TEXAS PENAL CODE EXAM LATEST ACTUAL EXAM
_______ occurs when a person intentionally or knowingly harms or threatens to
harm another by an unlawful act, because the victim is a public servant, witness,
prospective witness, informant, or person who reports a crime.
a. Tampering with a witness
b. Improper influence
c. Coercion of public servant
d. Retaliation - ANSWER: Retaliation
A ____________ means the commission of two or more offenses, regardless of
whether the harm is directed toward or inflicted upon more than one person or item
of property if (a) the offenses are committed pursuant to the same transaction or
pursuant to two or more transactions that are connected or constitute a common
scheme or plan, or (b) the offenses are the repeated commission of the same or
similar offenses (3.01).
a. severance
b. criminal episode
c. combination
d. riot
e. conspiracy - ANSWER: criminal episode
Sec. 3.01
A "pimp" arrested for managing two prostitutes is charged with
a. promotion of prostitution
b. prostitution
c. obscene display or distribution
d. aggravated promotion of prostitution - ANSWER: aggravated promotion of
prostitution
A 20-year-old man has sexual intercourse with a 16-year-old girl who consents
because they are boy-and girlfriend. What offense, if any, was committed?
a. Assault
b. Sexual assault
c. Aggravated assault
d. No offense - ANSWER: Sexual assault
A babysitter takes her clothes off and masturbates in front of a 5-year-old boy. What
offense, if any, has been committed?
a. indecent exposure
b. Indecency with a child
,c. Public lewdness
d. No offense - ANSWER: Indecency with a child
A drive-by shooting is
a. reckless conduct
b. deadly conduct
c. criminal mischief
d. unlawfully carrying a weapon - ANSWER: deadly conduct
A felony of the third degree is punishable by
a. confinement by the Texas Department of Criminal Justice not to exceed one year,
and may be fined not more than $10,000
b. confinement by the Texas Department of Criminal Justice for not more than ten
years nor less than two years, may be fined not more than $10,000
c. confinement by the Texas Department of Criminal Justice for not more than
twenty years nor less than five years, and may be fined not more than $10,000
d. confinement by the Texas Department of Criminal Justice for not more than five
years nor less than two years, may be fined not more than $10,000 - ANSWER:
confinement by the Texas Department of Criminal Justice for not more than ten
years nor less than two years, may be fined not more than $10,000
A husband and wife are at a store. The husband physically beats up his wife, causing
her bodily injury. The husband has committed
a. disorderly conduct
b. family violence
c. assault
d. no offense - ANSWER: assault
A kid on a skate board rides by and steals a radio from a bench where a lady is sitting
waiting for a bus. What offense has the kid committed?
a. Robbery
b. Theft
c. Aggravated robbery
d. Theft of service
e. Theft from person - ANSWER: Theft
A male educator at a public high school has sexual intercourse with a female student
who consents. The man has committed
a. sexual assault
b. improper relationship with student
c. public lewdness
d. disorderly conduct - ANSWER: improper relationship with student
,A man enters a department store just before closing and hides in a restroom and
waits until all persons have left the store for the night. Once he is alone, the man
goes to the jewelry counter and begins to gather all the jewelry in a sack. Opening
the jewelry counter sets off a silent alarm and the man is caught in the store with the
jewelry on his person. He will be charged with
a. criminal trespass
b. theft
c. burglary
d. robbery - ANSWER: burglary
A man enters a public establishment and pulls down his pants and exposes his anus
to customers. He can be charged with
a. public lewdness
b. assault
c. indecent exposure
d. disorderly conduct
e. no offense - ANSWER: disorderly conduct
A man enters his next door neighbor's unfenced yard and kills his neighbor's pigs,
which are in a pig pen. What offense, if any, did the man commit?
a. Criminal mischief
b. Cruelty to animals
c. Criminal trespass
d. Burglary of habitation - ANSWER: Criminal mischief
A man has sexual intercourse with his adopted sister; he has committed
a. no crime
b. sexual conduct
c. aggravated sexual conduct
d. prohibited sexual conduct
e. none of the above - ANSWER: prohibited sexual conduct
A man in the front row of a crowded movie theater stands up and "moons"
everyone; no person is offended, but there is general laughter. What offense, in any,
did he commit?
a. Indecent exposure
b. Reckless conduct
c. Disorderly conduct
e. No offense - ANSWER: No offense
, A man is in his front yard burning a pile of leaves. He goes into his house to get a
drink of water and watch TV. The fire spreads to his neighbor's home and burns up a
car, causing $2,000 in damage. What offense has been committed?
a. Deadly conduct
b. Reckless damage
c. Arson
d. Criminal mischief - ANSWER: Arson
A man is in the course of a robbery; at this time, a customer enters the store and the
robber intentionally shoots the customer in the head. The actor is charged with
a. capital murder
b. murder
c. manslaughter
d. criminally negligent homicide - ANSWER: capital murder
A man restricts his wife's movements without her consent by confining her in their
bedroom; after a day passes he lets her go free. What crime, if any, did the man
commit?
a. Kidnapping
b. Unlawful restraint
c. Domestic violence
d. No offense because they are married - ANSWER: Unlawful restraint
Sec. 20.02
A man walks into a store and demands all the money in the register or he will kill the
clerk. The clerk gives the perpetrator money from the register and the suspect leaves
the store. After catching the person, you charge him with
a. terroristic threat
b. aggravated robbery
c. robbery
d. theft
e. felony theft - ANSWER: robbery
A man with a knife is standing 75 feet away from another man that is getting into a
vehicle. The man with the knife is screaming that he is going to kill the other. The
driver gets into his vehicle, drives over to the man with the knife, and shoots the
man with the knife; the victim of the shooting dies. What offense, in any, was
committed?
a. None-this was self-defense
b. Murder
c. Manslaughter
d. Criminally negligent homicide
e. Vehicular manslaughter - ANSWER: Murder
_______ occurs when a person intentionally or knowingly harms or threatens to
harm another by an unlawful act, because the victim is a public servant, witness,
prospective witness, informant, or person who reports a crime.
a. Tampering with a witness
b. Improper influence
c. Coercion of public servant
d. Retaliation - ANSWER: Retaliation
A ____________ means the commission of two or more offenses, regardless of
whether the harm is directed toward or inflicted upon more than one person or item
of property if (a) the offenses are committed pursuant to the same transaction or
pursuant to two or more transactions that are connected or constitute a common
scheme or plan, or (b) the offenses are the repeated commission of the same or
similar offenses (3.01).
a. severance
b. criminal episode
c. combination
d. riot
e. conspiracy - ANSWER: criminal episode
Sec. 3.01
A "pimp" arrested for managing two prostitutes is charged with
a. promotion of prostitution
b. prostitution
c. obscene display or distribution
d. aggravated promotion of prostitution - ANSWER: aggravated promotion of
prostitution
A 20-year-old man has sexual intercourse with a 16-year-old girl who consents
because they are boy-and girlfriend. What offense, if any, was committed?
a. Assault
b. Sexual assault
c. Aggravated assault
d. No offense - ANSWER: Sexual assault
A babysitter takes her clothes off and masturbates in front of a 5-year-old boy. What
offense, if any, has been committed?
a. indecent exposure
b. Indecency with a child
,c. Public lewdness
d. No offense - ANSWER: Indecency with a child
A drive-by shooting is
a. reckless conduct
b. deadly conduct
c. criminal mischief
d. unlawfully carrying a weapon - ANSWER: deadly conduct
A felony of the third degree is punishable by
a. confinement by the Texas Department of Criminal Justice not to exceed one year,
and may be fined not more than $10,000
b. confinement by the Texas Department of Criminal Justice for not more than ten
years nor less than two years, may be fined not more than $10,000
c. confinement by the Texas Department of Criminal Justice for not more than
twenty years nor less than five years, and may be fined not more than $10,000
d. confinement by the Texas Department of Criminal Justice for not more than five
years nor less than two years, may be fined not more than $10,000 - ANSWER:
confinement by the Texas Department of Criminal Justice for not more than ten
years nor less than two years, may be fined not more than $10,000
A husband and wife are at a store. The husband physically beats up his wife, causing
her bodily injury. The husband has committed
a. disorderly conduct
b. family violence
c. assault
d. no offense - ANSWER: assault
A kid on a skate board rides by and steals a radio from a bench where a lady is sitting
waiting for a bus. What offense has the kid committed?
a. Robbery
b. Theft
c. Aggravated robbery
d. Theft of service
e. Theft from person - ANSWER: Theft
A male educator at a public high school has sexual intercourse with a female student
who consents. The man has committed
a. sexual assault
b. improper relationship with student
c. public lewdness
d. disorderly conduct - ANSWER: improper relationship with student
,A man enters a department store just before closing and hides in a restroom and
waits until all persons have left the store for the night. Once he is alone, the man
goes to the jewelry counter and begins to gather all the jewelry in a sack. Opening
the jewelry counter sets off a silent alarm and the man is caught in the store with the
jewelry on his person. He will be charged with
a. criminal trespass
b. theft
c. burglary
d. robbery - ANSWER: burglary
A man enters a public establishment and pulls down his pants and exposes his anus
to customers. He can be charged with
a. public lewdness
b. assault
c. indecent exposure
d. disorderly conduct
e. no offense - ANSWER: disorderly conduct
A man enters his next door neighbor's unfenced yard and kills his neighbor's pigs,
which are in a pig pen. What offense, if any, did the man commit?
a. Criminal mischief
b. Cruelty to animals
c. Criminal trespass
d. Burglary of habitation - ANSWER: Criminal mischief
A man has sexual intercourse with his adopted sister; he has committed
a. no crime
b. sexual conduct
c. aggravated sexual conduct
d. prohibited sexual conduct
e. none of the above - ANSWER: prohibited sexual conduct
A man in the front row of a crowded movie theater stands up and "moons"
everyone; no person is offended, but there is general laughter. What offense, in any,
did he commit?
a. Indecent exposure
b. Reckless conduct
c. Disorderly conduct
e. No offense - ANSWER: No offense
, A man is in his front yard burning a pile of leaves. He goes into his house to get a
drink of water and watch TV. The fire spreads to his neighbor's home and burns up a
car, causing $2,000 in damage. What offense has been committed?
a. Deadly conduct
b. Reckless damage
c. Arson
d. Criminal mischief - ANSWER: Arson
A man is in the course of a robbery; at this time, a customer enters the store and the
robber intentionally shoots the customer in the head. The actor is charged with
a. capital murder
b. murder
c. manslaughter
d. criminally negligent homicide - ANSWER: capital murder
A man restricts his wife's movements without her consent by confining her in their
bedroom; after a day passes he lets her go free. What crime, if any, did the man
commit?
a. Kidnapping
b. Unlawful restraint
c. Domestic violence
d. No offense because they are married - ANSWER: Unlawful restraint
Sec. 20.02
A man walks into a store and demands all the money in the register or he will kill the
clerk. The clerk gives the perpetrator money from the register and the suspect leaves
the store. After catching the person, you charge him with
a. terroristic threat
b. aggravated robbery
c. robbery
d. theft
e. felony theft - ANSWER: robbery
A man with a knife is standing 75 feet away from another man that is getting into a
vehicle. The man with the knife is screaming that he is going to kill the other. The
driver gets into his vehicle, drives over to the man with the knife, and shoots the
man with the knife; the victim of the shooting dies. What offense, in any, was
committed?
a. None-this was self-defense
b. Murder
c. Manslaughter
d. Criminally negligent homicide
e. Vehicular manslaughter - ANSWER: Murder
