Final Exam/TCOLE Test Questions With Complete
Solutions
106.03 Sale to Minors Correct Answers A person commits an
offense if with criminal negligence he sells an alcoholic
beverage to a minor.
(b) A person who sells a minor an alcoholic beverage does not
commit an offense if the minor falsely represents himself to be
21 years old or older by displaying an apparently valid proof of
identification that contains a physical description and
photograph consistent with the minor's appearance, purports to
establish that the minor is 21 years of age or older, and was
issued by a governmental agency. The proof of identification
may include a driver's license or identification card issued by the
Department of Public Safety, a passport, or a military
identification card.
(c) An offense under this section is a Class A misdemeanor.
106.06 Purchasing Alcohol for a Minor; Furnishing Alcohol to a
Minor Correct Answers Class A Misdemeanor
15.04 Complaint Correct Answers The affidavit made before
the magistrate or district or county attorney is called a
"complaint" if it charges the commission of an offense.
15.05 Requisites of Complaint Correct Answers Must state
name, must show that the actor has committed a crime, must
state time and location of offense, and must be signed by affiant.
,17.15 Rules for fixing amount of bail Correct Answers "1. The
bail shall be sufficiently high to give reasonable assurance that
the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an
instrument of oppression.
3. The nature of the offense and the circumstances under which
it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be
taken upon this point.
5. The future safety of a victim of the alleged offense and the
community shall be considered."
17.20 Bail in misdemeanor Correct Answers Sheriff, peace
officer, jailer
May take defendant bail bond
17.292 Magistrate's order for emergency protection Correct
Answers involving family violence - emergency protection -
Magistrate's own order or request of: Victim, Guardian of
victim, Peace officer, Attorney representing the state,
Magistrate shall order if involving SBI to victim or use or
exhibiting deadly weapon during assault
19.05 Criminally Negligent Homicide Correct Answers State
Jail Felony
Criminally Negligent
Cause the death of an individual
28.03 Criminal Mischief Correct Answers Intentionally or
Knowingly Damages or destroys tangible property without the
,effective consent of the owner and causes pecuniary loss and
substantial inconvenience
Use theft ladder for Penalties
28.04 Reckless Damage or Destruction Correct Answers Class
C Misdemeanor
Without the effective consent of the owner, he recklessly
damages or destroys property of the owner
29.03 Aggravated Robbery Correct Answers First Degree
Felony
Intentionally, Knowingly, or Recklessly
In the course of committing theft with intent to obtain or
maintain control of property; causes SBI to another person, uses
or exhibits a deadly weapon
causes, threatens, or places in fear of imminent bodily injury or
death a person over 64 or disabled.
37.03 Aggravated Perjury Correct Answers Third Degree
Felony
Intentionally or Knowingly
With intent to deceive.
Make a false statement or swears to a materially false statement
previously made, when the law authorized or required the
statement to be made under oath; during or in connection with
an official proceeding, and with knowledge of the statement's
meaning.
, 38.02 Failure to Identify Correct Answers Class C
Misdemeanor
intentionally refuses to give his name, residence address or date
of birth to a peace officer who has lawfully arrested the person
and requested the information.
Class B Misdemeanor
intentionally gives a false name, residence address, or date of
birth to a PO that:
a) lawfully arrested the person;
b) Lawfully detained the person;
c) requested information from a person that the PO has good
cause to believe is a witness to a criminal offense
Move up one Penalty if the offense is fugitive
49.06 Boating While Intoxicated Correct Answers Class B
Misdemeanor
While intoxicated operates a watercraft
49.07 Intoxication Assault Correct Answers 2nd Degree
Felony
If the person, by accident or mistake:
(1) while operating an aircraft, watercraft, or amusement ride
while intoxicated, or while operating a motor vehicle in a public
place while intoxicated, by reason of that intoxication causes
serious bodily injury to another
A child may not be detained in a place of non secure custody for
how long? Correct Answers 6 hours
Solutions
106.03 Sale to Minors Correct Answers A person commits an
offense if with criminal negligence he sells an alcoholic
beverage to a minor.
(b) A person who sells a minor an alcoholic beverage does not
commit an offense if the minor falsely represents himself to be
21 years old or older by displaying an apparently valid proof of
identification that contains a physical description and
photograph consistent with the minor's appearance, purports to
establish that the minor is 21 years of age or older, and was
issued by a governmental agency. The proof of identification
may include a driver's license or identification card issued by the
Department of Public Safety, a passport, or a military
identification card.
(c) An offense under this section is a Class A misdemeanor.
106.06 Purchasing Alcohol for a Minor; Furnishing Alcohol to a
Minor Correct Answers Class A Misdemeanor
15.04 Complaint Correct Answers The affidavit made before
the magistrate or district or county attorney is called a
"complaint" if it charges the commission of an offense.
15.05 Requisites of Complaint Correct Answers Must state
name, must show that the actor has committed a crime, must
state time and location of offense, and must be signed by affiant.
,17.15 Rules for fixing amount of bail Correct Answers "1. The
bail shall be sufficiently high to give reasonable assurance that
the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an
instrument of oppression.
3. The nature of the offense and the circumstances under which
it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be
taken upon this point.
5. The future safety of a victim of the alleged offense and the
community shall be considered."
17.20 Bail in misdemeanor Correct Answers Sheriff, peace
officer, jailer
May take defendant bail bond
17.292 Magistrate's order for emergency protection Correct
Answers involving family violence - emergency protection -
Magistrate's own order or request of: Victim, Guardian of
victim, Peace officer, Attorney representing the state,
Magistrate shall order if involving SBI to victim or use or
exhibiting deadly weapon during assault
19.05 Criminally Negligent Homicide Correct Answers State
Jail Felony
Criminally Negligent
Cause the death of an individual
28.03 Criminal Mischief Correct Answers Intentionally or
Knowingly Damages or destroys tangible property without the
,effective consent of the owner and causes pecuniary loss and
substantial inconvenience
Use theft ladder for Penalties
28.04 Reckless Damage or Destruction Correct Answers Class
C Misdemeanor
Without the effective consent of the owner, he recklessly
damages or destroys property of the owner
29.03 Aggravated Robbery Correct Answers First Degree
Felony
Intentionally, Knowingly, or Recklessly
In the course of committing theft with intent to obtain or
maintain control of property; causes SBI to another person, uses
or exhibits a deadly weapon
causes, threatens, or places in fear of imminent bodily injury or
death a person over 64 or disabled.
37.03 Aggravated Perjury Correct Answers Third Degree
Felony
Intentionally or Knowingly
With intent to deceive.
Make a false statement or swears to a materially false statement
previously made, when the law authorized or required the
statement to be made under oath; during or in connection with
an official proceeding, and with knowledge of the statement's
meaning.
, 38.02 Failure to Identify Correct Answers Class C
Misdemeanor
intentionally refuses to give his name, residence address or date
of birth to a peace officer who has lawfully arrested the person
and requested the information.
Class B Misdemeanor
intentionally gives a false name, residence address, or date of
birth to a PO that:
a) lawfully arrested the person;
b) Lawfully detained the person;
c) requested information from a person that the PO has good
cause to believe is a witness to a criminal offense
Move up one Penalty if the offense is fugitive
49.06 Boating While Intoxicated Correct Answers Class B
Misdemeanor
While intoxicated operates a watercraft
49.07 Intoxication Assault Correct Answers 2nd Degree
Felony
If the person, by accident or mistake:
(1) while operating an aircraft, watercraft, or amusement ride
while intoxicated, or while operating a motor vehicle in a public
place while intoxicated, by reason of that intoxication causes
serious bodily injury to another
A child may not be detained in a place of non secure custody for
how long? Correct Answers 6 hours
