MPOETC ACT 120 CERTIFICATION
EXAM Actual Exam 2026/2027 2 Versions
Complete Questions and Verified Answers
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VERSION 1
SECTION 1: PENNSYLVANIA CRIMINAL LAW (Questions 1-20)
Q1 (Version 1): An officer responds to a domestic disturbance call. Upon arrival, the suspect
flees on foot. The officer pursues and eventually catches the suspect. During the pursuit, the
suspect threw away a small bag containing cocaine. Under Pennsylvania law, which crime has
the suspect MOST clearly committed in addition to possession of a controlled substance?
A. Fleeing or attempting to elude officer
B. Resisting arrest
C. Tampering with or fabricating physical evidence [CORRECT]
D. Obstructing administration of law
Rationale: Under 18 Pa.C.S. § 4910(1), a person commits tampering with physical evidence if,
believing that an official proceeding or investigation is pending or about to be instituted, they
destroy, conceal, or remove any record, document, or thing with the intent to impair its verity or
availability in such proceeding or investigation. Throwing away the cocaine during pursuit
demonstrates intent to conceal evidence (C). Fleeing or eluding (A) typically requires operation
of a motor vehicle under 75 Pa.C.S. § 3733. Resisting arrest (B) requires physical force against
the officer under 18 Pa.C.S. § 5104. Obstructing administration of law (D) is broader but less
specific than tampering.
Q2 (Version 1): An officer observes a suspect breaking into a neighbor's garage at 2:00 AM. The
suspect enters the garage but is apprehended before taking any property. Under Pennsylvania
law, what is the most appropriate charge?
A. Criminal trespass
B. Burglary [CORRECT]
C. Attempted theft
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D. Criminal mischief
Rationale: Under 18 Pa.C.S. § 3502(a), burglary is entering a building or occupied structure with
the intent to commit a crime therein, unless the premises are open to the public or the actor is
licensed to enter. The garage is an occupied structure (attached to dwelling), and breaking in at
night with intent to steal constitutes burglary (B), graded as a first-degree felony when the
building is adapted for overnight accommodation. Criminal trespass (A) lacks the intent element.
Attempted theft (C) is incomplete as the crime of burglary already covers the entry with intent.
Q3 (Version 1): During a traffic stop, an officer notices a strong odor of marijuana. The driver
admits to having a small amount for personal use and hands over 5 grams of cannabis. Under
current Pennsylvania law (post-medical marijuana legalization), what is the officer's BEST
course of action regarding criminal charges?
A. Arrest for misdemeanor possession of a small amount of marijuana
B. Issue a summary citation for possession of a small amount of marijuana [CORRECT]
C. Arrest for felony possession with intent to deliver
D. No violation if the driver claims medical use without card
Rationale: Under 35 P.S. § 780-113(a)(31), possession of a small amount of marijuana (30 grams
or less for cannabis, 8 grams or less of hashish) is a summary offense, not a misdemeanor (B).
The officer should issue a citation rather than arrest. Medical use requires a valid medical
marijuana ID card; mere claim without card (D) is insufficient. The quantity and circumstances
do not support intent to deliver (C).
Q4 (Version 1): An officer responds to a stabbing. The victim states the suspect became enraged
during an argument, pulled a knife, and stabbed the victim repeatedly while screaming "I'm
going to kill you." The victim survived. Under Pennsylvania law, what is the appropriate charge
for the suspect?
A. Attempted voluntary manslaughter
B. Aggravated assault
C. Attempted first-degree murder [CORRECT]
D. Attempted third-degree murder
Rationale: Attempted first-degree murder (C) requires specific intent to kill with premeditation
and deliberation. The suspect's statement "I'm going to kill you," combined with repeated
stabbing, demonstrates specific intent and deliberation. Under 18 Pa.C.S. § 2502(a), first-degree
murder is an intentional killing; the attempt carries the same mental state. Voluntary
manslaughter (A) requires heat of passion without time to cool, negated by deliberation.
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Aggravated assault (B) is a lesser included offense but not the most appropriate given the clear
intent to kill.
Q5 (Version 1): An officer investigates a theft report. The suspect used a stolen credit card to
purchase electronics worth $1,500. The suspect never possessed the physical card but obtained
the numbers through a phishing scheme. Under Pennsylvania law, what crime is MOST
applicable?
A. Theft by unlawful taking
B. Theft by deception
C. Access device fraud [CORRECT]
D. Receiving stolen property
Rationale: Under 18 Pa.C.S. § 4106, access device fraud involves using an access device (credit
card number) to obtain property knowing the device is counterfeit, altered, incomplete, or
belongs to another without consent (C). This specifically addresses the unauthorized use of card
numbers. Theft by deception (B) could apply but access device fraud is more specific to the
conduct. The suspect did not take the card itself (A) or receive stolen property (D).
Q6 (Version 1): An officer observes two individuals exchanging money for small bags of white
powder in a parking lot. As the officer approaches, both individuals flee. The officer apprehends
one suspect who possesses $500 in cash and 10 small bags of cocaine (total weight 3 grams).
What is the most appropriate charge regarding the drug offense?
A. Simple possession
B. Possession with intent to deliver [CORRECT]
C. Drug trafficking
D. Manufacturing a controlled substance
Rationale: Possession with intent to deliver (PWID) under 35 P.S. § 780-113(a)(30) may be
inferred from packaging (10 small bags), quantity, cash consistent with sales, and the observed
transaction (B). Simple possession (A) is inappropriate given the indicia of distribution.
Pennsylvania does not have a separate "drug trafficking" statute (C); trafficking conduct is
charged as PWID or possession with higher penalties for larger quantities.
Q7 (Version 1): During a robbery investigation, the victim identifies the suspect as someone who
threatened to "shoot him if he didn't hand over the cash register money." No weapon was actually
displayed. Under Pennsylvania law, what grading of robbery applies?
A. Robbery in the third degree
B. Robbery in the second degree
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C. Robbery in the first degree [CORRECT]
D. Theft by threat
Rationale: Under 18 Pa.C.S. § 3701(a)(1)(ii), robbery in the first degree (C) includes inflicting or
threatening to inflict serious bodily injury, or threatening to commit any felony of the first or
second degree. Threatening to shoot constitutes threatening serious bodily injury, making it first-
degree robbery regardless of whether a weapon was actually displayed. The threat of
death/serious bodily injury elevates it beyond second-degree (threat of immediate bodily injury)
or third-degree (force without injury).
Q8 (Version 1): An officer investigates a case where a suspect repeatedly follows a former
intimate partner, shows up uninvited at their workplace, sends threatening text messages daily,
and vandalized the victim's car. Under Pennsylvania law, what charge BEST encompasses this
pattern of conduct?
A. Harassment
B. Stalking [CORRECT]
C. Disorderly conduct
D. Terroristic threat
Rationale: Under 18 Pa.C.S. § 2709.1, stalking (B) involves engaging in a course of conduct
(repeated acts) directed at a specific person that would cause a reasonable person to fear bodily
injury or suffer substantial emotional distress. The pattern of following, unwanted appearances,
threats, and property damage constitutes a course of conduct. While harassment (A) applies to
individual acts, stalking addresses the pattern. Terroristic threat (D) requires threat to commit
violence with intent to terrorize, which is present but stalking more comprehensively covers the
ongoing conduct.
Q9 (Version 1): An officer responds to a fight in progress. Suspect A admits he approached
Suspect B with a metal pipe and swung at him, but missed. Suspect B then punched Suspect A in
self-defense. Under Pennsylvania law, what is Suspect A's most appropriate charge regarding the
attack on Suspect B?
A. Simple assault
B. Aggravated assault [CORRECT]
C. Attempted aggravated assault
D. Terroristic threat
Rationale: Under 18 Pa.C.S. § 2702(a)(1), aggravated assault includes attempting to cause
serious bodily injury (B). Using a deadly weapon (metal pipe) to strike at someone demonstrates