Penal Code - Test 3 (incl. Value Ladder) Flashcards

Chapter 28

1
Q

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Class C misdemeanor

A

> $100

(A) the amount of pecuniary loss is less than $100; or

(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;

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2
Q

For purposes of theft of service an actor failed to make payment under service agreement within ___________ after receiving notice demanding payment.

A

10 days

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3
Q

means:

(A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true;

DEF?

A

Deception”

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4
Q

PC Quiz 2 Question - Value Ladder

PC Sec. 31.03. THEFT

Punishments - Value Ladder

A

Class C: > $100

Class B if:

  • $100 > $750;
  • State-issued DL, commercial DL, personal ID certificate
  • > $100 + conviction (any grade of theft) (MISDEMEANOR ENHANCEMENT)

Class A: $750 > $2,500

State Jail Felony if:

  • $2,500 > $30,000 or
  • >$2,500 and 2+ convict any grade of theft (FELONY ENHANCEMENT)
  • > $20,000 and the property stolen is aluminum, bronze, copper, brass
  • > $30,000 for >10 head of sheep, swine, or goats or any part;
  • regardless of $
    • theft of person, human corpse, grave, military grave marker;
    • stolen firearm;
    • official ballot or official carrier envelope for an election

Third Degree Felony:

$30,000 > $150,000 or

> $150,000 for:

  • cattle, horses, or exotic livestock, fowl, single transaction;
  • < 10 head of sheep, swine, or goats; single transaction
  • CS stolen from pharmacy, clinic, hospital, nursing facility, or warehouse; or vehicle owned/operated by a wholesale Rx distributor.

Second Degree Felony:

  • $150,000 > $300,000 or
  • > $300,000 and ATM (or content, components)

First Degree Felony: $300,000 +

Î to the next higher category of offense if:

  • public servant
  • in a gov contract
  • Medicare provide with Fed gov contract
  • the owner was elderly or nonprofit;
  • fire alarm ([de]activate)
  • used a shielding or deactivation instrument against retail theft detector.
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5
Q

the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses

A

3rd degree felony

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6
Q

Real property that is undeveloped for the purpose of human habitation

A

Open Space land 28.01

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7
Q

means

1) real property 2) tangible or intangible personal property, including anything severed from land 3) a document, including money, that represents or embodies anything of value.

A

Property”

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8
Q

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Class A misdemeanor

A

$750 > $2,500

Public H2O (regardless of $ loss)

(A) the amount of pecuniary loss is $750 or more but less than $2,500; or

(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss

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9
Q

the amount of the pecuniary loss is $30,000 or more but less than $150,000

A

3rd degree felony

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10
Q

(a) A person commits an offense if the person:

possesses, sells, or offers for sale tangible personal property and:

(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or

(B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.

A

TAMPERING WITH IDENTIFICATION NUMBERS.

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11
Q

A person commits an offense if, without the effective consent of the owner: he intentionally or knowingly damages or destroys the tangible property of the owner; tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner

A

Criminal Mischief

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12
Q

A person commits an offense if, with intent to defraud or harm another:

he possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or

A

Criminal Simulation

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13
Q

less than $30,000 and the actor: (i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service; or (ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;

A

State jail felony

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14
Q

Commits an offense if:
Without effective consent of the owner:
• Enters or remains on railroad property knowing that it is railroad property
• Tampers with railroad property
• Places an obstruction on a railroad track or right of way, or

A

o 28.07 Interference with Railroad Property:

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15
Q

(a) A person commits an offense if the person:
(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; DEF?

A

TAMPERING WITH IDENTIFICATION NUMBERS.

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16
Q

An offense under PC 28.02, Arson, is a felony of the ____ degree, unless bodily injury or _____ is suffered by any person by reason of the offense, in which event, it is a felony of the _____ degree.

A: first; death; third

B: first; serious bodily injury; second

C: second; death; first

D: second; serious bodily injury; first

A

C: second; death; first

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17
Q

less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon

A

State jail felony

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18
Q

A person commits an offense if he commits robbery as defined in Section 29.02, and he: DEF?

(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:

(A)_____or older; or

(B) a disabled person.

(b) An offense under this section is a felony of the____

A

AGGRAVATED ROBBERY.

65 years of age;

first degree.

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19
Q

means a mark that is identical to or substantially indistinguishable from a protected mark the use or production of which is not authorized by the owner of the protected mark.

A

“Counterfeit mark”

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20
Q

PC Quiz 2 Question - Value Ladder

Sec. 28.08. GRAFFITI

Punishments - Value Ladder

A

Class C: > $100

Class B: $100 > $750

Class A: $750 > $2,500

State Jail: $2,500 > $30,000
State Jail: $750 > $30,000 (school, higher edu inst., worship or human burial, public monument, community center [med, soc, edu programs])

Third Degree: $30,000 > $150,000

Second Degree: $150,000 > $300,000

First Degree: $300,000 +

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21
Q

A person causes an explosion with the intent to damage a vehicle to collect insurance money. Which offense has been committed? Reckless Conduct,

Criminal Mischief,

Terroristic threat,

Arson

A

Arson

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22
Q

A person intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person

A

CRIMINAL MISCHIEF.

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23
Q

if the amount of pecuniary loss is $150,000 or more but less than $300,000

A

a felony of the second degree

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24
Q

Placement of purple paint markers on trees or posts on a property not less than _________ in length and not less than _________ in width.

A

8 inches, 1 inch

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25
Q

“Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons and includes: (A) each separately secured or ______ of the structure or vehicle; and (B) each structure _______ to or connected with the structure or vehicle.

A

occupied portion; appurtenant

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26
Q

For the purpose of theft of service actor fails to return the property held under a rental agreement within _________ after receiving notice demanding return, and less than 2500

A

5 days

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27
Q

A person commits an offense if, with intent to defraud or harm another:

(1) he makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;

A

Criminal simulation

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28
Q

A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

(1) ?
(2) ?

A

(1) Any vegetation, fence, or structure on open space land (2) Any building, habitation, or vehicle

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29
Q

f the amount of pecuniary loss is $300,000 or more

A

1st degree felony

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30
Q

” means:

(A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner;

A

“Deprive

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31
Q
  • Move, alter, or interfere with railroad property.
A

Tamper:

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32
Q

Appropriation of property is unlawful if:

(1) it is without the owner’s _____;
(2) the property is stolen and the actor _______the property knowing it was stolen by another; or
(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property_______ it was stolen by another.

A
  1. effective consent
  2. appropriates
  3. believing
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33
Q

In the course of committing ____means conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft.

A

theft”

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34
Q

While intoxicated a person without consent, intentionally starts a fire that causes an explosion that destroys another’s home. Of the following, which is the most serious crime that has occurred?

Deadly Conduct

Criminal destruction

Unlawfully Carrying a Weapon

Arson

A

Arson

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35
Q

Person recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a _______________ and the fire or explosion damages any building, habitation, or vehicle.

A

Controlled Substance

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36
Q

PC Quiz 2 Question - Value Ladder

Sec. 31.04. THEFT OF SERVICE

Punishments - Value Ladder

A

Class C: >$100

Class B: $100 > $750

Class A: $750 > $2,500

State Jail Felony: $2,500 > $30,000

Third Degree Felony: $30,000 > $150,000

Second Degree Felony: $150,000 > $300,000

First Degree Felony: $300,000 +

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37
Q

Structure or vehicle that is adapted for overnight accommodations of a persons

A

Habitation 28.01

38
Q

Criminal mischief is tampering with tangible of the owner and causes __________ or __________ to owner of a third person.

A

pecuniary loss, Substantial inconvenience

39
Q

(a) A person commits theft of service if, with intent to _______for service that the actor knows is provided only for compensation:

A

avoid payment

40
Q

For the purpose of theft of service actor fails to return the property held under a rental agreement within _________ after receiving notice demanding return, and value is greater than 2500

A

3 days

41
Q

Means (a) A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record.

an offense under this section is a _____

A

FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING.

Class A misdemeanor.

42
Q

A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage…(Def)

A

Arson

43
Q

The actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, __________________________after receiving notice demanding payment.

A

fails to make full payment

44
Q

means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise.

A

“Shielding or deactivation instrument”

45
Q

The crime of “_________” would include a situation where a person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with the intent to destroy or damage any building, habitation, or vehicle when the person is Criminal Mischief Unlawful Conduct Arson Trespassing

A

Arson

46
Q

Means, A person commits an offense if, with the intent to use the instrument to commit theft, the person:

(1) possesses a shielding or deactivation instrument; or
(2) knowingly manufactures, sells, offers for sale, or otherwise distributes a shielding or deactivation instrument.
(c) An offense under this section is a _____.

A

POSSESSION, MANUFACTURE, OR DISTRIBUTION OF CERTAIN INSTRUMENTS USED TO COMMIT RETAIL THEFT.:

Class A misdemeanor

47
Q

less than $2,500, if the property was a fence used for the production or containment of: (i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or (ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code

A

State jail felony

48
Q

30.02. (a) A person commits an offense of burglary if, without the effective consent of the owner, the person?

1.

2.

3.

A

(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or

(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or

(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

49
Q

Criminal Mischief with damages or pecuniary loss is $100 or more but less than $750 it is a ____offense

A

Class B misdemeanor

50
Q

Robbery is ________ plus ______.

A

Threat, force

51
Q

(a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the_____

DEF?

A

ROBBERY.

second degree.

52
Q
    1. (a) A person commits an offense if, with intent to defraud or harm another:
      (1) he makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;
      (2) he possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or
      (3) he authenticates or certifies an object so made or altered as genuine or as different from what it is.
      (b) An offense under this section is a______
A

CRIMINAL SIMULATION.

Class A misdemeanor.

53
Q

any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

A

Building

54
Q

A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. DEF?

A

Theft

55
Q

Criminal Mischief with damages or pecuniary loss is $2500 or more but less than$30000 it is a ____offense

A

State jail felony

56
Q

Arson is destroying any __________,___________, or ________ on open land

A

Vegetation, fence, or structure

57
Q

Commits an offense if:
- Throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment;

A

o 28.07 Interference with Railroad Property:

58
Q

Criminal Mischief with damages or pecuniary loss is less than $100 it is a ____offense

A

Class C misdemeanor

59
Q

For purposes of burglary, “enter” means to intrude:

1.

2.

A

(1) any part of the body; or
(2) any physical object connected with the body.

60
Q

Means (a) A person commits an offense if the person steals an unsigned check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receives the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen.

(b) An offense under this section is a_________

A

STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER.:

Class A misdemeanor.

61
Q
  1. 04._______. (a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
    (b) For purposes of this section, “enter” means to intrude:

(1)

(2) .

A

BURGLARY OF VEHICLES

  1. any part of the body; or
  2. any physical object connected with the body
62
Q
    1. _______. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
      (1) had notice that the_______
      (2) received notice to ____but failed to do so.
      (b) For purposes of this section:
      (1) “Entry” means the intrusion of the_____
A

CRIMINAL TRESPASS;

entry was forbidden; or;

depart;

entire body.

63
Q

An offense under this section is a _____ if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.

A

State jail felony

64
Q

Criminal Mischief with damages or pecuniary loss is $750 or more but less than $2500 it is a ____offense

A

Class A misdemeanor

65
Q

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Felony of First Degree

A

$300k +

pecuniary loss is $300,000 or more

66
Q

Includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation

A

Vehicle 28.01

67
Q

” means:

(A) to alter, make, complete, execute, or authenticate any writing so that it purports:

(i) to be the act of another who did not authorize that act;
(ii) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or
(iii) to be a copy of an original when no such original existed;

A

“Forge

68
Q
    1. . (a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner.
      (b) An offense under this section is a______
A

RECKLESS DAMAGE OR DESTRUCTION;

Class C misdemeanor.

69
Q

Arson is destroying anything that is within the limits of an _______________ or _________.

A

Incorporated city, town

70
Q
    1. (a) A person commits an offense if, without the effective consent of the owner, the person: DEF?
      (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
      (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
      (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
A

BURGLARY.

71
Q

The Penal Code states that a person commits “Arson” if they start a fire or cause an explosion with the intent to destroy or damage a __________, ___________, or ____________. habitation, property, livestock building, structure, property house, office, animal habitation, building, vehicle

A

habitation, building, vehicle

72
Q

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Felony of Second Degree

A

$150k > $300k

$150,000 or more but less than $300,000

73
Q

A person commits an offense if he forges a writing with intent to

________another.

A

defraud or harm

74
Q

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

State Jail Felony

A
  • $2.5k > $30k
  • > $2.5k (habitation damaged by firearm or explosive; fence for cattle, bison, horses, sheep, swine, goats, exotic lifestock)
  • > $30k (interrupts or diverts flood control, dam, or public service)
  • $750 > $30k (worship or human burial, a public monument, or a community center {med, social, edu], public/private elementary, secondary school, institution of higher edu)

(A) $2,500 or more but less than $30,000;

(B) less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

(C) less than $2,500, if the property was a fence used for the production or containment of: cattle, bison, horses, sheep, swine, goats, exotic livestock or poultry; or game animals…by Section 63.001, Parks and Wildlife Code; or

(D) less than $30,000 and the actor:

(i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas or power supply, or other public service; or
(ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply
(f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.
(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.

75
Q

. (a) A person commits an offense if he intentionally or knowingly operates another’s boat, airplane, or motor-propelled vehicle without the effective consent of the owner.

(b) An offense under this section is a______

A

UNAUTHORIZED USE OF A VEHICLE:

state jail felony.

76
Q

A person commits an offense if:

(1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:

(A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or

(B) the card has expired or has been revoked or cancelled;

A

CREDIT CARD OR DEBIT CARD ABUSE.

77
Q
A
78
Q

A person commits an offense if, without the effective consent of the owner: (1) he _____ or ______ damages or destroys the tangible property of the owner Def?

A

intentionally knowingly CRIMINAL MISCHIEF.

79
Q

A person commits an offense if, with intent to defraud or harm another:

he authenticates or certifies an object so made or altered as genuine or as different from what it is.

A

Criminal Simulation

80
Q

Burning of unwanted vegetation with the consent of the owner of the property on which vegetation is located and limited to a designated area

A

Controlled burning 28.01

81
Q

A person commits an offense if the person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute a _______or an item or service that:

(1) bears or is identified by a counterfeit mark; or
(2) the person knows or should have known bears or is identified by a counterfeit mark.

A

counterfeit mark

82
Q

in theft of service an actor intentionally or knowingly secures performance of the service by _________, _________, or ________ __________

A

deception, threat, false token

83
Q

PC Quiz 2 Question - Value Ladder

Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY

Punishments - Value Ladder

A

Class C: > $100

Class B: $100 > $750

Class A: $750 > $2,500

State Jail: $2,500 > $30,000

Third Degree: $30,000 > $150,000

Second Degree: $150,000 > $300,000

First Degree: $300,000 +

84
Q

BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES.

b) For purposes of this section, “entry” includes every kind of entry except one made with_________
(c) An offense under this section is a_____

A

the effective consent of the owner.

Class A misdemeanor.

85
Q

the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss

A

Class A misdemeanor

86
Q

Causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.

A

28.07 Interference with Railroad Property:

87
Q

Train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad; or
- Railroad track, rail, bridge, trestle, or right of way owned or used by a railroad.

A

Railroad Property:

88
Q

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Class B misdemeanor

A

$100 > $750

(b)(2) the amount of pecuniary loss is $100 or more but less than $750

89
Q

PC Quiz 2 Question - Value Ladder

PC Sec. 28.03. CRIMINAL MISCHIEF

Felony of Third Degree

A

$30k > $150k

kills 1+ head of cattle, bison, horse by firearm, weapon, any means

(A) the amount of the pecuniary loss is $30,000 or more but less than $150,000; or

(B) the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses

90
Q

” means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device.

A

Retail theft detector