7/12/25, 2:53 PM Texas Penal Code
TEXAS PENAL CODE ACTUAL EXAM 2025-2026 \NEWEST
VERSION WITH UPDATED QUESTIONS AND CORRECT
DETAILED ANSWERS \VERIFIED 100% ALREADY GRADED
A+
-To insure the public safety through:
(A) the deterrent influence of
the penalties hereinafter
provided;
(B) the rehabilitation of those convicted of violations
Objectives of Code of this code; and to 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; and
(6) to define the scope of state interest in law
enforcement against specific offenses and to
systematize the exercise of state criminal jurisdiction.
Territorial Jurisdiction Either the conduct or a result that is an element of the offense
occurs inside this state
Computation of Age A person attains a specified age on the day of the anniversary of
his birth-date.
A bodily movement, whether
Act
voluntary or involuntary, and
includes speech.
A person whose criminal responsibility is in issue in a
Actor
criminal action. Whenever the term "suspect" is used in
this code, it means "actor."
Includes authority, board, bureau, commission,
Agency
committee, council, department, district, division, and
office.
Bodily Injury Means physical pain, illness, or any impairment of physical
condition.
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,7/12/25, 2:53 PM Texas Penal Code
Bodily injury that creates a substantial risk of death or
Serious Bodily Injury that causes death, serious permanent disfigurement, or
protracted loss or impairment of the function of any
bodily member or organ.
Means a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened or
another;
Coercion (C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a
public servant, or to cause a
public servant to take or withhold
action.
Conduct Means an act or omission and its accompanying mental state.
Means a place designated by law for the confinement of
a person arrested for, charged with, or
convicted of a criminal offense. The term includes:
(A) a municipal or county jail;
(B) a confinement facility operated by the Texas Department of
Correctional Facility
Criminal Justice;
(C) a confinement facility operated under contract
with any division of the Texas Department of
Criminal Justice; and
(D) a community corrections facility operated by a
community supervision and corrections
department.
A firearm or anything manifestly designed, made, or
adapted for the purpose of inflicting death or serious
Deadly Weapon
bodily injury; or
(B) anything that in the manner of its use or intended
use is capable of causing death or serious bodily
injury.
Consent Means assent in fact, whether express or apparent.
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,7/12/25, 2:53 PM Texas Penal Code
Includes consent by a person legally authorized to act
for the owner. Consent is not effective if:
(A) induced by force, threat, or fraud;
(B) given by a person the actor knows is not legally authorized to
Effective Consent
act for the owner;
(C) 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
(D) given solely to detect the commission of an offense.
(A) The forbidden conduct;
(B) The required culpability;
Element of Offense
(C) Any required result; and
(D) The negation of any exception to the offense.
An offense so designated by law or punishable by death
Felony
or confinement in a penitentiary.
Anything reasonably regarded as loss, disadvantage,
Harm
or injury, including harm to another person in
whose welfare the person affected is interested.
A human being who is alive, including an unborn child at
Individual
every stage of gestation from fertilization until birth.
An offense so designated by law or punishable by fine,
Misdemeanor
by confinement in jail, or by both fine and
confinement in jail.
Possession Means actual care, custody, control, or management.
Any place to which the public or a substantial group
Public Place 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.
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:
(A) an officer, employee, or agent of government;
Public Servant (B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is
authorized by law or private written agreement to hear
or determine a cause or controversy; or
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, 7/12/25, 2:53 PM Texas Penal Code
(D) an attorney at law or notary public when
participating in the performance of a governmental
function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental
function under a claim of right although he is not
legally qualified to do so.
A belief that would be held by an ordinary and prudent
Reasonable Belief
man in the same circumstances as the actor.
A municipal or county jail; or
Secure Correctional Facility (B) a confinement facility operated by or under a
contract with any division of the Texas Department of
Criminal Justice.
Criminal or tortuous or both and includes what would be
Unlawful
criminal or tortuous but for a defense not amounting
to justification or privilege.
Death For an individual who is an unborn child, the failure to be born
alive.
Prove beyond a reasonable doubt that the defendant or
Prosecuting Attorney
defendant's conduct does not fall within the
exception.
All persons are presumed to be innocent and no
Proof Beyond a Reasonable
Doubt person may be convicted of an offense unless each
element of the offense is proved beyond a reasonable
doubt.
If there is sufficient evidence of the facts that give rise
Presumption
to the presumption, the issue of the existence of the
presumed fact must be submitted to the jury
-"It is a defense to prosecution..."
Defense -REASONABLE DOUBT
-Easier to prove
-"It is an Affirmative Defense to Prosecution..."
-Prosecuting attorney not required to negate existence.
Affirmative Defense
-Proved by PREPONDERANCE OF EVIDENCE
-Harder to prove
The commission of 2 or more offenses, regardless of
Criminal Episode whether the harm is directed toward or inflicted upon
/ 4/63
TEXAS PENAL CODE ACTUAL EXAM 2025-2026 \NEWEST
VERSION WITH UPDATED QUESTIONS AND CORRECT
DETAILED ANSWERS \VERIFIED 100% ALREADY GRADED
A+
-To insure the public safety through:
(A) the deterrent influence of
the penalties hereinafter
provided;
(B) the rehabilitation of those convicted of violations
Objectives of Code of this code; and to 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; and
(6) to define the scope of state interest in law
enforcement against specific offenses and to
systematize the exercise of state criminal jurisdiction.
Territorial Jurisdiction Either the conduct or a result that is an element of the offense
occurs inside this state
Computation of Age A person attains a specified age on the day of the anniversary of
his birth-date.
A bodily movement, whether
Act
voluntary or involuntary, and
includes speech.
A person whose criminal responsibility is in issue in a
Actor
criminal action. Whenever the term "suspect" is used in
this code, it means "actor."
Includes authority, board, bureau, commission,
Agency
committee, council, department, district, division, and
office.
Bodily Injury Means physical pain, illness, or any impairment of physical
condition.
/ 1/63
,7/12/25, 2:53 PM Texas Penal Code
Bodily injury that creates a substantial risk of death or
Serious Bodily Injury that causes death, serious permanent disfigurement, or
protracted loss or impairment of the function of any
bodily member or organ.
Means a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened or
another;
Coercion (C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a
public servant, or to cause a
public servant to take or withhold
action.
Conduct Means an act or omission and its accompanying mental state.
Means a place designated by law for the confinement of
a person arrested for, charged with, or
convicted of a criminal offense. The term includes:
(A) a municipal or county jail;
(B) a confinement facility operated by the Texas Department of
Correctional Facility
Criminal Justice;
(C) a confinement facility operated under contract
with any division of the Texas Department of
Criminal Justice; and
(D) a community corrections facility operated by a
community supervision and corrections
department.
A firearm or anything manifestly designed, made, or
adapted for the purpose of inflicting death or serious
Deadly Weapon
bodily injury; or
(B) anything that in the manner of its use or intended
use is capable of causing death or serious bodily
injury.
Consent Means assent in fact, whether express or apparent.
/ 2/63
,7/12/25, 2:53 PM Texas Penal Code
Includes consent by a person legally authorized to act
for the owner. Consent is not effective if:
(A) induced by force, threat, or fraud;
(B) given by a person the actor knows is not legally authorized to
Effective Consent
act for the owner;
(C) 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
(D) given solely to detect the commission of an offense.
(A) The forbidden conduct;
(B) The required culpability;
Element of Offense
(C) Any required result; and
(D) The negation of any exception to the offense.
An offense so designated by law or punishable by death
Felony
or confinement in a penitentiary.
Anything reasonably regarded as loss, disadvantage,
Harm
or injury, including harm to another person in
whose welfare the person affected is interested.
A human being who is alive, including an unborn child at
Individual
every stage of gestation from fertilization until birth.
An offense so designated by law or punishable by fine,
Misdemeanor
by confinement in jail, or by both fine and
confinement in jail.
Possession Means actual care, custody, control, or management.
Any place to which the public or a substantial group
Public Place 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.
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:
(A) an officer, employee, or agent of government;
Public Servant (B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is
authorized by law or private written agreement to hear
or determine a cause or controversy; or
/ 3/63
, 7/12/25, 2:53 PM Texas Penal Code
(D) an attorney at law or notary public when
participating in the performance of a governmental
function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental
function under a claim of right although he is not
legally qualified to do so.
A belief that would be held by an ordinary and prudent
Reasonable Belief
man in the same circumstances as the actor.
A municipal or county jail; or
Secure Correctional Facility (B) a confinement facility operated by or under a
contract with any division of the Texas Department of
Criminal Justice.
Criminal or tortuous or both and includes what would be
Unlawful
criminal or tortuous but for a defense not amounting
to justification or privilege.
Death For an individual who is an unborn child, the failure to be born
alive.
Prove beyond a reasonable doubt that the defendant or
Prosecuting Attorney
defendant's conduct does not fall within the
exception.
All persons are presumed to be innocent and no
Proof Beyond a Reasonable
Doubt person may be convicted of an offense unless each
element of the offense is proved beyond a reasonable
doubt.
If there is sufficient evidence of the facts that give rise
Presumption
to the presumption, the issue of the existence of the
presumed fact must be submitted to the jury
-"It is a defense to prosecution..."
Defense -REASONABLE DOUBT
-Easier to prove
-"It is an Affirmative Defense to Prosecution..."
-Prosecuting attorney not required to negate existence.
Affirmative Defense
-Proved by PREPONDERANCE OF EVIDENCE
-Harder to prove
The commission of 2 or more offenses, regardless of
Criminal Episode whether the harm is directed toward or inflicted upon
/ 4/63
