Penal Code (8) (TEEX 171)

A person is upset with a former friend and wants to get back at him. The person calls the police and reports that the former friend stole his television from his residence. The person then hid his television as if it was gone. What offense has occurred? (8) Select one: a. False Report to Peace Officer b. Perjury c. Aggravated Perjury d. Burglary - Habitation e. None of the above

a. False Report to Peace Officer

__________ is the state; a county, municipality, or political subdivision of the state; or any branch or agency of the state, a county, municipality, or political subdivision. (8) Select one: a. Government b. Supreme Court c. Police department d. Senate

a. Government

PC 32.51 describes what category of theft? (8) Select one: a. Identity theft b. Fraud c. Blackmail d. Extortion

a. Identity theft

Harassment as defined by Penal Code 42.07 cannot occur if the communication is initiated by which of the following means? (8) Select one: a. In person b. By telephone c. In writing d. By e-mail e. None of the above

a. In person

A person commits this offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes. (8) Select one: a. Leaving a child in a vehicle b. Abandonment c. Negligence d. Unfit to parent

a. Leaving a child in a vehicle

__________ is an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. (8) Select one: a. Misdemeanor b. Felony c. Burglary d. Crime

a. Misdemeanor

A person commits the offense of __________ if he commits an act clearly dangerous to human life, with the intention of causing serious bodily injury, and causes the death of an individual. (8) Select one: a. Murder b. Intoxication Manslaughter c. Manslaughter d. Criminal Negligent Homicide e. Genocide

a. Murder

__________ means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or is a holder in due course of a negotiable instrument. (8) Select one: a. Owner b. Possessor c. Creator d. Crafter

a. Owner

A __________ is a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. (8) Select one: a. Penal institution b. Prison c. Jail d. Penitentiary

a. Penal institution

A person is walking through an apartment complex parking lot looking into vehicles at 3am in the morning. When contacted by police, he is wearing rubber gloves and holding a car entry tool (slim jim). What offense has occurred? (8) Select one: a. Possession of Criminal Instrument b. Attempted Burglary of Motor Vehicle c. Criminal Trespass d. Burglary of Motor Vehicle e. None of the above

a. Possession of Criminal Instrument

__________ is any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (8) Select one: a. Public place b. Private building c. Public works d. National parks

a. Public place

A person driving a pickup truck backs up in a parking lot without first looking and collides into another vehicle worth $18,000 causing $1,000 worth of damage. What offense has occurred? (8) Select one: a. Reckless Damage or Destruction b. Criminal Mischief - Misd. B c. Criminal Mischief - Misd. A d. Criminal Mischief - Felony e. None of the above

a. Reckless Damage or Destruction

__________ is a municipal or county jail; or a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. (8) Select one: a. Secure correctional facility b. Prison c. Jail d. Penitentiary

a. Secure correctional facility

PC 31.03 explains __________. (8) Select one: a. Theft b. Escape c. Evading Detention d. Unlawful Restraint

a. Theft

No person may be convicted of an offense unless each element of the offense is proved __________. (8) Select one: a. beyond a reasonable doubt b. beyond a shadow of a doubt c. by a preponderance of the evidence d. to the level of probable cause e. none of the above is correct

a. beyond a reasonable doubt

A __________ means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property if the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan, or the offenses are the repeated commission of the same or similar offenses. (8) Select one: a. criminal episode b. severance c. combination d. riot e. conspiracy

a. criminal episode

To intentionally or knowingly "restrain" another person from leaving is __________. (8) Select one: a. unlawful restraint b. kidnapping c. aggravated kidnapping d. deadly conduct e. none of the above

a. unlawful restraint

__________ means a bodily movement, whether voluntary or involuntary, and includes speech. (8) Select one: a. Motion b. Act c. Movement d. Action

b. Act

A person is stopped for speeding and is contacted by the police officer. The person offers the police officer $100 to disregard the traffic offense. The person committed what offense? (8) Select one: a. Acceptance of Honorarium b. Bribery c. Improper Influence d. Tampering with Witness

b. Bribery

__________ means a threat to commit an offense, to inflict bodily injury in the future on the person threatened or another, to accuse a person of any offense, to expose a person to hatred, contempt, or ridicule, to harm the credit or business repute of any person, to take or withhold action as a public servant, or to cause a public servant to take or withhold action. (8) Select one: a. Tempt b. Coercion c. Browbeating d. Duress

b. Coercion

__________ means assent in fact, whether express or apparent. (8) Select one: a. Conduct b. Consent c. Act d. Offense

b. Consent

A person intentionally or knowingly damages or destroys tangible property without the effective consent of the owner commits __________. (8) Select one: a. Arson b. Criminal mischief c. Reckless damage or destruction d. Aggravated arson

b. Criminal mischief

__________ includes consent by a person legally authorized to act for the owner. (8) Select one: a. Ineffective consent b. Effective consent c. Legal consent d. Verbal consent

b. Effective consent

__________ is the forbidden conduct; the required culpability; any required result; and the negation of any exception to the offense. (8) Select one: a. Reason of arrest b. Element of offense c. Charges d. Offense

b. Element of offense

__________ means an offense so designated by law or punishable by death or confinement in a penitentiary. (8) Select one: a. Misdemeanor b. Felony c. Criminal activity d. Public intoxication with a deadly weapon

b. Felony

__________ is the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. (8) Select one: a. Constitution b. Law c. Penal code d. TABC code

b. Law

__________ includes affirmation. (8) Select one: a. Pinkie promise b. Oath c. Vow d. Pledge

b. Oath

A __________ is an individual, corporation, or association. (8) Select one: a. Place b. Person c. Thing d. Element

b. Person

__________ means actual care, custody, control, or management. (8) Select one: a. Production b. Possession c. Making d. Carrier

b. Possession

Joe takes a business client to the motel where he has arranged sexual entertainment for the evening. The next day, the client give Joe $500 for a wonderful evening. Joe gives the lady $200 and a $50 tip. What offense, if any, has been committed by Joe? (8) Select one: a. Prostitution b. Promotion of Prostitution c. Aggravated Promotion of Prostitution d. Compelling prostitution e. Disorderly Conduct

b. Promotion of Prostitution

__________ means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. (8) Select one: a. Abduct b. Restrain c. Apprehend d. Kidnap

b. Restrain

A person who, in the course of committing theft, knowingly, or recklessly causes bodily injury to another, or places another in fear of imminent bodily injury or death, has committed what offense? (8) Select one: a. Assault b. Robbery c. Aggravated robbery d. Manslaughter

b. Robbery

To __________ includes to affirm. (8) Select one: a. Curse b. Swear c. Sacrilege d. Profanity

b. Swear

A kid on a skateboard rides by and steals a radio from a bench where a lady is sitting. What offense has the kid committed? (8) Select one: a. Robbery b. Theft c. Aggravated robbery d. Theft of service e. Theft from a person

b. Theft

__________ is criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. (8) Select one: a. Lawful b. Unlawful c. Criminal d. Samaritan

b. Unlawful

According to the Penal Code, a person acts __________, with respect to the nature of their conduct, when it is the conscious objective or desire to engage in the conduct or cause the result. (8) Select one: a. knowingly b. intentionally c. with criminal negligence d. recklessly

b. intentionally

__________ is to intentionally or knowingly "abduct" another person. (8) Select one: a. false imprisonment b. kidnapping c. aggravated kidnapping d. deadly conduct e. none of the above

b. kidnapping

__________ includes authority, board, bureau, commission, committee, council, department, district, division, and office. (8) Select one: a. Company b. Firm c. Agency d. Department

c. Agency

Jesse is arrested for shoplifting a leather coat from Dillards. She is stopped by the security people of the store and in her attempt to escape with the coat Jesse stabs one of the security people causing serious bodily injury. The most serious offense Jesse has committed is __________. (8) Select one: a. Felony theft b. Reckless conduct c. Aggravated Robbery d. Robbery

c. Aggravated Robbery

__________ means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. (8) Select one: a. Advance b. Gift c. Benefit d. Interest

c. Benefit

__________ is a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. (8) Select one: a. Jail b. Prison c. Correctional facility d. Penal institution

c. Correctional facility

__________ is a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. (8) Select one: a. Bludgeon b. Catapult c. Deadly weapon d. Flail

c. Deadly weapon

__________ includes an individual who is an unborn child, the failure to be born alive. (8) Select one: a. Life b. Birth c. Death d. Fetus

c. Death

Which of the following is not an element of an offense? (8) Select one: a. Forbidden conduct b. Required culpability c. Effective consent d. Any required result e. Negation of any exception

c. Effective consent

A person makes some checks and uses one to purchase a pizza worth $15 delivered to his residence. What offense has occurred? (8) Select one: a. Theft b. Theft by Check c. Forgery d. Issuance of Bad Check e. None of the above

c. Forgery

A juvenile is sitting on a picnic table in a public park. The juvenile writes his name on the bench with a Sharpie marker causing damage valued at $40. What offense has occurred? (8) Select one: a. Criminal Mischief - Misd C b. Criminal Mischief - Felony c. Graffiti d. Graffiti - Felony e. None of the above

c. Graffiti

______ is anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. (8) Select one: a. Injury b. Handicap c. Harm d. Mutilation

c. Harm

According to the Penal Code, what offense is committed when a person threatens to harm another, by an unlawful act, on account of their service as a witness or public servant? (8) Select one: a. Tampering with a witness b. Jury tampering c. Obstruction or retaliation d. Official oppression

c. Obstruction or retaliation

__________ is a failure to act. (8) Select one: a. Laziness b. Idleness c. Omission d. Neglect

c. Omission

Criminal Attempt occurs when a person, with specific intent to commit an offense, does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. An offense of Criminal Attempt is punishable by what offense punishment level? (8) Select one: a. The same category of the offense attempted b. One category higher than the offense attempted c. One category lower than the offense attempted d. Two categories lower than the offense attempted e. None of the above

c. One category lower than the offense attempted

A/an __________ is a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law. (8) Select one: a. Police officer b. Officer c. Peace officer d. Cop

c. Peace officer

__________ is the actual care, custody, control, or management. (8) Select one: a. Hospice b. Purchase c. Possession d. Ownership

c. Possession

Improper Relationship between Educator and Student refers to illegal sexual interactions with students enrolled in which schools? (8) Select one: a. Public primary or secondary schools b. Private primary or secondary schools c. Public or private primary or secondary schools d. All levels of education public or private e. None of the above

c. Public or private primary or secondary schools

A __________ is a person elected, selected, appointed, employed, or otherwise designated, even if he has not yet qualified for office or assumed his duties. (8) Select one: a. Jury b. Blue-collar worker c. Public servant d. Trump

c. Public servant

A person has committed the offense of __________, if he intentionally prevents or obstructs a person he knows is a peace officer from effecting an arrest or search, by using force against the peace officer. (8) Select one: a. Aggravated Assault on a Police Officer b. Hindering Apprehension c. Resisting Arrest d. Escape e. Obstructing Justice

c. Resisting Arrest

Which of the following offenses will raise murder to capital murder? (8) Select one: a. Criminal Mischief b. Aggravated Assault c. Robbery d. Bribery

c. Robbery

Intentionally or knowingly; causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent is __________. (8) Select one: a. Aggravated assault b. Battery c. Sexual Assault d. Assault

c. Sexual Assault

Which of the following would be classified as a Short Barrel Firearm? (8) Select one: a. Rifle with a 16 inch barrel b. Shotgun with an 18 inch barrel c. Shotgun with a 17 inch barrel d. Shotgun or rifle with an overall length of 26 inches e. Handgun with a 2 inch barrel

c. Shotgun with a 17 inch barrel

Fraudulent Use or Possession of Identifying Information (PC 32.51) is a __________ if the number of items obtained, possessed, transferred, or used is less than five. (8) Select one: a. Class C misdemeanor b. Class B misdemeanor c. State jail felony d. 3rd degree felony

c. State jail felony

A husband and wife are at a store. The husband punches his wife, causing her bodily injury. What offense, if any, has the husband committed? (8) Select one: a. disorderly conduct b. family violence c. assault d. aggravated assault e. no offense occurred

c. assault

A police sergeant makes sexual advances toward a female. The sergeant committed __________. (8) Select one: a. sexual harassment b. official misconduct c. official oppression d. disorderly conduct

c. official oppression

Which of the following factors most generally contributes to the mental and emotional injury to a child and is punishable under P.C. 22.04? (8) Select one: a. punishment b. act of abuse c. omission or neglect d. spanking

c. omission or neglect

According to the Penal Code, in the case of an "exception to an offense", the burden of proof lies with the __________. (8) Select one: a. defense attorney b. grand jury c. prosecuting attorney d. plaintiff

c. prosecuting attorney

According to the Penal Code, a person commits the offense of theft if they __________ appropriate property with intent to deprive the owner of the property. (8) Select one: a. willingly b. intentionally c. unlawfully d. knowingly

c. unlawfully

A person commits an offense only if he __________ engages in conduct. (8) Select one: a. responsibly b. performs and c. voluntarily d. first

c. voluntarily

According to the penal code statues, how many persons constitute a riot? (8) Select one: a. 4 b. 5 c. 6 d. 7 e. 8

d. 7

A person knowingly causes serious bodily injury to another in the course of committing theft. According to the Penal Code, what is the most serious offense committed? (8) Select one: a. Burglary b. Robbery c. Aggravated theft d. Aggravated robbery

d. Aggravated robbery

__________ means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. (8) Select one: a. Crew b. Group c. Division d. Association

d. Association

Which of the following is not an element of the offense of Burglary? (8) Select one: a. Enter or remains concealed b. Without effective consent c. Intended to commit a felony or theft d. Breaking and Entering e. A & C above

d. Breaking and Entering

A person steals an old lawn mower worth $40 out of an old storage shed that is falling apart. What offense has occurred? (8) Select one: a. Theft b. Disorderly Conduct - Trespass c. Criminal Trespass - Building d. Burglary - Building e. None of the above

d. Burglary - Building

A person finds an open door to a residence. The person goes inside and discovers that nobody is home. The person looks for money or jewelry that he could take but gets scared and leaves without taking anything when a vehicle drives by. What offense has occurred? (8) Select one: a. Attempted Theft b. Criminal Trespass - Habitation c. Attempted Burglary - Habitation d. Burglary - Habitation e. None of the above

d. Burglary - Habitation

__________ means assent in fact, whether express or apparent. (8) Select one: a. Admission b. Permission c. Approval d. Consent

d. Consent

__________ includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies. (8) Select one: a. Corporate taxes b. Operation c. Businesses d. Corporation

d. Corporation

Which culpable mental state refers to a person's conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur when and to the degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint? (8) Select one: a. Intentional b. Knowing c. Reckless d. Criminal Negligence e. None of the above

d. Criminal Negligence

__________ is a facility that generates electric energy for distribution to the public. (8) Select one: a. Nuclear power plant b. Gas power plant c. Solar hydroelectric heating plant d. Electric generating plant

d. Electric generating plant

__________ is a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public. (8) Select one: a. Tesla power station b. Electric utility station c. Waste utility substation d. Electric utility substation

d. Electric utility substation

A person is told that he is under arrest for an outstanding traffic warrant. When the police officer attempts secure the person using handcuffs, the person runs away telling the officer he is not going to jail. What offense has occurred? (8) Select one: a. Retaliation b. Obstruction c. Resisting Arrest, Search, or Transport d. Evading Arrest or Detention e. None of the above

d. Evading Arrest or Detention

A person who attempts to commit or conspires to commit an act declared by this subtitle to be an offense is guilty of the offense. (8) Select one: a. Offense by officer b. General offense c. Offense by owner d. Inchoate offense

d. Inchoate offense

Which of the following offenses involve the elements of "Sudden Passion" and "Adequate Cause"? (8) Select one: a. Manslaughter b. Capital Murder c. Criminal Negligent Homicide d. Murder e. Criminal Negligent Homicide

d. Murder

According to Chapter 19, criminal homicide of the Penal Code, which of the following is not an element of proof for the offense of murder? (8) Select one: a. Person intentionally causes the death of an individual b. Causes the death of a person-- while committing a felony and in the course of committing the felony he commits an act clearly dangerous to human life that caused the death. c. Intends to cause serious bodily injury but causes death. d. Recklessly causes the death of an individual

d. Recklessly causes the death of an individual

__________ includes regulation. (8) Select one: a. Public places b. Statutes c. Law d. Rule

d. Rule

Consent is not effective if __________. (8) Select one: a. induced by threat, fraud or force b. given by an intoxicated person c. given by a person with mental disease or defect d. any of the above

d. any of the above

According to Sec. 46.01 of the Penal Code, the definition of a location restricted knife is a knife with a __________. (8) Select one: a. blade over 5 inches b. lock blade c. blade 5 1/2 inches or over d. blade over 5 1/2 inches

d. blade over 5 1/2 inches

When Mr. Adams agrees with one or more persons to engage in a felony offense and one of them carries out the offense, Mr. Adams may be charged with __________. (8) Select one: a. the offense itself b. criminal attempt c. a misdemeanor d. criminal conspiracy e. none of the above

d. criminal conspiracy

Which of the following is not a culpable mental state? (8) Select one: a. Intentional b. Knowing c. Reckless d. Criminal Negligence e. All of the above are culpable mental states

e. All of the above are culpable mental states

Voluntary intoxication is __________. (8) Select one: a. A perfect defense b. An affirmative defense c. A justifiable defense d. A perfect and a justifiable defense e. No defense

e. No defense

A female person possesses a valid Handgun License and is carrying a compact Glock pistol in her purse. As the person enters a local store, she notices a picture on the front door of a handgun inside a circle with a line drawn diagonally across it and no other signs talk about weapons. What offense has occurred if she continues into the store? (8) Select one: a. Unlawful Carrying Weapon b. Places Weapons Prohibited c. Criminal Trespass - Building d. Criminal Trespass by Concealed Handgun License Holder e. None of the above

e. None of the above

John offers Jackie $35.00 to engage in sexual conduct with him. John has committed the offense of __________. (8) Select one: a. Promotion of Prostitution b. Prostitution c. Aggravated Promotion of Prostitution d. Compelling Prostitution e. Solicitation of Prostitution

e. Solicitation of Prostitution

Conduct merely affording a person the opportunity to commit an offense does not constitute entrapment. (8) Select one: True False

True

A person may not be prosecuted for or convicted of any offense that he committed when younger than _______ years of age except perjury, aggravated perjury, etc. (8) Select one: a. 15 b. 14 c. 13 d. 16 e. 17

a. 15

__________ means to restrain a person with intent to prevent his liberation by: secreting or holding him in a place where he is not likely to be found; or using or threatening to use deadly force. (8) Select one: a. Abduct b. Kidnap c. Restrain d. Apprehend

a. Abduct

_____ means a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means __________. (8) Select one: a. Actor b. Crafter c. Plaintiff d. Litigant

a. Actor

A person commits this offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide. (8) Select one: a. Aiding suicide b. Murder c. Assissted suicide d. Accomplice to suicide

a. Aiding suicide

In cruelty to non-livestock animals, a person commits an offense if the person intentionally, knowingly, or recklessly __________. (8) Select one: a. All of the above b. Fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody. c. Tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal. d. Without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal.

a. All of the above

__________ means a person other than the actor. (8) Select one: a. Another b. Addition c. Attachment d. Accomplice

a. Another

__________ means physical pain, illness, or any impairment of physical condition. (8) Select one: a. Bodily injury b. Abuse c. Slander d. Physical harm

a. Bodily injury

A person is stopped for speeding and is contacted by the police officer. The person offers the police officer $100 to disregard the traffic offense. What offense has occurred in addition to speeding? (8) Select one: a. Bribery b. Coercion of Public Servant c. Improper Influence d. Obstruction e. None of the above

a. Bribery

__________ means an act or omission and its accompanying mental state. (8) Select one: a. Conduct b. Creation c. Comportment d. Deeds

a. Conduct

According to the Penal Code, what is an affirmative defense to prosecution that the actor was compelled by threat of serious bodily injury to engage in the proscribed conduct? (8) Select one: a. Duress b. Insanity c. Mistake of fact d. Entrapment

a. Duress

According to Sec. 25.04 of the Penal Code, a person commits an offense if with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly persuades or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child. The title of this offense is __________. (8) Select one: a. Enticing a child b. Criminal nonsupport c. Kidnapping d. Tampering with child custody

a. Enticing a child