Penal Code Review

Question 1

What is Sec. 1.02 of the Penal Code?

Answer 1

Objectives of Code

Question 2

The general purposes of this code are

Answer 2

to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.

Question 3

What is Sec. 1.03 of the Penal Code?

Answer 3

Effect of Code

Question 4

What is Sec. 1.04 of the Penal Code?

Answer 4

Territorial Jurisdiction

Question 5

Sec. 1.04 (a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:

Answer 5

(1) either the conduct or a result that is an element of the offense occurs inside this state;

(2) the conduct outside this state constitutes an attempt to commit an offense inside this state;

(3) the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state;  or

(4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.

Question 6

What is Sec. 1.06 of the Penal Code?

Answer 6

Computation of Age

Question 7

What is Computation of Age?

Answer 7

A person attains a specified age on the day of the anniversary of his birthdate.

Question 8

What is Sec. 1.07 of the Penal Code?

Answer 8

Definitions

Question 9

What is Sec. 2.01 of the Penal Code?

Answer 9

Proof beyond a reasonable doubt

Question 10

What is proof beyond a reasonable doubt?

Answer 10

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

Question 11

What is Sec. 2.02 of the Penal Code?

Answer 11

Exception

Question 12

Define Exception according to the Penal Code

Answer 12

(a) An exception to an offense in this code is so labeled by the phrase:  “It is an exception to the application of . . . .”

(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant’s conduct does not fall within the exception.

(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.

Question 13

What is Sec. 2.03 of the Penal Code?

Answer 13

Defense

Question 14

Define Defense according to the Penal Code

Answer 14

(a) A defense to prosecution for an offense in this code is so labeled by the phrase:  “It is a defense to prosecution . . . .”

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

(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.

(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.

Question 15

What is Sec. 2.04 of the Penal Code?

Answer 15

Affirmative Defense

Question 16

Define Affirmative Defense according to the Penal Code

Answer 16

(a) An affirmative defense in this code is so labeled by the phrase:  “It is an affirmative defense to prosecution . . . .”

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

(c) The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.

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

Question 17

What is Sec. 6.01 of the Penal Code?

Answer 17

Requirement of Voluntary Act or Omission

Question 18

What is the Requirement of Voluntary Act or Omission?

Answer 18

(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.

(b) Possession is a voluntary 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.

(c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.

Question 19

What is Sec. 6.02 of the Penal Code?

Answer 19

Requirement of Culpability

(a) Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.

(b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element.

(c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility.

(d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:

(1) intentional;

(2) knowing;

(3) reckless;

(4) criminal negligence.

(e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.

(f) An offense defined by municipal ordinance or by order of a county commissioners court may not dispense with the requirement of a culpable mental state if the offense is punishable by a fine exceeding the amount authorized by Section 12.23.

Question 20

Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:

Answer 20

(1) intentional;

(2) knowing;

(3) reckless;

(4) criminal negligence.

Question 21

What is Sec. 6.03 of the Penal Code?

Answer 21

Definitions of Culpable Mental States

Intentionally

Knowingly

Recklessly

Criminal Negligence

Question 22

Intentionally

Answer 22

 A person acts intentionally, or with intent, 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.

Question 23

Knowingly

Answer 23

 A person acts knowingly, or with knowledge, 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 knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

Question 24

Recklessly

Answer 24

 A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard 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.

Question 25

Criminal Negligence

Answer 25

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such 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.

Question 26

What is Sec. 6.04 of the Penal Code?

Answer 26

Causation:  Conduct and Results

Question 27

Define Causation: Conduct and Results

Answer 27

(a) A person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient. (b) A person is nevertheless criminally responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated, or risked is that: (1) a different offense was committed;  or (2) a different person or property was injured, harmed, or otherwise affected

Question 28

When is a person criminally responsible?

Answer 28

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.

Question 29

What is Sec. 31.03 of the Penal Code?

Answer 29

Theft

Question 30

What is the aggregate amount for a Class C misdemeanor?

Answer 30

if the value of the property stolen is less than $100

Question 31

What is the aggregate amount for a Class B misdemeanor?

Answer 31

(A) If the value of the property stolen is $100 or more but less than $750; (B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft;  or (C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state;

Question 32

What is the aggregate amount for a Class A misdemeanor?

Answer 32

If the value of the property stolen is $750 or more but less than $2,500;

Question 33

What is the aggregate amount for a state jail felony?

Answer 33

if: (A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker; (C) the property stolen is a firearm, as defined by Section 46.01; (D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; (E) the property stolen is an official ballot or official carrier envelope for an election;  or (F) the value of the property stolen is less than $20,000 and the property stolen is: (i) aluminum; (ii) bronze; (iii) copper;  or (iv) brass;

Question 34

What is the aggregate amount for a felony of the third degree?

Answer 34

if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: (A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000;  or (C) a controlled substance, having a value of less than $150,000, if stolen from: (i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse;  or (ii) a vehicle owned or operated by a wholesale distributor of prescription drugs;

Question 35

What is the aggregate amount for a felony of the second degree?

Answer 35

if: (A) the value of the property stolen is $150,000 or more but less than $300,000;  or (B) the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine

Question 36

What is the aggregate for a felony on the first degree?

Answer 36

if the value of the property stolen is $300,000 or more.

Question 37

Texas Penal Code Sec. 3.01 Definition

Answer 37

In this chapter, “criminal episode” 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, under the following circumstances: (1) the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan;  or (2) the offenses are the repeated commission of the same or similar offenses.

Question 38

What is Sec. 3.02 of the Penal Code?

Answer 38

CONSOLIDATION AND JOINDER OF PROSECUTIONS

Question 39

Consolidation and Joinder of Prosecutions

Answer 39

(a) A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode. (b) When a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court, the state shall file written notice of the action not less than 30 days prior to the trial. (c) If a judgment of guilt is reversed, set aside, or vacated, and a new trial ordered, the state may not prosecute in a single criminal action in the new trial any offense not joined in the former prosecution unless evidence to establish probable guilt for that offense was not known to the appropriate prosecuting official at the time the first prosecution commenced.

Question 40

What is Sec. 3.03 of the Penal Code?

Answer 40

SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE

Question 41

What is Sec. 3.04 of the Penal Code?

Answer 41

Severance

Question 42

When does the defendant shall have a right to a severance of the offenses?

Answer 42

Whenever two or more offenses have been consolidated or joined for trial under Section 3.02, the defendant shall have a right to a severance of the offenses.

Question 43

What is Sec. 7.01 of the Penal Code?

Answer 43

Parties to Offenses

Question 44

When is a person criminally responsible as a party to an offense?

Answer 44

(a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both. (b) Each party to an offense may be charged with commission of the offense. (c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.

Question 45

What is Sec. 7.02 of the Penal Code?

Answer 45

CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.

Question 46

When is a person criminally responsible for an offense committed by the conduct of another?

Answer 46

A person is criminally responsible for an offense committed by the conduct of another if: (1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense; (2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense. b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy. In this subsection, "conspiracy" means an agreement between two or more persons to commit a felony.

Question 47

What is Sec.7.03 of the Penal Code?

Answer 47

DEFENSES EXCLUDED

Question 48

What is Sec. 8.01 of the Penal Code?

Answer 48

INSANITY.

Question 49

Definition of Sec. 8.01 Insanity.

Answer 49

(a) 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. (b) The term "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

Question 50

What is Sec. 8.02 of the Penal Code?

Answer 50

Mistake of Fact

Question 51

What is Mistake of Fact?

Answer 51

(a) 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. (b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

Question 52

What is Sec. 8.03 of the Penal Code?

Answer 52

Mistake of Law

Question 53

What is Mistake of Law?

Answer 53

(a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect. (b) It is an affirmative defense to prosecution that the actor reasonably 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 grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or (2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question. (c) Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.

Question 54

What is Sec. 8.04 of the Penal Code?

Answer 54

Intoxication

Question 55

Does voluntary intoxication constitute a defense to criminal responsibility?

Answer 55

(a) Voluntary intoxication does not constitute a defense to the commission of crime. (b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried. (c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section. (d) For purposes of this section "intoxication" means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

Question 56

What is Sec. 8.05 of the Penal Code?

Answer 56

Duress

Question 57

Duress

Answer 57

(a) 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. (b) In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force. (c) Compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure. (d) The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion. (e) It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.

Question 58

What is Sec. 8.06 of the Penal Code?

Answer 58

ENTRAPMENT.

Question 59

Entrapment

Answer 59

(a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. (b) In this section "law enforcement agent" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.

Question 60

What is Sec. 8.07 of the Penal Code?

Answer 60

AGE AFFECTING CRIMINAL RESPONSIBILITY

Question 61

When does a person may not be prosecuted for or convicted of any offense?

Answer 61

A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except: (1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath; (2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail; (3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state; (4) a misdemeanor punishable by fine only; (5) a violation of a penal ordinance of a political subdivision; (6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older;

Question 62

What is Sec. 12.02 of the Penal Code?

Answer 62

CLASSIFICATION OF OFFENSES. Offenses are designated as felonies or misdemeanors.

Question 63

What is Sec. 12.03 of the Penal Code?

Answer 63

CLASSIFICATION OF MISDEMEANORS.

Question 64

How are Misdemeanors classify?

Answer 64

(a) Misdemeanors are classified according to the relative seriousness of the offense into three categories: (1) Class A misdemeanors; (2) Class B misdemeanors; (3) Class C misdemeanors. (b) An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor. (c) Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.

Question 65

What is Sec. 12.04 of the Penal Code?

Answer 65

CLASSIFICATION OF FELONIES.

Question 66

How are Felonies classify?

Answer 66

(a) Felonies are classified according to the relative seriousness of the offense into five categories: (1) capital felonies; (2) felonies of the first degree; (3) felonies of the second degree; (4) felonies of the third degree; and (5) state jail felonies. (b) An offense designated a felony in this code without specification as to category is a state jail felony.

Question 67

According to Sec. 12.21 of the Penal Code, an individual adjudged guilty of a Class A misdemeanor shall be punished by

Answer 67

(1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement.

Question 68

According to Sec. 12.22 of the Penal Code, an individual adjudged guilty of a Class B misdemeanor shall be punished by

Answer 68

(1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement.

Question 69

According to Sec.12.23 of the Penal Code, an individual adjudged guilty of a Class C misdemeanor shall be punished by

Answer 69

a fine not to exceed $500.

Question 70

What is Sec. 12.31 of the Penal Code?

Answer 70

CAPITAL FELONY

Question 71

What does constitute a Capital Felony punishment?

Answer 71

An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for: (1) life, if the individual committed the offense when younger than 18 years of age; or (2) life without parole, if the individual committed the offense when 18 years of age or older. (b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that: (1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or (2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.

Question 72

What is Sec. 12.32 of the Penal Code?

Answer 72

FIRST DEGREE FELONY PUNISHMENT

Question 73

What does constitute a FIRST DEGREE FELONY PUNISHMENT?

Answer 73

(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

Question 74

What is Sec. 12.33 of the Penal Code?

Answer 74

SECOND DEGREE FELONY PUNISHMENT.

Question 75

What does constitute a SECOND DEGREE FELONY PUNISHMENT?

Answer 75

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

Question 76

What is Sec. 12.34 of the Penal Code?

Answer 76

THIRD DEGREE FELONY PUNISHMENT.

Question 77

What does constitute a THIRD DEGREE FELONY PUNISHMENT?

Answer 77

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. (b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

Question 78

What is Sec. 12.35 of the Penal Code?

Answer 78

STATE JAIL FELONY PUNISHMENT.

Question 79

What does constitute the STATE JAIL FELONY PUNISHMENT?

Answer 79

(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days. (b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000. (c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that: (1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or (2) the individual has previously been finally convicted of any felony: (A) under Section 21.02 or listed in Article 42A.054(a), Code of Criminal Procedure; or (B) for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.

Question 80

What is Sec. 12.42 of the Penal Code?

Answer 80

PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY.

Question 81

What is Sec. 12. 425 of the Penal Code?

Answer 81

PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR STATE JAIL FELONY.

Question 82

What is Sec. 12.43 of the Penal Code?

Answer 82

PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS.

Question 83

If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:

Answer 83

(1) a fine not to exceed $4,000; (2) confinement in jail for any term of not more than one year or less than 90 days; or (3) both such fine and confinement.

Question 84

If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:

Answer 84

(1) a fine not to exceed $2,000; (2) confinement in jail for any term of not more than 180 days or less than 30 days; or (3) both such fine and confinement.

Question 85

(c) If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01 or 49.02 that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by:

Answer 85

(1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement.

Question 86

What is Sec. 12.44 of the Penal Code?

Answer 86

REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT.

Question 87

What is Sec. 12.45 of the Penal Code?

Answer 87

ADMISSION OF UNADJUDICATED OFFENSE.

Question 88

What is Sec. 12.46 of the Penal Code?

Answer 88

USE OF PRIOR CONVICTIONS.

Question 89

What is Sec. 12.47 of the Penal Code?

Answer 89

PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR PREJUDICE.

Question 90

What is Sec. 12.48 of the Penal Code?

Answer 90

CERTAIN OFFENSES RESULTING IN LOSS TO NURSING AND CONVALESCENT HOMES

Question 91

What is Sec. 12.49 of the Penal Code?

Answer 91

PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.

Question 92

What is Sec. 12.50 of the Penal Code?

Answer 92

PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR EVACUATED AREA.

Question 93

What is Sec. 12.501 of the Penal Code?

Answer 93

PENALTY FOR CERTAIN OFFENSES COMMITTED IN RETALIATION FOR OR ON ACCOUNT OF PERSON'S SERVICE OR STATUS AS PUBLIC SERVANT.

Question 94

What is Sec. 15.01 of the Penal Code?

Answer 94

CRIMINAL ATTEMPT

Question 95

A person commits the offense of "Criminal Attempt" if

Answer 95

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.

Question 96

What is Sec. 15.02 of the Penal Code?

Answer 96

CRIMINAL CONSPIRACY

Question 97

A person commits criminal conspiracy if

Answer 97

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. An agreement constituting a conspiracy may be inferred from acts of the parties.

Question 98

What is Sec. 15.03 of the Penal Code?

Answer 98

CRIMINAL SOLICITATION

Question 99

A person commits the offense of "Criminal Solicitation" if

Answer 99

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.

Question 100

What is Sec. 15.031 of the Penal Code?

Answer 100

CRIMINAL SOLICITATION OF A MINOR

Question 101

A person commits the offense of "Criminal Solicitation of a Minor" if

Answer 101

with intent that an offense listed by Article 42A.054(a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense listed by Article 42A.054(a) or make the minor a party to the commission of an offense listed by Article 42A.054(a).

Question 102

What is Sec. 15.032 of the Penal Code?

Answer 102

Child Grooming

Question 103

What is Sec. 15.04 of the Penal Code?

Answer 103

RENUNCIATION DEFENSE.

Question 104

What is Sec. 15.05 of the Penal Code?

Answer 104

NO OFFENSE. Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is not an offense

Question 105

What is Sec. 19.01 of the Penal Code?

Answer 105

TYPES OF CRIMINAL HOMICIDE

Question 106

A person commits criminal homicide if

Answer 106

he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.

Question 107

What is Sec. 19.02 of the Penal Code?

Answer 107

Murder

Question 108

A person commits the offense of "murder" if

Answer 108

(1) intentionally or knowingly causes the death of an individual; (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; (3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual; or (4) knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual's body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.

Question 109

What "Adequate cause" means?

Answer 109

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.

Question 110

What "Sudden passion" means?

Answer 110

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

Question 111

What is Sec. 19.02 of the Penal Code?

Answer 111

CAPITAL MURDER