Penal Code - Test 2

Question 1

A child in sexual offenses is younger than?

Answer 1

17 years of age
(17 is the age of consent)

Question 2

Restraint— the victim is a child who is ____or older and younger than____, the victim is taken outside the state and outside a _____radius from the victim’s residence

Answer 2

14 years of age

17 years of age

120 mile

Question 3

When does the offense of unlawful restrain is a felony of second degree?

Answer 3

If A restrains PO/Judge on duty

Sec. 20.02. (3) notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.

Question 4

A noncustodial parent commits an offense of _______________ … knowingly entices or persuades the child younger than ____ years of age to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.

Answer 4

Interference with Child Custody

18

Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY.

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm

Question 5

Joe gets out of Jail and is desperate to have sex. He ends up at the local park having sex with a duck he caught in the lake.

Answer 5

Bestiality

Question 6

Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.

(a) A person commits an offense if, during a period that is ____ months or less in duration, the person _______ times engages in conduct that constitutes an offense under Section 25.07.

Answer 6

12 months

2 or more times

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm

Question 7

What category offense is murder as a result of sudden passion?

Answer 7

Second degree felony

(2-20 years + $10,000)

Question 8

Manslaughter is the offense of ________ felony.

E.g. Speeding down a highway at 100+ mph. Lose control, crash, kill passenger(s).

Answer 8

Second degree felony

Question 9

A person commits an offense of capital murder if the person commits murder and (remember the 9 ways):

1.

Answer 9

1. knowingly, PO or firemen on duty;
2. intentionally murders while committing another felony (kidnapping, burglary, robbery, agg sex assault, arson, obstruction, retaliation, terroristic threat);
3. for (promise of) remuneration (murder for hire);
4. while (attempting to) escaping from a penal institution;
5. while incarcerated, murders another (employee, as gang initiation)
6. while serving a life sentence;
7. multiple murders during the same criminal transaction; or pursuant to the same scheme or course of conduct (e.g. serial killers)
8. murders an individual under 10 years of age; or
9. murders a judge as a retalition.

Sec. 19.03. CAPITAL MURDER.

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm

Question 10

A device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry into a structure, motor vehicle, or other property.

Ex. Lock pick, bump key, anything specifically designed to break into someone else’s property.

Answer 10

Mechanical security device

Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE.

Question 11

In this section, “__________” means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.

Answer 11

abandon

Sec. 22.041. ABANDONING OR ENDANGERING CHILD.

Question 12

(a) A person commits an offense of _________________ if, in violation of an order issued under Article 6.08, Code of Criminal Procedure, the person knowingly or intentionally:
(1) commits an offense under Title 5 Offenses Against Persons or Section 28.02 Arson, 28.03 Criminal Mischief, or 28.08 Graffiti and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;
(2) communicates (similar to Sec. 25.07 or see below)

…communicates directly with:

• a protected individual or family member
• through any person to a protected individual…
• in any manner prohibited by a protective order

(3) goes to or near the residence, employment, business…

Answer 12

Violation of Protective Order Preventing Offense Caused by Bias/Prejudice

= Hate Crime

Sec. 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE.

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm

Question 13

A person commits an offense of _________ if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person’s consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.

Answer 13

Voyeurism

Question 14

the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:

(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;

(B) is reckless as to whether the habitation, building, or vehicle is occupied; and

(C) in discharging the firearm, causes serious bodily injury to any person.

Answer 14

Aggravated Assault

Question 15

A person commits an offense of ________________ if the person engages in sexual intercourse or deviate sexual intercourse with another person (by blood or adoption) the actor knows to be, without regard to legitimacy.

Answer 15

• *Prohibited Sexual Conduct**
• (can’t arrest but can document except *)*

Voluntary = Incest

*Involuntary = Sexual Assault

Sec. 25.02. PROHIBITED SEXUAL CONDUCT

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm

Question 16

A person commits an offense if, without the other person’s ___and with intent to invade the privacy of the other person, the person: (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a_____that the intimate area is not subject to public view;

(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or
(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission

Answer 16

consent

reasonable expectation

Question 17

A person commits an offense if the person: intentionally, knowingly, or recklessly impedes the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.

Answer 17

Assault

Question 18

Lisa abducts a child and demands a ransom for the child’s safe release. Lisa gets scared and, before the ransom is paid, releases the child unharmed. What category offense has Lisa committed?

1. Class A misdemeanor
2. State Jail Felony
3. Third degree felony
4. Second degree felony
5. First degree felony

Answer 18

4 .Second degree felony

Question 19

Trafficking of person not a child is what category offense?

Answer 19

Second degree felony

Question 20

A person commits an offense of abandoning or endangering a child if he intentionally, knowingly, recklessly, or with criminal negligence (culpable mental states*), by act or omission, engages in conduct that places a child younger than _______ in imminent danger of death, bodily injury, or physical or mental impairment.

* https://statutes.capitol.texas.gov/Docs/PE/htm/PE.6.htm

Examples: driving drunk with a child under ____ yrs old; boating with a child without a life vest

Answer 20

15 years

Question 21

A person commits an offense if, with a child younger than____ , whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or (B) causes the child to expose the child’s anus or any part of the child’s genitals. (Def)?

Answer 21

17 years of age

Indecency with a child

Question 22

Jane, a 15 year old female, confessed to her mother that she had sexual intercourse with her 17 year old boyfriend Dale. Jane’s mother became angry and called the police wanting to file charges on Dale. Which of the following, if any, do you believe the district attorney would accept?

1. Aggravated Sexual Assault
2. None of the listed are correct
3. Indecency With a Child
4. Sexual Assault

Answer 22

2. None of the listed are correct

Question 23

Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN FACILITIES*; HARASSMENT OF PUBLIC SERVANT.

Actor causes contact of another person with b_____, s________ or v________ fluid, s________, u______, or f________ of the actor, any other person, or animal.

If a PO is spit on = _____________ (name the offense)
If a civilian is spit on = _____________ (name the offense)

*correctional, detention, civil commitment

Answer 23

blood, seminal or vaginal fluid, saliva, urine, or feces

Harrassment (Sec. 22.11)

Assault (Sec. 22.01)

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm

Question 24

Person commits an act of aggravated sexual assault if the Victim is younger than __years of age or the victim is ___ or disabled.

Answer 24

14

elderly

Question 25

A person commits an offense of **manslaughter** if he \_\_\_\_\_\_causes the death of an individual.

Answer 25

## Footnote **recklessly**

Question 26

Joe goes over to his new girlfriends house. He ends up alone in her daughters room and touches her between the legs.

Answer 26

Indecency with a Child

Question 27

When does the offense of **unlawful restrain is a felony of 3rd degree**?

Answer 27

* **V is exposed to SBI risk** * **V is a PO/PS on duty** * **A in custody restrains another** (c) An offense under this section is a Class A misdemeanor, **except** that the offense is: ... (2) **a felony of the third degree** if: (A) the actor recklessly **_exposes the victim to a substantial risk of serious bodily injury;_** (B) the actor restrains an individual the actor knows is a **public servant** while the public servant is lawfully discharging an **_official duty_** or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or (C) **_the actor while in custody restrains any other person_**; or (3) notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.

Question 28

A twenty year old female has consensual sexual intercourse with her sixteen year old boyfriend who says he wants to marry her. What offense has occurred. A: indecency with a child B: lewd conduct C: sexual assault D: aggravated sexual assault E: no offense committed

Answer 28

: sexual assault

Question 29

At the punishment stage of trial, the defendant may raise the issue as to whether he caused the death **under the immediate influence of sudden passion arising from** \_\_\_\_\_\_ (***e.g. cheating spouse killed by a jealous spouse; father killing an intruder who's assaulting father's kids)***

Answer 29

adequate cause

Question 30

Which of the following would not constitute Capital Murder? 1) Murder of a fireman acting in performance of an official duty . 2) Murder during the commission of arson. 3) Murder for remuneration or promise of remuneration. 4) Murder during the commission of felony criminal mischief.

Answer 30

**Murder during the commission of felony criminal mischief**

Question 31

The most serious crime that a person commits is “ \_\_\_\_\_\_\_\_\_\_\_\_\_\_” if they intentionally kill another person while committing “arson”. 1) Criminally negligent homicide 2) Manslaughter 3) Capital Murder 4) Murder

Answer 31

## Footnote **Capital Murder**

Question 32

Restraint is \_\_\_\_\_\_if it is accomplished by force, intimidation, or deception; or by any means, including acquiescence of the victim if the victim is a child younger than \_\_\_\_.

Answer 32

## Footnote **without consent** **14 years of age**

Question 33

The most serious crime that a person commits is “Capital Murder” if they murder a person under the age of _____ years of age. 1. 12 2. 10 3. 8 4. 6 5. 7

Answer 33

**10**

Question 34

Any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

Answer 34

## Footnote **Sexual Contact**

Question 35

## Footnote A person commits an offense of **abandonding or endaring a child,** if, having custody, care, or control of a child **younger than ____ years,** he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable **risk\*** of harm. *The element of risk along is very important.*

Answer 35

**15 years** Sec. 22.041 (b) ABANDONING OR ENDANGERING CHILD.

Question 36

## Footnote It is no offense to detain or move another under the unlawful restrain section when it is for the purpose of effecting a ________ or \_\_\_\_\_\_.

Answer 36

## Footnote **lawful arrest or detaining**

Question 37

What is criminal homicide? How many types are there?

Answer 37

19.01 Criminal homicide - **anything that is to cause the death of an individual.** 1. **Murder** 2. **Capital Murder** 3. **Manslaughter** 4. **Negligent Homicide**

Question 38

To restrict a person's movements without consent, so as to interfere **substantially** with the person's \_\_\_\_\_\_, by moving the person from one place to another or by \_\_\_\_\_the person

Answer 38

## Footnote **liberty** **confining**

Question 39

Trafficking of person who is a child is what category offense?

Answer 39

## Footnote **First degree**

Question 40

## Footnote Sec. 25.11. CONTINUOUS VIOLENCE AGAINST THE FAMILY. (a) A person commits an offense if, during a period that is ___ **months or less** in duration, the person __________ **times** engages in conduct that constitutes an offense under Section 22.01(a)(1) Assault against another person or persons whose relationship to or association with the defendant is described by Section 71.0021(b) Dating Violence, 71.003 Family, or 71.005 Household, Family Code.

Answer 40

**12 months** **two or more** [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm)

Question 41

A person commits an offense of ______________ if __________ of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells installs or sets up the instrument or device.

Answer 41

**unlawful use of criminal instrument or mechanical security device** **with knowledge** Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE

Question 42

A person “transports” several young Mexican men with the intent of **forcing them to labor i**n fruit orchards in south Texas. What crime, if any, has occurred? 1. Unlawful Transport 2. Trafficking of Persons 3. Kidnapping 4. Unlawful Restraint

Answer 42

## Footnote **Trafficking of Persons**

Question 43

A person commits an offense if: (1) without the\_\_\_\_ of the depicted person, the person intentionally discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct; (2) the visual material was obtained by the person or created under circumstances in which the depicted person had a \_\_\_\_\_that the visual material would remain private; (3) the disclosure of the visual material causes harm to the depicted person; and (4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through: (A) any accompanying or subsequent information or material related to the visual material; or (B) information or material provided by a third party in response to the disclosure of the visual material.

Answer 43

effective consent reasonable expectation

Question 44

It is an affirmative defense to prosecution under section21.11 (Indecency with a child) that the actor: (1) was not more than \_\_\_\_\_than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and (3) at the time of the offense: (A) was not required, to register for life as a sex offender; or (B) was not a person who had a reportable conviction or adjudication for an offense under this section.

Answer 44

three years older

Question 45

A person commits an offense if he **intentionally or knowingly restrains another person.** According to the Texas Penal Code 20.02, this is the definition of: 1. Aggravated Kidnapping 2. Unlawful Restraint 3. Restraint 4. Aggravated Restraint 5. Kidnapping

Answer 45

## Footnote **Unlawful Restraint**

Question 46

\_\_\_\_\_\_\_\_\_\_\_\_\_ actions or agreements made by persons affected by a protective order **do not** affect the validity of the order or the duty of a peace officer to enforce this section (i.e. SHALL arrest)

Answer 46

**Reconciliatory** [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm)

Question 47

## Footnote Violation of Protective Order Preventing Offense Caused by Bias/Prejudice (aka Hate Crime) is a Class ___ misdemeanor. ....unless it is shown on the trial of the offense that the defendant has previously been **convicted two or more times** or .... committing an assault, in which event the offense is a _____ degree felony.

Answer 47

**Class A misdemeanor** ($4,000, jail up to one year or both) **Third degree felony** (2-10 years + $10,000)

Question 48

\_\_\_\_\_\_\_\_\_\_\_ means passion directly caused by and arising out of **provocation** by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

Answer 48

**Sudden Passion** [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm)

Question 49

A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Answer 49

Assault

Question 50

When does the offense of **unlawful restrain** have an **affirmative defense** to prosecution?

Answer 50

**Under two sets of conditions:** 1. **Child \< 14 yrs** 2. **A is a relative** 3. **A assumes lawful control** AND 1. **Child 14-17 yrs** 2. **A did not usef force, intimidation, deception** 3. **A ≥ 3 yrs than the child (e.g. highschool love birds)** (b) It is an affirmative defense (**doesn’t affect the arresting authority guidelines**) to prosecution under this section that: (1) the person restrained was a child younger than 14 years of age; (2) the actor was a relative of the child; and (3) the actor's sole intent was to assume lawful control of the child. **AND** (e) It is an affirmative defense to prosecution under this section that: (1) the person restrained was a child who is 14 years of age or older and younger than 17 years of age; (2) the actor does not restrain the child by force, intimidation, or deception; and (3) the actor is not more than three years older than the child * P.C. Title 5, Chapter 20, Sec. 20.02* * https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*

Question 51

## Footnote A person commits an offense ___________ if the person takes or retains a child younger than \_\_\_\_\_years of age: (1) ... violates the express terms of a judgment or order... of a court disposing of the child's custody; (2) when the person **has not been awarded custody** of the child ... and takes the child **out of the geographic area of the counties composing the judicial district ...**and with the intent to deprive the court of authority over the child; or (3) **outside of the United States...**

Answer 51

**Interference with Child Custody** **18** Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm)

Question 52

What conditions make restrain "without consent"?

Answer 52

**Force, intimidation, deception + any means for V \< 14 yrs or V is incompetent (any age) V is 14-17 yrs + outside the state + 120-ml radius from V's residence** Restraint is "without consent" if it is accomplished by: (A) force, intimidation, or deception; or (B) **_any means_**, including acquiescence of the victim, if: (i) the victim is a child who is **_less than 14 years of age or an incompetent person (any age)_** and the parent, guardian, or person or institution acting in *loco parentis* has not acquiesced in the movement or confinement; or (ii) the victim is a child who is **_14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence_**, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement. * P.C. Title 5, Chapter 20, Sec. 20.01* [*https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm)

Question 53

Female breast" means

Answer 53

any portion of the female breast below the top of the areola.

Question 54

Offense: Engages in sexual intercourse, deviate sexual intercourse, sexual contact whether another is present who will be offended or alarmed

Answer 54

Public Lewdness

Question 55

A person commits an offense if, during a period that is ___ **or more days in duration,** the person engages **two or more times** in conduct that constitutes an offense under Section 20A.02 Trafficking of Persons against **one or more victims.**

Answer 55

## Footnote **30**

Question 56

A person commits the offense of _______________ if the person knowingly or intentionally: (1) commits **family violence** **or** 20A.02 Trafficking of Persons, 22.011 Sex Assault, 22.021 Agg Sex Assault, or 42.072 Stalking (2) **communicates directly with**: * a protected individual or family member * through any person to a protected individual... * in any manner with the protected individual... except through the person's attorney...; (3) **goes to or near:** * the residence, employment, business... * child care facility, residence, or school.... (4) possesses a **firearm**; (5) harms, threatens, or interferes with the care, custody, or control of a **pet**... (6) ...otherwise tampers with a **global positioning monitoring** system (ankle monitor)

Answer 56

Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE. [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm)

Question 57

A twenty-five year old female has consensual sexual intercourse with a sixteen year old boy. What offense has occurred? no offense because boy agreed to the act Aggravated Sexual Assault Deviate Sexual Intercourse Sexual Assault

Answer 57

Sexual Assault

Question 58

A person commits an offense if, during a period that is ___ **or more days in duration**, the person engages **two or more times** in conduct that constitutes an offense under Section 20.05 (Def)?

Answer 58

**10** **Continuous Smuggling of Persons** [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm)

Question 59

When is **unlawful restraint a felony of the third degree?**

Answer 59

## Footnote **Victim is exposed to a substantial risk of SBI or** **the person restraint is a public servant on duty**

Question 60

## Footnote **Under Sec. 22.041 Abandoning or Endangering Child,** It is **presumed** that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if: (1) the person **manufactured, possessed, or in any way introduced** into the body of any person the controlled substance ____________ in the presence of the child; (3) the person injected, ingested, inhaled, or otherwise introduced a **controlled substance listed in ___________ Section 481.102, Health and Safety Code**, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code.

Answer 60

**methamphetamine** **Penalty Group 1** *[https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm)*

Question 61

\_\_\_\_\_\_\_\_\_\_\_\_means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.

Answer 61

## Footnote **Criminal instrument**

Question 62

the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge

Answer 62

Sexual Assault

Question 63

Anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted **for use in the commission of the offense.** *Ex. Coat hanger to break into car; if you catch them before the act*

Answer 63

**Criminal Instrument** Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE.

Question 64

What offense is committed when a person intends to cause **serious bodily injury** and commits an act clearly dangerous to human life that causes the **death** of an individual?

Answer 64

**Murder** [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm)

Question 65

**Aggravated Kidnapping** A person commits an offense if he intentionally or knowingly abducts another person with the intent to\_\_\_\_\_\_\_\_ **(list 6 conditions):**

Answer 65

1. Hold for **ransom or reward;** 2. Use as a **shield or hostage;** 3. Facilitate the commission of a felony or the flight after the attempt or commission of a felony; 4. Inflict **bodily injury...** or **abuse him sexually;** 5. **Terrorize** him or a third person; 6. Interfere with the performance of **any governmental or political function**

Question 66

## Footnote A person commits an offense of _____________ if he threatens to commit any offense involving **violence** to any person or property .... (1) an official/volunteer agency that **deals with emergencies**; (2) place any **person in fear of imminent SBI;** (3) **prevent or interrupt the occupation**... of a building, room, place of assembly, public place... (4) **disrupt public service** (e.g. comm, tranport, utilities) (5) place the **public**... in fear of SBI *(e.g. bomb threat)* (6) influence... political unit of fed or state gov

Answer 66

**Terroristic Threat** Sec. 22.07. TERRORISTIC THREAT [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm)

Question 67

A person penetrates someone else's sexual organ with a foreign object

Answer 67

Sexual assault

Question 68

A person commits an offense of ____________ if the person possesses a \_\_\_\_\_\_\_\_or mechanical security device with the \_\_\_\_\_\_\_to use the instrument or device in the commission of an offense.

Answer 68

**unlawful use of criminal instrument** **criminal instrument** **the intent** Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE. [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.16.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.16.htm)

Question 69

April goes to the park and starts video taping an all girls volleyball team, making sure to get every jiggle of the girls breasts. She intends to put the video online.

Answer 69

Invasive visual recording

Question 70

A person “transports” several young Mexican men with the intent of **hiring them to labor** in fruit orchards in south Texas. What crime, if any, has occurred? 1. Trafficking of Persons 2. Kidnapping 3. No crime has occurred 4. Unlawful Transport

Answer 70

## Footnote **No crime has occurred**

Question 71

A 37 year old grabs a 13 year old's crotch

Answer 71

Indecency with a Child

Question 72

## Footnote A person commits an offense of ___________ if he **recklessly** engages in conduct that places another in **imminent** **danger** of serious bodily injury (**SBI**). An offense under this Section is a _________ misdemeanor.

Answer 72

**deadly conduct** **Class A** Sec. 22.05. DEADLY CONDUCT. *[https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm)*

Question 73

Changing room" means

Answer 73

a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.

Question 74

One night Mr. Anderson intentionally, while intoxicated, runs over Mr. Smith with his automobile killing Smith. What is the highest crime that Mr. Anderson can be charged with? 1) Murder 2) Capital Murder 3) Intoxicated Manslaughter 4) Negligent Homicide Class A Assault

Answer 74

## Footnote **Murder**

Question 75

**Unlawful restraint is a state jail felony** if the person restraint was a child younger than\_\_\_\_

Answer 75

## Footnote **17 years of age**

Question 76

A person commits _____ if he **intentionally, knowingly, recklessly, or with criminal negligence causes the death** of an individual.

Answer 76

**Criminal Homicide** Sec. 19.01. TYPES OF CRIMINAL HOMICIDE [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm)

Question 77

## Footnote A person commits an offense of **leaving a child in a vehicle** if he **intentionally or knowingly** leaves a child in a motor vehicle for longer than _________ minutes, knowing that the child is: (1) younger than ________ years of age; and (2) not attended by an individual in the vehicle who is ______ years of age or older.

Answer 77

**5 minutes** **7 years of age** **14 years of age** Sec. 22.10. LEAVING A CHILD IN A VEHICLE. (a) [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm)

Question 78

How does the definition of "individual" in Sec. 20.01 differs from Sec. 1.07?

Answer 78

**Born vs. Unborn** Sec. 20.01 (5) Notwithstanding Section [1.07](http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PE&Value=1.07), "individual" means a human being who has been **_born and is alive_**. Sec. 1.07, (26) "Individual" means a human being who is **_alive, including an unborn child_** at every stage of gestation from fertilization until birth.

Question 79

Harry Buck is 20 years old. Harry has consensual sexual intercourse with Carla Jones. 13 years old. What would be the most appropriate charge to file? A: Aggravated sexual assault, first degree felony B: Indecency with a child, second degree felony C: Sexual assault, second degree felony D: Prohibited sexual conduct, third degree felony

Answer 79

A: Aggravated sexual assault, first degree felony

Question 80

## Footnote A person commits murder if he **(3 ways):** (1) _________ or knowingly causes the death of an individual; (2) intends to cause __________ and commits an act clearly dangerous to human life that causes the death of an individual (***e.g. torture, cutting or shooting someone in extremity to bleed to death)***; or (3) commits or attempts to commit a \_\_\_\_\_\_\_, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual ***(e.g. fleeing from a crime scene in a vehicle, hitting and killing a bystander in the process; suffocating a victim to death during sex assault)***

Answer 80

**intentionally** **SBI (serious bodily injury)** **felony** Sec. 19.02. MURDER [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm)

Question 82

What offense does a person commit when he **intentionally and knowingly abducts** another person. What category offense?

Answer 82

## Footnote **Kidnapping** **Third degree felony**

Question 83

John Smith abducted Jane Smith. The fact that Jane Smith is John Smith’s daughter, and his sole intent was to assume lawful control and did not use deadly force is ________ for John Smith. A: a defense for prosecution B: an affirmative defense to prosecution C: an exception to prosecution D: no defense to prosecution

Answer 83

B: an affirmative defense to prosecution

Question 84

\_\_\_\_\_\_\_\_\_\_means cause that would commonly produce a degree of **anger, rage, resentment, or terro**r in a person of ordinary temper, sufficient to render the mind incapable of **cool reflection**\*. \* *key - duration of time*

Answer 84

**Adequate Cause** [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm)

Question 85

John Smith abducted Jane Smith. The fact that Jane Smith is John Smith’s daughter, and his sole intent was to assume lawful control and did not use deadly force is _____ for John Smith. 1. an exception to prosecution 2. a defense to prosecution 3. an affirmative defense to prosecution 4. no defense to prosecution

Answer 85

## Footnote **3. an affirmative defense to prosecution**

Question 86

A person commits an offense if:(1) the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor

Answer 86

Sexual Assault

Question 87

## Footnote A person commits an offense of **deadly conduct** if he **knowingly** discharges a \_\_\_\_\_\_\_\_at or in the direction **individual(s)**; **habitation**, **building**, or **vehicle**.... occupied. (c) Recklessness and danger are presumed if the actor knowingly pointed a ______ at or in the direction of another whether or not the actor believed the _______ to be loaded. An offense under this Subsection is a **felony of the** \_\_\_\_\_\_\_\_\_\_.

Answer 87

**firearm** **third degree** Sec. 22.05. DEADLY CONDUCT. *[https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm)*

Question 88

## Footnote \_\_\_\_\_\_\_\_ means to restrict a person's movements without consent, so as to **_interfere substantially with the person's liberty_**, by moving the person from one place to another or by confining the person

Answer 88

**Restrain** * P.C. Title 5, Chapter 20, Sec. 20.01* * [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm)*

Question 89

James De Lord is married to Betty De Lord and they live in Gatesville, TX. James De Lord owns a transportation business which causes him to spend 2 weeks a month in San Antonio. During the times James was in San Antonio, he met and fell in love with Lola Peckenpaw. James loved both Betty and Lola and to have the best of both worlds, James married Lola. Betty found out about this and filed charges on James. What charges did she file? A: polygamy B: aggravated polygamy C: bigamy D: incest

Answer 89

C: bigamy

Question 90

Penetration of the female sex organ by the male sex organ.

Answer 90

## Footnote **Sexual Intercourse**

Question 91

John is 17 years of age. His parents adopt Mira, a 17 years old female. John and Mira have consensual sexual intercourse. What offense has occurred. A: sexual assault B: aggravated sexual assault C: prohibited sexual conduct D: no offense committed. Both are 17 and conduct was consensual E: lewd conduct

Answer 91

C: prohibited sexual conduct

Question 92

Person commits offense if he: 1) Engages in act involving contact between a persons mouth, genitals, or anus with an animals mouth genitals or anus. 2) Fondles anus or genitals in non lawful manner 3) Causes animal to contact seminal fluid of human

Answer 92

21.09 Bestiality

Question 93

Lisa abducts a child and demands a ransom for the child’s safe release. Lisa gets scared and, before the ransom is paid, releases the child unharmed. What offense has Lisa committed? 1. unlawful restraint 2. interference with child custody 3. enticing a child 4. kidnapping 5. aggravated kidnapping

Answer 93

## Footnote **5. aggravated kidnapping**

Question 94

A person commits an offense of __________ if he intentionally or knowingly restrains another person.

Answer 94

**Unlawful Restrain** * P.C. Title 5, Chapter 20, Sec. 20.02* * [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm)*

Question 95

An offense under the **unlawful restrain** section is a ________ misdemeanor

Answer 95

**Class A misdemeanor** Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a **_Class A misdemeanor_** shall be punished by: (1) a fine not to exceed **_$4,000;_** (2) confinement in jail for a term **_not to exceed one year;_** or (3) **_both_** such fine and confinement. * P.C. Title 5, Chapter 20, Sec. 20.02(c)* * https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*

Question 96

A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault.

Answer 96

Aggravated Assault

Question 97

A person commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

Answer 97

**Murder**

Question 98

What offense is committed when a person **intentionally or knowingly** causes the **death** of an individual?

Answer 98

**Murder** [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm)

Question 99

A person commits an offense regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

Answer 99

Sexual Assault

Question 100

A peace officer investigating conduct that may constitute an offense under **Section 25.07** for a violation of an order may ________ a **person protected by that order for a violation of that order.**

Answer 100

**not arrest** Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE. [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm)

Question 101

What category offense is Capital Murder?

Answer 101

**Capital felony** Sec. 12.31. CAPITAL FELONY. * state seeks the death penalty = life without parole or by death * state does not seek the death penalty: (1) **life**, if A committed the offense when **younger than 18 years** of age; or (2) **life without parole**, if A committed the offense when **18 + years of age**

Question 102

## Footnote The offense of **Leaving a Child in a Vehicle** is a ______ misdemeanor.

Answer 102

**Class C misdemeanor** (fine not to exceed $500)

Question 103

An individual abducts another person for ransom, but lets the person go alive an unhurt. What crime has occurred? 1. Kidnapping 2. Aggravated Kidnapping 3. Unlawful Restraint 4. Abduction

Answer 103

## Footnote **Aggravated Kidnapping**

Question 104

Person commits an act of sexual assault and the person: - causes SBI or attempts to cause death of the victim in the course of the same criminal episode - by acts or words MAKES THE VICTIM FEAR that they will become a victim of trafficking or that death, SBI, or kidnapping will be imminently inflicted - by acts or words in the presence of the victim make them fear that anyone will become a victim of trafficking or that death, SBI, or kidnapping will be imminently inflicted (threatening mom that children will be hurt) - uses or exhibits deadly weapon - acts in concert with another individual towards the same victim - with intent to assault the victim provides or administers substance that impairs the victim

Answer 104

Aggravated Sexual Assault

Question 105

What makes "Continuous Sexual Abuse of Young Child"?

Answer 105

During a period that is **30 or more days** the actor commits **2 or more** acts of sexual abuse AND the **A was 17 + years** of age and the **V was younger than 14.**

Question 106

Trafficking of persons: A **Child** means a person younger than \_\_\_

Answer 106

## Footnote **18 years of age**

Question 107

The most serious crime that a person commits is “\_\_\_\_\_\_\_\_\_\_\_\_\_\_” if they murder more than one person A) **during the same criminal transaction**; or (B) during different criminal transactions but the murders are committed **pursuant to the same scheme** or course of conduct. 1) Criminally Negligent Homicide 2) Manslaughter 3) Capital Murder 4) Murder

Answer 107

## Footnote **Capital Murder**

Question 108

## Footnote **Note on ages**

Answer 108

**Definitions of a Child** 19.03 Capital Murder - child under 10 years 20.01 Restrain, Kidnapping, Smuggling - less than 14 or incompetent of any age 14 -17 years 20.05 Smuggling on Persons - younger than 18 20 Trafficking - younger than 18 * 17 years old - age of consent * 14 and younger = 0 up to 14 * younger than 14 = 0 to 13 (?)

Question 109

A person commits the offense of ______ if he causes the death of an individual by criminal negligence. *E.g. A driver is given multiple tickets for not having proper license to operate a dump truck. Then he accidentally runs over a victim. Defendant ought to have known he should not be driving but chose to drive anyway.*

Answer 109

## Footnote **Criminal negligent homicide**

Question 110

A person commits “indecency with a child” if, with a child younger than ____ years of age and not his spouse, whether the child is of the same or opposite sex, he engages in sexual conduct with the child. A: 17 B: 14 C: 15 D: 16

Answer 110

A. 17

Question 111

\_\_\_\_\_\_\_\_\_\_\_means a device designed or manufactured for use by a **locksmith** to perform services for a customer who seeks entry to structure, motor vehicle, or other property.

Answer 111

## Footnote **Mechanical security device**

Question 112

A person commits an offense if the person ______ traffics another person with the intent that the trafficked person engage in forced labor or services. (def.)

Answer 112

## Footnote **knowingly** **Trafficking of persons**

Question 113

What offense does a person commit if the person **knowingly installs an electronic or mechanical tracking device on a motor vehicle** owned or leased by another person.

Answer 113

**Unlawful Installation of Tracking Device** Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE. [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.16.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.16.htm)

Question 114

A very jealous husband handcuffs his wife to a bedpost against her will and doesn’t turn her loose for a week. What crime has occurred? 1. Unlawful Restraint 2. Slavery Domestic Violence 3. no offense, 4. the woman agreed in her marriage vows to obey her husband.

Answer 114

## Footnote **Unlawful Restraint**

Question 115

Intimate area" means

Answer 115

the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person

Question 116

## Footnote **Notes on Continuity**

Answer 116

20.06 Cont's Smuggling: **10/10+ days, 2/2+ times** 20A.03 Cont's Trafficking of Persons: **30/30+ days, 2/2+ times; 1/1+ V** 21. 02 Cont's Sex Abuse of Young Child(ren): **30/30+ days, 2/2+ acts, 1/1+ V** 25. 072 Repeated Violation of Certain Court Orders: **12/12- months, 2/2+ times** 25. 11 Continuous Violence Against the Family: **12/12- months, 2/2+ times**

Question 117

In the course of an armed robbery of a convenience store, the robber intentionally shoots and kills a store employee. What is the most serious crime that has occurred? 1) Aggravated Robbery 2) Criminally Negligent Murder 3) Manslaughter 4) Capital Murder

Answer 117

## Footnote **Capital Murder**

Question 118

What category offense is murder?

Answer 118

**First degree felony** (5-99 years + $10,000)

Question 119

Continuous Trafficking of persons is what category offense?

Answer 119

## Footnote **First degree**

Question 120

A person commits an offense if the person \_\_\_\_\_\_\_\_engages in any of the following acts in a \_\_\_\_\_\_\_\_or, if not in a public place, the person is ________ about whether another is present who will be offended or alarmed by the person's: (1) act of sexual intercourse; (2) act of deviate sexual intercourse; or (3) act of sexual contact.

Answer 120

Knowingly Public Place Reckless

Question 121

A twenty year-old-man engages in nonconsensual deviate sexual intercourse with a fourteen-year-old boy. A weapon is not displayed and the boy does not receive any serious bodily injury. What crime, if any, has occurred?

Answer 121

Sexual Assault

Question 122

Person commits offense if he:1) Inserts any human body part or object into anus or genitals of animal in non lawful manner 2)Purchases, sells, possesses, or transfers animal with intent to comit actions (1-4) 3)Organizes, Promotes, Conducts, or Participates as observer in actions (1-4) 4/5) Causes, aids, or permits actions (1-4) to occur on any premise in person's control 6) Engages in actions (1-4) in front of child younger than 18

Answer 122

Bestiality

Question 123

What conditions meet the definition of abduction?

Answer 123

"**Abduct**" means to restrain a person with intent to prevent his liberation by: **(A) secreting or holding him in a place where he is not likely to be found;** **_OR_** **(B) using or threatening to use deadly force** * P.C. Title 5, Chapter 20, Sec. 20.01* * [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm)*

Question 124

A person commits an offense if the person with the intent to obtain pecuniary benefit, knowingly: Use a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with intent to conceal the individual from a peace officer. *Think contract between two parties*

Answer 124

**Smuggling of Persons** Sec. 20.05. SMUGGLING OF PERSONS. [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm)

Question 125

Any contact between any part of the genitals of one person and the mouth or anus of another person; the penetration of the genitals or the anus of another person with an object. (Def.)

Answer 125

## Footnote **Deviate Sexual Intercourse**

Question 126

What are the elements of "Indecent Exposure"?

Answer 126

Exposing anus or genitals with intent to arouse or gratify sexual desire of any person and is RECKLESS whether someone is present who will be offended or alarmed.

Question 127

When does the offense of **unlawful restrain is a state jail felony?**

Answer 127

**When V is \< 17 yrs** (c) An offense under this section is a Class A misdemeanor, **except** that the offense is: (1) a **state jail felony\*** if the person restrained was a child **younger than 17 years of age**; **\*Sec. 12.35.** **_STATE JAIL FELONY PUNISHMENT_**. (a) ...confinement in a state jail for any term of not more than **_two years or less than 180 days._** (b) ...fine not to exceed **_$10,000._** * P.C. Title 5, Chapter 20, Sec. 20.02(c)(1)* * https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm*

Question 128

## Footnote \_\_\_\_\_\_ means to restrain a person with intent **_to prevent his liberation._**

Answer 128

**Abduct** (=kidnapping) * P.C. Title 5, Chapter 20, Sec. 20.01* * [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm)*

Question 129

PC Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE (a) A person commits an offense if: (1) the person possesses a ___________ or \_\_\_\_\_\_\_\_\_\_\_device with the **intent** to use the instrument or device in the commission of an offense; **or** (2) **with knowledge of its character and with the intent** to use it or aid or permit another to use the instrument or device in the commission of an offense, the person **manufactures, adapts, sells, installs, or sets up** the instrument or device. (b) For the purpose of this section: (1) ________ means anything, the **possession, manufacture, or sale** of which is **not** otherwise an offense, that is **specially designed, made, or adapted for use** in the commission of an offense. (2) ________ means a device designed or manufactured for use by a **locksmith** to perform services for a customer who **seeks entry to a structure, motor vehicle, or other property.**

Answer 129

## Footnote **(a)(1) criminal instrument, mechanical security** **(b)(1) criminal instrument** **(b)(2) mechanical security**

Question 130

PC Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE (b) A person commits an offense if the person \_\_\_\_\_installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person. (d) It is an **affirmative defense** to prosecution... that the person: (1) obtained the ______ \_\_\_\_\_\_of the owner or lessee of the motor vehicle **before** the electronic or mechanical tracking device was installed; (2) **assisted** another whom the person reasonably believed to be a **PO authorized** to install the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency; or (3) was a **private investigator** licensed under Chapter 1702, Occupations Code, who installed the device wtih **written consent, devise given by owner, authorized entry** into a private residential property, pursuant to **court autorization**.

Answer 130

## Footnote **knowingly** **effective consent**

Question 131

# PC Exam 2 Question PC Sec. 19.01. TYPES OF CRIMINAL HOMICIDE (a) A person commits criminal homicide if he **(list 4 culpable mental states)** \_\_\_\_\_\_, \_\_\_\_\_\_\_\_, \_\_\_\_\_\_, _______ causes the **death** of an individual. (b) Criminal homicide is **(list 4 types)**

Answer 131

1. **intentionally** 2. **knowingly** 3. **recklessly** 4. **with criminal negligence** 1. **murder** 2. **capital murder** 3. **manslaughter** 4. **criminally negligent homicide**

Question 132

# PC Exam 2 Question PC Sec. 19.02. MURDER (1) __________ means cause that would commonly produce a degree of **anger, rage, resentment, or terror** in a person of ordinary temper, **sufficient to render the mind incapable of cool reflection** *(key: duration of time)* (2) __________ means passion directly caused by and arising out of **provocation** by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. (b) A person commits an offense if he **(list 3 ways to commit a murder):** (c) Except as provided by Subsection (d), an offense under this section is a **felony of the ____ degree.** (d) ...under the **influence of sudden passion** arising from an adequate cause. If the defendant proves... by a **preponderance of the evidence,** the offense is a felony of the \_\_\_\_degree.

Answer 132

## Footnote **(a)(1) Adequate Cause** **(a)(2) Sudden Passion** **(b) death, SBI ⇒ death, felony (except manslaughter) ⇒ death** **(c) felony first degree (5-99 yrs + $10,000)** **(d) felony of second degree (2-20 yrs+ $10,000)**

Question 133

# PC Exam 2 Question PC Sec. 19.03. CAPITAL MURDER (a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) **and (list 9 categories):** (b) An offense under this section is a **capital felony.**

Answer 133

1. **knowingly** murders **PO or fireman on duty** 2. during **kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat** 3. for (promise) **remuneration** *(e.g. murder-for-hire)* 4. while (attempting) **escaping** from a penal institution; 5. while **incarcerated**, murders an **employee or for profit** 6. while **incarcerated** for murder or felony (capital, 1st degree) murders another; 7. murders **more than one person** during the **same** **criminal transaction** or during different criminal transactions but pursuant to the **same scheme** *(e.g. serial killer)* 8. murders another **under 10 years of age** *(e.g. killing a pregnant woman);* or 9. murders a **judge**.

Question 134

# PC Exam 2 Question PC Sec. 19.04. MANSLAUGHTER (a) A person commits an offense if he _______ causes the death of an individual. (b) An offense under this section is a felony of the \_\_\_\_\_\_\_degree.

Answer 134

**recklessly** **second degree felony** **(2-20 years + $10,000)**

Question 135

PC Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE (a) A person commits an offense if he causes the death of an individual by \_\_\_\_\_\_\_\_\_\_. (b) An offense under this section is a _________ felony.

Answer 135

**criminal negligence** **state jail** (1/2 - 2 yrs + $10,000) Criminal negligence is one step above accident.

Question 136

# PC Exam 2 Question PC Sec. 20.01. DEFINITIONS. In this chapter: (1) "\_\_\_\_\_\_\_\_\_" means to restrict a person's movements without consent, so as to **interfere substantially with the person's liberty,** by moving the person from one place to another or by confining the person. Restraint is **"without consent"** if it is accomplished by **(list the conditions):** (2) "\_\_\_\_\_\_\_" means to restrain a person with intent to **prevent his liberation** by: (A) **secreting or holding** in a place where he is not likely to be found; or (B) **using or threatening to use deadly force.**

Answer 136

## Footnote (a) (1) **Restrain** (a) (A) force, intimidation, or deception; or (a) (B) any means, **including V's acquiescence**, if: (i) V is **_less_ than 14 years** of age or an incompetent person (any age); or (ii) V is **14 years of age or older and younger than 17 years** of age, taken **outside of the state** and **outside** a **120-mile radius from the V's residence** (a) (2) **Abduct**

Question 137

# PC Exam 2 Question PC Sec. 20.02. UNLAWFUL RESTRAINT (a) A person commits an offense if he _______ or \_\_\_\_\_\_\_\_restrains another person. (b) It is an **affirmative defense** to prosecution under this section that: (1) the person restrained was a child **younger than** _____ years of age; (2) the actor was a **relative** of the child; and (3) the actor's sole intent was to assume **lawful control** of the child. (d) It is **no offense** to detain or move another under this section when it is for the purpose of effecting a ______ **arrest or detention.** (e) It is an **affirmative defense** to prosecution under this section that: (1) the person restrained was a child who is **14 and younger than 17;** (2) does **not** use force, intimidation, or deception; and (3) the actor is **not more than _____ years older** than the child. * (e.g. highschool love birds)*

Answer 137

## Footnote **(a) intentionally, knowingly** **(b) younger than 14 years of age** **(d) lawful** **(e) three years older than the child**

Question 138

PC Sec. 20.03. KIDNAPPING **= ABDUCTION** (a) A person commits an offense if he intentionally or knowingly _____ another person. (b) It is an **affirmative defense** to prosecution under this section that: (1) the abduction was **not** coupled with intent to (threaten to )\_\_\_\_\_\_\_\_; (2) the actor was a **relative** of the person abducted; and (3) the actor's sole intent was to **assume lawful control** of the victim. (c) An offense under this section is a felony of the _______ degree.

Answer 138

## Footnote **abducts** **deadly force** **third**

Question 139

PC Sec. 20.04. AGGRAVATED KIDNAPPING (a) A person commits an offense if he intentionally or knowingly **abducts** another person **with the intent to (list 6 conditions).** (b) A person commits an offense if the person intentionally or knowingly abducts another person and **uses or exhibits a deadly weapon** during the commission of the offense. (c) Except as provided by Subsection (d), an offense under this section is a felony of the _______ degree. (d) At the punishment stage of a trial, the defendant may raise the issue as to whether he **voluntarily released the victim in a safe place**. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a **felony of the second degree.**

Answer 139

**(a) 6 conditions that make an agg kidnapping** 1. hold him for **ransom** or **reward**; 2. use him as a **shield** or **hostage**; 3. facilitate the **commission of a felony** or the flight after the attempt; 4. inflict **BI** on him or **violate** or **abuse him sexually**; 5. **terrorize him or a third** person; or 6. **interfere** with performance of **any governmental or political function.** **(b) first degree felony (5-99 yrs + $10,000)**

Question 140

PC Sec. 20.05. SMUGGLING OF PERSONS (a) A person commits an offense if the person, with the intent to obtain a **pecuniary benefit**, knowingly: (1) uses a motor vehicle, aircraft, watercraft, or other **means of conveyance** to _________ an individual with the intent to: (A) **conceal** the individual from a \_\_\_\_\_\_or special investigator; or (B) flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor; or (2) encourages or induces a person to **enter or remain in this country** in violation of federal law by **concealing, harboring, or shielding** that person from detection *(the newest addition to the section)* (c) It is an **affirmative defense** to prosecution of an offense under this section, other than an offense punishable under Subsection (b)(1)(A) or (b)(2), that the actor is related to the smuggled individual within the second degree of ___________ or, at the time of the offense, within the second degree of affinity.

Answer 140

* *(a)(1) transport (a) (1)(A) peace officer (c) (2) consanguinity** Smuggling of persons is **not** human trafficking. Essentially, it's a contract between to parties (e.g. coyotes). Smuggling is a choice/contract. However, smuggling often turns into trafficking.

Question 141

PC Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS (a) A person commits an offense if, during a period that is ____ or more days in duration, the person engages _________ times in conduct that constitutes an offense under Section 20.05.

Answer 141

## Footnote **10 or more days** **two or more**

Question 142

PC Sec. 20A.01. DEFINITIONS (1) "Child" means a person **younger than** \_\_\_\_\_\_ (4) "\_\_\_\_\_\_\_\_" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.

Answer 142

## Footnote **18 years of age** **traffic**

Question 143

PC Sec. 20A.02. TRAFFICKING OF PERSONS (a) A person commits an offense if the person knowingly **(list 3 categories)**

Answer 143

1. **forced labor** (in SA: hotel industry / cleaning staff; restaurant / e.g. Asian) 2. **sex industry** (promotion, complelling, agg prostitution) 3. **child labor and sexual abuse** (cont's sex abuse, indecency, sex assault, agg sex assult, same as in #2, sex performance by a child, child pornography) Human trafficking can be domestic or international. However, it doesn't necessarily involve movement. Humans viewed as a commodity. It's a very profitable business model.

Question 144

PC Sec. 20A.03. CONTINUOUS TRAFFICKING OF PERSONS (a) A person commits an offense if, during a period that is ____ or more days in duration, the person engages _______ times in conduct that constitutes an offense under Section 20A.02 against _______ victims.

Answer 144

## Footnote **30 or more days** **two or more times** **one or more victims**

Question 145

PC Sec. 21.01. DEFINITIONS (1) **"Deviate sexual intercourse"** means: (A) any _____ between any part of the genitals of one person and the mouth or anus of another person *(oral or anal sex)*; or (B) the penetration of the genitals or the anus of another person with an object. (2) **"Sexual contact"** means, except as provided by Section 21.11, any _______ of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of **any** person.

Answer 145

## Footnote **contact** **touching**

Question 146

PC Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN (a) In this section, "**child**" means a person younger than ____ years of age. (b) A person commits an offense if: (1) during a period that is _______ days in duration, the person commits\_\_\_\_\_\_ acts of sexual abuse, **regardless** of whether the acts of sexual abuse are committed against ______ victims; and (2) at the time of the commission of **each of the acts** of sexual abuse, the **actor** is ______ **or older** and the **victim is a child younger than** ___ years of age, **regardless** of whether the actor knows the age of the victim at the time of the offense. (c) For purposes of this section, **"act of sexual abuse"** means any act that is a violation of one or more of the following penal laws: agg kinapping or burglary with intent of sex abuse, indecency with a child, sex assault, agg sex assault, sexual performance by a child, trafficking of persons, compelling prostitution. (d) ... the jury are **not** required to **agree \_\_\_\_\_\_\_\_\_**on which **specific acts** of sexual abuse were committed by the defendant or the **exact date** *(children may not have a good idea of time; e.g. last summer instaed of specific date)* when those acts were committed. The jury **must agree** __________ that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.

Answer 146

This section fit the pedofile and child predators "template" **younger than 17** *(17 is the age of consent)* **30 or more days, two or more, one or more** **17 years of age, younger than 14** **(not required to agree)** **unanimously on acts and dates** **(must agree)** **unanimously​ on continuity**

Question 147

PC Sec. 21.07. PUBLIC LEWDNESS. (a) A person commits an offense if the person knowingly engages in any of the following acts in __________ or, if not in \_\_\_\_\_\_\_\_, the person is **reckless** about whether another is present who will be offended or alarmed by the person's: sexual intercourse, deviate sexual intercourse; or sexual contact. (b) An offense under this section is a Class ____ misdemeanor.

Answer 147

**a public place** **Class A ($4,000 / one year; or both)** Tip: think of two parties involved in the offense; e.g. sex in car in a public park

Question 148

PC Sec. 21.08. INDECENT EXPOSURE (a) A person commits an offense if he _______ **his** anus or **any part of his** genitals with intent to arouse or gratify the sexual desire of **any** person, **and** he is _______ about whether another is present who will be offended or alarmed by his act. (b) An offense under this section is a Class \_\_\_\_misdemeanor.

Answer 148

**exposes** **reckless** **Class B** ($2,000 / 180 days [1/2 year]; or both) Don't confuse indecent exposure with disorderly conduct. Indecent exposure is more perverted. If gratifying in public with a child present ⇒ indecency with a child If gratifying without a child present ⇒ indecent exposure.

Question 149

PC Sec. 21.09. BESTIALITY (a) A person commits an offense if the person knowingly: (1) engages in an act involving _______ between: (A) the **person's** mouth, anus, or genitals and the anus or genitals of an \_\_\_\_\_\_; or (B) the person's anus or genitals and the mouth of the \_\_\_\_\_\_**.** (b) An offense under this section is a _______ felony, unless the offense is committed under Subsection (a)(9) *In Presence of a Child Younger Than 18*, or results in **SBI or death** of the animal, in which event the offense is a felony of the ______ degree.

Answer 149

**contact** **animal** **state jail felony** (1/2 - 2 yrs + $10,000) **felony second degree** (2-20 yrs + $10,000)

Question 150

PC Sec. 21.11. INDECENCY WITH A CHILD (a) A person commits an offense if, with a child **younger than** _____ of age, whether the child is of the same or opposite sex and **regardless** of whether the person knows the age of the child at the time of the offense, the person: (1) engages in **sexual contact** with the child or causes the child to engage in sexual contact; or (2) with intent to **arouse or gratify** the sexual desire of **any** person: (A) **exposes** the person's anus or any part of the person's genitals, **knowing the child is present**; or (B) **causes the child to expose** the child's anus or any part of the child's genitals. (b) It is an **affirmative defense** to prosecution under this section that the actor: (1) was not more than _____ years older than the victim and of the opposite sex; (2) did **not** use duress, force, or a threat against the victim at the time of the offense; and (3) at the time of the offense...was **not** required toregister **for life as a sex offender.** (c) In this section, **"sexual contact"** means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) **any** _______ by a person, including ______ through clothing, of the anus, breast, or any part of the genitals of a child or of a person.

Answer 150

**17 years** **three years older (Romeo and Juliet defense)** **touching (even through clothing)** Touching ⇒ indecency Penetration ⇒ sex assault If gratifying in public with a child present ⇒ indecency with a child If gratifying without a child present ⇒ indecent exposure.

Question 151

PC Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT (a) An employee of a _____ or _______ primary or secondary school commits an offense if the employee: (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works.

Answer 151

## Footnote **public or private**

Question 152

PC Sec. 21.15. INVASIVE VISUAL RECORDING (b) A person commits an offense if, without the other person's _____ and with intent to \_\_\_\_\_\_\_of the other person, the person: (1) photographs or by videotape or other **electronic means** records, broadcasts, or transmits a visual image of an intimate area of another person, of another in a bathroom or changing room. (c) An offense under this section is a \_\_\_\_\_\_felony. (e) For purposes of Subsection (b)(2), a **sign or signs posted** indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is _________ to establish the person's consent under that subdivision.

Answer 152

## Footnote **consent, invade the privacy** **state jail (1/2-2 yrs + $10,000)** **not sufficient**

Question 153

PC Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL (b) A person commits an offense if: (1) **without** the _________ of the depicted person, the person **intentionally discloses** visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct; (2) ...depicted person had a \_\_\_\_\_\_\_expectation that the visual material would remain private; (3) the disclosure of the visual material **causes harm** to the depicted person; and (4) the disclosure of the visual material **reveals the identity** of the depicted person in any manner.

Answer 153

## Footnote **effective consent** **reasonable**

Question 154

PC Sec. 21.17. VOYEURISM (PEEPING TOM) (a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, ______ another person without the other person's ______ while the other person is in a dwelling or structure in which the other person has a expectation of privacy.

Answer 154

## Footnote **observes** **consent** **reasonable**

Question 155

PC Sec. 21.18. SEXUAL COERCION (b) A person commits an offense if the person intentionally threatens, including by ______ or \_\_\_\_\_\_\_, to commit an offense... to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits: (1) intimate visual material; (2) an act involving sexual conduct causing arousal or gratification; or (3) a monetary benefit or other benefit of value.

Answer 155

## Footnote **coercion or extortion**

Question 156

PC Sec. 22.01. ASSAULT (a) A person commits an offense if the person: (1) **intentionally, knowingly, or recklessly** causes **BI** to another, including the person's \_\_\_\_\_\_; (2) intentionally or knowingly **threatens** another with ______ **BI**, including the person's \_\_\_\_\_; or (3) intentionally or knowingly causes _______ \_\_\_\_\_\_with another when the person knows or should reasonably believe that the other will regard the contact as _________ or \_\_\_\_\_\_\_\_\_. b) An offense under Subsection (a)(1) is a **Class A** misdemeanor, **except** that the offense is a **felony of the third degree** if the offense is committed against: (1) a person the actor knows is a public servant on duty; (2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, **Family Code** *(in most cases, we arrest even if V doesn't press charges. PO has to ensure no more family violence occurs)* (B) the offense is committed by intentionally, knowingly, or recklessly **impeding the normal breathing or blood circulation** of the person by applying pressure to the person's \_\_\_\_\_or neck or by blocking the person's nose or \_\_\_\_\_;

Answer 156

1. **spouse** 2. **imminent, spouse** (on the report need to articulate how imminent) 3. **physical contact, offensive or provocative** (not necessarity painful but provocative or offensive: spitting, pushing, finger pointing, throwing a drink, unwanted kiss) 4. (B) **throat, mouth** (check eyes for broken blood vessels; some injuries may manifest later) civilian spitting on another civilian - simple assault civilian spitting on PO - another offense (harrassment)

Question 157

PC Sec. 22.011. SEXUAL ASSAULT (a) A person commits an offense if: (1) the person intentionally or knowingly: (A) causes the **penetration...** of another person by sex organ, any means, **without** that person's **consent**; (2) regardless of whether the person knows the age of the **child** at the time of the offense, the person intentionally or knowingly (same as A) (b) A sexual assault under Subsection (a)(1) is **without the consent of the other person if:** (1) the actor compels the other person to submit or participate by **threatening** the use of physical \_\_\_\_\_\_, _________ or \_\_\_\_\_\_\_\_; (3) ...the other person is\_\_\_\_\_\_\_ or **physically unable to resist**; (4) ...as a result of **mental disease or defect**... **incapable** either of appraising the nature of the act or of resisting it; (5) ...the other person is **unaware** that the sexual assault is occurring; (6) ...**administering any substance** without the other person's knowledge; (8) the actor is a **public servant** who coerces... (9) the actor is a **mental health services** or a **health care** services provider (10) the actor is a **clergyman**... (11) the actor is an **employee of a facility** where the other person is a **resident** *(e.g. apartment manager, shelter)*

Answer 157

**(b)(1) force, violence, or coercion** **(b)(3) unconscious** "Child" means a person younger than 17 years of age

Question 158

PC Sec. 22.02. AGGRAVATED ASSAULT (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person: (1) causes _______ to another, including the person's **spouse**; or (2) **uses or exhibits** a ______ during the commission of the assault.

Answer 158

**serious bodily injury** **deadly weapon** Hits ⇒ agg assault Misses ⇒ deadly conduct

Question 159

PC Sec. 22.021. AGGRAVATED SEXUAL ASSAULT (a) A person commits an offense *(all conditions from Sec. 22.011 Sex Assault)* and (2) if: (i) causes ________ or attempts to cause the ______ of the victim or another... (ii) by acts or words places the victim in fear of **restrain, death, SBI, or kidnapping** will be ______ ... (iii) by acts or words occurring in the presence of the victim... (iv) **uses or exhibits a** ________ in the same criminal episode; (v) **acts in concert** with another... (vi) administers ...any substance capable of impairing the victim's ability... (B) the victim is **younger than** \_\_\_\_\_\_\_of **age,** regardless of whether the person knows the age of the victim at the time of the offense; or (C) the victim is an **elderly** or a **disabled** individual.

Answer 159

**serious bodily injury, death** **imminent** **deadly weapon** **14 years** "Elderly individual" means a person **65 years of age or older**. "Disabled individual" means a **person older than 13 years** of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.