Texas Penal Code Exam Questions And Answers 100% Verified

Texas Penal Code Exam Questions And Answers 100% Verified List some of the objectives of the penal code as listed under §1.02 PC. - answer• insure public safety, • definition & grading of offenses, • prescribe penalties, • guide& limit discretion, • safeguard conduct, • define scope of state interest in law enforcement Conduct does not constitute an offense unless it is_______ by statute, municipal ordinance, order of a county commissioner's court, or rules authorized by and lawfully adopted under a statute. (§1.03 PC) - answer• defined as an offense Either the Conduct or the ________must occur in this State before Texas has Jurisdiction. - answer• result If a body is found in this state, where may it be presumed that the death occurred? (§1.04 PC) - answer• in the state, Texas What constitutes the State of Texas? - answer• the land, water and airspace above the land and water How do we determine a person's age? - answer• on the anniversary of his birth date ______: illness, pain or any impairment of physical condition. - answer• bodily injury ______: a threat however communicated to commit a crime, or a threat to inflict bodily injury in the future, - answer• coercion ______: Means, in part, anything in the manner of its use or intended use is capable of causing death or serious bodily injury. - answer• deadly weapon _____: A failure to act. - answer• omission _____: He ought to be aware of a substantial risk. - answer• criminal negligence _____: Means a human being who has been born and is alive including an unborn child at every stage of gestation - answer• individual ______: He is aware that his conduct is reasonable certain to cause the result. - answer• knowingly __ ____: Means an individual, corporation or association. - answer• person ______: He is aware of but consciously disregards a substantial risk. - answer• reckless ______ : A conscious desire to engage in the conduct or cause the result. - answer• intentionally ____ __: the repeated commission of the same or similar offense. - answer• criminal episode Reference the question above "What is its purpose?" - answer• allows one trial for all offenses committed during the episode What are the 4 elements of an offense? - answer•1 required culpability, • 2 forbidden conduct, • 3 any required result, • 4 negation of any exception . All persons are presumed to be ___________ and no person may be convicted of an offense unless each ____________ is proved _____________ §2.01 PC - answer• innocent, • element, • beyond a reasonable doubt A person commits an offense only if he ___________engages in conduct, including an act, an omission, or possession. §6.01 PC - answer• voluntarily When is an omission a criminal offense? §6.01 PC - answer• the law provides the omission is an offense or he has the duty to act Who has the responsible to prove a defense does not apply? By what level of proof? - answer• prosecution/ state By what level of proof? • beyond a reasonable doubt Who has the responsible to prove an Affirmative Defense? By what level of proof? - answer• defense. By what level of proof? • preponderance of the evidence What are the 4 culpable mental states? - answer• intentionally, • knowingly, • recklessly, • criminal negligence Does proof of a higher degree of culpability than that is charged constitute proof of the culpability charged? - answer• yes A person is criminally responsible if the