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PC CH 38 OBSTRUCTING GOVERNMENTAL OPERATION

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59 Questions

A person commits what offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

Failure to identify

"___________" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.

Elude

A person commits what offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.

Resisting arrest, search, or transportation

A person commits what offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.

Evading arrest or detention

A person commits what offense if with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he: (1) harbors or conceals the other; (2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or (3) warns the other of impending discovery or apprehension?

Hindering apprehension or prosecution

"_________" Means to commit money to earn a financial return.

Invest funds

A person commits what offense if the person escapes from custody when the person is: (1) under arrest for, lawfully detained for, charged with, or convicted of an offense; (2) in custody pursuant to a lawful order of a court; (3) detained in a secure detention facility, or (4) in the custody of a juvenile probation officer for violating an order imposed by the juvenile court?

Escape

Under PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY. What item is allowed to be brought into a correctional facility with the intent to give said item to a person in custody?

None of the above

"__________" Means to provide funds or capital or to furnish with necessary funds.

Finance

A person commits what offense if he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance. (b) A person commits an offense if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist?

Hindering proceeding by disorderly conduct

A person commits what offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer the peace officer's official firearm, nightstick, stun gun, or personal protection chemical dispensing device?

Taking or attempting to take weapon from peace officer.

A person commits what offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with First responders, animals of first responders, emergency communications, and personnel enforcing public health?

Interference with public duties

"___________" Means anything reasonably regarded as an economic gain or advantage, including accepting or offering to accept employment for a fee, accepting or offering to accept a fee, entering into a fee contract, or accepting or agreeing to accept money or anything of value.

Economic benefit

A person commits what offense (b) A person commits an offense if the person recklessly: (1) taunts, torments, or strikes a police service animal; (2) throws an object or substance at a police service animal; (3) interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that: (A) inhibits or restricts the handler's or rider's control of the animal; or (B) deprives the handler or rider of control of the animal; (4) releases a police service animal from its area of control; (5) enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area; (6) injures or kills a police service animal; or (7) engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance.

Interference with police service animals

A person commits what offense if (1) the actor observes the commission or attempted commission of an offense prohibited by Section 21.02 (CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL) or 22.021 (AGGRAVATED SEXUAL ASSAULT.)(a)(2)(B) under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against the child; (2) the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and (3)the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death.

Failure to stop or report aggravated sexual assault of child

"__________" Means a person for whom a valid arrest warrant has been issued.

Fugitive from justice

A person commits what offense if the person (1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and (2) fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which: (A) a reasonable person would believe that the commission of the offense had not been reported; and (B) the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death.

Failure to report felony

"_____________" Means an attorney, chiropractor, physician, surgeon, private investigator, or any other person licensed, certified, or registered by a state agency that regulates a health care profession.

Professional

A person commits what offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense?

Failure to identify

Is it a defense to prosecution under RESISTING ARREST, SEARCH, OR TRANSPORTATION that the arrest or search was unlawful?

No

What penalty is given for the offense EVADING ARREST OR DETENTION?

Class A misdemeanor

What penalty is given for the offense HINDERING APPREHENSION OR PROSECUTION if the person who is harbored, concealed, or is provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony?

Felony of the third degree

"___________" Means by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States

Under arrest

what penalty is given under the offense FAILURE TO IDENTIFY if a person intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

Class C misdemeanor

"___________" Means anyone related within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code.

Relative

What is the penalty given for the offense RESISTING ARREST, SEARCH, OR TRANSPORTATION?

Class A misdemeanor

What penalty is given for the offense EVADING ARREST OR DETENTION if the actor has been previously convicted under this section or the actor uses a vehicle or watercraft while the actor is in flight and the actor has not been previously convicted under this section?

State jail felony

What penalty is given for the offense HINDERING APPREHENSION OR PROSECUTION?

Class A misdemeanor

"____________" Means by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

Under restraint

What is the penalty given for the offense FAILURE TO IDENTIFY if (b) A person intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense?

Class B misdemeanor

What is the penalty given for the offense HINDERING PROCEEDINGS BY DISORDERLY CONDUCT?

Class A misdemeanor

What penalty is given to a person who takes an officers firearm?

Felony of the third degree

What is the penalty given for the offense INTERFERENCE WITH PUBLIC DUTIES?

Class B misdemeanor

What penalty is given for INTERFERENCE WITH POLICE SERVICE ANIMALS if a person recklessly: interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that or inhibits or restricts the handler's or rider's control of the animal or deprives the handler or rider of control of the animal or releases a police service animal from its area of control or enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area?

Class A misdemeanor

Is it a defense to prosecution under TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER...cont. that the defendant took or attempted to take the weapon from a peace officer who was using force against the defendant or another in excess of the amount of force permitted by law?

Yes

What is the penalty given for the offense INTERFERENCE WITH POLICE SERVICE ANIMALS if the person recklessly taunts, torments, or strikes a police service animal?

Class C misdemeanor

What is the penalty for the offense FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD?

Class A misdemeanor

"___________" Means (A) under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States; or (B) under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

Custody

What penalty is given for FAILURE TO IDENTIFY if the defendant was a fugitive from justice at the time of the offense?

Class B misdemeanor

"__________" Means any activity that a public servant is lawfully authorized to undertake on behalf of government

Governmental function

What is the penalty given for the offense RESISTING ARREST, SEARCH, OR TRANSPORTATION if the actor uses a deadly weapon to resist the arrest or search?

Felony of the third Degree

Is it a defense to prosecution under HINDERING APPREHENSION OR PROSECUTION that the actor warns the other of impending discovery or apprehension with an effort to bring another into compliance with the law?

Yes

What is the penalty given for TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER...cont if the defendant attempted to take a weapon from a peace officer?

State jail felony

Is it a defense to prosecution under INTERFERENCE WITH PUBLIC DUTIES that the interruption, disruption, impediment, or interference alleged consisted of speech only?

Yes

What is the penalty given for INTERFERENCE WITH POLICE SERVICE ANIMALS if the actor injures a police service animal or engages in conduct likely to injure the animal?

State jail felony

What is the penalty for FAILURE TO IDENTIFY if the person intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

Class A misdemeanor

What is the penalty given for EVADING ARREST OR DETENTION if the actor uses a vehicle or watercraft while the actor is in flight and the actor has been previously convicted under this section? Or another suffers serious bodily injury as a direct result of an attempt by the officer or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight?

Felony of the third degree

What is the penalty for the offense ESCAPE if the actor (1) is under arrest for, charged with, or convicted of a felony; (2) is confined or lawfully detained in a secure correctional facility or law enforcement facility; (3) is committed to or lawfully detained in a secure correctional facility other than a halfway house, operated by or under contract with the Texas Juvenile Justice Department?

Felony of the third degree

What is the penalty for PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY?

Felony of the Third degree

What is the penalty for the offense INTERFERENCE WITH POLICE SERVICE ANIMALS if the person recklessly (2) throws an object or substance at a police service animal

Class B misdemeanor

What is the penalty for FAILURE TO REPORT FELONY?

Class A misdemeanor

Must a person who is an operator of a motor vehicle that has been detained by a peace officer for an alleged violation of a law provide their drivers license upon request from said peace officer?

Yes

What is the penalty given if the operator of a motor vehicle gives a fictitious name to a peace officer during the commission of the offense?

Class B misdemeanor

What is the penalty given for INTERFERENCE WITH POLICE SERVICE ANIMALS if the person recklessly kills a police service animal, or engages in conduct likely to kill a police service animal, or injures a police service animal in a manner that materially and permanently affects the ability of the animal to perform as a police service animal, or engaging in conduct likely to do the same?

Felony of the second degree

What is the penalty given for EVADING ARREST OR DETENTION if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or another suffers serious bodily injury as a direct result of the actor's use of a tire deflation device while the actor is in flight?

Felony of the second degree

What is the penalty given for the offense ESCAPE as long as the actor is not charged with a felony, is not confined in a law enforcement or correctional facility, and has not caused any bodily harm in the course of his escape?

Class A misdemeanor

What is the penalty for the offense ESCAPE if to effect his escape the actor causes serious bodily injury or uses or threatens to use a deadly weapon?

Felony of the first degree

What is the penalty given for the offense ESCAPE if the actor to effect his escape causes bodily injury?

Felony of the second degree

What is the title of CH 38 of the penal code?

Obstructing governmental operation

Study Notes

Crimes and Offenses

  • A person commits an offense if they intentionally refuse to give their name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
  • "Escape" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period.

Hindering Apprehension or Prosecution

  • A person commits an offense if they intentionally hinder the arrest, prosecution, conviction, or punishment of another for an offense or engage in conduct that hinders the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct.
  • This offense includes harboring or concealing the person, providing or aiding in providing means of avoiding arrest or effecting escape, or warning the person of impending discovery or apprehension.

Fleeing From a Peace Officer

  • A person commits an offense if they intentionally flee from a person they know is a peace officer or federal special investigator attempting lawfully to arrest or detain them.

Resisting Arrest, Search, or Transportation

  • A person commits an offense if they intentionally prevent or obstruct a person they know is a peace officer or a person acting in a peace officer's presence and at their direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.

Escape

  • A person commits an offense if they escape from custody when they are under arrest, lawfully detained, charged with, or convicted of an offense, or in custody pursuant to a lawful order of a court.

Interference with Public Duties

  • A person commits an offense if they intentionally hinder an official proceeding by noise or violent or tumultuous behavior or disturbance.
  • This offense can also be committed recklessly by continuing to hinder the proceeding after an explicit official request to desist.

Taking or Attempting to Take a Weapon from a Peace Officer

  • A person commits an offense if they intentionally take or attempt to take a peace officer's official firearm, nightstick, stun gun, or personal protection chemical dispensing device.

Interference with Police Service Animals

  • A person commits an offense if they recklessly taunt, torment, or strike a police service animal, throw an object or substance at a police service animal, or interfere with or obstruct a police service animal or its handler.
  • This offense can also be committed by releasing a police service animal from its area of control or entering the area of control without the effective consent of the handler.

Failure to Identify

  • A person commits an offense if they intentionally give a false or fictitious name, residence address, or date of birth to a peace officer who has lawfully arrested or detained them or requested the information from a person they have good cause to believe is a witness to a criminal offense.

Failure to Report Felony

  • A person commits an offense if they observe the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed and fails to immediately report the commission of the offense to a peace officer or law enforcement agency.

Prohibited Substances and Items in Correctional or Civil Commitment Facility

  • It is an offense to bring a prohibited substance or item into a correctional or civil commitment facility with the intent to give it to a person in custody.

Other Offenses

  • A person commits an offense if they intentionally disrupt or interfere with first responders, animals of first responders, emergency communications, and personnel enforcing public health.

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