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
