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PC CH 2, 6, 7, 8, 15 Quiz

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65 Questions

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

Burden of Proof

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

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

No

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

No

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

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

Culpability Generally

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

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!

B and C

Which is not one of the four culpable mental states?

Aware

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

Yes

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 Misemeanor

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?

Intentionally

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

Conspiracy

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?

Knowingly

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.

Criminally Responsible

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?

Recklessly

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

Criminal Responsibility for Conduct of Another

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.

Abolished

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

Yes

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?

All conspirators

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

Intoxication

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?

Criminally Negligent

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.

False

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.

Criminally responsible

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

General Defenses of Criminal Responsibility

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?

Yes

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

A and C

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?

Yes

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

No

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.

Temporary Insanity

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?

Yes

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

No

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?

Yes

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?

Yes

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?

Yes, only for non-felony offenses

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

Compulsion

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.

Unavailable

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?

Yes

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

No

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?

Yes

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

No

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?

Commision of a Felony offense against the family

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.

At least 10 but younger than 15

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

Preparatory Offenses

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?

Criminal Attempt

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

No

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

One category lower than the offense attempted

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?

Criminal Conspiracy

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

Yes

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

One category lower than the most serious felony that is the object of the conspiracy.

Which is not one of the preparatory offenses?

Criminal Contempt

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

No

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?

Criminal Solicitation

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

No

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

One category lower than the offense solicited.

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?

Criminal Solicitation of a Minor

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

No

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

One category lower than the solicited offense.

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?

Same category as the solicited offense.

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?

Child Grooming

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

Felony of the Third Degree

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.

False

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?

Renunciation Defense

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.

False

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

True

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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