The Texas Penal Code Exam 2024

For the offense of burglary, entry means intrudes on the victim's property. a. the entire body b. half of the body c. none of the body d. any part of the body - any part of the body Which of the following is an element of arson? a. A person burns the boat belonging to another b. A person sets fire to a vehicle on his own property outside the city limits and no lien or assurance attaches to the vehicle c. A person uses a bomb and causes the explosion of a building in the city limits d. A person has a permit to burn in open land - A person uses a bomb and causes the explosion of a building in the city limits A thirteen-year-old boy consents to sexual intercourse with his twenty-year-old girlfriend. What offense, if any, can be charged in this case? a. Sexual assault b. Aggravated sexual assault c. Indecency with a child d. No offense because it was consented - Aggravated sexual assault A seventeen-year-old boy engages in consensual sexual intercourse with his thirteen-year-old girlfriend with the parents' consent. What charge, if any, might be filed? a. No charges because it was with parents' consent b. Sexual assault c. Aggravated sexual assault d. Criminal mischief - Aggravated sexual assault An officer attempts to serve Tom with a subpoena or citation and Bill interferes with the officer's duty. Bill can be charged with a. barratry b. interference with public duties c. hindering proceedings by public disorderly conduct d. hindering apprehension - interference with public duties What is the degree of proof required to convict a person of a criminal offense? a. Probable cause b. Clear and convincing evidence c. Beyond the shadow of a doubt d. Preponderance of evidence e. Beyond a reasonable doubt - Beyond a reasonable doubt Mike offers Randy $10,000 to kill a rich uncle. Randy tells a detective about the plot. Randy agrees to work with the detective, and a "sting" operation is set up with the cooperation of the uncle. Randy gives a picture of the contrived murder as proof of the event and asks Mike for his money. When the money is exchanged, Mike is arrested. What will Mike be charged with? a. Murder b. Capital murder c. Conspiracy to commit murder d. Solicitation of capital murder e. None of the above-there was no murder - Solicitation of capital murder According to the Penal Code, conduct merely affording a person an opportunity to commit an offense does not constitute a. mistake of fact b. mistake of law c. duress d. entrapment - entrapment Which of the following situations justifies the use of deadly force to protect property? a. An actor fleeing from an arson crime scene b. An actor in the imminent commission of theft during the nighttime c. An actor in the imminent commission of theft during the daytime d. An actor fleeing immediately after committing criminal mischief during the nighttime - An actor in the imminent commission of theft during the nighttime A person commits an offense if he or she engages in offenses. a. willingly b. consciously c. voluntarily d. knowingly - voluntarily A man enters a public establishment and pulls down his pants and exposes his anus to customers. He can be charged with a. public lewdness b. assault c. indecent exposure d. disorderly conduct e. no offense - disorderly conduct A person who engages in professional gambling ( operates gambling place, does bookmaking, is custodian of bets, sells chances on various games/participants, sets up or promotes any lottery) commits a. gambling b. communicating gambling information c. keeping a gambling place d. gambling promotion - gambling promotion Officers identify a witness at the scene of an offense who provides the officers with her correct name but gives the officer an incorrect address. She can be charged with a. no offense b. disorderly conduct c. failure to identify d. impeding an investigation e. perjury - failure to identify A person other than a railroad employee commits an offense of "interference with railroad property" if he or she a. knowingly enters or remains on railroad property b. tampers with railroad property c. places an obstruction on a railroad track or causes a train to derail d. All of the above can constitute a crime - All of the above can constitute a crime A person walks into a liquor store with a gun. With which offense may the person be charged? a. Unlawfully carrying of a weapon b. Possession of weapon where prohibited c. Possession of prohibited weapon d. None of the above - Unlawfully carrying of a weapon A person who has been temporarily detained be required to give identification even if the stop is lawful (PC 38.02) a. must b. shall c. cannot d. may - cannot A man is in his front yard burning a pile of leaves. He goes into his house to get a drink of water and watch TV. The fire spreads to his neighbor's home and burns up a car, causing $2,000 in damage. What offense has been committed? a. Deadly conduct b. Reckless damage c. Arson d. Criminal mischief - Arson occurs when a person intentionally or knowingly harms or threatens to harm another by an unlawful act, because the victim is a public servant, witness, prospective witness, informant, or person who reports a crime. a. Tampering with a witness b. Improper influence c. Coercion of public servant d. Retaliation - Retaliation According to the Penal Code, which of the following persons is NOT permitted to carry, on or about their person a handgun: a. a person on the person's own premises b. a person carrying large sums of money c. a person who is traveling d. a member of the armed forces in the actual discharge of officials duties - a person carrying large sums of money Someone breaks into an attached garage, then into a car and steals a $1,501 from the car. What is the highest offense that may be charged? a. Burglary b. Burglary of a motor vehicle c. Theft over $1,500 d. Criminal trespass - Burglary A drive-by shooting is a. reckless conduct b. deadly conduct c. criminal mischief d. unlawfully carrying a weapon - deadly conduct A person is in the process of robbing a store when a customer enters and is shot and killed by the person. According to the Penal Code, what is the most serious offense committed? a. Criminal negligent homicide b. Murder c. Manslaughter d. Capital murder - Capital murder A person enters a store that is not then open to the public and begins to stack items up that he wants to steal. A silent alarm alerts police, who catch the individual in the store. What can the man be charged with? a. Criminal trespass b. Theft c. Robbery d. Aggravated robbery e. Burglary - Burglary A person enters a vehicle and commits theft when the car is inside a garage attached to a home. The person commits a. burglary of vehicle b. theft c. robbery d. burglary - burglary Which one of the following is not an element of proof for the offense of murder? a. Intentionally or knowingly causing death of an individual b. Causing the death of an individual while engaged in a felony c. Causing the death of an individual while DWI d. Intending serious bodily injury but causing death - Causing the death of an individual while DWI A person set a fire in his back yard to burn off dead grass; the fire gets out of control and burns a neighbor's fence. The crime is a. criminal mischief b. reckless damage or destruction c. deadly conduct d. arson e. none of the above - arson A person intentionally or knowingly restrains another person. According to the Penal Code, the person has committed the offense of a. aggravated false imprisonment b. unlawful restraint c. kidnapping d. aggravated kidnapping - unlawful restraint A person may not be prosecuted for or convicted of an offense (other than perjury, aggravated perjury, or traffic offense) that he or she committed when a. younger than eighteen years of age b. younger than seventeen unless juvenile court waives jurisdiction c. younger than eighteen years of age unless juvenile court waives jurisdiction d. younger than fifteen years of age unless juvenile court waives jurisdiction - younger than fifteen years of age unless juvenile court waives jurisdiction According to the Penal Code, a person is criminally responsible as a party to an offense if the offense is a. committed by his own conduct b. committed under duress c. committed intentionally d. committed recklessly - committed by his own conduct A person knowingly causes serious bodily injury to another in the course of committing theft. According to Penal Code, what is the most serious offense committed? a. Burglary b. Robbery c. Aggravated theft d. Aggravated robbery - Aggravated robbery A person, not the operator, knowingly possesses an open container (of alcohol) in a passenger area of a motor vehicle that is located on a public highway. According to the Penal Code, the person has committed the offense of a. public intoxication b. possession of alcoholic beverage in motor vehicle c. driving while intoxicated d. No offense has been committed - possession of alcoholic beverage in motor vehicle - Sec 49.031 A person who has custody, care, or control of a child younger than years commits an offense if she or she intentionally abandons the child in any place under circumstances that expose a child to an unreasonable risk of harm. a. ten b. thirteen c. fourteen d. fifteen - fifteen sec. 22.041 A police sergeant makes sexual advances toward a female. The sergeant committed a. sexual harassment b. official misconduct c. official oppression d. disorderly conduct - official oppression According to the Penal Code, in the case of an "exception to an offense," the burden of proof lies with the a. defense attorney b. grand jury c. prosecuting attorney d. plaintiff - prosecuting attorney Which of the following offenses is punishable by the death penalty? a. While operating a motor vehicle under the influence of intoxicating substances, a person causes the death of another person. b. A person is negligent in operating a motor vehicle and as a result of this negligence causes the death of an individual c. A person intentionally kills another human being in the heat of sudden passion due to an adequate cause d. A person pays another person to kill a business partner e. None of the above responds to the question - A person pays another person to kill a business partner A person rents a lawn mower from a rental agency for a period of 30 days. Forty- five days later the subjects does not return the lawn mower as agreed in the contract. What offense, if any, did the subject commit? a. Burglary b. Theft c. Theft of service d. No offense because there was a rental contract - Theft A man enters a department store just before closing and hides in a restroom and waits until all persons have left the store for the night. Once he is alone, the man goes to the jewelry counter and begins to gather all the jewelry in a sack. Opening the jewelry counter sets off a silent alarm and the man is caught in the store with the jewelry on his person. He will be charged with a. criminal trespass b. theft c. burglary d. robbery - burglary While taking a purse from a 66-year old victim, the actor knocks the woman down, causing her to receive a bruised elbow. He committed a. felony theft b. burglary c. robbery d. aggravated robbery e. none of the above - aggravated robbery Jurisdiction in animal cruelty cases is processed under the a. Code of Criminal Procedure b. Government Code c. Health and Safety Code d. Transportation Code e. Education Code - Health and Safety Code Sexual harassment by a public official is the criminal offense of a. official oppression b. harassment c. sexual assault d. official misconduct - official oppression A person detonates a bomb recklessly without consent and with intent to destroy a building of another. The person committed a. deadly conduct b. criminal mischief c. unlawfully carrying a weapon d. arson - arson A person who, in the course of committing theft, intentionally, knowingly, or recklessly causes bodily injury to another, or places another in fear of imminent bodily injury or death, has committed what offense? a. Assault b. Robbery c. Aggravated robbery d. Manslaughter - Robbery Sec. 29.02 A witness to an offense refuses to give her name to an investigating officer. The lady a. may not be charged with a criminal offense b. has committed a civil but not criminal offense c. can be arrested for "failure to identify" d. need not identify herself to the officer - can be arrested for "failure to identify" Sec. 38.02 A person invests money in a known house of prostitution. The person committed a. promotion of prostitution b. aggravated promotion of prostitution c. compelling prostitution d. prostitution - aggravated promotion of prostitution Sec. 43.04 An actor threatens sex with a child in the family and the mother submits to sexual intercourse because of threat. The actor has committed a(n) a. aggravated sexual assault b. assault c. aggravated assault d. sexual assault - sexual assault Sec. 22.011 A person engaged in sexual contact with a child younger than 17 years of age, who is not their spouse, and is more than 3 years older than the child. According to the Penal Code, the person has committed the offense of . a. indecent exposure b. sexual assault c. aggravated sexual assault d. indecency with a child - indecency with a child When is a person responsible for the conduct of another person? a. When the person observes the other commit a crime b. When the person is criminally responsible for the conduct of another c. Under no circumstances d. Only if the other person is a juvenile - When the person is criminally responsible for the conduct of another Sec. 7.02 In the course of committing theft, an actor threatens to kill the victim if she does not " hand the purse." The victim gives the purse to the actor who flees but is later taken into custody by a peace officer. The actor can be charged with a. robbery b. aggravated robbery c. aggravated assault d. assault - robbery Sec. 29.02 In the course of attempting to capture an armed robber, an officer draws her duty weapon when the robber exits a convenience store. The armed robber points a handgun in the officer's direction and fires one round. Although there are many people on the sidewalk behind the robber, the officer returns fire, wounding the robber; however, an errant round kills an innocent person behind the robber. Internal affairs decides that the officer acted recklessly when she fire her duty weapon. What offense, if any, did the officer commit? a. No offense because she acted in the line of duty and defended herself b. Murder c. Criminally negligent homicide d. Manslaughter e. Capital murder - Manslaughter Sec. 19.04 Which of the following factors most generally contributes to the mental and emotional injury to a child and is punishable under P.C. 22.04 a. Punishment b. Act of abuse c. Omission or neglect d. Spanking - Omission or neglect Sec. 22.04 An individual uses a copy machine to duplicate various denominations of money to use in making purchases. What offense, in any, was committed? a. No offense b. Forgery or counterfeiting c. Theft of service d. Conspiracy to commit theft - Forgery or counterfeiting Sec. 32.21 Which of the following does not constitute an element of the crime or punishment for aggravated kidnapping? a. The person kidnapped is three years b. The victim is used as shield c. The victim is held for ransom d. The actor releases the victim in a safe place - The person kidnapped is three years Sec. 20.04 A person intentionally kills another; she has committed the offense of a. manslaughter b. capital murder c. criminally negligent homicide d. murder - murder Sec. 19.02 A person commits the offense of if, during a period that is 12 months or less in duration, the person two or more times causes bodily injury to a person or persons whose relationship to or association with the defendant is a family member (25.11) a. aggravated assault b. assault c. family violence d. sexual assault e. continuous violence against the family - continuous violence against the family Sec. 25.11 What crime, if any, is committed when a person cause the telephone of another to repeatedly ring, makes repeated phone calls, or makes repeated phone calls, or makes a telephone call and intentionally fails to hang up or disengage the connection? a. No offense-this is a matter to be handled by the phone company b. Disorderly conduct c. Harassment d. False alarm or report e. Stalking - Harassment Sec. 42.062 A man restricts his wife's movements without her consent by confining her in their bedroom; after a day passes he lets her go free. What crime, if any, did the man commit? a. Kidnapping b. Unlawful restraint c. Domestic violence d. No offense because they are married - Unlawful restraint Sec. 20.02 A person retains a child younger than 18, knowing this violates the express terms of a judgment. According to the Penal Code, what offense has been committed? a. Interference with child custody b. Harboring runaway child c. Agreement to abduct from custody d. Enticing a child - Interference with child custody Sec. 25.03 A person assaults a peace officer because the officer filed charges against the individual. The person has committed a. assault b. criminal mischief c. retaliation d. aggravated assault e. no offense if the charges are found to be unfounded - aggravated assault Sec. 22.02 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 a. burglary b. robbery c. aggravated robbery d. deadly assault - robbery Sec. 29.02 Which of the following is not a type of weapon that is defined in the statute governing Unlawfully Carrying a Weapon (UCW)? a. Handgun b. Shotgun c. Poniard d. Spear - Shotgun Sec. 46.02 A means 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 if (a) 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 (b) the offenses are the repeated commission of the same or similar offenses (3.01). a. severance b. criminal episode c. combination d. riot e. conspiracy - criminal episode Sec. 3.01 A person is asked to leave property that he does not have the right to occupy. The person refuses after receiving notice that his presence is no longer legal. He committed a. burglary b. criminal trespass c. disorderly conduct d. violation of verbal order - criminal trespass Sec. 30.05 A man with a knife is standing 75 feet away from another man that is getting into a vehicle. The man with the knife is screaming that he is going to kill the other. The driver gets into his vehicle, drives over to the man with the knife, and shoots the man with the knife; the victim of the shooting dies. What offense, in any, was committed? a. None-this was self-defense b. Murder c. Manslaughter d. Criminally negligent homicide e. Vehicular manslaughter - Murder Sec. 19.02 A person intentionally damages property of another without effective consent. The person committed a. disorderly conduct b. criminal mischief c. reckless conduct d. delinquent behavior - criminal mischief Sec. 28.03 A person is in possession of a burning tobacco product in an elevator. According to the Penal Code, what offense has been committed? a. No offense b. Smoking tobacco c. Disorderly conduct d. Criminal mischief - Smoking tobacco Sec. 48.01 One of objective of the Penal code is to a. adopt measures for preventing the commission of a crime b. define the scope of law enforcement actions in enforcing laws and to synthesize the exercise of state criminal jurisdiction c. exclude the offender from all hope of escape d. ensure a trial with as little delay as possible consistent with justice e. ensure certain execution of the sentence of law when declared - define the scope of law enforcement actions in enforcing laws and to synthesize the exercise Sec. 1.02 An affirmative defense to prosecution a. excuses criminal responsibility if the defense is proven to exist beyond a reasonable doubt b. establishes no defense for the accused in a criminal action c. creates a doubt criminal intent d. excuses criminal responsibility if the defense is proven by a preponderance of the evidence e. none of the above - excuses criminal responsibility if the defense is proven by a preponderance of the evidence Sec. 2.04 A person commits if he or she intentionally or knowingly causes death of a pregnant woman. a. murder b. capital murder c. manslaughter d. criminally negligent homicide e. no offense - capital murder Sec. 19.03 The offense of deadly conduct if he or she recklessly engages in conduct that places another in imminent danger of a. serious bodily injury b. bodily injury c. death d. kidnapping - serious bodily injury What is the minimum number of people who are part of a "combination" required to participate in organized criminal activity? a. 2 b. 3 c. 4 d. 5 e. 7 - 3 No person may be convicted of an offense unless each element of the offense is proved a. beyond a reasonable doubt b. beyond the shadow of a doubt c. by a preponderance of the evidence d. to the level of probable cause e. None of the above is correct - beyond a reasonable doubt A person is a public tavern screams obscenities at patrons in the bar; the patrons are obviously upset. The person committed a. disorderly conduct b. deadly conduct c. criminal mischief d. indecent exposure - disorderly conduct A man enters his next door neighbor's unfenced yard and kills his neighbor's pigs, which are in a pig pen. What offense, if any, did the man commit? a. Criminal mischief b. Cruelty to animals c. Criminal trespass d. Burglary of habitation - Criminal mischief In a public place, a man verbally abuses his wife, and other individuals alert an officer. The husband can be charged with a. no offense because it is a civil matter b. assault c. sexual abuse d. disorderly conduct - disorderly conduct Without a concealed handgun license, a woman carries a gun in her purse. She opens her purse at the grocery store check out counter. The gun falls out of her purse and discharges. What offense, if any, was committed? a. Unlawfully carrying a weapon b. Failure to obtain a handgun permit c. Deadly conduct d. Disorderly conduct e. Criminal mischief - Unlawfully carrying a weapon Which of the following persons cannot be charged with "illegal recruitment of an athlete"? A prospective athlete's a. uncle b. high school c. employer who is an alumnus of the university d. college or university coach - uncle Henry is the driver of a vehicle being used in an armed robbery. His friend George enters the bank and displays a gun to a clerk and orders her to "put all the money in the bag." A security guard sees the gun and orders George to "freeze!" George turns and fires the weapon, killing the security guard. George flees the bank with the money, gets into the car, and they both drive away. Which of the following is true? a. Both George and Henry are guilty of murder b. George is guilty of capital murder, Henry is guilty of aggravated robbery c. George is guilty of murder, Henry is guilty of conspiracy to commit aggravated robbery d. George is guilty of capital murder, Henry does not have any culpability because he did not enter the bank - Both George and Henry are guilty of murder What type of entry is required for "burglary of a vehicle '? a. A breaking must be shown b. The entire body must be within the vehicle in every case c. The taking of an object from outside the vehicle d. Any part of the body or anything attached to the body reaches inside the vehicle - Any part of the body or anything attached to the body reaches inside the vehicle A male educator at a public high school has sexual intercourse with a female student who consents. The man has committed a. sexual assault b. improper relationship with student c. public lewdness d. disorderly conduct - improper relationship with student According to the Penal Code, a mistake of fact is a. an affirmative defense to prosecution b. a defense to prosecution c. no defense to prosecution d. a violation - a defense to prosecution In which of the following circumstances would an individual be charged with aggravated assault? a. A person knowingly causes physical contact with another person when the actor knows that the other will regard the contact as offensive b. The actor exhibits a deadly weapon during the commission of assault c. An actor hits his spouse with his fists and causes a black-and-blue mark on her arm d. None of the above responds to the question - The actor exhibits a deadly weapon during the commission of assault A thief takes a purse from the hand of a sixty-five-year-old woman who was walking down the sidewalk. The victim's hand received minor injury. The actor is charged with a. theft b. robbery c. aggravated robbery d. theft from elderly - aggravated robbery A person is working on a billboard scaffold 20 feet off the ground. The worker negligently throws a tool to the ground without looking. The tool hits a person walking under the scaffold and kills the individual. What crime, if any, can the worker be charged with? a. No crime because it was an accident b. Criminally negligent homicide c. Manslaughter d. Murder - Criminally negligent homicide A person detonates a bomb without consent or with intent to destroy a building of another. The person committed a. deadly conduct b. criminal mischief c. unlawfully carrying a weapon d. arson e. none of the above - arson Two neighbors are involved in an argument. One neighbor shoots the other person's cow. What offense, if any, can be charged? a. No offense b. Cruelty to animals c. Malicious mischief d. Disorderly conduct e. Criminal mischief - Criminal mischief Which of the following is a "prohibited weapon?" a. A knife with an 8-inch blade b. A spear c. A shotgun with a 17-inch barrel d. A .44 caliber revolver - A shotgun with a 17-inch barrel According to the Penal Code, a person who intentionally operates or participates in the earnings of a gambling place has committed the offense of a. keeping a gambling place b. gambling c. gambling promotion d. bookmaking - gambling promotion Which of the following is not a violation of the Texas Penal Code? a. Two persons of the same sex are seen kissing on the main street of the city b. Two individuals of the opposite sex are observed performing an act of sexual intercourse in a public place c. Two individuals of the same sex are observed engaging in deviant sexual intercourse in a private place but are reckless about whether another person is present who may be offended d. All of the above are violations - Two persons of the same sex are seen kissing on the main street of the city A person operates an amusement ride while intoxicated, and by reason of that intoxication causes the death of another by accident or mistake. According to the Penal Code, the person has committed the offense of a. intoxication manslaughter b. negligent homicide c. murder d. capital murder - intoxication manslaughter A kid on a skate board rides by and steals a radio from a bench where a lady is sitting waiting for a bus. What offense has the kid committed? a. Robbery b. Theft c. Aggravated robbery d. Theft of service e. Theft from person - Theft According to the Penal Code, what is an affirmative defense to prosecution that the actor was compelled by threat of serious bodily injury to engage in the proscribed conduct? a. Duress b. Insanity c. Entrapment - Duress An officer in a distinctive uniform enters a restaurant in response to a civil disturbance. Inside the restaurant he asks the disputing individuals to calm down in order that he can restore order. One of the disputants draws a handgun and points it at the officer, telling him to leave them alone so that they can settle their own dispute or else. A back-up officer enters the restaurant from behind the man and is able to successfully challenge the man to put the gun down. The man is arrested for a. unlawfully carrying a weapon b. assault c. aggravated assault d. disorderly conduct e. attempted capital murder - aggravated assault What type of entry is necessary in the crime of burglary? a. The full body of the actor must enter the building b. The act of breaking must be proven to constitute an entering c. The intrusion of any part of the body or any physical object attached to the body d. A bullet is fired into building or residence e. None of the above responds to the question - The intrusion of any part of the body or any physical object attached to the body Which of the following is a prohibited weapon? a. A rifle with a 16-inch barrel b. A shotgun with an 18-inch barrel c. A shotgun that is less than 26 inches long d. A rifle that is 26 inches long - A shotgun that is less than 26 inches long A man walks into a store and demands all the money in the register or he will kill the clerk. The clerk gives the perpetrator money from the register and the suspect leaves the store. After catching the person, you charge him with a. terroristic threat b. aggravated robbery c. robbery d. theft e. felony theft - robbery According to the Penal Code, a license, certificate, permit, seal, title, letter of patent, or similar document issued by a government, by another state, or by the United States is a a. court record b. governmental record c. official document d. contract - governmental record What offense has been committed when a nurse at a nursing home purposefully fails to give an 80-year old man his prescribed medicine? a. Aiding suicide b. Injury to an elderly person c. Assault d. Negligent conduct e. Deadly - Injury to an elderly person According to the Penal Code, what is NOT part of the element of an offense a. admission of guilt b. forbidden conduct c. required culpability d. any required result - admission of guilt A person knowingly prevents a writ from being served in a civil case. According to the Penal Code, the person has committed the offense of a. hindering proceedings by disorderly conduct b. preventing execution of civil process c. interference of public duties d. barratry - preventing execution of civil process A person makes $20 bills and tries to pass them off as reals bills. Under Texas statutes, the person committed a. barratry b. false coinage c. forgery d. official oppression e. counterfeiting - forgery What offense occurs if a woman is sitting in front of a store entrance and refuses to leave when asked to so? a. Criminal trespass b. Obstructing a passageway c. Disorderly conduct d. Burglary e. No offense - Obstructing a passageway Theft from a person without coercion or use of force is punishable as a. robbery b. theft c. aggravated robbery d. burglary e. theft of service - theft What action can be taken when a peace officer lawfully arrests a person and requests information about the individual's name, date of birth, and address and then person refuses to give the information or gives false information? a. No action can be taken because the person has the right to privacy under the U.S. Constitution b. The officer can charge the individual with "obstruction of justice" and make a warrantless arrest. c. The officer can charge the individual with "failure to identify" in addition to the offense for which the person was arrested d. The officer can issue the person a summons and direct the person to appear before the municipal court within 10 days - The officer can charge the individual with "failure to identify" in addition to the offense for which the person was arrested Which of the following is not one of the culpable mental states that are defined in the Texas Penal Code? a. Premeditated b. Intentionally c. Knowingly d. Recklessly e. Criminal negligence - Premeditated A 20-year-old man has sexual intercourse with a 16-year-old girl who consents because they are boy-and girlfriend. What offense, if any, was committed? a. Assault b. Sexual assault c. Aggravated assault d. No offense - Sexual assault A husband and wife are at a store. The husband physically beats up his wife, causing her bodily injury. The husband has committed a. disorderly conduct b. family violence c. assault d. no offense - assault A sixteen-year-old boy consents to engage in sexual intercourse with this twenty- year-old girlfriend who he intends to marry. What offense, if any, can be filed? a. No crime because they intend to marry b. Sexual assault c. Aggravated sexual assault d. Assault e. Aggravated assault - Sexual assault A man in the front row of a crowded movie theater stands up and "moons" everyone; no person is offended, but there is general laughter. What offense, in any, did he commit? a. Indecent exposure b. Reckless conduct c. Disorderly conduct e. No offense - No offense The mouth of one person touches the anus of another person. This action is defined as a. deviant sexual intercourse b. sexual intercourse c. deviant behavior d. aberrant intercourse - deviant sexual intercourse According to the Penal Code, what is the definition of a deadly weapon? a. Any explosive or incendiary bomb b. Any bladed hand instrument that is capable of inflicting serious bodily injury c. Anything that, in its manner of intended use, is capable of causing serious bodily injury d. Any firearm that is designed to be fired with one hand - Anything that, in its manner of intended use, is capable of causing serious bodily injury Which of the following crimes justifies the use of deadly force to prevent the "imminent commission" of the offense? a. Theft during nightime b. Criminal mischief during nightime c. Robbery d. Burglary e. Deadly force is justified in all of the above - Deadly force is justified in all of the above A person intentionally damages property of another without effective consent. The person committed a. disorderly conduct b. criminal mischief c. reckless conduct d. delinquent behavior - criminal mischief To intentionally or knowingly "restrain" another person from leaving is a. false imprisonment b. kidnapping c. aggravated kidnapping d. deadly conduct - false imprisonment 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, fence, or structure on open-space land knowing that it is a. inside the city limits b. insured against damage c. located on property belonging to another d. subject to a mortgage or other security interest e. all of the above - all of the above