Download Penal Code BPOC TCOLE || with Complete Solution. and more Exams Law in PDF only on Docsity!
Penal Code BPOC TCOLE || with Complete Solution.
When a person engages in sexual contact with a child or causes the child to engage in sexual contact falls under what offense? correct answers Indecency with a child What is the effect of code? correct answers Conduct does not constitute an offense unless it is defined as an offense by statute, or a rule authorized by and lawfully adopted under a statute. What does Penal code not cover? correct answers civil suits If you are from Arkansas and commit an offense in Texas, who has jurisdiction? correct answers Texas When the conduct outside this state constitutes an attempt to commit an offense inside this state, who has jurisdiction? correct answers Either state which the act was committed or conspired to commit If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred where? correct answers the state in which it was found What is the computation of age? correct answers a person attains a specified age on the day of the anniversary of his birthdate What are some examples of Coercion? correct answers commit an offense inflict bodily injury in the future accuse a person of any offense expose a person to hatred to harm the credit of any person
What is considered to be a deadly weapon? correct answers a firearm or anything that in the manner of its use or intended use is capable of causing death A person can legally authorize effective consent for the owner, but not by what means? correct answers induced by force, threat or fraud given by a person who a youth, mental disease, or intoxication What are the elements of offense? correct answers the forbidden conduct the required culpability any required result the negation of any exception to the offense Felony is punishable by what means? correct answers By confinement or death Give some examples of a public place correct answers common areas of schools hospitals apartment houses office buildings What is serious bodily injury? correct answers it creates a substantial risk of death or that causes death (life, limb or eye sight) All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is......... correct answers proved beyond a reasonable doubt The issue of the existence of a defense is not submitted to the jury unless what happens first? correct answers evidence is admitted supporting the defense
reckless criminal negligence Define "knowingly" correct answers with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the circumstances exits Define "recklessly" correct answers with respect to circumstances surrounding his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk or the result will occur Define "intentionally" correct answers respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result Define "criminal negligence" correct answers respect to circumstances surrounding his conduct or the result of his conduct when he out to be aware of a substantial and unjustifiable risk Causation: conduct and result is described how? correct answers a person is criminally responsible if the result would not have occurred but for his conduct What are parties to offenses? correct answers a person is criminally responsible as a party to an offense if the offense is committed by his own conduct or by conduct of another he is responsible You have criminal responsibility for conduct of another if.......? correct answers acting with intent to promote or assist the commission of the offense Who is criminally responsible for an offense when an agent acting within the scope of his office or employment is in conduct constituting an offense? correct answers the corporation or association
Who is responsible when an individual is performs in the name of or in behalf of a corporation or association to the same extent as if the conduct were performed in his own name? correct answers the individual What can be an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect and did not know he was in the wrong? correct answers insanity What is it considered when an actor formed a reasonable belief that negates the kind of culpability required for commission of the offense? correct answers Mistake of fact There is no defense of prosecution that the actor was ignorant to any provisions of any law is what? correct answers Mistake of Law yes or no, voluntary intoxication does not constitute a defense to the commission of crime. correct answers yes What is duress? correct answers when an actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury What is it called when an actor commits an offense because he was induced to do so by law enforcement? correct answers entrapment At what age can someone be tried as an adult? correct answers 17 At what age cannot you not be tried whatsoever? correct answers 10 years old and younger At what age can you tried as an adult for capital murder, any first degree felony, or and aggravated drug offense? correct answers 14 years and older
Describe 1st degree felony correct answers no more than 99 years, no less than 5 Describe 2nd degree felony correct answers no more than 20 years, no less than 2 Describe 3rd degree felony correct answers no more than 10 years, no less than 2 describe state jail felony correct answers no more than 2 years, no less than 180 days When convicted of a state jail felony, if a deadly weapon was used during an offense or has previously been convicted of any felony will be punished how? correct answers shall be punished for a 3rd degree felony If someone has been convicted for any felony other than state jail how will they be punished? correct answers 1st degree felony 99- If convicted for a 3rd felony, other than a state jail, what will be the punishment imposed? correct answers no less than 99 years, no less than 25 When convicted of two state jail felonies what will be the punishment imposed? correct answers 3rd degree felony What will increase if convicted of a Class A misdemeanor for a second time? correct answers minimum confinement will increase to no less than 90 days What will increase if convicted of a class B misdemeanor for a second time? correct answers minimum confinement will increase to no less than 30 days
What will increase on class C misdemeanor punishment if prior convicted on 3 separate convictions within 24 months? correct answers Will fall under class b misdemeanor punishment levels What may the court authorize the prosecuting attorney to prosecute a state jail felony as if the punishment would best serve the ends of justice? correct answers Punished as a class A misdemeanor This can happen in the punishment phase if the offense was committed because of bias or prejudice. correct answers Every class will increase by one. except 1st degree felony will stay the same and Class A will increase minimum confinement to 180 days What can happen if convicted of an offense resulting in loss to nursing and convalescent home? correct answers punishment for the offense will be increased to the next higher category Who can make a declaration of a state of disaster? correct answers POTUS, Governor, presiding officer of the governing body (mayor) What is it called when someone does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended? correct answers Criminal attempt When one person agrees with one or more person that they or one or more of them engage in conduct that would constitute the offense describes what? correct answers Criminal Conspiracy What describes when someone induces another to engage in specific conduct that, would constitute the felony or others to make its commission? correct answers Criminal solicitation In regards to criminal solicitation, what is the punishment when the offense solicited is a capital felony? correct answers First degree felony
What is the conviction of someone who commits an offense and recklessly causes the death of an individual? correct answers Manslaughter What will be the conviction if a person commits an offense if he causes the death of an individual by accident but knew the potential outcome? correct answers Criminally negligent homicide Force, intimidation or deception or any means, including acquiescence of the victim describes what? correct answers Restraint without consent secreting or holding him in a place where he is not likely to be found or using or threatening to use deadly force describes what? correct answers Abduct When someone intentionally or knowingly abducts another person with the intent to hold for ransom, use as a shield or inflict bodily injury will receive what type of conviction? correct answers Aggravated kidnapping (1st degree) What type of offense is it when someone with the intent to obtain pecuniary benefit knowingly, uses a motor vehicle, aircraft, watercraft or other means of transport? correct answers Smuggling of persons (1st degree under 18, 2nd degree for someone over 18) What is it called when a person knowingly transports another person with the intent that the transported person engage in forced labor or services? correct answers Trafficking of persons What is it called when a person commits an offense more than once within 30 days of illegally transporting persons against one or more victims? correct answers continuous trafficking of persons What is it called when in 30 or more days the person commits two or more acts of sexual abuse of one or more underage victims? correct answers continuous sexual abuse of young child or children
What is the punishment for continuous sexual abuse of young child or children? correct answers 1st degree felony life in prison (25-99 years) When a person knowingly commits an act of sexual intercourse or act of deviate sexual intercourse in a public place will convicted for what? correct answers Public Lewdness When a person exposes his anus or any part of genitals with the intent to arouse or gratify the sexual desire of any person is considered as what offense? correct answers Indecent exposure (class B) What is it called when you film someone in a changing room or an area not subject to public view and they do not give consent? correct answers Invasive visual recording (state jail felony) observing another person without the their consent while they're in a dwelling/structure they believe to be private is considered as what? correct answers Voyeurism what is it called when a person intentionally threatens or extorts another to commit a sexual offense? correct answers Sexual coercion (state jail felony) Intentionally, knowingly, or recklessly causes bodily injury to another describes what? correct answers Assualt What is it called when you cause the penetration of the anus or sexual organ of another person without consent? correct answers Sexual assault After how many years older can the actor be than the victim so that it is an affirmative defense? correct answers 3 years
