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Texas Penal Code: Definitions, Concepts, and Defenses, Exams of Law

DeVry University-TexasLaw

A comprehensive overview of key sections and definitions from the texas penal code, including objectives of the code, territorial jurisdiction, definitions of terms like conduct, actor, consent, and deadly weapon, as well as discussions of culpable mental states, defenses such as mistake of fact, and the concept of criminal episodes. The detailed information covers a range of fundamental criminal law principles and could be useful for students studying texas criminal law, criminal justice, or related fields. The document delves into the nuances of the penal code, exploring topics like the burden of proof for defenses, the distinction between exceptions and affirmative defenses, and the role of intoxication in criminal responsibility. Overall, this resource offers a thorough examination of the texas penal code that could serve as valuable study material or reference for university-level coursework.

Typology: Exams

2023/2024

Available from 08/26/2024

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Texas Penal Code Test 1 Graded A+
According to Section 1.02 TPC (objectives of Code) "to this end, the provisions of this
code are intended, and shall be constructed, to achieve the following objectives."
A. To ensure the public safety
B. To safeguard conduct that is without guilt from condemnation as criminal
C. To guide and limit the exercise of official discretion in law enforcement
D. All of the above are correct - ANS-D.
According to Section 1.03 TPC (Effect Code), "Conduct does not constitute an offense
unless it is defined as an offense by:
A. Statute
B. Municipal Ordinance
C. Order of a county commissioners court
D. All of the above are correct responses - ANS-D.
According to Section 1.04 TPC (Territorial Jurisdiction), the conduct outside this state
constitutes a conspiracy to commit offense inside this state, and an act in furtherance of
the conspiracy occurs inside this state.
A. True
B. False - ANS-A.
According to Section 1.07 TPC (Definitions), "a bodily movement, whether voluntary or
involuntary including speech" is the definition of
A. Conduct
B. Act
C. Omission
D. Intentional - ANS-B.
According to Section 1.07 TPC (Definitions) "_____" means a government or
governmental subdivision or agency, trust, partnership, or two or more person having a
join or common economic interest.
A. Association
B. Agency
C. Owner
D. Corporation - ANS-A
According to Section 1.07 TPC (Definitions) "______" means a person whose criminal
responsibility is in issue in a criminal action.
A. Person
B. Individual
C. Actor
D. Another - ANS-C
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Texas Penal Code Test 1 Graded A+

According to Section 1.02 TPC (objectives of Code) "to this end, the provisions of this code are intended, and shall be constructed, to achieve the following objectives." A. To ensure the public safety B. To safeguard conduct that is without guilt from condemnation as criminal C. To guide and limit the exercise of official discretion in law enforcement D. All of the above are correct - ANS-D. According to Section 1.03 TPC (Effect Code), "Conduct does not constitute an offense unless it is defined as an offense by: A. Statute B. Municipal Ordinance C. Order of a county commissioners court D. All of the above are correct responses - ANS-D. According to Section 1.04 TPC (Territorial Jurisdiction), the conduct outside this state constitutes a conspiracy to commit offense inside this state, and an act in furtherance of the conspiracy occurs inside this state. A. True B. False - ANS-A. According to Section 1.07 TPC (Definitions), "a bodily movement, whether voluntary or involuntary including speech" is the definition of A. Conduct B. Act C. Omission D. Intentional - ANS-B. According to Section 1.07 TPC (Definitions) "_____" means a government or governmental subdivision or agency, trust, partnership, or two or more person having a join or common economic interest. A. Association B. Agency C. Owner D. Corporation - ANS-A According to Section 1.07 TPC (Definitions) "______" means a person whose criminal responsibility is in issue in a criminal action. A. Person B. Individual C. Actor D. Another - ANS-C

According to Section 1.07 TPC (Definitions) "____" means anything reasonably regarded as economic gain or advantage. A. Harm B. Benefit C. Pecuniary D. Possession - ANS-B According to Section 1.07 TPC (Definitions) "Coercion" means a threat, however communicated: A. To commit an offense B. To take or withold action as a public servant C. To harm the credit or business repute of any person D. All - ANS-D. According to Section 1.07 TPC (Definitions) "____" means an act or omission and its accompanying mental state. A. Law B. Possession C. Felony D. Conduct - ANS-D According to Section 1.07 TPC (Definitions) "___" means assent in fact, whether express or apparent. A. Conduct B. Consent C. Effective consent D. Act - ANS-B According to Section 1.07 TPC (Definitions), the term "correctional facility" includes: A. A community corrections facility operated by a community supervision and corrections dept. B. a municipal or county jail C. a confinement facility operated by the Texas Dept. of Criminal Justice D. all - ANS-D According to Section 1.07 TPC (Definitions) "deadly weapon" means: 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 - ANS-D According to section 1.07 TPC (definitions), "______" includes consent by a person legally authorized to act for the owner. A. Consent

X decides to commit a burglary. X goes to his brother's house and asks his brother if he can borrow some gloves so that he will no leave his fingerprints at the crime scene. His brother says it's a good idea and loans him a pair of gloves that X uses to commit the crime. Can X's brother be held responsible for the burglary? A. Yes according to Section 7.02 of the penal code B. No according to section 7.02 of the penal code C. only if x's brother's fingerprints are found on the glove d. only if x confesses to the crime - ANS-A. According to Section 2.03 TPC (Defense), who has the burden of proving the existence of a defense? A. The prosecuting attorney B. The defense attorney C. the grand jury D. The jury - ANS-B According to Section 1.07 TPC (Definitions), "A(n) ___ includes an unborn child at every stage of gestation from fertilization until birth. A. Individual B. Person C. Actor D. Suspect - ANS-A Y intentionally damages the windshields of six motor vehicles. This conduct is considered: A. Delinquent conduct B. felony C. criminal episode D. misdemeanor - ANS-C "Yes, I committed the crime but I have an excuse for doing so" is the rationale behind a(n): A. Exception B. Defense C. Affirmative defense D. Presumption - ANS-C Which of the following is NOT a culpable mental state? A. Intentional B. Premeditated C. Knowing D. Reckless - ANS-B A person commits an offense only if she____ engages in conduct. A. Knowingly

B. Voluntary C. Intentionally D. Consciously - ANS-B ________ Is NOT a general defense to criminal responsibility. A. Murder B. Intoxication C. Bodily Injury D. Physical injury - ANS-B A person acts_____, when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. A. Knowingly B.Recklessly C. Intentionally D. Consciously - ANS-B According to section 8.05 TPC (duress), duress is a defense. A. True B. False - ANS-B According to section 8.06 TPC (entrapment), entrapment is an affirmative defense. A. True B. False - ANS-B