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Penal Code Test 1 (b)

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50 Questions

“ ________________” means physical pain, illness, or any impairment of physical condition.

Bodily Injury

A 66 year old man is walking down the sidewalk when a thief knocks him down and steals his watch that is worth $500.00. The man sustains minor injuries as a result of this incident. What crime has occurred?

Aggravated Robbery

A person commits “Aggravated Assault” if the person commits “assault” and the person; BLANK.

Causes serious bodily injury to another, including the person’s spouse

Mr. Jones threatens to “punch out” the dog catcher because he testified against him in court for violation of the city’s barking dog ordinance. Which of the following is the most serious offense that he can legally be charged with?

Obstruction or Retaliation

Which of the following would be classified as a “short barrel firearm” in the Penal Code?

A shotgun with a 16-inch barrel

An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than.

99 years or less than 5 years

A person commits the offense of “__________” if the person intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse.

Assault

A person commits “Capital Murder” if the person intentionally commits the murder in the course of committing or attempting to commit “_______________.”

Kidnapping

A person who removes a 450-dollar price tag from a retail item, replaces it with a 200-dollar price tag and pays the lower price has committed the offense of ____________________.

Fraudulent destruction, removal, or concealment of writing

A person, in fun, points what they consider to be an unloaded handgun towards another person and pulls the trigger. As it so happens, the gun was actually loaded, and goes off with the bullet barely missing the other person. What would be the best crime to charge them with?

Deadly Conduct

An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than BLANK.

10 years or less than 2 years

While intoxicated a person without consent, intentionally starts a fire that causes an explosion that destroys another’s home. Of the following, which is the most serious crime that has occurred?

Arson

A person commits this offense if he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense.

Criminal Attempt

What offense occurs if a homeless person is blocking a store entrance and refuses to leave when asked to do so by the store owner?

Obstructing a Passageway

A person acts “_____________________”, 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.

With criminal negligence, or is criminally negligent

Deviate sexual intercourse is defined as: BLANK.

Any contact between any part of the genitals of one person and the mouth or anus of another person

A father leaves his four-year-old daughter in his auto with his fifteen year old son while he buys groceries. He does not return to his vehicle for over 15 minutes. What offense, if any, has occurred?

No offense has occurred

A person commits an offense of MANSLAUGHTER if he recklessly causes the death of an individual. An offense under this section is a: BLANK.

Felony of the Second Degree

A person convicted of a “State Jail Felony” may be sentenced to: BLANK.

Confinement of not more than two years or less than 180 days

A person is intoxicated while operating an amusement ride and causes the death of several teenage girls by accident. What crime has occurred?

Intoxication Manslaughter

One night Mr. Anderson intentionally, while intoxicated, runs over Mr. Smith with his automobile killing Smith. What is the highest crime that Mr. Anderson can be charged with?

Murder

Jack likes to see the emergency lights of police cars and fire trucks responding to emergencies in progress. Knowing this, he intentionally calls the fire station and reports a fire. Jack is guilty of: BLANK.

False Alarm or Report

In the Penal Code, “Public Place” includes all of the following except: BLANK.

An apartment

A person commits “Gambling Promotion” if he intentionally or knowingly: BLANK.

Operates or participates in the earnings of a gambling place

A person spray paints obscene words onto his neighbor’s fence. What crime has occurred?

Criminal Mischief

The monetary penalty for this crime is a fine not to exceed $4,000 and or confinement in jail for a term not to exceed one year.

Class A Misdemeanor

CRIMINAL TRESPASS. A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he: BLANK.

All listed

A very large, muscular individual threatens to “beat the hell” out of a much smaller man if he doesn’t give him all of his money. The man turns the money over to the individual. What crime has occurred?

Robbery

“________________” is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.

Mistake of law

A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon on the physical premises of a school or educational institution.

True

A person has committed “_____________” if they steal a credit card with the intent to use it.

Credit card abuse

“___________” means an act or omission and its accompanying mental state.

Conduct

In section 30.02 of the Texas Penal Code the term "enter" means to intrude: BLANK.

All listed

“______________” is 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.

Mistake of fact

A person who, in the course of committing theft, intentionally, knowingly, or recklessly causes bodily injury to a disabled person. Of the following offenses, which is the most serious that the person can be charged with?

Aggravated Robbery

“Criminal street gang” means _______ or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.

Three

A pickup is parked in front of a residence. A person steals property that is worth $50 that is lying in the pickup-bed. What is the most serious crime that has occurred?

Burglary of a Vehicle

Offenses are designated as felonies or misdemeanors.

True

A person abducts another, exhibits a knife, and threatens to harm the victim if he or she does not go along peacefully. What is the most serious crime that has occurred?

Aggravated Kidnapping

The use of abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace is considered to be: BLANK.

Disorderly Conduct

Conviction of a Class C misdemeanor imposes legal disability or disadvantage.

False

A twenty year-old-man engages in non-consensual deviate sexual intercourse with a fourteen-year-old boy. A weapon is not displayed and the boy does not receive any serious bodily injury. What crime, if any, has occurred?

Sexual Assault

__________________ is defined as: intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse.

Assault

A public servant acting under color of his office or employment commits “________________” if he intentionally subjects another to sexual harassment.

Official Oppression

“_____________” 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.

Insanity

A person commits the offense of “ _______________” if he intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.

Murder

LEAVING A CHILD IN A VEHICLE is a ______________ offense.

Class C

The maximum monetary fine that a person can receive if convicted of a “Class “C” Misdemeanor” for a violation found in the Penal Code is: BLANK.

500 dollars

A twenty-five year old female has consensual sexual intercourse with a sixteen year old boy. What offense has occurred?

Sexual Assault

A person commits the offense of “______________” if, with intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.

Enticing a Child

Study Notes

Crimes and Offenses

  • Physical pain, illness, or impairment of physical condition is referred to as "________________"
  • A person commits Aggravated Assault if they commit assault and cause serious bodily injury or use a deadly weapon
  • A person who threatens to cause imminent bodily injury can be charged with assault
  • Capital Murder is committed when a person intentionally kills another while committing or attempting to commit another felony

Firearms and Weapons

  • A short barrel firearm is classified as such under the Penal Code
  • A person who possesses or goes with a firearm, illegal knife, club, or prohibited weapon on school premises commits an offense

Theft and Property Crimes

  • A person who removes a price tag from a retail item and replaces it with a lower price tag commits the offense of theft
  • A person who steals a credit card with the intent to use it has committed credit card abuse
  • A person who steals property worth $50 or more from a vehicle can be charged with theft

Violence and Bodily Harm

  • A person who recklessly causes the death of an individual can be charged with manslaughter
  • A person who intentionally causes serious bodily injury can be charged with aggravated assault
  • Deviate sexual intercourse is defined as sexual intercourse with a person who is not one's spouse

Public Order and Safety

  • A person who calls 911 and makes a false report can be charged with making a false alarm
  • A person who trespasses on another's property without consent can be charged with criminal trespass
  • A person who spray paints obscene words onto another's property can be charged with criminal mischief

Defense and Justification

  • Ignorance of the law is no defense to prosecution
  • A person who through mistake forms a reasonable belief about a matter of fact has a defense to prosecution

Criminal Street Gangs and Organized Crime

  • A criminal street gang is defined as three or more persons having a common identifying sign or symbol who continuously or regularly associate in the commission of criminal activities

Tests Penal Code Knowledge

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