Penal Code - Test 3 (incl. Value Ladder)

Question 1

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Class C misdemeanor

Answer 1

> $100

(A) the amount of pecuniary loss is less than $100; or

(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;

Question 2

For purposes of theft of service an actor failed to make payment under service agreement within ___________ after receiving notice demanding payment.

Answer 2

10 days

Question 3

means:

(A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true;

DEF?

Answer 3

Deception”

Question 4

PC Quiz 2 Question - Value Ladder

PC Sec. 31.03. THEFT

Punishments - Value Ladder

Answer 4

Class C: > $100

Class B if:

• $100 > $750;
• State-issued DL, commercial DL, personal ID certificate
• > $100 + conviction (any grade of theft) (MISDEMEANOR ENHANCEMENT)

Class A: $750 > $2,500

State Jail Felony if:

• $2,500 > $30,000 or
• >$2,500 and 2+ convict any grade of theft (FELONY ENHANCEMENT)
• > $20,000 and the property stolen is aluminum, bronze, copper, brass
• > $30,000 for >10 head of sheep, swine, or goats or any part;
• regardless of $
  
  • theft of person, human corpse, grave, military grave marker;
  • stolen firearm;
  • official ballot or official carrier envelope for an election

Third Degree Felony:

$30,000 > $150,000 or

> $150,000 for:

• cattle, horses, or exotic livestock, fowl, single transaction;
• < 10 head of sheep, swine, or goats; single transaction
• CS stolen from pharmacy, clinic, hospital, nursing facility, or warehouse; or vehicle owned/operated by a wholesale R_x distributor.

Second Degree Felony:

• $150,000 > $300,000 or
• > $300,000 and ATM (or content, components)

First Degree Felony: $300,000 +

Î to the next higher category of offense if:

• public servant
• in a gov contract
• Medicare provide with Fed gov contract
• the owner was elderly or nonprofit;
• fire alarm ([de]activate)
• used a shielding or deactivation instrument against retail theft detector.

Question 5

the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses

Answer 5

3rd degree felony

Question 6

Real property that is undeveloped for the purpose of human habitation

Answer 6

Open Space land 28.01

Question 7

means

1) real property 2) tangible or intangible personal property, including anything severed from land 3) a document, including money, that represents or embodies anything of value.

Answer 7

Property”

Question 8

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Class A misdemeanor

Answer 8

$750 > $2,500

Public H2O (regardless of $ loss)

(A) the amount of pecuniary loss is $750 or more but less than $2,500; or

(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss

Question 9

the amount of the pecuniary loss is $30,000 or more but less than $150,000

Answer 9

3rd degree felony

Question 10

(a) A person commits an offense if the person:

possesses, sells, or offers for sale tangible personal property and:

(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or

(B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.

Answer 10

TAMPERING WITH IDENTIFICATION NUMBERS.

Question 11

A person commits an offense if, without the effective consent of the owner: he intentionally or knowingly damages or destroys the tangible property of the owner; tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner

Answer 11

Criminal Mischief

Question 12

A person commits an offense if, with intent to defraud or harm another:

he possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or

Answer 12

Criminal Simulation

Question 13

less than $30,000 and the actor: (i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service; or (ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;

Answer 13

State jail felony

Question 14

Commits an offense if:
Without effective consent of the owner:
• Enters or remains on railroad property knowing that it is railroad property
• Tampers with railroad property
• Places an obstruction on a railroad track or right of way, or

Answer 14

o 28.07 Interference with Railroad Property:

Question 15

(a) A person commits an offense if the person:
(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; DEF?

Answer 15

TAMPERING WITH IDENTIFICATION NUMBERS.

Question 16

An offense under PC 28.02, Arson, is a felony of the ____ degree, unless bodily injury or _____ is suffered by any person by reason of the offense, in which event, it is a felony of the _____ degree.

A: first; death; third

B: first; serious bodily injury; second

C: second; death; first

D: second; serious bodily injury; first

Answer 16

C: second; death; first

Question 17

less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon

Answer 17

State jail felony

Question 18

A person commits an offense if he commits robbery as defined in Section 29.02, and he: DEF?

(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)_____or older; or

(B) a disabled person.

(b) An offense under this section is a felony of the____

Answer 18

AGGRAVATED ROBBERY.

65 years of age;

first degree.

Question 19

means a mark that is identical to or substantially indistinguishable from a protected mark the use or production of which is not authorized by the owner of the protected mark.

Answer 19

“Counterfeit mark”

Question 20

PC Quiz 2 Question - Value Ladder

Sec. 28.08. GRAFFITI

Punishments - Value Ladder

Answer 20

Class C: > $100

Class B: $100 > $750

Class A: $750 > $2,500

State Jail: $2,500 > $30,000
State Jail: $750 > $30,000 (school, higher edu inst., worship or human burial, public monument, community center [med, soc, edu programs])

Third Degree: $30,000 > $150,000

Second Degree: $150,000 > $300,000

First Degree: $300,000 +

Question 21

A person causes an explosion with the intent to damage a vehicle to collect insurance money. Which offense has been committed? Reckless Conduct,

Criminal Mischief,

Terroristic threat,

Arson

Answer 21

Arson

Question 22

A person intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person

Answer 22

CRIMINAL MISCHIEF.

Question 23

if the amount of pecuniary loss is $150,000 or more but less than $300,000

Answer 23

a felony of the second degree

Question 24

Placement of purple paint markers on trees or posts on a property not less than _________ in length and not less than _________ in width.

Answer 24

8 inches, 1 inch

Question 25

“Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons and includes: (A) each separately secured or ______ of the structure or vehicle; and (B) each structure _______ to or connected with the structure or vehicle.

Answer 25

occupied portion; appurtenant

Question 26

For the purpose of theft of service actor fails to return the property held under a rental agreement within _________ after receiving notice demanding return, and less than 2500

Answer 26

5 days

Question 27

A person commits an offense if, with intent to defraud or harm another:

(1) 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;

Answer 27

Criminal simulation

Question 28

A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

(1) ?
(2) ?

Answer 28

(1) Any vegetation, fence, or structure on open space land (2) Any building, habitation, or vehicle

Question 29

f the amount of pecuniary loss is $300,000 or more

Answer 29

1st degree felony

Question 30

” means:

(A) 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;

Answer 30

“Deprive

Question 31

• Move, alter, or interfere with railroad property.

Answer 31

Tamper:

Question 32

Appropriation of property is unlawful if:

(1) it is without the owner’s _____;
(2) the property is stolen and the actor _______the property knowing it was stolen by another; or
(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property_______ it was stolen by another.

Answer 32

1. effective consent
2. appropriates
3. believing

Question 33

In the course of committing ____means conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft.

Answer 33

theft”

Question 34

While intoxicated a person without consent, intentionally starts a fire that causes an explosion that destroys another’s home. Of the following, which is the most serious crime that has occurred?

Deadly Conduct

Criminal destruction

Unlawfully Carrying a Weapon

Arson

Answer 34

Arson

Question 35

Person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a _______________ and the fire or explosion damages any building, habitation, or vehicle.

Answer 35

Controlled Substance

Question 36

PC Quiz 2 Question - Value Ladder

Sec. 31.04. THEFT OF SERVICE

Punishments - Value Ladder

Answer 36

Class C: >$100

Class B: $100 > $750

Class A: $750 > $2,500

State Jail Felony: $2,500 > $30,000

Third Degree Felony: $30,000 > $150,000

Second Degree Felony: $150,000 > $300,000

First Degree Felony: $300,000 +

Question 37

Structure or vehicle that is adapted for overnight accommodations of a persons

Answer 37

Habitation 28.01

Question 38

Criminal mischief is tampering with tangible of the owner and causes __________ or __________ to owner of a third person.

Answer 38

pecuniary loss, Substantial inconvenience

Question 39

(a) A person commits theft of service if, with intent to _______for service that the actor knows is provided only for compensation:

Answer 39

avoid payment

Question 40

For the purpose of theft of service actor fails to return the property held under a rental agreement within _________ after receiving notice demanding return, and value is greater than 2500

Answer 40

3 days

Question 41

Means (a) A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record.

an offense under this section is a _____

Answer 41

FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING.

Class A misdemeanor.

Question 42

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…(Def)

Answer 42

Arson

Question 43

The actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, __________________________after receiving notice demanding payment.

Answer 43

fails to make full payment

Question 44

means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise.

Answer 44

“Shielding or deactivation instrument”

Question 45

The crime of “_________” would include a situation where a person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with the intent to destroy or damage any building, habitation, or vehicle when the person is Criminal Mischief Unlawful Conduct Arson Trespassing

Answer 45

Arson

Question 46

Means, A person commits an offense if, with the intent to use the instrument to commit theft, the person:

(1) possesses a shielding or deactivation instrument; or
(2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument.
(c) An offense under this section is a _____.

Answer 46

POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT.:

Class A misdemeanor

Question 47

less than $2,500, if the property was a fence used for the production or containment of: (i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or (ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code

Answer 47

State jail felony

Question 48

30.02. (a) A person commits an offense of burglary if, without the effective consent of the owner, the person?

1.

2.

3.

Answer 48

(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or

(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or

(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

Question 49

Criminal Mischief with damages or pecuniary loss is $100 or more but less than $750 it is a ____offense

Answer 49

Class B misdemeanor

Question 50

Robbery is ________ plus ______.

Answer 50

Threat, force

Question 51

(a) 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.
(b) An offense under this section is a felony of the_____

DEF?

Answer 51

ROBBERY.

second degree.

Question 52

32. 22. (a) A person commits an offense if, with intent to defraud or harm another:
        (1) 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;
        (2) he possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or
        (3) he authenticates or certifies an object so made or altered as genuine or as different from what it is.
        (b) An offense under this section is a______

Answer 52

CRIMINAL SIMULATION.

Class A misdemeanor.

Question 53

any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

Answer 53

Building

Question 54

A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. DEF?

Answer 54

Theft

Question 55

Criminal Mischief with damages or pecuniary loss is $2500 or more but less than$30000 it is a ____offense

Answer 55

State jail felony

Question 56

Arson is destroying any __________,___________, or ________ on open land

Answer 56

Vegetation, fence, or structure

Question 57

Commits an offense if:
- Throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment;

Answer 57

o 28.07 Interference with Railroad Property:

Question 58

Criminal Mischief with damages or pecuniary loss is less than $100 it is a ____offense

Answer 58

Class C misdemeanor

Question 59

For purposes of burglary, “enter” means to intrude:

1.

2.

Answer 59

(1) any part of the body; or
(2) any physical object connected with the body.

Question 60

Means (a) A person commits an offense if the person steals an unsigned check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receives the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen.

(b) An offense under this section is a_________

Answer 60

STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER.:

Class A misdemeanor.

Question 61

30. 04._______. (a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
    (b) For purposes of this section, “enter” means to intrude:

(1)

(2) .

Answer 61

BURGLARY OF VEHICLES

1. any part of the body; or
2. any physical object connected with the body

Question 62

30. 5. _______. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
       (1) had notice that the_______
       (2) received notice to ____but failed to do so.
       (b) For purposes of this section:
       (1) “Entry” means the intrusion of the_____

Answer 62

CRIMINAL TRESPASS;

entry was forbidden; or;

depart;

entire body.

Question 63

An offense under this section is a _____ if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.

Answer 63

State jail felony

Question 64

Criminal Mischief with damages or pecuniary loss is $750 or more but less than $2500 it is a ____offense

Answer 64

Class A misdemeanor

Question 65

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Felony of First Degree

Answer 65

$300k +

pecuniary loss is $300,000 or more

Question 66

Includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation

Answer 66

Vehicle 28.01

Question 67

” means:

(A) to alter, make, complete, execute, or authenticate any writing so that it purports:

(i) to be the act of another who did not authorize that act;
(ii) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or
(iii) to be a copy of an original when no such original existed;

Answer 67

“Forge

Question 68

28. 4. . (a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.
       (b) An offense under this section is a______

Answer 68

RECKLESS DAMAGE OR DESTRUCTION;

Class C misdemeanor.

Question 69

Arson is destroying anything that is within the limits of an _______________ or _________.

Answer 69

Incorporated city, town

Question 70

30. 2. (a) A person commits an offense if, without the effective consent of the owner, the person: DEF?
       (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
       (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
       (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

Answer 70

BURGLARY.

Question 71

The Penal Code states that a person commits “Arson” if they start a fire or cause an explosion with the intent to destroy or damage a __________, ___________, or ____________. habitation, property, livestock building, structure, property house, office, animal habitation, building, vehicle

Answer 71

habitation, building, vehicle

Question 72

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Felony of Second Degree

Answer 72

$150k > $300k

$150,000 or more but less than $300,000

Question 73

A person commits an offense if he forges a writing with intent to

________another.

Answer 73

defraud or harm

Question 74

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

State Jail Felony

Answer 74

• $2.5k > $30k
• > $2.5k (habitation damaged by firearm or explosive; fence for cattle, bison, horses, sheep, swine, goats, exotic lifestock)
• > $30k (interrupts or diverts flood control, dam, or public service)
• $750 > $30k (worship or human burial, a public monument, or a community center {med, social, edu], public/private elementary, secondary school, institution of higher edu)

(A) $2,500 or more but less than $30,000;

(B) less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

(C) less than $2,500, if the property was a fence used for the production or containment of: cattle, bison, horses, sheep, swine, goats, exotic livestock or poultry; or game animals…by Section 63.001, Parks and Wildlife Code; or

(D) less than $30,000 and the actor:

(i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service; or
(ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply
(f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.
(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.

Question 75

. (a) A person commits an offense if he intentionally or knowingly operates another’s boat, airplane, or motor-propelled vehicle without the effective consent of the owner.

(b) An offense under this section is a______

Answer 75

UNAUTHORIZED USE OF A VEHICLE:

state jail felony.

Question 76

A person commits an offense if:

(1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:

(A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or

(B) the card has expired or has been revoked or cancelled;

Answer 76

CREDIT CARD OR DEBIT CARD ABUSE.

Question 78

A person commits an offense if, without the effective consent of the owner: (1) he _____ or ______ damages or destroys the tangible property of the owner Def?

Answer 78

intentionally knowingly CRIMINAL MISCHIEF.

Question 79

A person commits an offense if, with intent to defraud or harm another:

he authenticates or certifies an object so made or altered as genuine or as different from what it is.

Answer 79

Criminal Simulation

Question 80

Burning of unwanted vegetation with the consent of the owner of the property on which vegetation is located and limited to a designated area

Answer 80

Controlled burning 28.01

Question 81

A person commits an offense if the person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute a _______or an item or service that:

(1) bears or is identified by a counterfeit mark; or
(2) the person knows or should have known bears or is identified by a counterfeit mark.

Answer 81

counterfeit mark

Question 82

in theft of service an actor intentionally or knowingly secures performance of the service by _________, _________, or ________ __________

Answer 82

deception, threat, false token

Question 83

PC Quiz 2 Question - Value Ladder

Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY

Punishments - Value Ladder

Answer 83

Class C: > $100

Class B: $100 > $750

Class A: $750 > $2,500

State Jail: $2,500 > $30,000

Third Degree: $30,000 > $150,000

Second Degree: $150,000 > $300,000

First Degree: $300,000 +

Question 84

BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES.

b) For purposes of this section, “entry” includes every kind of entry except one made with_________
(c) An offense under this section is a_____

Answer 84

the effective consent of the owner.

Class A misdemeanor.

Question 85

the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss

Answer 85

Class A misdemeanor

Question 86

Causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.

Answer 86

28.07 Interference with Railroad Property:

Question 87

Train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad; or
- Railroad track, rail, bridge, trestle, or right of way owned or used by a railroad.

Answer 87

Railroad Property:

Question 88

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Class B misdemeanor

Answer 88

$100 > $750

(b)(2) the amount of pecuniary loss is $100 or more but less than $750

Question 89

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Felony of Third Degree

Answer 89

$30k > $150k

kills 1+ head of cattle, bison, horse by firearm, weapon, any means

(A) the amount of the pecuniary loss is $30,000 or more but less than $150,000; or

(B) the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses

Question 90

” means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device.

Answer 90

Retail theft detector