Penal Code Offenses Flashcards
(119 cards)
1
Q
The officer is dispatched to a local bar in reference to a fight in progress. Upon arrival, the officer observes the deceased lying on the sidewalk. Two bouncers are detaining the suspect. The officer learns that the suspect accused the deceased of cheating at the pool. A fight ensued and the suspect struck the deceased in the head with a pool cue causing his death. PC 19.02
What offense is being committed? A. Criminal negligence homicide B. Manslaughter C. Intoxication Manslaughter D. Murder
What is the penalty? A. 1st Degree Felony B. 2nd Degree Felony C. 3rd Degree Felony D. Capital Felony
A
D. Murder;
A. 1st Degree Felony;
Life, 5-99 years, $10,000
2
Q
During the course of committing a theft at a local convenience store, an individual pulls a handgun from his waistband, shoots, and kills the store clerk.
The suspect is caught a short time later and arrested and charged with _________. PC 19.03
A. Capital Murder
B. Manslaughter
C. Aggravated Robbery
D. Murder
A
A. Capital Murder;
death; or life without parole
3
Q
An officer responds to a family fight in progress. While exiting the patrol vehicle she is ambushed and shot by the suspect. The officer succumbs to her injuries one week later.
The suspect is placed under arrest and charged with ____.
PC 19.03
A. Intoxication Manslaughter
B. Manslaughter
C. Capital Murder
D. Murder
A
C. Capital Murder;
death; or life without parole
4
Q
The officer responds to the report of a motor vehicle accident. Upon arrival, the officer observes the deceased lying on the sidewalk pinned beneath a vehicle. The officer learns from numerous witnesses that the suspect was racing his car up and down the street in a residential neighborhood. The suspect lost control of the vehicle, struck, and killed an elderly gentleman who was walking on the sidewalk.
The suspect was placed under arrest and charged with ________. PC 19.04
A. Manslaughter; F1 B. Manslaughter; F2 C. Murder; F1 D. Murder; F2 E. Capital Murder; life or death
A
B. Manslaughter;
2nd Degree;
2-20 years, $10,000
5
Q
An individual keeps a handgun on the nightstand next to his bed for protection. He leaves the room momentarily to answer the door. His five-year-old child is playing in the bedroom and sees the handgun. The child begins to play with the handgun and points it at his little sister. The handgun discharges and kills the child.
The owner of the handgun is charged with _____. PC 19.05.
A. Criminal Negligent Endangerment
B. Manslaughter
C. Injury to a Child, Elderly or Disabled individual
D. Criminal Negligent Homicide
A
D. Criminally Negligent Homicide;
State Jail Felony;
180 days - 2 years,
$10,000
6
Q
A man and woman are arguing in their apartment. The woman attempts to pick up the telephone in order to call 911. The man grabs hold of the woman and prevents her from calling the police. She struggles and is able to get away from his grasp. She calls 911 and the officer arrives on scene.
The man can be charged with ___. PC 20.02
A. Interference with Emergency Request CA
B. Unlawful Restraint - F3
C. Unlawful Restraint - CA
D. Interference with Emergency Request - SJF
E. Unlawful Restraint - SJF
A
C. Unlawful Restraint;
Class A misdemeanor;
up to 1 year, $4000
but, if the woman was actually a child younger than 17 yoa. State Jail Felony;
180 days - 2 years,
$10,000
or, if the woman is exposed to substanial risk of SBI;
3rd Degree Felony;
2-10 yrs, $10,000
or, If the woman was a public service while discharging a public duty;
3rd Degree Felony;
2-10 yrs, $10,000
7
Q
During the course of a custody battle, the ex-husband takes the former couple’s child in defiance of the court order and flees with the child. A spot broadcast is initiated and the officer locates the ex-husband and child.
The ex-husband is charged with ___. PC 20.03
a. Aggravated Kidnapping - F1
b. Interference with Child Custody - F1
c. Kidnapping - F3
d. Kidnapping - F2
e. Interference with Child Custody - SJF
A
C. Kidnapping
3rd Degree Felony
2-10 yrs, $10,000
A person commits an offense if he intentionally or knowingly abducts another person.
vs.
Interference with child custody is when: A person commits an offense if the person takes or retains a child younger than 18 years of age:
8
Q
The officer responds to the call of a robbery in progress at a convenience store. Upon arrival, the officer observes the suspect getting into a vehicle. The suspect sees the officer and runs back inside of the store. The suspect grabs the clerk in a chokehold and holds a knife to the clerk’s throat. The suspect tells the officer to let him go or he is going to kill the clerk.
What offense is being committed and what is the penalty? PC 20.04
A
Aggravated Kidnapping;
1st Degree Felony;
Life, 5-99 years, $10,000
if the defendant proves by preponderance of evidence, he voluntarily released the victim: 2nd Degree Felony;
2nd Degree;
2-20 years, $10,000
9
Q
The officer conducts a traffic stop on a local highway for a defective tail lamp. Upon approaching the vehicle, the officer hears screaming and knocking from inside of the trunk. The officer removes the suspect driver and opens the trunk. The officer observes a female and two small children inside of the trunk. The officer learns from the female that she is an illegal alien and has paid the suspect $1,000.00 to smuggle her and her children through the Border Patrol checkpoint, she is on her way to Kansas with her children to work in the fields to pay off the rest of her debt owed for the illegal entry. During an inventory search of the suspect’s vehicle, the officer finds $1,000.00 beneath the driver’s seat. What offense is being committed and what is the penalty? PC 20A.02
A
Trafficking of Persons
2nd Degree Felony
2-20 years, $10,000
if it was a child under 18, resulted in death, including unborn child.
1st Degree Felony; Life, 5-99 years, $10,000
by coercion, force or fraud causes engagement in: ◉Prostitution ◉Promotion of prostitution ◉Aggravated Promotion of Prostitution ◉Online Promotion of Prostitution ◉Aggravated Promotion or Prositution ◉Compelling Prostitution ◉Received benefit for participation, or engages in sexual conduct w/a person trafficked in the manner
10
Q
The officer conducts a traffic stop on a local highway for a defective tail lamp. Upon approaching the vehicle, the officer hears screaming and knocking from inside of the trunk. The officer removes the suspect driver and opens the trunk. The officer observes a female and two small children inside of the trunk. The officer learns from the female that she is an illegal alien and has paid the suspect $1,000.00 to smuggle her and her children through the Border Patrol checkpoint. During an inventory search of the suspect’s vehicle, the officer finds $1,000.00 beneath the driver’s seat.
What offense is being committed and what is the penalty? PC 20.05
A
Smuggling of Persons
child 18 yoa or younger at the time of the offense.
1st Degree Felony;
Life, 5-99 years, $10,000
but, if the person smuggled as direct result became victim of sex. assault, Agg. Sex. Assault or SBI or death.
1st Degree Felony;
Life, 5-99 years, $10,000
or, substantial likelihood that smuggled individual will suffer SBI or death;
2nd Degree Felony;
2-20 years, $10,000
or, Smuggling of person with none of the above enhancements
3rd degree Felony
2-10 yrs, $10,000
11
Q
What is the offense and charge for the following:
accidentally or mistakenly while intoxicated operates a motor vehicle, aircraft, watercraft or assembles an amusement ride; in a public place, by reason causing SBI which causes a traumatic brain injury that results in a vegitative state; or causes SBI to a firefighter or EMS while discharging their official duties. PC 49.07
A
Intoxication Assault;
2nd Degree Felony;
2-20 years, $10,000
12
Q
What is the offense and charge for the following:
accidentally or mistakenly while intoxicated operates a motor vehicle, aircraft, watercraft or assembles an amusement ride; in a public place, by reason causes SBI to a police officer or judge discharging their official duty at the time of the assault.
PC 49.07
A
Intoxication assault;
1st Degree Felony
Life, 5-99 years, $10,000
13
Q
What is the offense and charge for the following:
Person commits an offense if the person while intoxicated causes the death of another by accident or mistake by operating a motor vehicle, aircraft, watercraft, or an amusement ride in a public place. PC 49.08
A
Intoxication manslaughter;
2nd Degree Felony;
2-20 years, $10,000
14
Q
What is the offense and charge for the following:
accidentally or mistakenly while intoxicated operates a motor vehicle, aircraft, watercraft or assembles an amusement ride; in a public place, by reason causing SBI to another.
PC 49.07
A
Intoxication assault;
3rd degree Felony
2-10 yrs, $10,000
15
Q
What is the offense and charge for the following:
causes the death of an individual by criminal negligence.
PC 19.05
A
Criminal Negligent Homicide;
State Jail Felony;
180 days - 2 years,
$10,000
16
Q
What is the offense and charge for the following:
Recklessly causes the death of an individual
PC 19.04
A
Manslaughter -
2nd Degree Felony;
2-20 years, $10,000
17
Q
person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway may be charged with: _____. PC 49.031
A
Class C misdemeanor
18
Q
A person may be arrested for an open container. True or False
A
False,
This is 1 of 3 offenses that an officer shall issue a citation.
other 2 are
using a electric communication device and Speeding
19
Q
__________ - consent by a person legally authorized to act for the owner. not consent if:
induced by force, threat or fraud
given by someone actor knows not authorized
given by person who by reason of youth, mental disease, or defect, intoxication that the officer knows is unable to make reasonable decisions
given solely to detect submission of offence
A
Effective consent -
20
Q
What are the Elements of an offense?
A
Elements of an offense:
- forbidden conduct
- required culpability
- Any required results; and
- The negation of any exception to the offense
21
Q
________ is a conscious objective or desire to engage in the conduct or cause results. 6.03
A
Intentional
22
Q
_________ means; aware of the nature of his conduct or that circumstances; aware that conduct is reasonably certain to cause the result. 6.03
A
Knowingly
23
Q
_________ substantial risk of death, serious permanent disfigurement or protracted loss or impairment of any bodily organ or member
A
Serious Bodily Injury
24
Q
A 13-year-old middle school student is having trouble concentrating and is struggling in her classes. She meets with her school counselor and confides that for the past three months her 30-year-old uncle has been forcing her to have oral sex with him.
What offense is being committed and what is the penalty? PC. 21.02
A
Continuous Sexual Abuse of Young Child or Children
1st Degree Felony
Life, 25-99 years, $10,000
(has to be more than 30 days and actor over 17 yoa and victim under 14 yoa)
25
A police officer patrolling a local city park at night observes a vehicle parked. The park is closed to the public at this time. The officer walks over to the vehicle and observes a male and female inside of the vehicle engaged in sexual intercourse.
What offense is being committed and what is the penalty? PC. 21.07.
Public Lewdness
Class A Misdemeanor;
up to 1 year, $4000, or both
26
The officer is dispatched to a local city park in reference to a subject disturbance. Upon arrival, the officers observe a security guard detaining an individual. The officers learn from the security guard that the suspect, who appears drunk, ran in front of the bleachers, pulled his pants down and exposed his anus to the crowd.
What offense is being committed and what is the penalty?PC. 21.08
Indecent Exposure
Class B Misdemeanor
up to 180 days, $2000 or both
27
A male teacher hugged a 15-year-old female student and during the course of the hug fondled her breast. The incident was viewed and reported by another teacher.
What offense is being committed? PC. 21.11
a. sexual assault
b. indecency with a child
c. improper relationship with a student and child
d. indecent assault
What is the penalty?
a. F2
b. F3
c. F1
d. SJF
B. Indecency with a Child
2nd Degree Felony
2-20 years, $10,000
(child is younger than 17 yoa touching anus, breast, genitals, including through clothing)
but if actor exposes or causes child to expose anus, genitals
3rd Degree Felony
2-10 yrs, $10,000
28
A male teacher hugged a 15-year-old female student and during the course of the hug fondled her breast. The incident was viewed and reported by another teacher. The 15-year-old student advised that she has been involved in a romantic relationship with the teacher for the last three months.
What offense is being committed and what is the penalty? PC. 21.12
a. Indecency with a child
b. improper relationship with a student and child
c. Sexual Assault
d. Improper Relationship Between Educator and Student
D. Improper Relationship Between Educator and Student
2nd Degree Felony
2-20 years, $10,000
29
A 17-year-old high school student goes into the female locker rooms and secretly takes pictures of the girls in the locker room while they are in various stages of undress. The suspect then sends out the photos in a text to his friends.
What offense is being committed and what is the penalty? PC. 21.15
Invasive Visual Recording;
State Jail Felony
180 days - 2 years
$10,000
30
The officer responds to a domestic disturbance. Upon arrival, the officer observes the female to have bruising to her face and a cut lip. The female advises that her husband punched her in the face during the course of an argument.
What offense is being committed and what is the penalty? PC 22.01
Assault;
2nd Degree Felony
2 - 20 years, $10,000
also if one of the following occurs it is a 2nd Degree felony as well:
assault to a judge/officer on duty;
w/prior conviction of murder, kidnapping, agg.kidnapping, indecendy w/child and cont’ violence against family
or
intentionally or knowingly or recklessly chocked or suffocated
31
The officer is dispatched to a residence in regards to an unknown problem. The officer meets with the victim and learns that she was on a date with her boyfriend. At the end of the date, the suspect forced himself onto the victim and had anal sex with her, against her will.
What offense is being committed and what is the penalty? PC. 22.011
Sexual Assault
State Jail Felony
180 days - 2 years
$10,000
32
The officer responds to a domestic disturbance. Upon arrival, the officer observes the female to have bruising to her face and a cut lip. The female advises that her husband punched her in the face during the course of an argument. It was found that not only did the suspect punch the victim in the face, but he also hit her in the face with the butt of a handgun.
What offense is being committed and what is the penalty? 22.02
Aggravated Assault
BI + deadly weapon, 2nd Degree Felony; 2-20 yrs, $10k
Bodily Injury - physical pain, illness, or any impairment of physical condition
Aggravated Assault
SBI + deadly weapon; 1st Degree Felony, life, 5-99 years, $10,000
Serious bodily injury - means bodily injury that creates:
Substantial risk of death, Death, Serious permanent disfigurement or Protracted loss or Impairment of any bodily member or organ
33
The officer is dispatched to a residence in regards to an unknown problem. The officer meets with the victim and learns that she was on a date with her boyfriend. At the end of the date, the suspect forced himself onto the victim and had anal sex with her, against her will
it was found that the suspect held a knife to the victim and threatened her during the assault.
What offense is being committed and what is the penalty? PC. 22.021
Aggravated Sexual Assault
1st Degree Felony
life, 5-99, $10,000
25 year minimum enhancement if:
* child younger than 6; or
* younger than 14 and causes SBI; or
* attempts to cause death of victim or another in course of same criminal episode
34
The officer was dispatched to a residence in reference to an assault. Upon arrival, the officer learned from the victim’s family that a caregiver was caring for the victim. When the victim soiled herself, the caregiver struck the victim in the head with a closed fist, causing pain.
What offense is being committed and what is the penalty? PC. 22.04.
```
Injury to a Child, Elderly or Disabled Person
intentionally, or knowingly
Causes BI;
3rd Degree felony
2-10 years, $10,000
```
but if they intentionally or knowingly cause SBI; 1st Degree Felony; life, 5-99, $10,000
35
The officer learns from a neighbor that a parent has left an infant child alone at home. The officer hears an infant crying and is unable to make contact with anyone in the house. The officer fearing for the child’s safety makes emergency entry into the house and discovers the child in a crib. During the investigation, the parent arrives home and tells the officer that she left the child at home while she ran to the store to get baby formula and that she had only been gone for 15 minutes and did not mean to abandon or neglect her child.
What offense is being committed and what is the penalty? PC 22.041
Abandoning or Endangering a Child
State Jail Felony
180 days - 2 years, $10,000
bc she intended to return
if there was not intent to return; 3rd Degree Felony
2-10 years, $10,000
if there was imminent danger of death, BI, physical or mental impairment; 2nd Degree Felony, 2-20 yrs, $10k
if engaged in conduct placing child 15 yoa or younger in imminent danger of death, BI, physical or mental impairment; State Jail Felony, 180days-2 yrs, $10k
36
The officer is dispatched to a shots fired call. The officer meets with the victim and learns that he was driving and accidentally cut-off the suspect. The victim observed the suspect following him. The victim drove to his house and ran inside to call 911. The victim once inside observed the suspect pass by the house repeatedly and at one point the suspect pointed a handgun and shot at the victim’s car. The suspect then fled the scene.
What offense is being committed and what is the penalty? PC. 22.05
Deadly Conduct
3rd Degree Felony
2-10 years, $10,000
also could be if actor points at or in the direction of another; whether or not believed to be loaded. 3rd Degree Felony
recklessly engages in conduct placing others in imminent danger/SBI
Class A; up to 1 year, $4000, or both
37
The officer was dispatched in reference to a neighbor dispute. Upon arrival, the officer learned that the victim’s dog was barking and it upset the suspect. The suspect told the victim that if he didn’t quiet the dog, the suspect was going to go back inside of his house, grab a gun and shoot the victim and dog.
What offense is being committed and what is the penalty? PC. 22.07
Terroristic Threat
Class B Misdemeanor
up to 180 days, $2000, or both
38
The officer was dispatched to a local hospital. The officer met with a charge nurse and found that after the birth of a child it was discovered that the father of the child is the biological brother of the victim.
What offense is being committed and what is the penalty? PC. 25.02.
Prohibited Sexual Conduct
3rd Degree Felony
2-10 years, $10,000
```
the following are all F3:
current/former stepchild or step/parent;
brother/sister; actors brother/sister;
son/daughter of aunt/uncle;
...of half or whole blood;
```
the following is F2:
the actors ancestor or descendant by blood or adoption.
39
The officer learned that the father has weekend visitation rights with the child and did not return the child by 6:00 p.m. As indicted on the court order.
What offense is being committed and what is the penalty? PC. 25.03.
Interference with Child Custody
State Jail Felony
180 days - 2 years, $10,000
40
It was found that a 16-year-old female ran away to Las Vegas with her 19-year-old boyfriend.
What offense is being committed and what is the penalty? PC. 25.04.
Enticing a Child
Class B misdemeanor;
up to 180 days, $2000, or both
unless the actor intended to commit a felony against the child;
3rd Degree Felony
2-10 years, $10,000
41
The officer met the victim and learned that she is divorced from the suspect and he has been refusing to pay the court ordered child support for the past three months. The officer further learned the suspect is employed full-time by Walmart.
What offense is being committed and what is the penalty? PC. 25.05.
Criminal Nonsupport
State Jail Felony,
180 days - 2 years, $10,000
42
The officer was dispatched to a house fire. The officer learned that the suspect had defaulted on his mortgage and attempted to get out from under the payments by setting the house on fire.
What offense is being committed and what is the penalty? PC.28.02
Arson
2nd Degree Felony
2-20 years, $10,000
43
The officer met with a homeowner and learned that sometime during the nights the suspect(s) egged her front door causing permanent damage to the paint. PC. 28.03
What offense is being committed?
what is the penalty if damage amount was $100.00?
Criminal Mischief;
Class B misdemeanor;
Up to 180 days, $2000 or both
the penalty follows the General Value Theft schedule PC. 31.03
44
The officer learned that unknown person(s) spray-painted the victim’s garage door with gang symbols.
What offense is being committed and what is the penalty if the damage is $750.00? PC. 28.08.
Graffiti;
Class A;
Up to 1 year, $4000 or both
45
The officer was dispatched to a convenience store reference a theft that had just occurred. Upon arrival the officer learned that the suspect entered the store and removed a 12 pack of beer and attempted to leave the without paying. The store clerk attempted to stop the suspect and was pushed to the floor, causing pain.
What offense is being committed and what is the penalty? PC. 29.02.
Robbery
2nd Degree Felony;
2-20 years, $10,000
1. causes BI or
2. threatens or places fear of imminent BI or death.
46
The officer was dispatched to a convenience store reference a theft that had just occurred. Upon arrival the officer learned that the suspect entered the store and removed a 12 pack of beer and attempted to leave the without paying. The store clerk attempted to stop the suspect and was pushed to the floor, causing pain. It was learned that the victim suffered a broken arm when he fell to the floor.
What offense is being committed and what is the penalty? PC. 29.03.
Aggravated Robbery
1st Degree Felony
life, 5-99, $10,000
1. causes SBI
2. uses or exhibits deadly weapon
3. causes BI or threatens or places another in fear of imminent BI or death if the person is:
A. 65+ years old
B. disabled person
47
While the victim was away on vacation unknown person(s) entered her house by breaking a kitchen window. The person(s) then took a television and gaming system without the permission of the victim. What offense is being committed and what is the penalty? PC. 30.02.
Burglary
2nd Degree Felony
2-20 years, $10,000
48
The officer responded to a local amusement park to meet with a security guard who was holding four teenage subjects. The officer learned that the subjects jumped the fence to the amusement park after the park was closed for the evening and were attempting to ride a ride. The security guard stopped the subjects and detained them until the officer arrived.
What offense is being committed and what is the penalty? PC. 30.05.
Criminal Trespass
Class B Misdemeanor
Up to 180 days, $2000 or both
49
The officer was dispatched to the 7-11. The officer learned the suspect entered the business and removed a 12 pack of beer. The suspect then left the business without rendering proper payment. The store clerk then detained him.
What offense is being committed and what penalty? PC. 31.03.
Theft
Class C misdemeanor
up to a $500 fine
50
The officer responds to a domestic disturbance. Upon arrival, the officer observes a stack of 10 flat screen televisions lying on the floor in their unopened boxes. The suspect sees the officer looking at the boxes and makes a statement, “that’s one of the perks in working retail.” The officer begins an investigation.
What offense is possibly being committed? What is the penalty if the Televisions were valued at $200 each? PC. 31.16
Organized Retail Theft
Class A Misdemeanor
Up to 1 year, $4000 or both
51
The officer responded to a local pharmacy and met with the pharmacist. The officer learned the suspect entered the business and provided the pharmacist with a prescription request for hydrocodone. The pharmacist felt uneasy about the request and called the doctor listed on the prescription. The suspect observed the pharmacist making the phone call and fled the store. The officer learned that a prescription pad had been taken from the doctor listed on the prescription and person(s) were signing the doctor’s name attempting to get narcotics at various pharmacies throughout the city.
What offense is being committed and what is the penalty? PC. 32.21
Forgery;
Class A Misdemeanor
Up to 1 year, $4000 or both
52
The officer met with the victim and learned that she bought a violin from the suspect. The suspect told the victim the violin was valued at over $5,000 as it was over 150 years old. He provided the victim with a certificate of authenticity. After purchasing the violin for $4,000.00, the victim observed a trademark inside of the violin that showed, “Made in Taiwan, 1999.” The victim felt she was knowingly taken advantage of and wanted to press charges.
What offense is being committed and what is the penalty? PC. 32.22
Criminal Simulation
Class A Misdemeanor
Up to 1 year, $4000 or both
53
The officer met with the victim and learned that she was shopping and lost her debit card. She notified her bank of the lost card and found that the card was used at a local convenience store to purchase gas and alcohol. She did not give anyone authorization to use the card and desires prosecution.
What offense is being committed and what is the penalty? PC. 32.31
Credit Card or Debit Card Abuse
State Jail Felony;
180 days - 2 years, $10,000
if victim was 65+ yoa
3rd Degree Felony
2-10 years, $10,000
54
_______ is a firearm or anything manifestly designed, made, or adopted for purpose of inflicting death or SBI; or intended use capable of causing death or SBI. Actual injury not required and Criminal Intent not required
Deadly weapon
55
The officer learned the suspect completed a notarized loan application and received $3,000.00 for the purchase of a motorcycle. On the loan application, the suspect listed his place of employment and that he had worked there for seven years. Upon calling the employer to verify employment, the loan officer learned the suspect was never employed by the business.
What offense is being committed and what is the penalty? PC. 32.32
False Statement to Obtain Property or Credit or in the Provision of Certain Services
State Jail Felony
180 days - 2 years, $10,000 fine because the value of property is $2500+ and less than $30,00
56
The victim purchased a laptop computer from the business. The victim was told the computer was brand new and had only been used as a store display model. After purchasing the computer, the victim found out that the laptop had been refurbished and was not brand new as purported by the business owner.
What offense is being committed and what is the penalty? PC. 32.42
Deceptive Business Practices
Class A Misdemeanor
Up to 1 year, $4000 or both
57
The officer meets with a representative from Adult Protective Services. The officer learns that during a home visit with an elderly man the APS worker discovered that the elderly man’s grandson has been having him sign blank checks made out to the grandson. The elderly man showed the APS worker his bank account statement and it appears large withdrawals are occurring. The APS worker feels the elderly man is being taken advantage of by the grandson and would like to file a report.
What offense is being committed and what is the penalty? PC. 32.53
Exploitation of Child, Elderly Individual Disabled Individual
3rd Degree Felony
2-10 years, $10,000
58
The officers meet with a local business owner and learned that he terminated an employee for violating company policy. The business owner allowed the ex-employee the opportunity to retrieve her belongings from her workstation. The business owner left the ex-employee alone while he tended to a customer and upon returning observed the ex-employee to be deleting company financial records from the computer. The business owner desires prosecution.
What offense is being committed? PC. 33.02
Breach of Computer Security
Deleting property follows the General Value Chart under PC. 31.03
59
The officer met with a parent who found out that her 14-year-old daughter is a ninth grader and has been receiving inappropriate text messages and sexually explicit photos from a 17-year-old high school senior at her daughter’s school. The officer observed the cell phone to contain text messages describing sex acts that the suspect would like to perform with the victim as well as sexually explicit photos of the suspect. The parent would like to press charges.
What offense is being committed? PC. 33.021
Online Solicitation of a Minor
3rd Degree Felony
2-10 years, $10,000
except, 2nd Degree if minor younger than 14 yoa, or messages knowingly solicit to meet minor, with intent minor will engage in sexual contact, sexual intercourse, deviant sexual intercourse.
60
The officer learned that the victim had been in a previous relationship with her ex-boyfriend. The victim told the officer that the ex-boyfriend, without her permission, had opened the victim’s Facebook account and posted threatening and harassing messages to the victim’s friends and family while purporting to be the victim.
What offense is being committed and what is the penalty? PC. 33.07
Online Impersonation
3rd Degree Felony
2-10 years, $10,000
because he threatened the other people.
61
The officer met with a local telecommunications company representative and learned that a contractor working for the company was suspected of diverting telecommunicating services to his own home without the permission of the company and without paying for the services.
What offense is being committed? PC. 33A.02
Unauthorized Use of Telecommunications Service
```
Class B - less than $500
Class A - $500-$1500
SJF - $1500-$20,000
3F - $20,000-$100,000
2F - $100,000-$200,000
1F - $200,000+
```
Class A - less than $500 and prior conviction;
SJF - less than $1500 and prior 2+ convictions
62
The officer found that an individual was manufacturing and selling filters that would allow people access to premium subscription channels on their televisions without paying for the services.
What offense is being committed and what is the penalty? PC. 33A.03
Manufacture, Possession, or Delivery of Unlawful Telecommunications Device
3rd Degree Felony
2-10 years, $10,000
63
The officer met with the telecommunications company and learned they had conducted a usage audit and found the suspect was receiving premium cable services through the company without paying for the usage. They believe the suspect is in possession of an unauthorized device that allows him or her to receive the services for free and would like to press charges.
What offense is being committed? PC. 33A.04
Theft of Telecommunications Service
```
Class B - less than $500
Class A - $500-$1500
SJF - $1500-$20,000
3F - $20,000-$100,000
2F - $100,000-$200,000
1F - $200,000+
```
Class A - less than $500 and prior conviction;
SJF - less than $1500 and prior 2+ convictions
64
The officer conducts a traffic stop for an improper lane change. Upon making contact with the driver, the officer observes the driver to be intoxicated. The driver tells the officer, “If you just let me go, I’ll make your day easier” and hands the officer a $100.00 bill. The officer places the driver under arrest.
What offense is being committed and what is the penalty? PC. 36.02.
Bribery;
2nd Degree Felony
2-20 years, $10,000
65
It is learned that prior to the court proceeding in reference to an enhanced theft, the witness was approached by a family member of the defendant and offered $500.00 to alter their testimony in the trial. The witness reported the incident to the police.
What offense is being committed? PC 36.05.
Tampering with Witness
66
A officer arrests an individual for parole violation. The parole violator tells the officer, “Wait ‘til I get out of prison, you’re going to pay for this in blood.” The officer felt threatened.
What offense is being committed and what is the penalty? PC 36.06.
Obstruction or Retaliation
3rd Degree Felony
2-10 yrs, $10,000
if he threatened juror, 2nd Degree Felony; 2-20 yrs, $10k
if he posted public servant info and results BI, 2nd Degree Felony; 2-20yrs, $10k
67
During the hiring process, it was discovered by the background investigator that the applicant listed on his official background statement that he had never been arrested or convicted of a crime above a class “C” misdemeanor. The investigator found the applicant had been arrested and placed on court ordered probation for DWI. The investigator observed the background statement to contain the applicant’s signature and that of a notary public.
What offense is being committed and what is the penalty? PC 37.02.
Perjury
Class A Misdemeanor
Up to 1 year, $4000 or both
68
During a criminal trial, a jailhouse snitch swore under oath that the defendant confessed and took responsibility for committing the crime. The incident supposedly occurred while both were housed together in jail. It was discovered later that the defendant and snitch were never housed together nor did they ever have contact while incarcerated.
What offense is being committed and what is the penalty? PC 37.03
Aggravated Perjury;
3rd Degree Felony
2-10 yrs, $10,000
69
An individual filed a theft of vehicle report with the local police agency. The defendant related the vehicle was stolen from his apartment complex. It was discovered through the investigation that the defendant could no longer make the car payments and therefore, drove the vehicle in Mexico, abandoned it and walked back across the international bridge. The vehicle was recovered.
What offense is being committed and what is the penalty? PC 37.08
False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee
Class B Misdemeanor, up to 180 days, $2000, or both
70
The officer while on foot patrol observes an individual sitting in the alleyway smoking a cigarette. As the officer approaches the individual, the officer smells the odor of burning marijuana. The individual sees the officer and quickly tries to chew up the cigarette. The officer is able to retrieve a partial piece of the cigarette and observes it to contain a green leafy substance believed to be marijuana.
What offense is being committed and what is the penalty? PC 37.09
Tampering with or Fabricating Physical Evidence
3rd Degree Felony
2-10 yrs, $10,000
71
The officer while on patrol observes a civilian vehicle with flashing red lights to have a vehicle pulled over on an apparent traffic stop. The officer pulls over to assist and discovers the individual was not a certified peace officer and had purchased the flashing red light online.
What offense is being committed and what is the penalty? PC 37.11.
Impersonating Public Servant;
3rd Degree felony;
2-10 yrs, $10,000
72
The officer was dispatched to a nightclub in reference to a subject disturbing. Upon arrival the officer met with the bouncer and learned the suspect purported himself to be a Fire Marshal and presented a law enforcement badge to the bouncer and demanded entry into to the club. The bouncer was suspicious of the individual and called the police.
What offense is being committed and what is the penalty? PC 37.12.
False Identification as Peace Officers; Misrepresentation of Property
Class B Misdemeanor
up to 180 days, $2000, or both
Has: card, document, badge, insignia or shoulder emblem.
73
The officer conducted a traffic stop for a stop sign violation. Upon making contact with the driver, the driver advised that he was running a quick errand and did not have any identification on his person. He further stated that his name was Joe Smith, D.O.B. 06/06/1966. During the course of the investigation the officer was able to verify the driver’s identity as James Smith, D.O.B. 03/26/1970. Mr. Smith was found to have an outstanding warrant for probation violation.
What offense is being committed and what is the penalty? PC 38.02.
Failure to Identify;
Class A Misdemeanor
up to 1 yr, $4,000, or both
or if he did not have a warrant, charge false information would be Class B
or if he refuses information then a Class C
or if he refuses information and fugitive from justice; Class B
74
The officer placed the suspect under arrest for DWI. While attempting to place the suspect in the back of the patrol vehicle, the suspect began kicking at the officer and trying to pull away. The suspect began kicking the patrol vehicle and struggled at the officers’ attempt to get him seat belted in the vehicle.
What offense is being committed and what is the penalty? PC 38.03
Resisting Arrest, Search or Transportation
Class A misdemeanor
up to 1 yr, $4,000 or both
if he uses a deadly weapon to resist arrest or search,
3rd Degree felony
2-10 yrs, $10,000
75
The officer smelled a strong odor of suspected marijuana in the air and observed the suspect sitting on a bench smoking a hand rolled cigarette. The suspect saw the officer and quickly stood up and began to walk away. The officer in full police uniform ordered the suspect to stop. The suspect ran from the officer. The officer was able to catch the suspect and place him under arrest.
What offense is being committed and what is the penalty? PC 38.04.
Evading Arrest or Detention
Class A Misd., up to 1 yr, $4,000 or both
but, if a Prior conviction, or without prior conviction and uses vehicle/water craft while in flight; State Jail Felony, 180days - 2 yrs, $10,000
or with prior conviction uses vehicle/water craft while in flight; another suffers SBI; 3rd Degree Felony, 2-10 yrs, $10k
or another dies as direct result
2nd Degree Felony, 2-20yrs, $10,000
76
The officer was walking towards a residence in hopes of locating a subject for criminal nonsupport. As the officer approached the house a female appeared at the door and yelled, “Run, Joe, it’s the police they’re here for you.” The subject then fled the residence. The female was placed under arrest.
What offense is being committed and what is the penalty? PC 38.05.
Hindering Apprehension of Prosecution
| Class A Misd., up to 1 yr, $4,000 or both
77
The officer was dispatched to the county jail in reference to holding a subject. Upon arrival, the officer learned that during the course of a visit with a prisoner the suspect was observed passing a cell phone to the prisoner. The suspect was placed under arrest.
What offense is being committed and what is the penalty? PC 38.11.
Prohibited Substances and Items in Correctional Facility;
3rd Degree Felony,
2-10 yrs, $10,000
this is an offense that PC 15.01 criminal attempt does not reduce. It stays as a 3rd Degree Felony charge.
78
The officer responded to an apartment fire to meet with fire department personnel. Upon speaking with the fire commander, it was learned that the suspect kept ignoring the commands of the fire personnel to move away from the scene. The suspect, who appeared intoxicated, kept going to the fire truck and attempting to turn knobs and stand on the truck, causing a disruption to their firefighting efforts. The suspect was placed under arrest.
What offense is being committed and what is the penalty? PC 38.15.
Interference with Public Duties;
| Class B Misdemeanor, up to 180 days, $2000, or both
79
The canine officer was assisting with a building search at a department store. The canine located the suspect hidden beneath a clothing rack. The suspect attempted to flee and shot the officer’s canine partner, severely injuring the animal.
What offense is being committed and what is the penalty? PC 38.151.
Interference with Police Service Animals;
2nd Degree Felony
2-20 yrs, $10,000.
it is also a 2nd Degree Felony if you kill, cause material/permannt disservice by injury, likely to cause cause material/permannt disservice by injury
SJF - if you injure
Class A - interferes, obstructs animal or handler. releases or enters area of control.
Class B - throws an object/substance.
Class C - taunts, torments, strokes
80
A person walks into a local convenience store and observes an individual pointing a handgun at the store clerk. The person turns and leaves the store and makes no attempt to call the police.
What offense is being committed and what is the penalty? PC 38.171
Failure to Report Felony;
| Class A Misd., up to 1 yr, $4,000 or both
81
An officer while on duty in official police uniform observes a female run a stop sign. The officer conducts a traffic stop and tells the female, “If you don’t want to earn a ticket then you can show me your breasts.” The female was scared and complied but filed an immediate report with internal affairs.
What offense is being committed and what is the penalty? PC 39.03.
Official Oppression;
Class A Misd., up to 1 yr, $4,000 or both
but if official oppression occured w/the public servant acting w/intent to impair accuracy of data to TEA through Public Education Information. 3rd Degree Felony
82
The officer responded to the mall on a subject disturbing call. Upon arrival, the student/officer met with the mall security in their office where two subjects were being detained. According to witnesses, both suspects got into a physical altercation in the mall by the Santa Claus set up when an argument ensued over one of the suspect’s cutting in line in front of the other suspect. After a loud exchange of words and vulgarity by both parties, the suspects began shoving each other until separated by the security officers.
What offense is being committed and what is the penalty? PC 42.01
Disorderly Conduct
Class C Misdemeanor, up to $500 fine
Out of the many offense under this section, two instances where it could be a Class B Misdemeanor; up to 180 days, $2000, or both.
(a) 7 discharges a firearm in a public place other than a public road or a sport shooting range; LGC 250.001.
(a) 8 Displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.
83
While on duty in a marked patrol unit, the officer exited the Interstate and came to a stop behind other cars waiting for a pedestrian standing in the roadway attempting to wash windows to get off the roadway.
What offense is being committed and what is the penalty? PC 42.03
Obstructing Highway or other passageway
| Class B Misdemeanor, up to 180 days, $2000, or both
84
The officer is dispatched to the local cemetery where an outdoor funeral service is being held for a military service member. About 600 feet from the service is a large group of persons protesting the military. The group is shouting at the direction of the service offensive and vulgar comments causing the services to be halted until the police arrive.
What offense is being committed and what is the penalty? PC 42.055
Funeral Services Disruption;
Class B Misdemeanor,
up to 180 days, $2000, or both
85
The officer is summoned to classroom B-170 at the college campus where the classroom instructor felt fear from a student who threatened to harm her for giving the student an “F” on an exam.
What offense is being committed and what is the penalty? PC 42.07
Harassment;
Class B Misdemeanor
up to 180 days, $2000, or both
86
The officer is dispatched to the local cemetery regarding trespassers. Upon arrival, a maintenance employee directs the officer to the location where the trespassers are located. Believing the suspects are on the property to conduct some form of mischief, the officer discovers that the suspects had dug up a grave in an effort to break open the casket and steal the corpse as a gang initiation.
What offense is being committed and what is the penalty? PC 42.08
Abuse of Corpse;
Class A Misdemeanor
up to 1 year, $4000, or both
All other offense committed under this section is a State Jail felony; 180 days - 2yrs, up to $10,000 fine
87
The officer is dispatched to shots fired in a municipal residential area. The municipality has a population of 250,000. Upon arrival in the area, the officer hears further gunfire, which leads him/her to a residence where it appears that the home owner/suspect is seen out in the front of the residence shooting at pigeons with a .22 caliber pistol.
What offense is being committed and what is the penalty? PC 42.12
Discharge of Firearm in Certain Municipalities;
Class A Misdemeanor
up to 1 year, up to $4000, or both
***Remember the population of the municipality has to be 100,000 or more
88
The officer is working in an undercover capacity in the downtown area of the city conducting surveillance on a corner store that has experienced several robberies over the past couple of weeks. During the surveillance, a female offering the officer oral sex for 50 dollars approaches the officer.
What offense is being committed and what is the penalty? PC 43.02
Prostitution
Class B Misdemeanor;
up to 180 days, $2000, or both
(it is an affirmative defense to the female in the scenario, if she engaged bc she was a victim of trafficking or PC 43.05 compelling prostitution)
**but if a person were to pay a fee for a prostitute Class A Misdemeanor; up to 1 year, up to $4000, or both
F2 - if person who actor agrees to engage w/was a person younger than 18 yoa (regardless if known or not)
89
While on patrol, the officer stops at a local convenience store to get a cup of coffee. While in the store, the officer observes a rack displaying several magazines showing full nudity of women on the covers open for view to the public.
What offense is being committed and what is the penalty? PC 43.22
Obscene Display or Distribution
Class C Misdemeanor
up to a $500 fine
90
While on patrol, the officer stops at a local convenience store to get a cup of coffee. While in the store, the officer observes a rack displaying several magazines showing full nudity of women on the covers open for view to the public. the officer also observes a 14-year-old thumbing through one of the pornographic magazines.
What offense is being committed and what is the penalty? PC 43.24
Sale, Distribution, or Display of Harmful Material to Minor;
Class A Misdemeanor
up to 1 year, up to $4000, or both
***but if a person employed a minor to knowingly assist in the Sale, Distribution, or Display of Harmful Material to Minor; 3rd Degree Felony, 2-10 yrs; $10,000
91
After the execution of a search warrant and examination of the suspect’s computer, the officer receives the data in print from the forensics technician that shows multiple photographs of naked children engaging in sexual conduct.
What offense is being committed? PC 43.26
Possession or Promotion of Child Pornography
*** if the actor has no prior convictions under this section it is a:
3rd Degree Felony,
2-10 yrs; $10,000 fine
***if the actor promotes (or intends to) the pornography, knowingly or intentionaly;
2nd Degree Felony;
2-20 yrs; $10,000
92
After the execution of a search warrant and examination of the suspect’s computer, the officer receives the data in print from the forensics technician that shows multiple photographs of naked children engaging in sexual conduct.
In the course of the investigation with the scenario above, the officer discovered the children in the photographs had taken and transmitted the photographs to others for financial gain.
What offense is being committed? PC 43.261
Electronic Transmission of Certain Visual Material Depicting Minor
93
While on patrol, the officer observes three subjects standing on the side of a convenience store building. In an effort to engage in a voluntary conversation with the subjects, the officer pulls up next to the subjects. Upon approach, the officer observes the suspect hand an object over to one of the other suspects and sees the second suspect can possession of the object and place it inside of his back pants pocket. The officer being concerned for his/her safety detains the second suspect and conducts a pat down of the suspect’s outer clothing. During the pat down frisk, the officer recognizes the object to be a tire-deflating device.
What offense is being committed and what is the penalty? PC 46.05
Prohibited Weapons
State Jail Felony;
180 - 2yrs, $10,000 fine
Tire Deflating Device - a device including a caltrop or spike strip, that when driven over, impedes or stops the movement of wheeled vehicle by puncturing one or more of the vehicles tires.
94
The officer is summoned to the local jail where a visitor is being detained by the detention personnel. Upon arrival, the officer is advised that the visitor arrived to visit an inmate and was observed by staff to have an object in his left pant pocket. While inside the facility, the visitor/suspect was quickly frisked and a switchblade knife was recovered.
What offense is being committed and what is the penalty? PC 46.10
Deadly Weapon in a Penal Institution
3rd Degree Felony,
2-10 yrs, $10,000
95
While on patrol, the officer observes the suspect walking along the side of the roadway with the appearance of being lost. The officer stops to assist the suspect and upon approach, the officer discovers the suspect to be highly intoxicated and disoriented.
What offense is being committed and what is the penalty? PC 49.02
Public Intoxication;
Class C Misdemeanor
up to $500 fine
96
The officer observes a vehicle traveling over the posted speed limit and conducts a stop on the vehicle. Upon approach, the officer observes an open/uncapped liquor bottle in the center console of the vehicle, but the driver is eventually cleared of driving while intoxicated after the officer conducts a field sobriety test on the subject.
What offense is being committed and what is the penalty? PC 49.031
Possession of Alcoholic Beverage in Motor Vehicle;
Class C Misdemeanor
up to $500 fine
(aka - Open Container)
***remember this is 1 of the 3 non-arrestable offenses...the other two mentioned in TC were speeding and using a telecommunications device while driving.
97
The officer responds to a motor vehicle involving injuries. Upon arrival to the accident scene, the victim was struck by the suspect’s vehicle while legally crossing the street, suffering SBI. After the investigation, the suspect was determined to be too intoxicated to operate a motor vehicle.
What offense is being committed and what is the penalty? PC 49.07
Intoxication Assault
3rd Degree Felony;
2-10 yrs, $10,000
98
Joe hires mary to kill tom for $10,000. Mary is arrested before she could carry out the act. Documented evidence is found.
What offense is being committed and what is the penalty? PC 15.03
Criminal Solicitation
1st degree felony
life or 5-99 years, $10,000
99
Fred a 20 year old male shoots and kills a 14 year old girl.
What offense is being committed? PC 19.03
Capital Murder;
| death; or life without parole
100
While on patrol, the officer observes three subjects standing on the side of a convenience store building. In an effort to engage in a voluntary conversation with the subjects, the officer pulls up next to the subjects. Upon approach, the officer observes the suspect hand an object over to one of the other suspects and sees the second suspect can possession of the object and place it inside of his back pants pocket. The officer being concerned for his/her safety detains the second suspect and conducts a pat down of the suspect’s outer clothing. During the pat down frisk, the officer recognizes the object to be knuckles.
What offense is being committed and what is the penalty? PC 46.05
Prohibited Weapons
Class A Misdemeanor;
up to 1 year; $4000 or both
If the suspect had any of the following prohibited weapons unless registered: it would be a 3rd Degree Felony:
```
armor-piercing ammunition
chemical dispensing device
zip gun
firearm silencer (not curio/relic)
improvised explosive device
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101
to best serve justice a State Jail felony may be reduced to a Class A misdemeanor.
True or False
True
102
An offense that is referred to as jail time is a _____.
Class B Misdemeanor
103
An offense that is referred to as "Penitentiary time possible" is a _____.
3rd Degree Felony
104
The following is an example of ______________. PC 1.02
1. Insure Public Safety through
a. Deterring crimes by penalty
b. Rehabilitation of those convicted
c. Punishment as may be necessary
Objectives of penal code
105
_____ - act or omission and accompanying mental state
Conduct
106
_______ - Punished by death or penitentiary time
felony
107
_____ - human being who is alive, including unborn child at every stage of gestation
Individual
108
______ - includes, for an individual who is an unborn child, the failure to be born alive.
Death
109
______ - person elected, selected, appointed, employed, or otherwise designated, even if not yet qualified for office or assumed the duties of that office.
Including: officer, employee, jury, arbitrator, referee, attorney, notary public, candidate for nomination, person serving government function
Public Servant
110
______ - actual care, custody, control or management.
Possession
111
_______ means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
A. Proceeeding
B. Trial
C. Hearing
D. Official Proceeding
D. Official Proceeeding
112
______ - means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute.
A. Tort
B. Ordinances
C. Law
D. Rules and Regulations
C. Law
113
______ -
threat to commit offense; inflict bodily injury; or accused of any offense, exposed to hatred, contempt or ridicule;
harm credit or business repute (reputation); or
withhold action as public servant or cause public servant to withhold action
Coercion
114
_______ - means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Alcoholic beverage
115
Tom wanted to annoy someone today with a laser pointer he just purchase, he pointed it at an emergency medical service worker. An officer on scene saw this occur. PC 42.13
What offense is being committed?
A. Disorderly Conduct
B. Use of Laser Pointer
C. Harrassment by persons in certain facilities, Harrassment of Public Servant
D. Assault
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What is the penalty?
A. Class C
B. Class A
C. F3
D. Class B
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B. Use of Laser Pointer
A. Class C Misdemeanor
up to $500 fine
116
Tom wanted to annoy someone today with a brand new laser pointer that claimed it could reach extremly far. He he pointed it at low flying aircraft. An officer on scene saw this occur. PC 42.14
What offense is being committed?
A. Use of Laser Pointer
B. Harrassment by persons in certain facilities, Harrassment of Public Servant
C. Illumination of aircraft by intense light
D. Criminal Mischief
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What is the penalty?
A. Class A
B. Class C
C. Class B
D. F3
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C. Illumination of aircraft by intense light
B. Class C Misdemeanor
up to $500 fine;
but if he impaired the operators ability to control the aircraft offense would be a Class A Misdemeanor, up to 1 yr, $4000 fine
117
“in loco parentis” who can use force, but not deadly force, against a child younger than 18 years of age necessary to discipline the child or to safeguard or promote his welfare.
loco parentis includes parents, grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.
118
_______ is when a person acts is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. 6.03
recklessly, or is reckless
119
A person acts with ________, when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. 6.03
criminal negligence, or is criminally negligent
