Penal Code Quiz 1

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What is the title of Chapter 2 of the Penal Code?

General Provisions

Burden of Proof (correct)

Culpability Generally

Punishments

An exception to an offense will be labeled by the phrase, BLANK!

“This is the exception to….”

“Exception is as follows….”

“It is an exception to the application of ….” (correct)

“The following is an exception to….”

The prosecuting attorney is not required to negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.

True

False (correct)

BLANK

The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.

True Signup and view all the answers

If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by, “What”?

A preponderance of evidence Signup and view all the answers

A defense to prosecution for an offense is labeled by the phrase, “BLANK”.

“It is a defense to prosecution ….” Signup and view all the answers

The issue of the existence of a defense is not submitted to the jury unless, BLANK!

Evidence is admitted supporting the defense Signup and view all the answers

Is the prosecuting attorney required to negate the existence of an affirmative defense in the accusation charging commission of the offense?

No Signup and view all the answers

An Affirmative defense is labeled by the phrase, “BLANK!”

“It is an affirmative defense to prosecution….” Signup and view all the answers

What is the title of chapter 6 of the penal code?

Culpability Generally Signup and view all the answers

BLANK, is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.

Possession Signup and view all the answers

A person who omits to perform an act does not commit an offense unless a law provides that the omission is an offense or BLANK!

States that he has a duty to perform the act Signup and view all the answers

Which is not one of the four culpable mental states?

Understanding Signup and view all the answers

An offense defined by municipal ordinance or by order of a county commissioners court may not dispense with the requirement of a culpable mental state if the offense is punishable by a fine exceeding the amount of a, BLANK!

Class C Misdemeanor Signup and view all the answers

An agreement between two or more persons to commit a felony. Is the definition of what?

Conspiracy Signup and view all the answers

A person does not commit an offense unless he, Intentionally, Knowingly, Recklessly, or with Criminal Negligence engages in conduct as the definition of the offense requires.

True Signup and view all the answers

A person acts BLANK, 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.

Intentionally Signup and view all the answers

If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is BLANK, unless the definition plainly dispenses with any mental element.

Nevertheless Required Signup and view all the answers