Penal Code Test Questions And Answers Verified Solution

PENAL CODE TEST QUESTIONS AND ANSWERS VERIFIED SOLUTION ACCOMPLICES TO OFFENSES - MAY BE CHARGED AND CONVICTED FOR THE SAME OFFENSE WHICH ONE OF THE FOLLOWING DEFENSES IS NOT CONSIDERED TO BE A VALID DEFENSE IN A CRIMINAL PROCEEDING? - INTOXICATION WHEN MR. "A" AGREES WITH ONE OR MORE PERSONS TO ENGAGE IN A FELONY OFFENSE AND ONE OF THEM CARRIES OUT THE OFFENSE, MR. "A" MAY BE CHARGED WITH: - CRIMINAL CONSPIRACY A PERSON MAY NOT BE PROSECUTED FOR OR CONVICTED OF AN OFFENSE (OTHER THAN PERJURY, AGGRAVATED PERJURY, OR TRAFFIC OFFENSES) THAT HE OR SHE COMMITTED WHEN: - YOUNGER THAN SEVENTEEN UNLESS JUVENILE COURT WAIVES JURISDICTION. A FELONY OF THE THIRD DEGREE IS PUNISHABLE BY: - CONFINEMENT BY THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE FOR NOT MORE THAN TEN YEARS NOR LES THAN TWO YEARS, AND MAY BE FINED NOT MORE THAN $10,000 WHICH ONE OF THE FOLLOWING IS NOT AN ELEMENT OF PROOF FOR THE OFFENSE OF MURDER? - CAUSING THE DEATH OF AN INDIVIDUAL WHILE DWI IF A PERSON ABDUCTS ANOTHER WITH INTENT TO INTERFERE WITH THE PERFORMANCE OF GOVERNMENT, IT IS: - AGGRAVATED KIDNAPPING ENGAGING IN AN ACT OF SEXUAL INTERCOURSE INA PUBLIC PLACE IS: - PUBLIC LEWDNESS WHICH OF THE FOLLOWING OFFENSES IS PUNISHABLE BY THE DEATH PENALTY? - A PERSON PAYS ANOTHER PERSON TO KILL A BUSINESS PARTNER WHICH OF TEH FOLLOWING IS NOT A VIOLATION OF THE TEXAS PENAL CODE? - TWO PERSONS OF THE SAME SEX ARE SEEN KISSING ON THE MAIN STREET OF THE CITY. IN WHICH OF THE FOLLOWING CIRCUMSTANCES WOULD AN INDIVIDUAL BE CHARGED WITH AGGRAVATED ASSAULT? - THE ACTOR EXHIBITS A DEADLY WEAPON DURING THE COMMISSION OF ASSAULT WHEN AN ACTOR CAUSES THE PENETRATION OF THE ANUS OR FEMALE SEXUAL ORGAN OF ANOTHER PERSON BY ANY MEANS WITHOUT THE PERSONS CONSENT, WHICH OFFENSE HAS BEEN COMMITTED IN THE SATE OF TEXAS? - SEXUAL ASSAULT WHENEVER A PERSON CAUSES A REACTION OF ANY TYPE BY THREATENING TO EXPLODE A BOMB, WHICH OF THE FOLLOWING OFFENSES HAS BEEN COMMITTED IN THE SATE OF TEXAS? - TERRORISTIC THREAT IF A PERSON CAUSES AN EXPLOSION WITH INTENT TO DAMAGE A VEHICLE TO COLLECT INSURANCE MONEY, WHICH OFFENSE HAS BEEN COMMITTED IN THE STATE OF TEXAS? - ARSON WHAT IS THE PRIMARY DIFFERENCE BETWEEN ROBBERY AND THEFT? - THE USE OR ATTEMPTED USE OF FORCE WHAT TYPE OF ENTRY IS NECESSARY IN THE CRIME OF BURGLARY? - THE INTRUSION OF ANY PART OF THE BODY OR ANY PHYSICAL OBJECT ATTACHED TO THE BODY WHAT CHARGES WOULD BE FILED ON A PERSON WHO TRIED TO POISON ANOTHER WHO DID NOT DIE FOLLOWING THE ORDEAL? - ATTEMPTED MURDER IF A DEFENDANT OR OTHER PERSON ATTEMPTS TO HARM OR THREATENS TO HARM ANOTHER ON ACCOUNT OF THE VICTIM'S SERVICE AS A WITNESS, THE ACTOR CAN BE CHARGED WITH? - RETALIATION WHAT ACTION CAN BE TAKEN WHEN A PEACE OFFICER LAWFULLY ARRESTS A PERSON AND REQUESTS INFORMATION ABOUT THE INDIVIDUALS NAME, DATE OF BIRTH, AND ADDRESS AND THE PERSON REFUSES TO GIVE THE INFORMATION OR GIVES FALSE INFORMATION? - THE OFFICER CAN CHARGE THE INDIVIDUAL WITH "FAILURE TO IDENTIFY AS A WITNESS" AND MAKE A WARRANTLESS ARREST. A "PIMP" ARRESTED FOR MANAGING TWO PROSTITUTES IS CHARGED WITH - AGGRAVATED PROMOTION OF PROSTITUTION WHICH OF THE FOLLOWING GRADES OF PUNISHMENTS IS ASSIGNED TO THE FOLLOWING: "A PERSON ADJUDGED GUILTY... SHALL BE PUNISHED BY CONFINEMENT IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE FOR ANY TERM OF NOT MORE THAN 20 YEARS OR LESS THAN 2 YEARS; IN ADDITION, THE PERSON MAY BE PUNISHED BY A FINE OF NOT TO EXCEED $10,000." - SECOND-DEGREE FELONY WHICH OF THE FOLLOWING IS THE MAIN DIFFERENCE BETWEEN RESISTING ARREST AND EVADING ARREST? - SUSPECT USES FORCE TO AVOID APPREHENSION IN RESISTING BUT MERELY RUNS AWAY IN EVADING A PERSON USES A HOSTAGE AS A SHIELD WHILE ESCAPING FROM A BURGLARY. WHICH OF THE FOLLOWING OFFENSES IS THE MOST SERIOUS OFFENSE FOR WHICH THE SUSPECT MAY BE CHARGED? - AGGRAVATED KIDNAPPING WHICH OF THE FOLLOWING MAY CAUSE AN OFFENSE OF ROBBERY TO BE UPGRADED TO AGGRAVATED ROBBERY? - USES OR EXHIBITS A DEADLY WEAPON WHAT TYPE OF ENTRY IS REQUIRED FOR "BURGLARY OF A VEHICLE"? - ANY PART OF THE BODY OR ANYTHING ATTACHED TO THE BODY REACHES INSIDE THE VEHICLE WHAT KIND OF ENTRY IS REQUIRED FOR CRIMINAL TRESPASS? - THE ENTIRE BODY IN EVERY CASE AN AFFIRMATIVE DEFENSE TO PROSECUTION: - EXCUSES CRIMINAL RESPONSIBILITY IF THE DEFENSE IS PROVEN BY PRE-PONDERENCE OF TEH EVIDENCE. WHICH OF THE FOLLOWING IS AN AFFIRMATIVE DEFENSE? - DURESS WHICH OF THE FOLLOWING IS A PROHIBITED WEAPON? - KNUCKLES WHAT DEGREE OF FORCE CAN BE USED TO PREVENT THE ESCAPE OF A PRISONER FROM A CORRECTIONAL FACILITY? - ANY FORCE, INCLUDING DEADLY FORCE, IMMEDIATELY NECESSARY TO PREVENT ESCAPE. UNDER THE STATUTES, AT LEAST HOW MANY PERSONS CONSTITUTE A "RIOT"? - 7 OR MORE SECTION 39.03, OFFICIAL OPPRESSION, OF TEH TEXAS PENAL CODE GOVERNS LAW THAT MAKES SEXUAL HARASSMENT A CLASS A MISDEMEANOR OFFENSE. WHICH OF THE FOLLOWING AGENCIES MAY BE INVOLVED IN SEXUAL HARASSMENT INVESTIGATIONS? - -FEDERAL GOVERNMENT UNDER USCA 1983-VIOLATION OF CIVIL RIGHTS -TEXAS COMMISSION ON HUMAN RIGHTS -EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) WHICH OF THE FOLLOWING SITUATIONS JUSTIFIES THE USE OF DEADLY FORCE TO PROTECT PROPERTY? - AN ACTOR IN THE IMMINENT COMMISSION OF THEFT DURING THE DAYTIME WHICH OF THE FOLLOWING CRIMES JUSTIFIES THE USE OF DEADLY FORCE TO PREVENT THE "IMMINENT COMMISSION" OF THE OFFENSE? - -THEFT DURING NIGHTTIME -CRIMINAL MISCHIEF DURING NIGHTTIME -ROBBERY -BURGLARY A PERSON WHO HAS CUSTODY, CARE, OR CONTROL OF A CHILD YOUNGER THAN "WHAT" YEARS COMMITS AN OFFENSE IF HE OR SHE INTENTIONALLY ABANDONS THE CHILD IN ANY PLACE UNDER CIRCUMSTANCES TAHT EXPOSE A CHILD TO AN UNREASONABLE RISK OF HARM. - FIFTEEN A PERSON COMMITS AN OFFENSE OF "INJURY" TO A CHILD, ELDERLY, OR "DISABLED PERSON" IF HE OR SHE INTENTIONALLY, KNOWINGLY, RECKLESSLY BY OMISSION, OR WITH CRIMINAL NEGLIGENCE ENGAGES IN CONDUCT THAT CAUSES "WHAT" TO A CHILD WHO IS FOURTEEN YEARS OF AGE OR YOUNGER, TO AN INDIVIDUAL SIXTY-FIVE YEARS OF AGE OR OLDER, OR TO A DISABLED INDIVIDUAL. - -SERIOUS BODILY INJURY -SERIOUS PHYSICAL IMPAIRMENT -DISFIGUREMENT OR DEFORMITY -BODILY INJURY SUSPECT A ENTERS A CONVENIENCE STORE, PUTS HIS HAND IN HIS POCKET AND POINTS A GUN AT THE CLERK THROUGH HIS JACKET WHILE DEMANDING "ALL THE MONEY IN THE CASH REGISTER." ALTHOUGH THE CLERK DID NOT SEE THE GUN, SHE HEARD SUSPECT A PULL BACK THE WEAPON'S HAMMER. THE CLERK PUTS THE MONEY INTO A SACK AND HANDS IT TO SUSPECT A, WHO RUNS OUT OF THE STORE. SUSPECT A IS CAUGHT AND CHARGED WITH: - ROBBERY A PERSON COMMITS AN OFFENSE OF ARSON IF HE OR SHE STARTS A FIRE OR CAUSES AN EXPLOSION, INTENDING, TO DESTROY OR DAMAGE ANY BUILDING, HABITATION, VEHICLE, VEGETATION - -INSIDE THE CITY LIMITS -INSURED AGAINST DAMAGE -LOCATED ON PROPERTY BELONGING TO ANOTHER -SUBJECT TO A MORTGAGE OR OTHER SECURITY INTEREST. UNDER WHICH OF THE FOLLOWING SITUATIONS IS A PEACE OFFICER NOT JUSTIFIED IN MAKING AN ARREST? - ARRESTING THE PERSON PROTECTED BY A COURT ORDER WHO INVITES THE PROHIBITED PERSON TO HER RESIDENCE IN VIOLATION OF THE PROTECTIVE ORDER. IN THE PUBLIC DRESSING ROOM OF A DEPARTMENT STORE, A SEVENTEEN-YEAR-OLD HIGH SHCOOL STUDENT PUTS ON A SWEATER UNDERNEATH HIS COAT AND WALKS OUT OF THE STORE WITHOUT PAYING FO THE SWEATER. - THEFT A PERSON OTHER THAN A RAILROAD EMPLOYEE COMMITS AN OFFENSE OF "INTERFERENCE WITH RAILROAD PROPERTY" IF HE OR SHE: - -KNOWINGLY ENTERS OR REMAINS ON RAILROAD PROPERTY -TAMPERS WITH RAILROAD PROPERTY -PLACES AN OBSTRUCTION ON A RAILROAD TRACK OR CAUSES A TRAIN TO DERAIL. A PERSON RENTS A LAWN MOWER FROM A RENTAL AGENCY FOR A PERIOD OF 30 DAYS. FORTY-FIVE DAYS LATER THE SUBJECT DOES NOT RETURN THE LAWN MOWER AS AGREED TO IN THE CONTRACT. WHAT OFFENS, IF ANY, DID THE SUBJECT COMMIT? - THEFT OF SERVICE UNAUTHORIZED USE OF A VEHICLE IS A STATE JAIL FELONY IF THE PERSON INTENTIONALLY OR KNOWINGLY OPERATED ANOTHER PERSON'S "WHAT" WITHOUT EFFECTIVE CONSENT. - -BOAT