BPOC Penal Code UPDATED ACTUAL Questions and
CORRECT Answers
)
Driving While Intoxicated - PC 49.04 Elements of the Offense
-A person commits an offense if the person is intoxicated while operating a motor
vehicle in a public place.
Punishment
-Class B Misd with a minimum term of confinement of 72 hours.
-Class B Misd w/ 6 day minimum if: person operating the motor vehicle had an
open container of alcohol in the person's immediate possession,
-Class A Misd If: an analysis of a specimen of the person's blood, breath, or urine
showed an alcohol concentration level of 0.15 or more at the time the analysis was
performed,
Abandoning or Endangering Child - PC 22.041 Culpable Mental State(s)
-Intentionally, Knowingly, Recklessly, Criminal Negligence
Elements of the Offense
-Having care, custody and control of child younger than 15 y/o
-Intentionally abandons child in a place exposing them to unreasonable risk of
harm
-by act or omission engages in conduct endangering child under 15 y/o to
imminent danger of death, bodily injury, or physical mental impairment
-assumed that child is endangered if meth is involved
Punishment
-SJF if: intent to return child
-2F if: imminent danger of death, bodily injury, or physical or mental impairment to
child
-3F if: no intent to return child
, Murder - PC 19.02 o Mental States
-intentionally or knowingly causes the death of an individual;
o Elements of the Offense
-Cause SBI and commits an act clearly dangerous to human life that causes the
death of an individual; or
-Commits or attempts to commit a felony, other than manslaughter, and in the
course of and in furtherance of the commission or attempt, or in immediate flight
from the commission or attempt, he commits or attempts to commit an act clearly
dangerous to human life that causes the death of an individual.
o Punishment
-1st Degree Felony
Class A Misdemeanor o Fine not to exceed $4,000;
o Confinement in jail for a term not to exceed 1 year; or
o Both such fine and confinement
Aggravated Kidnapping - PC 20.04 o A person commits an offense if he INTENTIONALLY or KNOWINGLY ABDUCTS
another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or
commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
o Commits an offense if INTENTIONALLY or KNOWINGLY abducts another
person and uses or exhibits a deadly weapon during the commission of the
offense.
o 1st DEGREE FELONY
Objectives of Code - PC 1.02 o Establish prohibitions, penalties, correctional measures
o Deals w/ conduct that inexcusably causes or threatens harm
o SHALL be construed to; insure public safety, deterrent influence of penalties,
rehabilitate those convicted.
Effect of Code - PC 1.03 o Conduct does not constitute an offense unless it is defined as an offense,
municipal ordinance, county commissioners ct. order, or fully adopted &
authorized rule.
o Punishment affixed to an offense outside of this code SHALL be applicable
unless classified in accordance w/ this code.
o Penal code doesn't bar, suspend, or otherwise affect rights or liability damages.
(To be remedied or recovered in civil suit).
CORRECT Answers
)
Driving While Intoxicated - PC 49.04 Elements of the Offense
-A person commits an offense if the person is intoxicated while operating a motor
vehicle in a public place.
Punishment
-Class B Misd with a minimum term of confinement of 72 hours.
-Class B Misd w/ 6 day minimum if: person operating the motor vehicle had an
open container of alcohol in the person's immediate possession,
-Class A Misd If: an analysis of a specimen of the person's blood, breath, or urine
showed an alcohol concentration level of 0.15 or more at the time the analysis was
performed,
Abandoning or Endangering Child - PC 22.041 Culpable Mental State(s)
-Intentionally, Knowingly, Recklessly, Criminal Negligence
Elements of the Offense
-Having care, custody and control of child younger than 15 y/o
-Intentionally abandons child in a place exposing them to unreasonable risk of
harm
-by act or omission engages in conduct endangering child under 15 y/o to
imminent danger of death, bodily injury, or physical mental impairment
-assumed that child is endangered if meth is involved
Punishment
-SJF if: intent to return child
-2F if: imminent danger of death, bodily injury, or physical or mental impairment to
child
-3F if: no intent to return child
, Murder - PC 19.02 o Mental States
-intentionally or knowingly causes the death of an individual;
o Elements of the Offense
-Cause SBI and commits an act clearly dangerous to human life that causes the
death of an individual; or
-Commits or attempts to commit a felony, other than manslaughter, and in the
course of and in furtherance of the commission or attempt, or in immediate flight
from the commission or attempt, he commits or attempts to commit an act clearly
dangerous to human life that causes the death of an individual.
o Punishment
-1st Degree Felony
Class A Misdemeanor o Fine not to exceed $4,000;
o Confinement in jail for a term not to exceed 1 year; or
o Both such fine and confinement
Aggravated Kidnapping - PC 20.04 o A person commits an offense if he INTENTIONALLY or KNOWINGLY ABDUCTS
another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or
commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
o Commits an offense if INTENTIONALLY or KNOWINGLY abducts another
person and uses or exhibits a deadly weapon during the commission of the
offense.
o 1st DEGREE FELONY
Objectives of Code - PC 1.02 o Establish prohibitions, penalties, correctional measures
o Deals w/ conduct that inexcusably causes or threatens harm
o SHALL be construed to; insure public safety, deterrent influence of penalties,
rehabilitate those convicted.
Effect of Code - PC 1.03 o Conduct does not constitute an offense unless it is defined as an offense,
municipal ordinance, county commissioners ct. order, or fully adopted &
authorized rule.
o Punishment affixed to an offense outside of this code SHALL be applicable
unless classified in accordance w/ this code.
o Penal code doesn't bar, suspend, or otherwise affect rights or liability damages.
(To be remedied or recovered in civil suit).
