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TCOLE Penal Code Test Questions and
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AGGRAVATED ROBBERY. A person commits an offense if he commits robbery and: - ANS-causes serious bodily injury to another uses or exhibits a deadly weapon causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: (1) 65 years of age or older; or (2) a disabled person. Prohibited Use of a Tobacco Product - ANS-A person commits "______________" if he is in possession of a burning tobacco product or smokes tobacco in a facility of a public primary or secondary school, an elevator, enclosed theater, movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place Disorderly Conduct - ANS-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: Assault - ANS-A person commits the offense of "__________" if the person intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse. Gambling Promotion - ANS--Operates or participates in the earnings of a gambling place -Engages in bookmaking -CLASS "A" Prostitution - ANS-offers to engage in sexual conduct for a fee. Agrees to engage in sexual conduct for a fee. Engages in sexual conduct for a fee. Convicted Felon - ANS-If a _____________ possesses body armor it is a felony of the 3rd degree. Arson - ANS-A person intentionally sets his neighbor's house on fire. What is the most serious crime, if any, that has occurred?
AGGRAVATED ROBBERY is a _____________ offense as defined in section 29.03 of the Texas Penal Code. - ANS-1st degree Felony Deadly Conduct - ANS-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? Enticing a Child - ANS-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. A person attains a specified age on the day of the anniversary of his birth date. - ANS- TRUE A person "transports" several young Mexican men with the intent of hiring them to labor in fruit orchards in south Texas. What crime, if any, has occurred? - ANS-No crime has occured Negligent Homicide - ANS-One night Mr. Anderson unintentionally, while intoxicated, runs over Mr. Smith with his automobile killing Smith. What would be the appropriate crime that Mr. Anderson should be charged with under this set of circumstances? Intentionally or with the intent - ANS-A person acts " ____________________" 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. Public Lewdness - ANS-A person commits an offense of ___________________ if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; (3) act of sexual contact; or (4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl. A person commits an offense of ___________________ if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; (3) act of sexual contact; or (4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl. - ANS-Intoxication Assualt Offenses are designated as felonies or misdemeanors. - ANS-True means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. - ANS-Individual
Anything in the manner of its use or intended use is capable of causing death or serious bodily injury. When a person fights with another in a public place it is considered - ANS-Class C An individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than - ANS-two years or less than 180 days 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? - ANS-Obstruction or realititino Romeo gives Juliet, a twenty-year-old female, an aphrodisiac - a drug which stimulates sexual desires - without her knowledge. Juliet is so overwhelmed that she has sexual intercourse with Romeo even though she had always refused his advances before. - ANS-Sexual Assault A person observes a murder taking place and fails to report the crime to the police. What offense has the person committed if any? (Note: the person is in no danger of harm) - ANS-failure to report felony A person commits " ____________" if, with intent to deceive and with knowledge of the statements meaning, he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath. - ANS-Perjury The offense of BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINE is a: - ANS-Class A A person commits the offense of "___________", if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. - ANS-Assault Misdemeanor - ANS-"_________________" means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail LEAVING A CHILD IN A VEHICLE. A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than ______ minutes, knowing that the child is younger than _______ years of age. - ANS-5/ An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that: - ANS-A deadly weapon was used in commission of the offense A deadly weapon was exhibited in commission of the offense
None listed A deadly weapon was exhibited during immediate flight following commission of the offense A deadly weapon was used during immediate flight following commission of the offense 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? - ANS-Robbery A person commits "Kidnapping" if he intentionally or knowingly _________ another person. - ANS-Abducts A person intentionally kills a woman and her five-year-old child. What is the most serious crime that has occurred? - ANS-Capital Murder A person commits the offense of "_____________" if the person intentionally or knowingly causes the death of an individual. - ANS-Murder Sexual intercourse is defined as: - ANS-any penetration of the female sex organ by the male sex organ. A person commits "____________ if he intentionally or knowingly abducts another person. - ANS-Kidnapping A person commits "_____________" if he knowingly solicits another in a public place to engage with him in sexual conduct for hire. - ANS-Prostitution 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? - ANS-No offense has occurred "___________" means an act or omission and its accompanying mental state - ANS- Conduct A person commits "Aggravated Promotion of Prostitution" if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that use _______ or more prostitutes. - ANS- A seventeen- year-old boy engages in consensual sexual intercourse with his thirteen- year-old girlfriend. What crime, if any, has occurred? - ANS-Aggravated Sexual Assault A person commits the offense of "Theft" if they __________ appropriate property with intent to deprive the owner of the property. - ANS-Unlawfully
A person who pays a witness to go to Miami on the day the witness was legally summoned to court proceedings in Austin with the intention of keeping the witness from testifying may be charged with: - ANS-Witness tampering A person commits "__________________" if the persons knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang which, as a condition of initiation, admission, membership, or continued membership requires the commission of any conduct which constitutes an offense punishable as a Class A misdemeanor or a felony. - ANS-Soliciting Membership in a Criminal Street Gang. A religious group is vigorously protesting at a local abortion clinic. One of the protestors, a very large woman lies down in front of the entrance to the clinic and refuses to leave even after the clinic personnel ask her to do so. The police arrive and arrest her for ______________. - ANS-Obstructing a passageway A public servant acting under color of his office or employment commits "________________" if he intentionally subjects another to sexual harassment. - ANS- Official oppression A person commits the crime of " ___________________________" if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause. - ANS-Preventing ecectuion of civil process A person commits "________________" if, with intent to prevent or disrupt a lawful meeting, procession, or gathering he obstructs or interferes with the meeting, process or gathering by physical action or verbal utterance. - ANS-Disputing meeting A person commits "__________________" if the person with criminal negligence interrupts, disrupts, impedes or otherwise interferes with a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law - ANS- Interference with public duties The level of proof needed to find a person guilty in a criminal case - ANS-beyond a reasonable doubt LEAVING A CHILD IN A VEHICLE is a ______________ offense. - ANS-Class C An "illegal" knife means a knife with a blade length of more than ______ inches. - ANS- 5.5 inches " ________________" means physical pain, illness, or any impairment of physical condition - ANS-Bodily injur y 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? - ANS-Deadly Conduct According to the Penal Code, which of the following is NOT specifically listed as part of the "element of an offense"? - ANS-Admission of guilt A person commits the offense of "_______________" if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person engages in sexual contact with the child or causes the child to engage in - ANS- Indeceny with a child 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? - ANS-Robbery A person "transports" several young Mexican men with the intent of forcing them to labor in fruit orchards in south Texas. What crime, if any, has occurred? - ANS- Trafficking of persons "________________" is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect. - ANS-Mistake of law 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. - ANS-Three A person commits an offense of _______________ if he unlawfully appropriates property with intent to deprive the owner of property. - ANS-Theft "___________" means an act or omission and its accompanying mental state - ANS- Conduct A person commits the offense of "Theft" if they __________ appropriate property with intent to deprive the owner of the property. - ANS-Unlawfully A person commits "________________" if, with intent to prevent or disrupt a lawful meeting, procession, or gathering he obstructs or interferes with the meeting, process or gathering by physical action or verbal utterance. - ANS-Disrupting meeting or procession A person commits " _______________" if he recklessly causes the death of an individual. - ANS-Manslaughter
