Penal Code Practice Test: Quiz!

81 Questions | By RICARDOSALAS | Updated: Mar 21, 2022 | Attempts: 5986

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1.

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
2.

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
3.

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
4.

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
5.

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
6.

All crimes must have an actus reus (act) and mens reus (mental state).
- A.
  
  True
- B.
  
  False
7.

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
8.

____________ 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.
- A.
  
  Explosive weapon
- B.
  
  Firearm
- C.
  
  Handgun
- D.
  
  Machine gun
9.

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:
- A.
  
  Theft (3rd Degree Felony)
- B.
  
  Theft (Class A Misdemeanor)
- C.
  
  Credit Card Abuse
- D.
  
  Fraud
10.

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:
- A.
  
  Suspicion
- B.
  
  Reasonable suspicion
- C.
  
  Reasonable doubt
- D.
  
  Proof beyond a reasonable doubt
- E.
  
  Preponderance of the evidence
11.

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
12.

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
13.

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
14.

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.
15.

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
16.

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
17.

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?
- A.
  
  Prohibited Weapons
- B.
  
  Possession of Weapon by Felon
- C.
  
  Unlawful Carrying Weapons
- D.
  
  No charge may be filed
18.

Mr. Bill decides to break into a hardware store. He forces his way into the building and begins to collect items he intends to take. Officer Hand arrives and captures Mr. Bill, who also has a handgun in his belt. Mr. Bill did not have the effective consent of the owner (Mr. Sluggo) to be in the store. The most serious offense Bill may be charged in court with is:
- A.
  
  Burglary (State Jail Felony)
- B.
  
  Burglary (3rd Degree Felony)
- C.
  
  Criminal Trespass (Class A Misdemeanor)
- D.
  
  Unlawful Carrying Weapon
19.

C.B. knowingly carries on the front seat of his car a switch blade knife. C.B. should be charged with:
- A.
  
  Possession of Prohibited Weapon
- B.
  
  Unlawfully Carrying a Weapon
- C.
  
  Possession of Weapon by Felon
- D.
  
  No charge
20.

Punishable by up to one year in jail,; a $4,000 fine; and/or both such fine and imprisonment
- A.
  
  State Jail Felony
- B.
  
  Class A Misdemeanor
- C.
  
  Class B Misdemeanor
- D.
  
  Class C Misdemeanor
21.

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
22.

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
23.

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
24.

Punishable by imprisonment for 5 - 99 years, or life, 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
25.

Punishable by imprisonment for 2 - 20 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