Texas Penal Code Exam Questions And
Answers 100% Verified
Culpable Mental States
Intentional, Knowing, Reckless, Criminal Negligence
Restrain
To restrict a person's movement WITHOUT CONSENT, so as to interfere substantially with the persons
liberty.
Accomplished by force, intimidation or deception.
Abduct
-Secreting or holding a person in a place where it is not likely to be found.
-Using or threatening to use deadly force.
Act
Bodily movement, whether voluntary or unvoluntary and includes speech.
Actor
a person who is criminally responsibility is in issue in a criminal action. When the term "suspect" is
used in this code, it means actor.
Benefit
Anything reasonably regarded as economic gain or advantage, including any other person in whose
welfare the beneficiary is interested.
Bodily Injury
Physical pain, illness, or any impairment of physical condition.
Coercion
Persuading someone to do something by using force or threats
Conduct
An act or omission and its accompanying mental state.
Consent
Permission to do something
Element of Offense
The forbidden conduct
The required culpability
Any required result
The negation of any exception to the offense
Deadly Weapon
,A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or
serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily
injury.
Possession
Actual care, custody, control, or management.
Serious Bodily Injury
Bodily injury that creates a substantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Consanguinity
Blood relationship
Affinity
A likeness, a natural relationship, a kinship
Criminal Episode
The commission of 2 or more offenses, regardless of whether the harm is directed toward or inflicted
upon more than one person or item. Common scheme/Similar offenses.
Homosexual Conduct was found unconstitutional because of what case?
Lawrence V. Texas
Intentionally
deliberately, on purpose
Knowingly
The mental state of awareness in conduct crimes and, in result crimes, awareness that it's "practically
certain" that the conduct will cause the bad result
Recklessly
Careless; without caution
Negligence
Failure to take proper care in doing something
Unlawful Restraint
INTENTIONALLY or KNOWINGLY:
-Restrains another person
CLASS A
SJF- If the child is younger than 17
,F3- If the child is exposed to a substantial risk of SBI
What is an affirmative defense to unlawful restraint?
1) the person restrained is 14 or older and younger than 17 years of age
2) the actor was a relative
3) the actor's sole intent was to assume lawful control of the child.
Kidnapping
INTENTIONALLY or KNOWINGLY:
-Abducts another person.
THIRD-DEGREE FELONY
What is an affirmative offense to kidnapping?
1) abduction not coupled with intent to use or to threaten to use deadly force
2) actor was relative of the person abducted
3) actor's sole intent was to assume lawful control of the victim.
Aggravated Kidnapping
INTENTIONALLY or KNOWINGLY
Abduct another with intent to:
- Hold him for ransom/reward
- Use him as a shield/hostage
- Facilitate the commission of a felony OR the flight after the attempt or commission of a felony
- Inflict bodily injury on him or violate or abuse him sexually- Terrorize him or third person
- Interfere with the performance of any governmental or political function
FIRST-DEGREE FELONY
T/F. When an actor uses or exhibits a deadly weapon during the commission of a kidnapping it
becomes an aggravated kidnapping.
TRUE.
When is an aggravated kidnapping a Second-Degree Felony?
If by a preponderance of the evidence, the defendant shows that he voluntarily released the victim in
a safe place.
Smuggling of a Person
KNOWINGLY:
, -Uses a motor vehicle, aircraft, watercraft to transport an individual while concealing individual from a
peace officer or fleeing from a peace officer
THIRD-DEGREE FELONY
-2nd Degree if the substantial risk of SBI, Younger than 18, the benefit of pecuniary gain
-1st Degree if the victim becomes a victim of sexual assault
Continuous Smuggling of Persons
F2-During a period that is 10 or more days in duration the person engages 2 or more times in conduct
that constitutes an offense.
F1- If smuggled individual was victim of sexual assault, suffered SBI, death, or a child younger than 18
years of age at the time.
Trafficking
With the INTENT of force labor. Trafficker receives a benefit.
SECOND-DEGREE FELONY
What is the definition of "child" under Trafficking of Persons?
Under 18 years old
When does trafficking of persons constitute a felony of the First-Degree?
Traffics a child under 18.
Regardless of whether actor knows age of victim he/she:
1) Traffics a child w/ intent of forced labor
2) Receives a benefit from participating in the venture of trafficking a child
3) Traffics a child and causes them to be a victim of offenses relating to sexual crimes, prostitution,
child pornography
4) The commission of the offense results in death of the person who is trafficked.
Continuous Sexual Abuse of a Child
Child under the age of 17
-Period of 30 or more days in duration with 2 or more acts.
-Regardless of whether the acts were again 1 or more victims.
-The Actor is 17years or older and the victim is younger than 14, whether the actor knows the age at
the time of the offense.
Answers 100% Verified
Culpable Mental States
Intentional, Knowing, Reckless, Criminal Negligence
Restrain
To restrict a person's movement WITHOUT CONSENT, so as to interfere substantially with the persons
liberty.
Accomplished by force, intimidation or deception.
Abduct
-Secreting or holding a person in a place where it is not likely to be found.
-Using or threatening to use deadly force.
Act
Bodily movement, whether voluntary or unvoluntary and includes speech.
Actor
a person who is criminally responsibility is in issue in a criminal action. When the term "suspect" is
used in this code, it means actor.
Benefit
Anything reasonably regarded as economic gain or advantage, including any other person in whose
welfare the beneficiary is interested.
Bodily Injury
Physical pain, illness, or any impairment of physical condition.
Coercion
Persuading someone to do something by using force or threats
Conduct
An act or omission and its accompanying mental state.
Consent
Permission to do something
Element of Offense
The forbidden conduct
The required culpability
Any required result
The negation of any exception to the offense
Deadly Weapon
,A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or
serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily
injury.
Possession
Actual care, custody, control, or management.
Serious Bodily Injury
Bodily injury that creates a substantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Consanguinity
Blood relationship
Affinity
A likeness, a natural relationship, a kinship
Criminal Episode
The commission of 2 or more offenses, regardless of whether the harm is directed toward or inflicted
upon more than one person or item. Common scheme/Similar offenses.
Homosexual Conduct was found unconstitutional because of what case?
Lawrence V. Texas
Intentionally
deliberately, on purpose
Knowingly
The mental state of awareness in conduct crimes and, in result crimes, awareness that it's "practically
certain" that the conduct will cause the bad result
Recklessly
Careless; without caution
Negligence
Failure to take proper care in doing something
Unlawful Restraint
INTENTIONALLY or KNOWINGLY:
-Restrains another person
CLASS A
SJF- If the child is younger than 17
,F3- If the child is exposed to a substantial risk of SBI
What is an affirmative defense to unlawful restraint?
1) the person restrained is 14 or older and younger than 17 years of age
2) the actor was a relative
3) the actor's sole intent was to assume lawful control of the child.
Kidnapping
INTENTIONALLY or KNOWINGLY:
-Abducts another person.
THIRD-DEGREE FELONY
What is an affirmative offense to kidnapping?
1) abduction not coupled with intent to use or to threaten to use deadly force
2) actor was relative of the person abducted
3) actor's sole intent was to assume lawful control of the victim.
Aggravated Kidnapping
INTENTIONALLY or KNOWINGLY
Abduct another with intent to:
- Hold him for ransom/reward
- Use him as a shield/hostage
- Facilitate the commission of a felony OR the flight after the attempt or commission of a felony
- Inflict bodily injury on him or violate or abuse him sexually- Terrorize him or third person
- Interfere with the performance of any governmental or political function
FIRST-DEGREE FELONY
T/F. When an actor uses or exhibits a deadly weapon during the commission of a kidnapping it
becomes an aggravated kidnapping.
TRUE.
When is an aggravated kidnapping a Second-Degree Felony?
If by a preponderance of the evidence, the defendant shows that he voluntarily released the victim in
a safe place.
Smuggling of a Person
KNOWINGLY:
, -Uses a motor vehicle, aircraft, watercraft to transport an individual while concealing individual from a
peace officer or fleeing from a peace officer
THIRD-DEGREE FELONY
-2nd Degree if the substantial risk of SBI, Younger than 18, the benefit of pecuniary gain
-1st Degree if the victim becomes a victim of sexual assault
Continuous Smuggling of Persons
F2-During a period that is 10 or more days in duration the person engages 2 or more times in conduct
that constitutes an offense.
F1- If smuggled individual was victim of sexual assault, suffered SBI, death, or a child younger than 18
years of age at the time.
Trafficking
With the INTENT of force labor. Trafficker receives a benefit.
SECOND-DEGREE FELONY
What is the definition of "child" under Trafficking of Persons?
Under 18 years old
When does trafficking of persons constitute a felony of the First-Degree?
Traffics a child under 18.
Regardless of whether actor knows age of victim he/she:
1) Traffics a child w/ intent of forced labor
2) Receives a benefit from participating in the venture of trafficking a child
3) Traffics a child and causes them to be a victim of offenses relating to sexual crimes, prostitution,
child pornography
4) The commission of the offense results in death of the person who is trafficked.
Continuous Sexual Abuse of a Child
Child under the age of 17
-Period of 30 or more days in duration with 2 or more acts.
-Regardless of whether the acts were again 1 or more victims.
-The Actor is 17years or older and the victim is younger than 14, whether the actor knows the age at
the time of the offense.
