Penal Code Offenses Flashcards
The officer is dispatched to a local bar in reference to a fight in progress. Upon arrival, the officer observes the deceased lying on the sidewalk. Two bouncers are detaining the suspect. The officer learns that the suspect accused the deceased of cheating at the pool. A fight ensued and the suspect struck the deceased in the head with a pool cue causing his death. PC 19.02
What offense is being committed? A. Criminal negligence homicide B. Manslaughter C. Intoxication Manslaughter D. Murder
What is the penalty? A. 1st Degree Felony B. 2nd Degree Felony C. 3rd Degree Felony D. Capital Felony
D. Murder;
A. 1st Degree Felony;
Life, 5-99 years, $10,000
During the course of committing a theft at a local convenience store, an individual pulls a handgun from his waistband, shoots, and kills the store clerk.
The suspect is caught a short time later and arrested and charged with _________. PC 19.03
A. Capital Murder
B. Manslaughter
C. Aggravated Robbery
D. Murder
A. Capital Murder;
death; or life without parole
An officer responds to a family fight in progress. While exiting the patrol vehicle she is ambushed and shot by the suspect. The officer succumbs to her injuries one week later.
The suspect is placed under arrest and charged with ____.
PC 19.03
A. Intoxication Manslaughter
B. Manslaughter
C. Capital Murder
D. Murder
C. Capital Murder;
death; or life without parole
The officer responds to the report of a motor vehicle accident. Upon arrival, the officer observes the deceased lying on the sidewalk pinned beneath a vehicle. The officer learns from numerous witnesses that the suspect was racing his car up and down the street in a residential neighborhood. The suspect lost control of the vehicle, struck, and killed an elderly gentleman who was walking on the sidewalk.
The suspect was placed under arrest and charged with ________. PC 19.04
A. Manslaughter; F1 B. Manslaughter; F2 C. Murder; F1 D. Murder; F2 E. Capital Murder; life or death
B. Manslaughter;
2nd Degree;
2-20 years, $10,000
An individual keeps a handgun on the nightstand next to his bed for protection. He leaves the room momentarily to answer the door. His five-year-old child is playing in the bedroom and sees the handgun. The child begins to play with the handgun and points it at his little sister. The handgun discharges and kills the child.
The owner of the handgun is charged with _____. PC 19.05.
A. Criminal Negligent Endangerment
B. Manslaughter
C. Injury to a Child, Elderly or Disabled individual
D. Criminal Negligent Homicide
D. Criminally Negligent Homicide;
State Jail Felony;
180 days - 2 years,
$10,000
A man and woman are arguing in their apartment. The woman attempts to pick up the telephone in order to call 911. The man grabs hold of the woman and prevents her from calling the police. She struggles and is able to get away from his grasp. She calls 911 and the officer arrives on scene.
The man can be charged with ___. PC 20.02
A. Interference with Emergency Request CA
B. Unlawful Restraint - F3
C. Unlawful Restraint - CA
D. Interference with Emergency Request - SJF
E. Unlawful Restraint - SJF
C. Unlawful Restraint;
Class A misdemeanor;
up to 1 year, $4000
but, if the woman was actually a child younger than 17 yoa. State Jail Felony;
180 days - 2 years,
$10,000
or, if the woman is exposed to substanial risk of SBI;
3rd Degree Felony;
2-10 yrs, $10,000
or, If the woman was a public service while discharging a public duty;
3rd Degree Felony;
2-10 yrs, $10,000
During the course of a custody battle, the ex-husband takes the former couple’s child in defiance of the court order and flees with the child. A spot broadcast is initiated and the officer locates the ex-husband and child.
The ex-husband is charged with ___. PC 20.03
a. Aggravated Kidnapping - F1
b. Interference with Child Custody - F1
c. Kidnapping - F3
d. Kidnapping - F2
e. Interference with Child Custody - SJF
C. Kidnapping
3rd Degree Felony
2-10 yrs, $10,000
A person commits an offense if he intentionally or knowingly abducts another person.
vs.
Interference with child custody is when: A person commits an offense if the person takes or retains a child younger than 18 years of age:
The officer responds to the call of a robbery in progress at a convenience store. Upon arrival, the officer observes the suspect getting into a vehicle. The suspect sees the officer and runs back inside of the store. The suspect grabs the clerk in a chokehold and holds a knife to the clerk’s throat. The suspect tells the officer to let him go or he is going to kill the clerk.
What offense is being committed and what is the penalty? PC 20.04
Aggravated Kidnapping;
1st Degree Felony;
Life, 5-99 years, $10,000
if the defendant proves by preponderance of evidence, he voluntarily released the victim: 2nd Degree Felony;
2nd Degree;
2-20 years, $10,000
The officer conducts a traffic stop on a local highway for a defective tail lamp. Upon approaching the vehicle, the officer hears screaming and knocking from inside of the trunk. The officer removes the suspect driver and opens the trunk. The officer observes a female and two small children inside of the trunk. The officer learns from the female that she is an illegal alien and has paid the suspect $1,000.00 to smuggle her and her children through the Border Patrol checkpoint, she is on her way to Kansas with her children to work in the fields to pay off the rest of her debt owed for the illegal entry. During an inventory search of the suspect’s vehicle, the officer finds $1,000.00 beneath the driver’s seat. What offense is being committed and what is the penalty? PC 20A.02
Trafficking of Persons
2nd Degree Felony
2-20 years, $10,000
if it was a child under 18, resulted in death, including unborn child.
1st Degree Felony; Life, 5-99 years, $10,000
by coercion, force or fraud causes engagement in: ◉Prostitution ◉Promotion of prostitution ◉Aggravated Promotion of Prostitution ◉Online Promotion of Prostitution ◉Aggravated Promotion or Prositution ◉Compelling Prostitution ◉Received benefit for participation, or engages in sexual conduct w/a person trafficked in the manner
The officer conducts a traffic stop on a local highway for a defective tail lamp. Upon approaching the vehicle, the officer hears screaming and knocking from inside of the trunk. The officer removes the suspect driver and opens the trunk. The officer observes a female and two small children inside of the trunk. The officer learns from the female that she is an illegal alien and has paid the suspect $1,000.00 to smuggle her and her children through the Border Patrol checkpoint. During an inventory search of the suspect’s vehicle, the officer finds $1,000.00 beneath the driver’s seat.
What offense is being committed and what is the penalty? PC 20.05
Smuggling of Persons
child 18 yoa or younger at the time of the offense.
1st Degree Felony;
Life, 5-99 years, $10,000
but, if the person smuggled as direct result became victim of sex. assault, Agg. Sex. Assault or SBI or death.
1st Degree Felony;
Life, 5-99 years, $10,000
or, substantial likelihood that smuggled individual will suffer SBI or death;
2nd Degree Felony;
2-20 years, $10,000
or, Smuggling of person with none of the above enhancements
3rd degree Felony
2-10 yrs, $10,000
What is the offense and charge for the following:
accidentally or mistakenly while intoxicated operates a motor vehicle, aircraft, watercraft or assembles an amusement ride; in a public place, by reason causing SBI which causes a traumatic brain injury that results in a vegitative state; or causes SBI to a firefighter or EMS while discharging their official duties. PC 49.07
Intoxication Assault;
2nd Degree Felony;
2-20 years, $10,000
What is the offense and charge for the following:
accidentally or mistakenly while intoxicated operates a motor vehicle, aircraft, watercraft or assembles an amusement ride; in a public place, by reason causes SBI to a police officer or judge discharging their official duty at the time of the assault.
PC 49.07
Intoxication assault;
1st Degree Felony
Life, 5-99 years, $10,000
What is the offense and charge for the following:
Person commits an offense if the person while intoxicated causes the death of another by accident or mistake by operating a motor vehicle, aircraft, watercraft, or an amusement ride in a public place. PC 49.08
Intoxication manslaughter;
2nd Degree Felony;
2-20 years, $10,000
What is the offense and charge for the following:
accidentally or mistakenly while intoxicated operates a motor vehicle, aircraft, watercraft or assembles an amusement ride; in a public place, by reason causing SBI to another.
PC 49.07
Intoxication assault;
3rd degree Felony
2-10 yrs, $10,000
What is the offense and charge for the following:
causes the death of an individual by criminal negligence.
PC 19.05
Criminal Negligent Homicide;
State Jail Felony;
180 days - 2 years,
$10,000
What is the offense and charge for the following:
Recklessly causes the death of an individual
PC 19.04
Manslaughter -
2nd Degree Felony;
2-20 years, $10,000
person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway may be charged with: _____. PC 49.031
Class C misdemeanor
A person may be arrested for an open container. True or False
False,
This is 1 of 3 offenses that an officer shall issue a citation.
other 2 are
using a electric communication device and Speeding
__________ - consent by a person legally authorized to act for the owner. not consent if:
induced by force, threat or fraud
given by someone actor knows not authorized
given by person who by reason of youth, mental disease, or defect, intoxication that the officer knows is unable to make reasonable decisions
given solely to detect submission of offence
Effective consent -
What are the Elements of an offense?
Elements of an offense:
- forbidden conduct
- required culpability
- Any required results; and
- The negation of any exception to the offense
________ is a conscious objective or desire to engage in the conduct or cause results. 6.03
Intentional
_________ means; aware of the nature of his conduct or that circumstances; aware that conduct is reasonably certain to cause the result. 6.03
Knowingly
_________ substantial risk of death, serious permanent disfigurement or protracted loss or impairment of any bodily organ or member
Serious Bodily Injury
A 13-year-old middle school student is having trouble concentrating and is struggling in her classes. She meets with her school counselor and confides that for the past three months her 30-year-old uncle has been forcing her to have oral sex with him.
What offense is being committed and what is the penalty? PC. 21.02
Continuous Sexual Abuse of Young Child or Children
1st Degree Felony
Life, 25-99 years, $10,000
(has to be more than 30 days and actor over 17 yoa and victim under 14 yoa)
A police officer patrolling a local city park at night observes a vehicle parked. The park is closed to the public at this time. The officer walks over to the vehicle and observes a male and female inside of the vehicle engaged in sexual intercourse.
What offense is being committed and what is the penalty? PC. 21.07.
Public Lewdness
Class A Misdemeanor;
up to 1 year, $4000, or both
The officer is dispatched to a local city park in reference to a subject disturbance. Upon arrival, the officers observe a security guard detaining an individual. The officers learn from the security guard that the suspect, who appears drunk, ran in front of the bleachers, pulled his pants down and exposed his anus to the crowd.
What offense is being committed and what is the penalty?PC. 21.08
Indecent Exposure
Class B Misdemeanor
up to 180 days, $2000 or both
A male teacher hugged a 15-year-old female student and during the course of the hug fondled her breast. The incident was viewed and reported by another teacher.
What offense is being committed? PC. 21.11
a. sexual assault
b. indecency with a child
c. improper relationship with a student and child
d. indecent assault
What is the penalty?
a. F2
b. F3
c. F1
d. SJF
B. Indecency with a Child
2nd Degree Felony
2-20 years, $10,000
(child is younger than 17 yoa touching anus, breast, genitals, including through clothing)
but if actor exposes or causes child to expose anus, genitals
3rd Degree Felony
2-10 yrs, $10,000
A male teacher hugged a 15-year-old female student and during the course of the hug fondled her breast. The incident was viewed and reported by another teacher. The 15-year-old student advised that she has been involved in a romantic relationship with the teacher for the last three months.
What offense is being committed and what is the penalty? PC. 21.12
a. Indecency with a child
b. improper relationship with a student and child
c. Sexual Assault
d. Improper Relationship Between Educator and Student
D. Improper Relationship Between Educator and Student
2nd Degree Felony
2-20 years, $10,000
A 17-year-old high school student goes into the female locker rooms and secretly takes pictures of the girls in the locker room while they are in various stages of undress. The suspect then sends out the photos in a text to his friends.
What offense is being committed and what is the penalty? PC. 21.15
Invasive Visual Recording;
State Jail Felony
180 days - 2 years
$10,000
The officer responds to a domestic disturbance. Upon arrival, the officer observes the female to have bruising to her face and a cut lip. The female advises that her husband punched her in the face during the course of an argument.
What offense is being committed and what is the penalty? PC 22.01
Assault;
2nd Degree Felony
2 - 20 years, $10,000
also if one of the following occurs it is a 2nd Degree felony as well:
assault to a judge/officer on duty;
w/prior conviction of murder, kidnapping, agg.kidnapping, indecendy w/child and cont’ violence against family
or
intentionally or knowingly or recklessly chocked or suffocated
The officer is dispatched to a residence in regards to an unknown problem. The officer meets with the victim and learns that she was on a date with her boyfriend. At the end of the date, the suspect forced himself onto the victim and had anal sex with her, against her will.
What offense is being committed and what is the penalty? PC. 22.011
Sexual Assault
State Jail Felony
180 days - 2 years
$10,000
The officer responds to a domestic disturbance. Upon arrival, the officer observes the female to have bruising to her face and a cut lip. The female advises that her husband punched her in the face during the course of an argument. It was found that not only did the suspect punch the victim in the face, but he also hit her in the face with the butt of a handgun.
What offense is being committed and what is the penalty? 22.02
Aggravated Assault
BI + deadly weapon, 2nd Degree Felony; 2-20 yrs, $10k
Bodily Injury - physical pain, illness, or any impairment of physical condition
Aggravated Assault
SBI + deadly weapon; 1st Degree Felony, life, 5-99 years, $10,000
Serious bodily injury - means bodily injury that creates:
Substantial risk of death, Death, Serious permanent disfigurement or Protracted loss or Impairment of any bodily member or organ
The officer is dispatched to a residence in regards to an unknown problem. The officer meets with the victim and learns that she was on a date with her boyfriend. At the end of the date, the suspect forced himself onto the victim and had anal sex with her, against her will
it was found that the suspect held a knife to the victim and threatened her during the assault.
What offense is being committed and what is the penalty? PC. 22.021
Aggravated Sexual Assault
1st Degree Felony
life, 5-99, $10,000
25 year minimum enhancement if:
- child younger than 6; or
- younger than 14 and causes SBI; or
- attempts to cause death of victim or another in course of same criminal episode
The officer was dispatched to a residence in reference to an assault. Upon arrival, the officer learned from the victim’s family that a caregiver was caring for the victim. When the victim soiled herself, the caregiver struck the victim in the head with a closed fist, causing pain.
What offense is being committed and what is the penalty? PC. 22.04.
Injury to a Child, Elderly or Disabled Person intentionally, or knowingly Causes BI; 3rd Degree felony 2-10 years, $10,000
but if they intentionally or knowingly cause SBI; 1st Degree Felony; life, 5-99, $10,000
The officer learns from a neighbor that a parent has left an infant child alone at home. The officer hears an infant crying and is unable to make contact with anyone in the house. The officer fearing for the child’s safety makes emergency entry into the house and discovers the child in a crib. During the investigation, the parent arrives home and tells the officer that she left the child at home while she ran to the store to get baby formula and that she had only been gone for 15 minutes and did not mean to abandon or neglect her child.
What offense is being committed and what is the penalty? PC 22.041
Abandoning or Endangering a Child
State Jail Felony
180 days - 2 years, $10,000
bc she intended to return
if there was not intent to return; 3rd Degree Felony
2-10 years, $10,000
if there was imminent danger of death, BI, physical or mental impairment; 2nd Degree Felony, 2-20 yrs, $10k
if engaged in conduct placing child 15 yoa or younger in imminent danger of death, BI, physical or mental impairment; State Jail Felony, 180days-2 yrs, $10k
The officer is dispatched to a shots fired call. The officer meets with the victim and learns that he was driving and accidentally cut-off the suspect. The victim observed the suspect following him. The victim drove to his house and ran inside to call 911. The victim once inside observed the suspect pass by the house repeatedly and at one point the suspect pointed a handgun and shot at the victim’s car. The suspect then fled the scene.
What offense is being committed and what is the penalty? PC. 22.05
Deadly Conduct
3rd Degree Felony
2-10 years, $10,000
also could be if actor points at or in the direction of another; whether or not believed to be loaded. 3rd Degree Felony
recklessly engages in conduct placing others in imminent danger/SBI
Class A; up to 1 year, $4000, or both
The officer was dispatched in reference to a neighbor dispute. Upon arrival, the officer learned that the victim’s dog was barking and it upset the suspect. The suspect told the victim that if he didn’t quiet the dog, the suspect was going to go back inside of his house, grab a gun and shoot the victim and dog.
What offense is being committed and what is the penalty? PC. 22.07
Terroristic Threat
Class B Misdemeanor
up to 180 days, $2000, or both
The officer was dispatched to a local hospital. The officer met with a charge nurse and found that after the birth of a child it was discovered that the father of the child is the biological brother of the victim.
What offense is being committed and what is the penalty? PC. 25.02.
Prohibited Sexual Conduct
3rd Degree Felony
2-10 years, $10,000
the following are all F3: current/former stepchild or step/parent; brother/sister; actors brother/sister; son/daughter of aunt/uncle; ...of half or whole blood;
the following is F2:
the actors ancestor or descendant by blood or adoption.
The officer learned that the father has weekend visitation rights with the child and did not return the child by 6:00 p.m. As indicted on the court order.
What offense is being committed and what is the penalty? PC. 25.03.
Interference with Child Custody
State Jail Felony
180 days - 2 years, $10,000
It was found that a 16-year-old female ran away to Las Vegas with her 19-year-old boyfriend.
What offense is being committed and what is the penalty? PC. 25.04.
Enticing a Child
Class B misdemeanor;
up to 180 days, $2000, or both
unless the actor intended to commit a felony against the child;
3rd Degree Felony
2-10 years, $10,000
The officer met the victim and learned that she is divorced from the suspect and he has been refusing to pay the court ordered child support for the past three months. The officer further learned the suspect is employed full-time by Walmart.
What offense is being committed and what is the penalty? PC. 25.05.
Criminal Nonsupport
State Jail Felony,
180 days - 2 years, $10,000
The officer was dispatched to a house fire. The officer learned that the suspect had defaulted on his mortgage and attempted to get out from under the payments by setting the house on fire.
What offense is being committed and what is the penalty? PC.28.02
Arson
2nd Degree Felony
2-20 years, $10,000
The officer met with a homeowner and learned that sometime during the nights the suspect(s) egged her front door causing permanent damage to the paint. PC. 28.03
What offense is being committed?
what is the penalty if damage amount was $100.00?
Criminal Mischief;
Class B misdemeanor;
Up to 180 days, $2000 or both
the penalty follows the General Value Theft schedule PC. 31.03
The officer learned that unknown person(s) spray-painted the victim’s garage door with gang symbols.
What offense is being committed and what is the penalty if the damage is $750.00? PC. 28.08.
Graffiti;
Class A;
Up to 1 year, $4000 or both
The officer was dispatched to a convenience store reference a theft that had just occurred. Upon arrival the officer learned that the suspect entered the store and removed a 12 pack of beer and attempted to leave the without paying. The store clerk attempted to stop the suspect and was pushed to the floor, causing pain.
What offense is being committed and what is the penalty? PC. 29.02.
Robbery
2nd Degree Felony;
2-20 years, $10,000
- causes BI or
- threatens or places fear of imminent BI or death.
The officer was dispatched to a convenience store reference a theft that had just occurred. Upon arrival the officer learned that the suspect entered the store and removed a 12 pack of beer and attempted to leave the without paying. The store clerk attempted to stop the suspect and was pushed to the floor, causing pain. It was learned that the victim suffered a broken arm when he fell to the floor.
What offense is being committed and what is the penalty? PC. 29.03.
Aggravated Robbery
1st Degree Felony
life, 5-99, $10,000
- causes SBI
- uses or exhibits deadly weapon
- causes BI or threatens or places another in fear of imminent BI or death if the person is:
A. 65+ years old
B. disabled person
While the victim was away on vacation unknown person(s) entered her house by breaking a kitchen window. The person(s) then took a television and gaming system without the permission of the victim. What offense is being committed and what is the penalty? PC. 30.02.
Burglary
2nd Degree Felony
2-20 years, $10,000
