Texas has jurisdiction over an offense if the __________ occurs in Texas.

a. conduct

b. results

c. intent

d. a or b

“______ means physical pain, illness or any impairment of physical condition.”

a. serious bodily injury

b. bodily injury

c. personal injury

d. injury

b. bodily injury

“An offense so designated by law or punishable by death or confinement in the penitentiary.”

a. misdemeanor

b. crime

c. felony

d. inchoate offense

c. felony

“The actual care, custody, control or management”

a. possession

b. direction

c. consent

d. effective consent

a. possession

“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. serious bodily injury

c. personal injury

d. injury

b. serious bodily injury

“An offense so designated by law or punishable by fine, by confinement in jail or both.”

a. felony

b. misdemeanor

c. state jail felony

d. criminal offense

b. misdemeanor

“Omission means _______.”

a. failure to act

b. failure to include

c. to act inappropriately

d. to leave out a case element

a. failure to act

“_____ means assent in fact.”

a. conduct

b. consent

c. act

d. omit

b. consent

“______ means a threat, however communicated.”

a. coercion

b. omission

c. conduct

d. offense

a. coercion

A person commits an act, only if he engages in it _______.”

a. by duress

b. by coercion

c. voluntarily

d. involuntarily

c. voluntarily

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

b. reckless

Highest level of culpability is ______.

a. intentional

b. knowing

c. reckless

d. criminal negligence

a. intentional

“When one ought to be aware of substantial risk that the result will occur”, defines …

a. reckless

b. criminal negligence

c. knowing

d. intentional

b. criminal negligence

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

a. reckless

When “one is aware that his conduct is reasonably certain to cause the results”, defines …

a. reckless

b. criminal negligence

c. intentional

d. knowing

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

c. intentional

An offense designated a misdemeanor without specification as to punishment category, is a class …

a. A

b. B

c. C

d. D

c. C

A class ___ misdemeanor does not impose any legal disability or disadvantage.

a. A

b. B

c. C

d. All misdemeanor impose legal disability.

c. C

The highest category Felony is …

a. State Jail Felony

b. 1^st Degree Felony

c. 2^nd Degree Felony

d. Capital Felony

The Class ___ misdemeanor is the highest class.

a. A

b. B

c. C

d. D

a. A

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. D

a. A

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. D

b. B

A class ___ misdemeanor has a maximum fine of $500.00

a. A

b. B

c. C

d. D

c. C

The ___ felony can result in 2 to 10 years in prison.

a. 1^st degree

b. 3^rd degree

c. capital

d. state jail

b. 3^rd degree

The ___ felony can result in 5 to 99 years or life in prison.

a. capital

b. 3^rd degree

c. 2^nd degree

d. 1^st degree

X commits a felony theft and in his attempt to flee apprehension, he kills Y. X is guilty of…

a. felony theft

b. aggravated robbery

c. murder

d. manslaughter

c. murder

X intentionally kills the homeowner of the residence he is burglarizing, X is guilty of…

a. murder

b. manslaughter

c. capital murder

d. criminally negligent homicide

c. capital murder

X intentionally kills his 5 year old child to get even with his estranged wife. X is guilty of…

a. murder

b. capital murder

c. manslaughter

d. criminally negligent homicide

b. capital murder

Officer X is fired upon by Armed Robber “Y”. X is justified in using deadly force and returns fire but strikes and kills “Z” an innocent bystander. X is guilty of…

a. murder

b. capital murder

c. manslaughter

d. no offense (self-defense rule)

c. manslaughter

“To restrain a person with intent to prevent his liberation by use of deadly force” is _____.

a. restraint

b. abduct

c. false arrest

d. terroristic threat

b. abduct

“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

b. restrain

“To intentionally restrain another person, without their consent” is…

a. restraint

b. kidnapping

c. aggravated kidnapping

d. unlawful restraint

“To intentionally abduct another person, without their consent”, is…

a. kidnapping

b. aggravated kidnapping

c. unlawful restraint

d. false arrest

a. kidnapping

“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

X abducts Z and holds for ransom. This is…

a. kidnapping

b. aggravated kidnapping

c. abduction

d. unlawful restraint

b. aggravated kidnapping

A man touches the breast of a woman employee at a bar, for his own sexual gratification, however the women is not offended. He’s guilty of…

a. disorderly conduct

b. public lewdness

c. indecent exposure

d. assault

b. public lewdness

Sam masturbates in front of a 10 year old child.

a. public lewdness

b. homosexual conduct

c. indecent exposure

d. indecency with a child

X urinated in public and was reckless about offending or alarming other people.

a. indecent exposure

b. public lewdness

c. homosexual conduct

d. none of these

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

Conduct doesn't constitute on offense unless it is defined as an offense by _____.

a. municipal ordinance

b. statute

c. order of a county commissioner's court

d. any of these

"A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury..." defines?

a. serious bidily injury

b. illegal knife

c. deadly weapon

d. weapon

"Consent is NOT effective if..."

a. induced by threat, force or fraud

b. given by an intoxicated person

c. given by a person with mental disease or defect

d. any of these

Element of offense means...

a. the forbidden conduct

b. the required culpability

c. any required result

d. all of these

Element of offense means the forbidden conduct, the required culpability, any required result. The one additional requirement left out is:

a. the negation of any guilt in the offense

b. the negation of any exception to the offense

c. the negation of any prima facie evidence to the offense

d. all of the above

"An individual, corporation or association"

a. individual

b. person

c. actor

d. none of these

What is the level of proof to convict a person of a criminal offense?

a. preponderance of the evidence

b. reasonale suspicion

c. reasonable doubt

d. beyond a reasonable doubt

If the issue of the existence of an "affirmative defense" is submitted to the jury, the defendant must prove the affirmative defense _____.

a. beyond a reasonable doubt

b. to a reasonable doubt

c. by a preponderance of the evidence

d. the defendant needs to prove nothing

"If the issue of the existence of an "affirmative defense" is submitted to the jury, the court shall charge that _____ on the issue requires the defendant be acquitted."

a. reasonable suspicion

b. reasonable doubt

c. beyond a reasonable doubt

d. preponderance of the evidence

"_____ 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

A threat to inflict bodily injury in the future on the perrson threatened or another.

a. harassment

b. assault

c. coercion

d. aggravated

A threat to harm a persons' credit or business repute.

a. identity theft

b. harassment

c. fraud

d. coercion

A threat to take or withhold action as a public servant.

a. official oppression

b. official misconduct

c. harassment

d. coercion

A person is _____ if the result would not have occurred, but for his conduct.

a. responsible

b. irresponsible

c. criminally negligent

d. criminally responsible

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

Which felony has a minimum jail time of six months?

a. 3rd degree

b. state jail

c. 2nd degree

d. 1st degree

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

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

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

A person convicted of a state jail felony that has 2 prior felony convictions (one subsequent to the first), shall be puished as a _____ felony.

a. 3rd degree

b. 2nd degree

c. 1st degree

d. state jail

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

A person convicted of a 2nd degree felony that has a prior felony conviction, can receive a maximum of _____ years in prison.

a. 10

b. 20

c. 99 to life

d. death

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

A person convicted of a class A misdemeanor, with a prior class A misdemeanor or felony conviction, must serve a minimum of _____.

a. 1 year in jail

b. up to 1 year in jail

c. 90 days

d. 180 days

A person convicted of a class B misemeanor, with a prior class B misdemeanor or felonly conviction, must serve a minimum of _____.

a. 180 days

b. 30 days

c. 60 days

d. 90 days

"X" causes the death of "Y:" while under the immediate influence of a sudden passion caused by adequate cause under the 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

"X" intentionally commits arson to a structure, and in the commission of the offense a firefighter arrives and is killed by "X," to prevent the firefighter from killing his fire. "X" is guilty of ?

a. aggravated

b. arson

c. murder 1st degree

d. manslaughter

e. capital murder

"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

What is the difference between murder and capital murder:

Capital murder is a murder of ______________

______________________

______________________

______________________

______________________

a child under age _____

-peace officer/firefighter on duty

-during kidnapping, burglary, robbery, arson, agg sexual assault

-obstruction, retaliation

-murder for pay, while in prison, during prison escape

-terrorist threat

-more than one person

-child under age 10

"X" comes home early from work 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

"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 offense

"X takes Z hostage during an armed robbery, to use as a shield and a hostage," X is guilty of?

a. agravated kidnapping

b. kidnapping

c. aggravated robbery

d. a & c

"X aducts Z at gun point, but never asked for ransom or harmed Z in any way," this is:

a. aggravated kidnapping

b. kidnapping

c. unlawful restraint

d. aggravated abduction by firearm

Aggravated kidnapping is a _____ degree felony.

a. 1st

b. 2nd

c. 3rd

d. none of these

Kidnapping is a _____ degree felony.

a. 1st

b. 2nd

c. 3rd

d. state jail

X voluntarily released Z (his aggravated kidnapping victim) in a safe place. X can reduce his offense to a _____ felony of this act.

a. 3rd degree

b. state jail

c. 2nd degree

d. 1st degree

X kidnaps 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

Primary difference between UNLAWFUL RESTRAINT & KIDNAPPING is _________________________

_____________________________________

______________________________________.

kidnapping = abducts

unlawful restraint = restrain

Kidnapping becomes AGRAVATED KIDNAPPING, if ________, ________, _______, _______,

________, or _______.

-if held for ransom

-used as a shield

-hostage/commit felony

-injury

-sex abuse

-terrorize or interfere with govt. function

abduct: restrain w/deadly force or hidden where not likely to be found

restrain: confine w/o consent

"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

"X" intentionally and knowingly abducts "Y" at gunpoint. X is guilty of ...

a. false imprisonment

b. aggravated kidnapping

c. kidnapping

d. terroristic threat

"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

""X" in the furtherance of the commission of an armed robbery of a store, abducts the store manager at gunpoint and used him as a "shied" to make a good escape. X is guilty of:

a. aggravatted kidnapping

b. kidnapping

c. false imprisonment

"X" intentionally and knowingly abducts "Y" by threatening him with DEADLY FORCE. X is guilty of:

a. aggravated kidnapping

b. kidnapping

The primary difference between ROBBERY & THEFT is ___

_________________________________.

Robbery becomes AGGRAVATED ROBBERY if: ______

______________________________.

- causes serious bodily injury

-uses deadly weapon

-threatens or causes bodily injury to someone over 65 or disabled

assault = serious bodily injury

-terroristic threat = threat of bodily injury

culpability -criminal mischief = intentional

-reckless damage = reckless

-arson = destruction limited to the fire

-criminal mischief = explosions,; damage beyond just the fire

-assault = bodily injury

- aggravated assault = serious bodily injury or use of a deadly weapon

Defference between HARRASSMENT & TERRORISTIC THREAT is:

a. __________________

b. __________________

terroristic threat = imminent serious bodily injury

harrassment = not imminent, by phone, mail

burgulary = any part of the body or extention

trespass = entire body

"X" sends "Y" a note, threating him with serious bodily injury, with the intent of placing "Y" in fear for his safety. X is guilty of...

a. terroristic threat

b. harassment

c. assault

d. aggravated assault

A drunken man was found unrinating in a public place, offending many witnesses, and was arrested. He was charged with ...

a. indecent exposure

b. disorderly conduct, offensive display

c. harrassment

d. sexual assault

A man intentionally threw paint on the walls of the Mayors' home, causing damage and inconvenience. The man is guilty of:

a. terroristic threat

b. reckless damage

c. criminal mischief

d. none of the above

Two men are seen kissing each other on the lips, in a public restroom

a. homosexual conduct

b. public lewdness

c. disorderly conduct

d. no offense

Deviate 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

c. penetration of the genitals or anus of another with an object

d. any of the above

Susie gives Sarah a massage and becomes sexually aroused and penetrates Sarah's genital with a vibrator. Neither woman is offended and it occurs in the privacy of Susie's bedroom.

a. no offense

b. public lewdness

c. homosexual conduct

d. indecency with a child

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

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 assault

c. indecent exposure

d. public lewdness

The penalty for queston # 8 (public lewdness) is a ____.

a. 3rd degree felony

b. state jail felony

c. class A misdemeanor

d. no offense

The penalty for Sam in question #4 (indecency with a child) is a ______.

a. 2nd degree felony

b. 3rd degree felony

c. state jail felony

d. class A misdemeanor

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

X strarts 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

X intentionally damaged property belonging to Z, without Z's consent. This is:

a. criminal mischief

b. reckless damange

c. criminal damage

d. deadly conduct

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

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

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

X intentionally sets fire to Y's pasture, destroying his hay field, without the consent of Y. This is:

a. crimianl mischief

b. felony criminal mischief

c. arson

d. reckless damage

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

X places toilet paper in the neighbor's trees, not damaging any of them but creating a substancial 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

Two men have a partnership in a taxi. One of the men destroys the taxi. This is:

a. criminal mischief

b. reckless damage

c. arson

d. no offense

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

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

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

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 owner's 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 excaped in the process with the ring. This is:

a. robbery

b. aggravated robbery

c. theft

d. felony theft

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

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

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

X walks into a bank, with a pistol visible to the teller, he passes at note to a teller that says " I have a gun put all the cash in this bag or I will shoot you." The teller complies and X flees. This is:

a. robbery

b. aggravated robbery

c. theft

d. felony theft

X removes a gas cap on a parked car and inserts a garden hose into the tank, wth 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

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

d. burglary of a habitation

d. burglary of a building

X remained concealed in the surplus store until after closing hours, without the owners' consent. X then began loading up camping equipment he inteded to remove. X is guilty of:

a. criminal trespass

b. robbery

c. theft

d. burglary of a building

X finds the door to a coin operated coke machine standing ajar. He opens the door and removes several cold cokes without aying 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

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

X is licensed "Concealed hadgun holder" and he entered a business wih 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 carring a weapon

c. violation of trespass by holder of license to carry concealed handgun

d. criminal trepass

X walks by a parked car that belongs to Y. X sees a watch laying on the console that belongs to Y and without the owner's 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 fo a motor vehicle

Burglary is a 1st degree felony if:

a. the premses are a habitation

b. it's with intent to commit a felony other than theft

c. it's committed at night

d. a & b

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

Burglary of a habitation is a _____ degree felony.

a. state jail

b. 3rd

c. 2nd

d. 1st

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

A man enters a garage and takes cash from a motor vehicle without the owner's consent.

a. criminal trespass

b. burglary

c. burglary of a vehicle

d. theft

A man takes $1,500.00 from a parked vehicle on a highway, without the owner's consent. The most serious offense is?

a. theft

b. burglary of a vehicle

c. burglary

d. robbery

“To threaten to harm someone, by an unlawful act, on account of their service as a witness or public servant,” is:

a. tampering with a witness

b. jury tampering

c. retaliation

d. obstruction

c. retaliation

“To influence a witness, a person confers a benefit on a witness in an official proceeding, to withhold information of testimony,” is:

a. tampering with a witness

b. bribery

c. retaliation

d. obstruction

a. tampering with a witness

“To threaten to harm another, by an unlawful act, to prevent or delay the service of another as a complainant or would be complainant of a crime,” is:

a. tampering with a witness

b. obstruction

c. retaliations

d. coercion

b. obstruction

X stops Y for “disregarding a stop sign.” Y wraps a $100.00 dollar bill about her drivers license, and hands it to the officer X saying “Can’t we just handle this here and not make a court case out of this?” X says “This time it’s a warning,” takes the $100.00 dollars and returns the drivers license to Y. What offense(s) occurred here?

a. bribery against Y

b. soliciting a bribe against X

c. accepting a bribe against X

d. a and c

A statement is “MATERIAL” to a case in court if it _______.

a. could affect the outcome of the proceeding

b. pertains to the case

c. supports the case

d. none of the above

a. could affect the outcome of the proceeding

To make a false statement, under oath, is only perjury if:

a. the intent was to deceive

b. it is made with knowledge of its meaning

c. made by a Peace Officer

d. a and b

“To knowingly make a false statement, that is material to criminal investigation, to an employee of law enforcement agency conducting the investigation,” is:

a.false report to a peace officer perjury

b.aggravated perjury

c.a criminal offense

d.false report to law enforcement employee

X finds his wife dead in their home. He calls the police and destroys the suicide note before they arriver (because he knows their insurance will not pay in case of suicide). X has committed what offense?

a. murder

b. aiding a suicide

c. fabrication of physical evidence

d. tampering with physical evidence

X kills his wife by poison. He then leaves a typed “suicide note” and puts his wife’s fingerprints on the note, post-mortem. He locks the bedroom door and closes it from the outside so he can break it in to create the illusion that she had committed the suicide in her locked bedroom. X calls the police. X (aside from murder) has committed what violations at the scene?

a. tampering with physical evidence

b. fabrications of physical evidence

c. falsifying a report to law enforcement employee

d. no offense at the scene

b. fabrications of physical evidence

X has graduated from a TCLEOSE basic peace officers course. X has not been hired by a law enforcement agency yet, but he has bought the complete police uniform, complete shoulder patches, badges and collar devices. X wears the complete uniform today to the corner Stop-N-Go, to get tree coffee “just like the real police.” X has no commission of identification as a peace officer. X has committed what offense, if any?

a. no offense

b. impersonation a public servant (peace officer)

c. false identification as a peace officer

d. theft of service by fraud

b. impersonation a public servant (peace officer)

To knowingly possess a police badge, shoulder patch or insignia, when not a peace officer and without the intent to induce another to submit to his authority, is the offense of:

a. possession of false identification as a peace officer

b. impersonating a peace officer

c. fraud

d. no offense

a. possession of false identification as a peace officer

“Custody,” means:

a. under arrest by a peace officer

b. under restraint by a public servant, pursuant to a court order

c. under restraint by an agent or employee of a correctional facility for criminal offense

d. any of the above

“Escape,” means:

a. unauthorized departure from custody

b. failure to return to custody following temporary leave

c. violation of community service or parole

d. all of the above

e. a and b

Y, a witness to a crime gives Detective X his correct name but intentionally gives a false date of birth. Y can be charged with:

a. falsifying a report to a peace officer

b. failure to identify

c. hindering investigation

d. no offense as listed

b. failure to identify

X arrested burglar Y, in the act of burglary. X advised Y of his right to remain silent under MIRANDA, and Y now refuses to answer any questions, including his name, address, and date of birth. Y can be charged with:

a. failure to identify

b. hindering an investigation

c. resisting an arrest

d. no offense

a. failure to identify

X is arrested for robbery by officer Z. As Z attempts to put X in the patrol car to transport, X’s brother Y tries to prevent the officer from doing this by closing the patrol car door before X can be seated. Y can be charged with:

a. resisting arrest

b. resisting search

c. hindering prosecution

d. resisting transportation

Primary difference between RESISTING ARREST and HINDERING APPREHENSION is:

a. actor vs. supporter

b. use of force

c. hinder vs. obstruct

d. none of these

b. use of force

X runs from the savings and loan with a pistol in his hand and a bank of cash as the alarm goes off. Officer Z gives pursuit on foot in full police uniform and yells for X to stop. X refuses to stop and runs a block before he is tackled and handcuffed by Z. X fights Z during this attest but Z is uninjured. X is guilty of:

a. escape and resisting arrest

b. evading arrest and resisting arrest

c. aggravated robbery only

d. none of these

b. evading arrest and resisting arrest

X runs a motel and knows the police are there to arrest his friend in room 110. X calls the room before the police can get upstairs and warns his friend so he can get away. X is guilty of:

a. accessory to robbery, after the fact

b. resisting arrest

c. hindering apprehension

d. hindering prosecution

c. hindering apprehension

A person commits an offense if he escapes from custody when he is:

a. charged with an offense

b. convicted of an offense

c. under arrest for an offense

d. any of these

Guard X, at the county jail, knows the prisoner Y was arrested unlawfully. Guard X leaves the cell door and the exterior doors to the jail unlocked with the intent to allow Y to escape and get a good lawyer. Y does escape. X is guilty of:

a. permitting an escape

b. escape

c. facilitating an escape

d. no offense if arrest was unlawful

c. facilitating an escape

Failure to appear is a felony offense if…

a. amount of bail exceeds $1,000.00 dollars

b. amount of bail exceeds $10,000.00 dollars

c. the actor has two prior offenses

d. the offense he’s on bail for is a felony

Bail jumping and failure to appear is a _______ unless the original offense is a Class C misdemeanor or felony.

a. State Jail Felony

b. Class A misdemeanor

c. Class B misdemeanor

d. none of these

b. Class A misdemeanor

X was stopped on traffic by Officer z. X was irate and as Officer Z attempted to calm him down, he stopped too close and x grabbed Officer’s Z’s duty weapon in an attempt to take it in order to harm the officer. Z executed proper weapon retention tactics and kept his weapon and handcuffed X. X is guilty of…(most serious offense)

a. Resisting arrest

b. Attempting to take weapon from peace officer

c. Escape

d. None of these

b. Attempting to take weapon from peace officer

Deputy Constable Z was attempting to serve Mr. X a civil writ. Z asked X if he was the person named on the writ and X lied to avoid being served. X is guilty of:

a. Failure to identify

b. False report to a peace officer

c. Preventing execution of civil process

d. Hindering prosecution

c. Preventing execution of civil process

“A public servant with intent to obtain a benefit, intentionally misuses government property or services by virtue of his office or employment,” is committing the offense of:

a. official oppression

b. Abuse of official capacity

c. Misuse of official information

d. Corruption/bribery

A peace officer commits official oppression, if he intentionally subjects another to _______ under color of his office

a. Unlawful arrest, search or seizure

b. Mistreatment or unlawful arrest

c. Sexual harassment

d. any of the above

b. Mistreatment or unlawful arrest

Officer Z has arrested Miss X on traffic violations. She offers Z sex for her release. Z accepts her offer and upon completion of the sexual conduct, Z denies the oral agreement and books X in jail. Z can be charged with…(most serious)

a. Violation of civil rights of a person in custody

b. Official oppression

c. Improper sexual activity with person in custody

d. Breech of contract

c. Improper sexual activity with person in custody

X (a prison guard) intentionally denies inmate Y basic daily privileges to eat in population, exercise and exit his single cell. X knows his conduct violates the prison policy on “isolation” but because Y is a murderer, he feels he has it coming. X can be charged with:

a. Nothing

b. Violation of civil right of a person in custody

c. False arrest and detention

d. Abuse of office

b. Violation of civil right of a person in custody

Officer Z while interrogating burglar, has refused to let X’s attorney talk to X and has subjected X to 14 days of continuous interrogation against his will, even though Z knows this is unlawful Z can be charged with…

a. Violation of civil rights of a person in custody

b. Official Oppression

c. Improper activity with a person in custody

d. Both A & B

To knowingly engage in sexual conduct for a fee, is:

a. pandering

b. prostitution

c. solicitation

d. deviate sexual intercourse

X offers to pay Miss Y $50.00, to allow him to simply touch her breast. Miss Y agrees on the condition that there is no further sex play and no intercourse. X receives sexual gratification from the touch and pays the astonished Miss Y the $50.00. What offense(s) has occurred?

a. prostitution: on X for soliciting

b. prostitution: on Y for agreeing to engage in sexual conduct for a fee

d. promotion of prostitution on X

d. a and b

X owns a motel that rents rooms by the hour. X allows the 5 prostitutes that work his block to use the rooms for a share of the proceeds in exchange for free lodging for the girls. X has committed:

a. prostitution

b. promotion of prostitution

c. aggravated promoton of prostitution

d. no offense

A known "Pimp" has one prostitute that works for him. He provides her clients, clothing, transportation, medical expenses and protection. She gives him 80% of her take, The pimp is guillty of:

a. promotion of prostitution

b. aggravated promotion of prostitution

c. compelling prostitution

d. prostitution

Promotion of prostitution becomes aggravated promotion of prostitution when the pimp is running _____ prostitution.

a. five or more

b. two or more

c. more than two

d. more than one

Pimp X just added a new girl to his string. She is 16 and very experienced and is excited to have a strong protector and provider as X. X is now guilty of ..(most serious offense)

a. aggravated promotion of prostituion

b. compelling prostitution

c. prostitution

d. promotion of prostitution

Miss X owes pimp Y money for last weeks crack cocaine she used. She can't pay, so Y forces X to prostitute for a few weeks til the debt is paid off. X does not want to do this but fears for her life if she doesn't. Y is most guilty of:

a. aggravated promotion of prostitution

b. compelling prostitution

c. promotion of prostitution

d. delivery with intent to sell cocaine

"Sexual conduct" includes which of the following?

a. sexual contact

b. sexual intercourse

c. deviate sexual intercourse

d. all of the above

Which of the below is NOT sexual contact?

a. touching of the anus or breasst of another person to gratify the sexual desire of any person

b. touching of the genitals of another person to gratify the sexual desire of any peson

c. contact between the mouth of one person and the genitals or anus of another person

d. they 're all sexual contact

Prostitution is an offense of _____.

a. Class B misdemeanor on 1st offense

b. Class A misdemeanor on 1st offense

c. 3rd degree felony on 1st offense

d. 2nd degree felony on 1st offense

A person who possess _____ obscene devices or identical or similar obscene articles, is presumed to possess with intent to promote

a. twelve or more

b. six or more

c. more than six

d. none of these

X hangs a calendar displaying nude photographs of women in sexual positions in the front lobby of his business, because the men really like them. X can be charged with:

a. obscenity

b. promotion of obscenity

c. obscene distribution

d. obscene display

X runs an adult bookstore. You observe him sell a magazine containing photos of ultimate sexual acts and complete nudity to an 18-year-old high school student. This is:

a. sale of harmful materials to a minor

b. obscene distribution

c. promotion of obscene materials

d. wholesale promotion of obscene materials

X, a retailer of ADULT MAGAZINES sells a magazie about bestiality and sodomy, wth very graphic nude photos illustrating the ultimate acts, knowingly to a 17 year old. X has committed:

a. retail transction only

b. sale of harmful material to a minor

c. obscene distribution

d. promotion of obscene materials

X, knowing the character and content of the film, induces a 16-year-old girl to star in the movie. It will involve only simulated sexual intercourse and she will receive $5,000.00for her part. Her mother consents and signs the contract for her daughter. What offense(s) have occurred?

a. none

b. sexual performance by a child, against X

c. sexual performance by a child, against mom

d. both b and c

What offense would the "Director", "Producer" or "Promoter" of the film in question #5 is guilty of, if they know the character and content of the film?

a. sexual performance by a child 3rd degree felony

b. employment harmful to children

c obscene display

d. none of these

X runs a licensed "Topless bar." He needs younger looking waitresses and hires a 17-year-old female to only wait tables but she must work topless. She is told not to dance or serve alcoholic beverage. X is guilty of:

a. employment harmful to children

b. no offense

c. child pornography

d. harmful display of a minor

X offers to sell "Undercover officer," Z a videotape of children engaging in oral sex and sodomy, all nude, all under the age 18, for only $50.00. X has committed:

a. possession of child pornography

b. promotion of pornography

c. oscenity

d. no offense

"Child" as defined in chapter 43 of the penal code is, "anyone _____."

a. age 18 or older

b. under age 21

c. age 10 or older but under age 21

d. under age 18

"An instrument that is specifically designed, made, adapted or used for the purpose of inflicting serious bodily injury or death by striking a person with the instrument," is a:

a. illegal knife

b. throwing knife

c. club

d. brass knuckles

Which of these is a "short-barrel" firearm?

a. rifle with a 16 inch barrel

b. shotgun with an 18 inch barrel

c. rifle or shotgun with an adapted overall length of less than 26 inches

d. they are all short barrel firearms

"any device designed, made or adapted to expel a projectile through a barrel by using energy generated by explosion or burning substance or any device readily convertible to that use," defines:

a. firearm

b. explosive weapon

c. handgun

d. zip gun

"A device that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel, by using the energy generated by an explosion or burning substance," defines:

a. firearm

b. explosive weapons

c. blow-gun

d. zip gun

Which of the below is not covered in "Unlawfully Carrying a Weapon?"

a. handgun

b. illegal knife

c. club

d. shotgun

Which of the below is an "Illegal Knife?"

a. knife with a blade over 5 1/2 inches long

b. throwing knives

c. bowie knife

d. all of the above

Which of these are "places where weapons are prohibited?"

a. school grounds and secured areas at airports

b. polling places on Election Day

c. courtrooms and racetracks

d. all of the above

X is a licensed "Concealed hangun holder" and is stopped by the police on his way home. X is determined to to be publicly intoxicated and is arrested while searching X before transporting, the officers find a handgun on him. What can X be filed on for?

a. public intoxication

b. unlawfully carring a weapon

c. unlawfully carrying a handgun by a license holder

d. a and c

A licensed concealed handgun holder commits an offense if he:

a. intentionally fails to conceal his handgun

b. recklessly carries a concealed handgun to a high school football game

c. knowingly carries a consealed handgun onto licensed premises for sale and consumpton of alcoholic beverages

d. all of the above

You are on patrol and see X, a known convicted felon that has only been out of prison for 1 year, sitting on the porch of his house cleaning a shotgun. What offense has X committed?

a. unlawful possession of a firearm by a felon

b. unlawfully carryig a weapon

c. deadly conduct

d. no offense

When can a convicted felon, have a firearm legally?

a. never

b. after the 5th anniversary of his release from prison, parole supervision

c. only at his residence

d. b and c

Officer Z stops a convicted felon on traffic. The felon has an antique black powder revolver, circa 1860, on the front seat with him. The felon is guilty of:

a. unlawfully carrying a weapon

b. unlawful possession of a firearm by a felon

c. carryng a prohibited weapon

d. no offense, other than traffic

X knowingly loans a handgun, to use in the commission of a crime. X is guilty of

a. criminal solicitation

b. accessory prior to the fact

c. unlawful transfer of firearm

d. no offense

X wraps six individual highway flares in a brown paper bag to resemble TNT and then straps them in a bundle with an alarm clock attached and two protruding wires (red and blue in color). Satisfied that this looks like a real bomb, he transports it to the drive in window of his bank, with intent to frighten the rude teller that works there. X is guilty of:

a. aggravated robbery

b. possession of explosive weapon

c. possession of hoax bomb

d. no offense, since it is not a real bomb

X has quietly been buying up ingredients to build a letter bomb to send to the judge that sent him to prison 10 years ago. X confides in his buddy Y and shows him the supplies in his basement. Y calls officer Z and armed with a warrant, officer Z enters X's basement and observes the mercury, C-4, electric blasting caps, wire, cotton and other components for a letter bomb, howerver the bomb has not been assembled or mailed. X is guilty of:

a. nothing

b. possession of components for explosive weapon, with criminal intent

c. possession of explosive weapon

d. possession of hoax bomb

Security guard X leaves his loaded .357 revolver on the television set in his den of his home and before going to take a nap he tells his two boys ages 9 and 12, to quietly watch TV and not make any noise. X is awakened by the sound of his pistol being fired into his TV set by his 12 year old that he knew he could outdraw the villain in the movie. What offense if any occured?

a. making a firearm accessible to a child, against X

b. minor in possession of a firearm, against X's son

c. unlawful discharge of a firearm, against both sons

d. no offense...not in a public place

Which one of these is not disorderly conduct?

a. Intentionally uses vulgar language in a public place, which tends to incite a breach of the peace.

b. Knowingly makes offensive gestures in a public place, which tends to incite a breach of peace.

c. Knowingly exposes his anus or genitals and is reckless about whether another may be present who will be offended.

d. They are all disorderly conduct.

To have a riot, requires the assemblage of _____ persons, resulting in statutory prohibited conduct, under 42.02.

a. three or more

b. less than seven

c. seven or less

d. seven or more

Firefighters are unable to enter an apartment building to put out a fire because Mr. X is blocking the doorway. The firemen have asked him to step aside but he remarked "You are not the cops, you can't make me!" X can be charged with:

a. nothing, he lives there

b. obstructing a highway

c. obstructing a passageway

d. hindering emergency responders

If there is a large crowd gathered to hear a speech and the crowd is either too loud or blocking the public streets or passageways, before an arrest can be made, the actor must be ordered to move or remedy the violation by ___.

a. a peace officer

b. a firefighter

c. a person wth authority to control the use of the premises

d. any of the above

X intentionally disrupted the meeting at city hall by shouting vulgar language in the meeting X is most guilty of ...(most serious offense)

a. riot

b. disorderly conduct

c. obstructing civil meeting

d. disrupting a meeting

Student X, in order to get out of a semester exam, intentionally sets off the school alarm, causing an evacuation of the school. X is guilty of...

a. disorderly conduct

b. harassment

c. false alarm

d. terroristic threat

Obscene phone calls are commonly filed as an offense of _____.

a. harassment

b. terroristic threat

c. disorderly conduct

d. none of these

X sends Y a letter, in which he threatens to rape Y's sister. This is:

a. terroristic threat

b. harassment

c. sexual assault

d. disorderly conduct

Causing the telephone of another to repeatedly ring and hang up, is:

a. no offense

b. disorderly conduct

c. harassment

d. public nuisance

To file "STALKING" the actor must cause the victim to be in fear of:

a. bodily injury or death for him or herself

b. bodily injury or death from members of family or household

c. offenses against the persons' property

d. All of the above

e. only a and b above

X trains pit bulls to fight in dogfights in another state where the sport is legal. His training camp is in Texas and he gets the dogs in fighting conditions by torturing them daily and depriving them of food and water for several days before each contest. X is guilty of:

a. dog fighting

b. no offense in Texas

c. cruelty to animals

d. a and c

X shoots his neighbors' cow with rock salt from a shotgun, for crapping on his garden. The cow ran home in pain but was not injured. X is guilty of:

a. cruelty to animals

b. deadly conduct

c. disorderly conduct

d. none of these

Two freshmen are pledging a fraternity and as part of their initiation they must obtain a human corpse. They know it would be illegal to dig one up from a graveyard so they borrow one from the morgue and leave a note for the attendant that they will bring the body back in 24 hours, unharmed. These 2 are most guilty of:

a. felony theft

b. desecrating a venerated object

c. abuse of corpse

d. theft of corpse

To "threaten someone of bodily injury" can result in either the charge of ASSAULT or HARASSMENT. What is the primary difference?

a. amount of threatened injury

b. method of issuing the threat

c. level of punishment for each act

d. b and c

"Intoxication means not having the normal use of mental or physical faculties by reason of the introduction of..."

a. alcohol into the body

b. drugs, dangerous drugs or combinations of substances into the body

c. alcohol concentrations of 0.08 or more

d. all of the above

To prove the case of "Public Intoxication," a person must

a. appear in a public place while intoxicated

b. appear in a public place, so intoxicated that he is a danger to himself or others

c. appear in a public place smelling strongly of alcoholic beverages

d. none of these

Officer Z stops speeder X on traffic. While stopped, Z notices passenger Y consuming an alcoholic beverage in the motor vehicle. Y is guilty of:

a. speeding

b. consuming alcoholic beverage in a motor vehicle

c. a and b

d. possession of open container in motor vehicle

Which of the below are the case elements of Driving while intoxicated (D.W.I)?

a. a person operates a vehicle, while intoxicated, on a public street

b. a person operates a vehicle, while intoxicated

c. a person operates a vehicle, while intoxicated, in a public place

d. a person operates a vehicle while consuming an alcoholic beverage

First offense of D.W.I. with an open container of alcoholic beverage in the drivers' immediate possession requires _____ minimum jail time.

a. 72 hours

b. 6 days

c. 30 days

d. 15 days

First offense of boating while intoxicated, requires a minimum jail time of:

a. 3 days

b. 15 days

c. 30 days

d. 72 hours

Officer Z was patrolling the fair grounds and found Mr. X assembling a mobile amusement ride while intoxicated. Mr. X could be arrested for:

a. public intoxication

b. operating an amusement ride while intoxicated

c. driving while intoxicated

d. assembling an amusement ride while inoxicated

Mr. X while intoxicated, was operating an amusement ride and caused serious bodily injury to one of the customers. He can be charged with:

a. aggravateed assault

b. operating an amusement ride while intoxicated (enhanced penalty)

c. intoxication assault

d. assault

Mr. X had assembled a moblie amusement ride while he was intoxicated and several days later, that ride caused the serious bodily injury of a customer due to the way he assembled it. Mr. X can be charged with:

a. intoxication assault

b. attempted intoxicaton manslaughter

c. assembling an amusement ride while intoxicated

d. agravated assault

Mr. X was intoxicated while operating an amusement ride and caused the death of a customer by mistake. He could be charged with:

a. intoxication assault

b. intoxication manslaughter

c. operating an amusement ride while intoxicated

d. murder

Mr. X had assembled a mobile amusement ride while he was intoxicated. Due to the way he assembled the ride a child was killed the next day. Mr. X was unaware of the defect. He can be charged with:

a. nothing

b. murder

c. intoxication manslaughter

d. assembling an amusement ride while intoxicated (felony)

"A combination involves _____ persons who collaborate in carrying out criminal activities."

a. 7 or more

b. 3 or more

c. 2 or more

d. 3

Which of the following is NOT true about a combination?

a. participants may not know each other

b. membership in the combination may change from time to time

c. participants may stand in a wholesale-retailer or other "arms-length" relationship, in illicit distribution

d. none of the above

"Three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities."

a. combination

b. juvenile gangs

c. criminals

d. criminal street gangs

If a person participates in a combination for profit or in a criminal street gang, and commits one or more major crimes as listed in 71.02 of the penal code, he has committed the additional offense of:

a. engaging in organized criminal activity

b. engaging in organized criminal conspiracy

c. criminal episode

d. money laundering

Which of these is not an offense under 71.02 Penal Code?

a. capital murder

b. unauthorized use of a motor vehicle

c. sexual assault

d. assault less than a Class A

A person convicted of the offense "engaging in organized criminal activity," is punishable by:

a. state jail felony

b. one category higher offense than the most serious offense committed

c. if the most serious offense was a Class A misdemeanor, then he's punished as a state jail felony

d. b and c

A party to an offense under "organize crime" that is required to testify or give evidence about the offense:

a. will still be prosecuted, but one level offense lower than committed

b. no evidence or information derived from is testimony may be used against the witness in any criminal case

c. witness has immunity from all but aggravated perjury or contempt

d. b and c