CRIJ 1310 Chapter 6-10
Which of the following incidents constitutes robbery under the Texas Penal Code?
None of the above is a robbery.
Under Texas law, which of the following is always a legal defense to a charge of arson?
None of the above is always a legal defense to a charge of arson.
Under Texas law, a carjacking is normally prosecuted as a form of:
robbery.
While the elements of the Texas criminal mischief statute and the Texas graffiti statute overlap somewhat, the graffiti statute is directed largely toward property damage caused by the use of:
spray paint.
Under the Texas law of sexual assault, lack of consent by the victim is an element of the offense that must be established. If the victim has consented to the conduct, then no sexual assault occurs. Which of the following is an example of consent under the Texas sexual assault laws?
A female says nothing when a male begins to engage in sexual activity and the female further participates in the sexual activity.
Of the following injuries, which meets the definition of "bodily injury" as defined in the Texas Penal Code?
All of the above are forms of bodily injury.
Jason is a retired professional football player. Mack is a big football fan. Mack steals Jason's photo album containing photographs of Jason in every game Jason played. By the time Mack is identified, arrested, and charged with theft, the album is substantially damaged due to flooding of Mack's home. The market value of the photo album cannot be determined as most of its value was sentimental. Accordingly, Texas statute sets the penalty level of the theft of the album as a:
Class A misdemeanor
Gene develops a scheme to gain money from vending machines. Each time he passes a vending machine, Gene stuffs a tissue out of sight up the coin return tube. Once a day he returns to each of the machines and removes the hidden tissue. A day's worth of returned change then falls into his hands. He collects about $30 per day from his vending machine route. So far the little scheme has produced $255. Which of the following is an accurate statement concerning this situation?
Gene has committed burglary of a coin-operated machine because he has entered the machines with intent to obtain property, i.e., the change.
Danica goes to the grocery store. She places various grocery items in the buggy, including a case of beer in the lower rack. When Danica checks out, the cashier neglects to notice the beer in the lower rack. Danica pays for her groceries, but not the beer, and pushes the cart outside to her car. She loads the groceries, including the beer, into her car and drives home. Which of the following statements is correct about this situation?
If Danica is unaware that she was not charged for the beer, she has committed no criminal offense.
Under the Texas law of arson, a "habitation" must have which of the following attributes?
It must be adapted for overnight accommodation of persons.
John is a member of a radical pro-life organization. He believes that virtually any means should be used to stop the performing of abortions. One evening police apprehend him as he is using a paintbrush to write "Stop the baby killers" on the side of a community medical clinic where abortions are performed. Which of the following statements is correct regarding this incident?
John has committed criminal mischief because he intentionally damaged another's property without their consent.
Falsely posing as somewhat famous rock singers, Malcolm and his girlfriend Lucy check into the Itzy-Ritzy Resort for a long holiday weekend. They enjoy the resort's food and beverage as well as the swanky accommodations. On check-out day the two depart without paying any of the bill. Under Texas law, which of the following statements is correct about this incident?
Malcolm and Lucy have committed theft of service because they deceived the resort by giving false names and absconding without paying the bill.
Marie, a 28-year-old female, asks her neighbor Jason, a 15-year-old male, if he would like to have sex with her. Jason readily agrees. The two begin a several week relationship and engage in sexual intercourse daily in Marie's home. Jason's mother learns of the affair and contacts the police. Under Texas law Marie has committed:
Marie, a 28-year-old female, asks her neighbor Jason, a 15-year-old male, if he would like to have sex with her. Jason readily agrees. The two begin a several week relationship and engage in sexual intercourse daily in Marie's home. Jason's mother learns of the affair and contacts the police. Under Texas law Marie has committed:
Larry, a 16-year-old boy, convinces Kathy, his 15-year-old girlfriend, to perform oral sex. While Kathy is engaged in the act, her father walks into the living room and interrupts the two. The father chases Larry out the door and calls the police. Which of the following statements is correct about this situation?
Neither Larry nor Kathy have committed a criminal offense.
Texas, and many other states, use special rules of evidence in the prosecution of sexual assault cases. These rules are part of a larger group of laws known as:
Rape Shield Laws.
In Texas, special courtroom rules of evidence apply in the prosecution of sexual assault cases. Which of the following is one of those special rules of evidence?
Reputation evidence regarding the victim's previous sexual behavior is never admissible into evidence.
Under Texas law, which of the following is always a legal defense to a charge of arson?
The fire is part of a controlled burn on open-space land.
Which of the following is one of the required elements that must be proven to convict an individual of robbery?
The individual is in the course of committing theft.
Bill and Ted, two 17-year-olds, are driving about on Halloween night. For entertainment they decide to play a game of "mailbox baseball." As Bill drives the car down a rural road, Ted swings a baseball bat at the mailboxes. Ted goes four for five in his efforts to hit the boxes. The ones he does strike are damaged beyond repair. A resident hears the commotion and is able to record the vehicle license number. She calls the sheriff who ultimately identifies Bill and Ted as the ones responsible for the destroyed mailboxes. Which of the following statements is correct regarding this incident?
The value of the damaged mailboxes can be aggregated to determine the penalty level of Bill and Ted's acts of criminal mischief.
Alf learns that his friend Willie has been having sex with Alf's girlfriend Rhonda. Alf grabs his assault rifle and drives over to Willie's house. As he drives by Willie's home, Alf fires a burst of shots into the house. Fortunately, Willie is not at home. Unfortunately, Willie's brother Billy is at home and is hit in the head by three bullets. Amazingly, Billy only has a bad headache as a result. What is the most serious offense, if any, Alf has committed?
aggravated assault
Bob and Ray, two 60-year olds, are drinking beer in a bar. They are discussing college football and which school has the best team. The discussion becomes heated. Finally, in a moment of range, Bob strikes Ray in the face with a beer bottle. Ray falls to the floor, his cheek bone shattered and his eyeball sliced. The most serious offense Bob has committed is:
aggravated assault.
Rob, a previously convicted child molester, lures Sammi, a seven-year-old girl, into his car. He drives down the highway heading for a secluded location intending to have sex with Sammi. However, a friend of Sammi's wrote down Rob's license plate number and called the police. Police officers stop Rob's car and arrest him before he has had a chance to harm Sammi. The most serious offense that Rob has committed is:
aggravated kidnapping.
Bill is an employee of the International Widget Works (IWW). Bill and his coworkers have gone on strike against IWW because the company has not signed a new labor contract. Contract negotiations have gone on for six months without the company and the union coming to an agreement. Bill decides to show IWW that the workers mean business. Late one night he places a pipe bomb outside the IWW headquarters with the goal of blowing out the front windows. The bomb explodes with a big bang. Surprisingly, absolutely no damage is done to the building. An investigation leads the police to Bill. Bill has committed:
arson
Roger leaves his pickup truck parked outside his office. In the bed of the truck is a box containing his new flat screen television, which he purchased for $975. When Roger returns to the truck an hour later, the television set is missing. He notifies the police and an alert patrol officer observes Larry walking down the street carrying a television. The officer stops Larry and subsequently determines that the television is the one from Roger's truck. A co-worker of Roger later identifies Larry as the individual he saw taking the television from the truck bed. The most serious offense Larry has committed is:
burglary of vehicles
Larry breaks into the local pharmacy where he steals a variety of controlled substances. In an effort to cover up his burglary, Larry sets fire to building. Larry has committed:
felony arson.
The primary victim of criminal activity related to identity theft is:
financial institutions.
Activities that involve transporting individuals from a foreign land into Texas and coercing or deceiving them into forced prostitution or forced labor is known as:
human trafficking.
Joe is angry at his neighbor Fred for allowing his dog to dig up Joe's flowers. In retaliation, Joe sets fire to Fred's wooden storage shed, which is located in Fred's backyard. Joe has committed the crime of arson instead of merely criminal mischief because the storage shed:
is considered part of Fred's residence because it is in the curtilage.
College final exams are approaching. Eric and Mandy decide to have an end of semester party. They go to the liquor store and Eric buys two large kegs of beer. He gives the clerk a check drawn on his local bank account. The two invite all of their friends to their apartment and have a great time. Several days later the liquor store manager deposits Eric's check. The bank subsequently returns the check to the store marked "Non-sufficient funds." The store tries to contact Eric by telephone but with school finished, Eric has moved from his apartment and disconnected the telephone service. Eric has committed:
issuance of bad check.
Doug is feuding with his neighbor Charles. Late one night, Doug pours sugar into the gas tank of Charles's pick-up truck. The next morning when Charles tries to drive to work, the truck sputters to a stop about a mile from home. The vehicle is towed to a mechanic who discovers that the gasoline is contaminated with sugar. Repairs to the truck cost Charles $600. Doug has committed:
misdemeanor criminal mischief because of the cost of the repairs.
Walter is the elderly father of Jennifer. Walter, who resides with Jennifer, suffers from senile dementia. One day he wanders away from the house. Jennifer discovers his absence and launches a search. She discovers him at the neighborhood park. When confronted by Jennifer, Walter refuses to leave the park. Ultimately, Jennifer grasps Walter and forces him into her automobile and drives him home. The most serious offense Jennifer has committed is:
none of the above.
Bob and Ray are former business partners. The partnership broke up when Bob accused Ray of cheating him. A few weeks later Bob encounters Ray in the lobby of a hotel. An argument and scuffle ensues between the two. They wrestle on the floor for a few seconds before friends break up the melee. Nonetheless, the scuffle succeeded in smashing a valuable lamp belonging to the hotel. As to the broken lamp Bob and Ray have committed:
reckless damage or destruction.
Jorge is apprehended by police officers as he is tagging several highway signs with spray paint. Jorge was painting his gang's symbols on the signs to show the extent of the gang's territorial claims. Jorge has committed a violation of:
the Texas graffiti statute.
In auto theft cases, whether an individual is charged with the offense of theft or the offense of unauthorized use of a vehicle depends primarily on whether the prosecutor can prove:
the offender's intent to permanently deprive the owner of the vehicle.
Amanda is shopping in the local discount store. She observes a blouse she likes. However, the blouse is more than she is willing to spend. Amanda takes the blouse into the dressing room and puts it on. She then puts on her own blouse to conceal the new one. As she approaches the exit to the store, Amanda is stopped by store security personnel. Amanda has committed:
theft
Billy Bob goes to a professional baseball game with his friend Buster. Billy Bob passes out from too much beer and too little offense to keep his attention. Seeing an opportunity to improve his economic condition, Buster steals $25 from Billy Bob's wallet, leaving another $20 in the wallet. When Billy Bob awakes, he never misses the $25. The most serious offense, if any, Buster has committed is:
theft-felony
Pete has spent part of the day smoking marijuana. Anytime he uses the drug he becomes paranoid. This particular day Pete convinces himself that the C.I.A. is following him. In an effort to escape from his delusion Pete climbs aboard a school bus, threatens the driver and pushes her off the bus. He then begins to drive the bus containing two dozen screaming elementary school children. About two miles down the road a police roadblock stops Pete. He is arrested and the children are found to be unharmed. The most serious offense Pete has committed is:
unlawful restraint.
Brittney is unhappy with the used car she purchased. She has had a series of mechanical problems with the vehicle. The used car dealer from whom she purchased the vehicle has refused to pay for any of the repairs. In frustration, Brittney drives the vehicle to the dealer's lot, douses the interior with gasoline, and sets the car afire. She walks away with a smile of satisfaction on her face. The most serious offense Brittney has committed is:
arson
It is a defense to a charge of unlawful transport if the accused and the individual who was being transported are:
closely related by blood or marriage.
One winter night, Pierre, a homeless person, climbs through the open window of a closed business in order to get out of the cold. He is discovered the next morning asleep on the floor of the storage room. Pierre has committed:
criminal trespass.
For a violation of the Texas stalking statute (Sec. 42.072) to occur, the offender's conduct must:
be directed specifically at another person.
The terms "enter" and "entry" are defined somewhat differently in the offenses of burglary, burglary of vehicles, burglary of a coin-operated machine, and criminal trespass. In which of the aforementioned offenses does an entry include every kind of entry except one with the effective consent of the owner?
burglary of a coin-operated machine
The legal term referring to the domestic buildings that surround and support a residence is:
curtilage
Roger is walking down the street eating a hot dog. He observes a cute black and white puppy sitting in the rear seat of a convertible. Roger approaches the car and waives the hot dog in front of the puppy. The puppy jumps out of the convertible to try to get the hot dog. Roger begins jogging down the street waving the hot dog. The puppy chases Roger all the way home. Roger lures the dog into his house. Over the next several days, Roger begins training the dog to be his pet and makes no effort to locate the dog's true owner. Roger has committed:
misdemeanor theft, assuming the puppy is valued at less than the monetary divide between a felony and a misdemeanor theft.
Walter is looking at magazines in the local book store. He notices another customer, Jake, slip a book under his shirt. Jake's behavior was also noticed by a store employee. As the store employee approaches, Jake begins to run for the door. Walter steps in front of the door to prevent Jake's escape. Jake is not deterred and shoves Walter aside. As Jake sprints out the door with the book Walter falls to the floor, striking his head on a book rack. He suffers a nasty cut on the back of his head. The most serious offense Jake has committed is:
robbery
Holly has been out partying most of the evening. She has been drinking heavily. She recognizes that she should not attempt to drive home. Instead, she calls a taxicab. When the taxi arrives Holly tells the driver an address that is actually two blocks from her apartment. Upon arrival at the address, the taxi driver tells Holly, "That will be $12.50." Instead of paying the driver, Holly jumps from the cab and runs away. Holly has committed:
theft of service.
Kevin and Hillary go out to eat to celebrate their first wedding anniversary. They go to the most expensive restaurant in town and order the most expensive items on the menu. When the waiter brings the bill, the evening's food and beverage costs total $450. Kevin places several pieces of play money in the folder containing the bill and he and Hillary walk out of the restaurant. They are long gone by the time the waiter realizes that the money is not real. However, one of the other waiters recognized Kevin as a former high school classmate. The police are called and told of the incident and Kevin's identity. The most serious offense Kevin has committed is:
theft of service.
Phillip is an undercover peace officer assigned to look for pickpockets at the county fair. He observes Frank deftly lift Sheila's wallet from her open purse. Phillip approaches Frank and identifies himself as an officer. At that moment Frank shoves Phillip down and takes off running. Phillip, unhurt, leaps to his feet and gives chase. He tackles Frank and places him under arrest. A search of Frank reveals Sheila's wallet and a .32 pistol in his jacket pocket. Frank has committed:
theft, not robbery, because the element of assault with bodily injury is missing
Dale goes to Big Red's Gun Shop looking for a new pistol. The clerk shows him several different firearms but Dale decides they are all too expensive. Finally the clerk shows him a used .22 pistol priced at $150. Dale tells the clerk he will take it. The clerk says, "Let me go get the paperwork." When the clerk leaves to retrieve the appropriate forms, Dale, true to his word, takes the pistol from the top of the counter and runs out of the store. The most serious offense Dale has committed is:
theft-felony.
Under Texas law, a home invasion is normally prosecuted as a:
burglary and aggravated robbery.
Chelsea, a 22-year-old, is addicted to heroin. She frequently steals items to resell in order to get money to support her addiction. One day she takes her grandmother's $825 Social Security check and signs the grandmother's name on the back. She then gives the check to Freddie, her boyfriend, who agrees to try to cash it. At the bank, the teller becomes suspicious of Freddie when he presents the check. The teller refuses to cash the check and summons the bank security guard. The guard detains Freddie until the police arrive. The most serious offense, if any, Freddie has committed is:
forgery because he attempted to pass the check as genuine.
When a noncustodial parent takes their child from the custody of the other parent contrary to the terms of a judicial custody order, the noncustodial parent commits the offense of interference with child custody only if:
no additional elements exist as taking the child contrary to the court order is a violation of the statute
Julie is grocery shopping. She has her baby, Waldo, in the grocery cart. Waldo begins crying. To try to calm him down, Julie removes a box of animal crackers from the store shelf and gives a cracker to Waldo. Periodically during her shopping Julie gives Waldo another cracker to keep him quiet. When the cracker box is empty, Julie tosses it in a trash can. Upon checking out, she does not pay for the crackers. Which of the following is an accurate statement about this incident?
Julie has committed misdemeanor theft
Louis confronts his neighbor Jose over the fact that Jose's dog frequently enters Louis' yard and digs up his flowers. Jose responds that "dogs will be dogs." Louis does not like Jose's comments and begins screaming at him. The argument accelerates until Louis calls Jose an unflattering, racially-charged name. In response, Jose swings at Louis, striking him squarely in the face. The punch causes Louis to fall backward. He strikes his head on the sidewalk. Louis suffers brain damage as a result of hitting the sidewalk. Jose has committed:
aggravated assault.
One evening Carl, a 25-year-old street thug, forcibly enters Louise's home. Louise is a 75-year-old female. Carl demands money from Louise. She tells him she has none. Carl asks if she has an ATM card. Fearful of Carl, Louise admits she has such a card. Carl tells Louise, "Go with me to the ATM or you won't live long enough to see the sunrise." Louise and Carl depart to the nearest ATM. Louise uses her card to withdraw $500, which she gives to Carl. Carl departs without otherwise harming Louise. In addition to likely burglary and robbery charges, Carl has also committed the offense of:
aggravated kidnapping.
Phillip is upset about the amount of his water bill. He goes to city hall to complain. At city hall Phillip encounters Jane, the mayor. The encounter turns heated. Phillip takes a hunting knife from his coat pocket, forces Jane to go into her office, and announces he will hold her there until water rates are reduced. Phillip and Jane remain barricaded in the office for 12 hours until the police hostage negotiator convinces him to surrender. Of the following, the most serious offense Phillip has committed is:
aggravated kidnapping.
Roger, in need of cash to fund his drug habit, decides to rob the Kwik-E-Mart. He enters the store and points a pistol at Jane, the store clerk. He demands all of the cash. At that moment Roger observes a police car drive up in front of the store. Realizing his situation, Roger orders Jane to go into the women's restroom and stay there or he will kill her. Jane does as directed. Roger then goes behind the counter. A police officer enters the store and obtains a cup of coffee. Roger poses as the store clerk until the officer pays for the coffee and departs. When the officer is out of sight, Roger empties the cash register and flees. After a few minutes Jane exits the restroom and calls the police. In addition to aggravated robbery, Roger likely does not realize that he has also committed the offense of:
aggravated kidnapping.
Late one night Neal is awakened by a noise. He looks out his bedroom window and observes someone removing tools from the bed of his pickup truck. Neal retrieves his pistol and goes outside. He sneaks up on the would-be thief and says, "Move and you're a dead man." The individual, James, turns about and sees the pistol pointed at him. He immediately grabs for the pistol and a struggle ensues. James disarms Neal. For a moment he points the gun at Neal but then throws it as far away as possible and flees with Neal's toolbox under his arm. Neal decides to call 9-1-1 instead of giving chase. Neal tells the responding officer, "For a moment I thought I was going to be the dead man." The most serious offense James has committed is:
aggravated robbery because he exhibited a deadly weapon during the commission of a robbery.
Rita is a single mother. One night Kyle, a neighbor, breaks into Rita's apartment intending to engage in sexual intercourse with her. Quietly he picks up Rita's sleeping infant and carries the child into Rita's bedroom. Kyle awakens Rita and tells her if she does not engage in sexual intercourse with him, he will harm the child. Fearful for herself and the child, Rita agrees to have sex with Kyle. Before Kyle departs he tells Rita not to tell anyone about the incident or he will come back and harm the child. After Kyle leaves the apartment, Rita calls the police. The most serious offense Kyle has committed is:
aggravated sexual assault
Suzy, a seven-year-old girl, is walking home from school. Warren, a previously convicted child molester, entices Suzy into his car by requesting her help in finding his lost puppy. Warren parks the car on a secluded side street and forcibly engages in oral sexual activity with Suzy. He then releases her along the highway. The most serious offense Warren has committed is:
aggravated sexual assault of a child.
In the apartment house trash dumpster, John discovers various financial documents relating to Mary and her assets. In the material is her Social Security number, bank account numbers, and other identifying information. John uses the information to withdraw cash from Mary's bank account and to buy a new television set in her name by using her credit information. In the course of impersonating Mary, John has likely committed which of the following offenses?
all of the above offenses
Jack is a homeless individual who is down on his luck. A thunderstorm comes up late one night and Jack is looking for a place to sleep out of the rain. He spies a delivery truck parked in an alley behind a business. Jack determines that the truck is unlocked. He climbs into the cab of the truck just before the rain begins. Jack goes to sleep. The next morning, the truck's owner sees Jack, who is still asleep, and calls the police. It would be appropriate for the responding police officer to arrest Jack and charge him with:
an offense other than one of the above choices.
Sara learns that her husband Ben is romantically involved with Sara's sister. Angry at Ben and the sister, Sara confronts the two. The more Ben tries to explain his side of the story, the angrier Sara becomes. Finally, Sara throws a table lamp at Ben. The lamp strikes Ben in the head and knocks him unconscious. Ben awakens 30 seconds later but with a cut on his scalp. Sara has committed:
assault with bodily injury.
Al goes to the local grocery store intending to rob it. He approaches the store office with pistol drawn. When he reaches the office, he discovers no one is there. He quickly opens the unlocked door, enters the office and steals payroll checks that are lying on the manager's desk. He leaves without being seen. What is the most serious offense Al has committed?
burglary
John enters a department store fifteen minutes prior to closing time. When no one is watching, John hides among the rack of women's coats. He stays there until the store closes and the employees depart for the evening. About midnight, John grabs three men's suits and an expensive pair of shoes. However, before he can break out of the store with the merchandise he is spied by a security officer who places him under arrest. The most serious offense(s) John has committed is:
burglary because he remained concealed in the store with intent to commit theft.
Carlos walks through the shopping mall parking lot looking for unlocked motor vehicles. He spies a sports car with the top down. He opens the car door and climbs into the driver's seat. Carlos inserts a screwdriver in the ignition and attempts to start the vehicle by turning the screw driver. After several attempts to twist the screwdriver, Carlos realizes his efforts are proving to be unsuccessful. As he begins to exit the vehicle a mall security officer approaches and detains him until the police arrive. The most serious offense Carlos has committed is:
burglary of vehicles.
George goes to Bill's house late one night intending to steal Bill's gold coin collection. Unknown to George, Bill has purchased a Doberman Pinscher dog. As soon as George sticks his head through the house's window, the Doberman attacks and bites George's nose. George shakes the dog loose and flees. The most serious offense George has committed is:
burglary.
Rob works for the college's trash collection service. One day he finds in the trash a copy of Shondra's credit card statement. That evening, using the credit card number from the statement, he orders $600 worth of video games from an online seller. Rob has the games sent to his cousin Tom, who resides in another state. The most serious offense Rob has committed is:
credit card abuse.
Tom is angry that he received a failing grade in his criminal law class. The failing grade causes him to be suspended from school. Out of revenge, he lets the air out of the tires on the university president's car. The president comes out to find his vehicle with four flat tires. The flats cause him to miss an off campus fundraising speech he was scheduled to give. Tom has committed:
criminal mischief because he caused the president substantial inconvenience.
The terms "enter" and "entry" are defined somewhat differently in the offenses of burglary, burglary of vehicles, burglary of a coin-operated machine, and criminal trespass. In which of the aforementioned offenses is an entry of the entire body required before the offender has entered or made an entry?
criminal trespass
Chelsea, a 22-year-old, is addicted to heroin. She frequently steals items to resell in order to get money to support her addiction. One day she takes her grandmother's $825 Social Security check and signs the grandmother's name on the back. She then gives the check to Freddie, her boyfriend, who agrees to try to cash it. At the bank the teller becomes suspicious of Freddie when he presents the check. The teller refuses to cash the check and summons the bank security guard. The guard detains Freddie until the police arrive. The most serious offense Chelsea has committed is:
forgery because she completed the check with intent to defraud the bank.
Abraham and Hannah have been married for eight years. They have one child, Aaron, who is seven. Because of Abraham's abusive conduct toward her and Aaron, Hannah sues Abraham for divorce. While the divorce is pending, Abraham is served with a copy of a court order granting Hannah exclusive temporary custody of Aaron. Angered by the court order, Abraham goes to Aaron's school and checks him out, the principal being unaware of the court order. Abraham flees to Louisiana with Aaron. Six months later Abraham and Aaron return to Texas to visit Abraham's mother. Hannah sees the two driving down the street and calls the sheriff's department. The most serious offense Abraham has committed is:
interference with child custody.
Roderick's rent is due on his apartment. Unfortunately, Roderick has lost his job and is short on cash. The good news is he has a better paying job starting in two weeks. Roderick does not want to be evicted from the apartment so he mails a check for the rent to the landlord. Roderick knows he does not have enough money in the account to cover the check but figures that by the time the landlord shows up at his door demanding cash, he will have a new job and sufficient funds to pay the rent. At this point Roderick has committed:
issuance of bad check because he knows he lacks the funds to cover the check.
John and Marsha have been married for five years. Their marriage has been a stormy one. One night while intoxicated, John tells Marsha, "If you ever try to divorce me, you'll be very, very sorry!" The comment makes Marsha fearful of her future safety. John has committed:
no offense as yet because John's statement does not threaten imminent bodily injury.
Dan writes a $50 check at the grocery store to pay for his purchases. His checkbook shows a balance of $95. Unknown to Dan, he has made an error in subtraction and his account actually contains only $15. So far, the most serious offense, if any, Dan has committed is:
no offense yet
At a local nightclub, Bill, a 25-year-old male, introduces himself to Mona, a naive 17-year-old female. (Mona has a phony i.d. showing her age as 22 years old.) Over the course of several hours they each consume numerous shots of tequila. Bill pays for all of the drinks. One thing leads to another and the pair end up in bed at Bill's apartment. Although both drunk, they manage to engage in sexual intercourse. Later the next morning, Mona awakes and says, "Who are you and why am I in this bed?" She dresses and dashes to the local police station. She tells the police that she has been sexually assaulted. Following a thorough investigation in which the above facts are determined, the police would be legally justified in charging Bill with:
none of the above because Mona consented to the sex act.
Late one night, Roy steals Gene's champion quarter horse. He leaves a note in the stall telling Gene that the horse will be returned unharmed after Gene deposits $500,000 in Roy's offshore bank account. If Gene does not pay the ransom, the horse will be killed. The next morning Gene discovers the note and, fearing for the horse's well-being, he pays the ransom. Roy releases the horse on a country road where it is later found by Gene. The most serious offense Roy has committed is:
none of the above.
Ralph, who lives on a 300-acre ranch, decides to cut down a grove of trees and remove the stumps so that the land can be used for cattle grazing. Ralph saws down the trees and then uses dynamite to assist in removing the tree stumps. He blows up about a dozen stumps. Ralph has committed:
none of the above.
Billy Joe goes to Mardi Gras in Galveston. Along the sidewalk he observes Frenchy who is performing card tricks. Frenchy places three playing cards face down on a table. One of the cards is the queen of spades. Frenchy shows the crowd the queen and then shuffles the cards several times across the tabletop. Frenchy is taking bets on whether anyone can pick the queen out of the three cards. Billy Joe lays $10 on the table and declares he can find the queen. Frenchy again shuffles the cards while Billy Joe watches intensely. When Frenchy finally lays the cards on the table, Billy Joe picks the card in the middle. Frenchy turns the card over to reveal the six of hearts. Frenchy takes Billy Joe's $10. An undercover police officer observes the incident and notices that Frenchy is "palming" the queen so that it appears to end up in the middle of the three cards on the table. In fact, another card, the six of hearts, is cleverly substituted so that the queen is not on the table at all! What is the most serious offense, if any, Frenchy has committed?
theft-misdemeanor
Mario exits his high performance European sports car to enter the dry cleaners to drop off some laundry. He leaves the vehicle's motor running. Danny, a 17-year-old, happens by, sees the car, and decides to take it for a spin. Danny jumps behind the wheel and drives off. About six blocks from the dry cleaners Danny realizes this was probably a bad idea. He parks the car in the shopping mall parking lot. However, an off-duty police officer observes Danny and is suspicious that such a young man would own such an expensive car. He detains and questions Danny. Danny admits he took the car without permission. The most appropriate charge to file against Danny would be:
unauthorized use of a vehicle because Danny lacked the owner's consent to drive the car.
Pablo charges individuals $1,500 to smuggle them across the Texas-Mexico border. One July day after collecting his fee, Pablo hides three Mexican citizens in sealed cardboard boxes marked "PINATAS." He then places the boxes in the back of his truck, which is filled with similarly marked boxes that actually contain piñatas. He drives across the border. A Customs inspector on the Texas side of the border glances in the back of the truck and waves Carlos through. Several hours later the truck breaks down near San Antonio. A passing Texas Highway Patrol trooper stops to assist Pablo. The trooper becomes suspicious when he hears noises coming from the boxes. He opens a box and discovers a hot, unconscious individual. The other two individuals are subsequently discovered. Pablo has committed:
unlawful restraint
Bill and Ted, two 17-year-old high school students, spend a portion of their school day bullying Mike, a mild-mannered fellow student. One day after school, Bill and Ted observe Mike walking down the street. The two bullies stop their car and ask Mike if he wants a ride. Mike, being suspicious of their motives, declines the offer. Nonetheless, Bill and Ted grab Mike and force him into the car. They drive Mike to the outskirts of town where they strip him to his underwear and shove him out of the car. Bill and Ted then depart leaving Mike embarrassed and stranded. A few minutes later a passing motorist stops and assists Mike. The police are notified of the incident. The most serious offense Bill and Ted have committed is:
unlawful restraint.
One method to commit the offense of burglary is for the offender to "enter" the building or habitation. Which of the following is an example of an offender committing this element of the offense of burglary?
All of the above actions are examples of to "enter" under the law of burglary.
Under the Texas law of assault, which of the following is a necessary element of the definition of the word "threat"?
an intent to inflict harm
Late one night a deputy sheriff catches Bill and Rudy stealing Javier's cattle. When apprehended, the two had successfully loaded six calves into a trailer. The fair market value of the calves is $200 each. The most serious offense Bill and Rudy may be charged with is:
felony theft.
The Texas anti-graffiti law is content neutral. This means that the nature or meaning of the markings are irrelevant to whether nor not a violation of the statute has occurred. The content-neutral approach is an effort to avoid allegations that the statute violates the:
First Amendment.
The phrase "in the course of committing theft" means which of the following?
The definition of the phrase includes all of the above
Ron and Ralph, two 19-year-olds, are driving about one evening. Ralph is tossing firecrackers out the window of the car. As their car passes a convertible driven by Helen, Ralph purposefully tosses a firecracker into the car. The firecracker lands in Helen's lap and explodes. Helen suffers minor burns to her thigh. Ralph has committed:
assault
Jose learns that Guido, a member of a rival urban gang, has been harassing Jose's girlfriend Yolanda. Jose grabs his assault rifle and drives over to Guido's house. As he drives by Guido's home, Jose fires a burst of shots into the house. Neither Guido nor any of his family is at home at the time. The most serious offense Jose has committed is:
deadly conduct.
Which of the following items is specifically identified as a "deadly weapon" according to the definition contained in the Texas Penal Code?
firearm
Penny is walking through the mall parking lot when she observes a checkbook lying on the ground. Penny picks up the checkbook, examines it, and places it in her purse. She then enters the mall to do her Christmas shopping. At the jewelry store, Penny purchases a pair of $700 diamond earrings. She withdraws the found checkbook and writes a check for the purchase price. She signs the name of the person whose name is imprinted on the checks. The clerk, who is quite busy due to the Christmas shoppers, asks, "Is everything on the front of the check correct?" Penny laughs and responds, "As far as I know." Penny departs with the earrings. After the bank rejects paying the check, a review of the store surveillance tape results in the identification of Penny. The most serious offense Penny has committed is:
forgery because Penny signed a name to the check for which she was not authorized.
Ricardo enters a liquor store one cold winter evening. He approaches the clerk and says, "This is a stick-up. Give me all of your money or you're a dead man!" Ricardo has his hand in his right coat pocket and is using his finger to simulate a gun barrel. The clerk, believing Ricardo to be holding a pistol, says, "Don't shoot. I'm afraid to die. Here's the money." He hands Ricardo $575. Ricardo departs. The most serious offense Ricardo has committed is:
robbery because he threatened the clerk with death in order to obtain the money.
Of the following injuries, which meets the definition of "serious bodily injury" as defined in the Texas Penal Code?
severed artery
In addition to the other elements of the offense, to obtain a robbery conviction a Texas prosecutor must establish that the defendant was in the course of committing:
theft
Roscoe operates Ajax Roofing Repair, a company that goes into neighborhoods after hail storms and seeks to obtain jobs repairing roofs. He uses second-rate materials and charges very high prices for the work. After one particular storm, Roscoe approaches Hazel, a 85-year-old widow who lives alone. Roscoe offers Hazel a free inspection of her roof. The roof has suffered only minor damage but Roscoe tells Hazel that it has suffered serious hail damage. Fearful that her roof will leak, Hazel signs a contract with Ajax to repair the roof. She agrees to pay $2,800, an amount that is more than double what most roofers would charge. Roscoe's crew makes the minor repairs to the roof and collects the $2,800. When Hazel's son learns of the roof repair, he calls the police. Roscoe has committed:
theft because he deceived Hazel about the condition of the roof.
