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BPOC Study Material 2 > Penal Code - Test 5 > Flashcards

Penal Code - Test 5 Flashcards

1
Q

A person, who is not a handgun license holder, is carrying a concealed handgun on his person as he drives his automobile. He is stopped for speeding (Class C Misdemeanor). Besides the speeding offense, this person can be charged with.

A: no other offense from the information given

B: unlawful carrying weapon

C: unlawful carrying of handgun by license holder

D: places weapons prohibited

A

A: no other offense from the information given

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2
Q

means: (A) not having the normal use of ______ or ________ faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the _____; or (B) having an alcohol concentration of ____ or more.

A

Intoxicated

mental

physical

body

0.08

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3
Q

(b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an ________ of the _______________. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. (d) An offense under this section is a felony of the ______ degree.

A

Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION employee, penal institution, third

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4
Q

A person commits an offense if he: (1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest; (DEF)?

A

Gambling

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5
Q

A person commits an offense if, knowing the character and content of the material, he produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18 years of age.

A

43.25. Sexual Performance by a Child.

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6
Q

A person, who is licensed to carry a handgun, is carrying a concealed handgun on his person as he drives his automobile. He is stopped for speeding (Class C Misdemeanor). Besides the speeding, this person can be charged with.

A: no other offense from information given

B: places weapons prohibited

C: unlawful carrying of weapon

D: unlawful carrying of weapon by license holder

A

A: no other offense from information given

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7
Q

A person commits an offense if he intentionally or knowingly does any of the following acts: (4) sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or

A

Gambling promotion

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8
Q

DEF? A person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state: (1) cigarettes that do not comply with all applicable requirements imposed by or under federal law and implementing regulations; or (2) cigarettes to which stamps may not be affixed under Section 154.0415, Tax Code, other than cigarettes lawfully imported or brought into the state for personal use and cigarettes lawfully sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with 19 U.S.C. Section 1555(b), as amended.

A

48.015. PROHIBITIONS RELATING TO CERTAIN CIGARETTES.

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9
Q

43.05. Compelling Prostitution. Person knowingly: Causes another by _____, _____, or _____ to commit prostitution.

A

force, threat, or fraud.

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10
Q

46.02 UCW

HANDGUN IN MV/H2OC*
(*owned/controlled, any time)

MV - Motor Vehicle

A
  • plain view (UNLESS LTC* + in holster)
  • criminal activity, other than a Class C for traffic or boating;
  • prohibited by law (felon, domestic violence, protective orders)
  • street gang member

*LTC - License To Carry based on Subchapter H, Chapter 411, Government Code

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11
Q

means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance.

A

Gambling Device

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12
Q

46.02. Unlawful Carrying Weapons. (a-1) A person commits commits an offense if…

A

The handgun is in plain view in their vehicle, unless is licensed to carry.

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13
Q

intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; DEF?

A

46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS

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14
Q

Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG.

(a) A person commits an offense if the person knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang which, as a condition of initiation, admission, membership, or continued membership, requires the commission of any conduct which constitutes an offense punishable as a ____ misdemeanor or a ____.

A

Class A

felony

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15
Q

46.02. Unlawful Carrying Weapons. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and (2) is not:

A

(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.

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16
Q

Sec. 71.01. DEFINITIONS.

(b) “____ ___ ____” means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties.

A

Conspires to commit

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17
Q

43.04. Promotion of Prostitution. Acting other than as a prostitute receiving compensation for personally rendered prostitution services; he or she knowingly:

A

Receives money or other property pursuant to an agreement to participate in the proceeds or prostitution; or Solicits another to engage in sexual conduct with another person for compensation.

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18
Q

46.03. Places Weapons Prohibited. A person commits an offense if he if intentionally, knowingly, or recklessly possesses or goes with a firearm, location restricted knife, club, or prohibited weapon

A
  1. Physical premises of a school;
  2. Polling place;
  3. Any government court;
  4. Racetrack;
  5. secure area of an airport;
  6. Within 1000 ft of a place of execution on the day of the execution.
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19
Q

Handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers

A

Armor-Piercing Ammunition

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20
Q

Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG.

(a-1) A person commits an offense if, with intent to coerce, induce, or solicit a _____ to actively participate in the activities of a criminal street gang, the person:

(1) threatens the ____or a member of the child’s family with imminent bodily injury; or
(2) causes bodily injury to the ____or a member of the child’s family

A

child

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21
Q

What offense does a person commit when he is a license holder and has a handgun while he is intoxicated.

A

46.035. Unlawful Carrying of Handgun by License Holder.

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22
Q

A person commits an offense if he: plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device. (DEF)?

A

Gambling

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23
Q

Includes deviate sexual intercourse, sexual contact, and sexual intercourse.

A

Sexual conduct.

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24
Q

means any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or the playing of gambling devices.

A

Gambling place

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25
Q

a device that reasonable appears to be an explosive device

A

Hoax Bomb

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26
Q

43.05. Compelling Prostitution. Person knowingly: Causes by any means a child younger than ___ to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense.

A

18.

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27
Q

(a) A person commits an offense if, while confined in a ________________, he intentionally, knowingly, or recklessly: (1) carries on or about his person a _______________; or (2) possesses or __________ a deadly weapon in the _______ institution.

A

Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION

penal institution;

deadly weapon;

conceals;

penal

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28
Q

a device or combination of devices that was not originally a firearm and is adapted to expel in projectile through a smooth-bore or rifled bore barrel by using the energy generated by an explosion or burning substance.

A

Zip gun

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29
Q

to receive and record or to forward bets or offers to bet totaling more than $1,000 in a period of 24 hours

A

Bookmaking

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30
Q

You stop a person on traffic and he has a shotgun on the back seat of his vehicle. He says he has been quail hunting. You find that he was released from parole six years ago for robbery. What offense has he now committed?

A: no offense as he is in a privately owned motor vehicle

B: unlawful transfer of certain weapons

C: unlawful possession of firearm

D: unlawful carrying weapon

A

C: unlawful possession of firearm

After commiting a felony a person cannot carry a firearm at any location other than the premises at which the person lives. Still has to wait 5 years after the date he was release from confinement or probation.

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31
Q

Any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

A

Knife

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32
Q

intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;

A

. UNLAWFUL TRANSFER OF CERTAIN WEAPONS

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33
Q

means an agreement to win or lose something of value solely or partially by chance.

A

Bet

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34
Q

Definition of short barrel firearm: A shotgun with a barrel length of less than ___ inches or as altered with an overall length of less than ___ inches

A: 18; 26

B: 18; 24

C: 16; 16

D: 18; 24

E: 16; 26

A

A: 18; 26

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35
Q

43.26. Possession or Promotion of Child Pornography. Person knowingly or intentionally possesses, or knowingly and intentionally __________________, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct.

A

accesses with intent to view.

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36
Q

A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.

A

43.25. Sexual Performance by a Child.

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37
Q

A play, motion picture, dance or other exhibition performed before an audience. DEFENITION.

A

Performance.

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38
Q

A person is in possession of a burning tobacco product in an elevator. According to the Penal Code, what offense has been committed?

A: No offense

B: Smoking tobacco

C: Disorderly conduct

D: Criminal mischief

A

B: Smoking tobacco

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39
Q

means the number of grams of _______ per:

(A) 210 liters of ______;

(B) 100 milliliters of ______; or

(C) 67 milliliters of _____.

A

Alcohol Concentration

alcohol;

breath;

blood;

urine.

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40
Q

43.02. Prostitution. A person commits an offense if the person knowingly ____________________ from another to engage in sexual conduct.

A

offers or agrees to receive a fee.

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41
Q

MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In this section: (1) “Child” means a person younger than _____of age.

A

17 years

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42
Q

46.02 UCW

LRK

*Location-Restricted Knife - a knife with a blade over 5 ½ inches.

A
  • IKR + >18 and NOT
  • Owned / controlled premises
  • Inside of / en route to MV/H2OC OR
  • Direct supervision (parent/guardian)
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43
Q

43.26. Possession or Promotion of Child Pornography. Person knowingly or intentionally possesses, or knowingly and intentionally __________________, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct.

A

accesses with intent to view.

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44
Q

46.03. Places Weapons Prohibited. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a _______________: (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

A

location-restricted knife

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45
Q

means a vessel, one or more _________, an _________, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.

A

Watercraft

water skis

aquaplane

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46
Q

46.035. Unlawful Carrying of Handgun by License Holder. A license holder commits an offense if he intentionally, knowingly, or recklessly carries a handgun regardless of whether the handgun is concealed or carried in a shoulder or holster in the following premises or places.

A

on the premises of a business that ;

on the premises of a high school, collegiate, or professional sporting event or interscholastic event;

correctional facility;

hospital;

amusement park;

church;

civil commitment facility.

47
Q

A conceal license holder commits an offense if he intentionally displays the handgun in plain view of another person in a public place.

A

46.035. Unlawful Carrying of Handgun by License Holder.

48
Q

A person commits the offense of “Driving While Intoxicated with Child Passenger” if the vehicle being operated by the intoxicated driver is occupied by a passenger who is younger than _____ years of age.

A: 16

B: 15

C: 18

D: 17

E: 14

A

B: 15

49
Q

A completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage.

A

Improvised explosive device (IED)

50
Q

43.04. Aggravated Promotion of Prostitution. Knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses __________________.

A

two or more prostitutes.

51
Q

A license holder commits an offense if he intentionally displays the handgun in plain view of another person in a public place.

A

46.035. Unlawful Carrying of Handgun by License Holder.

52
Q

What offense does a person commit when he is a license holder and has a handgun while he is intoxicated.

A

46.035. Unlawful Carrying of Handgun by License Holder.

53
Q

Any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

A

Sexual contact.

54
Q

43.02. Prostitution. A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of __________________ with that person or another.

A

Engaging in sexual conduct.

55
Q

46.04. Unlawful Possession of a Firearm A person who has been convicted of a _______ commits an offense if he possesses a firearm.

A

Felony.

56
Q

Josh has a License to Carry and attends a UTSA football game with a conceal handgun. What offense does he commit if they never gave him effective notice under section 30.06.

A

Unlawful Carrying of Handgun by License Holder. No offense was committed since they fail to give effective notice under section 30.06.

57
Q

An automatic gun that fires bullets in rapid succession for as long as the trigger is press

A

Machine Gun.

58
Q

A person commits an offense if he:(2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate (DEF)?

A

Gambling

59
Q

“Club” means an instrument that is specially designed , made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes : (A)________; (B)________; (C)________; (D)________.

A

Blackjack; nightstick; mace; tomahawk.

60
Q

(a) A person commits an offense if the person appears in a public place while __________ to the degree that the person may endanger the person or another. (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. (b) It is a _______ to prosecution under this section that the _______ or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician.

A

Sec. 49.02. PUBLIC INTOXICATION.

intoxicated

defense

alcohol

61
Q

DEF? means an ________________ that is designed or adapted to be moved from one location to another and is not fixed at a single location.

A

Mobile Amusement Ride;

amusement ride

62
Q

43.25. Sexual Performance by a Child. A person commits an offense if, knowing the character and content thereof, he _______, _______ or _______a child younger than 18 years of age to engage in sexual conduct or a sexual performance.

A

employs, authorizes or induces.

63
Q

According to the Penal Code, which of the following is a “short barrel” firearm? A: A rifle with a 16-inch barrel B: A shotgun with an 18-inch barrel C: A shotgun with an overall length of less than 26 inches D: A rifle with an overall length of more than 26 inches

A

C: A shotgun with an overall length of less than 26 inches

64
Q

Knife with a blade over 5.5 inches

A

Location Restricted Knife.

65
Q

According to PC 47.03, a person who intentionally operated or participates in the earning of a gambling place has committed the offense of _________

A: keeping a gambling place

B: gambling

C: gambling promotion

D: bookmaking

A

C: gambling promotion

66
Q

You make a traffic stop on a person that is transporting a 26’’ rifle with a 16’’ barrel. What offense has been committed?

A: no offense

B: prohibited weapon

C: unlawful carrying weapon

D: unlawful transfer of certain weapons

A

A: no offense

67
Q

A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public _____ or ______ school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place.

A

primary; secondary;

68
Q

a person who intentionally, knowingly, or recklessly carries on or about themselves a handgun, illegal knife or club

A

Unlawful Carrying Weapons.

69
Q

A person, who is a handgun license holder, is carrying a concealed handgun on his person as he drives his automobile. He is stopped for speeding (Class C Misdemeanor). Besides the speeding offense, this person can be charged with.

A: places weapons prohibited

B: no other offense from this information given

C: unlawful carrying weapon

D: unlawful carrying of handgun by license holder

A

B: no other offense from this information given

70
Q

According to the Penal Code, which of the following is NOT covered in Section 46.02, “unlawful carrying weapons?”

A: Handgun

B: Shotgun

C: Club

D: location restricted knife

A

B: Shotgun

71
Q

To commit the offense of “public intoxication” the person must be in a public place, under the influence of some type of alcoholic beverage or any other substance, and ___________

A: be unable to walk or stand

B: be intoxicated

C: not be able to successfully complete the SFST’s

D: be a danger to themselves or others

E: must be affirmatively linked to an open container or alcoholic beverages

A

D: be a danger to themselves or others

72
Q

A device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

A

Chemical dispensing device

73
Q

47.03. GAMBLING PROMOTION. (a) A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the ______ of a gambling place; (2) engages in _______; (3) for ____, becomes a custodian of anything of value bet or offered to be bet; (4) sells _____ on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or (5) for gain, sets up or _______ any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.

A

1) earnings; 2) bookmaking; 3) gain; 4) chances 5) promotes

74
Q

Bob has a firearm following a family violence incident and is been only 2 years since the incident. What offense is Bob committing, if any? Bob was charged with a Class A misdemeanor.

A

Bob is committing an offense under 46.04. Unlawful Possession of Firearm since he has to wait until the 5th anniversary of release from confinement or the 5th anniversary from community supervision release date.

75
Q

43.22. Obscene Display or Prostitution. A person commits an offense if he intentionally or knowingly displays or distributes an obscene _______, _______, or _______ or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.

A

Photograph, drawing or similar visual representation.

76
Q

DEF?. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;

A

46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS

77
Q

Sec. 47.04_______. (a) A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.

A

KEEPING A GAMBLING PLACE.

78
Q

It is a _______under this section that: (1) the actor engaged in gambling in a_____ place; (2) no person received any ______ benefit other than personal winnings; and (3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.

A

defense to prosecution; private: economic

79
Q

a scheme by three or more persons to receive, record, or forward a bet or an offer to bet

A

Bookmaking

80
Q

Material or a performance that the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex.

A

Obscene.

81
Q

Sec. 46.03. PLACES WEAPONS PROHIBITED (PWP)

Firearm, LRK, Club, or Sec 46.05 prohibited weapon*

*explosive weapon;
machine gun;
short-barrel firearm; or
firearm silencer;
knuckles;
armor-piercing ammunition;
chemical dispensing device;
zip gun;
TDD (tire deflation device);
IED (improvised explosive device).

A

IKR

  • Edu/sponsored/conducted/transported UNLESS auth-d OR has LTC;
  • polling place/ early voting;
  • court;
  • racetrack;
  • TSA/airport;
  • 1,000 feet on a day at the place of execution + notice.
82
Q

Sec. 71.01. DEFINITIONS

(d) “_____ _____ _____” means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.

A

Criminal street gang

83
Q

Knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.

A

43.04. Aggravated Promotion of Prostitution.

84
Q

a device, including a caltrop or spike strip, that when driven over, stops the movement of a wheeled vehicle by puncturing one or more of the tires

A

Tire Deflation Device

85
Q

46.04. Unlawful Possession of a Firearm A person who has been convicted of a felony commits an offense if he possesses a firearm:

A

after conviction and before the 5th anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision (probation), which ever date is later.

86
Q

Any device designed, made, or adapted to muffle the report of a firearm.

A

Firearm silencer.

87
Q

46.02. Unlawful Carrying Weapons. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a ______ or ______; and (2) is not: (A) on the person’s own premises or premises under the person’s control; or (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.

A

handgun; club.

88
Q

a rifle with a barrel length of less than 16 inches or a shotgun less than 18 inches or any weapon made from a shotgun with a length of less than 26 inches

A

Short-barrel firearm

89
Q

46.02 UCW

HANDGUN or CLUB

A
  • IKR* + NOT
  • Owned/controlled premises
  • Inside of/en route to MV/H2OC**

*Intentionally, Knowingly, Recklessly
** Watercraft

90
Q

A person commits an offense if he intentionally or knowingly does any of the following acts: (5) for gain, sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.

A

Gambling Promotion

91
Q

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a location-restricted knife (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a location-restricted knife is used in the event; (3) on the premises of a correctional facility; (4) on the premises of a hospital or on the premises of a nursing facility, unless the person has written authorization of the hospital or nursing facility administration, as appropriate; (5) on the premises of a mental hospital, unless the person has written authorization of the mental hospital administration; (6) in an amusement park; or (7) on the premises of a church, synagogue, or other established place of religious worship.

A

46.03. Places Weapons Prohibited.

92
Q

Driving While Intoxicated with Child Passenger is a A: Class A Misdemeanor B: Third Degree Felony C: State Jail Felony D: Class B Misdemeanor

A

C: State Jail Felony

93
Q

includes, but is not limited to, ________ versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits

A

Gambling Device

94
Q

Any firearm that is designed, made, or adapted to be fired with one hand.

A

Handgun.

95
Q

A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the earnings of a gambling place; (2) engages in bookmaking; (3) for gain, becomes a custodian of anything of value bet or offered to be bet;

A

Gambling promotion

96
Q

Sec. 71.01. DEFINITIONS.

(a) “________” means three or more persons who collaborate in carrying on criminal activities, although:
(1) participants may not know each other’s identity;
(2) membership in the combination may change from time to time; and
(3) participants may stand in a wholesaler-retailer or other arm’s-length relationship in illicit distribution operations.

A

Combination

97
Q

A person, not the operator, knowingly possesses an open container (of alcohol) in a passenger area of a motor vehicle that is located on a public highway. According to the Penal Code, the person has committed the offense of _________

A: Public Intoxication

B: Possession of alcoholic beverage in motor vehicle

C: Driving while intoxicated

D: Open container

A

B: Possession of alcoholic beverage in motor vehicle

98
Q

Bob has a firearm following a family violence offense and is been only 2 years since the incident. What offense is Bob committing, if any? Bob was charged with a Class A misdemeanor after the incident and is still in probation.

A

Bob is committing an offense under 46.04. Unlawful Possession of Firearm since he has to wait until the 5th anniversary of release from confinement or the 5th anniversary from community supervision release date.

99
Q

Which of the following weapons would be classified as short barrel firearms?

A: a shotgun with an 18 inch barrel; 25 inches overall length

B: shotgun with a 19 inch barrel; 25 inches overall length

C: shotgun with a 17 inch barrel; 36 inches overall length

D: all of the weapons listed are short barrel firearms

E: none of the listed weapons are short barrel firearms

A

D: all of the weapons listed are short barrel firearms

100
Q

A person commits an offense if a child gains access to a readily______ firearm and the person with criminal negligence: (1) failed to secure the firearm; or (2) left the firearm in a place to which the person knew or should have known the child would gain access.

A

dischargeable

101
Q

You are assigned to the Travis County Livestock Show and Rodeo as a uniformed foot patrolman. You observe a man and woman engaged in a loud heated argument. You identify yourself and request identification from both parties. The male drops his Texas License to Carry a Handgun and is armed. However, he is also intoxicated. What charges may be filed if any?

A

Unlawful Carry of a Handgun by a License Holder

102
Q

46.035. Unlawful Carrying of Handgun by License Holder. A license holder commits an offense if he intentionally, knowingly, or recklessly carries a handgun regardless of whether the handgun is concealed or carried in a shoulder or holster in the following premises or places.

A

on the premises of a business; on the premises of a high school, collegiate, or professional sporting event or interscholastic event; correctional facility; hospital; amusement park; church; civil commitment facility.

103
Q

According to PC 43.03, a person (not the prostitute) who knowingly solicits another to engage in sexual conduct with another person (a prostitute) for compensation commits the offense of _______

A: prostitution

B: promotion of prostitution

C: aggravated promotion of prostitution

D: compelling prostitution

A

B: promotion of prostitution

104
Q

any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles

A

Knuckles.

105
Q

means a device in, on, or by which a person or property is or may be __________ or drawn on a highway, except a device used exclusively on stationary ______ or ________.

A

Motor Vehicle

transportation

rails tracks

106
Q

Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG.

(1) “Child” means an individual younger than ___ years of age.

A

17

107
Q

Sec. 46.03. PLACES WEAPONS PROHIBITED (PWP)

Location Restricted Knife

A

IKR

  • 51% or on-premises alcohol (bars);
  • sporting event (esp. edu) UNLESS participant + LRK used;
  • correctional facility;
  • hospital, nursing facility
  • mental hospital;
  • amusement park;
  • religious worship.
108
Q

(a) A person commits an offense if the person is intoxicated while operating a ____________ in a public place. (b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class ___ misdemeanor, with a minimum term of confinement of ___ hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an ________________ of alcohol in the person’s immediate possession, the offense is a Class ___ misdemeanor, with a minimum term of confinement of ____ days. (d) If it is shown on the ______ of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of _____ or more at the time the analysis was performed, the offense is a Class ___ misdemeanor.

A

Sec. 49.04. DRIVING WHILE INTOXICATED. a) motor vehicle b) B 72 c) open container B six d) trial 0.15 A

109
Q

Josh has a License to Carry and attends a UTSA football game with a conceal handgun. What offense does he commit if they never gave him effective notice under section 30.06.

A

Unlawful Carrying of Handgun by License Holder. No offense was committed since they fail to give effective notice under section 30.06.

110
Q

Sec. 46.03. PLACES WEAPONS PROHIBITED (PWP)

DEFENSES (otherwise F3o*)

*Felony of 3rd Degree (except LRK - Class C)

A

Military, penal, court, PI/PS (private investigator, private security)

  • official duties
  • travelling (uniform: plain view; non-uniform: concealed)

Airport:

  • Checked luggage
  • LTC - TSA - notice - exit (no arrest)

NO defense: go to PWP with LTC

111
Q

DEF? means a __________________ that carries passengers along, around, or over a fixed or restricted course or within a defined area for the purpose of giving the passengers __________, pleasure, or excitement.

A

Amusement Ride

mechanical device

amusement

112
Q

46.03. Places Weapons Prohibited. Intentionally, knowingly, or recklessly possesses or goes with a firearm, location restricted knife, club, or prohibited weapon:

A

1) on the physical premises of a school or educational institution (pursuant written regulations/ the person possesses or goes with a concealed handgun) 2) higher education center 3) premises of a polling place 4) Government court 5) Racetrack 6) airport 7) within 1000ft of Texas Department of Criminal Justice on the day an execution is taking palce

113
Q

A weapon capable of firing a projectile using a confined explosive as a propellant.

A

firearm.

BPOC Study Material 2 (31 decks)

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