Term
Which of these is not an objective of the Texas Penal Code?
a. To insure public safety
b. To safeguard non-criminal conduct
c. To prevent arbitrary & oppressive treatment of suspects
d. They are all objectives |
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Definition
| d. They are all objectives |
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Term
Conduct doesn't constitute an offense inless it is defined as an offense by _______.
a. Municipal ordinance
b. Statute
c. Order of a county commissioners's court
d. Any of these |
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Definition
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Term
Texas has jurisdiction over an offense if the __________ occurs in Texas.
a. conduct
b. results
c. Both A and B
d. Neither A or B |
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Definition
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Term
“______ means physical pain, illness or any impairment of physical condition.”
a. serious bodily injury
b. bodily injury
c. personal injury
d. injury |
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Definition
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Term
"A Firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury..." Defines?
a. Serious bodily injury
b. Bodily injury
c. Deadly weapon
d. Weapon |
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Definition
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Term
"Consent is not effective if..."
a. Induced by threat, force or fraud
b. Given by an intoxicated person
c. Given by a person with a mental disease or defect
d. Any of these |
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Definition
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Term
Element of offence means...
a. The forbidden conduct
b. The required culpability
c. Any required result
d. All of these |
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Definition
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Term
The additional requirement left out of #7, is:
a. The negation of any guilt in the offence
b. The negation of any exception to the offence
c. The negation of any prima facie evidence to the offence
d. All of the above |
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Definition
| b. The negation of any exception to the offence |
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Term
"An offence so designated by law or punishable by death or confinement in the penitentiary."
a. Misdemeanor
b. Crime
c. Felony
d. Penal infraction |
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Definition
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Term
"An individual, corporation or association"
a. Individual
b. Person
c. Actor
d. None of these |
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Definition
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Term
“The actual care, custody, control or management”
a. Possession
b. Direction
c. Effective consen
d.None of these |
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Definition
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Term
“Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of a bodily member or organ.”
a. Bodily injury
b. Harm
c. Serious bodily injury
d. Catostrophic Harm |
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Definition
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Term
“An offense so designated by law or punishable by fine, by confinement in jail or both.”
a. Felony
b. Misdemeanor
c. Crime
d. Criminal offense |
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Definition
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Term
“Omission means _______.”
a. Failure to act
b. Failure to include
c. To leave out a case element
d. None of these |
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Definition
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Term
What is the level of proof to convict a person of a criminal offense?
a. Preponderance of the evidence
b. Reasonable suspicion
c. Reasonable doubt
d. Beyond a reasonable doubt |
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Definition
| d. Beyond a reasonable doubt |
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Term
If the issue of the existence of an "affirmative defence" is submitted to the jury, the defendant must prove the affirmative defence.
a. Beyond a reasonable doubt
b. To a reasonable doubt
c. By a preponderance of the evidence
d. The defendant needs to prove nothing |
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Definition
| c. By a preponderance of the evidence |
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Term
"If the issue of the existence of an "affirmative defence" is submitted to the jury, the court shall charge that _____ on the issue requires the defendant to be acquitted."
a. Reasonable suspicion
b. Reasonable doubt
c. Beyond a reasonable doubt
d. Preponderance of the evidence |
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Definition
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Term
"__________ means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth"
a. Individual
b. Person
c. Actor
d. Fetus |
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Definition
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Term
"_____________ Means assent to the fact"
a. Conduct
b. Consent
c. Act
d. Offense |
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Definition
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Term
A threat to inflict bodily injury in the future on the person threatened or another.
a. Harassment
b. Assault
c. Coercion
d. Aggravated |
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Definition
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Term
A threat to harm a persons' credit or business repute.
a. Identity theft
b. Harassment
c. Fraud
d. Coercion |
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Definition
|
|
Term
A threat to take or withhold action as a public servant.
a. Official oppression
b. Official misconduct
c. Harassment
d. Coersion |
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Definition
|
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Term
A person commits an offense, only if he engages in it _______.”
a. by duress
b. by coercion
c. voluntarily
d. involuntarily |
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Definition
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Term
If the definition of an offense does not prescribe a culpable mental state, but one is required by law, the lowest level of culpability needed to convicted is ________.
a. intentional
b. reckless
c. criminal negligence
d. knowing |
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Definition
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Term
Highest level of culpability is ______.
a. intentional
b. knowing
c. reckless
d. criminal negligence |
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Definition
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Term
“When one ought to be aware of substantial and unjustifiable risk that the result will occur”, defines …
a. reckless
b. criminal negligence
c. knowing
d. intentional |
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Definition
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Term
When one is aware of but consciously disregards a substantial and unjustifiable risk, that the result will occur, defines …
a. reckless
b. criminal negligence
c. knowing
d. intentional |
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Definition
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Term
When “one is aware that his conduct is reasonably certain to cause the results”, defines …
a. reckless
b. criminal negligence
c. intentional
d. knowing |
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Definition
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Term
When “it’s one’s conscious objective to engage in the conduct or cause the result”, defines…
a. reckless
b. criminal negligence
c. intentional
d. knowing |
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Definition
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Term
A person is ____ if the result would not have occurred, but for his conduct.
a. Responsible
b. Irresponsible
c. Criminally negligent
d. Criminally responsible |
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Definition
| d. Criminally responsible |
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Term
An offense designated a misdemeanor without specification as to punishment category, is a class …
a. A
b. B
c. C
d. D |
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Definition
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Term
A class ___ misdemeanor does not impose any legal disability or disadvantage.
a. A
b. B
c. C
d. All misdemeanor impose legal disability. |
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Definition
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Term
The highest category Felony is …
a. State Jail Felony
b. 1st Degree Felony
c. 2nd Degree Felony
d. Capital Felony |
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Definition
|
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Term
The Class ___ misdemeanor is the highest class.
a. A
b. B
c. C
d. State jail misdemeanor |
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Definition
|
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Term
A class ___ misdemeanor is punishable by a fine of $4,000.00 and up to 1 year in jail.
a. A
b. B
c. C
d. State jail |
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Definition
|
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Term
A class ___ misdemeanor is punishable by a fine up to $2,000.00 and up to 180 days in jail.
a. A
b. B
c. C
d. None of these |
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Definition
|
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Term
A class ___ misdemeanor has a maximum fine of $500.00
a. A
b. B
c. C
d. D |
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Definition
|
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Term
Which felony results in 2 years to 20 years imprisonment with a possible $10,000 fine?
a. Capital
b. 1st degree
c. 2nd degree
d. 3rd degree |
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Definition
|
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Term
Which felony results in 2 years to 10 years imprisonment with a possible $10,000 fine?
a. 1st degree
b. 3rd degree
c. Capital
d. State jail |
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Definition
|
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Term
The ___ felony can result in 5 to 99 years or life in penitentiary.
a. capital
b. 3rd degree
c. 2nd degree
d. 1st degree |
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Definition
|
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Term
Which felony has a minimum jail time of six months?
a. 3rd degree
b. State jail
c. 2nd degree
d. 1st degree |
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Definition
|
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Term
Capital felony offense where the state does not seek the death penalty upon conviction, the punishment is _____
a. 15 years to life
b. 5 years to 99 years or life
c. Shall be life
d. May be life or death |
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Definition
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Term
A State Jail Felony can be punished as a 3rd degree felony if...
a. He has a prior felony conviction for aggravated sexual assault
b. He used a deadly weapon during his crime
c. Anyone associated with the crime used a deadly weapon
d. Any of the above |
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Definition
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Term
If a person is convicted of a State Jail Felony, he shall be punished as a 3rd degree felony if;
a. He has a prior felony conviction
b. He has 2 prior felony convictions
c. He has 2 prior state jail felony convictions
d. None of these |
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Definition
| c. He has 2 prior state jail felony convictions |
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Term
A person convicted of a state jail felony that has 2 prior felony convictions (one subsequent to the first), shall be punished as a ____ felony.
a. 3rd degree
b. 2nd degree
c. 1st degree
d. State Jail |
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Definition
|
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Term
A person convicted of a 3rd degree felony that has a prior felony conviction, can receive a maximum of ____ years in prison.
a. 10
b. 20
c. 99
d. Life |
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Definition
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Term
A person convicted of a 2nd degree felony that has a prior felony conviction, can receive a maximum or ____ years in prison.
a. 10
b. 20
c. 99 to life
d. Death |
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Definition
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Term
A person convicted of a 1st degree felony with a prior felony conviction, can be imprisoned for a minimum of ____ years.
a. 5
b. 99
c. Life
d. 15 |
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Definition
|
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Term
A person convicted of a class A misdemeanor, with a prior class A misdemeanor or felony conviction, must serve a minimum or ____.
a. 1 year in jail
b. Up to 1 year in jail
c. 90 days
d. 180 days |
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Definition
|
|
Term
A person convicted of a class B misdemeanor, with a prior class B misdemeanor or felony conviction, must serve a minimum of ____.
a. 180 days
b. 30 days
c. 60 days
d. 90 days |
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Definition
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Term
X commits a felony theft and in his attempt to flee apprehension, he runs over and kills Y. X is guilty of…
a. felony theft
b. aggravated robbery
c. murder 1st degree
d. murder 2nd degree
e. manslaughter |
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Definition
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Term
"X" causes the death of "Y": while under the immediate influence of sudden passion caused by adequate cause under circumstances at the time of the offense. "X" is guilty of?
a. Murder 1st degree
b. Manslaughter
c. Involuntary manslaughter
d. Murder 2nd degree
e. Negligent homicide |
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Definition
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Term
"X" while committing the offence of burglary, intentionally killed the homeowner. "X" is guilty of?
a. Murder 1st degree
b. Murder 2nd degree
c. Capital murder
d. Manslaughter
e. None of these |
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Definition
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Term
"X" intentionally killed "Y" (a child under 6 years of age), to get even with his estranged wife. "X" is guilty of?
a. Murder 1st degree
b. Murder 2nd degree
c. Capital murder
d. Manslaughter
e. Endangering a child |
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Definition
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Term
"X" intentionally commits arson to a structure, and in the commission of the offence a firefighter arrives and is killed by "X", to prevent the firefighter from killing the fire. "X" is guilty of?
a. Aggravated arson
b. Arson
c. Murder 1st degree
d. Manslaughter
e. Capital murder |
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Definition
|
|
Term
"Z" a peace officer, arrives at the scene of a family disturbance and is fired at by the irate husband by a shotgun. "Z" is authorised to return fire but is reckless with his gunfire and kills an innocent third party. "Z" can be charged with?
a. Murder 1st degree
b. Manslaughter
c. Murder 2nd degree
d. Criminally negligent homicide |
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Definition
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Term
"X" caused the death of "Y" due to his criminal negligence. "X" is guilty of?
a. Manslaughter
b. Murder 1st degree
c. Murder 2nd degree
d. Capital Murder
e. None of the above |
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Definition
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Term
Murder becomes capital murder, if it occurs during the commission or attempted commission of which of the following offences?
a. Kidnapping
b. Robbery
c. Aggravated sexual assault
d. Obstruction or retaliation
e. All of the above |
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Definition
|
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Term
Criminally negligent homicide is a felony of the ____ degree.
a. 1st
b. 3rd
c. 2nd
d. State jail felony
e. None of the above |
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Definition
|
|
Term
Manslaughter is what degree felony offence?
a. 1st
b. 2nd
c. 3rd
d. State jail felony
e. Class A misdemeanor on 1st attempt / State jail felony for subsequent offense. |
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Definition
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Term
"X" comes home early and finds his wife in bed with his best friend. "X" becomes violent, and in the immediate influence of sudden passion from this cause, he shoots both of them and then in his grief calls the police and confesses. "X" is guilty of?
a. Criminally negligent homicide
b. Manslaughter
c. Murder, 1st degree felony
d. Murder, 2nd degree felony |
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Definition
| d. Murder, 2nd degree felony |
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Term
"Y" recklessly drives a motorcycle into a swimming pool and kills a young boy by accident. "X" is guilty of?
a. Criminal negligent homicide
b. Manslaughter
c. Murder
d. No offence |
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Definition
|
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Term
“To restrain a person with intent to prevent his liberation by use of deadly force” is _____.
a. Abduct
b. Restraint
c. False arrest
d. Terroristic threat |
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Definition
|
|
Term
“To restrict a person’s movement without their consent, so as to interfere substantially with his liberty, by moving him form one place to another or by confining him”, defines…
a. Abduct
b. Restrain
c. Arrest
d. False imprisonment |
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Definition
|
|
Term
“To intentionally restrain another person, is…
a. No offense
b. Kidnapping
c. Aggravated kidnapping
d. Unlawful restraint |
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Definition
|
|
Term
“To intentionally abduct another person, is…
a. Kidnapping
b. Aggravated kidnapping
c. Unlawful restraint
d. False arrest |
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Definition
|
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Term
“To intentionally abduct another person with intent to terrorize the person and then let them go”, is…
a. No offense
b. Terroristic threat
c. Kidnapping
d. Aggravated kidnapping |
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Definition
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Term
X abducts Z and holds for ransom. This is…
a. Kidnapping
b. Aggravated kidnapping
c. Abduction
d. Unlawful restraint |
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Definition
|
|
Term
"X takes Z hostage during an armed robbery, to use as a shield and a hostage," X is guilty of:
a. Aggravated kidnapping
b. Kidnapping
c. Aggravated robbery
d. A & C |
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Definition
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Term
"x abducts Z at gunpoint, but never asked for a ransom or harmed Z in any way," this is:
a. Aggravated kidnapping
b. Kidnapping
c. Unlawful restraint
d. Aggravated abduction by firearm |
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Definition
|
|
Term
Aggravated kidnapping is a ____ degree felony.
a. 1st
b. 2nd
c. 3rd
d. None of these |
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Definition
|
|
Term
Kidnapping is a ____ degree felony
a. 1st
b. 2nd
c. 3rd
d. State Jail |
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Definition
|
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Term
X voluntarily released Z (his aggravated kidnapping victim) in a safe place. X can reduce his offence to a ____ felony of this act
a. 3rd degree
b. State jail
c. 2nd degree
d. 1st degree |
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Definition
|
|
Term
X kidnapping a person and demands a ransom, then voluntarily releases the person safely prior to receiving the ransom. X is guilty of ____.
a. Kidnapping
b. Aggravated kidnapping
c. Unlawful restraint
d. No offense |
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Definition
|
|
Term
"X" intentionally and knowingly abducts "Y" and holds him for ransom. x is guilty of:
a. False imprisonment
b. Kidnapping
c. Aggravated kidnapping
d. Aggravated imprisonment |
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Definition
|
|
Term
"X" intentionally and knowingly abducts "Y" at gunpoint. X is guilty of...
a. False imprisonment
b. Aggravated kidnapping
c. Kidnapping
d. Terroristic threat |
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Definition
|
|
Term
"X" intentionally and knowingly restrains "Y" against her will by force. X is guilty of...
a. False imprisonment
b. Aggravated kidnapping
c. Kidnapping
d. None of the above |
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Definition
|
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Term
"X" in the furtherance of the commission of an armed robbery of a store, abducts the store manage at gunpoint and used him as a "shield" to make a good escape. X is guilty of:
a. Aggravated kidnapping
b. Kidnapping
c. False imprisonment |
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Definition
|
|
Term
"X" intentionally and knowingly abducts "Y" by threatening him with DEADLY FORCE. X is guilty of:
a. Aggravated kidnapping
b. Kidnapping
c.
d. |
|
Definition
|
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Term
Deviant sexual intercourse is:
a. Any contact between any part of the genitals of one person and the mouth of another.
b. Any contact between the genitals of one person and the anus of another person.
c. Penetration of the genitals or anus of another with an object.
d. Any of the above |
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Definition
|
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Term
a man touches the breast of another woman employee at a bar, for his own sexual gratification, however the woman is not offended.
a. Disorderly conduct
b. Public lewdness
c. Indecent exposure
d. Indecency with a child |
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Definition
|
|
Term
Sam masturbates in front of a ten-year-old child.
a. Public lewdness
b. Homosexual conduct
c. Indecent exposure
d. Indecency with a child |
|
Definition
| d. Indecency with a child |
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Term
Biff is urinating in public and is reckless about his genitals offending or alarming other people.
a. Indecent exposure
b. Public lewdness
c. Homosexual conduct
d. None of these |
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Definition
|
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Term
A man and woman engage in sexual intercourse on a blanket in the city park under the cover of darkness.
a. No offense
b. Public lewdness
c. Indecent exposure
d. Indecency with a child |
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Definition
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Term
You are on patrol and observe a 20-year-old farm boy having sexual intercourse with a female sheep on the shoulder of FM 1960.
a. Incest
b. Aggravated sexual intercourse
c. Indecent exposure
d. Public lewdness |
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Definition
|
|
Term
The penalty for Public Lewdness is a ____.
a. 3rd Degree felony
b. State jail felony
c. Class A misdemeanor
d. No offense |
|
Definition
|
|
Term
The penalty for indecency with a child is a ____.
a. 2nd Degree felony
b. 3rd Degree felony
c. State jail felony
d. Class A misdemeanor |
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Definition
|
|
Term
X sets fire intentionally, to his well insured home, to collect on the policy. This is:
a. Fraud
b. Terrorism
c. Arson
d. None of these |
|
Definition
|
|
Term
X starts a trash fire in his yard and leaves it unattended while he goes in the house to eat lunch. The fire spreads to his neighbor's fence and burns it to the ground. X is guilty of:
a. Arson
b. Reckless damage
c. Criminal mischief
d. No offense |
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Definition
|
|
Term
X intentionally damaged property belonging to Z, without Z’s consent This is:
A. Criminal mischief
B. Reckless damage
C. Criminal damage
D. Deadly conduct |
|
Definition
|
|
Term
X intentionally sprays his “Gang logo“ on the neighbor‘s fence with aerosol paint, without the owners‘ consent. This is:
A. Graffiti
B. Criminal mischief
C. Reckless damage
D. No offense |
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Definition
|
|
Term
X intentionally draws on the neighbor’s fence with a brush and paint, without the owners consent This is:
A. Graffiti
B. Reckless damage
C. Criminal mischief
D. No offense |
|
Definition
|
|
Term
To place graffiti on a place of worship or human burial site or on a public monument is a _______ offense.
A. 1st Degree felony
B. State jail felony
C. Class A misdemeanor
D. 3rd Degree felony |
|
Definition
|
|
Term
X intentionally sets Eire to Y‘s pasture, destroying his hay field, without the consent of Y. This is:
A. Criminal mischief
B. Felony criminal mischief
C. Arson
D. Reckless damage |
|
Definition
|
|
Term
X is angry about a new church moving into the community. He intentionally blows up the church to prevent them establishing in the community. X is guilty of:
A. Terroristic threat
B. Organized crime
C. Arson
D. None of these |
|
Definition
|
|
Term
X places toilet paper in the neighbor’s trees, not damaging any of them but creating a substantial inconvenience for the neighbor, and without the neighbor's consent. X is guilty of:
A. Harassment
B. Disorderly conduct
C. Criminal mischief
D. Reckless damage |
|
Definition
|
|
Term
Two men have partnership in a taxi. One of the men destroys the taxi. This is:
A. Criminal mischief
B. Reckless damage
C. Arson
D. No offense |
|
Definition
|
|
Term
The difference between robbery and theft is:
A. Amount of property stolen
B. Force or attempted force used
C. Same thing
D. None of these |
|
Definition
| B. Force or attempted force used |
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|
Term
X in the process of stealing a woman’s purse, yanks the purse hard enough to pull the woman to the ground resulting in bodily injury to the woman. X fled with the purse and is guilty of:
A Theft
B. Mugging
C. Robbery
D. Aggravated robbery |
|
Definition
|
|
Term
X was trying to pick a man’s pocket without his knowledge and the man resisted and was fighting X to keep his wallet. X struck the 65-year-old victim, causing bodily injury and the man released his grip on the wallet and X fled With it, X committed:
A. Robbery
B. Theft
C. Felony theft
D. Aggravated robbery |
|
Definition
|
|
Term
X was fleeing from the lobby of the jewelry store with a diamond ring in his hand that he just snatched from a display rack, without the owners‘ consent, In the immediate flight to escape the store X runs over a disabled person in the doorway, causing bodily injury to that person, but X escaped in the process with the ring. This is:
A. Robbery
B. Aggravated robbery
C. Theft
D. Felony theft |
|
Definition
|
|
Term
X wants Y’s ring and threatens Y with bodily injury. Y fearing imminent bodily injury surrenders the ring without consent. X has committed;
A. Theft
B. Aggravated robbery
C. Robbery
D. Felony theft |
|
Definition
|
|
Term
X strikes Z over the head with a steel pipe, knocking the Victim unconscious resulting in serious bodily injury. While unable to resist X steals Z’s cash, wallet and watch and runs away. This is:
A. Robbery
B. Theft
C. Aggravated robbery
D. No offense |
|
Definition
|
|
Term
X walks into a bank and passes the teller a note reading. “I have a gun put all the cash in this bag or I will shoot you." The teller does not see a pistol, but believes he has one in his pocket. She hands over the cash and X gets away. X has committed:
A. Theft
B. Robbery
C. Aggravated robbery
D. Felony theft |
|
Definition
|
|
Term
X walks into a bank, with a pistol visible to the teller, he passes the same note as in questions # 7. The teller complies and X flees. This is:
A. Robbery
B. Aggravated robbery
C. Theft
D. Felony theft |
|
Definition
|
|
Term
X removes a gas cap on a parked car and inserts a garden hose into the tank, with the intent of removing gasoline without the owner's knowledge or consent. X has committed what offense?
A. Theft of gas
B. Breaking and entering
C. Burglary of a vehicle
D. No offense |
|
Definition
|
|
Term
X enters Y‘s home, without his consent, with the intent of stealing stereo equipment but is chased from the house by Y‘s poodle. X has committed what offense?
A. Criminal trespass
B. Attempted robbery
C. Burglary of a habitation
D. Burglary of a building |
|
Definition
| C. Burglary of a habitation |
|
|
Term
X remained concealed in the surplus store until after closing hours, without the owners‘ consent. X then began loading up camping equipment he intended to remove X is guilty of:
A. Criminal trespass
B. Robbery
C. Theft
D. Burglary of a building |
|
Definition
| D. Burglary of a building |
|
|
Term
X finds the door to a coin operated coke machine standing ajar. He opens the door and removes several cold cokes without paying and without the owner‘s consent. X has committed;
A Theft under $20.00
B. Breaking and entering
C. Burglary of a coin operated machine
D. Theft from a coin operated machine |
|
Definition
| C. Burglary of a coin operated machine |
|
|
Term
X was being disruptive at an apartment complex where he did not reside. The manager of the complex told X to leave the premises and X refused. X is guilty of:
A. Burglary
B. Theft of service
C. Criminal trespass
D. No offense civil only |
|
Definition
|
|
Term
X is licensed “Concealed handgun holder” and he entered a business with a sign posted that prohibits concealed handguns on the property. X saw and understood the sign, but refused to leave until he finished his shopping. X has:
A Done nothing wrong-
B. Violations of unlawfully carrying a weapon
C. Violation of trespass by holder of license to carry concealed handgun
D. Criminal trespass |
|
Definition
| C. Violation of trespass by holder of license to carry concealed handgun |
|
|
Term
X walks by a parked car that belong to Y. X sees a watch laying on the console that belong to Y and without the owners‘ consent, X reaches into the open car and grabs the watch and runs away. This is:
A Theft
B. Felony theft
C. Burglary of a vehicle
D. Burglary of a motor vehicle |
|
Definition
|
|
Term
Burglary is a 1st degree felony if:
A. The premises are habitations
B. It's with intent to commit a felony other than theft
C. It‘s committed at night.
D. A & B |
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Burglary of a building (other than a habitation) is a offense.
A. 1st Degree felony
B. State jail felony
C. 3rd Degree felony
D. Class A misdemeanor |
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Burglary of a habitation is a _ degree felony.
A. State jail felony
B. 3rd
C. 2nd
D. 1st |
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To have “entry” in a burglary, requires:
A. The entire person must be in the building
B. Any part of the body in the building or vehicle
C. Any extension of the body is in the building or vehicle ‘
D. B or C |
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A man enters a garage and takes cash from a motor Vehicle without the owners consent.
A. Criminal trespass
B. Burglary
C. Burglary of a vehicle
D. Theft |
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A man takes $1,500.00 from a parked vehicle on a highway, without the owners‘ consent. The most serious offense is?
A. Theft
B. Burglary of a vehicle
C. Burglary
D. Robbery |
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