Penal Code Test Practice Flashcards
Term that means to copy an original document when no such original existed.
32.21 Forgery
Appearing in public under influence of alcohol – danger to himself/others.
49.02 Public Intoxication
In Injury to a Child, what age is considered to be a child?
22.04 Child means person 14 years of age or younger.
What is Habitation?
30.01 Structure or vehicle that is used for overnight accommodation of persons including each separately secured/occupied portion of a structure/vehicle and each structure connected with the structure or vehicle
What’s the minimum legal barrel length of a shotgun?
46.01 18 inches.
What’s the minimum legal barrel length of a rifle?
46.01 16 inches
What is Bodily Injury?
1.07 physical pain, illness, or any impairment of physical condition.
What weapons are prohibited?
46.05 An explosive weapon A machine gun Short barrel firearm Firearm Silencer Knuckles Armor-Piercing ammo Chemical Dispensing Device Zip Gun Tire Deflation Device
What is the insanity defense?
It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.
What is the mistake of fact defense?
It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
What is the mistake of law defense?
It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect. (b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon: (1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or (2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question. (c) Although an actor’s mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.
What is the intoxication defense?
Voluntary intoxication does not constitute a defense to the commission of crime. (b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried. (c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section. (d) For purposes of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.
What is the Duress defense?
(a) It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another. (b) In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force. (c) Compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure. (d) The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion. (e) It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.
What is the Entrapment defense?
It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. (b) In this section “law enforcement agent” includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.
What is the Age affecting Criminal Responsibility defense?
A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except: (1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath; (2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail; (3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state; (4) a misdemeanor punishable by fine only; (5) a violation of a penal ordinance of a political subdivision; (6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older; or (7) a capital felony or an offense under Section 19.02 for which the person is transferred to the court under Section 54.02( j)( 2)( A), Family Code. (b) Unless the juvenile court waives jurisdiction under Section 54.02, Family Code, and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution, a person may not be prosecuted for or convicted of any offense committed before reaching 17 years of age except an offense described by Subsections (a)( 1)—( 5). (c) No person may, in any case, be punished by death for an offense committed while the person was younger than 18 years. (d) Notwithstanding Subsection (a), a person may not be prosecuted for or convicted of an offense described by Subsection (a)( 4) or (5) that the person committed when younger than 10 years of age. (e) A person who is at least 10 years of age but younger than 15 years of age is presumed incapable of committing an offense described by Subsection (a)( 4) or (5), other than an offense under a juvenile curfew ordinance or order. This presumption may be refuted if the prosecution proves to the court by a preponderance of the evidence that the actor had sufficient capacity to understand that the conduct engaged in was wrong at the time the conduct was engaged in. The prosecution is not required to prove that the actor at the time of engaging in the conduct knew that the act was a criminal offense or knew the legal consequences of the offense.
What is the Child with Mental Illness, Disability or Lack of Capacity defense?
On motion by the state, the defendant, or a person standing in parental relation to the defendant, or on the court’s own motion, a court with jurisdiction of an offense described by Section 8.07( a)( 4) or (5) shall determine whether probable cause exists to believe that a child, including a child with a mental illness or developmental disability: (1) lacks the capacity to understand the proceedings in criminal court or to assist in the child’s own defense and is unfit to proceed; or (2) lacks substantial capacity either to appreciate the wrongfulness of the child’s own conduct or to conform the child’s conduct to the requirement of the law. (b) If the court determines that probable cause exists for a finding under Subsection (a), after providing notice to the state, the court may dismiss the complaint. (c) A dismissal of a complaint under Subsection (b) may be appealed as provided by Article 44.01, Code of Criminal Procedure. (d) In this section, “child” has the meaning assigned by Article 45.058( h), Code of Criminal Procedure.
What is Effective Consent?
includes consent by a person legally authorized to act for the owner.
What is Unlawful Restraint?
20.02 When an actor intentionally or knowingly restrains another person.
What is it when you kidnap someone?
20.03 A person commits an offense if he intentionally or knowingly abducts another person.
What is an ACT?
1.07 Movement whether voluntary or involuntary and includes speech.
What is an OMISSION?
1.07 Failure to Act
What is Intentionally?
6.03 A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
What is Knowingly?
6.03 A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
What is Recklessly?
6.03 A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
What is Negligently?
6.03 A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
What are 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?
71.01 Criminal Street Gang
What charge is discharging a firearm on a public road?
42.01 Disorderly Conduct
How many people are legally required to form a riot and what IS a riot??
- 02 Seven.
(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 of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.
A person commits an offense if he knowingly participates in a riot.
What is the burden of proof in a criminal case?
2.01 Proof Beyond a Reasonable Doubt
What does Deadly Weapon mean?
1.07 A weapon capable of causing death or SBI
What is Possession of property?
1.07 actual care, custody, control, or management.
What is the definition of Kidnapping?
20.03 Intentionally or knowingly abducting another person.
What is the definition of Unlawful Restraint?
20.02 Intentionally or knowingly restrains another person.
What is Criminal Attempt?
15.01 with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt. (c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed. (d) An offense under this section is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.
