PC CH 2, 6, 7, 8, 15 Quiz
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Questions and Answers

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

  • Culpability Generally
  • Burden of Proof (correct)
  • Sexual Offenses
  • Criminal Responsibility for Conduct of Another

    • Must the prosecuting attorney 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?

  • Yes (correct)
  • No
  • BLANK
  • BLANK

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

  • BLANK
  • Yes
  • No (correct)
  • BLANK

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

    <p>No</p> 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?”

    <p>A preponderance of evidence</p> Signup and view all the answers

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

    <p>Culpability Generally</p> 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.

    <p>Possession</p> 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!

    <p>B and C</p> Signup and view all the answers

    Which is not one of the four culpable mental states?

    <p>Aware</p> Signup and view all the answers

    If the definition of an offense does not prescribe a culpable mental state, is a culpable mental state required?

    <p>Yes</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 of a, BLANK!

    <p>Class C Misemeanor</p> 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. Is the definition of what?

    <p>Intentionally</p> Signup and view all the answers

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

    <p>Conspiracy</p> Signup and view all the answers

    A person acts BLANK, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist, or when he is aware that his conduct is reasonably certain to cause the result. Is the definition of what?

    <p>Knowingly</p> Signup and view all the answers

    A person is BLANK, if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.

    <p>Criminally Responsible</p> Signup and view all the answers

    A person acts BLANK, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. Is the definition of what?

    <p>Recklessly</p> Signup and view all the answers

    What is the title of Chapter 7 of the penal code?

    <p>Criminal Responsibility for Conduct of Another</p> Signup and view all the answers

    The penal code BLANKED, all traditional distinctions between accomplices and principals, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.

    <p>Abolished</p> Signup and view all the answers

    Can a person be held criminally responsible for an offense committed by the conduct of another?

    <p>Yes</p> Signup and view all the answers

    If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, who is guilty of the felony actually committed?

    <p>All conspirators</p> Signup and view all the answers

    Disturbance of mental or physical capacity resulting from the introduction of any substance into the body. Is the definition of what?

    <p>Intoxication</p> Signup and view all the answers

    A person acts BLANK, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. Is the definition of what?

    <p>Criminally Negligent</p> Signup and view all the answers

    It is a defense to prosecution in which an actor's criminal responsibility is based on the conduct of another when the person that committed the crime was acquitted, not prosecuted or convicted, convicted of a different offense, or is immune from prosecution.

    <p>False</p> Signup and view all the answers

    A person is BLANK, 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 by both.

    <p>Criminally responsible</p> Signup and view all the answers

    What is the title of Chapter 8 of the Penal Code?

    <p>General Defenses of Criminal Responsibility</p> Signup and view all the answers

    Is it an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong?

    <p>Yes</p> Signup and view all the answers

    What term does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct?

    <p>A and C</p> Signup and view all the answers

    Is it a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact, if his mistaken belief negated the kind of culpability required for commission of the offense?

    <p>Yes</p> Signup and view all the answers

    Does voluntary intoxication constitute a defense to the commission of a crime?

    <p>No</p> Signup and view all the answers

    Evidence of BLANK, caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.

    <p>Temporary Insanity</p> Signup and view all the answers

    In the case of a mistaken fact, may the actor be convicted of any lesser included offenses of which he would be guilty if the fact were as he believed?

    <p>Yes</p> Signup and view all the answers

    Is it a defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect?

    <p>No</p> Signup and view all the answers

    Is it an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon: An official statement, written order, a written interpretation of law, or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question?

    <p>Yes</p> Signup and view all the answers

    Is it an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another?

    <p>Yes</p> Signup and view all the answers

    Is it an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force?

    <p>Yes, only for non-felony offenses</p> Signup and view all the answers

    BLANK, exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure.

    <p>Compulsion</p> Signup and view all the answers

    The defense of compulsion under duress is BLANK, if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.

    <p>Unavailable</p> Signup and view all the answers

    Is it a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense?

    <p>Yes</p> Signup and view all the answers

    Unless acting under compulsion, is it a defense that a person acted at the command or persuasion of their spouse?

    <p>No</p> Signup and view all the answers

    Can a person 14 years of age or older be prosecuted for or convicted of offenses including a capital felony, an aggravated controlled substance felony, or a felony of the first degree when transferred from juvenile court?

    <p>Yes</p> Signup and view all the answers

    Does conduct merely affording a person an opportunity to commit an offense constitute entrapment?

    <p>No</p> Signup and view all the answers

    A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age. Which is not one of the exceptions?

    <p>Commision of a Felony offense against the family</p> Signup and view all the answers

    A person who is at least BLANK years of age but younger than BLANK years of age is presumed incapable of committing an offense of a misdemeanor punishable by fine only or a violation of a penal ordinance of a political subdivision.

    <p>At least 10 but younger than 15</p> Signup and view all the answers

    What is the title of Chapter 15 of the Penal Code?

    <p>Preparatory Offenses</p> Signup and view all the answers

    A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. Is what crime?

    <p>Criminal Attempt</p> Signup and view all the answers

    Is it a defense to prosecution for the crime, “Criminal Attempt”, that the offense attempted was actually committed?

    <p>No</p> Signup and view all the answers

    What is the charge for the crime, “Criminal Attempt”?

    <p>One category lower than the offense attempted</p> Signup and view all the answers

    With intent that a felony be committed: actor agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and actor or one or more of them performs an overt act in pursuance of the agreement. Is what crime?

    <p>Criminal Conspiracy</p> Signup and view all the answers

    Can an agreement constituting a conspiracy be inferred from the actions of the party?

    <p>Yes</p> Signup and view all the answers

    What is the charge for the crime, “Criminal Conspiracy”?

    <p>One category lower than the most serious felony that is the object of the conspiracy.</p> Signup and view all the answers

    Which is not one of the preparatory offenses?

    <p>Criminal Contempt</p> Signup and view all the answers

    Does the crime, “Criminal Conspiracy” apply to offenses of Terrorism?

    <p>No</p> Signup and view all the answers

    With intent that a capital felony or felony of the first degree be committed, actor requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission. Is what crime?

    <p>Criminal Solicitation</p> Signup and view all the answers

    Can a person be convicted of Criminal Solicitation on the uncorroborated testimony of the person allegedly solicited?

    <p>No</p> Signup and view all the answers

    What is the charge for the crime, “Criminal Solicitation”?

    <p>One category lower than the offense solicited.</p> Signup and view all the answers

    A person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense or make the minor a party to the commission of an offense. Is what crime?

    <p>Criminal Solicitation of a Minor</p> Signup and view all the answers

    Can a person be convicted of the crime, “Criminal Solicitation of a Minor” on the uncorroborated testimony of the minor allegedly solicited?

    <p>No</p> Signup and view all the answers

    What is the charge for the crime, “Criminal Solicitation of a Minor”?

    <p>One category lower than the solicited offense.</p> Signup and view all the answers

    What is the charge for the crime, “Criminal Solicitation of a Minor” when the actor was 17 years of age or older and a member of a criminal street gang?

    <p>Same category as the solicited offense.</p> Signup and view all the answers

    With the intent that an offense involving sexual activity, the occurrence of which would subject the actor to criminal liability for: Public Indecency, Trafficking of Persons, Sexual Offenses, Assaultive Offenses, be committed, the actor knowingly persuades or attempts to persuade, induces, entices, or coerces, a child younger than 18 years of age to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense. Is what crime?

    <p>Child Grooming</p> Signup and view all the answers

    What is the charge for the crime, “Child Grooming”?

    <p>Felony of the Third Degree</p> Signup and view all the answers

    It is not an affirmative defense to the prosecution of the crime, “Child Grooming” that the actor is under the age of 18 and within three years of age of the victim and were in a dating relationship with or who was the spouse of the victim.

    <p>False</p> Signup and view all the answers

    What type of defense is it for the crimes criminal attempt, criminal solicitation, and criminal conspiracy that the actor, voluntarily avoided commission of the offense attempted by abandoning his criminal conduct or, if abandonment was insufficient to avoid commission of the offense, by taking further affirmative action that prevented the commission?

    <p>Renunciation Defense</p> Signup and view all the answers

    The punishment for the crimes; criminal attempt, criminal solicitation, and criminal conspiracy in the event of a finding of renunciation in court is the same grade as the offense committed.

    <p>False</p> Signup and view all the answers

    It is not an offense to attempt or conspirer to commit, or the solicitation of, a preparatory offense.

    <p>True</p> Signup and view all the answers

    Study Notes

    Chapter 2 of the Penal Code

    • Title: General Provisions
    • Prosecuting attorney is not required to negate the existence of a defense or exception in the accusation charging commission of the offense
    • Prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense

    Affirmative Defenses

    • 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 a preponderance of the evidence

    Chapter 6 of the Penal Code

    • Title: Culpability
    • A person is criminally responsible for an offense committed by the conduct of another if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both

    Definitions

    • Possession 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
    • Omission to perform an act is an offense only if a law provides that the omission is an offense or if a duty to perform the act is imposed by law
    • Culpable mental states are intention, knowledge, recklessness, and criminal negligence
    • 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 Class C misdemeanor

    Intent

    • A person acts intentionally 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
    • A person acts knowingly with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist

    Circumstances

    • A person acts recklessly with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur
    • A person acts with criminal negligence with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur

    Chapter 7 of the Penal Code

    • Title: Criminal Responsibility for Conduct of Another
    • The penal code abolished all traditional distinctions between accomplices and principals, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice
    • A person can be held criminally responsible for an offense committed by the conduct of another

    Conspiracy

    • A conspiracy is an agreement between two or more persons to commit a felony
    • If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, who is guilty of the felony actually committed

    Chapter 8 of the Penal Code

    • Title: General Defenses to Criminal Responsibility
    • It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong
    • Voluntary intoxication does not constitute a defense to the commission of a crime
    • Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried

    Justification

    • It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon an official statement, written order, a written interpretation of law, or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question
    • It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another
    • It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense

    Entrapment

    • Entrapment exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure
    • It is a defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force

    Chapter 15 of the Penal Code

    • Title: Criminal Attempt
    • A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended

    Criminal Conspiracy

    • With intent that a felony be committed, actor agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and actor or one or more of them performs an overt act in pursuance of the agreement
    • Agreement constituting a conspiracy may be inferred from the actions of the party

    Criminal Solicitation

    • With intent that a felony be committed, actor requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission

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