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TCOLE Penal Code 1 & 2 Exam Solved 100%
According to the Penal Code, Sec. 1.02. OBJECTIVES OF CODE, the general purposes of this code are to ____________________________________________________________ to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. - ANS-establish a system of prohibitions, penalties, and correctional measures Conduct does not constitute an offense unless it is defined as an offense by - ANS-A. statue B. municipal ordinance C. order of a county commissioners court D. any of the above A crime is committed in an airplane flying over Texas enroute to California. Does Texas has jurisdiction? - ANS-True If the body of a criminal homicide victim is found in Texas, the presumption is that Texas has jurisdiction? - ANS-True ______ means a bodily movement, whether voluntary or involuntary, and includes speech. - ANS-Act In the Penal Code, Sec. 1.06. COMPUTATION OF AGE, a person attains a specified age on the day of the anniversary of his birthdate. - ANS-COMPUTATION OF AGE _________________ means physical pain, illness, or any impairment of physical condition. - ANS-Bodily injury An act or omission and its accompanying mental state best defines _________________. - ANS-conduct A deadly weapon is defined in the Penal Code as - ANS-A. a firearm B. anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury C. anything that in the manner of its use or intended use is capable of causing death or serious bodily injury D. all of the above The forbidden conduct, the required culpability, any required result, and the negation of any exception to the crime best defines __________________. - ANS-element of offense. A crime punishable by imprisonment in the Texas Department of Criminal Justice or fine or both is a ______________. - ANS-felony A crime punishable by jail, a fine, or both is a _______________. - ANS-misdemeanor
___________________ means 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. - ANS-Serious bodily injury In determining whether a victim suffered serious bodily injury, a peace officer must establish probable cause that the victim suffered some type of life-threatening injury. - ANS-False "__________" includes, for an individual who is an unborn child, the failure to be born alive. (b) The definition of a term in this code applies to each grammatical variation of the term. - ANS-Death All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved _______________________. - ANS- beyond a reasonable doubt Sec. 6.01. _________________________________________________. A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession. - ANS-REQUIREMENT OF VOLUNTARY ACT OR OMISSION 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, best describes a ___________________. - ANS-criminal episode The highest culpable mental state is _____________________. - ANS-intentionally A person acts ____________________, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. - ANS-intentionally A person acts _________________, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. - ANS-knowingly A person acts recklessly, or is ______________, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. - ANS-reckless A person acts with ______________________, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. - ANS-criminal negligence
Fine for a person convicted of capital felonies cannot exceed A. $10,000 B. $4000 C. $2000 D. none of the above - ANS-D Fines for persons convicted of first-degree felonies cannot ______________. - ANS- exceed $10, An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than ________ years. - ANS-2 years In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $___________. - ANS-10, An individual adjudged guilty of a felony of the _______ degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. - ANS-3rd In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $_________. - ANS-10, County jails house those prisoners who have been convicted of offenses resulting in a sentence of up to ____ year. - ANS-one When two or more persons agree to commit a murder and one of them performs an overt act that goes toward accomplishing the murder, what crime has been committed? The crime would be criminal____________. - ANS-conspiracy A person is ___________ responsible if the result would not have occurred but for his conduct, operating either alone or with another cause, unless the cause was clearly sufficient to product the result and the conduct of the actor clearly insufficient. - ANS- criminally __________________ is murder, capital murder, manslaughter, or criminally negligent homicide. - ANS-Criminal homicide "__________________" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection. - ANS-Adequate cause "_______________" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. - ANS-sudden passion
What do the issues of "adequate cause" and "Sudden passion" have to do with the crime of murder? They are used by a convicted murderer at sentencing to ____________ punishment - ANS-lessen It is not an element of the crime of murder to cause the ___________ of a person while driving under the influence (DWI). - ANS-death A uniformed peace officer is recklessly shot and killed by a distraught husband while trying to settle a domestic dispute. What crime has the husband committed? The offense would be ____________________. - ANS-Manslaughter A person commits an offense if he causes the death of an individual by ________________ negligence. - ANS-criminal negligence EFFECT OF CODE. (a) Conduct does not constitute an offense unless it is defined as an offense by __________________________________ authorized by and lawfully adopted under a statute. - ANS-statute, municipal ordinance, order of a county commissioner's court,or rule If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed - ANS-that the death occurred in this state. In territorial jurisdiction, this state includes the ____________ , _____________ and the ______________________ above the land and water over which this state has power to define offenses - ANS-land, water, and air space "Act" means a - ANS-bodily movement, whether voluntary or involuntary, and includes speech. "Bodily injury"means - ANS-physical pain,illness, or any impairment of physical condition. Knowing the definition of "Bodily Injury," is the following true or false? the definition of bodily injury would include pain. - ANS-True - yes Knowing the definition of "Bodily Injury," is the following true or false? In determining whether a victim has suffered bodily injury, it must be established that the injury was life-threatening. - ANS-False - no The______________________________ 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. - ANS-prosecuting attorney
true or false: Parties to crimes may be charged and convicted for the same crime as the principal offender - ANS-true INSANITY. (a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, - ANS-as a result of severe mental disease or defect, and did not know that his conduct was wrong. MISTAKE OF FACT. (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if - ANS-his mistaken belief negated the kind of culpability required for commission of the offense. Mistake of Law Means in Simple Terms - ANS-It is no defense that you did not understand the law when you violated the law UNLESSyou can prove you reasonably relied on an Official written interpretation of the law. Voluntary intoxication ______________constitute a defense to the commission of crime.
- ANS-does not Intoxication ________________ a valid defense to prosecution in a criminal proceeding.
- ANS-is not DURESS: It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he - ANS-was compelled to do so by threat of imminent death or serious bodily injury to himself or another. ENTRAPMENT. (a) It is a defense to prosecution that the actor engaged in the conduct charged because he - ANS-was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Offenses are designated as - ANS-felonies or misdemeanors. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by: - ANS-(1) a fine not to exceed$4,000; (2) confinement in jailer a term not to exceed one year; or BOTH CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by: - ANS-(1) a fine not to exceed$2,000; (2) confinement in jail for a term not to exceed 180 days; or both CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by - ANS-a fine not to exceed $500. county jails house prisoners who have been convicted of offenses resulting in a sentence of up to - ANS-one year.
CAPITAL FELONY.(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by - ANS-imprisonmentin the Texas Department of Criminal Justice for life without parole or by death. fines for persons convicted of capital felonies cannot exceed _________. - ANS-zero In addition to imprisonment, an individual adjudged guiltyof a felony of the first degree may be punished by - ANS-a fine not toexceed$10,000. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by - ANS-imprisonment in the Texas Department of Criminal Justicefor any term of not more than 20 years or less than 2 years. THIRD DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the third degree shall be punished by - ANS-imprisonment in the Texas Department of Criminal Justice for any termof not more than 10 years or less than 2 years. In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by - ANS-a fine not to exceed $10,000. CRIMINAL CONSPIRACY.(a) A person commits criminal conspiracy if, with intent that a felony be committed: - ANS-(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; (2) he or one or more of them performs an overt act in pursuance of the agreement. NO OFFENSE. Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is - ANS-not an offense Types of Criminal Homicide - ANS--Murder -Capital Murder -Manslaughter -Criminally Negligent Homicide "Adequate cause"means cause that would commonly produce a degree of____________________________________________, sufficient to render the mind incapable of cool reflection - ANS-anger, rage,resentment, or terror in a person of ordinary temper, If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. The use of "adequate cause" and "sudden passion" are used by a convicted murderer at sentencing to - ANS-lessen their punishment.
