Criminal Law Exam 2025 With 100%
Correct Answers
extortion - CORRECT ANSWER✔✔-the modern day crime of extortion focuses on theft by the
threatened use of violence, the exposure of secrets, the use of official action, etc.
-modern day extortion is combination of blackmail and robbery
-it is like robbery in that it is a theft with a threat, but the threat may not be imminent or may
not place a person in fear of bodily injury or death
this crime does not exist in Texas- it is encompassed by theft statute
"effective consent" includes consent by a person legally authorized to act for the owner. consent
is not effective if:
induced by deception or coercion
Inchoate Crimes - CORRECT ANSWER✔✔-failed or incomplete efforts to commit a crime
-also called preparatory or anticipatory crimes
-punished as crimes even though harm might not take place
-more than mere thought but occur before a crime is complete
-gray area: what or how much is required to make the conduct criminal?
includes: attempt, solicitation, conspiracy
attempt - CORRECT ANSWER✔✔-the specific intent to commit a crime coupled with an act in
furtherance of the crime that goes *beyond mere preparation*
,-TPC Sec. 15.01 (criminal attempt)
-(a) a person commits an offense if, with specific intent to commit an offense, he does an act
amounting to more than mere preparation that tends but fails to effect the commission of the
offense intended
-(d) an offense under this section is one category lower than the offense attempted, and if the
offense attempted is a state jail felony, the offense is a Class A misdemeanor
draws "IMAGINARY LINE" between MERE PREPARATORY CONDUCT and OVERT ACT
Elements of Attempt - CORRECT ANSWER✔✔the crime of attempt has two basic elements:
1. the specific intent to commit a crime
JOINED WITH (at the same time)
2. An act of conduct to carry out the intent to commit the specific crime that goes beyond mere
preparation
Attempt: Preparation vs. Perpetration - CORRECT ANSWER✔✔Was the defendant preparing to
commit the crime, or did his acts ho beyond preparation and into perpetration?
Section 15.01 TPC: draws an "imaginary line" between mere preparatory conduct, which is
usually non-criminal, from an overt act which tends to effect the commission of the offense,
which is always criminal conduct.
when no line determined: case by case basis
a person may commit an attempt even if he could have taken further actions without actually
committing the intended offense
,*the emphasis is on what has been done*, not what remains to be done
Attempt: legal impossibility - CORRECT ANSWER✔✔-even if a defendant misunderstands the
law and believes their act is a crime, there is NO PUNISHMENT FOR ATTEMPTING TO DO
SOMETHING THAT IS NOT A CRIME
-legal impossibility IS A DEFENSE to an alleged criminal act
-example: attempting to smuggle weed into colorado
-example: attempting to steal something that is being given away or thrown away
Attempt: Factual Impossibility - CORRECT ANSWER✔✔-applies when there is a
misunderstanding of the facts surrounding the crime
-factual impossibility is NOT A DEFENSE to an alleged criminal act
example: intending to kill someone by shooting at them with a gun you thought was loaded
example: intending to commit a theft, by receiving stolen property from another, when it was
actually not stolen, and being used in a sting by undercover cops
example: intending to commit a theft, by stealing Amazon boxes from a doorstep, and the boxes
were actually full of trash
Solicitation - CORRECT ANSWER✔✔asking, encouraging, counseling, urging, requesting, or
commanding another person to commit a crime, with the specific intent the person solicited
will commit the crime
the person solicited does not have to actually commit the crime, or even act upon the request
, example: Allen asks Bob to kill Allen's wife, and gives him $5000 to do it. Bob takes the money
but never intends to commit the murder. Instead, Bob goes to the police. Allen is still guilty of
solicitation to commit murder
elements of solicitation - CORRECT ANSWER✔✔2 elements:
1. the intent that another party commit the crime
JOINED WITH
2. asking, encouraging, or requesting another party to commit a crime
Solicitation in Texas - CORRECT ANSWER✔✔TPC Sec. 15.03
(a) a person commits an offense if, with INTENT THAT A CAPITAL FELONY OR FELONY OF THE
FIRST DEGREE BE COMMITTED, he REQUESTS, COMMANDS, OR ATTEMPTS TO INDUCE
ANOTHER to ENGAGE IN SPECIFIC CONDUCT that, under the circumstances surrounding his
conduct as the actor believes them to be, would constitute the felony or make the other a party
to its commission
(b) a person may not be convicted under this section on the uncorroborated testimony of the
person allegedly solicited and unless the solicitation is made under circumstances strongly
corroborative of both the solicitation itself and the actor's intent that the other people act on
the solicitation
Solicitation of a Minor - CORRECT ANSWER✔✔(a) a person commits an offense if, with intent
that [list of mala in se crimes], be committed, the person REQUESTS, COMMANDS, OR
ATTEMPTS TO INDUCE A MINOR to engage in specific conduct that, under the circumstances
surrounding the actor's conduct ad the actor believes them to be, would constitute an offense
of [list of mala in se crimes] or make the minor a party to the commission of [list of mala in se
crimes]
Correct Answers
extortion - CORRECT ANSWER✔✔-the modern day crime of extortion focuses on theft by the
threatened use of violence, the exposure of secrets, the use of official action, etc.
-modern day extortion is combination of blackmail and robbery
-it is like robbery in that it is a theft with a threat, but the threat may not be imminent or may
not place a person in fear of bodily injury or death
this crime does not exist in Texas- it is encompassed by theft statute
"effective consent" includes consent by a person legally authorized to act for the owner. consent
is not effective if:
induced by deception or coercion
Inchoate Crimes - CORRECT ANSWER✔✔-failed or incomplete efforts to commit a crime
-also called preparatory or anticipatory crimes
-punished as crimes even though harm might not take place
-more than mere thought but occur before a crime is complete
-gray area: what or how much is required to make the conduct criminal?
includes: attempt, solicitation, conspiracy
attempt - CORRECT ANSWER✔✔-the specific intent to commit a crime coupled with an act in
furtherance of the crime that goes *beyond mere preparation*
,-TPC Sec. 15.01 (criminal attempt)
-(a) a person commits an offense if, with specific intent to commit an offense, he does an act
amounting to more than mere preparation that tends but fails to effect the commission of the
offense intended
-(d) an offense under this section is one category lower than the offense attempted, and if the
offense attempted is a state jail felony, the offense is a Class A misdemeanor
draws "IMAGINARY LINE" between MERE PREPARATORY CONDUCT and OVERT ACT
Elements of Attempt - CORRECT ANSWER✔✔the crime of attempt has two basic elements:
1. the specific intent to commit a crime
JOINED WITH (at the same time)
2. An act of conduct to carry out the intent to commit the specific crime that goes beyond mere
preparation
Attempt: Preparation vs. Perpetration - CORRECT ANSWER✔✔Was the defendant preparing to
commit the crime, or did his acts ho beyond preparation and into perpetration?
Section 15.01 TPC: draws an "imaginary line" between mere preparatory conduct, which is
usually non-criminal, from an overt act which tends to effect the commission of the offense,
which is always criminal conduct.
when no line determined: case by case basis
a person may commit an attempt even if he could have taken further actions without actually
committing the intended offense
,*the emphasis is on what has been done*, not what remains to be done
Attempt: legal impossibility - CORRECT ANSWER✔✔-even if a defendant misunderstands the
law and believes their act is a crime, there is NO PUNISHMENT FOR ATTEMPTING TO DO
SOMETHING THAT IS NOT A CRIME
-legal impossibility IS A DEFENSE to an alleged criminal act
-example: attempting to smuggle weed into colorado
-example: attempting to steal something that is being given away or thrown away
Attempt: Factual Impossibility - CORRECT ANSWER✔✔-applies when there is a
misunderstanding of the facts surrounding the crime
-factual impossibility is NOT A DEFENSE to an alleged criminal act
example: intending to kill someone by shooting at them with a gun you thought was loaded
example: intending to commit a theft, by receiving stolen property from another, when it was
actually not stolen, and being used in a sting by undercover cops
example: intending to commit a theft, by stealing Amazon boxes from a doorstep, and the boxes
were actually full of trash
Solicitation - CORRECT ANSWER✔✔asking, encouraging, counseling, urging, requesting, or
commanding another person to commit a crime, with the specific intent the person solicited
will commit the crime
the person solicited does not have to actually commit the crime, or even act upon the request
, example: Allen asks Bob to kill Allen's wife, and gives him $5000 to do it. Bob takes the money
but never intends to commit the murder. Instead, Bob goes to the police. Allen is still guilty of
solicitation to commit murder
elements of solicitation - CORRECT ANSWER✔✔2 elements:
1. the intent that another party commit the crime
JOINED WITH
2. asking, encouraging, or requesting another party to commit a crime
Solicitation in Texas - CORRECT ANSWER✔✔TPC Sec. 15.03
(a) a person commits an offense if, with INTENT THAT A CAPITAL FELONY OR FELONY OF THE
FIRST DEGREE BE COMMITTED, he REQUESTS, COMMANDS, OR ATTEMPTS TO INDUCE
ANOTHER to ENGAGE IN SPECIFIC CONDUCT that, under the circumstances surrounding his
conduct as the actor believes them to be, would constitute the felony or make the other a party
to its commission
(b) a person may not be convicted under this section on the uncorroborated testimony of the
person allegedly solicited and unless the solicitation is made under circumstances strongly
corroborative of both the solicitation itself and the actor's intent that the other people act on
the solicitation
Solicitation of a Minor - CORRECT ANSWER✔✔(a) a person commits an offense if, with intent
that [list of mala in se crimes], be committed, the person REQUESTS, COMMANDS, OR
ATTEMPTS TO INDUCE A MINOR to engage in specific conduct that, under the circumstances
surrounding the actor's conduct ad the actor believes them to be, would constitute an offense
of [list of mala in se crimes] or make the minor a party to the commission of [list of mala in se
crimes]
