Primary 2 Practice Exam

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.

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.

Burglary is a crime in which a person unlawfully enters a building or structure with the intent to commit a felony, theft, or assault. This means that if someone enters a building with the intention of committing any of these three crimes, they can be charged with burglary. It is important to note that the intent to commit a misdemeanor, state jail felony, or capital felony; a sexual assault, criminal trespass, or robbery; and recklessness, negligence, or criminal endangerment are not included in the definition of burglary.

The correct answer is "Any part of the body; or any physical object connected to the body." This means that in the burglary statute, "enter" is defined as intruding into a space using any part of the body or any physical object that is connected to the body. This definition encompasses a wide range of actions that can be considered as entering a space unlawfully.

In an investigation by the court for sexual performance by a child, the court may employ oral testimony by a witness, medical testimony, and personal inspection of the child. This means that all of the options mentioned are allowed and can be used by the court during the investigation.

Bill has committed the highest offense of compelling prostitution. Compelling prostitution involves forcing or coercing someone to engage in prostitution against their will. In this scenario, Bill has agreed to pay a 16-year-old girl to have sex with him, which implies that he is using his influence or power to force her into prostitution. This act is considered a serious offense and falls under the category of compelling prostitution.

Forgery is the correct answer because it is a crime that involves the creation or alteration of a document with the intent to deceive or defraud others. Unlike theft, robbery, and burglary, which involve physical acts of taking or entering someone else's property, forgery is a white-collar crime that does not have a direct physical impact. Therefore, the statute of limitations for forgery may be different from the other crimes listed.

The correct answer is "Wire or cable that is at least 50% of aluminum, copper or bronze." This means that any wire or cable that contains at least 50% of aluminum, copper, or bronze can be classified as aluminum, copper, or bronze wiring according to the criminal mischief part of the code. The other options are not applicable as they do not provide a specific definition for these types of wiring.

Jimmy cannot be prosecuted for Criminal Mischief or Reckless Destruction because the question does not provide any information to suggest that Jimmy's actions were illegal or posed a risk to others. Without any evidence of criminal intent or harm caused to others, there is no basis for prosecution.

The correct answer is A or B. This means that a person licensed to hold a handgun commits "Trespass by Holder of License to Carry Concealed Handgun" if they carry a handgun on someone else's property without effective consent and receive notice that entry on the property by a license holder is forbidden, or that remaining on the property with a concealed handgun is forbidden and they fail to leave. In other words, if they are told they are not allowed to enter or remain on the property with a concealed handgun and they disregard this notice, they are committing trespass. The fact that the handgun is loaded is not relevant to this particular offense.

Sammie stopping his truck on the shoulder of the road and relieving himself behind a tree can be considered disorderly conduct. Even though he did not expose himself to others or engage in lewd behavior, his actions can be seen as inappropriate and disruptive to public order.

The theft statute imposes higher penalty ranges for thefts involving a human grave or a firearm. This suggests that the law considers these items to be of significant value or importance, and therefore deserving of more severe punishment. The inclusion of a human grave indicates that the law recognizes the sanctity and dignity of the deceased, and seeks to protect their final resting place from desecration or theft. Similarly, the inclusion of firearms suggests that the law aims to deter and punish thefts that involve dangerous weapons, which pose a threat to public safety.

If a man disrupts a city council meeting, the charge would be "Disrupting Meeting or Procession." This charge is applicable because the individual is causing a disturbance or interruption in the proceedings of the meeting, which is a violation of the law. Disorderly Conduct may also be a possible charge, but it is a broader term that encompasses various disruptive behaviors in public settings. Harassment and Violation of the City Charter are not relevant charges in this scenario.

A person who shows their anus or genitalia for gratification in a way that is offensive to others may be charged with indecent exposure. This offense involves the intentional exposure of private body parts in a public or semi-public setting, which is considered lewd and offensive behavior. It is a criminal offense that is typically punished by fines, probation, or even imprisonment, depending on the jurisdiction and severity of the act.

The action described in the question involves one person's mouth touching another person's anus, which is considered to be outside of the norm or socially acceptable behavior. This behavior is commonly referred to as deviant sexual intercourse, as it deviates from the traditional understanding of sexual intercourse.

If Fred Gangsta has a blackjack stuck in the waistband of his sagging trousers, he has committed the offense of unlawfully carrying a weapon. A blackjack is a type of weapon typically made of a heavy leather pouch filled with lead or a similar substance, and it is used as a bludgeoning weapon. Carrying a blackjack without proper authorization or in a concealed manner is illegal in many jurisdictions.

The highest level of offense Charles has committed is "Burglary of a Motor Vehicle." This is because he reached into the bed of a pickup truck without permission and stole a $5.00 wrench. This act meets the criteria for burglary of a motor vehicle, which involves unlawfully entering a motor vehicle with the intent to commit a theft.

Running away from a police officer attempting to arrest you for a felony is classified as Class A Misdemeanor Evading. This means that it is considered a misdemeanor offense rather than a felony.

The correct statement of the law is that the officer violated the civil rights of a person in custody by having sexual intercourse with the motorist. This action constitutes a violation of the individual's rights and is considered a serious offense. The fact that the motorist offered to have sex in exchange for not being arrested does not excuse or justify the officer's actions. The officer is responsible for upholding the law and should not engage in any form of misconduct or abuse of power.

A characteristic of a burglar is that they may specialize in specific targets such as banks or jewelry stores. This suggests that they have a specific focus and knowledge in these areas, indicating a level of expertise or experience in targeting these types of establishments.

The correct answer is "All of the above." This means that enhanced punishments are applicable for thefts against the elderly, non-profit organizations, and the government by a government contractor. This suggests that the theft statute recognizes the vulnerability and importance of these groups and imposes stricter penalties for thefts committed against them.

Jenny is guilty of Class C Theft of service. This is because she rented movies from Blockbusters and failed to return them within the specified time after being sent a demand letter. By not returning the movies, she is essentially depriving Blockbusters of their rightful service, which constitutes theft of service.

The correct answer is "aggravated promotion of prostitution." This charge is appropriate because the pimp was not just managing two prostitutes, but actively promoting and facilitating their involvement in prostitution. The term "aggravated" suggests that there may be additional factors or circumstances that make the promotion of prostitution more serious or severe in this case.

The correct answer is A and B. Stealing cable services is considered a class C misdemeanor. However, if the act is done for money or if the actor has been previously convicted of the same offense, it is raised to a more serious offense. This means that both conditions need to be met for the offense to be elevated to a higher level.

Public intoxication is a crime that involves being visibly intoxicated or under the influence of alcohol or drugs in a public place. It typically requires that the person poses a danger to themselves or others. The presence of a blood alcohol concentration of .08 or higher is often used as evidence of intoxication, but it is not a necessary element of the offense. Therefore, the correct answer is "BLOOD ALCOHOL CONCENTRATION OF .08 OR HIGHER."

Johnny's actions of peaking into his neighbor's windows at night can be considered disorderly conduct. Disorderly conduct refers to behaviors that disturb the peace and order of a community, and Johnny's actions can be seen as intrusive, invasive, and potentially intimidating to his neighbor. This behavior can be considered disruptive and offensive, hence fitting the definition of disorderly conduct.

Speedy Fyrebugg's action of falsely reporting that he smells smoke in Wal-Mart and calling 911 constitutes a false alarm or report. This is because he intentionally provided false information to emergency services, causing unnecessary confusion and potentially diverting resources away from real emergencies.

The charge would be disorderly conduct because it encompasses behavior that disturbs the peace or causes a public inconvenience, annoyance, or alarm. Verbally abusing one's spouse in public can be considered disorderly conduct as it creates a disruptive and offensive environment for others.

Serge has committed a Class A misdemeanor. The search incident to his arrest revealed a switchblade in his front pocket, which is considered a concealed weapon. Possessing a switchblade in public without a valid reason is generally illegal and categorized as a misdemeanor offense.

Dennis would be charged with "Driving While Intoxicated" because he was determined to be intoxicated while operating a vehicle. The fact that the accident occurred in the parking lot does not negate the offense of driving under the influence.

The act described in the question involves a person making contact between their genitals and the mouth or anus of another person. This act is considered to be deviate sexual intercourse, as it involves sexual contact that deviates from the usual or traditional form of sexual intercourse.

The correct answer is A third degree felony. A third degree felony is a more serious charge than a state jail felony or a series of class C thefts. In this case, Jessica stole a significant amount of money over a long period of time, resulting in a total of $21,000 stolen. This level of theft would typically be classified as a third degree felony.

Joe Pimp can be charged with compelling prostitution because he is forcing Sue, a minor, to engage in prostitution against her will. This offense involves coercing or compelling someone to engage in prostitution through force, threat, or manipulation. In this case, Joe Pimp is exploiting Sue's vulnerable situation and forcing her to work as a prostitute to pay off her smuggling debt. This is a serious offense considering the age of the victim and the illegal nature of her presence in the country.

The correct answer is "Your girlfriend comes over to tell you that she is breaking up with you and you arrest her for trespassing." This scenario represents Official Oppression because it involves the abuse of power by a public servant. The person in this situation, who is presumably a law enforcement officer, is using their authority to arrest someone without a valid reason, solely as a means of retaliation or control. This action is a clear violation of the individual's rights and an abuse of their position of authority.

When you stop someone on traffic, it is necessary for them to provide their real name and date of birth. In this scenario, although Liz gave her real name, she provided a false date of birth. This action constitutes a Class B failure to ID offense, as she failed to provide accurate identification information as required by the law.

The statement is true because it states that the legal definitions of "Habitation," "Building," "Property," and "Vehicle" only apply to the offenses listed in Penal Code Chapter 28. This means that if any of these terms are used in other chapters or sections of the penal code, their legal definitions may not apply.

The difference between Criminal Mischief and Reckless Damage or Destruction lies in the actor's culpable mental state. Criminal Mischief involves intentionally damaging or destroying property with the intent to cause harm or inconvenience, while Reckless Damage or Destruction involves negligently causing damage or destruction without intent. Therefore, the actor's mental state is the determining factor in distinguishing between the two offenses.

Jaime has committed the offense of trespass. Trespassing refers to unlawfully entering or remaining on someone else's property without their permission. In this case, Jaime admitted to climbing over the fence of the lumberyard, which indicates his unauthorized presence on the property. Although he intended to steal lumber, the offense is categorized as trespass rather than theft because the act of stealing is not explicitly mentioned in the question.

Jim has committed criminal trespass because he entered the warehouse without permission, which is a violation of the law. Although he did not steal anything or cause any damage, his act of entering the property unlawfully still constitutes criminal trespass.

Rachel has not committed any offense because she is simply holding Joanne's purse, unaware that it contains a stolen debit card. She does not have any knowledge or intention to use the stolen property, therefore no elements of criminal conduct are present in her actions.

Harassment is the correct answer because causing the telephone of another person to repeatedly ring, making repeated phone calls, or intentionally failing to hang up or disengage the connection can be considered as a form of harassment. Harassment involves unwanted and persistent behavior that causes distress or annoyance to another individual. In this case, the actions described can be seen as a deliberate attempt to disturb or annoy the person receiving the calls or experiencing the continuous ringing of their phone.

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Benny has committed interference with railroad property by climbing a barbed wire fence and taking a nap on the warm steel tracks of the Southern Pacific Railroad. This act can be considered as interfering with the functioning and safety of the railroad property, which is illegal.

A defendant who commits a burglary of a vehicle and has been convicted twice before of the same crime is subject to a state jail felony. This means that the defendant will face a more severe punishment compared to a Class A misdemeanor. The fact that the defendant has committed the same crime multiple times in the past shows a pattern of criminal behavior, which justifies the higher penalty.

The given definition describes an act that involves touching the anus, breast, or any part of the genitals of another person with the intention of arousing or gratifying sexual desire. This act is known as "sexual contact."

The correct answer is "obscene device". This is because the question is asking for the term that describes a device specifically designed or marketed for the stimulation of a human genital organ, and the term "obscene" refers to something that is offensive or indecent. Therefore, an "obscene device" accurately describes a device intended for this purpose.

Official oppression refers to the abuse of power or authority by a public official, typically for personal gain or to discriminate against a particular group. While all the options listed can be forms of official oppression, sexual harassment specifically refers to the unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature by a person in a position of power or authority. This behavior is considered a form of official oppression as it involves the misuse of power to exploit or discriminate against individuals based on their gender or sexuality.

If a person receives compensation for personal prostitution services but does not act as a prostitute, they are promoting prostitution. This means that they are encouraging or facilitating the act of prostitution by receiving compensation for it, even if they are not directly engaging in the act themselves.

The correct answer is possessing obscene material with intent to wholesale. This offense involves the act of possessing material that is considered obscene, with the specific intention to distribute or sell it on a larger scale. This can be seen as a more serious offense compared to simply possessing the material for personal use or observation.

If you are involved in a protest that turns into a riot and one of the participants stabs someone else, you are guilty of aggravated assault if the stabbing was done to further the assembly or if you should have anticipated such an offense as a result of the assembly. This means that even if you did not personally commit the assault, you can still be held responsible if you were part of the riot and the assault was a foreseeable consequence of the riot.

The value of property stolen can be determined in different ways depending on the circumstances. It can be based on the fair market value at the time of the theft, which is the price the property would have sold for on the open market. If the value cannot be determined, the replacement cost of the property can be used instead. In cases where neither the value nor the replacement cost can be determined, a general range of between $500 and $1,500 can be applied. Therefore, any of the above options can be used to determine the value of stolen property.

When Officer Casey attempts to conduct a traffic stop on Marg using his lights and sirens, but Marg refuses to stop, it is considered 3rd Degree felony evading. This is because evading a police officer in a vehicle is a serious offense that can result in significant penalties.

Controlled burning refers to the intentional and supervised burning of vegetation or other materials, usually for land management purposes. It is not considered arson because it is done under controlled conditions with proper permits and safety measures in place. Therefore, controlled burning cannot be a defense to arson, as it is not an act of arson in the first place. Hence, the correct answer is False.

The act described in the answer choice does not involve the unlawful entry or breaking into a building or structure. While the other answer choices involve unlawful entry or theft, this particular act does not meet the criteria for burglary under PC Chapter 30.

Butch has committed robbery. Robbery is defined as the unlawful taking of another person's property through the use of force or threat of force. In this scenario, Butch attempted to steal money from the cash register by reaching over the counter and grabbing for the twenties. He also used force by closing Sally's hand in the register drawer and threatened her with physical violence if she didn't comply. Although Butch was ultimately unsuccessful in taking any money and ran out empty-handed, his actions still constitute a robbery.

Jonathan's two prior convictions on the same date indicate that he has a history of committing crimes. Since he stole an 89 cent candy bar, which is a relatively low-value item, it is likely considered a misdemeanor offense. However, because of his prior convictions, the theft can be elevated to a State Jail Felony (SJF) level. This means that the theft can be prosecuted as a more serious offense due to his criminal history.

Gus will receive a Class C Misdemeanor punishment if he is convicted of gambling. This means that the offense is considered relatively minor and carries a lower level of punishment compared to other classifications.

Offensively threatening a Wendy's employee at the drive-through in a public place can lead to an immediate breach of the peace, making it an example of Disorderly Conduct. This behavior disrupts the peaceful environment of the public place and can cause fear or distress to the employee and other customers present.

The offense that has been committed in this scenario is cruelty to animals. Shooting the neighbor's horse for foraging in the man's garden is an act of cruelty and harm towards the animal.

Sam has committed Failure to Identify because he provided false information about his identity when he identified himself as Skinny Stan.

Obscene means containing a patently offensive description of or a solicitation to commit ultimate sex acts, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function. This term is used to describe material that is considered morally offensive or indecent, particularly in a sexual context. It refers to content that goes beyond what is considered acceptable in society and is often subject to legal restrictions or censorship. Therefore, "obscene" is the correct answer in this context.

The offense of compelling prostitution is classified as a second-degree felony. This means that it is a serious crime that carries a high penalty. A second-degree felony is generally punishable by imprisonment for a term of 2 to 20 years and may also include fines. This classification indicates that the act of compelling someone into prostitution is considered to be a significant offense under the law.

Bobby Watt can be charged with Criminal Mischief because he intentionally started a fire with the intent to damage the school building. While the damage caused is significant, it does not meet the criteria for arson, which typically involves the intentional burning of a building or property. Attempted murder is not applicable in this scenario as there is no indication that Bobby intended to harm anyone physically. Reckless destruction may not be the appropriate charge as Bobby's actions were intentional rather than reckless. Therefore, Criminal Mischief is the highest offense he can be charged with.

The correct answer is "The entire body." According to the criminal trespass statute, "Enter" is defined as the intrusion onto the property of the entire body. This means that for someone to be considered to have entered a property, their entire body must have crossed the boundaries of the property.

The man in the front row of the crowded movie theater did not commit any offense. Mooning, which involves exposing one's buttocks, may be considered inappropriate or offensive behavior, but it does not typically meet the legal criteria for indecent exposure, reckless conduct, or disorderly conduct. However, societal norms and the specific circumstances of the situation may influence how people perceive and react to the man's actions.

Frank Rizzo's action of shooting his handgun at an oncoming train constitutes interference with railroad property. However, since no one is hurt, it is considered a less serious offense. In this case, Frank's actions would be categorized as a Class B misdemeanor, which is a lower level offense compared to the other options listed.

Based on the given information, Julian Ramirez committed a State Jail Felony. This is because he defaced the property of Robert E. Lee Senior High School, causing damage that cost $500 to clean up. Defacing property with an indelible marker is considered a State Jail Felony in this case.

The correct answer is "DANGER TO HIMSELF OR OTHERS". This is not used as a standard for determining if someone is intoxicated for DWI purposes. The other options, such as "LOSS OF MENTAL FACULTIES," "LOSS OF PHYSICAL FACULTIES," and "0.08 BLOOD ALCOHOL CONCENTRATION OR HIGHER," are commonly used criteria to determine if someone is intoxicated. The presence of danger to oneself or others may be a factor considered, but it is not the sole standard for determining intoxication.

Joe Crook's actions of kicking five cars and causing $5000 damage to each one can be classified as criminal mischief. In most jurisdictions, the severity of criminal mischief charges is determined by the value of the damage caused. In this case, the total damage caused by Joe is $25,000 ($5000 x 5). The highest level of felony for criminal mischief is typically determined by the monetary threshold set by the law. Since the damage caused by Joe exceeds the threshold for a 4th degree felony but does not reach the threshold for a 1st degree felony, he can be charged with a 3rd degree felony.

Possession of child pornography refers to the act of having or holding onto material that contains explicit images of minors engaged in sexual acts. However, in this scenario, Elmer is not just in possession of the material, but he also has six video tapes of the same content. This suggests that he may be promoting or distributing the material, which is a more serious offense than mere possession. Therefore, the correct answer is Promotion of Child Pornography.

Filing a false report of child abuse or neglect is classified as a Class A Misdemeanor. This means that it is considered a more serious offense compared to Class C and Class B Misdemeanors. It is punishable by a fine of up to $4,000 and/or a jail sentence of up to one year. This classification reflects the seriousness of making false accusations that can potentially harm the reputation and well-being of individuals involved in child abuse or neglect cases.

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Wally has committed the offense of carrying a weapon in a prohibited place. This is because he took brass knuckles into his high school, which is a place where weapons are prohibited. Possession of a prohibited weapon would only apply if brass knuckles were explicitly prohibited in the area, and unlawfully carrying a weapon would apply if he was carrying the weapon in a legal location. Since the question states that he took the weapon into his high school, the highest level of offense he has committed is carrying a weapon in a prohibited place.

Danny Black intentionally causing damage to the Wiccan church by throwing a rock through its window qualifies as a state jail felony. This offense involves intentionally damaging property, and the fact that it was committed against a religious institution may also be considered an aggravating factor. The damage caused, amounting to $50, may be below the threshold for a higher offense.

The correct answer is "One and three." This means that the amount of loss for Criminal Mischief, which determines the punishment range, is both the cost of repairing the property and the cost of restoring the damaged property. The fair market value of the property is not considered in determining the amount of loss.

Mr. Jones, as a county commissioner, holds a position of power and authority. Making unwanted sexual advances towards his secretary constitutes an abuse of this power, creating a hostile work environment. Official oppression refers to the act of using one's position in government to mistreat or abuse others. Therefore, Mr. Jones has most likely committed official oppression.

Burglary of a Coin Operated or Coin Collection Machine, Burglary of a Vehicle, Criminal Trespass of a Habitation, and Trespass by a Holder of License to Carry a Concealed Handgun are all classified as Class A Misdemeanors.

Boris's actions of breaking into a traffic light switch and stealing copper wiring can be classified as criminal mischief. However, the severity of the offense is determined by the cost of the damage caused. Since the total cost to repair is $1,100, it falls under the category of 3rd Degree Criminal Mischief, which typically involves property damage between $500 and $1,500. Therefore, the most serious level of offense to charge Boris with is 3rd Degree Criminal Mischief.

The man's behavior of exposing his anus in a public establishment is inappropriate and disruptive, which falls under the category of disorderly conduct. This charge encompasses actions that disturb the peace, cause inconvenience, or provoke a public disturbance. Although the act may also be considered indecent exposure, disorderly conduct is a more fitting charge as it encompasses a broader range of disruptive behaviors in public settings.

Starting a fire with the intent to damage a building or vehicle, absent any injury, is considered a 2nd degree felony. This means that it is a serious offense and carries severe penalties. The act of intentionally setting a fire with the purpose of causing damage to property demonstrates a higher level of criminal intent and is therefore classified as a more serious offense than a misdemeanor or a 3rd degree felony.

The man committed the offense of criminal trespass by entering his neighbor's unfenced yard without permission. Although he also killed the neighbor's pigs, the specific offense in this scenario is trespassing onto someone else's property without authorization.

Clyde could be charged with disorderly conduct if the public is alarmed because walking into a liquor store carrying a double-barreled shotgun would likely cause alarm and disturb the peace. This behavior could be considered disruptive and potentially dangerous, leading to a charge of disorderly conduct.

The correct answer is "no offense if for a bona fide medical experiment" because it states that there is no offense committed if the possession or promotion of obscene material or device is for a legitimate medical experiment. This suggests that in all other cases, promoting or possessing obscene material or device is considered a Class B misdemeanor offense.