Texas Penal Code practice exam, Traffic,TCOLE Review Questions and Answers 2023

Texas Penal Code practice exam, Traffic,TCOLE Review Questions and Answers 2023 A person commits which offense if he intentionally or knowingly abducts another person with intent to terrorize him. - aggravated kidnapping Texas has jurisdiction of an offense for a person's conduct of another if: - -conduct outside TX constitutes an attempt to commit an offense inside TX -conduct outside TX constitutes a conspiracy to commit an offense inside TX and an act in furtherance occurs in TX -conduct or result that is an element of the offense occurs inside TX Which offenses are punishable by the death penalty? - - a person while incarcerated in a penal institution, cases the death of an employee in the operation of the penal institution - a person causes the death of another for remuneration or promise of remuneration Jason abducts the son of the judge presiding over his brothers criminal case. Jason calls the judge and lets him hear his son crying and tells the judge "imagine what could happne if jerry jones (jason's brother) is convicted in your court". Jason then releases the son unharmed at a quick trip. which is the most serious offense? - Aggravated kidnapping Which of the following is NOT an object of the code? A. to insure public safety through deterrent influence of penalties B. to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction C. to protect the community from civil misconduct D. to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individuals or public interests. - C Computation of age is defines as: - person attains a specified age on the day of the anniversary of his birthdate An offense so designated by law or punishable by fine, by confinement in jail, or both defines? - Misddemeanor What describes a criminal episode? - -person may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode. -offenses committed pursuant to the same transaction or to two or more transactions that are connected or constitute a common scheme or plan -offenses are the repeated commission of the same or similar offenses Coercion is defined as a threat, however communicated: - -to harm the credit or business repute of any person -to take or withhold actin as a public servant -to expose a person to hatred, contempt, or ridicule If it shown on the trial of a state jail felony that the defendant used or exhibited a weapon during the commission of the offense, then on conviction he shall be punished by: - Felony of the 3rd degree Injury that creates a substantial risk of death; causes death, serious permanent disfigurement or long term loss or impairment of any body member or organ defines: - Serious bodily injury The prosecutor must prove which of the following beyond a reasonable doubt: - -culpable mental state -negation of exceptions -elements of the offense If a person is aware of the nature of his conduct or to circumstances surrounding his conduct that the circumstances exist, the person acts: - knowingly, or with knowledge Bodily movement, whether voluntary or involuntary, and includes speech defines? - Act It is an affirmative defense to prosecution that at the time of the conduct charged, the actor has a result of a severe mental defect, did not know that his conduct was wrong. This defines: - Insanity Robert, 18, asked Angela, 14 to his prom. While taking her home after the dance, eh and Angela engaged in sexual contact in the back of the limo. Angela's mother found out when she overheard Angela describing the evening in a phone conversation. Robert should be charged with: A. deviate sexual intercourse B. indecent exposure C. indecency with a child D. public lewdness - indecency with a child Which of the following are effects of the code? - -conduct is not an offense unless it is defined as an offense by statute -punishment affixed to an offense defined outside the penal code shall be applicable unless punishment is classified in accordance with the code - conduct does not constitute an offense unless defined by order of a county commissioner's court Michael convinces an 11 year old boy to dance naked for him but did not touch the boy. Michael should be charged with? - indecency with a child, 3rd degree felony Act or omission and its accompanying mental state defines? - conduct Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury defines? - Deadly weapon Which of the following statements are true regarding consolidation and joinder? - defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode Physical pain, illness or any impairment of the physical conditions defines? - bodily injury If a person acts with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result defines? - intentionally, or with intent If a person causes the death of another with criminal negligence, he should be charged with? - criminally negligent homicide, state jail felony If it shown on trial of a state jail felony that the defendant has 2 previous felony convictions, and the 2nd occurred after the 1st was final. The punishment upon conviction will be? - 2nd degree felony If a person with specific intent to commit an offense, does an act amounting to more than mere preparation but fails, he should be charged with? - criminal attempt A person manufactures a criminal instrument, with knowledge of its character and with intent to aid or permit another to use it in the commission of an offense, he should be charged with? - criminal instrument, state jail felony What is the appropriate punishment for killing a uniformed police officer in the line of duty? - Life in prison without parole or death If a person is aware of but consciously disregards a substantial and unjustifiable risk that circumstances exist or the result will occur, he acts? - recklessly, or is reckless If a person is induced by a law enforcement agent and not merely given an opportunity to commit the offense, he may claim which as a defense? - entrapment If it shown on trial of a 3rd degree felony that the defendant has previously been finally convicted of a felony other than a state jail, on conviction he shall be punished by? - 2nd degree felony If a defendant is convicted and receives a maximum sentence of 10 years confinement and $10,000 fine, he was convicted of a? - 3rd degree felony If a person with intent to commit a capital felony requests, commands, or attempts to induce another to engage in specified conduct, he should be charged with? - criminal solicitation Actual care, custody, control, or management defines? - Possession The culpable mental states from highest to lowest are? - intentionally, knowingly, recklessly, and criminal negligence If the concurrent cause alone is sufficient to produce the result and the conduct of the defendant alone is insufficient to produce the result, describes? - causation A person is criminally responsible for the conduct of another if? - -acting with required culpability of the offense, he causes or aids an innocent or non responsible person to engage in prohibited conduct -acting with intent to promote or assist in the commission of an offense, he solicits, encourages, directs, aids or attempts to aid another -having a legal duty to prevent the commission of an offense and with the intent to promote or assist in the commission of an offense, he fails to prevent the commission of the offense -in an attempt to carry out a conspiracy, another felony is committed by one of the conspirators A person holds a reasonable but mistaken belief about a fact, and that mistaken belief negates the culpability required for an offense describes? - mistake of fact If a person is engaged in a felony offense bc he was compelled to do so by threat of imminent death or serious bodily injury to himself or another, he may assert the defense of? - duress Semi-Trailer (box of the 18-wheeler) - A vehicle with or without motive power, other than a pole trailer designed to be drawn by a motor vehicle and to transport persons or property. 1948 - All motor vehicles ___________ or newer must have high beam indicator on dash. Red lights - If you're transporting a load that goes more than 4' past the rear of the vehicle, there must be ______________ marking the extremities of the load at night. 12" square - Regarding lighting equipment on projected loads, all other times there must be ______________ red flags marking the extremities. 4,500 - Trailers and semi-trailers are not required to have brakes or to be inspected if their gross weight is __________ or less. 200 feet - Vehicles need a horn that can be heard from at least __________ away. The horn can't make harsh or excessive noise. Muffler - A device that reduces noise using a series of chambers 48 hours - A motor vehicle is deemed abandoned when it has remained illegally on public property more than ________________ ? 1. Inoperable 2. More than 5 years old 3. Left unattended on public property more than 48 hours - A motor vehicle is considered abandoned if the vehicle is ________________ ? Drag Racing - The operation of two or more vehicle side by side, at accelerating speeds in a competitive attempt to outdistance the other is ___________________ ? Drizzle - Weather condition that contributes to the largest number of traffic accidents/crashes.... Entrances and Exits - No person shall drive a vehicle onto or off a limited-access highway except at established ______________ ? Failure to stop and give information - Traffic violation that requires a peace officer to take an arrested suspect immediately before a magistrate... 500 feet - A driver of a vehicle shall not follow a fire engine or ambulance within ______________ ? 500 feet - Headlamps must be dimmed for an oncoming vehicle within ______________ ? 4 - Vehicles may have no more than _____________ headlamps of 300 candlepower or shall be projected in the front. 4 - The maximum number of headlamps, passing lamps, fog lamps, and auxiliary driving lamps that may be mounted on a vehicle and lighted cannot exceed ___________ ? 54 inches; 24 inches - Headlamps shall be mounted not more than _________ and not less than _____ from the ground. - When visibility is less than 1,000 feet - During the nighttime - Headlamps are required to be turned on ______________ ? 500 feet - Headlamps must be dimmed when meeting a vehicle, head on, within __________ . 5 days - The "grace period" allowed a vehicle owner after his motor vehicle inspection sticker expires is __________ ? *Shall* be dismissed - When a person cited for "Failure to maintain proof of financial responsibility" produces in court, a valid liability insurance policy, or certificate of self-insurance, that was valid at the time of the citation, the citation ___________________ . Operator - A person who drives or is in actual physical control of a vehicle is considered the ________________ .