1. Under the Texas Penal Code, what does 'culpable mental state' refer to?
A) The mental state required for criminal responsibility ✓
B) The physical act of committing a crime
C) The victim's state of mind
D) The judge's determination of guilt
2. Which section of the Texas Penal Code defines 'intentionally'?
A) Section 6.01
B) Section 6.03 ✓
C) Section 6.02
D) Section 7.01
3. A person acts INTENTIONALLY when it is their conscious objective or
desire to:
A) Cause harm to another
B) Engage in reckless behavior
C) Engage in the conduct or cause the result ✓
D) Ignore the risk of harm
4. A person acts KNOWINGLY when they are aware that their conduct:
A) Is reasonably certain to cause the result ✓
B) Could possibly cause harm
C) Is morally wrong
D) Violates a statute
5. A person acts RECKLESSLY when they:
A) Intend to cause harm
B) Consciously disregard a substantial and unjustifiable risk ✓
C) Are unaware of any risk
D) Act with criminal negligence
6. Criminal negligence under the Texas Penal Code means a person:
, A) Knowingly causes harm
B) Intentionally disregards risks
C) Acts recklessly toward others
D) Ought to be aware of a substantial and unjustifiable risk ✓
7. Which culpable mental state requires the LEAST degree of fault?
A) Intentionally
B) Knowingly
C) Criminal negligence ✓
D) Recklessly
8. Under TPC §6.02, if no culpable mental state is prescribed for an offense,
what mental state is required?
A) Criminal negligence
B) Intent, knowledge, or recklessness ✓
C) No mental state is required
D) Only recklessness
9. The Texas Penal Code is codified under which title of the Texas
statutes?
A) Title 3 of the Penal Code ✓
B) Title 5 of the Civil Code
C) Title 2 of the Criminal Code
D) Title 1 of the Health Code
10. Under TPC §1.07, 'person' includes:
A) Only human beings
B) Only corporations
C) Individual, corporation, or association ✓
D) Only government entities
11. Under TPC §2.01, a defendant is presumed:
A) Innocent until proven guilty beyond a reasonable doubt ✓
B) Guilty if charged
C) Guilty if arrested
D) Innocent only if they have an alibi
12. The burden of proof for the prosecution in a criminal case is:
A) Preponderance of the evidence
, B) Beyond a reasonable doubt ✓
C) Clear and convincing evidence
D) Probable cause
13. Under TPC §8.01, insanity is an affirmative defense if at the time of the
conduct the actor:
A) Was under the influence of a controlled substance
B) Did not know the victim
C) Did not know conduct was wrong due to severe mental disease ✓
D) Had diminished mental capacity
14. Under TPC §8.02, a mistake of fact is a defense if:
A) The actor was intoxicated
B) The mistake was reasonable to any person
C) The actor was a minor
D) It negates the culpable mental state required ✓
15. Voluntary intoxication under the Texas Penal Code:
A) Is not a defense to criminal responsibility ✓
B) Is a complete defense
C) Reduces a felony to a misdemeanor
D) Is an affirmative defense
16. Under TPC §9.31, force is justified in self-defense when:
A) The actor wants to retrieve stolen property
B) The actor reasonably believes force is immediately necessary ✓
C) The actor is angry
D) The victim provoked the actor first
17. Under TPC §9.32, deadly force in self-defense is justified only if:
A) The actor is threatened in any way
B) The actor has no other option
C) The actor reasonably believes deadly force is immediately necessary
✓
D) The actor is outnumbered
18. The 'Castle Doctrine' in Texas refers to:
A) The right to carry weapons in public
B) The right to use force anywhere
, C) Protection of public buildings
D) Presumption of reasonableness for using force to protect one's
habitation ✓
19. Under TPC §9.33, a person may use force to protect a THIRD PARTY
when:
A) They reasonably believe force is immediately necessary to protect the
third party ✓
B) They are related to the third party
C) They are a law enforcement officer
D) The third party requests assistance
20. Under TPC §9.41, force is justified to protect property:
A) Only if the property is worth more than $1,500
B) When the actor reasonably believes force is immediately necessary to
prevent theft or damage ✓
C) Only at night
D) Only if the property is real estate
21. Under TPC §9.42, deadly force to protect property is justified when:
A) Any property is threatened
B) The actor cannot afford to replace the property
C) Land or tangible movable property is being unlawfully taken at
nighttime and lesser force is inadequate ✓
D) The actor is a law enforcement officer
22. A law enforcement officer is justified in using deadly force under TPC
§9.51 when:
A) The suspect runs away
B) The officer is not in uniform
C) The officer suspects drug possession
D) The officer reasonably believes deadly force is necessary to prevent
escape of a fleeing felon who poses a threat ✓
23. Under TPC §9.21, public duty is a defense when:
A) The actor reasonably believed conduct was required by law ✓
B) The actor was a government employee
C) The actor was following orders
D) The conduct occurred during business hours
A) The mental state required for criminal responsibility ✓
B) The physical act of committing a crime
C) The victim's state of mind
D) The judge's determination of guilt
2. Which section of the Texas Penal Code defines 'intentionally'?
A) Section 6.01
B) Section 6.03 ✓
C) Section 6.02
D) Section 7.01
3. A person acts INTENTIONALLY when it is their conscious objective or
desire to:
A) Cause harm to another
B) Engage in reckless behavior
C) Engage in the conduct or cause the result ✓
D) Ignore the risk of harm
4. A person acts KNOWINGLY when they are aware that their conduct:
A) Is reasonably certain to cause the result ✓
B) Could possibly cause harm
C) Is morally wrong
D) Violates a statute
5. A person acts RECKLESSLY when they:
A) Intend to cause harm
B) Consciously disregard a substantial and unjustifiable risk ✓
C) Are unaware of any risk
D) Act with criminal negligence
6. Criminal negligence under the Texas Penal Code means a person:
, A) Knowingly causes harm
B) Intentionally disregards risks
C) Acts recklessly toward others
D) Ought to be aware of a substantial and unjustifiable risk ✓
7. Which culpable mental state requires the LEAST degree of fault?
A) Intentionally
B) Knowingly
C) Criminal negligence ✓
D) Recklessly
8. Under TPC §6.02, if no culpable mental state is prescribed for an offense,
what mental state is required?
A) Criminal negligence
B) Intent, knowledge, or recklessness ✓
C) No mental state is required
D) Only recklessness
9. The Texas Penal Code is codified under which title of the Texas
statutes?
A) Title 3 of the Penal Code ✓
B) Title 5 of the Civil Code
C) Title 2 of the Criminal Code
D) Title 1 of the Health Code
10. Under TPC §1.07, 'person' includes:
A) Only human beings
B) Only corporations
C) Individual, corporation, or association ✓
D) Only government entities
11. Under TPC §2.01, a defendant is presumed:
A) Innocent until proven guilty beyond a reasonable doubt ✓
B) Guilty if charged
C) Guilty if arrested
D) Innocent only if they have an alibi
12. The burden of proof for the prosecution in a criminal case is:
A) Preponderance of the evidence
, B) Beyond a reasonable doubt ✓
C) Clear and convincing evidence
D) Probable cause
13. Under TPC §8.01, insanity is an affirmative defense if at the time of the
conduct the actor:
A) Was under the influence of a controlled substance
B) Did not know the victim
C) Did not know conduct was wrong due to severe mental disease ✓
D) Had diminished mental capacity
14. Under TPC §8.02, a mistake of fact is a defense if:
A) The actor was intoxicated
B) The mistake was reasonable to any person
C) The actor was a minor
D) It negates the culpable mental state required ✓
15. Voluntary intoxication under the Texas Penal Code:
A) Is not a defense to criminal responsibility ✓
B) Is a complete defense
C) Reduces a felony to a misdemeanor
D) Is an affirmative defense
16. Under TPC §9.31, force is justified in self-defense when:
A) The actor wants to retrieve stolen property
B) The actor reasonably believes force is immediately necessary ✓
C) The actor is angry
D) The victim provoked the actor first
17. Under TPC §9.32, deadly force in self-defense is justified only if:
A) The actor is threatened in any way
B) The actor has no other option
C) The actor reasonably believes deadly force is immediately necessary
✓
D) The actor is outnumbered
18. The 'Castle Doctrine' in Texas refers to:
A) The right to carry weapons in public
B) The right to use force anywhere
, C) Protection of public buildings
D) Presumption of reasonableness for using force to protect one's
habitation ✓
19. Under TPC §9.33, a person may use force to protect a THIRD PARTY
when:
A) They reasonably believe force is immediately necessary to protect the
third party ✓
B) They are related to the third party
C) They are a law enforcement officer
D) The third party requests assistance
20. Under TPC §9.41, force is justified to protect property:
A) Only if the property is worth more than $1,500
B) When the actor reasonably believes force is immediately necessary to
prevent theft or damage ✓
C) Only at night
D) Only if the property is real estate
21. Under TPC §9.42, deadly force to protect property is justified when:
A) Any property is threatened
B) The actor cannot afford to replace the property
C) Land or tangible movable property is being unlawfully taken at
nighttime and lesser force is inadequate ✓
D) The actor is a law enforcement officer
22. A law enforcement officer is justified in using deadly force under TPC
§9.51 when:
A) The suspect runs away
B) The officer is not in uniform
C) The officer suspects drug possession
D) The officer reasonably believes deadly force is necessary to prevent
escape of a fleeing felon who poses a threat ✓
23. Under TPC §9.21, public duty is a defense when:
A) The actor reasonably believed conduct was required by law ✓
B) The actor was a government employee
C) The actor was following orders
D) The conduct occurred during business hours