TCOLE Penal Code Exam Questions and Verified Answers Graded A+ 2026/27
Purpose of Penal Code - -Establish system of prohibitions, penalties, and corrections
-Rehabilitation
-Recidivism - Repeating offenses
-Give fair warning and consequences
-prescribe proportional penalities
Territorial Jurisdiction - -if offense occurs in the state, we have jurisdiction
-Conducts outside of states constitutes an ATTEMPT or CONSPIRACY
Difference Between BI and SBI - BI - mild, non-life threatening injuries. Visible markings
SBI - Life threatening injuries, dismemberment
What is effective consent - Is giving someone authority to give consent
Elements of an offense lists: - 1) forbidden conduct
2) Required culpability (I/K/R/CN)
3) Any require result
4) Negation of an exception ("exempt")
Proof Beyond a Reasonable doubt ("percentage") - 95%
,Preponderance of evidence - greater than 51%
The lack of an EXCEPTION must be proven by ________. - Prosecuting attorney
The defense must prove to what level of doubt to be valid - Reasonable doubt, or above
"6%"
Affirmative defense must be proven to what level to be valid? - Preponderance of
evidence; greater than 51%
Presumption - Presumed. No need to prove. Short cut in the law
concurrently vs consecutively - together vs 1 after another
Culpability - -Voluntary act or omission required
-I/K/R/CN
+I: Objective or desire
+K: knows the consequence
+R: "hold my beer"
+CN: negligence
-Possession is voluntarily
,Parties to offense - -No "accessory to crime"
-if they contributed to the "bigger picture"
-No distinction between principle player and accomplance
Criminal responsibility for conduct of another - Example: sending someone that is not
mentally capable to conduct a crime. You will be charged for sending them out.
Insanity - An affirmative defense
Mistake of fact vs mistake of law - -Facts observed at the time of offense was misleading
-Orders/law were misinterpreted by the actor, and was lead astray. IGNORANCE is not an
excuse.
Intoxication - NOT a defense, BUT can lead to temporary insanity (IE Passion killing)
Duress - crime committed under threat of:
-SBI (Felony)
-BI (Non-Felony)
Entrapment - --LEADING or GUIDING someone to commit a crime
-Just merely affording someone an OPPORTUNITY to commit the offense is NOT entrapment.
, Age affecting criminal responsibility - -General: May not trial someone UNDER 15 as
adult for any offense
-Under 10: Cannot charge/prosecute...period
-17 & up - tried as adult: Civil is 18 and up
14,15,16 - refer to recommendations from juv. court if adult. Adult for 1° and controlled sub.
-10 to 16: Refer to juv. court. Can be adult for Cap. murder/murder
10 to 16 tried as adult if: (5) - -prejury/agg. prejury
-Ch 729 of Transportation code of MV
-City MV ordinance
-Class C
-City Penal Ordinances
Execution age limit - -No one under 18
-if cert. as adult = life imprisonment
Self defense is NOT justified when: - -response to verbal provocation alone
-To resist arrest/search by PO
-Actor consented to force ("hit me bro")
-unless actor withdraws
-unlawful force continues
-while armed
Purpose of Penal Code - -Establish system of prohibitions, penalties, and corrections
-Rehabilitation
-Recidivism - Repeating offenses
-Give fair warning and consequences
-prescribe proportional penalities
Territorial Jurisdiction - -if offense occurs in the state, we have jurisdiction
-Conducts outside of states constitutes an ATTEMPT or CONSPIRACY
Difference Between BI and SBI - BI - mild, non-life threatening injuries. Visible markings
SBI - Life threatening injuries, dismemberment
What is effective consent - Is giving someone authority to give consent
Elements of an offense lists: - 1) forbidden conduct
2) Required culpability (I/K/R/CN)
3) Any require result
4) Negation of an exception ("exempt")
Proof Beyond a Reasonable doubt ("percentage") - 95%
,Preponderance of evidence - greater than 51%
The lack of an EXCEPTION must be proven by ________. - Prosecuting attorney
The defense must prove to what level of doubt to be valid - Reasonable doubt, or above
"6%"
Affirmative defense must be proven to what level to be valid? - Preponderance of
evidence; greater than 51%
Presumption - Presumed. No need to prove. Short cut in the law
concurrently vs consecutively - together vs 1 after another
Culpability - -Voluntary act or omission required
-I/K/R/CN
+I: Objective or desire
+K: knows the consequence
+R: "hold my beer"
+CN: negligence
-Possession is voluntarily
,Parties to offense - -No "accessory to crime"
-if they contributed to the "bigger picture"
-No distinction between principle player and accomplance
Criminal responsibility for conduct of another - Example: sending someone that is not
mentally capable to conduct a crime. You will be charged for sending them out.
Insanity - An affirmative defense
Mistake of fact vs mistake of law - -Facts observed at the time of offense was misleading
-Orders/law were misinterpreted by the actor, and was lead astray. IGNORANCE is not an
excuse.
Intoxication - NOT a defense, BUT can lead to temporary insanity (IE Passion killing)
Duress - crime committed under threat of:
-SBI (Felony)
-BI (Non-Felony)
Entrapment - --LEADING or GUIDING someone to commit a crime
-Just merely affording someone an OPPORTUNITY to commit the offense is NOT entrapment.
, Age affecting criminal responsibility - -General: May not trial someone UNDER 15 as
adult for any offense
-Under 10: Cannot charge/prosecute...period
-17 & up - tried as adult: Civil is 18 and up
14,15,16 - refer to recommendations from juv. court if adult. Adult for 1° and controlled sub.
-10 to 16: Refer to juv. court. Can be adult for Cap. murder/murder
10 to 16 tried as adult if: (5) - -prejury/agg. prejury
-Ch 729 of Transportation code of MV
-City MV ordinance
-Class C
-City Penal Ordinances
Execution age limit - -No one under 18
-if cert. as adult = life imprisonment
Self defense is NOT justified when: - -response to verbal provocation alone
-To resist arrest/search by PO
-Actor consented to force ("hit me bro")
-unless actor withdraws
-unlawful force continues
-while armed
