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TEXAS PENAL CODE EXAM 2023/2024 LATEST
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EXAM UPDATE| COMPLETE EXAM QUESTIONS AND
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CORRECT ANSWERS la
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Objectives of Code - ANSWER---To insure the public safety through:
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(A) the deterrent influence of the penalties
hereinafter provided;
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(B) the rehabilitation of those convicted of violations
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of this code; and to guide and limit the exercise of official discretion in law
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enforcement to prevent arbitrary or oppressive treatment of persons suspected,
accused, or convicted of offenses; and
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(6) to define the scope of state interest in law
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enforcement against specific offenses and to systematize the exercise of state
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criminal jurisdiction.
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Territorial Jurisdiction - ANSWER--Either the conduct or a result that is an
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element of the offense occurs inside this state
Sp
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Computation of Age - ANSWER--A person attains a specified age on the day of
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the anniversary of his birth-date.
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sh
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Act - ANSWER--A bodily movement, whether voluntary or
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involuntary, and includes speech.
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Actor - ANSWER--A person whose criminal responsibility is in issue in a criminal
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action. Whenever the term "suspect" is used in this code, it means "actor."
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Agency - ANSWER--Includes authority, board, bureau, commission, committee,
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council, department, district, division, and office. sh
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Bodily Injury - ANSWER--Means physical pain, illness, or any impairment of
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physical condition.
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Sp
Serious Bodily Injury - ANSWER--Bodily injury that creates a substantial risk of
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death or that causes death, serious permanent disfigurement, or protracted loss or
a
impairment of the function of any bodily member or organ.
tz
l
sh
Sp
Coercion - ANSWER--Means a threat, however communicated:
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(A) to commit an offense;
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(B) to inflict bodily injury in the future on the person threatened or another;
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TEXAS PENAL CODE EXAM 2023/2024 LATEST
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EXAM UPDATE| COMPLETE EXAM QUESTIONS AND
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CORRECT ANSWERS la
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(C) to accuse a person of any offense;
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(D) to expose a person to hatred, contempt, or ridicule;
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(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or
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to cause a public servant to take or withhold action.
sh
Sp
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Conduct - ANSWER--Means an act or omission and its accompanying mental
state.
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sh
Correctional Facility - ANSWER--Means a place designated by law for the
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confinement of a person arrested for, charged with, or
convicted of a criminal offense. The term includes:
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(A) a municipal or county jail;
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(B) a confinement facility operated by the Texas Department of Criminal Justice;
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(C) a confinement facility operated under contract with any division of the Texas
Department of Criminal Justice; and
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(D) a community corrections facility operated by a community supervision and
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corrections department.
Sp
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Deadly Weapon - ANSWER--A firearm or anything manifestly designed, made, or
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adapted for the purpose of inflicting death or serious bodily injury; or
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(B) anything that in the manner of its use or intended use is capable of causing
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death or serious bodily injury.
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Consent - ANSWER--Means assent in fact, whether express or apparent.
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sh
Sp
Effective Consent - ANSWER--Includes consent by a person legally authorized to
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act for the owner. Consent is not effective if:
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(A) induced by force, threat, or fraud;
(B) given by a person the actor knows is not legally authorized to act for the
sh
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owner;
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(C) given by a person who by reason of youth, mental disease or defect, or
a
intoxication is known by the actor to be unable to make reasonable decisions; or
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(D) given solely to detect the commission of an offense.
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Element of Offense - ANSWER--(A) The forbidden conduct;
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(B) The required culpability;
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TEXAS PENAL CODE EXAM 2023/2024 LATEST
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EXAM UPDATE| COMPLETE EXAM QUESTIONS AND
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CORRECT ANSWERS la
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(C) Any required result; and
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(D) The negation of any exception to the offense.
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Felony - ANSWER--An offense so designated by law or punishable by death or
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confinement in a penitentiary.
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Sp
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Harm - ANSWER--Anything reasonably regarded as loss, disadvantage, or injury,
including harm to another person in whose welfare the person affected is
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interested.
sh
Sp
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Individual - ANSWER--A human being who is alive, including an unborn child at
every stage of gestation from fertilization until birth.
la
sh
Misdemeanor - ANSWER--An offense so designated by law or punishable by fine,
Sp
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by confinement in jail, or by both fine and confinement in jail.
la
Possession - ANSWER--Means actual care, custody, control, or management.
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sh
Sp
Public Place - ANSWER--Any place to which the public or a substantial group of
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the public has access and includes, but is not limited to, streets, highways, and the
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common areas of schools, hospitals, apartment houses, office buildings, transport
sh
facilities, and shops.
Sp
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Public Servant - ANSWER--A person elected, selected, appointed, employed, or
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otherwise designated as one of the following, even if he has not yet qualified for
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office or assumed his duties: sh
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(A) an officer, employee, or agent of government;
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(B) a juror or grand juror; or
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(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
sh
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(D) an attorney at law or notary public when participating in the performance of a
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governmental function; or
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(E) a candidate for nomination or election to public office; or
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(F) a person who is performing a governmental function under a claim of right
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although he is not legally qualified to do so.
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TEXAS PENAL CODE EXAM 2023/2024 LATEST
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EXAM UPDATE| COMPLETE EXAM QUESTIONS AND
ne
CORRECT ANSWERS
la
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Reasonable Belief - ANSWER--A belief that would be held by an ordinary and
sh
Sp
prudent man in the same circumstances as the actor.
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Secure Correctional Facility - ANSWER--A municipal or county jail; or
la
(B) a confinement facility operated by or under a contract with any division of the
sh
Texas Department of Criminal Justice.
Sp
ne
Unlawful - ANSWER--Criminal or tortuous or both and includes what would be
la
tz
criminal or tortuous but for a defense not amounting to justification or privilege.
sh
Sp
ne
Death - ANSWER--For an individual who is an unborn child, the failure to be born
alive.
la
sh
Prosecuting Attorney - ANSWER--Prove beyond a reasonable doubt that the
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defendant or defendant's conduct does not fall within the exception.
la
Proof Beyond a Reasonable Doubt - ANSWER--All persons are presumed to be
tz
sh
innocent and no person may be convicted of an offense unless each element of the
Sp
offense is proved beyond a reasonable doubt.
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la
Presumption - ANSWER--If there is sufficient evidence of the facts that give rise
sh
to the presumption, the issue of the existence of the presumed fact must be
Sp
submitted to the jury
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la
Defense - ANSWER---"It is a defense to prosecution..."
tz
-REASONABLE DOUBT sh
Sp
-Easier to prove
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Affirmative Defense - ANSWER---"It is an Affirmative Defense to Prosecution..."
-Prosecuting attorney not required to negate existence.
sh
Sp
-Proved by PREPONDERANCE OF EVIDENCE
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-Harder to prove
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Criminal Episode - ANSWER--The commission of 2 or more offenses, regardless
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of whether the harm is directed toward or inflicted upon more than one person or
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item. Common scheme/Similar offenses.
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sh
Sp
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TEXAS PENAL CODE EXAM 2023/2024 LATEST
sh
EXAM UPDATE| COMPLETE EXAM QUESTIONS AND
ne
CORRECT ANSWERS la
tz
sh
Sp
Objectives of Code - ANSWER---To insure the public safety through:
ne
(A) the deterrent influence of the penalties
hereinafter provided;
la
(B) the rehabilitation of those convicted of violations
sh
of this code; and to guide and limit the exercise of official discretion in law
Sp
ne
enforcement to prevent arbitrary or oppressive treatment of persons suspected,
accused, or convicted of offenses; and
la
tz
(6) to define the scope of state interest in law
sh
enforcement against specific offenses and to systematize the exercise of state
Sp
ne
criminal jurisdiction.
la
Territorial Jurisdiction - ANSWER--Either the conduct or a result that is an
sh
element of the offense occurs inside this state
Sp
ne
Computation of Age - ANSWER--A person attains a specified age on the day of
la
the anniversary of his birth-date.
tz
sh
Sp
Act - ANSWER--A bodily movement, whether voluntary or
ne
involuntary, and includes speech.
la
sh
Actor - ANSWER--A person whose criminal responsibility is in issue in a criminal
Sp
action. Whenever the term "suspect" is used in this code, it means "actor."
ne
la
Agency - ANSWER--Includes authority, board, bureau, commission, committee,
tz
council, department, district, division, and office. sh
Sp
ne
Bodily Injury - ANSWER--Means physical pain, illness, or any impairment of
la
physical condition.
sh
Sp
Serious Bodily Injury - ANSWER--Bodily injury that creates a substantial risk of
ne
death or that causes death, serious permanent disfigurement, or protracted loss or
a
impairment of the function of any bodily member or organ.
tz
l
sh
Sp
Coercion - ANSWER--Means a threat, however communicated:
ne
(A) to commit an offense;
la
(B) to inflict bodily injury in the future on the person threatened or another;
sh
Sp
la
Sp
, ne
TEXAS PENAL CODE EXAM 2023/2024 LATEST
sh
EXAM UPDATE| COMPLETE EXAM QUESTIONS AND
ne
CORRECT ANSWERS la
tz
(C) to accuse a person of any offense;
sh
Sp
(D) to expose a person to hatred, contempt, or ridicule;
ne
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or
la
to cause a public servant to take or withhold action.
sh
Sp
ne
Conduct - ANSWER--Means an act or omission and its accompanying mental
state.
la
tz
sh
Correctional Facility - ANSWER--Means a place designated by law for the
Sp
ne
confinement of a person arrested for, charged with, or
convicted of a criminal offense. The term includes:
la
(A) a municipal or county jail;
sh
(B) a confinement facility operated by the Texas Department of Criminal Justice;
Sp
ne
(C) a confinement facility operated under contract with any division of the Texas
Department of Criminal Justice; and
la
(D) a community corrections facility operated by a community supervision and
tz
sh
corrections department.
Sp
ne
Deadly Weapon - ANSWER--A firearm or anything manifestly designed, made, or
la
adapted for the purpose of inflicting death or serious bodily injury; or
sh
(B) anything that in the manner of its use or intended use is capable of causing
Sp
death or serious bodily injury.
ne
la
Consent - ANSWER--Means assent in fact, whether express or apparent.
tz
sh
Sp
Effective Consent - ANSWER--Includes consent by a person legally authorized to
ne
act for the owner. Consent is not effective if:
la
(A) induced by force, threat, or fraud;
(B) given by a person the actor knows is not legally authorized to act for the
sh
Sp
owner;
ne
(C) given by a person who by reason of youth, mental disease or defect, or
a
intoxication is known by the actor to be unable to make reasonable decisions; or
tz
(D) given solely to detect the commission of an offense.
l
sh
Sp
ne
Element of Offense - ANSWER--(A) The forbidden conduct;
la
(B) The required culpability;
sh
Sp
la
Sp
, ne
TEXAS PENAL CODE EXAM 2023/2024 LATEST
sh
EXAM UPDATE| COMPLETE EXAM QUESTIONS AND
ne
CORRECT ANSWERS la
tz
(C) Any required result; and
sh
Sp
(D) The negation of any exception to the offense.
ne
Felony - ANSWER--An offense so designated by law or punishable by death or
la
confinement in a penitentiary.
sh
Sp
ne
Harm - ANSWER--Anything reasonably regarded as loss, disadvantage, or injury,
including harm to another person in whose welfare the person affected is
la
tz
interested.
sh
Sp
ne
Individual - ANSWER--A human being who is alive, including an unborn child at
every stage of gestation from fertilization until birth.
la
sh
Misdemeanor - ANSWER--An offense so designated by law or punishable by fine,
Sp
ne
by confinement in jail, or by both fine and confinement in jail.
la
Possession - ANSWER--Means actual care, custody, control, or management.
tz
sh
Sp
Public Place - ANSWER--Any place to which the public or a substantial group of
ne
the public has access and includes, but is not limited to, streets, highways, and the
la
common areas of schools, hospitals, apartment houses, office buildings, transport
sh
facilities, and shops.
Sp
ne
Public Servant - ANSWER--A person elected, selected, appointed, employed, or
la
otherwise designated as one of the following, even if he has not yet qualified for
tz
office or assumed his duties: sh
Sp
(A) an officer, employee, or agent of government;
ne
(B) a juror or grand juror; or
la
(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
sh
Sp
(D) an attorney at law or notary public when participating in the performance of a
ne
governmental function; or
a
(E) a candidate for nomination or election to public office; or
tz
(F) a person who is performing a governmental function under a claim of right
l
sh
Sp
although he is not legally qualified to do so.
ne
la
sh
Sp
la
Sp
, ne
TEXAS PENAL CODE EXAM 2023/2024 LATEST
sh
EXAM UPDATE| COMPLETE EXAM QUESTIONS AND
ne
CORRECT ANSWERS
la
tz
Reasonable Belief - ANSWER--A belief that would be held by an ordinary and
sh
Sp
prudent man in the same circumstances as the actor.
ne
Secure Correctional Facility - ANSWER--A municipal or county jail; or
la
(B) a confinement facility operated by or under a contract with any division of the
sh
Texas Department of Criminal Justice.
Sp
ne
Unlawful - ANSWER--Criminal or tortuous or both and includes what would be
la
tz
criminal or tortuous but for a defense not amounting to justification or privilege.
sh
Sp
ne
Death - ANSWER--For an individual who is an unborn child, the failure to be born
alive.
la
sh
Prosecuting Attorney - ANSWER--Prove beyond a reasonable doubt that the
Sp
ne
defendant or defendant's conduct does not fall within the exception.
la
Proof Beyond a Reasonable Doubt - ANSWER--All persons are presumed to be
tz
sh
innocent and no person may be convicted of an offense unless each element of the
Sp
offense is proved beyond a reasonable doubt.
ne
la
Presumption - ANSWER--If there is sufficient evidence of the facts that give rise
sh
to the presumption, the issue of the existence of the presumed fact must be
Sp
submitted to the jury
ne
la
Defense - ANSWER---"It is a defense to prosecution..."
tz
-REASONABLE DOUBT sh
Sp
-Easier to prove
ne
la
Affirmative Defense - ANSWER---"It is an Affirmative Defense to Prosecution..."
-Prosecuting attorney not required to negate existence.
sh
Sp
-Proved by PREPONDERANCE OF EVIDENCE
ne
-Harder to prove
a
tz
Criminal Episode - ANSWER--The commission of 2 or more offenses, regardless
l
sh
Sp
of whether the harm is directed toward or inflicted upon more than one person or
ne
item. Common scheme/Similar offenses.
la
sh
Sp
la
Sp
