Penal Code - Test 4

Question 1

Sec. 36.01. DEFINITIONS.

(1) “Custody” means…

Answer 1

(1) “Custody” means:

(A) detained* or under arrest by a peace officer; or

(B) under restraint** by a public servant pursuant to an order of a court.

• * no longer free to leave; can exclude physical contact (e.g. stopping a vehicle with lights and sirens but not yet making a contact; however, may include handcuffing as well.*
• ** removing person’s liberty (placing in the back of patrol vehicle, handcuffing)*

Question 2

Detained or under arrest by a peace officer?

Answer 2

Custody

Question 3

Sec. 36.01. DEFINITIONS.

(1) _____ means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.

Answer 3

benefit

Question 4

Sec. 36.02. BRIBERY.

Define

No defense (two sets of circumstances)

Exception

Answer 4

(a) A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another:
(1) any benefit as consideration for the recipient’s decision, opinion, recommendation, vote, or other exercise of discretion as a

• public servant, party official, or voter;
• in a judicial or administrative proceeding (judges, prosecutors);
• for a violation of a duty imposed by law on a public servant or party official;
• political contribution,

(b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason.
(c) It is no defense to prosecution under this section that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after:
(1) the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or (2) the public servant ceases to be a public servant.
(d) It is an exception to the application of Subdivisions (1), (2), and (3) of Subsection (a) that the benefit is a political contribution as defined by Title 15, Election Code, or an expenditure made and reported in accordance with Chapter 305, Government Code.

Question 5

Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER.

Hint: key word in coercion = influence.

Answer 5

(a) A person commits an offense if by means of coercion he:
(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty; or
(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.

Question 6

What’s the difference between the influence in Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER and Sec. 36.04. IMPROPER INFLUENCE?

Answer 6

adjudicatory proceedings

Sec. 36.04. IMPROPER INFLUENCE.
(a) A person commits an offense if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law..

Question 7

What’s the best analogy to differentiate between

36.02 BRIBERY and

Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER?

Answer 7

Carrot and Stick

Question 8

Sec. 36.05. TAMPERING WITH WITNESS.

1. Under this Section, a witness can be subjected to _______ or ______.
   * Hint: carrot and stick analogy*
2. Can a witness himself/herself be charged with this offense?

Answer 8

1. influence or coercion

(a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official proceeding:

(1) to testify falsely;
(2) to withhold any testimony, information, document, or thing;
(3) to elude legal process summoning him to testify or supply evidence;
(4) to absent himself from an official proceeding to which he has been legally summoned;
(5) to abstain from, discontinue, or delay the prosecution of another.

2. Yes.

(b) A witness or prospective witness in an official proceeding commits an offense if he knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a).

Question 9

Sec. 36.06. OBSTRUCTION OR RETALIATION.

What are the two important elements under this Section?

The intent to _____ and ____ the fact

Answer 9

Intent to cause harm/threaten and

after the fact, to get back at someone

(a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act:
(1) in retaliation … or prevent or delay the service for or on account of the service or status of… public servant, witness, prospective witness, or informant, or reporting person.

(a-1) A person commits an offense if the person posts on a publicly accessible website the residence address or telephone number of an individual the actor knows is a public servant or his family or household with the intent to cause harm or a threat of harm to the individual or a member of the individual’s family or household in retaliation for or on account of the service or status of the individual as a public servant.

Question 10

Sec. 36.07. ACCEPTANCE OF HONORARIUM.

(a) A public servant commits an offense if the public servant solicits, accepts, or agrees to accept an _________ in consideration for services that the public servant would ____ have been requested to provide but for the public servant’s official position or duties.
(b) This section does ___prohibit a public servant from accepting transportation and lodging expenses in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent that those services are more than merely perfunctory, or from accepting meals in connection with such an event.

Answer 10

(a) A public servant commits an offense if the public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant’s official position or duties.
(b) This section does not prohibit a public servant from accepting transportation and lodging expenses in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent that those services are more than merely perfunctory, or from accepting meals in connection with such an event.

(b-1) Transportation, lodging, and meals described by Subsection (b) are not political contributions as defined by Title 15, Election Code.

Question 11

Sec. 37.02. PERJURY.

(a) A person commits an offense if, with intent to _____ and with knowledge of the statement’s meaning:
(1) he makes a _____ statement under oath or swears to the truth of a ____ statement previously made and the statement is required or authorized by law to be made under oath; or

Answer 11

(a) A person commits an offense if, with intent to deceive and with knowledge of the statement’s meaning:
(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or

Question 12

What two elements make perjury aggravated?

Answer 12

official proceedings and materiality

Sec. 37.03. AGGRAVATED PERJURY.

(a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third degree.

Question 13

Sec. 37.04. MATERIALITY.

(a) A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the _____ _______.

Answer 13

Sec. 37.04. MATERIALITY.

(a) A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding.

Question 14

Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE.

(a) A person commits an offense if, with intent to deceive, he knowingly makes a ____ statement that is material to a criminal investigation and makes the statement to:
(1) a PO or federal special investigator conducting the investigation; or
(2) ___ employee of a law enforcement agency (e.g. expediters) that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.

Answer 14

Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE.

(a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a PO or federal special investigator conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.

Question 15

Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.

(a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:
(1) alters, destroys, or conceals any record, document, or thing with ____ to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or
(2) makes, presents, or uses any record, document, or thing with _____ of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.

Answer 15

Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.

(a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:

(1) alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding;
* TAMPERING (destroying get-away car or text messages, wiping fingerprints)*

or

(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
* FABRICATING (putting fingerprints, swapping murder weapons)*

Question 16

Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD.

(a) A person commits an offense if he:
(1) knowingly makes a ____ entry in, or ____alteration of, a governmental record;
(2) makes, presents, or uses any record, document, or thing with _____ of its falsity and with intent that it be taken as a genuine governmental record;
(3) ______ destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
(4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used _____;
(5) makes, presents, or uses a governmental record with knowledge of its falsity; or
(6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.

Answer 16

Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD.

(a) A person commits an offense if he:
(1) knowingly makes a false entry in, or false alteration of, a governmental record;
(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
(3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
(4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;
(5) makes, presents, or uses a governmental record with knowledge of its falsity; or
(6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.

Question 17

37.12. (a) A person commits an offense if: (1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item, including a vehicle, bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and

Answer 17

FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY

Question 18

Sec. 37.11. IMPERSONATING PUBLIC SERVANT.

(a) A person commits an offense if he:
(1) impersonates a public servant with intent to induce another to submit to his _____ _____ _____or to rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a ____ _____or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.
(b) An offense under this section is a felony of the third degree.

Answer 18

Sec. 37.11. IMPERSONATING PUBLIC SERVANT.

(a) A person commits an offense if he:
(1) impersonates a public servant with intent to induce another to submit to his pretended official authority (KEY PHRASE) or to rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.
(b) An offense under this section is a felony of the third degree.

Question 19

(1) causes a dog to _____ with another dog;
(2) participates in the earnings of or operates a facility used for _______;
(3) uses or permits another to use any real estate, building, room, tent, arena, or other property for ___________

Answer 19

Sec. 42.10. DOG FIGHTING.

1) FIght
2) dog fighting
3) dog fighting

Question 20

42.01. Disorderly Conduct.

A person commits an offense if he intentionally or knowingly:

(1) uses _________________ in a public place, and the language by its very utterance tends to incite an immediate breach of the peace.

Answer 20

abusive, indecent, profane, or vulgar language

Question 21

(4) owns or possesses _________ equipment with the intent that the equipment be used to train a dog for ___________ or in furtherance of ___________;
(5) owns or trains a dog with the intent that the dog be used in an exhibition of dog __________; or
(6) attends as a spectator an exhibition of _________.

Answer 21

Sec. 42.10. DOG FIGHTING.

dog fighting

Question 22

means any situation in which one dog attacks or fights with another dog

Answer 22

Dog Fighting

Question 23

means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.

Answer 23

Animal

Question 24

(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner’s effective consent, kills, administers poison to, or causes serious bodily injury to an animal;
(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person’s custody;
(4) abandons unreasonably an animal in the person’s custody

Answer 24

Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS.

Question 25

37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY. (a) A person commits an offense if: 2) the person who makes, provides, or possesses the item bearing the insignia ____ that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item.

Answer 25

knows

Question 26

Sec. 38.13. Hindering Proceedings by Disorderly Conduct

A person commits an offense if he intentionally hinders an official proceeding by ________________________________.

Answer 26

noise or violent or tumultuous behavior or disturbance:

Question 27

38.01 Custody” means:

(A) under ___ by a peace officer or under ___ by a public servant pursuant to an order of a court of this state or another state of the United States; or

(B) under ____by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

Answer 27

arrest;

restraint;

restraint

Question 28

(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(5) transports or confines an animal in a cruel manner;
(6) without the owner’s effective consent, causes bodily injury to an animal;
(7) causes one animal to fight with another animal, if either animal is not a dog;
(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or
(9) seriously overworks an animal.

Answer 28

Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS.

Question 29

(a) A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an _______________.

Answer 29

Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL.

(ASSITANCE ANIMAL)

Question 30

means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.

Answer 30

Escape

Question 31

(b) A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an ________________ and, as a result of the person’s conduct, the ________________ is attacked, injured, or killed.

Answer 31

Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL.

(ASSITANCE ANIMAL)

Question 32

(c) An offense under this section is a:
(1) Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an _______________;
(2) state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an _________________; or
(3) felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an _____________________.

Answer 32

Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL.

(ASSISTANCE ANIMAL)

Question 33

” means a person for whom a valid arrest warrant has been issued.

Answer 33

“Fugitive from justice

Question 34

Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his ______, _______, or _____to a peace officer who has lawfully arrested the person and requested the information.

Answer 34

name,

residence address;

date of birth

Question 35

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:
(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;
(2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person’s family or household, or the person’s property;

Answer 35

HARASSMENT

Question 36

(a) A person commits an offense if the person intentionally or knowingly:
(1) tortures a _____________;
(2) fails unreasonably to provide necessary ______for a livestock animal in the person’s custody;
(3) _____unreasonably a livestock animal in the person’s custody;
(4) transports or confines a _______________ in a cruel and unusual manner

Answer 36

Sec. 42.09. CRUELTY TO LIVESTOCK ANIMALS

1) (LIVESTOCK ANIMALS)\
2) food, water, or care
3) abandons
4) livestock animal

Question 37

What offense does a person commit if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit offcial request to desist?

Answer 37

38.13. Hindering Proceedings by Dosorderly Conduct.

(b)

Question 38

(a) A person commits an offense if the person intentionally or knowingly:
(5) administers poison to a _____________, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner’s effective consent;
(6) causes one _____________ to fight with another livestock animal or with an animal as defined by Section 42.092;
(7) uses a live _______________ as a lure in dog race training or in dog coursing on a racetrack;
(8) trips a horse; or
(9) seriously overworks a ________________

Answer 38

Sec. 42.09. CRUELTY TO LIVESTOCK ANIMALS

(LIVESTOCK ANIMALS)

Question 39

(a) A person commits an offense if the person, without legal authority, knowingly:
(1) disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a _____________;
(2) conceals a ___________ knowing it to be illegally disinterred;
(3) sells or buys a __________ or in any way traffics in a _____________;
(4) transmits or conveys, or procures to be transmitted or conveyed, a _____________ to a place outside the state; or
(5) vandalizes, damages, or treats in an offensive manner the space in which a _____________ has been interred or otherwise permanently laid to rest.

Answer 39

Sec. 42.08. ABUSE OF CORPSE.

(HUMAN CORPSE)

Question 40

What is the punishment for an offense is a person is hindering an official proceeding by noise or violent behavior? What is the offense

Answer 40

38. 13. Hindering Proceedings by Disorderly Conduct
        (c) An offense under this section is a Class A misdemeanor

Question 41

38.14. Taking or attempting to take a weapon from a peace officer.

What weapons do they have to attempt to take from an officer in the commission of the offense 38.14?

Answer 41

The official’s firearm, nightstick, stun gun, or personal protection chemical dispensing device.

Question 42

(a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:
(1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening:

(A) bodily injury or death for the other person;

(B) bodily injury or death for a member of the other person’s family or household or for an individual with whom the other person has a dating relationship; or

(C) that an offense will be committed against the other person’s property;

Answer 42

Sec. 42.072. STALKING.

Question 43

38.15 Interference with public duties

A person commits an offense if with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with?

Answer 43

(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
(2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty;
(3) a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire.

Question 44

(a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:
(2) causes the other person, a member of the other person’s family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person’s property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended

Answer 44

STALKING

Question 45

38.15. Interference with public duties.

True or False?

You can arrest a person who is interfering with public duties by speech only.

Answer 45

False

It is a defense to prosecution under this section that the interruption , disruption, impediment, or interference alleged consisted of speech only.

Question 46

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:
(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;
(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another

Answer 46

HARASSMENT

Question 47

38.151. Interference with Police Service Animals

A person commits an offense if the person recklessly:

Answer 47

(1) taunts, torments, or strikes a police service animal;
(2) throws an obeject or substance at a police service animal;
(3) interferes with the control of the service animal, deprives the handler from controlling the service animal;
(4) releases a police service from its area of control;
(5) enters the area of control of a police service animal witout the effective consent of the handler, including placing food in the are of control;
(6) injures or kills a police service animal;
(7) engages in conduct likely to injure or kill a police service animal.

Question 48

means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:

(A) a communication initiated through the use of electronic mail, instant message, network call, a cellular or other type of telephone, a computer, a camera, text message, a social media platform or application, an Internet website, any other Internet-based communication tool, or facsimile machine; and

(B) a communication made to a pager.

Answer 48

ELECTRONIC COMMUNICATIONS

Question 49

means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

Answer 49

OBSCENE

Question 50

42.07 HARASSMENT

(c) An offense under this section is a __________ , except that the offense is a ______________if:
(1) the actor has previously been convicted under this section; or
(2) the offense was committed under Subsection (a)(7) and:

(A) the offense was committed against a child under ___ years of age with the intent that the child:

(i) commit suicide; or
(ii) engage in conduct causing serious bodily injury to the child; or

(B) the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A, Civil Practice and Remedies Code.

(CYBER BULLYING)

Answer 50

Class B misdemeanor

Class A misdemeanor

18

Question 51

A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:

(1) _____ arrested the person;
(2) lawfully _____ the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a_____to a criminal offense

Answer 51

lawfully;

detained;

witness

Question 52

38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION. (a) A person commits an offense if he _______or_____a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using_______against the peace officer or another.

Answer 52

intentionally prevents;

obstructs;

force

Question 53

(a) An individual commits an offense if the individual -_________ prevents or interferes with another individual’s ability to place an ____________ or to _________________, including a __________________ using an electronic communications device, in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.

Answer 53

Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE.

KNOWINGLY

EMERGENCY CALL

REQUEST ASSISTANCE

REQUEST FOR ASSISTANCE

Question 54

38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.

It is ___defense to prosecution under this section that the arrest or search was unlawful.

Answer 54

no

Question 55

(b) An individual commits an offense if the individual __________ renders unusable an electronic communications device, including a telephone, that would otherwise be used by another individual to place an _____________or to _____________ in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.

Answer 55

Sec. 42.062. INTERFERENCE WITH EMERGENCY REQUEST FOR ASSISTANCE.

RECKLESSLY

emergency call

REQUEST ASSISTANCE

Question 56

38.04. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him. DEF?

Answer 56

EVADING ARREST OR DETENTION.

Question 57

EVADING ARREST OR DETENTION is a _______if the actor uses a vehicle while the actor is in flight

Answer 57

felony of the 3rd degree

Question 58

___________________________ means a law that specifically applies to a person acting in the capacity of a public servant and that directly or inderectly:

(A) imposes a duty on the public servant; or

(B) governs the conduct of the public servant.

Answer 58

“Law relating to a public servant’s office or employment”

Question 59

EVADING ARREST OR DETENTION is a _______

Answer 59

Class A misdemeanor

Question 60

WHAT DOES “PSAP” STAND FOR?

Answer 60

Sec. 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE.

PUBLIC SAFETY ANSWERING POINT

Question 61

38.05. HINDERING APPREHENSION OR PROSECUTION. (a) A person commits an offense if, with ___ to hinder the _____, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, _____, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias,

Answer 61

intent;

arrest;

detention

Question 62

(b) A person commits an offense if the person makes a call to a _____1_____, or requests _____2_____using an electronic communications device, when there is not an emergency and knowingly or intentionally:
(1) remains ______; or
(2) makes ________ or harassing statements to a PSAP employee.

Answer 62

Sec. 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE.

1 &2) 9-1-1 service

SILENT

ABUSIVE

Question 63

39. 2. Abuse of Official Capacity
       (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:

Answer 63

(1) violates a law relating to the public servant’s office or employment; or
(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.

Question 64

38.05. HINDERING APPREHENSION OR PROSECUTION. (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:

(1) _____ or conceals the other;
(2) provides or____in providing the other with any means of avoiding arrest or effecting escape; or
(3) warns the other of _____or apprehension.

Answer 64

harbors,

aids,

impending discovery

Question 65

(a) A person commits an offense if the person escapes from custody when the person is:

(1) under arrest for, lawfully detained for, charged with, or convicted of an offense;
(2) in custody pursuant to a lawful order of a court;
(3) detained in a secure detention facility, as that term is defined by Section 51.02, Family Code; or
(4) in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code.

Answer 65

ESCAPE.

Question 66

ESCAPE

(a) A person commits an offense if the person escapes from custody when the person is:
(1) ______ for, lawfully detained for, charged with, or convicted of an offense;
(2) in custody pursuant to a _____of a court;
(3) _____ in a secure detention facility, as that term is defined by Section 51.02, Family Code; or
(4) in the ___ of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code.

Answer 66

1) under arrest,
2) lawful order;
3) detained;

4 )custody

Question 67

. (a) An official or employee of a correctional facility commits an offense if he knowingly permits or facilitates the escape of a person in custody.

(b) A person commits an offense if he knowingly causes or facilitates the escape of one who is in custody pursuant to:
(1) an allegation or adjudication of delinquency; or
(2) involuntary commitment for mental illness under Subtitle C, Title 7, Health and Safety Code, or for chemical dependency under Chapter 462, Health and Safety Code.

Answer 67

38.07. PERMITTING OR FACILITATING ESCAPE

Question 68

38.08. EFFECT OF UNLAWFUL CUSTODY. It is_____ to prosecution under Section 38.06 or 38.07 that the custody was unlawful.

Answer 68

no defense

Question 69

PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY. (a) A person commits an offense if the person provides, or possesses with the intent to provide:

(1) an_____, controlled substance, or dangerous drug to a person in the custody of a correctional facility or civil commitment facility, except on the prescription of a practitioner;
(2) a _____to a person in the custody of a correctional facility or civil commitment facility;
(3) a _____or other ____ communications device or a component of one of those devices to a person in the custody of a correctional facility;
(4) _____ to a person confined in a correctional facility; or
(5) a cigarette or ____to a person confined in a correctional facility, except that if the facility is a local jail regulated by the Commission on Jail Standards, the person commits an offense only if providing the cigarette or tobacco product violates a rule or regulation adopted by the sheriff or jail administrator that:

Answer 69

1) alcoholic beverage,
2) deadly weapon,
3) cellular telephone, wireless,
4) money,
5) tobacco product

Question 70

d) A person commits an offense if the person:

(1) possesses a _______while in a correctional facility or civil commitment facility or on property owned, used, or controlled by a correctional facility or civil commitment facility; or
(2) possesses a while in a correctional facility or civil commitment facility.

Answer 70

1) controlled substance or dangerous drug
2) deadly weapon

Question 71

38.114. CONTRABAND IN CORRECTIONAL FACILITY. (a) A person commits an offense if the person:

(1) _____ contraband to an inmate of a correctional facility;
(2) otherwise ____ contraband into a correctional facility; or
(3) possesses contraband while ____ in a correctional facility.

Answer 71

1) provides,
2) introduces,
3) confined

Question 72

38.12. BARRATRY AND SOLICITATION OF PROFESSIONAL EMPLOYMENT. (a) A person commits an offense if, with intent to obtain an economic benefit the person:

(1) ______that the person has not been authorized to pursue;
(2) solicits employment, either in ______, for himself or for another;
(3) pays, gives, or advances or offers to pay, give, or advance to a prospective client money or anything of value to obtain ______from the prospective client;
(4) pays or gives or offers to pay or give a person money or anything of value to ___ employment;
(5) pays or gives or offers to pay or give a _____money or anything of value to solicit employment; or
(6) accepts or agrees to accept ____of value to solicit employment.

Answer 72

1) knowingly institutes a suit or claim;
2) person or by telephone;
3) employment as a professional;
4) solicit;
5) family member of a prospective client;
6) money or anything

Question 73

A public servant commits this offense when he intentionally subjects another to sexual harassment.

Answer 73

39.03. Official Oppression

Question 74

38.13. . (a) A person commits an offense if he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance.

Answer 74

HINDERING PROCEEDINGS BY DISORDERLY CONDUCT

Question 75

38. 13 Def?
    (b) A person commits an offense if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist.

Answer 75

HINDERING PROCEEDINGS BY DISORDERLY CONDUCT

Question 76

42. 1. Disorderly Conduct
       (a) a person commits an offense if he intentionally or knowingly:
       (2) makes an _________ or display in a public place, and the gesture or display tends to incite an immediate breach of the peace.

Answer 76

offensive gesture.

Question 77

A person commits an offense if he intentionally or knowingly discharges a firearm in a public place other than a public road or a sport shootin range,

Answer 77

Disorderly conduct

Question 78

42. 1. Disorderly Conduct
       (a) a person commits an offense if he intentionally or knowingly:
       (3) creates, by chemical means, a ______________ in a public place

Answer 78

noxious and unreasonable odor

Question 79

A person commits an offense if he intentionally or knowingly: displays a firearm or other deadly weapon in a public place in a manner calculated to alarm

Answer 79

Disorderly conduct

Question 80

42. 1. Disorderly Conduct
       (a) a person commits an offense if he intentionally or knowingly:
       (4) ________ or ________ a person in a public place in an obviously offensive manner

Answer 80

abuses or threatens

Question 81

A person commits an offense if he intentionally or knowingly: discharges a firearm on or across a public road;

Answer 81

Disorderly Conduct

Question 82

A person commits an offense if he intentionally or knowingly: exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act;

Answer 82

Disorderly Conduct

Question 83

A person commits an offense if he intentionally or knowingly: for a lewd or unlawful purpose:

(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;

Answer 83

Disorderly Conduct

Question 84

42. 1. Disorderly Conduct
       (a) a person commits an offense if he intentionally or knowingly:
       (5) makes unreasonable noise in ________ other than a sports shooting range… or in or near a private residence that he has no right to occupy.

Answer 84

a public place

Question 85

A person commits an offense if he intentionally or knowingly: for a lewd or unlawful purpose: while on the premises of a hotel or comparable establishment, looks into a guest room not the person’s own through a window or other opening in the room;

Answer 85

Disorderly COnduct

Question 86

A person commits an offense if he intentionally or knowingly: for a lewd or unlawful purpose: while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

Answer 86

Disorderly COnduct

Question 87

42.02. Riot.

“Riot” means the assemblage of ______ or more persons.

Answer 87

seven

Question 88

42. 2. Riot.
       (a) For the purpose of this section, “riot” means the assemblage of seven or more persons resulting in conduct which:

Answer 88

(1) creates an immediate danger of damage to property or injury to persons;
(2) substantially obstructs law enforcement or other governmental functions or services; or
(3) by force, threat or force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.

Question 89

42. 3. Obstructing Highway or Other Passageway.
       (a) A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly:

Answer 89

(1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or
(2) disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises:

(A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or

(B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.

Question 90

(a) A person commits an offense if, with intent to _____the witness, he offers, confers, or agrees to confer any____ on a witness or prospective witness in an official proceeding, or he ______ a witness or a prospective witness in an official proceeding:

DEF?

Answer 90

influence ;

benefit;

coerces

Tampering with Witness

Question 91

A person with intent interrupts a lawful city council meeting an yells obscenities:

Answer 91

Disruptive Meeting or Procession

Question 92

According to PC 36.06, what offense is committed when a person threatens to harm another, by unlawful acts, on account of their services as a witness or public servant?

A: Tampering with a witness

B: Jury tampering

C: Obstruction or retaliation

D: Official Oppression

Answer 92

C: Obstruction or retaliation

Question 93

A person enters the county commissioner’s meeting and begins to shout obscenities. According to the Penal Code, that person has committed the offense of _______

A: disrupting meeting or procession

B: disorderly conduct

C: riot

D: harassment

Answer 93

A: disrupting meeting or procession

Question 94

According to PC 38.01, ______ is failing to return to custody following a temporary leave for a specific purpose

A: unauthorized departure

B: escape

C: evading arrest

D: evasion

Answer 94

B: escape