Texas Penal Code Exam Questions And
Answers 100% Verified
Objectives of Code
-To insure the public safety through:
(A) the deterrent influence of the penalties
hereinafter provided;
(B) the rehabilitation of those convicted of violations
of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent
arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses; and
(6) to define the scope of state interest in law
enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction.
Territorial Jurisdiction
Either the conduct or a result that is an element of the offense occurs inside this state
Computation of Age
A person attains a specified age on the day of the anniversary of his birth-date.
Act
A bodily movement, whether voluntary or
involuntary, and includes speech.
Actor
A person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is
used in this code, it means "actor."
Agency
Includes authority, board, bureau, commission, committee, council, department, district, division, and
office.
Bodily Injury
Means physical pain, illness, or any impairment of physical condition.
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.
Coercion
Means a threat, however communicated:
(A) to commit an offense;
,(B) to inflict bodily injury in the future on the person threatened or another;
(C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or
to cause a public servant to take or withhold action.
Conduct
Means an act or omission and its accompanying mental state.
Correctional Facility
Means a place designated by law for the confinement of a person arrested for, charged with, or
convicted of a criminal offense. The term includes:
(A) a municipal or county jail;
(B) a confinement facility operated by the Texas Department of Criminal Justice;
(C) a confinement facility operated under contract with any division of the Texas Department of
Criminal Justice; and
(D) a community corrections facility operated by a community supervision and corrections
department.
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.
Consent
Means assent in fact, whether express or apparent.
Effective Consent
Includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) induced by force, threat, or fraud;
(B) given by a person the actor knows is not legally authorized to act for the owner;
(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by
the actor to be unable to make reasonable decisions; or
(D) given solely to detect the commission of an offense.
Element of Offense
(A) The forbidden conduct;
(B) The required culpability;
(C) Any required result; and
(D) The negation of any exception to the offense.
,Felony
An offense so designated by law or punishable by death or confinement in a penitentiary.
Harm
Anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in
whose welfare the person affected is interested.
Individual
A human being who is alive, including an unborn child at every stage of gestation from fertilization
until birth.
Misdemeanor
An offense so designated by law or punishable by fine, by confinement in jail, or by both fine and
confinement in jail.
Possession
Means actual care, custody, control, or management.
Public Place
Any place to which the public or a substantial group of the public has access and includes, but is not
limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
Public Servant
A person elected, selected, appointed, employed, or otherwise designated as one of the following,
even if he has not yet qualified for office or assumed his duties:
(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to
hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental
function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not
legally qualified to do so.
Reasonable Belief
A belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
Secure Correctional Facility
A municipal or county jail; or
, (B) a confinement facility operated by or under a contract with any division of the Texas Department
of Criminal Justice.
Unlawful
Criminal or tortuous or both and includes what would be criminal or tortuous but for a defense not
amounting to justification or privilege.
Death
For an individual who is an unborn child, the failure to be born alive.
Prosecuting Attorney
Prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the
exception.
Proof Beyond a Reasonable Doubt
All persons are presumed to be innocent and no person may be convicted of an offense unless each
element of the offense is proved beyond a reasonable doubt.
Presumption
If there is sufficient evidence of the facts that give rise to the presumption, the issue of the existence
of the presumed fact must be submitted to the jury
Defense
-"It is a defense to prosecution..."
-REASONABLE DOUBT
-Easier to prove
Affirmative Defense
-"It is an Affirmative Defense to Prosecution..."
-Prosecuting attorney not required to negate existence.
-Proved by PREPONDERANCE OF EVIDENCE
-Harder to prove
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.
Requirement of Voluntary Act or Omission
Answers 100% Verified
Objectives of Code
-To insure the public safety through:
(A) the deterrent influence of the penalties
hereinafter provided;
(B) the rehabilitation of those convicted of violations
of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent
arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses; and
(6) to define the scope of state interest in law
enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction.
Territorial Jurisdiction
Either the conduct or a result that is an element of the offense occurs inside this state
Computation of Age
A person attains a specified age on the day of the anniversary of his birth-date.
Act
A bodily movement, whether voluntary or
involuntary, and includes speech.
Actor
A person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is
used in this code, it means "actor."
Agency
Includes authority, board, bureau, commission, committee, council, department, district, division, and
office.
Bodily Injury
Means physical pain, illness, or any impairment of physical condition.
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.
Coercion
Means a threat, however communicated:
(A) to commit an offense;
,(B) to inflict bodily injury in the future on the person threatened or another;
(C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or
to cause a public servant to take or withhold action.
Conduct
Means an act or omission and its accompanying mental state.
Correctional Facility
Means a place designated by law for the confinement of a person arrested for, charged with, or
convicted of a criminal offense. The term includes:
(A) a municipal or county jail;
(B) a confinement facility operated by the Texas Department of Criminal Justice;
(C) a confinement facility operated under contract with any division of the Texas Department of
Criminal Justice; and
(D) a community corrections facility operated by a community supervision and corrections
department.
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.
Consent
Means assent in fact, whether express or apparent.
Effective Consent
Includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) induced by force, threat, or fraud;
(B) given by a person the actor knows is not legally authorized to act for the owner;
(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by
the actor to be unable to make reasonable decisions; or
(D) given solely to detect the commission of an offense.
Element of Offense
(A) The forbidden conduct;
(B) The required culpability;
(C) Any required result; and
(D) The negation of any exception to the offense.
,Felony
An offense so designated by law or punishable by death or confinement in a penitentiary.
Harm
Anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in
whose welfare the person affected is interested.
Individual
A human being who is alive, including an unborn child at every stage of gestation from fertilization
until birth.
Misdemeanor
An offense so designated by law or punishable by fine, by confinement in jail, or by both fine and
confinement in jail.
Possession
Means actual care, custody, control, or management.
Public Place
Any place to which the public or a substantial group of the public has access and includes, but is not
limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
Public Servant
A person elected, selected, appointed, employed, or otherwise designated as one of the following,
even if he has not yet qualified for office or assumed his duties:
(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to
hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental
function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not
legally qualified to do so.
Reasonable Belief
A belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
Secure Correctional Facility
A municipal or county jail; or
, (B) a confinement facility operated by or under a contract with any division of the Texas Department
of Criminal Justice.
Unlawful
Criminal or tortuous or both and includes what would be criminal or tortuous but for a defense not
amounting to justification or privilege.
Death
For an individual who is an unborn child, the failure to be born alive.
Prosecuting Attorney
Prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the
exception.
Proof Beyond a Reasonable Doubt
All persons are presumed to be innocent and no person may be convicted of an offense unless each
element of the offense is proved beyond a reasonable doubt.
Presumption
If there is sufficient evidence of the facts that give rise to the presumption, the issue of the existence
of the presumed fact must be submitted to the jury
Defense
-"It is a defense to prosecution..."
-REASONABLE DOUBT
-Easier to prove
Affirmative Defense
-"It is an Affirmative Defense to Prosecution..."
-Prosecuting attorney not required to negate existence.
-Proved by PREPONDERANCE OF EVIDENCE
-Harder to prove
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.
Requirement of Voluntary Act or Omission
