Penal Code - Test 1

Question 1

PC Sec. 1.04. TERRITORIAL JURISDICTION

(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 1

(1) either the conduct or a result that is EEO occurs inside this state;
(2) …outside this state constitutes an attempt to commit an offense inside this state;
(3) …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) …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.
(b) If the offense is criminal homicide, a “result” is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred.
(c) An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense.
(d) This state includes the land and water and the air space above the land and water over which this state has power to define offenses.

Question 2

PC Sec. 1.05. CONSTRUCTION OF CODE.
(a) The rule that a penal statute is to be strictly construed does not apply to this code. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code.

Answer 2

Spirit of the Law

Question 3

PC Sec. 1.06. COMPUTATION OF AGE.
A person attains a specified age on the day of the anniversary of his ________.

Answer 3

birthdate

Note: ages are very important!

Question 4

PC Exam 1 Question

PC Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT.
All persons are presumed to be ________ 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 _______ at his trial.

Answer 4

innocent

guilt

Beyond Reasonable Doubt (BRD): 100% moral certainty

https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1000&context=fss_papers

Question 5

PC Exam 1 Question

PC Sec. 2.02. EXCEPTION.

(b) The prosecuting attorney must negate the existence of an __________ 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.

Answer 5

exception

Exceptions affect arrest authority

Question 6

PC Sec. 2.04. AFFIRMATIVE DEFENSE.

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

Answer 6

preponderance of evidence

https://www.law.cornell.edu/wex/preponderance_of_the_evidence

Question 7

BRD vs POE

Answer 7

Beyond a Reasonable Doubt

• 100% moral certainty
• standard in criminal cases
• burden of proof is on prosecution (state)

Preponderance Of The Evidence

• 51% moral certainty
• standard in civil cases
• burden of proof is on plaintiff (individual)

Question 8

PC Exam 1 Question

PC Sec. 3.01. MULTIPLE PROSECUTIONS DEFINITION

In this chapter, “criminal episode” means the commission of ________ 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…. or two or more transactions that are connected or constitute a _______ scheme or plan; or
(2) the offenses are the repeated commission of the same or similar offenses.

Answer 8

two or more

common

Question 9

PC Sec. 3.02. CONSOLIDATION AND JOINDER OF PROSECUTIONS

(a) A defendant may be prosecuted in a single criminal action for ____ offenses arising out of the ______ criminal episode.

Answer 9

all

same

Useful for property crimes because it’s based on the $ of the property. Consolidated charges = higher amount = charges for a higher offense

Question 10

PC Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE

(a) When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall… except Subsection (b)… the sentences shall run _________.

Answer 10

concurrently

All sentencing runs at the same time. If a defendant is sentences to 5, 10, 15 years for 3 crimes, he’ll serve 15 years only

Question 11

Concurrently vs Consecutively

Answer 11

Concurrently

All sentencing runs at the same time. If a defendant is sentences to 5, 10, 15 years for 3 crimes, he’ll serve 15 years.

Consecutively

All sentencing runs one after another. If a defendant is sentences to 5, 10, 15 years for 3 crimes, he’ll serve 30 years (5+10+15)

Question 12

PC Sec. 3.04. SEVERANCE

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

Answer 12

severance

Question 13

PC Exam 1 Question

PC Sec. 6.01. REQUIREMENT OF VOLUNTARY ACT OR OMISSION.

(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 _________ the thing possessed or is aware of his control of the thing for a sufficient time to permit him to _________ his control.

Answer 13

obtains or receives

terminate

Question 14

PC Exam 1 Question

PC Sec. 6.02. REQUIREMENT OF CULPABILITY.

(d) Culpable mental states are classified according to relative degrees, from ________:

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 (proof of higher = proof of lower)

Answer 14

highest to lowest

Question 15

PC Exam 1 Question

PC Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES.

(a) A person acts intentionally… when it is his __________objective or desire to engage in the conduct or cause the result.
(b) A person acts knowingly… when he is __________of the nature of his conduct or that the circumstances exist.
(c) A person acts recklessly (step above accident).. when he is _________a substantial and unjustifiable risk (gross deviation from the standard of care)that the circumstances exist or the result will occur.
(d) A person acts with criminal negligence… when he _________of a substantial and unjustifiable risk (gross deviation from the standard of care) that the circumstances exist or the result will occur.

Answer 15

a) conscious

b) aware

c) aware of but consciously disregards

d) ought to be aware

TCOLE and other exams. Recognize by examples/scenarios

Question 16

PC Sec. 6.04. CAUSATION: CONDUCT AND RESULTS.
(a) 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.

Answer 16

criminally responsible

Question 17

PC Exam 1 Question

PC Sec. 7.01. PARTIES TO OFFENSES.

(b) _____ party to an offense may be charged with commission of the offense.
(c) All traditional distinctions between accomplices and principals are ________….

Answer 17

Each

abolished

E.g. A gunman robs a bank. Both the gunman and the get-away driver will be charged for the same offense.

Question 18

PC Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.
(a) 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 (provide an example)
(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; (provide an example)
(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. (provide an example)

Answer 18

1. Being coerced to rob a bank.
2. Parents teach kids to shoplift.
3. Cashier allows (looks another way) a “friend” to steal from the register.

Question 19

PC Exam 1 Question

PC CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY

List 6 defenses

Answer 19

Sec. 8.01. INSANITY
Sec. 8.02. MISTAKE OF FACT
Sec. 8.03. MISTAKE OF LAW
Sec. 8.04. INTOXICATION
Sec. 8.05. DURESS
Sec. 8.06. ENTRAPMENT

Question 20

PC Sec. 8.01. INSANITY
(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.

*provide an example of successful insanity defense

Answer 20

Postpartum Psychosis

https://www.postpartum.net/learn-more/postpartum-psychosis/

Proof of instanity requires a combination of medical, lega, and social considerations.

2001 - Andrea Yates in Houston

2004 - Schlosser in Plano

2009 - Sanchez in San Antonio

Question 21

PC Sec. 8.02. MISTAKE OF FACT.
(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact (belief negates culpability) if his mistaken belief _______the kind of culpability required for commission of the offense.

(b) …he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

Answer 21

negated

Example: a bartender serves alcohol to a minor with a “authentic/valid” ID.

Question 22

PC Sec. 8.03. MISTAKE OF LAW.
(a) It is ________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… an official statement or a written interpretation…
(c) …he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.

Answer 22

no defense

Example: drinking age change.

Question 23

PC Sec. 8.04. INTOXICATION
(a) Voluntary intoxication does ____ constitute a defense…

(b) Evidence of temporary insanity caused by intoxication _____ be introduced by the actor in mitigation of the penalty…
(d) For purposes of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of ____substance into the body.

Answer 23

not

may

any

Any substance: alcohol (most common), OTC, even excess H₂O

Question 24

PC Sec. 8.05. DURESS
(a) It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by _____ of imminent death or serious bodily injury to himself or another.

(b) …by force or threat of force.
(c) Compulsion exists only if… would render a person of _________ incapable of resisting the pressure.
(d) No defense… if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion (provide example)
(e) It is no defense that a person acted at the command or persuasion of his _______…

Answer 24

a) threat

c) reasonable firmness

d) a gang member decides to pull out of the gang

e) spouse

Question 25

PC Sec. 8.06. ENTRAPMENT
(a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a _____________ using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense ______ constitute entrapment (e.g. bait cars)

(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.

Answer 25

law enforcement agent

does not

Sec. 8.06 is easy to rememer because it’s the only one in PC involving LEA.

There is a difference between entrapment and creating LE!

No entrapment defense to prostitution

Question 26

PC Exam 1 Question

PC Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY
(a) A person may not be prosecuted for or convicted of any offense that the person committed when ______ years of age except:

(1) perjury and aggravated perjury
(3) a violation of a motor vehicle traffic ordinance
(4) a misdemeanor punishable by fine only;
(6) a capital felony, an agg CS 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 _________ or
(c) No person may, in any case, be punished by death for an offense committed while the person was __________.

Answer 26

(a) younger than 15

(a) (6) 14 years of age or older

(c) younger than 18 years

Remember the 4 offenses for 15 yr old!

Question 27

PC Exam 1 Question

PC Sec. 12.03. CLASSIFICATION OF MISDEMEANORS.
(a) Misdemeanors are classified according to the relative seriousness of the offense into ______ categories:

(1) Class ____ misdemeanors;
(2) Class ____misdemeanors;
(3) Class ____ misdemeanors.
(b) An offense designated a misdemeanor in this code without specification as to punishment or category is a Class ____misdemeanor (lowest).

Answer 27

three

(a) A, B, C

(b) C

Question 28

PC Exam 1 Question

PC Sec. 12.04. CLASSIFICATION OF FELONIES.
(a) Felonies are classified… relative seriousness into _____ categories:

(1) ______ felonies;
(2) felonies of the ______ degree;
(3) felonies of the ______ degree;
(4) felonies of the ______ degree; and
(5) ______ felonies.

(b) An offense designated a felony in this code without specification as to category is a _______ (lowest).

Answer 28

five

(a) capital, first, second, third, state jail

(b) state jail felony

Question 29

PC Exam 1 Question

PC Sec. 12.21. CLASS A MISDEMEANOR

An individual adjudged guilty of a Class A misdemeanor shall be punished by:

(1) a fine not to exceed ______;
(2) confinement in jail for a term not to exceed ______; or
(3) _____ such fine and confinement.

Answer 29

Class A

$4,000 / one year

or both

Question 30

PC Exam 1 Question

PC Sec. 12.22. CLASS B MISDEMEANOR

An individual adjudged guilty of a Class B misdemeanor shall be punished by:

(1) a fine not to exceed ________
(2) confinement in jail for a term not to exceed ____ days; or
(3) both such fine and confinement.

Answer 30

Class B (half of Class A)

$2,000 / 180 days (1/2 year)

or both

Question 31

PC Exam 1 Question

PC Sec. 12.23. CLASS C MISDEMEANOR
An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed _______.

Answer 31

Class C (fine only)

$500

Question 32

PC Exam 1 Question

PC Sec. 12.31. CAPITAL FELONY

(a) 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 __________ or __________.

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) ____, if the individual committed the offense when younger than _____ years of age (in TX, parole eligibility is 40 years) ; or
(2) _________ if the individual committed the offense when _________.

Answer 32

(a) life without parole or death

(a)(1) life… 18 years

(a)(2) life without parole… 18 years of age or older

Question 33

PC Exam 1 Question

PC Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT
(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 ____ years or less than ____ 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_______.

Answer 33

1st degree

not more than 99 years or less than 5 years

(5-99) + $10,000

Question 34

PC Exam 1 Question

PC Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT
(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 _____ years or less than _____ 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 _____.

Answer 34

2nd degree

not more than 20 years or less than 2 years

(2-20) + $10,000

Question 35

PC Exam 1 Question

PC Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT
(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 ____ years or less than ____ 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 ____.

Answer 35

3rd degree

not more than 10 years or less than 2 years

(2-10) + $10,000

Question 36

PC Exam 1 Question

PC Sec. 12.35. STATE JAIL FELONY PUNISHMENT

(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 _____ years or less than ____ days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed _____.

Answer 36

State Jail Felony

not more than 2 years or less than 180 days (1/2 year)

(1/2-2) + $10,000

Question 37

PC Exam 1 Question

PC CHAPTER 12. PUNISHMENTS - SUMMARY

List all 8 categories and the corresponding punishments

Answer 37

MISDEMEANORS (3)

1. Class A misdemeanors ($4,000 / 1 year; or both)
2. Class B misdemeanors ($2,000 / 1/2 year [180 days]); or both)
3. Class C misdemeanors (fine only up to $500)

FELONIES

1. Capital (death, life, life without parole; also consider age of 18)
2. First degree (5-99 yrs + $10,000)
3. Second degree (2-20 yrs+ $10,000)
4. Third degree (2-10 yrs + $10,000)
5. State Jail (1/2-2 yrs + $10,000)

Question 38

PC Exam 1 Question

PC Sec. 12.50. PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR EVACUATED AREA
(a) …the punishment is increased to the punishment prescribed for the next ______category of offense if… at the time of the offense:

(1) subject to a declaration of a state of disaster made by: the U.S. president, governor, or presiding officer…of a political subdivision (e.g. mayor; i.e. mayor of NY after 911)
(2) subject to an emergency ___________order.
(b) The increase in punishment authorized by this section applies _____ to an offense under: Section 22.01 Assault, Section 29.02 Robbery, Section 30.02 Burglary, Section 31.03 Theft
(d) It is a defense to a charge under Subsection (b)(4) that the conduct in question meets the elements of _______ outlined in Section 9.22.

Answer 38

(a) higher

(a)(2) evacuation

(2)(b) only

(2)(d) necessity (e.g. food, water; no consumer products)

Question 39

PC Exam 1 Question

PC Sec. 15.01. CRIMINAL ATTEMPT

(a) A person commits an offense if, with ______ _______ to commit an offense, he does an act amounting to more than mere preparation that tends but ______ to effect the commission of the offense intended.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.

Answer 39

specific intent

fails

Attempt is built-in; e.g. burglary with intent to commit an assault

Question 40

PC Exam 1 Question

PC Sec. 15.02. CRIMINAL CONSPIRACY

(a) A person commits criminal conspiracy if, with intent that a _____ (not misdemeanor) be committed:
(1) he agrees with _________ 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 _______ act in pursuance of the agreement.

Answer 40

felony

one or more

overt

Criminal conspiracy can stand on its own

Question 41

PC Exam 1 Question

PC Sec. 15.03. CRIMINAL SOLICITATION

(a) A person commits an offense if, with intent that a ______ felony or felony of the _____ degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that… would constitute the felony or make the other a party to its commission.
(b) A person may not be convicted under this section on the _________testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor’s intent that the other person act on the solicitation.

Answer 41

capital

first

uncorroborated

The allegations have to be corroborated (confirmed) by evidence.

Example: killer/kidnapper for hire, Craigslist ads