Texas Penal Code Exam with Correct Answers

Territorial Jurisdiction - Conduct and Result that is an element of the offense occurs inside Texas. Physical pain, illness, or any impairment of physical condition." - Bodily Injury A firearm or anything manifestly designed, mad, or adapted for the purpose of inflicting death or serious bodily injury... - Deadly weapon "Consent is not effective if..." - Induced by threat, force or fraud Given by an intoxicated person Given by a person with mental disease or defect Element of offense means... - The forbidden conduct The required culpability Any required result Negotiation of any exception to the offense An offense so designated by law or punishable by death or confinement in the penitentiary. - Felony A human being who is alive including an unborn child at every state of gestation from fertilization until birth - Individual The actual care, custody or management - Possession "Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ." - Serious Bodily injury "An offense so designated by law or punishable by fine, by confinement in jail, or both." - Misdemeanor An act or omission and its accompany mental state; - Conduct What is the level of proof to convict a person of a criminal offense? - Beyond a reasonable doubt If the issue of the existence of an "affirmative defense" is submitted to the jury, the defendant must prove the affirmative defense? - By preponderance of the evidence "If the issue of the existence of an "affirmative defense" is submitted to the jury, the court shall charge that______ on the issue requires the defendant be acquitted. - Reasonable doubt Means assent in fact (To agree) - Consent A threat, however communicated A threat to inflict bodily injury in the future on the person threatened or another. A threat to harm a person's credit or business repute. A threat to take or withhold action as a public servant. - Coercion Proof Beyond a Reasonable Doubt - All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that person has been arrested. Confined or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at trial. Exception - A.) An exception to an offense is so labeled by the phrase; "It is an exception to the application of.." B.)The prosecuting attorney (state) must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception. Exception (Example) Defense - A.) A defense to prosecution for an offense is so labelled by the phrase: "It is a defense to prosecution..." B.) The prosecuting attorney (state) is not required to negate the existence of a defense in the accusation charging commission of the offense; (but may rebut/disprove defense beyond a reasonable doubt.)