Penal Code Practice Test: Quiz!

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Penal Code Practice Test: Quiz! - Quiz

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Questions and Answers
  • 1. 

    Punishable by a fine only of up to $500

    • A.

      State Jail Felony

    • B.

      Class A Misdemeanor

    • C.

      Class B Misdemeanor

    • D.

      Class C Misdemeanor

    Correct Answer
    D. Class C Misdemeanor
    Explanation
    pg. 21 Sec. 12.23

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  • 2. 

    Vic, the local salesman, refuses to leave a residence after being informed to leave by the owner. Vic is arrested for Criminal Trespass. What penalty group would this fall under?

    • A.

      Felony 3rd Degree

    • B.

      Misdemeanor Class A

    • C.

      Misdemeanor Class B

    • D.

      Misdemeanor Class C

    Correct Answer
    B. Misdemeanor Class A
    Explanation
    Vic, the local salesman, is arrested for Criminal Trespass after refusing to leave a residence despite being informed to do so by the owner. This offense typically falls under Misdemeanor Class A.

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  • 3. 

    Arson is starting a fire with the intent to destroy or damage:

    • A.

      A building, habitation, or vehicle

    • B.

      Any vegetation, fence, or structure on open space land

    • C.

      A person inside a house

    • D.

      A and B

    Correct Answer
    D. A and B
    Explanation
    PC Block 7 pg.11

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  • 4. 

    Habitation includes all of the following except:

    • A.

      A structure adapted for overnight accommodation of a person

    • B.

      A vehicle adapted for overnight accommodation of a person

    • C.

      Any structure or enclosure designed specifically and only for commercial use

    • D.

      Each separately secure, or occupied, portion of a structure or building

    • E.

      Both B & D would not be considered a habitation

    Correct Answer
    C. Any structure or enclosure designed specifically and only for commercial use
    Explanation
    Habitation refers to structures or vehicles that are adapted for overnight accommodation of a person. It also includes each separately secure or occupied portion of a structure or building. However, it does not include any structure or enclosure that is designed specifically and only for commercial use. Therefore, the correct answer is "any structure or enclosure designed specifically and only for commercial use."

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  • 5. 

    Mr. A decides to rob a store. Acting with intent to commit the offense, A points a pistol at the store owner and fires. The owner dies as a result of Mr. A shooting him. Mr. A may be charged with:

    • A.

      Involuntary Manslaughter

    • B.

      Voluntary Manslaughter

    • C.

      Murder

    • D.

      Capitol Murder

    Correct Answer
    D. Capitol Murder
    Explanation
    pg. 35-36 Sec. 19.03 During the commission of Robbery

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  • 6. 

    ________________ is being aware that his conduct is resonably certain to cause the result.

    • A.

      Knowing

    • B.

      Intentional

    • C.

      Reckless

    • D.

      Criminal Negligence

    Correct Answer
    A. Knowing
    Explanation
    Knowing refers to the state of being aware or conscious of something. In the context of the question, "Knowing" means that the person is fully aware that their conduct is reasonably certain to cause a specific result. This implies that the individual has a clear understanding of the potential consequences of their actions and intentionally proceeds with them regardless. Therefore, "Knowing" is the correct answer as it accurately describes the level of awareness and intent required for the conduct described in the question.

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  • 7. 

    _____________ means ought to have been aware of a substantial risk.

    • A.

      Knowing

    • B.

      Intentional

    • C.

      Reckless

    • D.

      Criminal Negligence

    Correct Answer
    D. Criminal Negligence
    Explanation
    Criminal negligence refers to the failure to be aware of a significant risk that a reasonable person would have recognized. It implies a disregard for the safety and well-being of others, demonstrating a lack of care or attention. This term suggests that the person should have been aware of the potential harm caused by their actions or omissions.

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  • 8. 

    An affirmative defense means _____________________________.

    • A.

      The defendant must prove the defense by a preponderance of the evidence.

    • B.

      The State must disprove the defense beyond a reasonable doubt.

    • C.

      The defendant must prove the State's claim beyond a reasonable doubt.

    • D.

      The prosecution must negate the defense claims by proof beyond a reasonable doubt.

    Correct Answer
    A. The defendant must prove the defense by a preponderance of the evidence.
    Explanation
    An affirmative defense means that the defendant has the burden of proving the defense by a preponderance of the evidence. This means that the defendant must present enough evidence to convince the court that it is more likely than not that the defense is true. In other words, the defendant must show that it is more probable than not that the defense is valid. This is different from the burden of proof in a criminal case, where the prosecution must prove the defendant's guilt beyond a reasonable doubt.

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  • 9. 

    Criminal Mischief may be a misdemeanor if:

    • A.

      The amount of damage is over $1,000 but under $1500

    • B.

      The amount of damage is over $1,500

    • C.

      The damage was to a habitation but no one was injured

    • D.

      The act caused the interruption of a public water supply

    Correct Answer
    A. The amount of damage is over $1,000 but under $1500
    Explanation
    PC Block 7 pg. 11

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  • 10. 

    Punishable by confinement in a state jail for not more than two years or less than 180 days and, in addition to, may be fined up to $10,000.

    • A.

      State jail Felony

    • B.

      Class A Misdemeanor

    • C.

      Class B Misdemeanor

    • D.

      3rd Degree Felony

    Correct Answer
    A. State jail Felony
    Explanation
    pg. 22 Sec. 12.35

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  • 11. 

    Allan is drunk and driving a motor vehicle. He strikes Tiny Tim, killing Tim, as Tim is tip-toeing through the intersection of Tulip & Vine. Allan may be charged with:

    • A.

      Murder

    • B.

      Capital Murder

    • C.

      Manslaughter

    • D.

      Intoxication Manslaughter

    Correct Answer
    D. Intoxication Manslaughter
    Explanation
    Allan, who is drunk, causes an accident that results in the death of Tiny Tim. Based on this scenario, Allan may be charged with "Intoxication Manslaughter." This charge implies that Allan caused the death of another person while operating a motor vehicle under the influence of alcohol. It takes into account both the act of causing the death and the fact that Allan was intoxicated at the time. This charge is appropriate because it acknowledges the seriousness of the offense while considering the specific circumstances surrounding the incident.

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  • 12. 

    An exception means _________________________________________.

    • A.

      The defendant must prove the defense by a preponderance of the evidence.

    • B.

      The State must disprove the defense beyond a reasonable doubt.

    • C.

      The defendant must prove the State's claim beyond a reasonable doubt.

    • D.

      The prosecution must negate the defense claims by proof beyond a reasonable doubt.

    Correct Answer
    D. The prosecution must negate the defense claims by proof beyond a reasonable doubt.
    Explanation
    An exception means that the prosecution must negate the defense claims by providing proof beyond a reasonable doubt. This means that the burden of proof lies with the prosecution to show that the defense claims are not valid or cannot be supported by evidence. The defendant is not required to prove their defense by a preponderance of the evidence, and the state is not obligated to disprove the defense beyond a reasonable doubt. Therefore, the correct answer is that the prosecution must negate the defense claims by proof beyond a reasonable doubt.

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  • 13. 

    Bob pats Sweet Thing on the butt. Bob knows she might be a little offended but is surprised when she slaps him silly. Bob's actions might result in what charge being filed (Sweet Thing suffered no pain or injury).

    • A.

      Assault (Class A)

    • B.

      Assault (Class C)

    • C.

      Sexual Assault (Class C)

    • D.

      No charge may be filed

    Correct Answer
    B. Assault (Class C)
    Explanation
    Sec. 22.01 pg. 45

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  • 14. 

    A defense means ____________________________________________.

    • A.

      The defendant must prove the defense by a preponderance of the evidence.

    • B.

      The State must disprove the defense beyond a reasonable doubt.

    • C.

      The defendant must prove the State's claim beyond a reasonable doubt.

    • D.

      The prosecution must negate the defense claims by proof beyond a reasonable doubt.

    Correct Answer
    B. The State must disprove the defense beyond a reasonable doubt.
    Explanation
    In a legal context, a defense refers to a justification or excuse presented by the defendant to counter the charges brought against them. The answer states that the State must disprove the defense beyond a reasonable doubt. This means that it is the responsibility of the prosecution to provide evidence and arguments that convincingly refute the defense's claims. The burden of proof lies with the prosecution, and they must demonstrate that the defense is not valid or credible to secure a conviction.

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  • 15. 

    Which of the following is a goal of the Penal code?

    • A.

      Giving fair warning as to the rules and punishments (notice)

    • B.

      Punishment fits the crime

    • C.

      Give guidance to L/E and limit official discretion by L/E

    • D.

      All the above

    • E.

      None of the above

    Correct Answer
    D. All the above
    Explanation
    Penal Code Block 1 Pg. 1

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  • 16. 

    When a person causes the penetration of the anus or female sexual organ of another person who is not the spouse of the actor by any means, without that person's consent, they have committed the offense of:

    • A.

      Assault

    • B.

      Sexual Assault

    • C.

      Aggravated Sexual Assault

    • D.

      Rape

    Correct Answer
    B. Sexual Assault
    Explanation
    When a person causes the penetration of the anus or female sexual organ of another person without their consent, it is considered sexual assault. This act violates the individual's autonomy and consent, making it a criminal offense. Sexual assault can occur through various means, including force, coercion, or manipulation. It is important to recognize and address such acts to protect the rights and well-being of individuals.

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  • 17. 

    Which of the following would not constitute Capital Murder (assuming a person commits murder as defined in the Penal Code)?

    • A.

      Murder of a fireman acting in performance of an official duty

    • B.

      Murder during the commission of felony criminal mischief

    • C.

      Murder during the commission of arson

    • D.

      Murder for remuneration or promise of remuneration

    • E.

      Murder of a peace officer acting in performance of an official duty

    Correct Answer
    B. Murder during the commission of felony criminal mischief
    Explanation
    Pg. 35-36 Sec. 19.03 Capital Murder...remember "B.A.R.K"

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  • 18. 

    Bob pats little old Ms.Sweet Thing (who is 67 y/o) on the butt . Bob knows she might be a little offended but is surprised when she slaps him silly. Bob's actions might result in what charge being filed (Sweet Thing suffered no pain or injury).

    • A.

      Assault (Class A)

    • B.

      Assault (Class C)

    • C.

      Assault on Elderly (Class B)

    • D.

      No charge may be filed

    Correct Answer
    A. Assault (Class A)
    Explanation
    Please look over Sec. 22.01 (C)(1) Pg. 45

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  • 19. 

    A person agrees with one or more persons to commit a felony; plus an overt act by one or more of them in pursuance of the agreement is committed. This constitutes:

    • A.

      Criminal Attempt

    • B.

      Criminal Conspiracy

    • C.

      Criminal Solicitation

    • D.

      All of the above

    • E.

      Both A & B are correct

    Correct Answer
    B. Criminal Conspiracy
    Explanation
    Sec. 15.02 (a)(1)(2) pg. 28

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  • 20. 

    A person commits the offense of Public Intoxication if he appears in public under the influence of alcohol or any other intoxicant.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    person must be intoxicated to the degree that the person may endanger the person or another.

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  • 21. 

    Which is not a form of criminal homicide?

    • A.

      Murder

    • B.

      Capital Murder

    • C.

      Manslaughter

    • D.

      Criminally Negligent Homicide

    • E.

      All of the above are forms of criminal homicide.

    Correct Answer
    E. All of the above are forms of criminal homicide.
    Explanation
    All of the options listed in the question (Murder, Capital Murder, Manslaughter, and Criminally Negligent Homicide) are forms of criminal homicide. Criminal homicide refers to the unlawful killing of another person, and each of these options represents a different degree or category of criminal homicide. Therefore, the correct answer is that all of the options listed are forms of criminal homicide.

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  • 22. 

    Eddie Murphy shoplifts a video cassette of "Beverly Hills Cop" worth $18.50. While trying to leave the store where the theft occurred, Murphy is confronted by Billy, the store security guard. Murphy strikes Billy in the face, knocking him to the ground and causing Billy to suffer a black eye. Murphy then runs to the parking lot where he is apprehended by Serge, the other security guard. Murphy should be charged with what offense?

    • A.

      Assault (Class A)

    • B.

      Theft (Class C)

    • C.

      Robbery

    • D.

      Aggravated Robbery

    Correct Answer
    C. Robbery
    Explanation
    Based on the given information, Eddie Murphy not only shoplifted the video cassette but also physically assaulted the store security guard, causing him harm. Robbery is defined as the act of taking someone's property by force or threat of force. In this case, Murphy used physical force against Billy while committing the theft, which qualifies as robbery. Therefore, Murphy should be charged with the offense of robbery.

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  • 23. 

    It is a defense to prosecution for resisting arrest or search that the arrest or search was unlawful.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The statement is false. It is not a defense to prosecution for resisting arrest or search that the arrest or search was unlawful. Resisting arrest or search is generally considered a separate offense, and the legality of the arrest or search is typically determined in a separate legal proceeding.

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  • 24. 

    An adult who exposes himself, knowing that a 13 year old is present, with intent to arouse or gratify the sexual desire of any person may be charged with:

    • A.

      Indecency with a Child

    • B.

      Public Lewdness

    • C.

      Disorderly Conduct (Class B)

    • D.

      Indecent Exposure

    • E.

      Sexual Abuse of a Child

    Correct Answer
    A. Indecency with a Child
    Explanation
    Sec. 21.11 Pg 42

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  • 25. 

    Punishable by a fine not to exceed $2,000, confinement in jail for not more than 180 days, or both such fine and confinement.

    • A.

      State Jail Felony

    • B.

      Class A Misdemeanor

    • C.

      Class B Misdemeanor

    • D.

      Class C Misdemeanor

    Correct Answer
    C. Class B Misdemeanor
    Explanation
    pg. 21 Sec 12.22

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  • 26. 

    Criminal Mishief is a 2nd degree if the damage is

    • A.

      Anything over $150,000

    • B.

      Between $150,000-$300,000

    • C.

      $50,000-$100,000

    • D.

      Anything under $100,000

    Correct Answer
    B. Between $150,000-$300,000
    Explanation
    In some jurisdictions, criminal mischief in the second degree may involve damage or destruction of property with a monetary value that is $150,000 or more but less than $300,000. This can vary depending on the specific laws and regulations of the location, but it is generally within this range that criminal mischief is considered a second-degree offense.

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  • 27. 

    Rod walks into the "Friendly Tavern" (premise licensed to sell alcoholic beverages) with a 10" Bowie knife strapped to his side. Rod is not a peace officer or a member of the military. Rod should be charged with:

    • A.

      Possession of Prohibited Weapon

    • B.

      Place's Weapon Prohibited

    • C.

      Unlawful Carrying Weapon (Class A Misdemeanor)

    • D.

      Unlawful Carrying Weapon (3rd Degree Felony)

    • E.

      None of the above

    Correct Answer
    B. Place's Weapon Prohibited
    Explanation
    Place's Weapon Prohibited refers to the offense of carrying a prohibited weapon onto a licensed premise, such as a bar or restaurant, that holds a permit to sell alcoholic beverages. In this case, Rod is carrying a 10" Bowie knife, which can be considered a prohibited weapon, into the "Friendly Tavern," a licensed premise. Therefore, he should be charged with "Place's Weapon Prohibited."
    Possession of Prohibited Weapon can still be a valid charge in certain situations, but it typically refers to the offense of owning or carrying a prohibited weapon in any location, not necessarily restricted to licensed premises.

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  • 28. 

    Which of the following is not a prohibited weapon?

    • A.

      Knuckles

    • B.

      Armor-piercing ammunition

    • C.

      Knife with blade of 10 inches

    • D.

      Shotgun with a barrel length of less than 18 inches

    • E.

      Machine gun

    Correct Answer
    A. Knuckles
    Explanation
    While knuckles (also known as brass knuckles or knuckle dusters) can be considered weapons in many jurisdictions, they are not always classified as prohibited weapons in the same way as firearms or other dangerous weapons.
    Knuckles are usually regulated as "dangerous weapons" or "offensive weapons" and may be restricted or prohibited in some areas, but they are not always included in the same category of prohibited weapons as firearms, large knives, or other weapons that are considered more dangerous or deadly.

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  • 29. 

    The State has jurisdiction over an offense if:

    • A.

      Either the conduct or the result that is an element of the offense occurs in TX

    • B.

      The Conduct outside Tx constitutes an attempt to commit an offense inside TX

    • C.

      The conduct outside TX constitutes a conspiracy to commit an offense inside this state and an act in furtherance of the conspiracy occurs in TX

    • D.

      The conduct inside TX constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of TX.

    • E.

      All the above

    Correct Answer
    E. All the above
    Explanation
    The correct answer is "All the above" because all four conditions mentioned in the options establish the jurisdiction of the State over an offense. The first condition states that if either the conduct or the result of the offense occurs in Texas, the State has jurisdiction. The second condition states that if the conduct outside of Texas constitutes an attempt to commit an offense inside Texas, the State has jurisdiction. The third condition states that if the conduct outside of Texas constitutes a conspiracy to commit an offense inside Texas and an act in furtherance of the conspiracy occurs in Texas, the State has jurisdiction. Finally, the fourth condition states that if the conduct inside Texas constitutes an attempt, solicitation, or conspiracy to commit an offense in another jurisdiction that is also an offense under the laws of Texas, the State has jurisdiction. Therefore, all of these conditions establish the jurisdiction of the State over an offense.

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  • 30. 

    The form of criminal homicide normally occurring during a fit of blind rage or sudden passion is:

    • A.

      Murder

    • B.

      Capital Murder

    • C.

      Manslaughter

    • D.

      Intoxication Manslaughter

    • E.

      Criminally Negligent Homicide

    Correct Answer
    A. Murder
    Explanation
    Murder is the correct answer because it refers to the form of criminal homicide that occurs during a fit of blind rage or sudden passion. In such cases, the perpetrator intentionally causes the death of another person without any legal justification or excuse. This differs from manslaughter, which generally involves unintentional killing or killing without malice aforethought. Capital murder, intoxication manslaughter, and criminally negligent homicide are other forms of criminal homicide but do not specifically pertain to killings that happen during a fit of blind rage or sudden passion.

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  • 31. 

    Rocky J. Squirrel goes into a dressing room of a department store, puts a sweater (worth $75.00) on underneath his coat, and walks out without paying for the sweater. What offense has occurred?

    • A.

      Theft (Class A)

    • B.

      Robbery

    • C.

      Theft (Class B)

    • D.

      Theft (Class C)

    Correct Answer
    D. Theft (Class C)
    Explanation
    When the value of the stolen property is less than $100, it is classified as a Class C misdemeanor theft, with a maximum fine of $500. An illustration of a Class C Misdemeanor Theft is shoplifting. In this case, Rocky J. Squirrel concealed the sweater worth $75.00 under his coat and left the store without paying for it, which constitutes shoplifting. The value of the item stolen further influence the severity of the offense or the potential consequences and dictate the class of offence making it a class C offense. 

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  • 32. 

    Criminal ____________ means to have the specific intent to commit an offense and does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense.

    • A.

      Attempt

    • B.

      Solicitation

    • C.

      Conspiracy

    • D.

      Episode

    Correct Answer
    A. Attempt
    Explanation
    The correct answer is "Attempt." In criminal law, attempt refers to the act of intending to commit a crime and taking substantial steps towards its completion, but ultimately failing to carry it out. This means that the individual had the specific intent to commit the offense and performed actions that went beyond mere preparation. While the offense itself was not successfully executed, the attempt is still considered a criminal act and can be punishable under the law.

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  • 33. 

    Criminal _____________ means to agree with one or more persons that they or one or more of them engage in conduct that would constitute the offense and one or more perform an overt act to the agreement.

    • A.

      Attempt

    • B.

      Solicitation

    • C.

      Conspiracy

    • D.

      Episode

    Correct Answer
    C. Conspiracy
    Explanation
    Conspiracy is the correct answer because it involves an agreement between one or more individuals to engage in conduct that would constitute a criminal offense. Additionally, at least one person must perform an overt act in furtherance of the agreement. This distinguishes conspiracy from attempt, which involves an individual taking substantial steps towards committing a crime but without the agreement of others. Solicitation refers to encouraging or requesting someone to commit a crime, while episode is unrelated to the concept of criminal agreement.

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  • 34. 

    Rocky J. Squirrel goes into a dressing room of a department store, puts a sweater (worth 43.99) on underneath his coat, and walks out without paying for the sweater. Mr.Squirrel has been previously been convicted of theft. What offense has occurred?

    • A.

      Theft (Class C)

    • B.

      Theft (Class B)

    • C.

      Shoplifting (Class C)

    • D.

      Aggravated Theft

    Correct Answer
    B. Theft (Class B)
    Explanation
    Sec. 31.03 Pg. 74

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  • 35. 

    Mack intentionally strikes Sam in the head and shoulders with a nightstick. The incident took place in the jail where Mack was booking Sam in. Sam did nothing to provoke Mack except speak poorly about Mack's family heritage. What offense has occurred?

    • A.

      Official Misconduct

    • B.

      Official Oppression

    • C.

      Violation of Civil Rights of Prisoner

    • D.

      No offense has occurred - Sam got what he deserved

    Correct Answer
    C. Violation of Civil Rights of Prisoner
    Explanation
    Sec. 39.04 Pg. 135

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  • 36. 

    __________ is the failure to act.

    • A.

      Knowing

    • B.

      Omission

    • C.

      Reckless

    • D.

      Criminal Negligence

    Correct Answer
    B. Omission
    Explanation
    Omission refers to the failure to act or the act of neglecting to perform a required action. It can involve not doing something that one should have done, such as not fulfilling a duty or obligation. In this context, omission is the correct answer because it directly corresponds to the given definition of the failure to act.

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  • 37. 

    Charles reaches into the bed of a pickup truck and steals a $5.00 wrench. He has previously been convicted of theft. What is the highest level of offense he has committed?

    • A.

      Class C Theft

    • B.

      Class A Theft

    • C.

      Burglary of a motor vehicle

    • D.

      Burglary of a building

    Correct Answer
    C. Burglary of a motor vehicle
    Explanation
    Charles has committed the offense of Burglary of a motor vehicle. This is because he reached into the bed of a pickup truck and stole a $5.00 wrench. Burglary of a motor vehicle refers to the act of unlawfully entering or remaining inside a motor vehicle with the intent to commit a felony or theft. Since Charles has a previous conviction of theft, his act of stealing the wrench from the truck qualifies as a burglary offense.

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  • 38. 

    Officer Dudley Doright has stopped Snidely Whiplash for a traffic violation. Whiplash is abusive towards Doright and there is no one around to be offended by the remarks of Whiplash. Doright arrests Whiplash for Disorderly Conduct, knowing he does not have a lawful arrest. What offense has Doright committed?

    • A.

      Official Misconduct

    • B.

      Official Oppression

    • C.

      Violation of Civil Rights of Prisoner

    • D.

      No offense was committed by Doright - Whiplash really is guilty of Disorderly Conduct

    Correct Answer
    B. Official Oppression
    Explanation
    look over Sec. 39.03 Pg. 134

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  • 39. 

    A person who has custody, care, or control of a child younger than ______ years commits an offense if he or she intentionally abandons the child in any place under circumstances that expose a child to an unreasonable risk of harm.

    • A.

      10

    • B.

      13

    • C.

      14

    • D.

      15

    • E.

      17

    Correct Answer
    D. 15
    Explanation
    Sec 22.041 Pg 52

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  • 40. 

    If the loss due to theft is less than $500 but $50 or more, the grade of theft would be:

    • A.

      3rd Degree Felony

    • B.

      Class A Misdemeanor

    • C.

      Class B Misdemeanor

    • D.

      Class C Misdemeanor

    • E.

      You need more information to answer this question

    Correct Answer
    C. Class B Misdemeanor
    Explanation
    pg. 74 Sec. 31.03

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  • 41. 

    Cadet Jones did not study for his Penal Code test. In order to gain more time for study, he calls the Academy office and states "a bomb will go off in 20 minutes". Cadet Jones may be charged with:

    • A.

      Reckless Conduct

    • B.

      False Report to Peace Officer

    • C.

      Disorderly Conduct: Hindering Proceedings

    • D.

      Hoax Bomb

    • E.

      Terroristic Threat

    Correct Answer
    E. Terroristic Threat
    Explanation
    Cadet Jones may be charged with "Terroristic Threat" because by falsely claiming that a bomb will go off in 20 minutes, he is making a threat that causes fear and panic among others. This action is considered a serious offense as it involves the intentional act of creating fear and potentially endangering the safety and well-being of others.

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  • 42. 

    Punishable by imprisonment for 2 - 10 years in the institutional division; in addition to, may be fined up to $10,000.

    • A.

      Capitol Felony

    • B.

      1st Degree Felony

    • C.

      2nd Degree Felony

    • D.

      3rd Degree Felony

    • E.

      State Jail Felony

    Correct Answer
    D. 3rd Degree Felony
    Explanation
    A 3rd Degree Felony is the correct answer because the given statement mentions that the offense is punishable by imprisonment for 2-10 years in the institutional division. 3rd Degree Felonies typically carry a punishment range of 2-10 years of imprisonment, which aligns with the information provided. Additionally, the statement mentions that the offense may also be fined up to $10,000, which is consistent with the penalties associated with a 3rd Degree Felony.

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  • 43. 

    Joe abducts the son of the District Court judge. Joe calls the judge, the boy speaks with his daddy, then Joe says "Just think of what could happen if Harry Smith (Joe's brother) is convicted in your court." Joe then releases the boy unhurt at a church. The most serious offense is:

    • A.

      False Imprisonment

    • B.

      Kidnapping

    • C.

      Aggravated Kidnapping

    • D.

      Extortion

    • E.

      Abduction

    Correct Answer
    C. Aggravated Kidnapping
    Explanation
    pg. 38 Sec. 20.04 A person commits an offense if he intentionally or knowingly abducts another person with the intent to: (1) hold him for ransom or reward;

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  • 44. 

    ______________- physical pain, illness, or any impairment of physical condition.

    • A.

      Assault

    • B.

      Bodily Injury

    • C.

      Serious Bodily Injury

    • D.

      Deadly Conduct

    Correct Answer
    B. Bodily Injury
    Explanation
    Penal Code Block 1 pg.5

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  • 45. 

    COERCION means a threat, however communicated. Which of the following would not be coercion?

    • A.

      Preventing another from acquiring information likely to affect his judgment in a transaction

    • B.

      To accuse a person of any offense

    • C.

      To expose a person to hatred, contempt, or ridicule

    • D.

      To take or withhold action as a public servant, or to cause a public servant to take or withhold action

    • E.

      All of the above are coercion

    Correct Answer
    A. Preventing another from acquiring information likely to affect his judgment in a transaction
    Explanation
    The act of preventing someone from acquiring information that could influence their judgment in a transaction does not involve any form of threat or intimidation. Coercion typically involves using force, manipulation, or intimidation to make someone do something against their will. In this case, preventing someone from acquiring information may be seen as unethical or dishonest, but it does not fit the definition of coercion.

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  • 46. 

    What are the the four criminal mental states?

    • A.

      Intentional, reckless, accidental, knowing

    • B.

      Reckless, knowing, criminal negligence, intentional

    • C.

      Causation, knowing, criminal negligence, intentional

    • D.

      Reckless, willfully, criminal negligence, intentional

    Correct Answer
    B. Reckless, knowing, criminal negligence, intentional
    Explanation
    The correct answer is "Reckless, knowing, criminal negligence, intentional." These four mental states are commonly used in criminal law to determine the level of culpability of a defendant. Recklessness refers to consciously disregarding a substantial and unjustifiable risk. Knowing means being aware that one's actions will result in a particular outcome. Criminal negligence involves a gross deviation from the standard of care that a reasonable person would exercise. Intentional refers to acting with the purpose of causing a particular result. These mental states help establish the defendant's state of mind and intent in committing a crime.

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  • 47. 

    When a person causes the penetration of the anus or female sexual organ of another person who is not the spouse of the actor by any means, without that person's consent, they have committed the offense of:

    • A.

      Assault

    • B.

      Sexual Assault

    • C.

      Aggravated Sexual Assault

    • D.

      Rape

    Correct Answer
    B. Sexual Assault
    Explanation
    When a person causes the penetration of the anus or female sexual organ of another person without their consent, it is considered sexual assault. Sexual assault involves any non-consensual sexual activity, including penetration, and is a serious offense. It is important to respect and obtain consent from all parties involved in any sexual activity to ensure the safety and well-being of everyone.

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  • 48. 

    Vic, the local salesman, refuses to leave a residence after being informed to leave by the owner. Vic is arrested for Criminal Trespass. What penalty group would this fall under?

    • A.

      Felony 3rd Degree

    • B.

      Misdemeanor Class A

    • C.

      Misdemeanor Class B

    • D.

      Misdemeanor Class C

    Correct Answer
    B. Misdemeanor Class A
    Explanation
    Vic, the local salesman, refusing to leave a residence after being informed to leave by the owner would be considered as Criminal Trespass. This offense typically falls under the category of Misdemeanor Class A.

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  • 49. 

    Which one of the following defenses is not considered to be a valid defense in a criminal proceeding?

    • A.

      Duress

    • B.

      Mistake of fact

    • C.

      Intoxication

    • D.

      Entrapment

    Correct Answer
    C. Intoxication
    Explanation
    Intoxication is not considered to be a valid defense in a criminal proceeding because it does not negate the intent to commit the crime. Even if a person is under the influence of drugs or alcohol, they are still held responsible for their actions unless they can prove that they were involuntarily intoxicated. In other words, voluntary intoxication is not a valid defense because individuals are expected to take responsibility for their choices and actions while under the influence.

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  • 50. 

    Which of the following Disorderly Conduct offense's is not a class C misdemeanor?

    • A.

      Fighting with another in a public place

    • B.

      Displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm

    • C.

      Uses abusive, indecent, profane, or vulgar language in a public place

    • D.

      Exposing one's anus in a public place and careless about whether another may be present who may be offended

    Correct Answer
    B. Displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm
    Explanation
    The offense of displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm is not a Disorderly Conduct offense. It may be considered a more serious offense, such as brandishing a weapon or menacing, depending on the jurisdiction. Disorderly Conduct typically involves disruptive or offensive behavior that disturbs the peace, such as fighting, using abusive language, or indecent exposure.

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