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Penal Code (49 & 71)
Penal Code chapers 49 &71
18
Law
Professional
08/14/2013

Additional Law Flashcards

 


 

Cards

Term

"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

 

Definition
d.  all of the above
Term

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

 

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

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

Definition
d.  possession of open container in motor vehicle
Term

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

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

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

 

Definition
b.  6  days
Term

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

 

a.  3 days

b.  15 days

c.  30 days

d.  72 hours

Definition
d.  72 hours
Term

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

Definition
d.  assembling an amusement ride while inoxicated
Term

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

Definition
c.  intoxication assault
Term

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

Definition
a.  intoxication assault
Term

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

Definition
b.  intoxication manslaughter
Term

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)

Definition
c.  intoxication manslaughter
Term

"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

Definition
b.  3 or more
Term

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

Definition
d.  none of the above
Term

"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

Definition
d.  criminal street gangs
Term

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

Definition
a.  engaging in organized criminal activity
Term

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

Definition
d.  assault less than a Class A
Term

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

Definition
d.  b and c
Term

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

Definition
d.  b and c
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