Penal Code Flashcard review

1
Penal Code Flashcard review
2

• A person commits what offense if without the
  effective consent he enters a coin-operated
  machine, coin collection machine, coin collection
  receptacle, contrivance, apparatus, or equipment
  used for the purpose of providing lawful
  amusement, sales or goods, services, or other
  valuable things, or telecommunications with
  intent to obtain property or services?

• BURGLARY OF COIN - OPERATED OR COIN COLLECTION
  MACHINES

3

• Under the Texas Penal Code if a document is
  stolen, which is not evidence of a debt, and the
  value of the "document" cannot be readily
  ascertainable, then the value is determined by
  the ___________.
• a. amount that the District Attorney states that
  it is worth
• b. greatest amount of economic loss to the owner
  of it
• c. amount that it is claimed to have been worth
  by the owner
• d. amount that is usually claimed in business for
  it

• greatest amount of economic loss to the owner of
  it

4

• How is Entry defined under BURGLARY OF COIN -
  OPERATED OR COIN COLLECTION MACHINES?

• every kind of entry except one with owners
  effective consent

5

• The classification of BURGLARY OF COIN - OPERATED
  OR COIN COLLECTION MACHINES?

• Class A misdemeanor

6

• A person commits what offense if without the
  effective consent of the owner, he breaks into or
  enters any part of a vehicle with intent to
  commit felony or theft?

• 30.04. BURGLARY OF VEHICLES

7

• What is the forbidden conduct under Criminal
  Trespass?

• enters or remains on property or in a building
  of another without the effective consent of the
  owner and had notice that entry was forbidden,
  told to leave but doesnt

8

• Defense to prosecution under Criminal Trespass is
  for who?

• firemen and EMS personnel

9

• If Farmer Brown sees Bill on his property when
  his corn is ripe, but there is no sign forbidding
  Bill from entering the property, has Bill
  committed Criminal Trespass?

• Yes, because of human consumption crops

10

• What are the elements of THEFT?

• a person intentionally or knowingly unlawfully
  deprives the owner of property with the intent to
  maintain possession or control for the majority
  of the property

11

• There is no DEFENSES TO PROSECUTION under theft
  when the actors conduct was....

• OFFENSE occurred as result of law enforcement
  efforts Actor was provided with opportunity to
  engage in conduct or facility Actor was
  solicited by law enforcement agent with amount of
  solicitation such, that a predisposed person
  would commit the offense

12

• the pecuniary amount that determines CLASS C
  theft is...

• is...
• less than 50 or 20.00 when property obtained
  by issuing or passing a check or similar sight
  order

13

• What is intent of the actor under the offense of
  arson?

• to cause damage or destruction

14

• What is the forbidden conduct under CRIMINAL
  MISCHIEF?

• without the effective consent of the owner a
  person intentionally damages or destroys tampers
  and causes pecuniary loss or substantial
  inconvenience or makes markings on the property
  of another

15

• When is it presumed that a person who is
  receiving the economic benefit of public
  communication, public water, gas, or power
  supply, has knowingly tampered with the tangible
  property of the owner?

• if the communication or supply has been
• diverted from passing a metering device
• prevented correct registration by metering device
• activated by any device installed to obtain
  services

16

• What is the classification of the offense of
  DEADLY CONDUCT?

• Class A for recklessly places another in imminent
  danger of serious bodily injury 3rd degree for
  KNOWINGLY places another in imminent danger of
  serious bodily injury Discharging firearm AT
  OR IN DIRECTION OF individuals or buildings or
  vehicles and is reckless about occupation

17

• Under HARBORING RUNAWAY CHILD, the forbidden
  conduct is that the actor harbors A CHILD AND IS
  CRIMINALLY NEGLIGENT ABOUT WHETHER THE CHILD IS
  what?

• younger than 18 years of age
• escaped from the custody of PO TYC detention
  facility for children, or voluntarily absent from
  home without consent of parents and without
  intent to return

18

• What is the defense TO PROSECUTION under
  HARBORING RUNAWAY CHILD?

• actor notified person, agency or law enforcement
  that child escaped within 24 hours of discovery
  of childs status
• actor notified person at childs home or law
  enforcement within 24 hours of discovery of
  childs status as runaway

19

• imminent SBI, interruption of occupation of
  building, room place, aircraft, automobile
  cause impairment or interruption of public
  communication, public transportation, public
  water, gas, or power

• What must be threaten under Terroristic Threats?

20

• AIDING SUICIDE is what classification when there
  is no injury?

• CLASS C with no injury

21

• DURESS BLACKS means what?

• action by a person which compels another to do
  what he would not otherwise do

22

• Under TAMPERING WITH CONSUMER PRODUCT, when does
  a person commit this offense?

• knowingly or intentionally tampers threatens with
  or does tamper with a product that will be
  offered for sale to the public

23

• recklessly places another in imminent danger of
  serious bodily injury KNOWINGLY places another
  in imminent danger of serious bodily injury
  Discharging a FIREARM AT OR IN DIRECTION OF
  individuals or buildings or vehicles and is
  reckless about occupation

• A person commits DEADLY CONDUCT if he

24

• What circumstances make abandoning a second
  degree felony?

• Abandons with exposure to unreasonable risk of
  harm when a reasonable person would have presumed
  the child in imminent danger of death, bodily
  injury, or physical or mental impairment

25

• How does an offense become "aggravated" ?

• when the aggravation element is present

26

• What is an agency required to do upon receipt of
  a runaway child or escaped juvenile from custody?

• immediately enter into computer

27

• What element conditions are present?

• younger than 18 and has escaped custody of TYC,
  detention, police or is absent without consent of
  parent for a substantial period of time without
  the intent to return

28

• When the child is abandoned without intent to
  return what is the classification?

• 3rd felony

29

• What is the time limitation on entering a
  "missing juvenile into the national NCIC system?

• none, it must be done immediately

30

• Under VIOLATION OF PROTECTIVE ORDER or
  MAGISTRATES ORDER, the forbidden communication
  must be done in what manner?

• with family member or household in threatening or
  harassing manner, if prohibited by order

31

• When a person has engaged in conduct that is
  directed specifically toward a person who is a
  member of a family or household, including
  following the person who is a member of the
  family or household that is reasonably likely
  harass, annoy, alarm, abuse, torment, or
  embarrass that person, that person has
  committed.....

• FAMILY VIOLENCE

32

• Under VIOLATION OF PROTECTIVE ORDER or
  MAGISTRATES ORDER, is there any exception or
  defense?

• no defense/no exception

33

• What is forbidden conduct under endangering?

• act or omission places child in imminent danger
  of death, bodily injury, or physical or mental
  impairment or Abandons with exposure to
  unreasonable risk of harm

34

• 50.00 or more, but less than 500 OR 20 or
  more, but less than 500 property obtained by
  issuing or passing sight order or value of
  property is less than 50 and defendant has been
  previously convicted of any grade of theft or
  20 or more, when the defendant obtained property
  by issuing or passing a check or similar sight
  order in a manner described by Section 31.06. and
  defendant has been previously convicted of any
  grade of theft

• the pecuniary amount that determines CLASS B
  theft is

35

• When the value of stolen property is 500 or
  more, but less than 1,500 the offense
  classification is ....

• Class A

36

• When the value of stolen property is 1,500 or
  more, but less than 20,000, OR less than 10 or
  more head of cattle, horse, or exotic livestock
  or exotic fowl, or any part thereof under the
  value of 20,000 or less than 100 head of
  sheep, swine, or goats or any part thereof under
  the value of 20,000, then the classification is
  ....

• State jail felony

37

• When a person has committed theft, regardless of
  value, and the property is stolen from person of
  another, human corpse, or grave, that person has
  committed the classification of .....

• Sate Jail Felony

38

• Under Theft, a 3RD FELONY value of property is
  ...

• 20,000 or more, but less than 100,000

39

• When 10 or more head of cattle, horses, or exotic
  livestock, or exotic fowl as defined, stolen
  during a single transaction and having an
  aggregate value of less than 100,000 has been
  stolen, what classification of offense has
  occurred?

• 3rd degree felony

40

• What classification of theft has been committed
  when 100 or more head of sheep, swine, or goats
  stolen during a single transaction and having an
  aggregate value of less than 100,000.

• 3rd degree felony

41

• A theft that is classified as a 2ND FELONY is of
  property of the value of ____ or more, but less
  than ______

• 100,000 less than 200,000

42

• A theft that is classified as a 1st FELONY is of
  property of the value of ____ or more

• 200,000

43

• If the actor in a theft was a public servant, and
  the property came into his possession, custody or
  control by virtue of that office, what happens to
  punishment?

• punishment is increased to the next highest level

44

• When a person knowingly or intentionally intents
  to avoid payment for services that he knows are
  provided for compensation he has committed what
  offense?

• theft of service

45

• What is culpable mental states of endangering?

• intentionally, knowingly, recklessly or with CN

46

• Is it a defense to prosecution that an offense
  that was attempted was actually committed.

• No

47

• 12.33 SECOND-DEGREE FELONY punishment includes

• Imprisonment for life or 2 to 20 years Fine not
  to exceed 10,000 or both

48

• When an offense is only attempted what is the
  classification of that offense?

• one degree lower

49

• 12.34 THIRD-DEGREE FELONY punishment includes

• Imprisonment for life or 2 to 10 years Fine not
  to exceed 10,000 or both

50

• What category of offense must be intended to
  commit a criminal conspiracy?

• felonies

51

• To commit ABANDONING or ENDANGERING CHILD, the
  actor must do what?

• intentionally, Abandons with exposure to
  unreasonable risk of harm intentionally,
  knowingly, recklessly or with CN OR by act or
  omission places child in imminent danger of
  death, bodily injury, or physical or mental
  impairment

52

• Under 22.041. A BANDONING or ENDANGERING CHILD,
  the child is defined as younger than __________
  years of age in this section.

• 15

53

• Under TAMPERING WITH CONSUMER PRODUCT , when the
  actor threatens to tamper with product what is
  his intent?

• with intent to cause fear, affect sale, or cause
  bodily injury

54

• What is time limitation in LEAVING A CHILD IN A
  VEHICLE?

• longer than 5 minutes

55

• What is age child cannot be left unattended in a
  vehicle under LEAVING A CHILD IN A VEHICLE?

• younger than 7 years of age

56

• When more than one victim receives damage or loss
  during the same offense, how is the
  classification determined?

• by ratio of ownership and dollar amount of loss

57

• What are the designated locations that cause the
  classification of the offense of Criminal
  Mischief to rise?

• place of worship or burial

58

• RECKLESS DAMAGE OR DESTRUCTION the required
  culpability is

• recklessly

59

• RECKLESS DAMAGE OR DESTRUCTION the forbidden
  conduct is

• recklessly damages anothers property without
  consent of the owner

60

• What classification is VIOLATION OF PROTECTIVE
  ORDER or MAGISTRATES ORDER?

• Class A. except WHEN THE DEFENDANT HAS BEEN
  PREVIOUSLY CONVICTED 2 OR MORE TIMES UNDER THIS
  SECTION then state jail felony

61

• When there is a VIOLATION OF PROTECTIVE ORDER or
  MAGISTRATES can the actor be prosecuted under
  additional sections?

• yes

62

• Under VIOLATION OF PROTECTIVE ORDER or
  MAGISTRATES do reconciliatory actions or
  agreements affect the order or the duty of a
  peace officer?

• no

63

• Under VIOLATION OF PROTECTIVE ORDER or
  MAGISTRATES can the person protected by order be
  arrest for violations of that order?

• no

64

• When the forbidden conduct is that a person has
  possession, conservatorship, guardianship of
  child younger than 18 years, whether he has
  ACTUAL possession of child and he offers or
  agrees to accept or accepts thing of value for
  delivery of the child to another or for
  possession of a child by another for purpose of
  adoption has committed what offense?

• 25.08 SALE OR PURCHASE OF CHILD

65

• What is age of the child in attendance LEAVING A
  CHILD IN A VEHICLE?

• 14 years of age or older

66

• cause reaction by agency designed to handle
  emergencies place person in fear of imminent
  SBI prevent or interrupt occupation of building,
  room place, aircraft, automobile cause
  impairment or interruption of public
  communication, public transportation, public
  water, gas, or power to a building, room place,
  aircraft, automobile cause impairment or
  interruption of public communication, public
  transportation, public water, gas, or power

• A person commits TERRORISTIC THREAT if he
  threatens an offense involving violence to
  persons or property with intent what?

67

• How is reckless and danger presumed under Deadly
  Conduct?

• actor knowingly pointed a firearm at another
  whether loaded or not

68

• knowledge that the victim had been injured and
  failed to report and was a victim of family
  violence committed by a co-defendant also
  charged, and that this person DID NOT cause the
  condition and did not believe that interference
  was of value or effect at the time of the offense
  act or omission was based on treatment of a
  recognized religious method of healing or that
  the person charged prior to that date had

• Affirmative defenses under INJURY TO CHILD,
  ELDERLY INDIVIDUAL OR DISABLED individual is
  based on what?

69

• How many persons must be involved in a criminal
  conspiracy?

• actor agrees with 1 or more

70

• Classification of offense under INJURY TO CHILD,
  ELDERLY INDIVIDUAL OR DISABLED individual is
  based on what?

• mental state and level of injury

71

• Under what conditions is it shown that the actor
  has no longer assumed care, custody or control
  under INJURY TO CHILD, ELDERLY INDIVIDUAL OR
  DISABLED individual?

• by written notice to the person, child or
  elderly or disabled that he would no longer
  provide care, or to the parents or person
  entitled, or to the Department of Protective and
  Regulatory Services

72

• Under the Texas Penal Code ______ includes
  tangible or intangible personal property,
  including anything severed from land.
• a. documents
• b. real estate
• c. homestead
• d. property

• property

73

• When there is a defense to prosecution must the
  prosecuting attorney "negate" a defense to
  prosecution?

• no, it is the defense attorneys role to show
  that the defendants conduct falls within the
  defense.... he must prove it

74

• AFFIRMATIVE DEFENSE TO PROSECUTION under INJURY
  TO CHILD, ELDERLY INDIVIDUAL OR DISABLED
  individual are?

• based on treatment in accordance the tenets and
  practices of a recognized religious method of
  healing
• there is no evidence on date prior to the offense
  that defendant was aware of an incident and
  failed to report.
• the defendant was a victim of family violence,
  committed by a person who is also
• did not cause a condition listed
• did not believe at the time of the omission, that
  an effort to stop the defendant would have an
  effect

75

• The forbidden conduct under INJURY TO CHILD,
  ELDERLY INDIVIDUAL OR DISABLED is what?

• intentionally, knowingly, recklessly, or with
  criminal causing Serious bodily injury,
• serious mental deficiency, impairment, or injury,
  bodily injury to CHILD, ELDERLY INDIVIDUAL, OR
  DISABLED INDIVIDUAL

76

• Under solicitation a person may not be convicted
  on what type of testimony?

• uncorroborated testimony Unless circumstances
  strongly corroborate the solicitation and the
  intent of the actor that the other person act on
  the solicitation

77

• Under INJURY TO CHILD, ELDERLY INDIVIDUAL OR
  DISABLED, what is the required culpability?

• intentionally, knowingly, recklessly, or with
  criminal negligence, by ACT or intentionally,
  knowingly or recklessly by OMISSION,

78

• Compels by physical force or violence
• threatening to use force or violence and there
  is belief by victim actor is capable to execute
  threat
• victim is unconscious or physically unable to
  resist and has not consented
• actor knows result of mental disease or defect
  other is incapable of appraising the nature of
  the act
• victim is unaware that sexual assault is
  occurring
• actor intentionally impaired the victim's power
  to appraise or control themselves by
  administering any substance without victim's
  knowledge
• threat to use force or violence against any
  person
• actor is public servant who coerces the other
  to submit or participate
• this was added in response to police officer
  involved sexual assaults on traffic or arrest
  situations

• SEXUAL ASSAULT IS WITHOUT CONSENT IF

79

• What are the ADDED ELEMENTS TO PRODUCE AGGRAVATED
  Sexual Assault?

• .causes SERIOUS BODILY INJURY or ATTEMPTS to
  CAUSE DEATH of victim or another in same criminal
  episode
• .by ACTS or words, places victim in fear of
  death, serious bodily injury, kidnapping of any
  person
• .by ACTS or words occurring in presence of
  victim,threatens to cause the death, serious
  bodily injury, or kidnapping of any person
• .uses or exhibits a DEADLY WEAPON
• .ACTS in concert with another who engages in
  conduct
• VICTIM IS YOUNGER THAN 14 YEARS OF AGE or older
  than 65 years of age

80

• Charlie has in his possession an instrument that
  he intends to use in the commission of an
  offense. What offense has been committed?

• UNLAWFUL USE OF CRIMINAL INSTRUMENT

81

• Under AGGRAVATED SEXUAL ASSAULT what is the
  forbidden conduct?

82

• causes penetration of the anus or female sex
  organ by any means without consent
• causes penetration of the mouth by the sexual
  organ of the actor without consent
• causes the sexual organ of another without that
  person's consent to contact or penetrate the
  mouth, anus or sexual organ of another to include
  the actor
• causes the penetration of the anus of female
  sexual organ of a child by any means
• note without consent is deleted

83

• causes the penetration of the mouth of a child
  with actor's sexual organ
• causes sexual organ of child to contact or
  penetrate the mouth, anus, or sexual organ of
  another person, including the actor
• causes the anus of child to contact mouth, anus
  or sexual organ of another includes actor
• causes serious bodily injury or attempts to cause
  death of victim or another in same criminal
  episode
• by acts or words, places victim in fear of death,
  serious bodily injury, kidnapping of any person

84

• by acts or words occurring in presence of
  victim,threatens to cause the death, serious
  bodily injury, or kidnapping of any person
• uses or exhibits a deadly weapon
• acts in concert with another who engages in
  conduct
• victim is younger than 14 years of age or older
  than 65 years of age

85

• When a public servant intentionally and knowingly
  and while acting under color of his office,
  causes serious bodily injury to a person, that
  officer has committed what type of assault?

• Aggravated Assault, 1st degree

86

• Bill is a witness at the trial of John. Johns
  mother is coming out of the court room and sees
  Bill standing at the end of the hall at the
  stairs. Mother runs down the hall and pushes Bill
  down the stair, his leg is broken. What is the
  offense?

• Aggravated Assault, 1st degree, bill is a witness
  or prospective witness

87

• What type of defense is duress when the
  compulsion is based on by threat of imminent
  death or serious bodily injury to himself or
  another?

• affirmative defense which must be proven by a
  preponderance of the evidence

88

• Aggravated Assault is what category when a deadly
  weapon is used and the victim is a designated
  person?

• 1st degree

89

• Aggravated Assault is what category when the
  victim is not a designated person?

• 2nd degree

90

• 12.35 STATE JAIL FELONY punishment includes

• confinement in county jail for a period of 180
  days to 2 years Fine not to exceed 10,000 OR

91

• Under Aggravated Assault, how is the actor
  presumed to have known peace officer?

• distinctive uniform or badge

92

• What is the level of injury under Aggravated
  offenses of Sexual Assault or Assault?

• sbi

93

• What is the required results of Aggravated
  Assault?

• threat with deadly weapon OR serious bodily
  injury

94

• What elements besides the forbidden conduct of
  assault as defined in 22.01 will aggravate the
  offense to a higher status?

• causes SERIOUS BODILY INJURY
• uses, exhibits DEADLY WEAPON

95

• When there is a defense to prosecution to an
  offense must it always be brought out in court?

• NO not in accusation charging or when there is
  NO evidence supporting the defense.

96

• Under 22.02. AGGRAVATED ASSAULT, what is the
  threat level?

• causes SERIOUS BODILY INJURY or uses, exhibits
  DEADLY WEAPON or threatens with deadly weapon

97

• When the defendant attempts to use a defense to
  prosecution, what level of proof must the jury
  accept?

• reasonable doubt

98

• What are the required culpable mental states
  under AGGRAVATED ASSAULT?

• intentionally, knowingly or recklessly

99

• Under the offense of Assault, what is the threat
  level?

• imminent bodily injury or bodily injury

100

• Under PROHIBITED SEXUAL CONDUCT, the actor must
  engage in sexual intercourse, deviate sexual
  intercourse with what defined persons?

• ancestor or descendant by blood or adoption
  stepchild, or stepparent while relationship
  exist uncle or aunt brother or sister, natural
  or adopted.

101

• DEFINITIONS OF CULPABLE MENTAL of intentionally,
  or intent, is

• conscious objective or desire to engage in the
  conduct or cause the result

102

• When a peace officer affords a person an
  opportunity to commit an offense, entrapment is
  established.

• False

103

• What offense forbids the conduct of Engaging in
  sexual intercourse or deviate sexual intercourse
  with a person he KNOWS to be WITHOUT REGARD to
  legitimacy with his or her ancestor or descendant
  by blood or adoption stepchild, or stepparent
  while relationship exist uncle or aunt brother
  or sister, natural or adopted?

• PROHIBITED SEXUAL CONDUCT

104

• What is the acceptable age difference between
  victim and actor under defense to prosecution of
  a sexual assault?

• no more than 3 years older

105

• Without exceptions, what is the age that a person
  can be prosecuted for or convicted of an offense?

• 15 years of age

106

• Melvin is mad at his girlfriend, he goes to her
  house and ask her to take a ride with him, which
  she does. He drives her around and will not allow
  her to get out of the car. He uses bodily force
  to restrain her movements and takes her to the
  far west end of the island of Galveston where
  there are no people. What offense do you think
  has been committed?

• Kidnapping

107

• Sexual contact means

• touching of anus, breast, or genitals of another
  with intent to arouse or gratify the sexual
  desire of any person

108

• Melvin is mad at his girlfriend, he goes to her
  house and ask her to take a ride with him, which
  she does. He drives her around and puts her in
  the trunk of the car. He uses bodily force to
  put her there and then drives around for 2 hours.
  What offense do you think has been committed?

• 20.04. AGGRAVATED KIDNAPPING terrorize

109

• Sexual intercourse means

• penetration of the female sex organ by the male
  sex organ

110

• Melvin is mad at his girlfriend, he goes to her
  house and they start yelling at each other, her
  mother calls the police. When they get there, he
  grabs her around the neck and tells them to get
  back, then they drive off in the car. What
  offense do you think has been committed?

• 20.04. AGGRAVATED KIDNAPPING shield or hostage

111

• What is the acceptable age difference between
  victim and actor under defense to prosecution of
  a sexual assault?

• no more than 3 years older

112

• Can Homosexuals have sexual intercourse as
  defined by the code?

• no

113

• When is 20.04.AGGRAVATED KIDNAPPING a 1st degree
  felony reduced to a 2nd degree felony?

• AT Trial during punishment phase, the defendant
  may raise issue in regard to voluntary release of
  victim in safe place. Issue must be shown by
  preponderance of evidence, if shown,
  classification drops one degree to 2nd.

114

• Melvin is mad at his girlfriend, he goes to her
  house and ask her to take a ride with him, which
  she does. He drives her around and will not allow
  her to get out of the car. He uses bodily force
  to restrain her movements and takes her to the
  far west end of the island of Galveston where
  there are no people. What offense do you think
  has been committed?

• Kidnapping

115

• What is the Culpable mental state under Sexual
  Assault?

• intentionally or knowingly

116

• Under 21.06. HOMOSEXUAL CONDUCT, what is the
  forbidden conduct?

• deviate sexual intercourse with another of the
  same sex

117

• What is the exception stated for the offense of
  SALE OR PURCHASE OF CHILD?

• that the thing of value is fee paid to a
  child-placing agency, to an attorney or physician
  for services rendered in usual course of legal or
  medical practice reimbursement of legal or
  medical expenses

118

• Habitation means

• structure or vehicle adapted for overnight
  accommodation of persons includes separately
  secured or occupied portion of the structure and
  each appurtenant to or connected with

119

• Building means

• structure or enclosure intended for use or
  occupation as a habitation or for some purpose of
  trade, manufacture, ornament or use

120

• Is there an AFFIRMATIVE DEFENSE TO PROSECUTION
  under Sexual Assault?

• Yes,
• that it was with consent and the actor is no more
  than 3 years older than the victim who is 14 or
  older

121

• Property means

• real property, tangible or intangible personal
  property, includes things severed from land,
  document, money, or thing of value

122

• Vehicle means

• any device in, on, by which persons or property
  are or may be propelled, moved, or drawn in the
  normal course of commerce or transportation

123

• Controlled burning means

• burning of unwanted vegetation with consent of
  owner and fire is controlled and limited to
  certain area

124

• What are the required culpability's of the
  offense of ARSON?

• Intentionally, knowingly or recklessly

125

• Bill and Jack want to burglarize the hardware
  store. They go into the garage to find the tools
  that they will need to complete the conduct. They
  put the tools in the car and drive to the
  hardware store. Is this criminal attempt?

• NO

126

• Bill and Jack want to burglarize the hardware
  store. They go into the garage to find the tools
  that they will need to complete the conduct. They
  put the tools in the car and drive to the
  hardware store. Bill and Jack take the tools out
  of the car and try to pry the window open. Is
  this criminal attempt?

• Yes

127

• When does a person commit an offense under
  criminal attempt?

• when there is an act done that amounts to more
  than mere preparation that tends but fails to
  allow for the completion of the offense

128

• A person has in his possession an altered dollar
  bill that you know he intends to put into a
  vending machine to enter the coin box and cause
  the machine to expel all coinage. This person has
  committed what offense?

• UNLAWFUL USE OF CRIMINAL INSTRUMENT
  classification one lower crime than intended

129

• Under criminal attempt, must the act have to
  complete the offense?

• no

130

• DEFINITIONS OF CULPABLE MENTAL of knowingly,
  knowledge is

• aware of the nature of his conduct, aware that
  conduct is reasonably certain to cause the result

131

• What are the elements of criminal homicide?

• intentionally, knowingly, recklessly, or with
  criminal negligence, CAUSES THE DEATH OF AN
  INDIVIDUAL

132

• What are the titles of Criminal homicide?

• MURDER CAPITAL MURDER MANSLAUGHTER CRIMINALLY
  NEGLIGENT HOMICIDE

133

• What is the forbidden conduct of the offense of
  Arson?

• starts a fire or causes an explosion with intent
  to destroy or damage.

134

• What is the defined property that is damaged or
  destroyed under the offense of Arson?

• vegetation, fence, structure on open space land,
  any building or habitation, or vehicle that is
  within the city limits, is insured, is subject to
  mortgage or security interest on property of
  another or contains property of another

135

• DEFINITIONS OF CULPABLE MENTAL of recklessly,
  reckless is

• is aware of but consciously disregards a
  substantial or unjustifiable risk that the
  circumstances will exist or result will occur,
  risk is gross deviation from standard of care of
  ordinary person as viewed from actors standpoint.

136

• Bill is going to rob the stop and go. He takes
  his gun and enters the store and sticks it in the
  clerks face, who grabs the gun and they struggle
  over it and it accidentally goes off. What
  offense has Bill committed, based on the elements
  given?

• 19.2 MURDER- he did not intentionally commit
  the murder while committing or attempting to
  commit robbery

137

• Bill is going to rob the stop and go. He takes
  his gun and enters the store and sticks it in the
  clerks face, who begs him not to shoot her, but
  Bill is heartless and pulls the trigger and kills
  the clerk. What offense has Bill committed, based
  on the elements given?

• 19.03 CAPITAL MURDER causes death during the
  commission of robbery

138

• A person commits what offense, if he sells,
  rents, leases, loans or gives a handgun to anyone
  knowing that the handgun is intended to be used
  in the commission of an unlawful act. or ,
  rents, leases, loans or gives a handgun to anyone
  younger than 18 years of age any firearm, club or
  illegal knife or sells a firearm or ammunition
  for a firearm to any intoxicated person ?

• 46.06 UNLAWFUL TRANSFER OF CERTAIN WEAPONS

139

• When the jury finds that they have a reasonable
  doubt about evidence which supports a defense to
  prosecution, what MUST they do?

• acquit the defendant

140

• DEFINITIONS OF CULPABLE MENTAL of criminal
  negligence, criminally negligent,

• ought to have been aware of a substantial or
  unjustifiable risk that the circumstances exist
  or result will occur, risk is gross deviation
  from standard of care of ordinary person as
  viewed from actors standpoint.

141

• Bill and Jack want to burglarize the hardware
  store. They go into the garage to find the tools
  that they will need to complete the conduct. Is
  this criminal attempt?

• NO

142

• Who must show evidence to support An affirmative
  defense to prosecution ?

• The defense

143

• What are the exceptions that allow for the
  prosecution and conviction of a person younger
  than 15 for an offense?

• perjury and aggravated perjury when there is
  understanding of the obligation motor vehicle
  code misdemeanors punishable by fine only except
  PI, violation of political ordinances, violation
  of or lesser included offenses of Capital murder,
  agg controlled substance felony, 1st degree
  felony transferred to district jurisdiction.

144

• Bill is going to rob the stop and go. He takes
  his gun and enters the store and sticks it in the
  clerks face, and gets the money. He is very
  frightened and runs from the store, jumps in his
  car and backs out without looking, strikes a
  pedestrian and runs over him killing him. What
  offense has Bill committed, based on the elements
  given?

• 19.02 MURDER commits or attempts to commit a
  felony, other than manslaughter, and in the
  course of committing, or immediate flight from
  commits an act clearly dangerous to human life
  and causes the death of an individual, the death
  was not intentional

145

• When must the prosecuting attorney "negate" an
  affirmative defense to prosecution?

• he is not

146

• Can the punishment for a STATE JAIL FELONY be
  the same as that of a 3rd degree felony?

• yes when shown that a deadly weapon was used
  OR exhibited, whether by actor or as a party to
  offense, as defined in CCP 42.12.3g(a)(2) or had
  been convicted of a felony previously listed in
  CCP 42.12.3g(a)(1). CCP 42.12.3g(a)(1)
  (murder, capital murder, indecency with child,
  aggravated sexual assault, and aggravated
  robbery) or under CCP 42.12.3g (a)(2)
  (Affirmative findings and minimum punishments for
  the affirmative findings)

147

• when shown that a deadly weapon was used OR
  exhibited, whether by actor or as a party to
  offense, as defined in CCP 42.12.3g(a)(2) during
  the commission of a state jail felony, can the
  punishment range based on that fact be the same
  as a 3rd degree felony?

• Yes

148

• If a person has been convicted of a felony
  previously listed in CCP 42.12.3g(a)(1). or CCP
  42.12.3g(a)(1) (murder, capital murder,
  indecency with child, aggravated sexual assault,
  and aggravated robbery) or under CCP 42.12.3g
  (a)(2) (Affirmative findings and minimum
  punishments for the affirmative findings) and
  commits a state jail felony, how can that person
  be punished?

• as if it was a 3rd degree felony

149

• Bill and his brother are involved in a fight over
  a car. Bill and his brother are rolling around on
  the ground and Bill produces a pocket knife and
  stabs his brother in the leg, striking the artery
  and his brother bleeds to death in the yard. What
  offense has Bill committed, based on the elements
  given?

• 19.02 MURDER intends SBI, and causes death

150

• is a person criminally responsible if the wrong
  person is harmed or the wrong property is
  damaged?

• yes

151

• What is the distinction between accomplices and
  principles?

• There is no accomplices in the State of Texas

152

• What is the difference between reckless and
  criminal negligent?

• reckless is conscious disregarding and CN is
  ought to have been aware

153

• Bill and his brother are involved in a fight over
  Bills wife whom he just caught in bed with his
  brother. Bill and his brother are rolling around
  on the ground and Bill produces a pocket knife
  and stabs his brother in the heart, striking the
  aorta and his brother bleeds to death in the
  yard. What offense has Bill committed, based on
  the elements given?

• 19.02 MURDER causes death, possible 2nd degree
  because of sudden passion/adequate cause

154

• If NOT for the person's conduct, the results
  would NOT have occurred, either operating alone
  or concurrently with another cause, UNLESS the
  cause was "clearly sufficient" to produce the
  results, and the conduct "clearly" insufficient
  is what?

• CAUSATION CONDUCT AND RESULTS

155

• If Johnny helps Randy commit an offense then he
  can be charged as an accomplice.

• false

156

• When is an affirmative defense NOT submitted or
  negate?

• when there is NO evidence supporting the
  affirmative defense.

157

• Wanda, the cheerleader mom, was convicted for
  hiring a man to kill her daughters rivals
  mother. What offense did she commit and why?

• Solicitation of CAPITAL MURDER 1st degree
  felony, because of the remuneration or promise of
  same employs another to commit murder

158

• intentionally or knowingly causes death of person
  murdered is peace officer or fireman in lawful
  discharge of official duty and actor knows victim
  is po or fd
• intentionally while committing or attempting to
  commit kidnapping burglary robbery aggravated
  sexual assault arson obstruction retaliation

• What are the elements of Capital Murder?

159

• for remuneration or promise of same employs
  another to commit murder while escaping or
  attempting to escape (penal) while incarcerated
  in penal, murders another who is employed by the
  institution with intent to establish, maintain
  or participate in a combination or in the profit
  of a combination while serving life or 99 for
  20.44,22.021 or 29.03 murders more than one
  person in same transaction or in furtherance of
  the same scheme or course murders child under 6
  years of age

• What are the elements of Capital Murder?

160

• It is a DEFENSE under Perjury or Aggravated
  Perjury that oath was irregularly administered or
  that a document was not sworn to if document
  contains a recital that it was made under oath
  declarant must have been aware of recital when he
  signed it.

• False

161

• Under PERJURY, for a person to commit this
  offense, the intent must be what?

• deceive and with knowledge of the statement's
  meaning

162

• For a CRIMINAL SOLICITATION, the intended
  offense must be of what classification?

• capital or 1st degree felony

163

• When the affirmative defense IS submitted to the
  jury, what is the level of proof of evidence must
  be accepted?

• Preponderance of the evidence

164

• What offense is committed it a person sells,
  rents, leases, loans or gives a handgun to any
  person knowing that an active protective order is
  directed to the person to whom the handgun is to
  be delivered?

• 46.06 UNLAWFUL TRANSFER OF CERTAIN WEAPONS

165

• What is a lesser included offense of Capital
  Murder?

• Murder

166

• Criminal episode means the commission of ______
  or more offenses, regardless of number or persons
  or property

• 2 or more

167

• when a person makes a False statement under oath
  or swears to true of false statement which is
  required to be made under oath or makes a false
  unsworn declaration under Chapter 132, Civil
  Practice and Remedies Code, that person has
  committed what offense?

• Perjury

168

• When is a person criminally responsible as a
  party?

• when the offense is committed by a persons
  conduct or the conduct of another for which he is
  responsible.

169

• When a person offers, confers, agrees to confer
  any benefit on a public servant that he knows
  the public servant is prohibited for accepting,
  that person has committed what offense?

• 36.09. OFFERING GIFT TO PUBLIC SERVANT

170

• What is the exception listed under Arson?

• that the fire or explosion was part of controlled
  burn on open space land when the damaged or
  destroyed property is vegetation, fence, or
  structure

171

• DEFENSE TO PROSECUTION under Arson is what?

• building, habitation, or vehicle when in the
  limits of incorporated city or town the person
  obtained a permit authorizing the burn

172

• Arson is what Classification with no bodily
  injury?

• 2nd degree felony

173

• Under 19.04. MANSLAUGHTER, what is the culpable
  mental state?

• recklessness

174

• Tom and Butch get into a fight on the dike. Butch
  beats Tom up and then goes to bed, leaving Tom
  unconscious by the water, notes that the tide is
  coming in, but does not move Tom. Butch wakes up
  in the morning, but Tom does not. What offense
  has been committed?

• 19.02 MURDER intends SBI, and causes death

175

• Under a Criminal episode it is true that there
  can be any number of persons or property involved
  in the same transaction.

• True

176

• Any bodily movement, whether voluntary or
  involuntary to include speech defines what?

• An ACT

177

• Tom and Butch are both at the beach. Butch is
  cutting doughnuts in his fast truck. Tom is
  laying on the beach soaking up the sun. Butch
  sees the people in the area, but continues to
  drive erratically and runs over Tom and kills
  him. What offense has been committed?

• Under 19.04. MANSLAUGHTER

178

• Criminal episode means the commission of 2 or
  more offenses, regardless of number or persons or
  property and must be what?

• pursuant to the same criminal transaction or
  connected or constitute a common scheme or plan,
  repeated commission of the same offense or
  similar offense.

179

• All offenses arising out of a single criminal
  episode may be prosecuted how?

• under a single criminal action

180

• Under EVADING ARREST OR DETENTION, a 2nd degree
  Felony is committed when what happens?

• if another suffers death as a direct result of
  the officers attempted apprehension of the actor
  

181

• Tom and Butch were both at the beach. They are
  riding home on Butt's motorcycle and he is
  driving very fast, too fast. DPS enters into a
  pursuit of Butch and Tom on the bike and Butch
  looses it. Tom is killed, but Butch lives. What
  offense has been committed?

• Under 19.04. MANSLAUGHTER

182

• When a person recklessly caused death of a
  person, what offense has been committed?

• 19.04. MANSLAUGHTER

183

• When a person causes death of another by criminal
  negligence, what offense has been committed?

• 19.05 CRIMINALLY NEGLIGENT HOMICIDE

184

• What classification is the offense of 19.05
  CRIMINALLY NEGLIGENT HOMICIDE?

• State Jail Felony

185

• To Restrain a person is to.....

• to restrict a person's movements without consent,
  so as to INTERFERE SUBSTANTIALLY with his
  liberty, by MOVING him from one place to another
  or by confining him.

186

• Is there a DEFENSE TO PROSECUTION under sexual
  assault?

• Yes, that the penetration of the sexual organ or
  anus of the child of the child was for medical
  reasons and nothing more.and there is consent

187

• When is sexual assault is without the effective
  consent of the victim?

• Compels by physical force or violence
• threatening to use force or violence and there is
  belief by victim actor is capable to execute
  threat
• victim is unconscious or physically unable to
  resist and has not consented
• actor knows r mental disease or defect other is
  incapable of appraising the nature of the act

188

• When is sexual assault is without the effective
  consent of the victim?

• unaware that sexual assault is occurring
• actor intentionally impaired victim's power to
  appraise or control themselves by gibing any
  substance without victim's knowledge
• threat to use force or violence against any
  person and there is belief by victim actor is
  capable to execute

189

• When is sexual assault is without the effective
  consent of the victim?

• actor is public servant who coerces
• actor is a mental health service provider who
  causes the other person, a patient or former
  patient of the actor to submit or participate by
  exploiting the other persons emotional
  dependency on the actor
• actor is CLERGYMAN who causes the other person to
  submit or participate by exploiting the others
  emotional dependency on the actors professional
  character as spiritual advisor

190

• WHEN does a person commit an offense?

• when he voluntarily engages in conduct, act or
  omission or possession

191

• ACTOR'S INTEREST IN PROPERTY, is there a defense
  to prosecution when the property damaged is
  community property?

• It is no defense to prosecution under this
  chapter that the actor has an interest in the
  property damaged or destroyed if another person
  also has an interest that the actor is not
  entitled to infringe.

192

• 28.06 AMOUNT OF PECUNIARY LOSS, what determines
  the value of property when it is DESTROYED?

• fair market value at that time
• amount owed on the property at that time

193

• 1. DEBT... the amount due and collectible at
  maturity minus any part satisfied
• 2. OTHER THAN DEBT... greatest amount of economic
  loss that owner will suffer by virtue of
  document loss
• 3. WHEN AMOUNT OF LOSS cannot be ascertained,
  loss is deemed greater than 500 but less than
  1,500.00

• When property is DOCUMENTS, other than those of
  market value, value is set by what standards?

194

• When actor has interest in property, value is
  deducted in what manner?

• DESTROYED PROPERTY the amount of interest
• DAMAGED PROPERTY the amount of loss equal to
  the amount of ownership ratio

195

• Under INTERFERENCE WITH RAILROAD PROPERTY
  Railroad property is defined as

• train,_locomotive,_railroad car, caboose, work
  equipment, rolling stock, safety device, switch,
  or connection that is owned, leased, operated or
  possessed by a railroad or a railroad track,
  rail, bridge, trestle, or right-of-way owned or
  used by a railroad.

196

• A person commits what offense if he throws an
  object or discharges a firearm or weapon at a
  train or rail mounted work equipment?

• INTERFERENCE WITH RAILROAD PROPERTY

197

• What offense is committed when a person causes
  bodily injury to another the actor knows to be a
  public servant and is lawfully discharging an
  official duty or in retaliation of an exercise of
  official power or performance of an official duty
  as a public servant has?

• Assault, 3rd degree felony

198

• Jack is a punk. He is walking down the street and
  sees Tina, who is 13 years of age. He walks up to
  her and without saying a word grabs her by the
  breast and begins feeling it, then walks off.
  What offense and classification has been
  committed?

• Indecency with a child, 2nd degree

199

• Jack is a jerk. He is walking down the street and
  sees Tina, who is 18 years of age. He walks up to
  her and without saying a word grabs her by the
  breast and puts his hand between her legs, she
  struggles and falls down, he walks off. What
  offense and classification has been committed?

• Assault, Class A, bodily injury he caused
  recklessly

200

• Jack is a punk. He is walking down the street and
  sees Tina, who is 18 years of age. He walks up to
  her and without saying a word grabs her by the
  breast and begins feeling it, then walks off.
  What offense and classification has been
  committed?

• Assault, Class C, by physical contact

201

• Under 21.06. HOMOSEXUAL CONDUCT, where does the
  forbidden conduct take place?

• code is not specific

202

• Deviate sexual intercourse means

• oral sex penetration of genitals or anus with an
  object

203

• Jack is a punk. He is walking down the street and
  sees old Miss Amy. He ask her for money and she
  tells him that she has none. He tells her that
  he is going to kick her ass What offense and
  classification has been committed?

• Assault, Class C, by threat

204

• What is a charging instrument?

• The indictment or information used to formally
  charge a person with an offense

205

• What is defined by statute, municipal ordinance,
  order of county commissioners court or rule
  authorized and lawfully adopted?

• Conduct

206

• When is a person causes or aids an innocent
  person to act with the required culpability then
  that person is what?

• criminally responsible for the conduct of another

207

• When is POSSESSION a voluntary act?

• if the thing is possessed knowingly, the person
  is aware of his control over the thing and has
  sufficient time to permit termination of control.

208

• A LICENCES HOLDER commit an offense when he
  INTENTIONALLY CARRIES A HANDGUN ON OR ABOUT HIS
  PERSON AND INTENTIONALLY FAILS TO CONCEAL IT and
  that offense is Classified as a ???

• CLASS A MISDEMEANOR

209

• MUST the prosecuting attorney "negate" the
  exception to an offense in the charging
  instrument?

• yes, that the defendants conduct does not fall
  within the exception

210

• conduct occurs inside this state
• conduct outside constitutes attempt inside this
  state
• conduct outside constitutes conspiracy inside
  this state and an act occurs inside this state
• conduct inside this state constitutes attempt,
  solicitation or conspiracy to commit an act in
  another jurisdiction that is an offense here

• When would the state of Texas have jurisdiction
  over an offense?

211

• If the juvenile court DOES NOT waive jurisdiction
  and certify the individual for criminal
  prosecution, for what offenses can a person be
  prosecuted before reaching 17 years of age?

• perjury and aggravated perjury when there is
  understanding of the obligation motor vehicle
  code misdemeanors punishable by fine only except
  PI, violation of political ordinances

212

• If Bill wants his wife killed and contacts John
  and request that he do the deed, is Bill
  criminally responsible for Johns conduct?

• Yes, he has acted to promote the commission
  through solicitation, encouragement, direction,
  aid, or attempted aid

213

• Under EVADING ARREST OR DETENTION Prosecution may
  be under this section or another or both.

• True

214

• NO person may, in any case, be punished by DEATH
  for an offense committed while he was younger
  than what age?

• 17 years of age

215

• When a body is found in this State, what is
  presumed?

• That the death occurred here in this state

216

• Is it true that If death is the only reason for
  jurisdiction and the conduct that caused the
  death in not an offense in the jurisdiction where
  that conduct occurred, then it is a defense to
  the exercise of jurisdiction.

• True

217

• CLASSIFICATION OF OFFENSES are what?

• felonies and misdemeanors

218

• What level of proof is needed for each element to
  win conviction?

• PROOF BEYOND A REASONABLE DOUBT

219

• Under EVADING ARREST OR DETENTION, a 3rd degree
  Felony is committed when what happens?

• when another suffers serious bodily injury as
  direct result of attempted apprehension of the
  officer from whom the actor is fleeing and while
  in flight

220

• For a person to be charged with an Offenses based
  on OMISSION what conditions must be fulfilled?

• conduct must be defined as omission by a statute
  actor MUST have a statutory duty to act
• when offense is based on omission, jurisdiction
  is established in this state regardless of the
  actor's location

221

• Does the criminal code dispense with civil
  liability?

• NO

222

• What class of offense does not impose legal
  disability or disadvantage?

• Class C misdemeanor

223

• BODILY INJURY means what?

• physical pain, illness, or any impairment of
  physical condition

224

• Under EVADING ARREST OR DETENTION, a State Jail
  Felony is committed when what happens?

• when actor uses a vehicle in flight and has been
  previously convicted under this section

225

• 1.02 OBJECTIVES OF THE CODE what is the GENERAL
  PURPOSE OF THE CODE?

• establish system of prohibitions, penalties and
  correctional measures to deal with conduct that
  causes or threatens harm to individuals or
  interest for which protection by the state is
  appropriate. to ensure this purpose the state has
  established objectivesdeterrent influence of
  penalties

226

• how many classifications are there of felonies?

• capital, 1, 2, 3, state jail 5

227

• When is an OMISSION a "violation"?

• When the act of omission is defined as an offense
  and the actor has a duty to perform the act

228

• DEFINITION AND GRADING OF OFFENSES
• of violation giving fair warning of what is
  prohibited of and consequences
• PROPORTIONATE PENALTIES
• proportionate to seriousness of crime
  recognition of differences in rehabilitation
  possibili