Primary 2 Practice Exam

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  • 1/133 Questions

    SUSIE IS DRIVING DOWN A STREET AT MIDNIGHT AND THERE ARE NO STREET LIGHTS. SHE RUNS OVER A HOMELESS MAN WHO IS DRUNK AND SLEEPING IN THE MIDDLE OF THE ROAD =. THE HOMELESS MAN IS PRONOUNCED DEAD AT THE SCENE. THE INVESTIGATION REVEALS THAT SUSIE WAS NOT SPEEDING AND COMMITTED NO TRAFFIC VIOLATIONS. HOWEVER, SHE BLEW A .13 ON THE INTOXILYZER. WHAT OFFENSE HAS SUSIE COMMITTED?

    • PUBLIC INTOXICATION
    • DRIVING WHILE INTOXICATED
    • INTOXICATION ASSAULT
    • INTOXICATION MANSLAUGHTER
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About This Quiz

The 'Primary 2 Practice Exam' assesses knowledge on Texas laws regarding alcohol influence, weapon carrying, and gambling. It tests legal thresholds and restrictions pertinent to law enforcement and public safety.

Primary 2 Practice Exam - Quiz

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  • 2. 

    HEARTLESS HARRY WORKS AT THE COUNTY MORGUE AND DECIDES THAT HE WANTS TO MAKE EXTRA MONEY IN THE POOR ECONMY. HE FINDS A PERSON ON CRAIGSLIST WHO IS WILLING TO BUY HUMAN REMAINS. WHICH OF THE FOLLOWING COULD HARRY SELL HIS POTENTIAL NEW CUSTOMER AND NOT BE PROSECUTED?

    • KIDNEYS

    • SKIN

    • HEARTS

    • BLOOD

    Correct Answer
    A. BLOOD
    Explanation
    Harry could potentially sell blood to his new customer without being prosecuted.

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  • 3. 

    Officer Mark is cursed at by a prisoner so he needlessly tightens the prisoner’s handcuffs, causing the prisoner pain.  Mark has committed:

    • No offense if he was really cursed at

    • Violation of the civil rights of a person in custody

    • Aggravated Assault

    • False Imprisonment

    Correct Answer
    A. Violation of the civil rights of a person in custody
    Explanation
    Officer Mark's action of needlessly tightening the prisoner's handcuffs, causing the prisoner pain, can be considered a violation of the civil rights of a person in custody. This is because every person, even those in custody, has the right to be treated with dignity and not subjected to unnecessary harm or suffering. Officer Mark's actions go against these rights and can be seen as an abuse of power and a violation of the prisoner's civil rights.

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  • 4. 

    What constitutes resisting arrest?

    • A person being arrested uses force against the officer who is trying to arrest him.

    • Fleeing from an officer attempting to make an arrest

    • Hiding from an officer attempting to make an arrest

    • Pulling away from an officer trying to make an arrest (no contact)

    Correct Answer
    A. A person being arrested uses force against the officer who is trying to arrest him.
    Explanation
    Resisting arrest refers to the act of using force against an officer who is attempting to arrest an individual. This can involve physically resisting, such as pushing or striking the officer, or using any other form of force to prevent the arrest from taking place. It is considered a crime and can lead to additional charges and penalties.

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  • 5. 

    Amy’s dad buys an obscene video depicting sexual intercourse and deviant sexual intercourse and watches it at home.  Amy is eight years old and dad watches the video on TV while Amy is playing with her dolls in the living room in front of the TV.  What offense, if any, has dad committed?

    • No offense since dad watched the movie in his home

    • Child pornography

    • Displaying harmful material to a minor

    • No offense if dad claims the tape was for sex education of his daughter

    Correct Answer
    A. Displaying harmful material to a minor
    Explanation
    Dad has committed the offense of displaying harmful material to a minor. Even though he watched the video in his own home, it is still considered an offense because he exposed his eight-year-old daughter to explicit sexual content which is harmful and inappropriate for her age.

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  • 6. 

    If a person induces a ____ year old female to engage in a sexual act, he has committed Sexual performance by a child

    • 17

    • 18

    • 19

    • 20

    Correct Answer
    A. 17
    Explanation
    If a person induces a 17-year-old female to engage in a sexual act, he has committed Sexual performance by a child. In many jurisdictions, the age of consent is 18, meaning that engaging in sexual activities with someone under that age is considered illegal. Therefore, if the person in question induces a 17-year-old to participate in a sexual act, it falls under the category of sexual performance by a child.

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  • 7. 

    Under the statutes, at least how many persons constitute a "riot"?

    • 4

    • 5

    • 6

    • 7

    • 9

    Correct Answer
    A. 7
    Explanation
    Under the statutes, a "riot" is constituted by at least seven persons. This means that if there are fewer than seven people involved in a disturbance or violent behavior, it would not be legally classified as a riot. The number seven is significant as it signifies a larger group of individuals engaging in disruptive and potentially dangerous activities, warranting legal consequences and intervention.

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  • 8. 

    A person disrupts a PTA or school board meeting; this offense is called

    • Disorderly conduct

    • Hindering proceeding.

    • Obstruction.

    • Retaliation.

    Correct Answer
    A. Hindering proceeding.
    Explanation
    When a person disrupts a PTA or school board meeting, they are hindering the proceeding by causing disturbance and interrupting the normal flow of the meeting. This behavior can be considered as hindering the proceeding because it prevents the meeting from being conducted smoothly and interferes with the purpose and objectives of the meeting. Disorderly conduct, obstruction, and retaliation may also be related to disruptive behavior, but hindering proceeding specifically refers to the act of interfering with the progress and functioning of the meeting.

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  • 9. 

    Criminal Mischief is a 2nd degree felony if:

    • The amount of damage is from $500 to $1,5000.

    • The amount of damage is $100,000 or more but > than $200,000

    • The property damaged was a fence used to contain cattle.

    • The property damaged was a fence used to contain exotic poultry.

    Correct Answer
    A. The amount of damage is $100,000 or more but > than $200,000
    Explanation
    If the amount of damage caused is between $100,000 and $200,000, then it is considered Criminal Mischief as a 2nd degree felony. This means that the damage caused falls within the specified range, making it a serious offense.

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  • 10. 

    Mark Sanchez leaves for the night, gets drunk and returns to his apartment to find that his common law wife has locked him out again.  He bangs on the door then enters through a previously broken window.  Has he committed a burglary?

    • No, because he is the owner.

    • No, because the window was already broken.

    • Yes because he didn’t go in through the door

    • Yes because his wife had locked him out once before.

    Correct Answer
    A. No, because he is the owner.
    Explanation
    The reason why Mark Sanchez has not committed burglary is because he is the owner of the apartment. Burglary involves the unauthorized entry into someone else's property with the intent to commit a crime. Since Mark is the owner, he has the right to enter his own property even if he is locked out. The fact that he entered through a previously broken window further supports the idea that he did not commit burglary, as he did not forcibly enter the property.

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  • 11. 

    What is the primary difference between robbery and theft?

    • The value of the item taken

    • The fact that the property was taken from a person rather than from a business

    • The use of attempted use of force

    • None of the above, the only difference is punishment

    Correct Answer
    A. The use of 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, threat, or intimidation. On the other hand, theft refers to the act of taking someone's property without the use of force or threat. The value of the item taken or whether it was taken from a person or a business is not the main factor that distinguishes robbery from theft. The key factor is the presence or attempted use of force in the act.

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  • 12. 

    In Texas, stealing a trade secret is:

    • A felony

    • A misdemeanor

    • A civil case

    • Violation of the Constitution

    Correct Answer
    A. A felony
    Explanation
    Stealing a trade secret in Texas is considered a felony. This means that it is a serious criminal offense punishable by imprisonment and/or fines. Felonies are typically reserved for more severe crimes, indicating that the theft of a trade secret is considered a significant violation of the law in Texas.

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  • 13. 

    Joe, Bill and Ray eat at Chilies and then run the check. They are all guilty of:

    • Theft of Service.

    • Credit card abuse.

    • Forgery.

    • Theft but only for the food they ate.

    Correct Answer
    A. Theft of Service.
    Explanation
    Joe, Bill, and Ray are all guilty of theft of service because they ate at Chilies and then ran the check without paying. This means that they received a service (food) without paying for it, which constitutes theft of service. The other options (credit card abuse, forgery, theft but only for the food they ate) do not accurately describe their actions.

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  • 14. 

    Randy goes to Walmart and selects a DVD player that costs $300 which is in a box with a UPC code that sets the price at $300.  Randy removes the DVD and puts the $300 DVD player in another DVD box where the cost is $99 per the UPC code on that box.  Randy goes to the checkout  & pays $99 for the DVD.  Randy is stopped as he leaves the store and the switch of the DVD is discovered.  Randy has committed what offense?

    • Class B theft of the DVD because the amount stolen is $201 difference between what he paid and the actual cost of the DVD.

    • Deceptive business practice.

    • Fraud in the inducement.

    • Fraudulent destruction, removal or concealment of a writing a Class A misdemeanor “price tag switching”.

    Correct Answer
    A. Fraudulent destruction, removal or concealment of a writing a Class A misdemeanor “price tag switching”.
    Explanation
    Randy has committed the offense of fraudulent destruction, removal, or concealment of a writing, specifically "price tag switching." This offense is considered a Class A misdemeanor. Randy intentionally removed the DVD from its original box with a UPC code that priced it at $300 and placed it in a different box with a UPC code that priced it at $99. By doing so, Randy deceived the store and paid a lower price than the actual cost of the DVD, which constitutes fraudulent behavior.

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  • 15. 

    18. Bill buys his wife a $10K fur coat.  Bill’s house burns down and on the insurance claim he files the loss of the $10K fur coat in addition to the $100K actual loss he sustained from the fire. The fur coat was in storage and was not destroyed as claimed.  Bill’s ex wife tells the insurance company of the fraudulent claim.  The insurance company pays the loss of the house but declines the claim for the fur.  Which of the following is true?

    • Bill is guilty of attempted theft of $10,000.

    • Bill is not guilty of any crime since the insurance did not pay the claim.

    • Bill is guilty of securing execution of a document by deception.

    • Bill is guilty of insurance fraud even though he did not receive money for the false claim.

    Correct Answer
    A. Bill is guilty of insurance fraud even though he did not receive money for the false claim.
    Explanation
    Bill is guilty of insurance fraud even though he did not receive money for the false claim because he intentionally filed a fraudulent claim for the $10,000 fur coat that was not destroyed in the fire. Insurance fraud involves making false claims or statements to an insurance company in order to receive benefits or compensation. In this case, Bill attempted to deceive the insurance company by falsely claiming a loss that did not occur, which constitutes insurance fraud regardless of whether he received any money for the claim.

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  • 16. 

    Murray is in possession of a $700.00 I pod which he purchased knowing the serial number had been ground off.  Of what is he guilty?

    • No offense.

    • Class B Theft.

    • Class A Theft.

    • Class A Tampering with Identification Numbers

    Correct Answer
    A. Class A Tampering with Identification Numbers
    Explanation
    Murray is guilty of Class A Tampering with Identification Numbers because he knowingly purchased an iPod with the serial number ground off. This act of tampering with the identification number is a criminal offense.

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  • 17. 

    WHICH OF THE FOLLOWING IS NOT A LOCATION WHERE A WEAPON IS PROHIBITED?

    • SYNAGOGUE

    • RACETRACK

    • DEPARTMENT STORE

    • HIGH SCHOOL FOOTBALL GAME

    Correct Answer
    A. DEPARTMENT STORE
    Explanation
    A department store is not a location where a weapon is prohibited. While it is common for places like synagogues, racetracks, and high school football games to have restrictions on carrying weapons due to safety concerns, department stores generally do not have such regulations. This is because department stores are considered public spaces where individuals are allowed to carry personal belongings, including weapons, as long as they comply with local laws and regulations. However, it is important to note that individual department stores may have their own policies regarding weapons, so it is always advisable to check with the specific store before carrying a weapon inside.

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  • 18. 

    DRIVING WHILE INTOXICATED ID GENERALLY A CLASS B MISDEMEANOR, WITH A MINIMUM CONDINEMENT OF:

    • 24 HOURS

    • 72 HOURS

    • TWO DAYS

    • ONE WEEK

    Correct Answer
    A. 72 HOURS
    Explanation
    Driving while intoxicated is generally considered a serious offense and is classified as a Class B misdemeanor. The minimum confinement for this offense is typically 72 hours. This means that individuals convicted of driving while intoxicated may be required to spend at least 72 hours in jail as a consequence of their actions.

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  • 19. 

    JOE BLOW IS WALKING FROM HIS APARTMENT TO HIS VEHICLE AND HE HAS A HANDGUN IN HIS POCKET. WHAT OFFENSE HAS HE COMMITTED?

    • UNLAWFULLY CARRYING A WEAPON

    • CARRYING A WEAPON IN A PROHIBITED PLACE

    • UNLAWFUL CARRYING OF A HANDGUN BY LICENSE HOLDER

    • NO OFFENSE

    Correct Answer
    A. NO OFFENSE
    Explanation
    Joe Blow has not committed any offense because simply walking from his apartment to his vehicle with a handgun in his pocket does not inherently violate any laws or regulations. However, it is important to note that specific laws and regulations regarding the carrying of firearms may vary depending on the jurisdiction, so it is always advisable to be aware of and comply with applicable laws in one's area.

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  • 20. 

    IF A PERSON HAS A LICENSE TO CARRY A CONCEALED HANDGUN, WHICH OF THE FOLLOWING STATEMENTS IS CORRECT?

    • HE CAN CARRY HIS GUN TO A HOSPITAL

    • HE CAN CARRY HIS GUN TO A PUBLIC PARK

    • HE CAN CARRY HIS GUN TO A HIGH SCHOOL BASEBALL GAME

    • HE CAN CARRY HIS GUN TO CHURCH

    Correct Answer
    A. HE CAN CARRY HIS GUN TO A PUBLIC PARK
    Explanation
    A person with a license to carry a concealed handgun is allowed to carry their gun to a public park.

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  • 21. 

    JOE DOES NOT HAVE A LICENSE TO CARRY A CONCEALED HANDGUN.  WHICH OF THE FOLLOWING CONSTITUTES THE OFFENSE OF CARRYING A WEAPON?

    • JOE IS STOPPED FOR SPEEDING AND UPON PATDOWN, A NIGHTSTICK IS RECOVERED FROM HIS FRONT POCKET

    • JOE IS STOPPED FOR SPEEDING IN HIS VEHICLE AND A HANDGUN IS LAYING IN PLAIN VIEW IN THE DRIVER'S SIDE FLOORBOARD

    • JOE IS STOPPED WALKING FROM HIS HOUSE TO HIS CAR AND HAS A GUN IN HIS POCKET

    • JOE IS STOPPED FOR SPEEDING IN HIS VEHICLE AND A GUN IN FOUND UNDER THE DRIVER'S SEAT

    Correct Answer
    A. JOE IS STOPPED FOR SPEEDING IN HIS VEHICLE AND A HANDGUN IS LAYING IN PLAIN VIEW IN THE DRIVER'S SIDE FLOORBOARD
    Explanation
    The offense of carrying a weapon in this scenario is when Joe is stopped for speeding in his vehicle and a handgun is laying in plain view in the driver's side floorboard. This constitutes carrying a weapon because Joe does not have a license to carry a concealed handgun and the handgun is easily visible to anyone in the vehicle.

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  • 22. 

    Matt is trying to call 911 because he things his wife Lisa is about to assault him.  Lisa never strikes Matt but grabs his cell phone and smashes it.  The phone is worth $30.00.  What is the most serious offense Lisa can be charged with?  

    • Class C Criminal Mischief

    • Class A Interference with Emergency Phone Call

    • Class A Assault Family Violence

    • No offense because there was no emergency

    Correct Answer
    A. Class A Interference with Emergency Phone Call
    Explanation
    The most serious offense Lisa can be charged with is Class A Interference with Emergency Phone Call. This is because she grabbed Matt's cell phone and smashed it, which prevented him from making an emergency call to 911. Interfering with someone's ability to make an emergency phone call is a serious offense.

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  • 23. 

    Which of the following is Violation of the Civil Rights of a person in custody?

    • Pulling the defendants arm behind his back when handcuffing the defendant and the defendant says that it hurts.

    • Not allowing a defendant in custody to use his cell phone to call his lawyer after he is under arrest.

    • Touching the breast of a female in custody because your partner dares you to do so.

    • Touching the breast of a female in custody because your partner dares you to do so.

    Correct Answer
    A. Touching the breast of a female in custody because your partner dares you to do so.
    Explanation
    Touching the breast of a female in custody without her consent is a clear violation of her civil rights. It is a form of sexual assault and goes against the principles of bodily autonomy and dignity. This action is not only unethical but also illegal, as it infringes upon the individual's right to be free from harm and abuse while in custody.

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  • 24. 

    Which of the following does not constitute the offense of Cruelty to Non-Livestock Animals?

    • Putting a cat in a sack and beating it with a stick

    • Shooting your neighbor’s dog with a pellet gun every time it begins to bark when you neighbor leaves the house.

    • Shoots a dog that was run over by a car to put it out of its misery

    • Poisoning a domesticated living creature, including any stray or feral cat or dog.

    Correct Answer
    A. Shoots a dog that was run over by a car to put it out of its misery
    Explanation
    The offense of Cruelty to Non-Livestock Animals typically involves intentionally causing harm or suffering to animals. However, shooting a dog that was run over by a car to put it out of its misery can be seen as an act of mercy rather than cruelty, as it is aimed at ending the animal's suffering. Therefore, it does not constitute the offense of Cruelty to Non-Livestock Animals.

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  • 25. 

    Off. Gotcha lawfully detains Slimey Sam, Sam refuses to produce identification.  Bob has committed ____.

    • False Report to a Peace Officer

    • Failure to Identify

    • Hindering Apprehension

    • No offense

    Correct Answer
    A. Failure to Identify
    Explanation
    In this scenario, Slimey Sam is lawfully detained by Officer Gotcha. However, Sam refuses to produce identification when requested by the officer. This action of Sam can be considered as a failure to identify oneself, which is a crime in many jurisdictions. Therefore, Bob has committed the offense of Failure to Identify.

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  • 26. 

    If a person causes a person under the age of 17 to commit prostitution, he commits the offense of ____.

    • Prostitution

    • Promotion of prostitution

    • Compelling prostitution

    • Engaging in Organized Criminal Activity

    Correct Answer
    A. Compelling prostitution
    Explanation
    If a person causes a person under the age of 17 to commit prostitution, it is considered the offense of compelling prostitution. This means that the person is forcing or coercing the underage individual into engaging in prostitution against their will. This action is illegal and punishable by law.

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  • 27. 

    Which of the following is the main difference between resisting arrest and evading arrest?

    • Suspect uses physical force in avoiding apprehension in each; therefore, there is no difference.

    • Suspect uses force to avoid apprehension in evading but not in resisting

    • Suspect uses force to avoid apprehension in resisting but merely runs away in evading

    • None of the above

    Correct Answer
    A. Suspect uses force to avoid apprehension in resisting but merely runs away in evading
    Explanation
    The main difference between resisting arrest and evading arrest is that in resisting arrest, the suspect uses force to avoid apprehension, while in evading arrest, the suspect merely runs away without using force.

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  • 28. 

      Intentionally starting a fire that recklessly damages a building belonging to another is not arson in Texas.

    • True

    • False

    Correct Answer
    A. False
    Explanation
    Starting a fire that recklessly damages a building belonging to another is considered arson in Texas. Arson refers to the intentional act of setting fire to property, and in this case, the act of intentionally starting a fire that damages another person's building would fall under the definition of arson. Therefore, the statement that intentionally starting a fire that recklessly damages a building belonging to another is not arson in Texas is false.

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  • 29. 

    Criminal Mischief includes, without the effective consent of the owner…

    • Intentionally damages the tangible property of another.

    • Intentionally tampers with the tangible property of another causing loss or inconvenience.

    • Intentionally makes markings such as slogans and drawings on another’s property.

    • All of the above.

    Correct Answer
    A. All of the above.
    Explanation
    Criminal Mischief refers to the intentional act of damaging or tampering with someone else's tangible property without their consent. This can include physically damaging the property, tampering with it to cause inconvenience or loss, or making markings such as slogans or drawings on it. Therefore, the correct answer is "All of the above" as all the given options are examples of Criminal Mischief.

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  • 30. 

     Criminal Mischief may be a misdemeanor if:

    • The amount of damage is over $1,000 but under $1,500.

    • The amount of damage is over $1,500.

    • The damage was to a habitation and caused by an explosion.

    • The act caused the interruption of a public water supply.

    Correct Answer
    A. The amount of damage is over $1,000 but under $1,500.
    Explanation
    If the amount of damage caused by the criminal mischief is over $1,000 but under $1,500, it may be considered a misdemeanor. This means that if the damage caused falls within this specific range, it would be a less serious offense compared to if the damage was over $1,500.

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  • 31. 

    The types of property listed in Chapter 30 subject to being burglarized are:

    • Building, car, coin operated machine or coin collection machine

    • Building, habitation, vehicle, coin operated machine or coin collection machine

    • Building, house, car, home, coin operated machine or coin collection machine

    • Breaking and entering, remaining concealed, reaching in with intent to commit a theft

    Correct Answer
    A. Building, habitation, vehicle, coin operated machine or coin collection machine
    Explanation
    The correct answer is "Building, habitation, vehicle, coin operated machine or coin collection machine." This answer includes all the types of property listed in the options, which are building, habitation, vehicle, coin operated machine, and coin collection machine. The other options either miss one or more types of property or include additional types of property not listed in the question.

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  • 32. 

    A person commits burglary if, without the consent of the owner, he enters a building

    •  With the intent to commit a felony, theft or assault.

    • And remains concealed with the intent to commit a felony, theft or assault

    • And commits or attempts to commits a felony, theft or an assault.

    • All of the above.

    Correct Answer
    A. All of the above.
    Explanation
    The given answer "All of the above" is correct because all three statements describe different elements of the crime of burglary. The first statement states that a person commits burglary if they enter a building without the owner's consent with the intent to commit a felony, theft, or assault. The second statement adds that the person must also remain concealed with the intent to commit one of those offenses. The third statement states that the person must actually commit or attempt to commit a felony, theft, or assault. Therefore, all three statements are necessary to fully define the crime of burglary.

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  • 33. 

    Which of the following crimes may be an element in the offense of burglary?

    • Sexual assault

    • Disorderly conduct

    • Prostitution

    • Forge a prescription

    Correct Answer
    A. Sexual assault
  • 34. 

    Criminal Trespass occurs when a person enters or remains on or in the property of another without the effective consent of the person and had notice that entry was forbidden or received notice to depart but failed to do so.

    • True

    • False

    Correct Answer
    A. True
    Explanation
    The statement accurately defines criminal trespass as the act of entering or remaining on someone else's property without their consent, despite being aware that entry is prohibited or having been notified to leave. Therefore, the correct answer is true.

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  • 35. 

    A City of Houston computer is stolen.  The city employee the computer is assigned to is listed on the indictment as the “owner”.  This is:

    • Incorrect-he no longer has possession.

    • Incorrect-he did not have title to the property.

    • Correct-the employee had a greater right to possession than the thief.

    • Correct-only if he personally witnessed the theft.

    Correct Answer
    A. Correct-the employee had a greater right to possession than the thief.
    Explanation
    The correct answer is that the employee had a greater right to possession than the thief. This means that even though the computer was stolen, the employee still has a legitimate claim to ownership or possession of the computer. This could be because the employee was authorized to use the computer for work purposes or had been assigned to use it by the city of Houston.

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  • 36. 

    In a prosecution for unauthorized use of a motor vehicle, evidence that the defendant operated another’s motor-propelled vehicle without the effective consent of the owner could be that:

    • The steering column was broken.

    • The car window and door locks were broken.

    • The car was recently stolen in a robbery.

    • All of the above

    Correct Answer
    A. All of the above
    Explanation
    The correct answer is "All of the above" because each of the given pieces of evidence suggests that the defendant operated another person's motor-propelled vehicle without their consent. The broken steering column, broken car window and door locks, and the fact that the car was recently stolen in a robbery all indicate unauthorized use of the vehicle.

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  • 37. 

    Enhanced punishments are available for a person who commits     Organized Retail Theft and…

    • Stole from a retail store located in a mall.

    • Supervised one or more other persons to engage in the theft.

    • Stole from a store going out of business.

    • Stole from a store that sells computers.

    Correct Answer
    A. Supervised one or more other persons to engage in the theft.
    Explanation
    The question asks for the scenario in which enhanced punishments are available for a person who commits Organized Retail Theft. Out of the given options, the only scenario that qualifies for enhanced punishments is when the person supervises one or more other persons to engage in the theft. This indicates a higher level of organization and planning, which typically results in more severe penalties.

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  • 38. 

    WHICH OF THE FOLLOWING IS THE MINIMUM LEVEL OF BLOOD-ALCOHOL CONCENTRATION THAT DEFINES A PERSON AS BEING UNDER THE INFLUENCE OF AN INTOXICATING BEVERAGE IN THE STATE OF TEXAS?

    • 0.05

    • 0.08

    • 0.09

    • 0.10

    Correct Answer
    A. 0.08
    Explanation
    In the state of Texas, a person is considered under the influence of an intoxicating beverage if their blood-alcohol concentration (BAC) is at or above 0.08. This means that if a person's BAC is 0.08 or higher, they are legally impaired and may face penalties for driving under the influence.

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  • 39. 

    Gary punches Officer Joe in the chest, causing no pain as Joe is attempting to arrest him for PI.  Charge Gary with:

    • No offense since there was no pain

    • Class A Resisting Arrest

    • Class A assault

    • 3rd Degree Assault on a Public Servant

    Correct Answer
    A. Class A Resisting Arrest
    Explanation
    Gary should be charged with Class A Resisting Arrest. Although he punched Officer Joe in the chest, causing no pain, the act of resisting arrest is still considered an offense. The absence of pain does not negate the fact that Gary was attempting to resist being arrested by the officer. Therefore, the appropriate charge in this situation would be Class A Resisting Arrest.

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  • 40. 

    RINGO, A LICENSED HANDGUN HOLDER, BRINGS HIS PISTOL WITH HIM TO SIX FLAGS OVER TEXAS. WHAT IS THE HIGHEST LEVEL OF OFFENSE HE HAS COMMITTED?

    • NO OFFENSE

    • CARRYING A WEAPON

    • POSSESSION OF A PROHIBITED WEAPON

    • UNLAWFUL CARRYING BY A LICENSE HOLDER

    Correct Answer
    A. UNLAWFUL CARRYING BY A LICENSE HOLDER
    Explanation
    Ringo, as a licensed handgun holder, is allowed to carry his pistol. However, bringing his pistol to Six Flags Over Texas, a public amusement park, would be considered unlawful carrying by a license holder. This is because Texas law prohibits the carrying of firearms in certain locations, including amusement parks, even for individuals with a license. Therefore, the highest level of offense Ringo has committed is unlawful carrying by a license holder.

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  • 41. 

    LOUIE IS STOPPED ON TRAFFIC AND A 9MM IS UNDER TH DRIVER'S SEAT OF HIS VEHICLE. HE IS THE ONLY PERSON IN THE CAR. HE GOT OFF PAROLE SIX YEARS AGO FOR DRUG CONVICTION. WHAT OFFENSE HAS HE COMMITTED, IF ANY?

    • NO OFFENSE SINCE FIVE YEARS HAVE PASSED SINCE HE GOT OFF OF PAROLE

    • NO OFFENSE SINCE RIFLES ARE LEGAL WEAPONS

    • CARRYING A WEAPON

    • FELON IN POSSESSION OF A FIREARM

    Correct Answer
    A. FELON IN POSSESSION OF A FIREARM
    Explanation
    Louie, who has a previous drug conviction and is the only person in the car, is stopped on traffic and found to have a 9mm firearm under the driver's seat. This indicates that Louie, as a felon, is in possession of a firearm, which is illegal. Therefore, the offense he has committed is being a felon in possession of a firearm.

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  • 42. 

    FRED IS ARRESTED FOR DWI. HE HAS ONE PRIOR CONVICTION FOR DWI FROM 1986 AND ONE PRIOR DWI WHERE HE SUCCESSFULLY COMPLETED A STRAIGHT PROBATION IN 2007. IF CONVICTED, HE WILL BE PUNISHED AS A:

    • CLASS B MISDEMEANOR

    • CLASS A MISDEMEANOR

    • 3RD DEGREE FELONY

    • 1ST DEGREE FELONY

    Correct Answer
    A. 3RD DEGREE FELONY
    Explanation
    Based on the information given, Fred has one prior conviction for DWI in 1986 and one prior DWI where he successfully completed a straight probation in 2007. A third conviction for DWI is classified as a third-degree felony in some jurisdictions. Therefore, if Fred is convicted, he will be punished as a third-degree felony.

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  • 43. 

    SUSIE SMITH RUNS A RED LIGHT AND IS STOPPED FOR THE TRAFFIC VIOLATION. WHEN OFFICER MAKES CONTACT WITH SUSIE, HE SEES A HANDGUN ON THE BACKSEAT FLOORBOARD. WHAT IS THE APPROPIATE CHARGE?

    • UNLAWFULLY CARRYING A WEAPON

    • CARRYING A WEAPON IN A PROHIBITED PLACE

    • POSSESSION OF A PROHIBITED WEAPON

    • NO OFFENSE

    Correct Answer
    A. UNLAWFULLY CARRYING A WEAPON
    Explanation
    The appropriate charge in this situation would be "UNLAWFULLY CARRYING A WEAPON." This is because Susie Smith was stopped for a traffic violation and the officer observed a handgun on the backseat floorboard. Carrying a weapon without proper authorization or in violation of the law is considered unlawful and can result in charges.

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  • 44. 

    Which of the following is Abuse of Official Capacity?

    • You use frequent flyer miles you have accumulated while working for the City of Houston for personal use.

    • The City of Houston buys new copies of the Penal Code and you take the old copies home for your library.

    • You use the Xerox machine at the City of Houston to make a copy of your tax return for your records.

    • You use your office computer at the City of Houston to watch DVDs.

    Correct Answer
    A. The City of Houston buys new copies of the Penal Code and you take the old copies home for your library.
    Explanation
    Abuse of Official Capacity refers to the misuse of one's position or authority for personal gain or benefit. In this scenario, taking the old copies of the Penal Code home for personal use is an abuse of official capacity because it involves using the resources of the City of Houston (the employer) for personal purposes. The other options may involve personal use of resources, but they do not involve the misuse of one's official position or authority.

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  • 45. 

    Sexual Harassment of a public servant, by a public servant, is classified as which of the following Penal Code offenses?

    • Barratry and Solicitation of Professional Employment

    • Abuse of Official Capacity

    • Official Oppression

    • Interference with Public Duties

    Correct Answer
    A. Official Oppression
    Explanation
    Sexual harassment of a public servant, by a public servant, is classified as the offense of Official Oppression. Official Oppression refers to the abuse of power or authority by a public servant in order to mistreat or harass another individual. In this case, when a public servant engages in sexual harassment towards another public servant, they are using their position of authority to oppress and harm the victim. Therefore, the correct answer is Official Oppression.

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  • 46. 

    Deviate sexual intercourse, sexual contact and sexual intercourse are all considered ____.

    • Pornography

    • Obscenities

    • Sexual conduct

    • Acts contrary to prurient interests

    Correct Answer
    A. Sexual conduct
    Explanation
    The terms "deviate sexual intercourse," "sexual contact," and "sexual intercourse" all refer to different types of sexual activities. These activities are categorized under the broader term "sexual conduct," which encompasses a range of behaviors related to sexual acts. Therefore, the correct answer is "sexual conduct."

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  • 47. 

    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
    The correct answer is A and B because arson involves starting a fire with the intent to destroy or damage both buildings, habitations, or vehicles, as well as any vegetation, fence, or structure on open space land. The act of arson can be committed against both property and natural elements, making options A and B the correct choices.

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  • 48. 

    Open Spaced Land is defined as:

    • Any land without a house on it.

    • Backyards and front yards.

    • School yards and playgrounds within city limits.

    • Real property that is undeveloped for the purpose of human habitation.

    Correct Answer
    A. Real property that is undeveloped for the purpose of human habitation.
    Explanation
    Open Spaced Land is defined as real property that is undeveloped for the purpose of human habitation. This means that it refers to land that is not built upon or used for residential purposes. It includes areas such as vacant lots, fields, and other undeveloped land that is not intended for people to live on. This definition excludes land with houses on it, as well as areas like backyards and front yards, which are typically associated with residential properties. School yards and playgrounds within city limits are also not considered open spaced land, as they are designated for specific purposes within a community.

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  • 49. 

    Recklessly causing an explosion while cooking dope is

    • Always a felony

    • Always a misdemeanor

    • Sometimes a felony and sometimes a misdemeanor

    • None of the above

    Correct Answer
    A. Always a felony
    Explanation
    Recklessly causing an explosion while cooking dope is always a felony because it involves dangerous and illegal activities that put people's lives and property at risk. The act of causing an explosion while cooking drugs demonstrates a disregard for the law and public safety, which is typically classified as a serious offense.

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Quiz Review Timeline (Updated): Oct 12, 2023 +

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  • Oct 12, 2023
    Quiz Edited by
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  • Nov 15, 2012
    Quiz Created by
    RICARDOSALAS
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