TEXAS PENAL CODE EXAM / TEXAS PENAL CODE
ACTUAL EXAM LATEST COMPLETE EXAM QUESTIONS
AND CORRECT VERIFIED ANSWERS LATEST UPDATED
VERSION | GUARANTEED PASS A+
Objectives of Penal Code - ANSWER: - Insure public safety (deterrent influence of the
penalties, rehabilitation, and punishment)
- what is prohibited and consequences of violation
- prescribe penalties that are proportionate to the seriousness of offenses
- safeguard conduct
- guide and limit the exercise of official discretion in law enforcement to prevent
arbitrary or oppressive treatment of persons suspected, accused, or convicted of
offenses
- define the scope of state interest in law enforcement against specific offenses and
to systematize the exercise of state criminal jurisdiction
Effect of Penal Code - ANSWER: An offense by statute, municipal ordinance, or order.
Code does not bar a civil suit.
Territorial Jurisdiction - ANSWER: Conduct or a result; occurs inside this state,
conduct outside the state is an attempt to commit an offense inside this state, or the
conduct outside this state constitutes a conspiracy to commit an offense inside this
state, and act in furtherance of the conspiracy occurs inside this state. This state
includes the land and water and the air space above the land and water over which
this state has power to define offenses.
Computation of Age - ANSWER: A person attains age on his birthdate.
Act - ANSWER: A bodily movement, whether voluntary or involuntary, and includes
speech.
Actor - ANSWER: A person whose criminal responsibility is in issue in a criminal
action. Whenever the term "suspect" is used, it means "actor."
Bodily Injury - ANSWER: Physical pain, illness, or any impairment of physical
condition.
Coercion - ANSWER: A threat, however communicated:
- to commit an offense;
- to inflict bodily injury in the future on the person threatened or another;
- to accuse a person of any offense;
- to expose a person to hatred, contempt, or ridicule;
- to harm the credit or business repute of any person; or
- to take or withhold action as a public servant, or to cause a public servant to take
or withhold action.
,Conduct - ANSWER: An act or omission and its accompanying mental state.
Deadly Weapon - ANSWER: A firearm or anything manifestly designed, made, or
adapted for the purpose of inflicting death or serious bodily injury; or anything that
in the manner of its use or intended use is capable of causing death or serious bodily
injury.
Effective Consent - ANSWER: Includes consent by a person legally authorized to act
for the owner. Consent is not effective if:
- induced by force, threat, or fraud;
- given by a person the actor knows is not legally authorized to act for the owner;
- given by a person who by reason of youth, mental disease or defect, or intoxication
is known by the actor to be unable to make reasonable decisions; or
- given solely to detect the commission of an offense.
Element of Offense - ANSWER: - the forbidden conduct;
- the required culpability;
- any required result; and
- the negation of any exception to the offense.
Felony - ANSWER: An offense so designated by law or punishable by death or
confinement in a penitentiary.
Harm - ANSWER: Anything reasonably regarded as loss, disadvantage, or injury,
including harm to another person in whose welfare the person affected is interested.
Individual - ANSWER: A human being who is alive, including an unborn child at every
stage of gestation from fertilization until birth.
Misdemeanor - ANSWER: An offense so designated by law or punishable by fine, by
confinement in jail, or by both fine and confinement in jail.
Omission - ANSWER: Failure to act.
Possession - ANSWER: Actual care, custody, control, or management.
Public Place - ANSWER: Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways, and the
common areas of schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.
Public Servant - ANSWER: A person elected, selected, appointed, employed, or
otherwise designated as one of the following, even if he has not yet qualified for
office or assumed his duties:
- an officer, employee, or agent of government;
- a juror or grand juror; or
, - an arbitrator, referee, or other person who is authorized by law or private written
agreement to hear or determine a cause or controversy; or
- an attorney at law or notary public when participating in the performance of a
governmental function; or
- a candidate for nomination or election to public office; or
- a person who is performing a governmental function under a claim of right
although he is not legally qualified to do so.
Reasonable Belief - ANSWER: A belief that would be held by an ordinary and prudent
man in the same circumstances as the actor.
Serious Bodily Injury - ANSWER: Bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.
Death - ANSWER: An individual who is an unborn child, the failure to be born alive.
Proof Beyond a Reasonable Doubt - ANSWER: Persons are presumed to be innocent
and no person may be convicted of an offense unless each element of the offense is
proved beyond a reasonable doubt.
Exception - ANSWER: The prosecuting attorney must negate the existence of an
exception in the accusation charging commission of the offense and prove beyond a
reasonable doubt that the defendant or defendant's conduct does not fall within the
exception.
Defense - ANSWER: Has to prove it applies.
Affirmative Defense - ANSWER: Prosecution has to prove that the defense does not
apply.
Criminal Episode - ANSWER: The commission of two or more offenses, regardless of
whether the harm is directed toward or inflicted upon more than one person or item
of property, under the following circumstances:
- the offenses are committed pursuant to the same transaction or pursuant to two or
more transactions that are connected or constitute a common scheme or plan; or
- the offenses are the repeated commission of the same or similar offenses
Consolidation and Joinder of Prosecutions - ANSWER: State shall file written notice of
the action not less than 30 days prior to the trial. If a new trial ordered, the state
may not prosecute in a single criminal action in the new trial any offense not joined
in the former prosecution.
Sentences for Offenses Arising Out of Same Criminal Episode - ANSWER: Sentences
shall run concurrently or the sentences may run consecutively.
ACTUAL EXAM LATEST COMPLETE EXAM QUESTIONS
AND CORRECT VERIFIED ANSWERS LATEST UPDATED
VERSION | GUARANTEED PASS A+
Objectives of Penal Code - ANSWER: - Insure public safety (deterrent influence of the
penalties, rehabilitation, and punishment)
- what is prohibited and consequences of violation
- prescribe penalties that are proportionate to the seriousness of offenses
- safeguard conduct
- guide and limit the exercise of official discretion in law enforcement to prevent
arbitrary or oppressive treatment of persons suspected, accused, or convicted of
offenses
- define the scope of state interest in law enforcement against specific offenses and
to systematize the exercise of state criminal jurisdiction
Effect of Penal Code - ANSWER: An offense by statute, municipal ordinance, or order.
Code does not bar a civil suit.
Territorial Jurisdiction - ANSWER: Conduct or a result; occurs inside this state,
conduct outside the state is an attempt to commit an offense inside this state, or the
conduct outside this state constitutes a conspiracy to commit an offense inside this
state, and act in furtherance of the conspiracy occurs inside this state. This state
includes the land and water and the air space above the land and water over which
this state has power to define offenses.
Computation of Age - ANSWER: A person attains age on his birthdate.
Act - ANSWER: A bodily movement, whether voluntary or involuntary, and includes
speech.
Actor - ANSWER: A person whose criminal responsibility is in issue in a criminal
action. Whenever the term "suspect" is used, it means "actor."
Bodily Injury - ANSWER: Physical pain, illness, or any impairment of physical
condition.
Coercion - ANSWER: A threat, however communicated:
- to commit an offense;
- to inflict bodily injury in the future on the person threatened or another;
- to accuse a person of any offense;
- to expose a person to hatred, contempt, or ridicule;
- to harm the credit or business repute of any person; or
- to take or withhold action as a public servant, or to cause a public servant to take
or withhold action.
,Conduct - ANSWER: An act or omission and its accompanying mental state.
Deadly Weapon - ANSWER: A firearm or anything manifestly designed, made, or
adapted for the purpose of inflicting death or serious bodily injury; or anything that
in the manner of its use or intended use is capable of causing death or serious bodily
injury.
Effective Consent - ANSWER: Includes consent by a person legally authorized to act
for the owner. Consent is not effective if:
- induced by force, threat, or fraud;
- given by a person the actor knows is not legally authorized to act for the owner;
- given by a person who by reason of youth, mental disease or defect, or intoxication
is known by the actor to be unable to make reasonable decisions; or
- given solely to detect the commission of an offense.
Element of Offense - ANSWER: - the forbidden conduct;
- the required culpability;
- any required result; and
- the negation of any exception to the offense.
Felony - ANSWER: An offense so designated by law or punishable by death or
confinement in a penitentiary.
Harm - ANSWER: Anything reasonably regarded as loss, disadvantage, or injury,
including harm to another person in whose welfare the person affected is interested.
Individual - ANSWER: A human being who is alive, including an unborn child at every
stage of gestation from fertilization until birth.
Misdemeanor - ANSWER: An offense so designated by law or punishable by fine, by
confinement in jail, or by both fine and confinement in jail.
Omission - ANSWER: Failure to act.
Possession - ANSWER: Actual care, custody, control, or management.
Public Place - ANSWER: Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways, and the
common areas of schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.
Public Servant - ANSWER: A person elected, selected, appointed, employed, or
otherwise designated as one of the following, even if he has not yet qualified for
office or assumed his duties:
- an officer, employee, or agent of government;
- a juror or grand juror; or
, - an arbitrator, referee, or other person who is authorized by law or private written
agreement to hear or determine a cause or controversy; or
- an attorney at law or notary public when participating in the performance of a
governmental function; or
- a candidate for nomination or election to public office; or
- a person who is performing a governmental function under a claim of right
although he is not legally qualified to do so.
Reasonable Belief - ANSWER: A belief that would be held by an ordinary and prudent
man in the same circumstances as the actor.
Serious Bodily Injury - ANSWER: Bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.
Death - ANSWER: An individual who is an unborn child, the failure to be born alive.
Proof Beyond a Reasonable Doubt - ANSWER: Persons are presumed to be innocent
and no person may be convicted of an offense unless each element of the offense is
proved beyond a reasonable doubt.
Exception - ANSWER: The prosecuting attorney must negate the existence of an
exception in the accusation charging commission of the offense and prove beyond a
reasonable doubt that the defendant or defendant's conduct does not fall within the
exception.
Defense - ANSWER: Has to prove it applies.
Affirmative Defense - ANSWER: Prosecution has to prove that the defense does not
apply.
Criminal Episode - ANSWER: The commission of two or more offenses, regardless of
whether the harm is directed toward or inflicted upon more than one person or item
of property, under the following circumstances:
- the offenses are committed pursuant to the same transaction or pursuant to two or
more transactions that are connected or constitute a common scheme or plan; or
- the offenses are the repeated commission of the same or similar offenses
Consolidation and Joinder of Prosecutions - ANSWER: State shall file written notice of
the action not less than 30 days prior to the trial. If a new trial ordered, the state
may not prosecute in a single criminal action in the new trial any offense not joined
in the former prosecution.
Sentences for Offenses Arising Out of Same Criminal Episode - ANSWER: Sentences
shall run concurrently or the sentences may run consecutively.
