Penal Code Practice Quiz
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- 1.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
- 2.____________ 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
- 3.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.
- 4.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
- 5.Punishable by life in prison or death
- A.
Capitol Felony
- B.
1st Degree Felony
- C.
2nd Degree Felony
- D.
3rd Degree Felony
- E.
State Jail Felony
- 6.What is the primary difference between robbery and theft?
- A.
The value of the item taken
- B.
The fact that property was taken from a residence rather than a business
- C.
The type of entry used
- D.
The use or attempted use of force
- 7.It is a defense to prosecution for resisting arrest or search that the arrest or search was unlawful.
- A.
True
- B.
False
- 8.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
- 9.Punishable by imprisonment for 2 - 10 years, and/or a fine not to exceed $10,000.
- A.
Capitol Felony
- B.
1st Degree Felony
- C.
2nd Degree Felony
- D.
3rd Degree Felony
- E.
State Jail Felony
- 10.A person acts (with) __________ with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
- A.
Knowingly
- B.
Recklessly
- C.
Criminal Negligence
- D.
Intentionally
- E.
None of the Above
- 11.When a person intentionally or knowingly 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
- 12.Nate refuses to leave a residence after being informed to leave by the owner. Nate 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
- 13.A.J. finds an expired credit card in the garbage. He knows the card is expired (and not his) but uses it to purchase a bottle of Hennesy. A.J. is guilty of:
- A.
Theft (3rd Degree Felony)
- B.
Theft (Class A Misdemeanor)
- C.
Credit Card Abuse
- D.
Fraud
- 14.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
- 15.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.
Each structure appurtenant to or connected with the structure or vehicle
- 16.Alan is drunk and driving a motor vehicle. He strikes, and kills Tim, as Tim is crossing the intersection. Alan may be charged with:
- A.
Murder
- B.
Capital Murder
- C.
Manslaughter
- D.
Intoxication Manslaughter
- 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
- 18.The form of criminal homicide normally occurring during sudden passion is:
- A.
Murder
- B.
Capital Murder
- C.
Manslaughter
- D.
Intoxication Manslaughter
- E.
Criminally Negligent Homicide
- 19.Carl breaks into a hardware store without the effective consent of the owner, with the intent to commit theft. Carl is apprehended inside the store, and was in possession of a firearm when he was caught. The most serious offense Carl may be charged with is:
- A.
Burglary (State Jail Felony)
- B.
Burglary (2nd Degree Felony)
- C.
Criminal Trespass (Class A Misdemeanor)
- D.
Unlawful Carrying Weapon
- 20.Andy knowingly carries on the front seat of his car a pair of brass knuckles. Andy could be charged with:
- A.
Possession of Prohibited Weapon
- B.
Unlawfully Carrying a Weapon
- C.
Possession of Weapon by Felon
- D.
No charge
- 21.Punishable by up to one year in jail, and/or a fine not to exceed $4,000.
- A.
State Jail Felony
- B.
Class A Misdemeanor
- C.
Class B Misdemeanor
- D.
Class C Misdemeanor
- 22.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
- 23.Punishable by confinement in a state jail for not more than two years or less than 180 days, and/or a fine not to exceed $10,000.
- A.
State jail Felony
- B.
Class A Misdemeanor
- C.
Class B Misdemeanor
- D.
3rd Degree Felony
- 24.Punishable by confinement in jail for not more than 180 days, and/or a fine not to exceed $2,000.
- A.
State Jail Felony
- B.
Class A Misdemeanor
- C.
Class B Misdemeanor
- D.
Class C Misdemeanor
- 25.Punishable by imprisonment for 5 - 99 years, or life, and/or a fine not to exceed $10,000.
- A.
Capitol Felony
- B.
1st Degree Felony
- C.
2nd Degree Felony
- D.
3rd Degree Felony
- E.
State Jail Felony
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