Penal Code Practice Test: Quiz!

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Punishable by life in prison or death
- Capitol Felony
- 1st Degree Felony
- 2nd Degree Felony
- 3rd Degree Felony
- State Jail Felony

About This Quiz

This Penal Code Practice Test assesses knowledge in criminal law, focusing on various offenses and their legal consequences. It tests understanding of key legal concepts like felony classification, coercion, and criminal trespass, essential for legal professionals and students.

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2.

A person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor is what?
- Individual
- Owner
- Consent
- Actor
Correct Answer

A. Owner

Explanation

PC Block 1 Pg.13

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3.

Bodily injury that creates a substantial risk of death ot that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ is:
- Bodily Injury
- Serious Bodily Injury
- Aggravated Assault
- Assault
Correct Answer

A. Serious Bodily Injury

Explanation

PC Block 1 PG. 16

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4.

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:
- Assault
- Sexual Assault
- Aggravated Sexual Assault
- Rape
Correct Answer

A. 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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2
5.

Punishable by a fine only of up to $500
- State Jail Felony
- Class A Misdemeanor
- Class B Misdemeanor
- Class C Misdemeanor
Correct Answer

A. Class C Misdemeanor

Explanation

pg. 21 Sec. 12.23

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2
6.

A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury.
- Weapon
- Deadly Weapon
- Unlawful Weapon
- Deadly Tool
Correct Answer

A. Deadly Weapon

Explanation

Penal Code Block 1 pg.7

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7.

What are the the four criminal mental states?
- Intentional, reckless, accidental, knowing
- Reckless, knowing, criminal negligence, intentional
- Causation, knowing, criminal negligence, intentional
- Reckless, willfully, criminal negligence, intentional
Correct Answer

A. 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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8.

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:
- Assault
- Sexual Assault
- Aggravated Sexual Assault
- Rape
Correct Answer

A. 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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9.

Engaging in an act of sexual intercourse in a public place is:
- Indecent Exposure
- Public Lewdness
- A deviate sexual act
- Obscene Display or Distribution
- No offense
Correct Answer

A. Public Lewdness

Explanation

Sec. 21.07 Pg. 42

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10.

The general purpose of the Penal Code is to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm.
- True
- False
Correct Answer

A. True

Explanation

Penal Code Block 1 pg.1

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11.

All crimes must have an actus reus (act) and mens reus (mental state).
- True
- False
Correct Answer

A. True

Explanation

This statement is true because in order for a crime to be committed, there must be both a physical act (actus reus) and a guilty mind or intention (mens reus). The actus reus refers to the actual action or conduct that constitutes the crime, while the mens reus refers to the mental state or intention behind the act. Both elements are necessary to establish criminal liability.

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0
12.

____________ means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance.
- Explosive weapon
- Firearm
- Handgun
- Machine gun
Correct Answer

A. Firearm

Explanation

A firearm is a device that is designed to expel a projectile through a barrel by utilizing the energy generated by an explosion or burning substance. This can include various types of guns such as rifles, shotguns, and pistols. Firearm technology has evolved over time, but the basic principle remains the same - the explosion or burning of a propellant forces a projectile out of the barrel, allowing it to be propelled towards a target.

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13.

Which of the following Disorderly Conduct offense's is not a class C misdemeanor?
- fighting with another in a public place
- exposing one's anus in a public place and careless about whether another may be present who may be offended
- uses abusive, indecent, profane, or vulgar language in a public place
- displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm
Correct Answer

A. displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm

Explanation

pg. 137 Sec. 42.01

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14.

______________- physical pain, illness, or any impairment of physical condition.
- Assault
- Bodily Injury
- Serious Bodily Injury
- Deadly Conduct
Correct Answer

A. Bodily Injury

Explanation

Penal Code Block 1 pg.5

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15.

Joe, the village bum, finds an expired Master Card in the garbage. He knows the card is expired (and not his) but uses it to purchase a bottle of imported ripple. Joe is guilty of:
- Theft (3rd Degree Felony)
- Theft (Class A Misdemeanor)
- Credit Card Abuse
- Fraud
Correct Answer

A. Credit Card Abuse

Explanation

Joe is guilty of credit card abuse because he knowingly used an expired Master Card that did not belong to him to make a purchase. This action constitutes the unauthorized use of someone else's credit card, which is considered a criminal offense.

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16.

All persons are presumed to be innocent until proven guilty, and no person may be convicted of an offense unless each element of the offense is proven. The burden of proof required for a conviction is:
- Suspicion
- Reasonable suspicion
- Reasonable doubt
- Proof beyond a reasonable doubt
- Preponderance of the evidence
Correct Answer

A. Proof beyond a reasonable doubt

Explanation

In the legal system, the burden of proof required for a conviction is "proof beyond a reasonable doubt". This means that the prosecution must present evidence that is so convincing that there is no reasonable doubt in the minds of the jurors or judge regarding the defendant's guilt. This is a higher standard than "preponderance of the evidence", which is used in civil cases and requires only that the evidence shows it is more likely than not that the defendant is guilty. "Suspicion" and "reasonable suspicion" are lower standards that do not meet the requirement for a conviction.

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17.

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:
- Murder
- Capital Murder
- Manslaughter
- Intoxication Manslaughter
Correct Answer

A. 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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18.

No one can be convicted until all elements are proven
- With preponderance of the evidence
- With probable cause
- Beyond a reasonable doubt
- Clearly and convincing
Correct Answer

A. Beyond a reasonable doubt

Explanation

In the legal system, the burden of proof lies with the prosecution to prove that the defendant is guilty beyond a reasonable doubt. This means that there should be no other logical explanation that can be derived from the evidence presented, and the evidence must be convincing enough to leave no reasonable doubt in the minds of the jurors or judge. This high standard ensures that individuals are not wrongfully convicted and protects their rights to a fair trial.

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0
19.

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.
- State jail Felony
- Class A Misdemeanor
- Class B Misdemeanor
- 3rd Degree Felony
Correct Answer

A. State jail Felony

Explanation

pg. 22 Sec. 12.35

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1
20.

What is the primary difference between robbery and theft?
- The value of the item taken
- The fact that property was taken from a residence rather than a business
- The type of entry used
- The use or attempted use of force
Correct Answer

A. The use or attempted use of force

Explanation

The primary difference between robbery and theft is the use or attempted use of force. Robbery involves the act of taking someone's property by using force or the threat of force. On the other hand, theft refers to the act of taking someone's property without the use of force. In robbery, the perpetrator directly confronts the victim and uses force to intimidate or overpower them, while theft can occur without any direct interaction or confrontation with the victim.

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1
21.

__________ is the failure to act.
- Knowing
- Omission
- Reckless
- Criminal Negligence
Correct Answer

A. 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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22.

________________ is being aware that his conduct is resonably certain to cause the result.
- Knowing
- Intentional
- Reckless
- 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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1
23.

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.
- Attempt
- Solicitation
- Conspiracy
- Episode
Correct Answer

A. 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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24.

Arson is starting a fire with the intent to destroy or damage:
- A building, habitation, or vehicle
- Any vegetation, fence, or structure on open space land
- A person inside a house
- A and B
Correct Answer

A. A and B

Explanation

PC Block 7 pg.11

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25.

Which is not a form of criminal homicide?
- Murder
- Capital Murder
- Manslaughter
- Criminally Negligent Homicide
- All of the above are forms of criminal homicide.
Correct Answer

A. 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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1
26.

Punishable by imprisonment for 5 - 99 years, or life, in the institutional division; in addition to, may be fined up to $10,000.
- Capitol Felony
- 1st Degree Felony
- 2nd Degree Felony
- 3rd Degree Felony
- State Jail Felony
Correct Answer

A. 1st Degree Felony

Explanation

pg. 22 Sec. 12.32

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27.

Punishable by imprisonment for 2 - 20 years in the institutional division; in addition to, may be fined up to $10,000.
- Capitol Felony
- 1st Degree Felony
- 2nd Degree Felony
- 3rd Degree Felony
- State Jail Felony
Correct Answer

A. 2nd Degree Felony

Explanation

pg. 22 Sec. 12.33

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28.

_____________ means ought to have been aware of a substantial risk.
- Knowing
- Intentional
- Reckless
- Criminal Negligence
Correct Answer

A. 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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2
29.

Which of the following Disorderly Conduct offense's is not a class C misdemeanor?
- Fighting with another in a public place
- Displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm
- Uses abusive, indecent, profane, or vulgar language in a public place
- Exposing one's anus in a public place and careless about whether another may be present who may be offended
Correct Answer

A. 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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30.

A person who pays a witness to go to Miami on the day the witness was legally summoned to court proceedings in Harris County may be charged with:
- Bribery
- Coercing Public Servant or Voter
- Improper Influence
- Witness Tampering
- Interfering with Public Servant
Correct Answer

A. Witness Tampering

Explanation

Sec 36.05 Pg. 112

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31.

Consent is not effective if:
- Induced by force, threat, or fraud.
- Given by a person the actor knows is not legally authorized to act for the owner.
- Given solely to detect the commission of an offense.
- All the above.
Correct Answer

A. All the above.

Explanation

PC Block 1 Pg. 11

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32.

Punishable by imprisonment for 2 - 10 years in the institutional division; in addition to, may be fined up to $10,000.
- Capitol Felony
- 1st Degree Felony
- 2nd Degree Felony
- 3rd Degree Felony
- State Jail Felony
Correct Answer

A. 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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1
33.

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.
- Attempt
- Solicitation
- Conspiracy
- 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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34.

Punishable by up to one year in jail,; a $4,000 fine; and/or both such fine and imprisonment
- State Jail Felony
- Class A Misdemeanor
- Class B Misdemeanor
- Class C Misdemeanor
Correct Answer

A. Class A Misdemeanor

Explanation

pg. 21 Sec. 12.21

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35.

Punishable by a fine not to exceed $2,000, confinement in jail for not more than 180 days, or both such fine and confinement.
- State Jail Felony
- Class A Misdemeanor
- Class B Misdemeanor
- Class C Misdemeanor
Correct Answer

A. Class B Misdemeanor

Explanation

pg. 21 Sec 12.22

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36.

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:
- Indecency with a Child
- Public Lewdness
- Disorderly Conduct (Class B)
- Indecent Exposure
- Sexual Abuse of a Child
Correct Answer

A. Indecency with a Child

Explanation

Sec. 21.11 Pg 42

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37.

Elwood Blues' brother, Jake, has a warrant out for his arrest for robbery. Elwood, being the good brother that he is, calls Jake at his girlfriend's home to warn him that the police are on their way over to arrest Jake. What offense, if any, has occurred?
- Evading Arrest or Detention
- Hindering Apprehension or Prosecution
- Escape
- Permitting or Facilitating Escape
- Interference with Duties of Public Servants
Correct Answer

A. Hindering Apprehension or Prosecution

Explanation

Sec. 38.05 Pg. 123

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38.

Which of the following is a goal of the Penal code?
- Giving fair warning as to the rules and punishments (notice)
- Punishment fits the crime
- Give guidance to L/E and limit official discretion by L/E
- All the above
- None of the above
Correct Answer

A. All the above

Explanation

Penal Code Block 1 Pg. 1

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39.

Which one of the following defenses is not considered to be a valid defense in a criminal proceeding?
- Duress
- Mistake of fact
- Intoxication
- Entrapment
Correct Answer

A. 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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40.

The State has jurisdiction over an offense if:
- Either the conduct or the result that is an element of the offense occurs in TX
- The Conduct outside Tx constitutes an attempt to commit an offense inside TX
- 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
- 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.
- All the above
Correct Answer

A. 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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41.

A person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. What offense would he be charged with?
- Prohibited Weapons
- Possession of Weapon by Felon
- Unlawful Carrying Weapons
- No charge may be filed
Correct Answer

A. Unlawful Carrying Weapons

Explanation

The person would be charged with the offense of Unlawful Carrying Weapons. This offense applies to individuals who intentionally, knowingly, or recklessly carry a handgun, illegal knife, or club on or about their person. Possession of a weapon by a felon and prohibited weapons are separate offenses and do not apply in this scenario. Therefore, the correct charge would be Unlawful Carrying Weapons.

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42.

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:
- Involuntary Manslaughter
- Voluntary Manslaughter
- Murder
- Capitol Murder
Correct Answer

A. Capitol Murder

Explanation

pg. 35-36 Sec. 19.03 During the commission of Robbery

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3
43.

Granny threatens to "punch out" the dog catcher because he testified against her in court for violation of the city's barking dog ordinance. Granny may be charged with:
- Assault (Class A Misdemeanor)
- Assault (3rd Degree Felony)
- Retaliation
- Coercion of Public Servant or Voter
- None of the above
Correct Answer

A. Retaliation

Explanation

pg. 36.06 113

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44.

___________ is a conscious desire to engage in the conduct or cause the result.
- Knowing
- Intentional
- Reckless
- Criminal Negligence
Correct Answer

A. Intentional

Explanation

Intentional refers to a conscious desire to engage in the conduct or cause the result. It implies that the person acted with full knowledge and purpose, deliberately intending to carry out the action or achieve the outcome. This suggests a high level of intent and awareness on the part of the individual, indicating a deliberate and premeditated act rather than an accidental or unintentional one.

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45.

The form of criminal homicide normally occurring during a fit of blind rage or sudden passion is:
- Murder
- Capital Murder
- Manslaughter
- Intoxication Manslaughter
- 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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46.

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:
- Reckless Conduct
- False Report to Peace Officer
- Disorderly Conduct: Hindering Proceedings
- Hoax Bomb
- Terroristic Threat
Correct Answer

A. 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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1
47.

Habitation includes all of the following except:
- A structure adapted for overnight accommodation of a person
- A vehicle adapted for overnight accommodation of a person
- Any structure or enclosure designed specifically and only for commercial use
- Each separately secure, or occupied, portion of a structure or building
- Both B & D would not be considered a habitation
Correct Answer

A. 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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2
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?
- Felony 3rd Degree
- Misdemeanor Class A
- Misdemeanor Class B
- Misdemeanor Class C
Correct Answer

A. Misdemeanor Class B

Explanation

Criminal trespass, in most cases like this, is considered a Class B Misdemeanor. It involves someone refusing to leave a property after being explicitly told to do so by the owner or lawful occupant. The severity of the charge can vary depending on the situation, such as whether the trespass occurred in a building or another specific location, but refusal to leave a residence generally falls under this penalty group.

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6
49.

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:
- Criminal Attempt
- Criminal Conspiracy
- Criminal Solicitation
- All of the above
- Both A & B are correct
Correct Answer

A. Criminal Conspiracy

Explanation

Sec. 15.02 (a)(1)(2) pg. 28

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1

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Penal Code Practice Test: Quiz!

Punishable by life in prison or death

Quiz Preview

A person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor is what?

Bodily injury that creates a substantial risk of death ot that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ is:

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:

Punishable by a fine only of up to $500

A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury.

What are the the four criminal mental states?

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:

Engaging in an act of sexual intercourse in a public place is:

The general purpose of the Penal Code is to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm.

All crimes must have an actus reus (act) and mens reus (mental state).

____________ means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance.

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

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

Joe, the village bum, finds an expired Master Card in the garbage. He knows the card is expired (and not his) but uses it to purchase a bottle of imported ripple. Joe is guilty of:

All persons are presumed to be innocent until proven guilty, and no person may be convicted of an offense unless each element of the offense is proven. The burden of proof required for a conviction is:

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:

No one can be convicted until all elements are proven

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.

What is the primary difference between robbery and theft?

__________ is the failure to act.

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

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.

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

Which is not a form of criminal homicide?

Punishable by imprisonment for 5 - 99 years, or life, in the institutional division; in addition to, may be fined up to $10,000.

Punishable by imprisonment for 2 - 20 years in the institutional division; in addition to, may be fined up to $10,000.

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

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

A person who pays a witness to go to Miami on the day the witness was legally summoned to court proceedings in Harris County may be charged with:

Consent is not effective if:

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

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.

Punishable by up to one year in jail,; a $4,000 fine; and/or both such fine and imprisonment

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

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:

Elwood Blues' brother, Jake, has a warrant out for his arrest for robbery. Elwood, being the good brother that he is, calls Jake at his girlfriend's home to warn him that the police are on their way over to arrest Jake. What offense, if any, has occurred?

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

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

The State has jurisdiction over an offense if:

A person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. What offense would he be charged with?

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:

Granny threatens to "punch out" the dog catcher because he testified against her in court for violation of the city's barking dog ordinance. Granny may be charged with:

___________ is a conscious desire to engage in the conduct or cause the result.

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

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:

Habitation includes all of the following except:

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 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: