Texas Penal code Exam Questions and Answers 2024

What 3 elements would make robbery aggravated - Cause serious bodily injury, use or exhibits a deadly weapon, cause bodily injury to another person or place in fear of immenent bodily injury or death and the person is 65 years of age or older, or disabled What are two elements that make assault aggravated - Causes serious bodily injury to another including a spouse, uses or exhibits a deadly weapon during the commission of assault Assault would be a felony of the 3rd degree if? - Against a person known to be a public servant, or against a family member with a prior conviction, or choking A person commits if with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense - Criminal attempt What offense has occurred if a person Intentionally, knowingly, abducts another? What is the level is this offense - Kidnapping, 3F What 4 things that would make kidnapping aggravated, 2nd degree felony - Deadly weapon, Ransom, Hostage shield, Bodily injury With a child younger than 17, engages in sexual conduct with the child, or cause the child to engage in sexual conduct? What level of offense - Indecency with a child, 2F What are dome "general defenses" to criminal responsibility - Alcohol, Duress, Mistake of law, Mistake of facts, Insanity, age and mental defect Threatens another or property with violence, intent to cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies. Place any person in fear of imminent serious bodily injury. What is the level of this offense - Terroristic threat, B Misdemeanor Without effective consent of the owner, enters a habitation or bldg, not then open to the public with the intent to commit a felony, theft, or assault. What level of offense? - Burglary, SJF What does "entry" mean in terms of burglary - To intrude any part of the body, or physical object connected with the body According to Criminal trespass, what does "notice" mean - Oral or written communication by the owner, fencing or other enclosure designed to exclude intruders or contain livestock, sign or signs posted on property or at the entry of a bldg, placement of purple paint marks on property Intent that felony is committed agrees with one or more persons that they or one or more of them will engage in conduct that would constitute the offense, he or one or more of them performs an overt act in pursuance of the agreement, an agreement constituting a conspiracy was inferred from acts of the parties. What is the penalty level - Criminal Solicitation, 1 level below the most serious felony intended Under burglary one must enter with the intent to commit what three things - Felony, Assault, theft For the purpose of a soda machine what kind of entry is required - All types except effective consent of the owner How do we determine "value" under theft - Fair market value of property or service at the time and place, or cost of replacing the property within a reasonable time after If value of property cannot be determined - O/750 U/2500 What is the difference between theft and robbery - The threat or use of force Under Forgery, one must forge a so that it purports to be who did not authorize it. - Writing,another,authorize Under unlawful carrying of weapon a person must carry on or about his person what? - Firearm, club, location restricted knife To be a location-restrictive knife the blade must be over inches - 5.5 When would unlawful carrying of a weapon become a 3rd degree penalty? - On a licensed premises List the types of prohibited weapons? - Club, explosive weapon, firearm, fire arm silencer, location-restricted knife, machine gun, short barreled fire arm, armor piercing ammunition, hoax bomb A short barrel firearm means a rifle with a barrel length less than inches or a shotgun less than or any weapon made from a shotgun or refuel whose overall length is less than inches - 16,18,26 What are the penalties for possession of these prohibited weapons? - A misdemeanor, or 3F if on licensed premises A person who is DWI with a child passenger younger than 15 commits what offense? What level offense is this - DWI w/child passenger, SFJ A person who is DWi and causes serious bodily injury to another commits. What level offense is this - Intoxication assault, 3F A person who commits Arson if he starts a fire or causes an explosion with intent to damage or destroy what three things? - Bldg, motor vehicle, or Habitation How many constitute conspiracy Riot combination - 2,7,3 How do we punish inchoate offenses , parties and organized crime - 1 degree lower, the same, 1 degree higher 5 ways a person can become a "party" to a crime? - Solicits, encourages, directs, aids, attempt to aid the other person to commit the offense What is the pecuniary breakdown for the penalty for the offense of theft and criminal mischief - 0-100 C, o/100-u/750-B,O/-SJF,O/- F3,O/150000-U/300000-F2,O/300000-F1 What are the 4 elements of an offense? - Forbidden conduct,Required culpability, Required result, the negation of any exception When is an omission a criminal offense? - When the law provides that the omission is an offense, otherwise provides that he has a duty to perform the act The appropriation of property is unlawful if it is without the owners consent - Effective 3 types of burglary? - Bldg/habitation, vehicle, coin operated or collection machine What is the difference between Terroristic threat, and Assault by threat? - Terrorist threat-threatens serious bodily injury Bmisdemeanor, assault by threat-threatens bodily injury C misdemeanor Recklessly engages in conduct that places another in imminent danger of serious bodily injury knowingly discharges a firearm at or in the direction of one more individuals? level and degree? - Deadly conduct-A misdemeanor (recklessly) B misdemeanor (knowingly) Have custody or care, or control of a child younger than 15, Intentionally abandons child in any place under circumstances that expose the child to unreasonable risk of harm, Intentionally, Knowingly, Recklessly, or with criminal negligence engages in conduct that place a child younger than 15 in imminent danger of death, bodily injury, or physical/mental impairment? What level and degree - Abandoning or endangering a child, SJF A person is criminally responsible if the result would not have occurred for his own conduct is an example of - Causation or transferred intent What do we need to remember about entrapment? - Conduct merely affording the person to do the crime does not constitute entrapment We can never have a criminal attempt to an offense who mental state is less than ? - Intentional 4 types of criminal homicide - Murder, Manslaughter, Criminal Negligent Homicide, Capital Murder 4 ways murder can become capital - Murder of a peace officer, murder for remuneration, murder while escape from a penal institute, murder more than one person When would Aggravated Kidnapping be punished as a 2nd degree felony? - When kidnapper voluntarily releases victim in a safe place Knowingly engages in the following acts: in a public place or if the person reckless, about whether another person in present who will be offended, act of sexual intercourse, deviate sexual intercourse, sexual contact? Level and degree - Public lewdness, AM He ought to be aware of a substantial risk - Criminal negligence Who has the responsibility to prove a defense does not apply and by what level? - Prosecution, beyond a reasonable doubt Who has the responsibility to prove an affirmative defense, and by what level? - Defendant, the preponderance of evidence 4 Culpable Mental States - Knowingly, Intentionally, Recklessly, and criminal negligence Does proof of a higher culpability than that is charges constitute proof of the culpability charged? - Yes Causation is the link between the and the . - Act, Harmful results A person is criminally responsible as a to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both. - party What do we need to remember about insanity? - Repeated anti-social behavior is not insanity What do we need to remember about mistake of law? - Ignorance of the law is not an excuse after the law has taken effect What do you need to remember about intoxication? - Voluntary intoxication does not constitute a defense to the commission