Primary 2 Practice Exam

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  • 1/133 Questions

    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
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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. 

    IF FRED GANGSTA HAS A _______________- STIUCK IN THE WAISTBAND OF HIS SAGGING TROUSERS, HE HAS COMMITTED THE OFFENSE OF UNLAWFULLY CARRRYING A WEAPON.

    • TEC-9 FULLY AUTOMATIC MACHINE GUN

    • BLACKJACK

    • HOAX BOMB

    • SWITCH BLADE KNIFE

    Correct Answer
    A. BLACKJACK
    Explanation
    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.

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  • 3. 

    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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  • 4. 

    IF GREEDY GUS IS CONVICTED OF GAMBLING, WHAT LEVEL OF OFFENSE WILL OF PUNISHMENT WILL HE RECEIVE?

    • CLASS C MISDEMEANOR

    • CLASS B MISDEMEANOR

    • CLASS A MISDEMEANOR

    • STATE JAIL FELONY

    Correct Answer
    A. CLASS C MISDEMEANOR
    Explanation
    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.

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  • 5. 

    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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  • 6. 

    HANK SNOW IS STOPPED DRIVING IN THE HAVERSTOCK HILLS APARTMENT COMPLEX PARKING LOT AND IS DRINKING A BEER. OFFICER DETERMINED THAT HE IS NOT INTOXICATED. WHAT CAN HE BE CHARGED WITH?

    • DWI

    • PUBLIC INTOXICATION

    • OPEN CONTAINER

    • NO OFFENSE

    Correct Answer
    A. NO OFFENSE
  • 7. 

    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

    Correct Answer
    A. DRIVING WHILE INTOXICATED
    Explanation
    Susie has committed the offense of "Driving While Intoxicated" because she was driving a vehicle while under the influence of alcohol, as indicated by her blood alcohol concentration (BAC) of .13 on the intoxilyzer. This offense refers to operating a motor vehicle while impaired by alcohol or drugs, regardless of whether any traffic violations were committed. In this case, Susie's intoxication led to the unfortunate death of the homeless man, but since she did not commit any traffic violations, the offense is classified as "Driving While Intoxicated" rather than "Intoxication Assault" or "Intoxication Manslaughter."

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  • 8. 

    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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  • 9. 

    WHICH OF THE FOLLOWING IS NOT AN ELEMENT OF PUBLIC INTOXICATION?

    • PUBLIC PLACE

    • BLOOD ALCOHOL CONCENTRATION OF .08 OR HIGHER

    • INTOXICATED

    • DANGER TO HIMSELF OR OTHERS

    Correct Answer
    A. BLOOD ALCOHOL CONCENTRATION OF .08 OR HIGHER
    Explanation
    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."

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  • 10. 

    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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  • 11. 

    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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  • 12. 

    WALLY NEEDS PROTECTION FROM BEING BULLIED BY CLASSMATES, SO HE TAKES BRASS KNUCKLES INTO HIS HIGH SCHOOL. WHAT IS THE HIGHEST LEVEL OF OFFENSE HE HAS COMMITTED?

    • UNLAWFULLY CARRYING A WEAPON

    • POSSESSION OF A PROHIBITED WEAPON

    • CARRYING A WEAPON IN A PROHIBITED PLACE

    • NO OFFENSE

    Correct Answer
    A. CARRYING A WEAPON IN A PROHIBITED PLACE
    Explanation
    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.

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  • 13. 

    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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  • 14. 

    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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  • 15. 

    SERGE IS ARRESTED FOR PUBLIC INTOXICATION. A SEARCH INCIDENT TO HIS ARREST REVEALS A SWITCHBLADE IN HIS FRONT POCKET. WHAT LEVEL OF OFFENSE HAS HE COMMITTED?

    • NO OFFENSE UNLESS WE CAN SHOW INTENT TO USE

    • 3RD DEGREE FELONY

    • CLASS A MISDEMEANOR

    • CONCEALING A WEAPON

    Correct Answer
    A. CLASS A MISDEMEANOR
    Explanation
    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.

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  • 16. 

    DENNIS IS INVOLVED IN AN ACCIDENT IN THE PARKING LOT OF HIS APARTMENT COMPLEX. YOU DETERMINE THAT HE IS INTOXICATED. ASSUMING THERE IS A "WHEEL" WITNESS, WHAT OFFENSE WOULD HE BE CHARGED WITH?

    • NO OFFENSE SINCE IT OCCURRED IN THE PARKING LOT

    • RECKLESS DRIVING

    • DRIVING WHILE INTOXICATED

    • PUBLIC INTOXICATION

    Correct Answer
    A. DRIVING WHILE INTOXICATED
    Explanation
    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.

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  • 17. 

    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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  • 18. 

    WHICH OF THE FOLLOWING IS NOT USED AS STANDARD FOR DETERMINING IF SOMEONE IS INTOXICATED FOR DWI PURPOSES?

    • LOSS OF MENTAL FACULTIES

    • DANGER TO HIMSELF OR OTHERS

    • LOSS OF PHYSICAL FACULTIES

    • 0.08 BLOOD ALCOHOL CONCENTRATION OR HIGHER

    Correct Answer
    A. DANGER TO HIMSELF OR OTHERS
    Explanation
    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.

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  • 19. 

    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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  • 20. 

    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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  • 21. 

    You stop Lying Liz on traffic and she gives you her real name but a false DOB.  She is not otherwise wanted.  This constitutes what offense?

    • Class B failure to ID

    • Class C failure to ID

    • Interference with duties of a police officer

    • This is not an offense because Liz gave her correct name

    Correct Answer
    A. Class B failure to ID
    Explanation
    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.

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  • 22. 

    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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  • 23. 

    Running away from a police officer attempting to arrest you for a felony is a

    • Class A Misdemeanor Evading

    • Felony evading if on foot

    • Felony escape

    • Misdemeanor escape

    Correct Answer
    A. Class A Misdemeanor Evading
    Explanation
    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.

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  • 24. 

    Officer Casey attempts to conduct a traffic stop on Marg using his lights and sirens.  Marg refuses to stop.  This is a:

    • Class A Misdemeanor Evading

    • State jail evading

    • State jail escape

    • 3rd Degree felony evading

    Correct Answer
    A. 3rd Degree felony evading
    Explanation
    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.

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  • 25. 

    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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  • 26. 

    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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  • 27. 

    Sue gets arrested for agreeing to have sex with an undercover officer for a fee of $40.00.  Officer learns that sue is being forced to “work” as a prostitute for Joe Pimp t pay off the cost of having been smuggled into the country illegally.  Sue is 13 years old.  What is the highest offense that Joe Pimp can be charged with?

    • Prostitution

    • Promotion of prostitution

    • Aggravated promotion of prostitution

    • Compelling prostitution

    Correct Answer
    A. Compelling prostitution
    Explanation
    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.

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  • 28. 

    Which of the following is true concerning the offense of Failure to Report a Felony?

    • You must only report a felony if there is a reasonable belief that serious bodily injury or death has occurred.

    • You must report any felony you believe has been committed.

    • You must report any felony where a deadly weapon was used or exhibited.

    • You only have to report a felony if you can identify the perpetrator.

    Correct Answer
    A. You must only report a felony if there is a reasonable belief that serious bodily injury or death has occurred.
  • 29. 

    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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  • 30. 

    Which of the following is Official Oppression?

    • Your girlfriend comes over to tell you that she is breaking up with you and you arrest her for trespassing.

    • You are suspended from your job and you destroy the offense reports that you have been preparing that day.

    • You have consensual sex with a person that you have arrested.

    • You take old railroad ties belonging to the City of Houston and take them to use in landscaping at your house.

    Correct Answer
    A. Your girlfriend comes over to tell you that she is breaking up with you and you arrest her for trespassing.
    Explanation
    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.

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  • 31. 

    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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  • 32. 

    Bill agrees to pay a 16 year old girl to have sex with him.  What is the highest offense he has committed?

    • Promotion of prostitution

    • Prostitution

    • Aggravated promotion of prostitution

    • Compelling prostitution

    Correct Answer
    A. Compelling prostitution
    Explanation
    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.

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  • 33. 

    Which of the following is true concerning the offense of Riot?

    • It is a defense if the assemblage is a peaceful and is an exercise of free speech, even if one or more persons intentionally damages property or injures another

    • It is a riot when two or more persons are engaged in conduct which creates an immediate danger of damage to property or injury to persons

    • If you are involved in a riot and do not intend to harm another, then another is injured, you are not responsible because you intended to do no harm

    • If you are involved in a protest that becomes a riot and one of the participants stapes someone else. You are guilty of the aggravated assault if it was in furtherance of the assembly or you should have anticipated such an offense as a result of the assembly.

    Correct Answer
    A. If you are involved in a protest that becomes a riot and one of the participants stapes someone else. You are guilty of the aggravated assault if it was in furtherance of the assembly or you should have anticipated such an offense as a result of the assembly.
    Explanation
    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.

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  • 34. 

    A male Police Officer stops a female for speeding and determines that she has outstanding warrants for other traffic offenses.  The officer places the female under arrest.  The female motorist offers to have sex with the officer if he will let her go and not arrest her.  The officer accepts the offer and after having sex with her, lets her go.  Which is the correct statement of the law?

    • The officer committed the offense of sexual assault.

    • The officer only committed the offense of Official Oppression

    • The officer did not commit a crime because the motorist committed the offense of bribery

    • The officer violated the civil rights of a person in custody by having sexual intercourse with the motorist.

    Correct Answer
    A. The officer violated the civil rights of a person in custody by having sexual intercourse with the motorist.
    Explanation
    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.

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  • 35. 

    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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  • 36. 

    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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  • 37. 

    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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  • 38. 

    Johnny is enamored with his next door neighbor.  At night he peaks in her windows.  Johnny has committed ____.

    • Public lewdness

    • Indecent exposure

    • Disorderly conduct

    • Harassment

    Correct Answer
    A. Disorderly conduct
    Explanation
    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.

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  • 39. 

    Mr. Jones is a county commissioner.  He makes unwanted sexual advances toward his secretary who reports him.  Mr. Jones has most likely committed…

    • Violation of the 1983 civil rights act

    • Official misconduct

    • Official oppression

    • No offense, he didn’t touch her

    Correct Answer
    A. Official oppression
    Explanation
    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.

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  • 40. 

    Clyde walks into the “Tank Me Up” liquor store carrying double barreled shotgun.  Clyde could be charged with…

    • Unlawfully carrying weapon on licensed premises

    • Carrying a prohibited weapon on licensed premises

    • Deadly conduct on licensed premises

    • Disorderly conduct if the public is alarmed

    Correct Answer
    A. Disorderly conduct if the public is alarmed
    Explanation
    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.

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  • 41. 

    The classification of the offense for filing a false report of child abuse or neglect is a…

    • Class C Misdemeanor

    • Class B Misdemeanor

    • Class A Misdemeanor.

    • State Jail Felony

    Correct Answer
    A. Class A Misdemeanor.
    Explanation
    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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  • 42. 

    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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  • 43. 

    Off. Gotcha arrests Slimey Sam for Public Intoxication; Sam identifies himself as Skinny Stan.  Sam has committed ____.

    • False Report to a Peace Officer

    • Failure to Identify

    • Hindering Apprehension

    • No offense

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

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  • 44. 

    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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  • 45. 

    ____ in a public place and results in an immediate breach of the peace is considered to be Disorderly Conduct.

    • An elevator rider experiences flatulence.

    • Discharges a BB gun.

    • Offensively threatens a Wendy’s employee at the drive-through.

    • Urinates behind a tree on the right-of-way of Texas Highway 29 just East of Mason.

    Correct Answer
    A. Offensively threatens a Wendy’s employee at the drive-through.
    Explanation
    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.

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  • 46. 

    Speedy Fyrebugg calls 911 and falsely reports that he smells smoke in Wal-Mart.  During the confusion when the volunteer fire department arrives, he tries to stuff several boxes of ephedrine in stuffed in his pants, but can’t.  Speedy has committed…

    • False Alarm or Report

    • Silent or Abusive Calls to 911

    • False Report to a Law Enforcement Employee

    • Attempted Possession of an Immediate Precursor of a Controlled Substance

    Correct Answer
    A. False Alarm or Report
    Explanation
    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.

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  • 47. 

    ____ means containing a patently offensive description of or a solicitation to commit ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

    • Pornography

    • Deviant Sexual Intercourse

    • Public Lewdness Public Lewdness

    • Obscene

    Correct Answer
    A. Obscene
    Explanation
    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.

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  • 48. 

    Sammie loves his beer.  Unfortunately, he has a weak bladder.  On the way home from a bar he has to pee.  He stops his truck on the shoulder of the road and goes behind a mesquite tree and relieves himself.  Sammie has most likely committed…

    • Indecent Exposure

    • Public Lewdness

    • Disorderly Conduct

    • Urinating in Public

    Correct Answer
    A. Disorderly Conduct
    Explanation
    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.

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  • 49. 

    If a husband deeply offends (is verbally abusive) his wife in public, what would be the charge?

    • Harassment

    • Assault – family violence

    • Disorderly conduct

    • Indecent verbal abuse

    Correct Answer
    A. Disorderly conduct
    Explanation
    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.

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

Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.

  • Current Version
  • Oct 12, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Nov 15, 2012
    Quiz Created by
    RICARDOSALAS

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