TX Penal Code Flashcards
What is the fine for felony punishment for criminal mischief is?
$2,500 or more
Felony punishment of 5-99 years in prison or life and maybe a fine 0-$10k
1st Degree
Felony punishment of…2-20 years in prison and maybe fine of 0-$10k
2nd Degree
What type of felony is committed if, while evading arrest or detention, a person causes the death of someone?
2nd Degree
Felony punishment of….2-10 years in prison and maybe a fine 0-$10k
3rd Degree
What type of felony is committed if, while evading arrest or detention, a person causes serious bodily injury?
3rd Degree
An actor who is a member of the family or if a child younger than 17 dies or was seriously injured as a result of finding a gun in the house, police have to wait _____ before there is an arrest.
7 days
persons who have care, custody, or control of a child younger than _____ years commits an offense if they intentionally abandon a child in any place under circumstances that expose the child to an unreasonable risk of harm
15
Texas states that a person under ____ may NOT be prosecuted except….
15 years
The barrel length for a short barrel firearm is less than ___ inches for a shotgun, and less than ___ inches for a rifle, or an overall length of less than ___ inches.
18, 16, 26
How far does a person have to be from a facility or cemetery to protest a funeral service?
1000 feet
This definition means to leave a child in any place without the necessary care.
Abandon
Ms. Yolanda takes her six month old daughter and places her in a box and then places the box in a dumpster. Ms. Yolanda then leaves the crying child never returning. Ms. Yolanda can be charged with what?
Abandoning or endangering a child
What offense is committed when a person intentionally abandons a child younger than 15?
Abandonment
To restrain a person with the intent to prevent his liberation is?
Abduct
A person who illegally sells a corpse’s body parts can be charged with what crime?
Abuse of a corpse
A public servant can be charged with this crime if he, with intent to obtain benefit, intent to harm or defraud, knowingly violates the law or misuses government property or personnel.
Abuse of official capacity
This means any bodily movement
Act
Known as the suspect or bad guy who is criminally responsible.
Actor
The term possession means?
Actual care, custody, control, management
The defense of ‘duress’ is what?
Affirmative Defense
What type of defense can a police officer charged with making a firearm accessible to a child, present if his 10 year old son found his gun and shot it accidentally at the dog?
Affirmative Defense
What offense is committed when a person commits an assault and uses or exhibits a deadly weapon?
Aggravated Assault
A peace officer responds to a disturbance call and finds a young couple fighting on the sidewalk. The officer attempts to breakup the fight when a third person attacks the officer with a club. The officer suffers a broken hand and lacerations. What crime has the third person committed?
Aggravated Assault
A person assaults a peace officer because the officer filed charges against the individual. The person has committed?
Aggravated Assault
A man points a gun at a woman’s head and forces her into his car. He drives to a secluded cabin in the woods where he intends to hold the woman for a ransom. The man has committed what crime?
Aggravated Kidnapping
Joe takes Robin, age 6, away from Robin’s house. Joe is not related to Robin. When Joe is stopped because of an Amber Alert, he and Robin are in Joe’s van, and Joe is found writing a ransom demand. Joe will be charged with?
Aggravated Kidnapping
A person who commits perjury, while the statement is being made in court and, is material (meaning the statement will affect the outcome of the official proceeding.)
Aggravated Perjury
A pimp manages five prostitutes on south man. What crime?
Aggravated promotion of prostitution
Chet goes into Harry’s Hardware, produces a stainless steel .44 magnum, and demands all of the money in the safe. The proper criminal offense Chet should be charged with is?
Aggravated Robbery
This crime is committed when a person causes serious bodily injury by using or exhibiting a deadly weapon or; causes bodily injury or threatens bodily injury to an elderly or disabled person.
Aggravated Robbery
A person commits an offense if with intent or knowingly causes serious bodily injury or attempts to cause death of another while commuting a sex act.
Aggravated Sexual Assualt
A person who participates in a gang rape; uses a deadly weapon; places fear in another or a 3rd party; or uses a specific date rape drug has committed what?
Aggravated Sexual Assault
Joe secretly administers Rophynol to an 83 year old grandmother and has sex with her while she is semi-conscious. What offense has he committed?
Aggravated Sexual Assault
This type of offense is a Class C misdemeanor if things go wrong while the actor is helping with intent to promote or assist another in committing suicide.
Aiding Suicide
Paris wants to kill herself and decides to take an overdose of sleeping pills. Wanting to help, Nicole gives Paris a bottle of sleeping pills. Paris takes the pills but doesn’t die under TX law, what crime has Nicole committed?
Aiding Suicide
Jerry has a concealed handgun license and that allows him to carry his handgun anywhere except which of the following?
US Post Office
Polling place on election day
Federal Court
All of the above
Conduct does not constitute an offense unless it is defined as an offense by ____
Municipal
Ordinance
Statute and order of county commissioners court
All of the above
A person other than an actor.
Another
What type of entry is required for “Burglary of a vehicle?”
Any part of the body or anything attached to the body reaches inside the vehicle.
To bring about a transfer or to acquire control over property.
Appropriate
A person who starts a fire or causes an explosion with intent to damage or destroy should be charged with?
Arson
What offense is committed when a person starts a fire with intent to destroy or damage any vegetation, fence or structure?
Arson
A person intentionally threatens another with imminent bodily injury is guilty of?
Assault
What crime is committed when a person intentionally, knowingly, or recklessly causes bodily injury to another or intentionally or knowingly threatens another with bodily injury?
Assault
A person commits an offense if he threatens another with imminent bodily injury including the person’s spouse is what?
Assault
A person commits an offense if he intentionally knowingly or recklessly causes bodily injury to another including the person’s spouse.
Assualt
If a person who is lawfully released from custody, with or without bail, intentionally or knowingly fails to appear in court.
Bail jumping and failure to appear
Which of the following upgrades the crime or robbery to aggravated robbery?
A. Threat of bodily injury
B. Causes serous bodily injury
C. Exhibits but does not use a deadly weapon
D. B & C only
B & C only
Anything reasonably regarded as economic gain or advantage
Benefit
What is the standard of proof required for the State to prove guilt?
Beyond a reasonable doubt.
Physical pain, injury, illness, or any impairment of physical condition.
Bodily injury
Under the Texas penal code, crimes are designated as:
A. Felonies
B. Misdemeanors
C. Infractions
D. A and B Only
A & B Only
What is required for the defense of “insanity”?
A. Defendant must show he suffered from a severe mental disease or defect.
B. If the crime is committed by the conduct of another for whom he is criminally responsible
C. Both A & B
Both A & B
When is a person, sometimes referred to as a ‘party’, deemed by the law as criminally responsible?
A. If the crime is committed by his own conduct
B. If the crime is committed by the conduct of another for whom he is criminally responsible
C. Both A & B
Both A & B
A person commits this offense if he intentionally or knowingly agrees to or agrees to accept any benefit as consideration in a recipient’s decision; a judicial proceeding or; any benefit from a public servant
Bribery
Any structure or enclosure intended for use or occupation as a habitation is?
Building
A person who remains concealed in a habitation or building with intent to commit a felony, theft, or assault has committed what offense?
Burgalry
What offense is committed when a person enters a habitation or building that isn’t open to the public, with intent to commit a felony, theft, or assault?
Burgalry
A man breaks into a woman’s apartment with the intent to sexually assault her. What crime?
Burgalry
While walking by a parked vehicle, a man notices a watch laying on a dash. The window is down so he didn’t force entry. He reaches through the open window and takes the watch. What crime?
Burglary of a vehicle
A person who uses any part of his body to break into or enter a vehicle, or any motor vehicle with intent to commit a felony or theft has broken what law?
Burglary of a vehicle
Punishment of….life without parole in prison or death.
Capitol felony
Following a conviction, the actor retaliates against a witness and causes the death of the witness against him. The actor can be charged with?
Capital murder
A man is stealing a car parked in the owner’s driveway. During the theft, the owner comes out of the house and yells at the thief to stop. The thief pulls out a gun, shoots and kills the owner. What crime?
Capital murder
Which of the three misdemeanors are the highest:
Class A, B, C, or D?
Class A
A fine no more than $4k; jail time not more than 1 year; or both
Class A
Evading arrest or detention starts off as what type of punishement?
Class A Misdemeanor
Punishment of… Fine 0-$2k; jail time not more than 180 days; or both.
Class B Misdemeanor
In aiding suicide, if the accused conduct causes suicide or results in serious bodily injury, the accused will be charged with a state jail felony; however, if no injury occurs. The classification will be ?
Class C Misdemeanor
Punishment of…fine only 0-$500
Class C Misdemeanor
A blackjack, nightstick, mace or tomahawk
Club
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 best describes:
A. Baseball bat
B. Baton
C. Club
D. Deadly weapon
Club
This type of bribery is done by coercion, force or threat
Coercion of a public servant or voter
A person who knowingly; uses force, threatens someone to prostitute or, causes a child under 18 years old to prostitute commits what offense?
Compelling prostitution
____ has to be defined as an offense by:
Statute
Municipal ordinance
Order of county commissioner court
Rule
Conduct
___ does not constitute a crime unless it is defined and lawfully adopted under a statute.
Conduct
An act or omission and it’s accompanying mental state
Conduct
An assest in fact
Consent
When 2 or more persons agree to commit a murder and one of them performs an overt act that goes toward accomplishing the murder, what crime has been committed?
Conspiracy
A person who agrees with 1 or more people to engage in conduct that with constitute an offense to perform an overt act does what?
Conspires to commit
A place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense
Correctional facility
This means any decree, judgement, order, subpoena, warrant, minutes, or other document issues by a court
Court record
A woman steals a credit card with the intent to use it but is arrested before she can use it. What crime?
credit/debit card abuse
A person commits abuse if he, with intent presents or uses the card with knowledge to obtain without effective consent of the cardholder
Credit or debit card abuse
A person with intent who prepares to commit a crime but fails can be charged with?
Criminal attempt
A person with intent to commit a felony, who makes an agreement with 1 or more persons openly to commit a crime can be charged with what?
Criminal conspiracy
A commission of two or more offenses under circumstances of either the same transaction with a common scheme or plan; and a repeated commission of the same or similar offense
Criminal episode
When a person unlawfully causes the death of another
Criminal homicide
A person commits an offense if he causes the death of an individual by criminal negligence
Criminally negligent homicide
A person is ___ as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible or both.
Criminally responsible
3 men, using chalk, make markings on a wall along a public street. What crime?
Criminal mischief
A person who intentionally or knowingly makes marks; or tampers with and causes financial loss or inconvenience of the property of the owner or another
Criminal mischief
A man enters his next door neighbor’s unfenced yard and kills his neighbor’s pigs, which are in a pig pen. What offense, if any, did the man commit?
Criminal mischief
A woman parks her Mercedes sedan at Greenspoint Mall and goes shopping. Upon her return, she discovers that someone has taken a sharp object and scratched the paint on the side of her vehicle. What crime?
Criminal Mischief
If w/o the effective consent of the owner, Billy puts toilet paper in the trees. Billy didn’t damage any property, but Mr. Cuteone was enraged by the act, which he had to clean up. What offense has Billy committed?
Criminal mischief
A person intentionally kills a horse belonging to his neighbor w/o the neighbor’s consent. What crime?
Criminal mischief
This type of mental state occurs when the suspect is not aware of the risk but should be aware of the risk(s)
Criminal negligence
A father who’s mental state was ___ can be charged with ‘making a firearm accessible to child’ if he failed to secure his firearm and his 8 year old niece found his firearm in his closet not locked in a safe.
Criminal negligence
What crime is committed when a person intentionally or knowingly fails to provide support that he can provide and that he was legally obligated to provide for is children younger than 18?
Criminal non support
A person commits an offense if, with intent to commit a capital felony or 1st degree felony, requests, commands or tries to induce another to commit a crime can be charged with what?
Criminal solicitation
When 3 or more people associate in the commission of criminal activities, they are considered as what?
Criminal street gang
This offense has no mental state. When a person enters or remains on or in property of another w/o consent this is?
Criminal trespass
On a cold rainy night you answer an alarm call to a bar. All doors and windows are locked and secure. When the owner arrived and opens the door you enter. As you are walking towards the back a guy who appears to be drunk, walks out the restroom claiming he fell asleep and woke up a few min. ago. The criminal offense is?
Criminal trespass
A person uses a black cat as a sacrifice at a cult meeting what crime?
Cruelty to non livestock animals
Ray Rich is celebrating the 4th of July by firing hi 30-06 hunting rifle. During his celebration several bullets penetrate the exterior of the neighbor’s mobile home, where several people are inside. Rich is arrested and charged with___
Deadly conduct
What charge will be filed if a person knowingly discharges a firearm at people or recklessly at a vehicle or habitation?
Deadly conduct
What offense is committed when a person recklessly engages in conduct that places another in serious danger of serious bodily injury?
Deadly conduct
A man points a firearm at another man. What crime?
Deadly conduct
A firearm or anything designed, made, or adapted for the purpose of inflicting death or serious bodily injury
Deadly weapon
The failure to be born alive including an unborn child
Death
The defense of “entrapment” is what?
A defense
The defense of “mistake of fact” is what?
Defense
What is the meaning of: to withhold property permanently or for a long period of time from the owner?
Deprive
In order to obtain a conviction for theft you must prove that the suspect intended to?
Deprive the owner of the property
3 purposes of the Penal Code
Deterrence
Rehabilitation
Punishment
Any contact between any part of the genitals of one person and the mouth or anis of another is?
Deviate sexual intercourse
A person who recklessly discharges a firearm in a city more than 100k people can be charged with what?
Discharge of firearm in certain municipalities
A person who intentionally or knowingly, uses indecent, profane language in a public place if by its utterance may incite an immediate breach of peace can be charged with what crime?
Disorderly conduct
If 2 people are fighting in a public place, both can be charged with what?
Disorderly conduct
A person who moons a crowd in a public place and is reckless about if others are alarmed can be charged with what?
Disorderly conduct
If with intent, a person disrupts a PTA meeting can be charged with what?
Disrupting a meeting or procession
A crowd is gathered at a warehouse to watch two pit bulls fighting one another. Those in attendance are placing bets on which dog will win the fight. The most apporopriate crime to arrest for is?
Dog fighting
If a 1 hour photo shop sees photos of an older man having sex with 2 much younger teenage looking females he has the. ___ the images that were printed?
Duty to report
A person who is intoxicated while operating a motor vehicle in a public place can be charged with what?
DWI
If a person is driving while intoxicated operating a motor vehicle with a child younger than 15 in the car can be charged with what?
DWI with a child passenger
This forbids conduct; required culpability; required result and negation of any exception to the offense is?
Element of offense
This crime is committed if a person employs or induces a child to work in a sexual oriented activity or; a place making the child work either nude or topless
Employment harmful to children
What offense is committed when a person, by act or omission, places a child younger than 15 in imminent danger of death, bodily injury, or physical or mental impairment?
Endangerment
A person who, with intent to manufacture, transport, repair, or sell prohibited weapons or dangerous drugs can be charged with?
Engaging in organized criminal activity
A person who, with intent to establish, maintain, or participate in or is a member of a criminal street gang, who conspires to commit robbery can be charged with what?
Engaging in organized criminal activity
Which of the following is not an element of burglary?
A. Enters a building
B. W/O effective consent of the owner
C. Intent to commit a felony, theft, or assault
D. Breaks into building
Enters a building
This is the intrusion of the entire body during criminal trespassing?
Entry
The unauthorized departure from custody or failure to return to custody following a temporary leave for a specific purpose best defines which crime?
Escape
A peace officer attempts to arrest a suspect but before he can get his hands on the suspect the suspect runs away. What crime has the suspect committed by running off?
Evading arrest
A person who intentionally flees from the cops after he has been lawfully arrested commits what crime?
Evading arrest or detention
What is anything offered in court to prove the truth or falsity of a fact in issue
Evidence
An affirmative defense to prosecution
Excuses criminal responsibility if the defense is proven by a preponderance of the evidence
What offense has a person committed if the person gives a peace officer a false or fictitious date of birth after he has been lawfully arrested?
Failure to identify
A person who is lawfully arrested; lawfully detained, or the peace officer has good cause to believe this person is a witness to a crime, provides you with false identifiers, commits what crime?
Failure to identify
A man is arrested. When asked to identify himself, he gives the peace officer a false date of birth. What crime has been committed?
Failure to identify
A person can be charged with this offense if he: observes or fails to immediately report the commission of a felony
Failure to report a felony
A public servant who fails to report, fails to file, or fails to include facts in a filed report on the death of an incarcerated individual commits what crime?
Failure to report death of prisoner
A person commits this offense if he, fails to assist or immediately report the aggravated sex crime to the police of a child younger than 17 years old; or see the crime or the attempted crime.
Failure to stop or report aggravated sexual assault of a child
True or False: A group of friends celebrating during a bachelorette party are drinking Hennessy in the back of their paid limousine. The limo driver, if pulled over, can be charged with possession of alcohol in motor vehicle even though he’s not drinking.
False
True or False: A person is able to carry a firearm in a racetrack
False
True or False: Voluntary intoxication does constitute a defense to the commission of a crime
False
True or False: In determining whether a victim has suffered bodily injury, it must be established that the injury was life-threatening
False
True or False: A convicted felon, after 4 years being released from prison, can carry a weapon inside his home.
False (5 Years)
A person who knowingly, initiated a report that they knew was false in order to cause action by an official, place, someone in fear of imminent serious or bodily injury or; prevent occupation of a building commits what crime?
False alarm or report
True or False: Texas has civil jurisdiction
False (Texas has jurisdiction over criminal conduct)
A crime so designed by law or punishable by death or confinement in a penitentiary
Felony
Punishment for criminal mischief can be either?
Felony or misdemeanor
A bank, trust company, credit union, etc. are examples of what?
Financial Institution
Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion
Firearm
An adult cannot give a child under 18 years old a, ___, ____, or ___
firearm, club, illegal knife
This definition means: to intentionally forge a writing to defraud or harm another.
Forgery
William finds a checkbook lying on the side of the road, William goes to a local bank and attempts to cash a check by writing the name that is printed on the check and pretending he is that person. What crime is committed?
Forgery
A person commits this offense if, with intent to defraud or harm, he destroys, removes conceals, alters, or substitute another. I.E. switching price tags on items at a retail store.
Fraudulent destruction, removal, or concealment of writing
This is a person who has a valid arrest warrant issued
Fugitive from justice
If a person engages in picketing a funeral procession at a funeral home. He can be charged with what?
Funeral service disruption
A person who engages in professional gambling by selling chances on various football games commits what?
Gambling promotion
A person who intentionally or knowingly makes Permanent markings against the property owner
Graffiti
3 men, using an aerosol paint can, spray paint a wall along a public street. What crime has been committed?
Graffiti
What is a structure or vehicle that is adapted for the overnight accommodation of persons?
Habitation
A person can be charged with unlawful transfer of certain weapons, if he provides a ___ to his friend who he knows is about to rob a 711.
Handgun
A person who with intent to harass, annoys, alarms, abuses, torments, or embarrasses another can be charged with what crime?
Harassment
Anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
Harm
A person has committed the offense of ___ if he intentionally prevents or obstructs a person he knows is a peace officer from effecting an arrest or search by using force against the peace officer.
Hindering apprehension
A 12 year old child escapes from a detention facility and runs to her father’s house. The father hides the child from the authorities. What crime?
Hindering arrest
A person commits this offense if he intentionally hinders an official proceeding by noise or violent behavior.
Hindering proceeding by disorderly conduct.
What crime is committed if a person, with intent, harbors or conceals another; aids another with any means of avoiding arrest, or warns another of a pending arrest?
Hindering prosecution
A person who knowingly with intent, possesses a hoax bomb with intent to use it and make another believe it’s a bomb can be charged with what?
Class A Misdemeanor
A device that reasonable appears to be an explosive device.
Hoax bomb
A knife with a blade over 5 1/2 inches long is what?
Illegal knife
A person commits this crime if, with intent, he impersonates a public servant
Impersonating a public servant
A convicted or confined felon who was convicted of a sex crime against a child younger than 17 years old, contacted the victim via mail without the parents consent. What crime?
Improper contact with victim
The actor privately tries to influence the outcome of a judiciary proceeding with intent towards a public servant
Improper Influence
A public servant who intentionally engages in sexual activity with an individual who is incarcerated commits what offense?
Improper sexual activity
A 35 year old man pulls down his pants an exposes his genitals to his neighbor’s 12 year old daughter. What crime has been committed?
Indecency with a child
A person who commits an offense if he exposes his anus or any part of the genitals with intent or recklessly to arouse or gratify the sexual desire of any person.
Indecent exposure
An alive human being including an unborn child
Individual
A person commits an offense if, using all four mental states, causes serious bodily injury, bodily injury, or serious mental deficiency to a child younger than 14.
Injury to a child
A mother holds her 4 year old daughter’s hand on a hot stove because the child was crying. The child’s hand is severely burned. What crime?
Injury to a child
A woman is left to care for her handicapped uncle. The uncle is unable to care for himself because of an old war injury suffered in the Vietnam war. The frustrated woman burns the handicapped veteran with boiling water because he urinated on himself. What crime?
Injury to a child, elderly individual, or disable individual
This type of mental state is when a criminal has a conscious objective or desire to engage or cause the result of the conduct
Intent
What are 4 mental states
Intent
Knowledge
Recklessness
Criminal Negligence
What are 3 kinds of murder
Intent to kill
Intent to cause serious bodily injury
Felony murder
A divorced father moves out of state with his 12 year old son w/o having legal custody and w/o the mother’s permission. What crime?
Interference with emergency request for assistance
This criminally negligent crime is committed if a person interrupts, disrupts a cop from performing a duty
Interference with public duties
The phrase explains: conduct that occurs in an attempt + during the commission + in immediate flight
In the course of committing theft
A person who blows a 0.08 or more is considered as?
Intoxicated
Voluntary intoxication DOES NOT constitute a defense
Intoxication
A person who, by accident or mistake, causes serious bodily injury to another while driving intoxicated can be charged with what?
Intoxication Assault
A person who, by accident or mistake, causes the death of another while driving intoxicated can be charged with what?
Intoxication manslaughter
What type of entry is necessary in the crime of burglary?
Intrusion of any part of the body or physical object attached to the body
The crime is committed when a person writes a check even though there isn’t enough money in the bank. However, there is a 10 day grace period
Issuance of a bad check.
A person who intentionally or knowingly abducts another person.
Kidnapping
This type of mental state occurs when the criminal is aware of the nature of his conduct or the circumstances that exist
Knowledge
A busy mother leaves her 11 year old child unattended in her car while she goes in a store for about 15 min. When she returns, she and the child go about their day, the child is not injured. What criminal charge, if any, could be filed against the mother?
Leaving a child in vehicle
What offense is committed when a child younger than 7 for more than 5 min. is left alone in a vehicle and nobody over 14 is in the car?
Leaving child in vehicle
If a child gains access to a readily dischargeable firearm and a person with criminal negligence failed to secure that firearm, what crime has been committed?
Making a firearm accessible to a child
A uniformed peace officer is recklessly shot and killed by a distraught husband while trying to settle a domestic dispute, what crime has the husband committed?
Manslaughter
Accomplices to crimes
May be charged and convicted for the same crime as the principal offender
A crime punishable by a fine, or confinement in jail, or both
Misdemeanor
It is an affirmative defense that the actor reasonably believed the conduct charged did not constitutive a crime
Mistake of law
A public servant can be charged with what if he:
tries to benefit from official info. aids another by providing official info. or; a school tries to hide info. from law enforcement agency?
Misuse of official information
For the crime of ‘leaving a child in a vehicle’ to be committed, how long must the child be left in the vehicle?
More than 5 minutes
A person who intentionally or knowingly causes the death of an individual; intends to cause serious bodily injury and commits an act clearly dangerous to human life is what?
Murder
2 men are in a bar arguing when one of the men begins to talk about the other’s mother in a demeaning sexual way. Enraged, the man pulls out a knife and kills the man. The most serious proper crime to arrest for is?
Murder
A man walks into a bank, pulls a gun on the teller and demands money. Seeing police arrive outside as he’s leaving, the robber grabs a teller and uses her as a shield to assist his escape from the scene. The teller suffers a heart attack and dies. Beside the robbery, what crime has the robber committed?
Murder
What are the 4 types of criminal homicide
Murder
Capital Murder
Manslaughter
Criminally Negligent Homicide
An officer walks into a public restroom and sees two males kissing. What charges may be filed?
No charges may be filed.
A 6 year old has been left in a vehicle with his 14 year old brother. What crime has been committed?
No crime has been committed.
What makes criminal trespass criminal?
Notice
An affirmation
Oath
A person who intentionally, knowingly, or recklessly obstructs or; disobeys a request to move while on a public passageway commits what crime?
Obstructing highway or other passageway
A person who intentionally or knowingly threatens to harm in retaliation or prevent or delay; a public servant, witness, potential witness, or informant.
Obstruction or retaliation
A public servant commits this crime if he; with intent, subjects another to unlawful mistreatment; intentionally denies another of their rights knowing it’s unlawful; or intentionally subjects another to sexual harassment.
Official oppression
A police sergeant makes sexual advances towards a female in order to not write her a ticket. The sergeant committed what cime?
Official oppression
Any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant
Official proceeding
Failure to act
Omission
A person ___ to perform an act does not commit an offense
Omits
This type of crime occurs when the actor either knows or believes the minor is younger than 17, intentionally electronically communicates with a minor or distributes sexual material to a minor
Online solicitation of a minor
A person that has title to property, possession of the property, whether lawful or not
Owner
The ___ gives a list of things you cant do, along with consequences and where to serve time
Penal Code
With intent to deceive, and with knowledge of the statement’s meaning, a person commits this offense by making a false statement(s) while under oath
Perjury
An individual, corporatioon, association
Person
Which of the following best defines the crime of deadly conduct?
A person commits the crime if he recklessly engages in conduct that places another in imminent danger of serious bodily injury
Which of the following offenses is punishable by the death penalty?
A person pays another person to kill a business partner and the partner is killed
Actual care, custody, control or management
Possession
A person commits this crime if he has an open container with alcohol in his vehicle and he knows it, and you stop him on a public highway
Possession of alcohol in motor vehicle
A person who intentionally or knowingly possesses or accesses visual material of a child under 18 is charged with what crime?
Possession of promotion of child porn
Which of the following is not considered a public place/
Principal’s office in a school building
During a legal stop and frisk, you find a pair of homemade brass knuckles. These are considered as?
Prohibited weapon
If a person intentionally or knowingly possess any of the following, he can be charged with what?
Machine gun
Zip gun
Armor-piercing ammunition
Explosive weapon
Prohibited weapons
A person who knowingly receive money or solicits another for compensation to engage in sexual conduct for hire commits what offense? i.e. the pimp
Promotion of prostitution
This type of attorney makes the determination of an exception to a crime?
Prosecuting attorney
During a trial, the greatest burden of proof is upon?
The Prosecution
A person who knowingly offers to engage or, solicits another in a public place for sexual conduct commits what offense?
Prostitution
What is an order called that is issued by a judge, that states: don’t commit family violence, don’t threaten family violence, don’t go near or to certain places, and don’t posses a firearm?
Protective order
The State has a burden to___
Prove each element. of the offense beyond a reasonable doubt
If a person is in a public place, intoxicated, and endanger to himself or others in a bar then he can be charged with what?
Public intoxication
Joseph has sex with a dog on his property behind the garage. Several neighbors hear the dog and see Joseph and the dog. The neighbors are alarmed and offended by what they see. The best criminal offense against Joseph is what?
Public lewdness
A person commits an offense if he knowingly engages in sex acts in a public place
Public lewdness
Any place to which the public or a substantial group of the public has access and includes, but not limited to, streets, highways, and common areas of hospitals, schools, apartments, houses, office buildings, shops and transport facilities
Public space
A person who is elected, selected, appointed, employed, or otherwise designated as one of the following even if they are not qualified for office
Public servant
This type of mental state occurs when the criminal is aware of but, consciously disregards a substantial/ justifiable risk.
Reckless
When a person is___ about whether the burning or explosion will endanger the life of some individual or the safety of property of another.
Reckless
A person commits an offense if, w/o effective consent of the owner, he recklessly damages or destroys property of the owner.
Reckless damage or destruction
Only punishment is a Class C Misdemeanor regardless of the amount of property
Reckless damage or destruction
A person who recklessly damages or destroys property of owner
Reckless damage or destruction
You attempt to place a driver under arrest during a traffic violation. The driver gets physical and uses force against you in which you have to use force to arrest him. The proper charge is?
Resisting arrest or search
The crime involves a person who intentionally, prevents a peace officer from making an arrest, search, or transportation by the actor or a 3rd party by using force against the peace officer.
Resisting arrest, search or transportation
To restrict a persons movement is?
Restrain
A person who is criminally responsible if the ___ would not have occurred but for his conduct
Result
If there are 7 or more people who either create an immediate danger of damage property or obstructs law enforcement, can be charged with what?
Riot
What crime is committed when a person intentionally or knowingly threatens or puts in fear of imminent bodily injury or death in the course of committing a theft?
Robbery
A person commits what type of offense when, in the course of committing theft, they intentionally, knowingly, or recklessly cause bodily injury to another or try to maintain control of the property.
Robbery
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily movement or organ.
Serious bodily injury
A drunken man called 911 8 times in 2hrs and each time hung up when the operator answered. What crime?
Silent or abusive calls to 911
A person commits an offense if he: through force or violence; threatens force or violence sex acts w/o consent against another person.
Sexual assault
A person commits an offense if he: with intent or knowledge commits sex acts against another w/o their consent.
Sexual assault
What crime is committed if a person intentionally or knowingly commits a sex act with a mentally disabled person who is unable to consent?
Sexual assault
Any touching of the breast, anus or any part of the genitals of another person with intent to arouse or gratify the sexual desire of another is?
Sexual contact
A crime punishable by state jail incarceration, fine, or both is what? 180 days - 2 years in state jail and maybe 0-&10k; a crime
State jail felony
A person commits this crime if knowing that child is younger than 18, he employs a child to engage in sexual conduct or performance.
Sexual performance by a child
A woman steals an unsigned check from her boss at work but later decides not to use it. What crime?
Stealing or receiving stolen check or similar sight order
A person commits this crime if he steals an unsigned check, with knowledge that is has been stolen, or receives the check with intent to use it, sell it, or transfer it.
Stealing or receiving stolen check
At the punishment stage of a trial, the defendant may raise the following issue to receive a lesser sentence.
Sudden passion arising from adequate cause
A person commits this crime if, with intentional force, takes a firearm, nightstick, stungun, or personal protection chemical device, with intention of harming the officer.
Taking or attempting to take a weapon from peace officer
A person commits this crime if, with intentional force, takes a firearm, nightstick, stungun, or personal protection chemical device, with intention of harming the officer.
Taking or attempting to take a weapon from peace officer
What type of offense is committed when a person intentionally or knowingly tampers with or threatens to tamper with a consumer product?
Tampering with a consumer product
A person commits this offense, if with intent to influence the witness, he coerces the witness to: testify falsely; withold testimony; elude the legal process; be absent from official proceeding, or; delay prosecution
Tampering with a witness
A person commits this offense, if with intent to influence the witness, he coerces the witness to: testify falsely; withold testimony; elude the legal process; be absent from official proceeding, or; delay prosecution
Tampering with a witness
A person commits this offense if, with intent and knowing that an investigation is pending or in progress, alters or destroys evidence
Tampering with evidence
A person commits this offense if, with intent and knowing that an investigation is pending or in progress, alters or destroys evidence
Tampering with evidence
A person who knowingly makes a false statement or alters a government record commits what offense?
Tampering with government record
A person who knowingly makes a false statement or alters a government record commits what offense?
Tampering with government record
What type of threat deals with ANY crime of violence towards ANY person or property with intent even if he doesn’t mean to commit the threat?
Terroristic threat
A man calls in a bomb threat to his employer, knowing that there really is no bomb. He figures he can get off early if they evacuate the building. If caught, he could be charged with?
Terroristic threat
A person commits an offense if he intentionally or knowingly restrains another person
Unlawful restraint
Johnny rents a tv from Aaron’s for a week. At the end of the week, Johnny doesn’t return the tv or pay for another weeks rent. What criminal violation has occured?
Theft
Which of the following isNOT a crime against persons? Theft Assault Aggravated Assault Homicide
Theft
The intent to deprive the owner of property unlawfully without the owner’s effective consent or if the actor knows the property was stolen and still receives it.
Theft
A 65 year woman walks down the street carrying a purse when a man runs up behind her and grabs her purse what crime has been committed?
Theft
A clerk allows his gf to pump gas at his job w/o making her pay. What offense could the owner of the gas station charge against him?
Theft of service
What do the issues of ‘adequate cause’ and ‘sudden passion’ have to do with the crime of murder?
they are used by a convicted murderer at sentencing to lessen punishment
T or F: A firearm, according to TCOLE, does not include an antique or curio firearm manufactured before 1899
True
T or F: There can be a single criminal episode regardless of how many open containers are found in a motor vehicle an actor is operating on public highway
True
T or F: Criminal solicitation, criminal conspiracy, and criminal attempt crimes are always one category lower than the most serious felony.
True
T or F: Ignorance of the law is no defense.
True
T or F: A person cannot be charged with unlawful carrying of weapons if he has an illegal knife inside his home
True
T or F: A person, who is a licensed handgun holder, cannot carry their handgun to an amusement park
True
T or F: A convicted felon cannot possess a firearm until 5 years after release from probation, prison, or parole, whichever is later
True
T or F: If the body of a criminal homicide victim is found in TX, the presumption is that TX has jurisdiction
True
T or F: The definition of bodily injury includes pain
True
If a 14 year old commits a C Misdemeanor theft, can he be prosecuted in adult criminal court?
Yes
A person who does not a CHL walks into a liquor store with a gun. Which offense may the person be charged with?
Unlawful carrying of a weapon
A person who intentionally, knowingly, or recklessly carries on or about themselves a handgun, illegal knofe or club
Unlawful carrying of a weapon
If a convicted felon is found with body armor, he can be violating what crime?
Unlawful possession of body armor
