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Exam Questions and Answers
What crime, if any, is committed when a person cause the telephone of another to repeatedly ring, makes repeated phone calls, or makes repeated phone calls, or makes a telephone call and intentionally fails to hang up or disengage the connection? a. No offense-this is a matter to be handled by the phone company b. Disorderly conduct c. Harassment d. False alarm or report e.Stalking - ANSWER-- Harassment Sec. 42. A man restricts his wife's movements without her consent by confining her in their bedroom; after a day passes he lets her go free. What crime, if any, did the man commit? f. Kidnapping g. Unlawful restraint h. Domestic violence i.No offense because they are married - ANSWER--Unlawful restraint Sec. 20. A person retains a child younger than 18, knowing this violates the express terms of a judgment. According to the Penal Code, what offense has been committed?
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a. Interference with child custody b. Harboring runaway child c. Agreement to abduct from custody d.Enticing a child - ANSWER--Interference with child custody Sec. 25. A person assaults a peace officer because the officer filed charges against the individual. The person has committed e. assault f. criminal mischief g. retaliation h. aggravated assault i.no offense if the charges are found to be unfounded - ANSWER-- aggravated assault Sec. 22. Suspect A enters a convenience store, puts his hand in his pocket and points a gun at the clerk through his jacket while demanding "all the money in the cash register." Although the clerk did not see the gun, she heard Suspect A pull back the weapon's hammer. The clerk puts the money into a sack and hands it to Suspect A, who runs out of the store. Suspect A is caught and charged with j. burglary k. robbery l. aggravated robbery
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A person is asked to leave property that he does not have the right to occupy. The person refuses after receiving notice that his presence is no longer legal. He committed a. burglary b. criminal trespass c. disorderly conduct d.violation of verbal order - ANSWER--criminal trespass Sec. 30. A man with a knife is standing 75 feet away from another man that is getting into a vehicle. The man with the knife is screaming that he is going to kill the other. The driver gets into his vehicle, drives over to the man with the knife, and shoots the man with the knife; the victim of the shooting dies. What offense, in any, was committed? e. None-this was self-defense f. Murder g. Manslaughter h. Criminally negligent homicide i.Vehicular manslaughter - ANSWER-- Murder Sec. 19. A person intentionally damages property of another without effective consent. The person committed
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a. disorderly conduct b. criminal mischief c. reckless conduct d.delinquent behavior - ANSWER--criminal mischief Sec. 28. A person is in possession of a burning tobacco product in an elevator. According to the Penal Code, what offense has been committed? e. No offense f. Smoking tobacco g. Disorderly conduct h.Criminal mischief - ANSWER--Smoking tobacco Sec. 48. One of objective of the Penal code is to i. adopt measures for preventing the commission of a crime j.define the scope of law enforcement actions in enforcing laws and to synthesize the exercise of state criminal jurisdiction k. exclude the offender from all hope of escape l. ensure a trial with as little delay as possible consistent with justice
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The offense of deadly conduct if he or she recklessly engages in conduct that places another in imminent danger of a. serious bodily injury b. bodily injury c. death d. kidnapping - ANSWER--serious bodily injury What is the minimum number of people who are part of a "combination" required to participate in organized criminal activity? e. 2 f. 3 g. 4 h. 5 i. 7 - ANSWER-- 3 No person may be convicted of an offense unless each element of the offense is proved j. beyond a reasonable doubt k. beyond the shadow of a doubt l. by a preponderance of the evidence
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d. to the level of probable cause e. None of the above is correct - ANSWER--beyond a reasonable doubt A person is a public tavern screams obscenities at patrons in the bar; the patrons are obviously upset. The person committed a. disorderly conduct b. deadly conduct c. criminal mischief d. indecent exposure - ANSWER--disorderly conduct A man enters his next door neighbor's unfenced yard and kills his neighbor's pigs, which are in a pig pen. What offense, if any, did the man commit? e. Criminal mischief f. Cruelty to animals g. Criminal trespass h. Burglary of habitation - ANSWER--Criminal mischief In a public place, a man verbally abuses his wife, and other individuals alert an officer. The husband can be charged with i. no offense because it is a civil matter j. assault
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the money, gets into the car, and they both drive away. Which of the following is true? a. Both George and Henry are guilty of murder b. George is guilty of capital murder, Henry is guilty of aggravated robbery c.George is guilty of murder, Henry is guilty of conspiracy to commit aggravated robbery d.George is guilty of capital murder, Henry does not have any culpability because he did not enter the bank - ANSWER--Both George and Henry are guilty of murder What type of entry is required for "burglary of a vehicle '? e. A breaking must be shown f. The entire body must be within the vehicle in every case g. The taking of an object from outside the vehicle h.Any part of the body or anything attached to the body reaches inside the vehicle - ANSWER--Any part of the body or anything attached to the body reaches inside the vehicle A male educator at a public high school has sexual intercourse with a female student who consents. The man has committed i. sexual assault j. improper relationship with student
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c. public lewdness d. disorderly conduct - ANSWER--improper relationship with student According to the Penal Code, a mistake of fact is a. an affirmative defense to prosecution b. a defense to prosecution c. no defense to prosecution d. a violation - ANSWER--a defense to prosecution In which of the following circumstances would an individual be charged with aggravated assault? e.A person knowingly causes physical contact with another person when the actor knows that the other will regard the contact as offensive f. The actor exhibits a deadly weapon during the commission of assault g.An actor hits his spouse with his fists and causes a black-and-blue mark on her arm h.None of the above responds to the question - ANSWER--The actor exhibits a deadly weapon during the commission of assault A thief takes a purse from the hand of a sixty-five-year-old woman who was walking down the sidewalk. The victim's hand received minor injury. The actor is charged with
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Two neighbors are involved in an argument. One neighbor shoots the other person's cow. What offense, if any, can be charged? a. No offense b. Cruelty to animals c. Malicious mischief d. Disorderly conduct e. Criminal mischief - ANSWER--Criminal mischief Which of the following is a "prohibited weapon?" f. A knife with an 8-inch blade g. A spear h. A shotgun with a 17-inch barrel i. A .44 caliber revolver - ANSWER--A shotgun with a 17-inch barrel According to the Penal Code, a person who intentionally operates or participates in the earnings of a gambling place has committed the offense of j. keeping a gambling place k. gambling l. gambling promotion m.bookmaking - ANSWER--gambling promotion
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Which of the following is not a violation of the Texas Penal Code? a. Two persons of the same sex are seen kissing on the main street of the city b.Two individuals of the opposite sex are observed performing an act of sexual intercourse in a public place c.Two individuals of the same sex are observed engaging in deviant sexual intercourse in a private place but are reckless about whether another person is present who may be offended d.All of the above are violations - ANSWER--Two persons of the same sex are seen kissing on the main street of the city A person operates an amusement ride while intoxicated, and by reason of that intoxication causes the death of another by accident or mistake. According to the Penal Code, the person has committed the offense of e. intoxication manslaughter f. negligent homicide g. murder h. capital murder - ANSWER--intoxication manslaughter A kid on a skate board rides by and steals a radio from a bench where a lady is sitting waiting for a bus. What offense has the kid committed? i. Robbery j. Theft
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What type of entry is necessary in the crime of burglary? a. The full body of the actor must enter the building b. The act of breaking must be proven to constitute an entering c.The intrusion of any part of the body or any physical object attached to the body d. A bullet is fired into building or residence e.None of the above responds to the question - ANSWER--The intrusion of any part of the body or any physical object attached to the body Which of the following is a prohibited weapon? a. A rifle with a 16-inch barrel b. A shotgun with an 18-inch barrel c. A shotgun that is less than 26 inches long d. A rifle that is 26 inches long - ANSWER--A shotgun that is less than 26 inches long A man walks into a store and demands all the money in the register or he will kill the clerk. The clerk gives the perpetrator money from the register and the suspect leaves the store. After catching the person, you charge him with a. terroristic threat
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b. aggravated robbery c. robbery d. theft e. felony theft - ANSWER--robbery According to the Penal Code, a license, certificate, permit, seal, title, letter of patent, or similar document issued by a government, by another state, or by the United States is a f. court record g. governmental record h. official document i. contract - ANSWER--governmental record What offense has been committed when a nurse at a nursing home purposefully fails to give an 80-year old man his prescribed medicine? j. Aiding suicide k. Injury to an elderly person l. Assault m.Negligent conduct n. Deadly - ANSWER--Injury to an elderly person According to the Penal Code, what is NOT part of the element of an offense
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What offense occurs if a woman is sitting in front of a store entrance and refuses to leave when asked to so? a. Criminal trespass b. Obstructing a passageway c. Disorderly conduct d. Burglary e. No offense - ANSWER--Obstructing a passageway Theft from a person without coercion or use of force is punishable as f. robbery g. theft h.aggravated robbery i. burglary j. theft of service - ANSWER--theft What action can be taken when a peace officer lawfully arrests a person and requests information about the individual's name, date of birth, and address and then person refuses to give the information or gives false information? k. No action can be taken because the person has the right to privacy under the U.S. Constitution
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b.The officer can charge the individual with "obstruction of justice" and make a warrantless arrest. c.The officer can charge the individual with "failure to identify" in addition to the offense for which the person was arrested d.The officer can issue the person a summons and direct the person to appear before the municipal court within 10 days - ANSWER--The officer can charge the individual with "failure to identify" in addition to the offense for which the person was arrested Which of the following is not one of the culpable mental states that are defined in the Texas Penal Code? e. Premeditated f. Intentionally g. Knowingly h. Recklessly i. Criminal negligence - ANSWER--Premeditated A 20-year-old man has sexual intercourse with a 16-year-old girl who consents because they are boy-and girlfriend. What offense, if any, was committed? j. Assault k. Sexual assault l. Aggravated assault m.No offense - ANSWER--Sexual assault
