PENAL CODE TEST
QUESTIONS AND ANSWERS GRADED A+
1. ACCOMPLICES TO OFFENSES
ANSWER> MAY BE CHARGED AND CONVICTED FOR THE SAME OFFENSE
2. WHICH ONE OF THE FOLLOWING DEFENSES IS NOT CONSIDERED TO BE A
VALID DEFENSE IN A CRIMINAL PROCEEDING?
ANSWER> INTOXICATION
3. 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
ANSWER> CRIMINAL CONSPIRACY
4. A PERSON MAY NOT BE PROSECUTED FOR OR CONVICTED OF AN OF-
FENSE (OTHER THAN PERJURY, AGGRAVATED PERJURY, OR TRAFFIC OF-
FENSES) THAT HE OR SHE COMMITTED WHEN
ANSWER> YOUNGER THAN SEVEN- TEEN UNLESS JUVENILE COURT WAIVES
JURISDICTION.
,5. A FELONY OF THE THIRD DEGREE IS PUNISHABLE BY
ANSWER> 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
6. WHICH ONE OFTHE FOLLOWING IS NOT AN ELEMENT OF PROOF FORTHE
OFFENSE OF MURDER?
ANSWER> CAUSING THE DEATH OF AN INDIVIDUAL WHILE DWI
7. IF A PERSON ABDUCTS ANOTHER WITH INTENTTO INTERFERE WITH THE
PERFORMANCE OF GOVERNMENT, IT IS
ANSWER> AGGRAVATED KIDNAPPING
8. ENGAGING IN AN ACT OF SEXUAL INTERCOURSE INA PUBLIC PLACE IS
ANSWER> PUBLIC LEWDNESS
9. WHICH OF THE FOLLOWING OFFENSES IS PUNISHABLE BY THE DEATH
PENALTY?
ANSWER> A PERSON PAYS ANOTHER PERSON TO KILL A BUSINESS PART- NER
10. WHICH OF TEH FOLLOWING IS NOT A VIOLATION OF THE TEXAS PENAL
CODE?
ANSWER> TWO PERSONS OF THE SAME SEX ARE SEEN KISSING ON THE MAIN STREET
OF THE CITY.
11. IN WHICH OF THE FOLLOWING CIRCUMSTANCES WOULD AN INDIVID- UAL
BE CHARGED WITH AGGRAVATED ASSAULT?
,ANSWER> THE ACTOR EXHIBITS A DEADLY WEAPON DURING THE COMMISSION
OF ASSAULT
12. WHEN AN ACTOR CAUSES THE PENETRATION OF THE ANUS OR FEMALE
SEXUAL ORGAN OF ANOTHER PERSON BY ANY MEANS WITHOUT THE PER-
SONS CONSENT, WHICH OFFENSE HAS BEEN COMMITTED IN THE SATE OF
TEXAS?
ANSWER> SEXUAL ASSAULT
13. WHENEVER A PERSON CAUSES A REACTION OF ANY TYPE BY THREAT-
ENING TO EXPLODE A BOMB, WHICH OF THE FOLLOWING OFFENSES HAS BEEN
COMMITTED IN THE SATE OF TEXAS?
ANSWER> TERRORISTIC THREAT
14. 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?
ANSWER> ARSON
15. WHAT IS THE PRIMARY DIFFERENCE BETWEEN ROBBERY ANDTHEFT?-
ANSWER> THE USE OR ATTEMPTED USE OF FORCE
16. WHAT TYPE OF ENTRY IS NECESSARY IN THE CRIME OF BURGLARY?-
ANSWER> THE INTRUSION OF ANY PART OF THE BODY OR ANY PHYSICAL OBJECT
ATTACHED TO THE BODY
, 17. WHAT CHARGES WOULD BE FILED ON A PERSON WHO TRIED TO POI- SON
ANOTHER WHO DID NOT DIE FOLLOWING THE ORDEAL?
ANSWER> ATTEMPTED MURDER
18. IF A DEFENDANT OR OTHER PERSON ATTEMPTS TO HARM OR THREAT- ENS
TO HARM ANOTHER ON ACCOUNT OF THE VICTIM'S SERVICE AS A WITNESS,
THE ACTOR CAN BE CHARGED WITH?
ANSWER> RETALIATION
19. WHAT ACTION CAN BE TAKEN WHEN A PEACE OFFICER LAWFULLY AR-
RESTS A PERSON AND REQUESTS INFORMATION ABOUTTHE INDIVIDUALS
NAME, DATE OF BIRTH, AND ADDRESS ANDTHE PERSON REFUSESTO GIVE THE
INFORMATION OR GIVES FALSE INFORMATION?
ANSWER> THE OFFICER CAN CHARGE THE INDIVIDUAL WITH "FAILURE TO
IDENTIFY AS A WITNESS" AND MAKE A WARRANTLESS ARREST.
20. A "PIMP" ARRESTED FOR MANAGING TWO PROSTITUTES IS CHARGED
WITH
ANSWER> AGGRAVATED PROMOTION OF PROSTITUTION
21. WHICH OF THE FOLLOWING GRADES OF PUNISHMENTS IS ASSIGNED TO
THE FOLLOWING
ANSWER> "A PERSON ADJUDGED GUILTY... SHALL BE PUN- ISHED BY
CONFINEMENT IN THE TEXAS DEPARTMENT OF CRIMINAL JUS- TICE 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."
QUESTIONS AND ANSWERS GRADED A+
1. ACCOMPLICES TO OFFENSES
ANSWER> MAY BE CHARGED AND CONVICTED FOR THE SAME OFFENSE
2. WHICH ONE OF THE FOLLOWING DEFENSES IS NOT CONSIDERED TO BE A
VALID DEFENSE IN A CRIMINAL PROCEEDING?
ANSWER> INTOXICATION
3. 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
ANSWER> CRIMINAL CONSPIRACY
4. A PERSON MAY NOT BE PROSECUTED FOR OR CONVICTED OF AN OF-
FENSE (OTHER THAN PERJURY, AGGRAVATED PERJURY, OR TRAFFIC OF-
FENSES) THAT HE OR SHE COMMITTED WHEN
ANSWER> YOUNGER THAN SEVEN- TEEN UNLESS JUVENILE COURT WAIVES
JURISDICTION.
,5. A FELONY OF THE THIRD DEGREE IS PUNISHABLE BY
ANSWER> 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
6. WHICH ONE OFTHE FOLLOWING IS NOT AN ELEMENT OF PROOF FORTHE
OFFENSE OF MURDER?
ANSWER> CAUSING THE DEATH OF AN INDIVIDUAL WHILE DWI
7. IF A PERSON ABDUCTS ANOTHER WITH INTENTTO INTERFERE WITH THE
PERFORMANCE OF GOVERNMENT, IT IS
ANSWER> AGGRAVATED KIDNAPPING
8. ENGAGING IN AN ACT OF SEXUAL INTERCOURSE INA PUBLIC PLACE IS
ANSWER> PUBLIC LEWDNESS
9. WHICH OF THE FOLLOWING OFFENSES IS PUNISHABLE BY THE DEATH
PENALTY?
ANSWER> A PERSON PAYS ANOTHER PERSON TO KILL A BUSINESS PART- NER
10. WHICH OF TEH FOLLOWING IS NOT A VIOLATION OF THE TEXAS PENAL
CODE?
ANSWER> TWO PERSONS OF THE SAME SEX ARE SEEN KISSING ON THE MAIN STREET
OF THE CITY.
11. IN WHICH OF THE FOLLOWING CIRCUMSTANCES WOULD AN INDIVID- UAL
BE CHARGED WITH AGGRAVATED ASSAULT?
,ANSWER> THE ACTOR EXHIBITS A DEADLY WEAPON DURING THE COMMISSION
OF ASSAULT
12. WHEN AN ACTOR CAUSES THE PENETRATION OF THE ANUS OR FEMALE
SEXUAL ORGAN OF ANOTHER PERSON BY ANY MEANS WITHOUT THE PER-
SONS CONSENT, WHICH OFFENSE HAS BEEN COMMITTED IN THE SATE OF
TEXAS?
ANSWER> SEXUAL ASSAULT
13. WHENEVER A PERSON CAUSES A REACTION OF ANY TYPE BY THREAT-
ENING TO EXPLODE A BOMB, WHICH OF THE FOLLOWING OFFENSES HAS BEEN
COMMITTED IN THE SATE OF TEXAS?
ANSWER> TERRORISTIC THREAT
14. 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?
ANSWER> ARSON
15. WHAT IS THE PRIMARY DIFFERENCE BETWEEN ROBBERY ANDTHEFT?-
ANSWER> THE USE OR ATTEMPTED USE OF FORCE
16. WHAT TYPE OF ENTRY IS NECESSARY IN THE CRIME OF BURGLARY?-
ANSWER> THE INTRUSION OF ANY PART OF THE BODY OR ANY PHYSICAL OBJECT
ATTACHED TO THE BODY
, 17. WHAT CHARGES WOULD BE FILED ON A PERSON WHO TRIED TO POI- SON
ANOTHER WHO DID NOT DIE FOLLOWING THE ORDEAL?
ANSWER> ATTEMPTED MURDER
18. IF A DEFENDANT OR OTHER PERSON ATTEMPTS TO HARM OR THREAT- ENS
TO HARM ANOTHER ON ACCOUNT OF THE VICTIM'S SERVICE AS A WITNESS,
THE ACTOR CAN BE CHARGED WITH?
ANSWER> RETALIATION
19. WHAT ACTION CAN BE TAKEN WHEN A PEACE OFFICER LAWFULLY AR-
RESTS A PERSON AND REQUESTS INFORMATION ABOUTTHE INDIVIDUALS
NAME, DATE OF BIRTH, AND ADDRESS ANDTHE PERSON REFUSESTO GIVE THE
INFORMATION OR GIVES FALSE INFORMATION?
ANSWER> THE OFFICER CAN CHARGE THE INDIVIDUAL WITH "FAILURE TO
IDENTIFY AS A WITNESS" AND MAKE A WARRANTLESS ARREST.
20. A "PIMP" ARRESTED FOR MANAGING TWO PROSTITUTES IS CHARGED
WITH
ANSWER> AGGRAVATED PROMOTION OF PROSTITUTION
21. WHICH OF THE FOLLOWING GRADES OF PUNISHMENTS IS ASSIGNED TO
THE FOLLOWING
ANSWER> "A PERSON ADJUDGED GUILTY... SHALL BE PUN- ISHED BY
CONFINEMENT IN THE TEXAS DEPARTMENT OF CRIMINAL JUS- TICE 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."
