Penal Code- Exam Solution Manual Solved 100%

Penal Code- Exam Solution Manual Solved 100% Which of the following may cause an offense of robbery to be upgraded to aggravated robbery? (8.7.2) a. threatens or places a 45 year old person in fear of immenent bodily injury or death b. causes bodily injury to another c. uses or exhibits a deadly weapon d. implies that a weapon is in his pocket of a jacket, but never exhibits the weapon e. both c & d - c. uses or exhibits a deadly weapon A man restricts his wife's movements without her consent by confining her in the bedroom; after a day passes he lets her go free. What crime, if any, did the man commit? (8.5.2) a. kidnapping b. unlawful restraint c. domestic violence d. no offense, because they are married - b. unlawful restraint What type of injury must occur to constitute an assault punishable as a class A misdemeanor? (8.5.4) a. Offensive contact b. Imminent bodily injury c. Bodily injury d. Serious bodily injury e. None of the above - c. Bodily injury A person does a drive by shooting, he should be charged with what? (8.5.4) a. reckless conduct b. deadly conduct c. criminal mischief d. unlawfully carrying a weapon - b. deadly conduct According to Sec. 32.31 of the Penal Code, a person commits the offense of __________________________ if, with intent to obtain a benefit fraudulently, he uses a credit card with knowledge that the card was not issued to him and he does not have the effective consent of the card owner to use the card. (8.7.5) a. Receiving Stolen Property b. Credit Card Abuse c. Forgery d. Credit Card Laundering - b. Credit Card Abuse Jesse James is arrested for shoplifting a leather coat from Dillards. He is stopped by the security people of the store and in his attempt to escape with the coat James stabs one of the security people causing serious bodily injury. The most serious offense James has committed is _______________. (8.7.2) a. Felony theft b. Reckless conduct c. Aggravated Robbery d. Robbery - c. Aggravated Robbery A person commits "Disorderly Conduct" if he intentionally or knowingly does which of the following? (8.9.1) a. Uses vulgar language, and the language by it's very utterance tends to incite an immediate breach of the peace. b. Makes an offensive gesture and the gesture or display tends to incite an immediate breach of the peace. c. Fights with another in a public place. d. Displays a firearm in a manner calculated to alarm. e. Any of the above are elements of disorderly conduct. - e. Any of the above are elements of disorderly conduct. Conduct merely affording a person the opportunity to commit an offense does not constitute entrapment. (8.2.3) True False - True According to the penal code statues, how many persons constitute a "riot"? (8.9.1) a. 4 b. 5 c. 6 d. 7 e. 8 - d. 7 If a man intentionally grabs a woman's breast (under the shirt) in a public place with the intent to gratify himself sexually he has committed the offense of: (8.5.3) a. Sexual assault b. Indecent exposure c. Assault by exposure d. Public lewdness - d. Public lewdness Which of the following offenses is punishable by the death penalty? (8.5.1) - a. While operating a motor vehicle under the influence of intoxicating substances, a person causes the death of another person. b. A person is negligent in operating a motor vehicle and as a result of this negligence causes the death of a person. c. A person intentionally kills another human being in the heat of sudden passion due to an adequate cause. *d. A person pays another person to kill a business partner. e. A person intentionally and knowingly helps a person commit suicide. According to the Penal Code, what is an affirmative defense to prosecution that the actor was compelled by threat of serious bodily injury to engage in the proscribed conduct? (8.2.3) - *a. Duress b. Insanity c. Mistake of fact d. Entrapment Is it a crime to walk across a railroad track at a point other than a roadway or pedestrian walkway? (8.7.1) - Yes Sexual assault is committed without consent of the person if...... (8.5.4) - a. the other person has not consented and the actor knows the other person is unconscious b. the other person has not consented and is unaware that the sexual assault is occuring c. the actor is a public servant who coerces the other person to submit or participate *d. any of the above are without consent Criminal Attempt occurs when a person, with specific intent to commit an offense, does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. An offense of Criminal Attempt is punishable by what offense punishment level? (8.4.1) - a. The same category of the offense attempted b. One category higher than the offense attempted *c. One category lower than the offense attempted d. Two categories lower than the offense attempted e. None of the above A person reaches through an open car window and takes a music CD worth $15. What offense has occurred? (8.7.3) - a. Theft $50 b. Theft from Vehicle c. Criminal Trespass - Vehicle *d. Burglary - Motor Vehicle e. None of the above John Wrong offers Jackie Wright $35.00 to engage in sexual conduct with him. John Wrong has committed the offense of _____________________________. (8.9.2) - a. Promotion of Prostitution *b. Prostitution c. Aggravated Promotion of Prostitution d. Compelling Prostitution A person is told that he is under arrest for an outstanding traffic warrant. When the police officer attempts secure the person using handcuffs, the person wrestles with the police officer and tells the officer he is not going to jail. What offense has occurred? (8.8.3) - a. Retaliation b. Obstruction *c. Resisting Arrest, Search, or Transport d. Evading Arrest or Detention e. None of the above If an individual can prove that he engaged in criminal conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another, which of the following defenses to prosecution for that