong is the definition for:
A. PTSD
B. Antisocial conduct
C. Insanity
D. Disabled
```
C
268
```
Sec. 8.03: It is an affirmative defense to prosecution that the actor reasonable believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon (1) an official statement of the law contained in a written order or (2) a written interpretation of the law contained in an opinion in a court of record is:
A. Mistake of law
B. Mistake of fact
C. Insanity
D. Ignorance
```
A
269
```
A person commits an offense if the person commits murder and 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. What is the offense?
A. Manslaughter
B. Criminally negligent homicide
C. Murder
D. Capital murder
```
D
270
```
A person commits an offense if he intentionally or knowingly abducts another person. What offense is committed?
A. Smuggling of persons
B. Kidnapping
C. Unlawful restraint
D. Aggravated kidnapping
```
B
271
```
Sec. 21.02 Continuous sexual abuse of young child or children: A person commits an offense if during a period that is more than ___ days in duration, the person commits ___ or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims.
A. 10/2
B. 15/3
C. 20/2
D. 30/2
```
D
272
```
Regarding 21.02 Continuous sexual abuse of young child or children: "at the time of the commission of each of the acts of sexual abuse, the actor is ___ years of age or older and the victims is a child younger than ____ years of age."
A. 17/14
B. 18/14
C. 18/16
D. 17/12
```
A
273
```
A person commits an offense if he is legally married and he purports to marry or does marry a person other than his spouse in this state or any other state or lives with a person other than his spouse in this state under the appearance of being married is what type of offense?
A. Prohibited sexual conduct
B. Deviate sexual intercourse
C. Bigamy
D. Polygamy
```
C
274
```
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 any building, habitation or vehicle: knowing that it is insured against damage or destruction, is subject to a mortgage or other security interest and is on property belonging to another. What offense is committed?
A. Criminal mischief
B. Reckless damage
C. Murder
D. Arson
```
D
275
```
It is a defense to prosecution that prior to starting a fire or causing the explosion, the actor obtained a permit or other written authorization granted in accordance with a city ordinance, if any, regulating fires and explosions. What offense does this reference?
A. Arson
B. Criminal mischief
C. Capital murder
D. Deadly conduct
```
A
276
```
It is a state jail felony if property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon. What offense has been committed?
A. Reckless damage or destruction
B. Criminal mischief
C. Arson
D. Terroristic threat
```
B
277
```
An explosive or incendiary bomb, granade, rocket and mine; a device designed, made or adapted for delivering or shooting an explosive weapon and a device designed, made, and adapted to start a fire in a time-delayed manner are included to describe:
A. Explosive weapon
B. Deadly weapon
C. Prohibited weapon
D. Explosive device
```
A
278
```
Sec. 30.05 Criminal Trespass; "Notice" means: the placement of identifying purple paint marks on trees or posts on the property provided that the marks are: vertical lines of not less than ___ inches in length and not less than ___ inch in width.
A. 6/1
B. 8/1
C. 7/2
D. 8/2
```
B
279
```
Sec. 30.05 Criminal trespass; "Notice" means the placement of identifying purple paint marks on trees or posts on the property provided the marks are: placed so that bottom of the mark is not less than ___ feet from the ground or more than ___ feet from the ground.
A. 4/6
B. 4/5
C. 2/5
D. 3/5
```
D
280
```
Sec. 31.01 Definitions: "_______" means: to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner.
A. Appropriate
B. Steal
C. Deception
D. Deprive
```
D
281
```
Sec. 31.04 Theft of service: A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (4) the actor failed to return property held under a rental agreement within ___ days after receiving notice demanding return if the property is valued at less than ____.
A. 3/$500
B. 2/$1000
C. 5/$1500
D. 5/$1000
```
C
282
```
A person commits an offense if with intent to defraud another or harm another: he makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source or authorship that it does not have. What is the offense?
A. Forgery
B. Criminal simulation
C. Trademark counterfeiting
D. Fraud
```
B
283
```
Sec. 33.021 Online solicitation of a minor; a person who is ___ years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the internet, by electronic mail or text message or other electronic message service or system or through a commercial on line service intentionally: communicates in a sexually explicit manner with a minor or distributes sexually explicit material to a minor.
A. 16
B. 17
C. 18
D. 14
```
B
284
```
A person commits an offense if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or who will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceedings on the basis of considerations other than those authorized by law. What offense is committed?
A. Bribery
B. Coercion of public servant or voter
C. Tampering with witness
D. Improper influence
```
D
285
A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.
A. Resisting arrest, search, or transportation
B. Evading arrest or detention
C. Hindering apprehension or prosecution
D. Escape
B
286
```
Sec. 42.01 Disorderly Conduct; An act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence and a noise is presumed to be unreasonable if the noise exceeds a decibel level of ___ after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
A. 100
B. 75
C. 85
D. 55
```
C
287
```
Sec. 42.02 Riot means: the assemblage of ___ or more persons resulting in conduct which creates an immediate danger of damage to property or injury to persons.
A. 7
B. 5
C. 6
D. 10
```
A
288
```
Sec. 42.02 Riot; It is ________ to prosecution that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct, the actor retired from the assembly.
A. No defense
B. An affirmative defense
C. A defense
D. An exception
```
C
289
```
Sec. 42.05 Funeral Service Disruptions; a person commits an offense if during the period beginning ___ hours before the service begins and ending three hours after the service is completed, the person engages in picketing within ____ feet of a facility or cemetery being used for a funeral service.
A. 2/500
B. 3/500
C. 4/1000
D. 3/1000
```
D
290
```
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 communications makes a comment, request, suggestion, or proposal that is obscene. What is the offense?
A. Harassment
B. Stalking
C. Disorderly conduct
D. Sexual harassment
```
A
291
```
A person commits an offense if the person knowingly causes another by force, threat, or fraud to commit prostitution or causes by any means a child under the age of 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense. What is the offense?
A. Promotion of prostitution
B. Compelling prostitution
C. Prostitution
D. Aggravated promotion of prostitution
```
B
292
```
Sec. 43.23 Obcsenity; A person who possesses ___ or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.
A. Two
B. Three
C. Four
D. Six
```
D
293
```
Sec. 46.01 Definitions; "Illegal knife" means: a knife with a blade over _____ inches.
A. Six
B. Six and one-half
C. Five
D. Five and one-half
```
D
294
```
Sec. 46.035 Unlawful carrying of handgun by license holder; A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun regardless of whether the handgun is concealed on the premises of a business that has a permit or license issued under Alcohol Beverage Code, if the business derives ___ or more of its income from the sale or service of alcoholic beverages for on premise consumption.
A. 40%
B. 45%
C. 51%
D. 60%
```
C
295
```
Sec. 47.01 Definitions; "Bookmaking" means: to receive and record or to forward more than ___ bets or offers to bet in a period of 24 hours or a scheme by ____ or more persons to receive, record or forward a bet or an offer to bet.
A. Four/four
B. Five/four
C. Five/three
D. Three/five
```
C
296
```
Sec. 49.045 Driving while intoxicated with child passenger; a persons commits an offense if the person is intoxicated while operating a motor vehicle in a public place and the vehicle being operated by the person is occupied by a passenger who is younger than ____ years of age.
A. 15
B. 16
C. 14
D. 17
```
A
297
```
Sec. 71.01 Definitions; "Combination" means: ___ or more persons who collaborate in carrying on criminal activities.
A. Two
B. Three
C. Four
D. Five
```
B
298
```
"___________" means three 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. Combination
B. Organized criminal activity
C. Criminal street gang
D. Organized membership
```
C
299
```
Sec. 49.01 Definitions; "Alcohol concentration" means the number of grams of alcohol per: 210 ____ of breath; ____ milliliters of blood; or ___ milliliters of urine.
A. Grams/100/67
B. Mililiters/50/100
C. Liters/100/67
D. Liters/67/100
```
C
300
```
Sec. 47.01 Definitions; A "Bet" means an agreement to win or lose something of value solely or partially by chance but does not include an offer of merchandise, with a value not greater than ___, made by the proprietor of a bona fide carnival contest conducted at a carnival sponsored by a nonprofit religious, fraternal, school, law enforcement, youth, agricultural or civic group.
A. $10
B. $15
C. $20
D. $25
```
D
