Penal Code Practice Quiz

1. Punishable by life in prison or death

Capital Felony

1st Degree Felony

2nd Degree Felony

3rd Degree Felony

State Jail Felony

A capital felony is a crime that is punishable by life in prison or death. This means that if someone is convicted of a capital felony, they may receive a sentence of either life imprisonment or the death penalty. Capital felonies are typically the most serious crimes, such as murder, treason, or terrorism. The severity of the punishment reflects the gravity of the offense and serves as a deterrent for potential offenders.

Explanation

A capital felony is a crime that is punishable by life in prison or death. This means that if someone is convicted of a capital felony, they may receive a sentence of either life imprisonment or the death penalty. Capital felonies are typically the most serious crimes, such as murder, treason, or terrorism. The severity of the punishment reflects the gravity of the offense and serves as a deterrent for potential offenders.

2. 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:

Assault

Sexual Assault

Aggravated Sexual Assault

Rape

Sec 22.011

Explanation

Sec 22.011

3. A person discharges a firearm into a crowd of people at a football game. During your interview with the suspect, he admits he fired the weapon, but he states he thought the gun was empty. The person can be charged with the criminal offense of

Aggravated Assault

Deadly Conduct

Terroristic Threat

No Criminal Offense

Sec 22.05

Explanation

Sec 22.05

4. 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

The Preponderance of the evidence

The correct answer is "Proof beyond a reasonable doubt." This is because in the legal system, the burden of proof required for a conviction is very high. It means that the evidence presented must be so strong and convincing that there is no reasonable doubt in the minds of the jurors or judge that the defendant is guilty. This standard is used to protect the rights of the accused and ensure that innocent individuals are not wrongfully convicted.

Explanation

The correct answer is "Proof beyond a reasonable doubt." This is because in the legal system, the burden of proof required for a conviction is very high. It means that the evidence presented must be so strong and convincing that there is no reasonable doubt in the minds of the jurors or judge that the defendant is guilty. This standard is used to protect the rights of the accused and ensure that innocent individuals are not wrongfully convicted.

5. For approximately 34 consecutive days, the 22-year-old suspect sexually abused the 12-year-old victim on five (5) different occasions. The criminal offense is

Sexual Assault of a Child

Indecency with a Child

Aggravated Sexual Assault

Continuous Sexual Abuse of a Child

Sec 21.02

Explanation

Sec 21.02

6. 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:

Theft (3rd Degree Felony)

Theft (Class A Misdemeanor)

Credit Card Abuse

Fraud

Sec 32.31

Explanation

Sec 32.31

7. Alan is drunk and driving a motor vehicle. He strikes and kills Tim as Tim is crossing the intersection. Alan may be charged with:

Murder

Capital Murder

Manslaughter

Intoxication Manslaughter

Alan may be charged with Intoxication Manslaughter because he was drunk while driving a motor vehicle, which impaired his ability to operate the vehicle safely. As a result, he struck and killed Tim, indicating that his intoxication directly contributed to the death. Manslaughter charges are typically applied when a person causes the death of another person due to their reckless or negligent behavior, and in this case, Alan's drunk driving fits this criteria. Capital Murder and Murder charges would require evidence of premeditation or intent to kill, which is not mentioned in the given scenario.

Explanation

Alan may be charged with Intoxication Manslaughter because he was drunk while driving a motor vehicle, which impaired his ability to operate the vehicle safely. As a result, he struck and killed Tim, indicating that his intoxication directly contributed to the death. Manslaughter charges are typically applied when a person causes the death of another person due to their reckless or negligent behavior, and in this case, Alan's drunk driving fits this criteria. Capital Murder and Murder charges would require evidence of premeditation or intent to kill, which is not mentioned in the given scenario.

8. Punishable by imprisonment for 2 - 20 years, and/or a fine not to exceed $10,000.

Capital Felony

1st Degree Felony

2nd Degree Felony

3rd Degree Felony

State Jail Felony

Sec. 12.33

Explanation

Sec. 12.33

9. An adult male admits to having consensual sexual intercourse with his adult aunt. The criminal offense is

Sexual Assault

Aggravated Sexual Assault

Prohibited Sexual Conduct

No Criminal Offense

Sec 25.02

Explanation

Sec 25.02

10. 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.

State jail Felony

Class A Misdemeanor

Class B Misdemeanor

3rd Degree Felony

Sec. 12.35

Explanation

Sec. 12.35

11. Punishable by imprisonment for 5 - 99 years, or life, and/or a fine not to exceed $10,000.

Capital Felony

1st Degree Felony

2nd Degree Felony

3rd Degree Felony

State Jail Felony

Sec. 12.32

Explanation

Sec. 12.32

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

State Jail Felony

Class A Misdemeanor

Class B Misdemeanor

Class C Misdemeanor

Sec 12.22

Explanation

Sec 12.22

13. Punishable by imprisonment for 2 - 10 years and/or a fine not to exceed $10,000.

Capital Felony

1st Degree Felony

2nd Degree Felony

3rd Degree Felony

State Jail Felony

A 3rd Degree Felony is a crime that is punishable by imprisonment for 2 - 10 years and/or a fine not to exceed $10,000. This means that if someone is convicted of a 3rd Degree Felony, they could face a prison sentence ranging from 2 to 10 years, and may also be required to pay a fine of up to $10,000.

Explanation

A 3rd Degree Felony is a crime that is punishable by imprisonment for 2 - 10 years and/or a fine not to exceed $10,000. This means that if someone is convicted of a 3rd Degree Felony, they could face a prison sentence ranging from 2 to 10 years, and may also be required to pay a fine of up to $10,000.

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

Involuntary Manslaughter

Voluntary Manslaughter

Murder

Capital Murder

19.03

Explanation

19.03

15. Punishable by up to one year in jail and/or a fine not to exceed $4,000.

State Jail Felony

Class A Misdemeanor

Class B Misdemeanor

Class C Misdemeanor

Sec. 12.21

Explanation

Sec. 12.21

16. You are investigating an Aggravated Robbery where the victim was beaten with a metal pipe. During your investigation, you discover there was a witness who watched the entire incident; the witness made contact with the victim after the suspect departed but then departed from the area without calling the police to report the offense. What, if any, the criminal offense can the witness be charged with?

Failure to Stop and Render Aid

Failure to Report a Felony

Criminal Conspiracy

No Criminal Offense

Sec 38.171

Explanation

Sec 38.171

17. The form of criminal homicide normally occurring during sudden passion is:

Murder

Capital Murder

Manslaughter

Intoxication Manslaughter

Criminally Negligent Homicide

The form of criminal homicide normally occurring during sudden passion is murder. This occurs when a person intentionally causes the death of another person, but the act is committed in the heat of the moment and without premeditation. It is typically a result of sudden anger, rage, or other intense emotions that temporarily cloud the person's judgment. While murder is a serious crime, the element of sudden passion can sometimes lead to a lesser charge or reduced sentence compared to premeditated murder.

Explanation

The form of criminal homicide normally occurring during sudden passion is murder. This occurs when a person intentionally causes the death of another person, but the act is committed in the heat of the moment and without premeditation. It is typically a result of sudden anger, rage, or other intense emotions that temporarily cloud the person's judgment. While murder is a serious crime, the element of sudden passion can sometimes lead to a lesser charge or reduced sentence compared to premeditated murder.

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

Assault (Class A Misdemeanor)

Assault (3rd Degree Felony)

Retaliation

Coercion of Public Servant or Voter

None of the above

36.06

Explanation

36.06

19. Rocky 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?

Theft (Class C)

Robbery

Shoplifting

Theft (Class B)

Sec 31.03

Explanation

Sec 31.03

20. A deputy did not study for their promotional exam. In order to gain more time to study, the deputy calls the office and states, "a bomb will go off in 20 minutes". The deputy may be charged with:

Hoax Bomb

False Report to Peace Officer

Disorderly Conduct: Hindering Proceedings

Terroristic Threat

22.07

Explanation

22.07

21. Officer Sotelo has stopped Matt for a traffic violation. Matt uses abusive language towards Sotelo, but there is no one around to be offended by the remarks. Sotelo arrests Matt for Disorderly Conduct, knowing he does not have a lawful arrest. What offense has Sotelo committed?

Official Misconduct

Official Oppression

Violation of Civil Rights of Prisoners

No offense, Matt really is guilty of Disorderly Conduct

Sec. 39.03

Explanation

Sec. 39.03

22. 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.

Knowingly

Recklessly

Criminal Negligence

Intentionally

None of the Above

Sec 6.03

Explanation

Sec 6.03

23. Andy knowingly carries on the front seat of his car a pair of brass knuckles. Andy could be charged with:

Possession of a Prohibited Weapon

Unlawfully Carrying a Weapon

Possession of Weapon by Felon

No charge

Sec. 46.05

Explanation

Sec. 46.05

24. 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?

Felony 3rd Degree

Misdemeanor Class A

Misdemeanor Class B

Misdemeanor Class C

Sec 30.05

Explanation

Sec 30.05

25. Rob walks into "Porky's" (a premise licensed to sell alcoholic beverages) with a 10" Bowie knife strapped to his side. Rob can be charged with:

Possession of a Prohibited Weapon

Place's Weapon Prohibited

Unlawful Carrying Weapon (Class A Misdemeanor)

Unlawful Carrying Weapon (3rd Degree Felony)

In many jurisdictions, carrying a weapon such as a Bowie knife openly in a location licensed to sell alcoholic beverages is prohibited by law. Typically, the law distinguishes between different types of locations and the manner of carrying (openly or concealed). Carrying a weapon in a place that serves alcohol often elevates the offense, generally making it a Class A misdemeanor, which can be subject to significant fines and jail time. The specific categorization as a felony or misdemeanor can depend on additional factors such as prior convictions or the exact type of establishment, but the scenario described typically fits the misdemeanor classification.

Explanation

In many jurisdictions, carrying a weapon such as a Bowie knife openly in a location licensed to sell alcoholic beverages is prohibited by law. Typically, the law distinguishes between different types of locations and the manner of carrying (openly or concealed). Carrying a weapon in a place that serves alcohol often elevates the offense, generally making it a Class A misdemeanor, which can be subject to significant fines and jail time. The specific categorization as a felony or misdemeanor can depend on additional factors such as prior convictions or the exact type of establishment, but the scenario described typically fits the misdemeanor classification.