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TEXAS PENAL CODE EXAM 2025
QUESTIONS AND ANSWERS GRADED A+
A person commits which offense if he intentionally or knowingly abducts another person with intent to terrorize him.
aggravated kidnapping
Texas has jurisdiction of an offense for a person's conduct of another if:
-conduct outside TX constitutes an attempt to commit an offense inside TX
-conduct outside TX constitutes a conspiracy to commit an offense inside TX and an act in furtherance occurs in TX
-conduct or result that is an element of the offense occurs inside TX
Which offenses are punishable by the death penalty?
- a person while incarcerated in a penal institution, cases the death of an employee in the operation of the penal institution
- a person causes the death of another for remuneration or promise of remuneration
Jason abducts the son of the judge presiding over his brothers criminal case. Jason calls the judge and lets him hear his son crying and tells the judge "imagine what could happne if jerry jones (jason's brother) is convicted in your court". Jason then releases the son unharmed at a quick trip. which is the most serious offense?
Aggravated kidnapping
Which of the following is NOT an object of the code?
A. to insure public safety through deterrent influence of penalties
B. to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction
C. to protect the community from civil misconduct
D. to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individuals or public interests.
C
Computation of age is defines as:
person attains a specified age on the day of the anniversary of his birthdate
An offense so designated by law or punishable by fine, by confinement in jail, or both defines?
Misddemeanor
Serious bodily injury
The prosecutor must prove which of the following beyond a reasonable doubt:
-culpable mental state
-negation of exceptions
-elements of the offense
If a person is aware of the nature of his conduct or to circumstances surrounding his conduct that the circumstances exist, the person acts:
knowingly, or with knowledge
Bodily movement, whether voluntary or involuntary, and includes speech defines?
Act
It is an affirmative defense to prosecution that at the time of the conduct charged, the actor has a result of a severe mental defect, did not know that his conduct was wrong. This defines:
Insanity
Robert, 18, asked Angela, 14 to his prom. While taking her home after the dance, eh and Angela engaged in sexual contact in the back of the limo. Angela's mother found out when she overheard Angela describing the evening in a phone conversation. Robert should be charged with:
A. deviate sexual intercourse
B. indecent exposure
C. indecency with a child
D. public lewdness
indecency with a child
Which of the following are effects of the code?
-conduct is not an offense unless it is defined as an offense by statute
-punishment affixed to an offense defined outside the penal code shall be applicable unless punishment is classified in accordance with the code
- conduct does not constitute an offense unless defined by order of a county commissioner's court
Michael convinces an 11 year old boy to dance naked for him but did not touch the boy. Michael should be charged with?
indecency with a child, 3rd degree felony
Act or omission and its accompanying mental state defines?
If a person causes the death of another with criminal negligence, he should be charged with?
criminally negligent homicide, state jail felony
If it shown on trial of a state jail felony that the defendant has 2 previous felony convictions, and the 2nd occurred after the 1st was final. The punishment upon conviction will be?
2nd degree felony
If a person with specific intent to commit an offense, does an act amounting to more than mere preparation but fails, he should be charged with?
criminal attempt
A person manufactures a criminal instrument, with knowledge of its character and with intent to aid or permit another to use it in the commission of an offense, he should be charged with?
criminal instrument, state jail felony
What is the appropriate punishment for killing a uniformed police officer in the line of duty?
Life in prison without parole or death
If a person is aware of but consciously disregards a substantial and unjustifiable risk that circumstances exist or the result will occur, he acts?
recklessly, or is reckless
If a person is induced by a law enforcement agent and not merely given an opportunity to commit the offense, he may claim which as a defense?
entrapment
If it shown on trial of a 3rd degree felony that the defendant has previously been finally convicted of a felony other than a state jail, on conviction he shall be punished by?
2nd degree felony
If a defendant is convicted and receives a maximum sentence of 10 years confinement and $10,000 fine, he was convicted of a?
3rd degree felony
If a person with intent to commit a capital felony requests, commands, or attempts to induce another to engage in specified conduct, he should be charged with?
-in an attempt to carry out a conspiracy, another felony is committed by one of the conspirators
A person holds a reasonable but mistaken belief about a fact, and that mistaken belief negates the culpability required for an offense describes?
mistake of fact
If a person is engaged in a felony offense bc he was compelled to do so by threat of imminent death or serious bodily injury to himself or another, he may assert the defense of?
duress
OTHER ADDITIONAL TCOLE QUESTIONS
Agg Robbery offense type
1st Degree Felony
what makes a robbery to Agg robbery?
Must exhibit a weapon - causes or fear of SBI/Death - causes or fear BI/Death over 65 years age or disabled
Weapon
Anything that can cause SBI or death
Agg sexual assault
Must exhibit a weapon - child under 14
John (30 years old) had consent to have sex with his new friend sam (13 years old) what's the charge?
Agg sexual assault because sam is under 14 which makes her a child and under 17 therefore she can not give effective consent
Alan went to same club to steal Tv worth $100, and pushed the security guard down as he left causing him to fall. Security guard felt pain. what's the charge?
it would've been a simple class B theft (class C is $99 and under) but its ROBBRY because he caused BI to security guard.
Kate went to best but and stole a iPhone charger worth $15 and pointed a stick with nails sticking out the side to the loss prevention officer but eventually pushed the officer down on her way out only causing a minor scrape. what's the charge?
It would be a class c theft but she presented a weapon so its AGG ROBBERY
King touches marry chest where she has a cross hoping he would offend her. what's the charge?
Assault class C
Alan decided to take his neighbors 9 year old daughter without consent and keep her in his farm far away. what's the charge?
Agg Kidnapping because she a child under 14
Alan decided to take a 17 year old kid without consent and gets stopped by cop and uses her as a shield to run away. what's the charge?
Agg Kidnapping because he used her as a shield to evade detention
Alan without consent takes a 18 year old kid and decided to drop her off couple blocks away because he had a change of heart. what's the charge?
Kidnapping
Alan decided to take a piss outside the patrol unit recklessly in broad daylight with no cover. what's the charge?
indecent exposure because he was reckless if someone would be offended or alarmed with his genitals or anus
John jerks off behind a bush while watching yoga moms stretch. what's the charge ?
Indecent exposure because he was only rubbing his meat stick off and reckless wether anyone saw him (public lewdness if he was having sex in public)
Susan has sex with her first cousin. what's the charge?
Prohibited Sexual conduct because they are family.
Alan left his car running and his 16 year old son In the car with a 1 month old baby in the car alone for 4 minutes and car was on. what's the charge?
No charge because someone over 15 is present with the child under 7 years old and the car is on and the dad took less than 5 minutes. Car being on doesn't change anything
Alan left his car running and his 11 year old son In the car with a 1 month old baby in the car alone for 6 minutes. what's the charge?
Leaving child in vehicle class c because he took longer than 5 mins, no one over 15 was present with the child whose under 7 years old
Mike has car sex with Juan behind the Walmart parking spot. what's the charge?
Tom decided to break Adams stuff and causing him financial loss and then decided to cause Adam inconvenience by letting air out his tires. what's the charge?
Criminal mischief because he caused finance loss and an inconvenience on the tires.
John started yelling at Alan in a busy store vulgar words that offended some black people. what's the charge?
Disorderly conduct because he committed breach of the peace by yelling vulgar language
John committed a breach of the peace. what's the charge?
Disorderly conduct
John started fighting Alan in public. what's the charge?
Disorderly conduct
Alan took Cheyannes credit card she threw away and used it to try and amazon stuff (card was expired). what's the charge?
Credit card abuse, doesn't matter if its expired
A high school teacher tries to have sex with her student who's 19 yea old. what's the charge?
Improper relationship between educator and student, doesn't just have to be sex, it can be him touching her boobs or vice versa.
Alan appears drunk but his two friends are carrying him on the side walk. whats the charge?
No charge because he is not a danger to himself or others since his friend are carrying him.
Alan stumbles outside the bar about to walk the busy road. what's the charge?
Public intoxication because he's a danger to himself or others
Mrs jack is driving drunk with a BAC of .017. what's the charge and penalty level ?
DWI class A because anything over .015 is a a and anything under .015 but higher than .08 is a class B and under .08 is no charge
deadly conduct because he recklessly shot it up regardless if there was people there. same goes for cars and stores
Alan shot up a yellow house where the opps live. whats the charge?
Agg assault because he intentionally shot it up regardless if people live there. same goes for stores and cars.
Alan visits Garrys house but Garry has a protective order against Alan and an officer sees this action. Garry tells the officer it's ok I want alan here anyways. whats the charge?
Violation of protective order and officer MUST arrest if happened in their presence but MAY if it didn't happen in their presence. The Order remains in effect unless judge says otherwise.
Alan slaps his friend because he got mad and they shared a room back in college 89 years ago. whats the charge?
Family violence assault, because no matter how long ago it was or how many days, long as they lived together, they are considered family for life
Alan drives drunk and kills marry. whats the charge?
Intoxicated manslaughter
Alan Robs the gas station and kills the clerk. whats the charge and penalty?
Capital murder because when I killed him, I was commit another felony (agg robbery). same goes for all other felonies and they kill someone.
Alan breaks and steals the quarters from gum ball machine. whats the charge?
Burglary of a coin operated machine
Alan lights up a ciggerate in an elevator. whats the charge?
smoking tobacco
Alan in open carrying a handgun at 19 inside Walmart. whats the charge?
Unlawful carry of weapon
Alan is carrying s handgun in a poll voting place. whats the charge?
Place weapons prohibited
