Texas Penal Code Test Review Exam with complete solutions

A person obtains a specified age on the day of the anniversary of their birthday? True or False True Voluntarily releasing a victim in a safe place is associated with the offense of kidnapping? True or False False (it is associated with the offense of aggravated kidnapping) Brainpower Read More Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:00 / 0:00 Full screen You can never have a criminal attempt to an offense who's culpable mental state is less than intentional? True or False True Serious Bodily injury means illness, pain or an impairment of physical condition? True or False False One of the objectives of the penal code is to assess such punishment as maybe necessary to prevent the likely reoccurrence of criminal behavior? True or False True Voluntary intoxication can be used to mitigate punishment in a criminal conviction? True or False True A person who admits to perform an act does not commit an offense unless a law provides that the omission is an offense and otherwise provides that he has the duty to perform the act? True or False True All persons are presumed to be innocent and no person may be convicted of any offense unless each element of an offense is proven by the preponderance of evidence? True or False False Aggravated assault and attempted murder are the same level offense? True or False True A person who was caught urinating in public where others complained. They are guilty of disorderly conduct? True or False True To make a writing so that it proports to be an act of another that did not authorize it are terms must associated with what offense? Forgery Ignorance of law is not a defense to prosecution are terms associated with what general defense of prosecution? Mistake of Law Being afforded the opportunity to commit a crime does not constitute a defense to prosecution, associated with what general defense? Entrapment Punishments for misdemeanors? Class A- 1 year in Jail, $4,000 Fine Class B- 180 days in Jail, $2,000 Fine Class C- $500 Fine Punishment for Felonies? Capital - Life without Parole or Death or Life if transferred from Juvenile Court 1st Degree - 5-99 or Life, fine $10,000 2nd Degree - 2-20, fine $10,000 3rd Degree - 2-10, fine $10,000 180 days to 2 yrs. in a SJ Facility, fine $10,000 Evaluation Ladder that list the grade of the offense? U/100 Class C O/100 U/750 Class B O/750 U/2,500 Class A O/2,500 U/30,000 SJF O/30,000 U/150,000 F-3 O/150,000 U/300,000 F-2 O/300,000 F-1 List the 4 types of criminal homicides? Capital Murder Murder Manslaughter Criminally negligent homicide A person commits what offense if he causes bodily injury to a person 14 yoa or under? Injury to a child, elderly or disabled person Unlawful carrying a weapon is concerned when carrying, on or about your person, what two things? Handgun Location Restricted Knife An offense under 46.02 Unlawful Carrying a Weapon is a Class A misdemeanor and/or Class C, in what case would UCW be punished as a felony of the 3rd degree? Taking it to a premises licensed to sell alcohol What is the punishment for an attempted conspiracy? You cannot have attempt to any inchoate offense List 4 of the 9 types of weapons? explosive weapon machine gun short-barrel firearm armor-piercing ammunition chemical dispensing device zip gun silencer tire deflation device improvised explosive device List 5 ways that a person may become party to an offense? Aids or causes non-responsible party to be a party Helps Solicits Encourages Directs or attempts to aid How are party's to an offense charged in Texas? Same as the actor to the offense How are inchoate or preparatory offenses charged in Texas? 1 degree lower How are organized crime offenses charged? 1 degree higher How do we determine a person's age? On the day of the anniversary of their birthday List 4 elements that would raise murder to capital? Peace Officer or firemen Child under 10 or Elderly Murder for Hire or Remuneration Murders a Judge or witness in retaliation murder while escaping prison intentional murder during a felony List 3 ways to commit an assault? Assault by threat Assault by contact Assault by bodily injury A person commits the offense if he intentionally abducts another person and then exhibits a deadly weapon during the commission of the offense? Aggravated kidnaping A child older then ten but younger than 15 is presumed incapable of committing an offense except for ? Juvenile curfew What are two elements that would make an assault become aggravated? Deadly weapon Serious bodily injury The actual, care, control or management of property? Possession He ought to have been aware of a substantial risk? criminal negligence He is aware that his conduct is reasonably certain to cause the result? Knowingly A conscious desire to engage in the conduct or cause the result? Intentionally Bodily injury that creates substantial risk of death or that causes death? Serious Bodily Injury It means a human being that has been born and is alive? Individual Human being who is alive including an unborn child at every stage of gestation from fertilization until birth? Individual He has intent to commit a 3g offense under 42.12 CCP and requests, commands or attempts to induce a minor to commit the offense? Criminal Solicitation of a Minor He has intent to commit capital or 1st degree felony and request commands or attempts to induce another party to be party? Criminal Solicitation