Penal Code, Family Code, Beverage Code, Amendments
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Questions and Answers

Which of the following best describes delinquent conduct?

  • Any conduct that violates a penal law or a lawful court order. (correct)
  • Conduct punishable by a fine but not by imprisonment.
  • Only conduct that leads to civil penalties.
  • Only traffic offenses that violate state penal laws.

What is NOT considered delinquent conduct?

  • Conduct violating state penal laws.
  • A minor traffic violation. (correct)
  • Conduct traditionally viewed as criminal.
  • A legal order violation that results in contempt of court.

Which situation illustrates delinquent conduct? (2 correct answers, select one)

  • Failing to appear for a scheduled court hearing. (correct)
  • A breach of contract between two parties.
  • Parking in a no-parking zone.
  • Driving under the influence (third or subsequent offense). (correct)

Which of the following types of conduct could indicate a need for supervision?

<p>Voluntary absence from home without parental consent. (D)</p> Signup and view all the answers

What type of conduct relating to substance inhalation indicates a need for supervision?

<p>Inhalation of paint fumes and volatile chemicals. (D)</p> Signup and view all the answers

Which of the following actions can lead to a child being expelled from school, possibly indicating a need for supervision?

<p>Violating a school district's written standards of conduct. (D)</p> Signup and view all the answers

What kind of legal conduct may be subject to supervision under the penal laws?

<p>A misdemeanor punishable only by a fine. (D)</p> Signup and view all the answers

What is the definition of 'dating violence' as described in the content?

<p>An act committed against a victim with whom the actor has a dating relationship, intended to cause physical harm. (C)</p> Signup and view all the answers

Which description best fits a 'dating relationship'?

<p>A romantic or intimate relationship determined by length, nature, and interaction frequency. (C)</p> Signup and view all the answers

What kind of relationship does NOT qualify as a 'dating relationship'?

<p>An ongoing relationship between two coworkers who occasionally socialize. (A)</p> Signup and view all the answers

Which of the following best defines 'family violence'?

<p>An act intended to cause physical harm or a credible threat of harm. (C)</p> Signup and view all the answers

What constitutes 'dating violence' as per the content?

<p>Any act of violence by a partner in a romantic relationship. (D)</p> Signup and view all the answers

Which of the following statements about 'family violence' is true?

<p>Family violence encompasses threats that instill fear of harm. (C)</p> Signup and view all the answers

What defines a household?

<p>A unit composed of persons living together in the same dwelling. (A)</p> Signup and view all the answers

Which statement accurately describes households?

<p>Households disregard the familial relationship of the occupants. (A)</p> Signup and view all the answers

What is a key characteristic of a household as per its definition?

<p>It involves individuals living together in a single dwelling. (B)</p> Signup and view all the answers

Which scenario best illustrates the concept of a household?

<p>A single parent living with their children in a separate unit from relatives. (B), A group of college students sharing an apartment. (C), A family with children living in a three-bedroom house. (D)</p> Signup and view all the answers

How long are Ex Parte orders?

<p>20 days (B)</p> Signup and view all the answers

Another term for a Protective Order is Ex Parte order.

<p>False (B)</p> Signup and view all the answers

What is the minimum length of a Protective Order?

<p>2 years (C)</p> Signup and view all the answers

What class of misdemeanor is assigned for selling alcohol in dry areas under the specified code?

<p>Class B misdemeanor (B)</p> Signup and view all the answers

What punishment is applicable for someone who sells alcohol to a habitual drunkard with criminal negligence?

<p>Fine of $100 to $500 and possible jail time (C)</p> Signup and view all the answers

If a person possesses an open container of alcohol near a school, what class of misdemeanor is it considered?

<p>Class C misdemeanor (C)</p> Signup and view all the answers

What is the heightened penalty for someone who violates 106.63 Sale of Delivery to Certain Persons by having prior convictions?

<p>Fine of $500 to $1,000 and/or confinement &lt; 1 year (B)</p> Signup and view all the answers

What age qualifies as a 'minor' in the context of alcohol-related offenses?

<p>Under 21 years of age (D)</p> Signup and view all the answers

What is the legal consequence for an individual guilty of a capital felony when under 18 years of age?

<p>Imprisonment for life. (A)</p> Signup and view all the answers

Which of the following constitutes an affirmative defense?

<p>It is a defense based on being compelled to act due to threats. (D)</p> Signup and view all the answers

How does voluntary intoxication impact criminal liability?

<p>It does not constitute a defense to crime commission. (C)</p> Signup and view all the answers

What is the consequence for an adult convicted of a capital felony?

<p>Life imprisonment without parole or death. (A)</p> Signup and view all the answers

Which of the following accurately describes entrapment as a legal defense?

<p>Inducement to commit an offense by law enforcement. (C)</p> Signup and view all the answers

What constitutes a criminal attempt?

<p>Committing an act with specific intent that fails to achieve the offense (B)</p> Signup and view all the answers

If a person attempts an aggravated offense, what is required for it to be considered an attempt to commit that offense?

<p>An aggravating element must accompany the attempt (A)</p> Signup and view all the answers

What is the category of offense for criminal attempt compared to the offense attempted?

<p>One category lower (D)</p> Signup and view all the answers

Which scenario provides a valid defense against prosecution for criminal conspiracy?

<p>The object offense was never committed (D)</p> Signup and view all the answers

What is the consequence if a person is convicted for criminal conspiracy?

<p>It is deemed one category lower than the most serious felony associated with the conspiracy (B)</p> Signup and view all the answers

What constitutes criminal solicitation?

<p>Requesting someone to engage in criminal conduct with intent (A)</p> Signup and view all the answers

What is the classification of an offense under criminal solicitation when it involves a capital felony or felony of the first degree?

<p>Grade level of the felony requested (B)</p> Signup and view all the answers

Which of the following statements regarding defenses in criminal attempts is true?

<p>No defense exists if the offense was committed in actuality (D)</p> Signup and view all the answers

What is required for a conviction under the solicitation section regarding uncorroborated testimony?

<p>The testimony of the person allegedly solicited must be corroborated. (B)</p> Signup and view all the answers

Which of the following constitutes Criminal Solicitation of a Minor?

<p>Requesting a minor to commit Murder. (A)</p> Signup and view all the answers

How is 'adequate cause' defined in the context of provoking someone?

<p>A cause that produces strong emotional reactions. (D)</p> Signup and view all the answers

What characterizes 'sudden passion' as defined in the legal context?

<p>Passion that arises from provocation at the time of the offense. (A)</p> Signup and view all the answers

There are many elements of aggravated kidnapping, which of the following does not quantify as aggravated kidnapping?

<p>Kidnapping a child under 5 years old. (D)</p> Signup and view all the answers

What is the classification of an offense committed under aggravated kidnapping?

<p>Felony of the first degree. (A)</p> Signup and view all the answers

Which of the following actions is NOT included in the intent for aggravated kidnapping?

<p>Gaining political advantage. (C)</p> Signup and view all the answers

What must be established to support a solicitation charge involving a minor?

<p>Circumstances strongly corroborating both solicitation and actor's intent. (A)</p> Signup and view all the answers

What must be true for a person to be guilty of aggravated perjury?

<p>The false statement is made in connection with an official proceeding and is material. (C)</p> Signup and view all the answers

What type of conduct must be present to classify an individual's act as murder?

<p>Intentionally causing serious bodily injury that results in death. (B)</p> Signup and view all the answers

Which of the following best describes the intent involved in serious bodily injury leading to death?

<p>The intent to cause serious bodily injury through dangerous acts. (B)</p> Signup and view all the answers

What is the classification of the offense for causing a child under 18 to commit prostitution?

<p>Felony of the first degree (B)</p> Signup and view all the answers

Which of the following accurately describes a 'criminal street gang'?

<p>Three or more persons with a common sign who engage in criminal activities. (B)</p> Signup and view all the answers

What constitutes the offense of perjury?

<p>Making a false statement under oath or a false unsworn declaration. (A)</p> Signup and view all the answers

What is the penalty for refusing to allow an authorized officer to inspect a licensed premise?

<p>Class A misdemeanor (D)</p> Signup and view all the answers

Which statement is true regarding the knowledge requirement in committing perjury?

<p>Intent to deceive must accompany knowledge of the statement's meaning. (B)</p> Signup and view all the answers

What degree of felony is assigned for the offense of compelling prostitution?

<p>Felony of the first degree (B)</p> Signup and view all the answers

Which of these elements is essential in defining a 'criminal street gang'?

<p>They must have identifiable leadership and symbols. (C)</p> Signup and view all the answers

Under which circumstances is a statement classified as material in relation to aggravated perjury?

<p>If it can influence the outcome of the official proceeding. (D)</p> Signup and view all the answers

What is necessary for a false statement made under oath to constitute an offense?

<p>The statement must be required or authorized by law. (D)</p> Signup and view all the answers

What defense may be claimed if an individual was unaware their conduct was wrong due to severe mental illness?

<p>Insanity defense (D)</p> Signup and view all the answers

Under what condition does the insanity defense apply?

<p>The individual lacked the capacity to know right from wrong (D)</p> Signup and view all the answers

Which of the following is necessary for establishing the insanity defense in a prosecution?

<p>A diagnosis of severe mental disease or defect (D)</p> Signup and view all the answers

Which statement is true regarding the insanity defense as an affirmative defense?

<p>It asserts that the accused was incapable of understanding their actions. (B)</p> Signup and view all the answers

What impact does severe mental disease or defect have on criminal responsibility?

<p>Exempts the individual from accountability (A)</p> Signup and view all the answers

What must a person demonstrate to be convicted of criminal conspiracy?

<p>An agreement with one or more persons and an overt act in pursuit of that agreement. (A)</p> Signup and view all the answers

Which of the following is a valid circumstance that does NOT provide a defense against prosecution for criminal conspiracy? (two right answers select both)

<p>One coconspirator being acquitted of the object offense. (A), One coconspirator being immune from prosecution. (B)</p> Signup and view all the answers

What can be inferred from the actions of parties involved in a conspiracy?

<p>An agreement can be established through their overt actions. (B)</p> Signup and view all the answers

Which of the following statements regarding criminal conspiracy is true?

<p>The actor's individual incapacity to commit the offense does not absolve them from conspiracy liability. (C)</p> Signup and view all the answers

A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within ___________ft?

<p>1000 (D)</p> Signup and view all the answers

A minor commits an offense if the minor operates a motor vehicle in a public place or a watercraft while having any detectable amount of alcohol in the minor's system. What would be the punishment for the first offense?

<p>Class C misdemeanor (D)</p> Signup and view all the answers

According to the Beverage Code, which of the following statements about employing persons under 18 years of age is true?

<p>Persons under 18 may be employed in roles that do not involve selling or serving alcoholic beverages. (C)</p> Signup and view all the answers

What is the legal classification of an offense committed by a permittee or licensee for employing a person under 18 to dance in exchange for a benefit according to Section 1.07, Penal Code?

<p>Class A misdemeanor (B)</p> Signup and view all the answers

According to Section 8.07 of the Penal Code, which of the following offenses can a person younger than 15 years of age be prosecuted for? (Select all that apply)

<p>All of the above (D)</p> Signup and view all the answers

What does the term "Family" include according to the Government Code?

<p>Individuals related by consanguinity or affinity (A)</p> Signup and view all the answers

What is the classification of the offense described in the provided statute when a person observes another without consent in a private dwelling?

<p>Class C misdemeanor (C)</p> Signup and view all the answers

What class of misdemeanor is an offense under the given section if a person knowingly engages in sexual acts in a public place or recklessly about the presence of others who might be offended?

<p>Class A misdemeanor (B)</p> Signup and view all the answers

What is the classification of the offense for knowingly preventing or interfering with someone's ability to make an emergency (two right answers, first offense & second offense)?

<p>Class A misdemeanor (A), State jail felony (B)</p> Signup and view all the answers

Under what circumstances may a child be photographed or fingerprinted without the consent of the juvenile court according to Chapter 63 of the Code of Criminal Procedure?

<p>All of the above (D)</p> Signup and view all the answers

According to Sec. 101.66, which of the following beverages are prohibited from being manufactured, sold, bartered, or exchanged if they contain more than one-half of one percent alcohol by volume and not more than five percent alcohol by volume? (Select all that apply)

<p>Other alcoholic beverages (D)</p> Signup and view all the answers

According to the Texas Penal Code § 3.02 regarding Consolidation and Joinder of Prosecutions, what is required if a single criminal action is based on more than one charging instrument?

<p>The state must file written notice at least 30 days prior to trial. (A)</p> Signup and view all the answers

A medical professional who treats a person for injuries that the medical professional has reason to believe were caused by family violence shall:

<p>Details regarding the injury and suspected cause (B)</p> 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 authorized by which section?

<p>Section 12.23 (B)</p> Signup and view all the answers

What penalty does a person face for committing an offense under the described circumstances of marrying another person or living with someone under the appearance of being married?

<p>Third-degree felony (B)</p> Signup and view all the answers

Flashcards

Delinquent Conduct

Actions (not traffic offenses) breaking state or federal laws, potentially leading to jail time or confinement.

Penal Law Violation

Any law that can result in imprisonment or confinement in jail.

Court Order Violation

Disobeying a court order that could be considered contempt of court, especially in certain courts.

Contempt of Court

Disobeying a court order.

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Truancy Court

A court handling cases dealing with students missing school excessively.

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Section 49.0X

Specific Penal Code sections that may constitute delinquent conduct.

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Section 106.041

Alcoholic Beverage Code section about minors driving under the influence (third or subsequent offense).

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Traffic Offense

Driving-related offenses, not considered delinquent conduct under this definition.

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Justice/Municipal Court

Courts (local) that could handle some violations leading to contempt.

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County Court (Fine-Only)

Certain (local) court cases related to conduct where only a fine is a possible penalty.

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What is Delinquent Conduct? (Part 1)

Actions that break state or federal laws, not traffic offenses, and could lead to jail time.

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What is Delinquent Conduct? (Part 2)

Disobeying a court order in a way that would be considered disrespecting the court.

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What's NOT Delinquent Conduct?

Traffic violations, like speeding or running a red light.

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Conduct Needing Supervision

Behavior that suggests a child needs extra adult guidance, covering actions that break laws (not traffic rules) or involve skipping school or other risky behaviors.

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Misdemeanor punishable by fine only

A less serious offense that results in a financial penalty but doesn't involve imprisonment.

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Voluntary absence from home

Leaving home without parental permission, indicating a potential problem.

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Conduct prohibited by ordinance

Actions against local rules, like those related to inhaling harmful fumes or chemicals.

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School district violation

Breaking serious rules set by a school, requiring expulsion as a consequence.

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Dating Violence

An act intended to cause harm, injury, assault, or sexual assault, or a threat causing fear of such acts, committed against someone in a dating relationship.

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Dating Relationship

A continuing relationship of a romantic or intimate nature, considering its length, nature, and frequency of interaction.

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What makes it a 'dating relationship'?

The relationship must be more than just casual acquaintance or ordinary fraternization in a business or social context.

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What's NOT dating violence?

Dating violence does NOT include acts used for self-defense.

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What's the threshold for 'dating relationship'?

A 'dating relationship' is determined by considering the length, nature, and frequency of interaction between individuals.

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Family Violence

An act by a family member intended to harm another family member, including threats causing fear of harm. Excludes self-defense.

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Family Violence (Specific)

Family violence includes acts causing physical harm, bodily injury, assault, or sexual assault, or threats causing fear of these acts, committed by a family member against another family member.

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'Dating Relationship' Criteria

A dating relationship is defined by the length, nature, and frequency of the interaction between individuals. It must be more than a casual acquaintance or ordinary business interaction.

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What's NOT Family Violence?

Defensive measures taken to protect oneself are not considered family violence.

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Household Definition

A group of people living together in the same dwelling, regardless of their relationship.

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Ignorance of the Law

It is not a defense to prosecution that a person was unaware of a law after it has taken effect.

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Voluntary Intoxication

Voluntary intoxication does not excuse a person from criminal responsibility.

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Temporary Insanity

Evidence of temporary insanity caused by intoxication can be used to reduce the severity of the punishment.

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Duress

A person can claim defense if they committed a crime due to imminent threat of serious harm to themselves or another.

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Entrapment

A person can claim defense if they were induced to commit a crime by a law enforcement agent.

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Criminal Responsibility of Minors

A person under 15 years old cannot be prosecuted for any offense they committed.

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Capital Felony Punishment

An individual convicted of a capital felony can be sentenced to life without parole or death, depending on the circumstances.

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Criminal Attempt

A person intentionally does more than just prepare to commit a crime but fails to complete the act. This still constitutes a crime.

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Aggravated Criminal Attempt

If the intended crime could have been a more serious offense due to certain circumstances, the attempt itself can be charged with the higher offense if those circumstances were present during the attempt.

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Successful Crime as a Defense?

It's NOT a defense against an attempted crime charge that the crime was actually completed. The attempt itself is a separate offense.

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Penalty for Attempt

The penalty for a criminal attempt is usually one category lower than the crime attempted. If the intended crime was a state jail felony, the attempt becomes a Class A misdemeanor.

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Criminal Conspiracy

Two or more people agree to commit a felony, with the intent that the felony be committed. The agreement itself is the crime.

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Inference of Conspiracy

A conspiracy agreement doesn't have to be explicitly stated; it can be inferred from the actions of the parties involved.

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Defense to Conspiracy

It's NOT a defense to a conspiracy charge that one or more co-conspirators are not responsible, acquitted, or not prosecuted. As long as two or more people were involved, the conspiracy charge stands.

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Penalty for Conspiracy

The penalty for criminal conspiracy is one category lower than the most serious felony intended. If the most serious felony was a state jail felony, the conspiracy becomes a Class A misdemeanor.

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Criminal Solicitation

A person intentionally requests, orders, or tries to persuade someone else to commit a specific serious felony, even if the other person doesn't actually commit it.

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Criminal Solicitation of a Minor

Intentionally requesting, commanding, or attempting to convince a minor to engage in conduct that would constitute an offense listed by Article 42A.054(a) of the Code of Criminal Procedure.

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Murder

Intentionally or knowingly causing the death of an individual, or intending to cause serious bodily injury and committing an act clearly dangerous to human life that causes the death of an individual.

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Adequate Cause

Cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

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Sudden Passion

Passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed, arising at the time of the offense and not solely the result of former provocation.

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Aggravated Kidnapping (General)

Intentionally or knowingly abducting another person with the intent to hold them for ransom or reward, use them as a shield or hostage, facilitate a felony, inflict bodily injury or sexual abuse, terrorize them, or interfere with government functions.

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Aggravated Kidnapping (Weapon)

Intentionally or knowingly abducting another person and using or exhibiting a deadly weapon during the commission of the offense.

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Perjury

Knowingly making a false statement under oath or affirmation in a judicial proceeding.

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Intent

The mental state of a person who knowingly or intentionally engages in criminal conduct.

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Abduction

The act of taking someone away by force or deception.

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Felony

A serious crime that can result in substantial penalties, including imprisonment.

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Alcohol Possession Intent

It is illegal to possess an alcoholic beverage with the intention of selling it in a dry area.

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Habitual Drunkard Sales

Selling alcohol to someone known to be a habitual drunkard or who is intoxicated is illegal and a serious offense.

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Alcohol near Schools

Possessing or consuming alcohol within 1,000 feet of a school property is generally prohibited.

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Minor's Alcohol Offense Punishment

An offense involving alcohol by a person under 21 years old is typically a Class C misdemeanor.

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Criminal Negligence in Alcohol Sales

Selling alcohol to an intoxicated person or a habitual drunkard with criminal negligence is illegal.

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What is Aggravated Perjury?

Making a false statement under oath, knowing it's false, and it's required by law, making it a Class A misdemeanor.

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What is the penalty for Aggravated Perjury?

Aggravated Perjury is a Class A Misdemeanor, which is a less serious crime.

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What is the key element of Compelling Prostitution?

Knowingly causing another person to commit prostitution through force, threat, coercion, or fraud.

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What is the penalty for Compelling Prostitution?

It's a felony of the third degree, which is a serious crime.

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Who is considered a 'Criminal Street Gang'?

A group of three or more individuals with a common sign, symbol, or leadership who regularly engage in criminal activities.

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Consent to Inspection of Licensed Premises

License holders consent to inspections by authorized individuals at any time.

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Refusal to Allow Inspection

It's illegal to refuse entry to authorized individuals who want to inspect a licensed premises.

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Penalty for Refusal to Allow Inspection

Refusal to allow inspection is a Class A misdemeanor.

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What is 'Prostitution'?

The act of exchanging sexual services for money, goods, or other compensation.

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What does 'Material' mean in legal context?

A statement is 'material' if it could have influenced a decision in a legal proceeding.

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Insanity Defense

A legal defense claiming that the defendant, due to a severe mental illness, didn't understand their actions were wrong at the time of the crime.

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Severe Mental Disease or Defect

A serious mental illness or impairment that impacts the defendant's ability to understand the wrongfulness of their actions.

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Affirmative Defense

A defense where the defendant has the burden of proof to show they are not guilty.

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Knowing Conduct Was Wrong

The defendant must understand that their actions were against the law, morally incorrect, or harmful.

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Mental State at Time of Crime

The defense hinges on the defendant's mental state at the exact moment of the crime, not their general mental health.

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Overt Act

An action taken by one or more parties in a conspiracy to further the plan to commit a felony.

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Study Notes

Delinquent Conduct Definition

  • Delinquent conduct includes violating state or federal penal laws, punishable by jail or imprisonment.
  • It also covers violating court orders that would be considered contempt in specific court types.
  • These specific court types include justice courts, municipal courts, county courts for fines only, and truancy courts.
  • Delinquent conduct can involve violating certain Penal Codes, specifically Sections 49.04, 49.05, 49.06, 49.07, and 49.08.
  • Driving under the influence of alcohol as a minor (third or subsequent offense) under Section 106.041 of the Alcoholic Beverage Code is also delinquent conduct.

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