Penal Code 2017 Exam

  1. 12.22
    What is the maximum fine and confinement in jail for a Class B Misdemeanor?



    B) $2000 / 180 days
  2. 12.32
    What is the maximum fine and confinement in prison range for a 1st Degree Felony?



    C) $10,000 / not more than 99 years or less than 5 years
  3. 12.33
    What is the maximum fine and confinement in prison for a 2nd Degree Felony?



    B) $10,000 / not more than 20 years or less than 2 years
  4. 12.34
    What is the maximum fine and confinement range for a State Jail Felony?



    A) $10,000 / not more than 2 years or less than 180 days
  5. 19.04
    If a person causes the death of another, and is charged with Manslaughter, 2nd degree felony, what is the culpable mental state?



    B) recklessly
  6. 19.05
    A person by criminal negligence causes the death of an individual.  He is charged with Criminally Negligent Homicide.  What is the offense level?
    a) state jail felony
    b) 3rd degree felony
    c) 2nd degree felony
    d) 1st degree felony
    a) state jail felony
  7. 20.02
    A woman intentionally or knowingly restrains her ex-boyfriend who is 18 years old by force, intimidation, or deception.  She does not expose the victim to a substantial risk of serious bodily injury. What is the penalty?
    a) class B misdemeanor
    b) class A misdemeanor
    c) state jail felony
    d) 3rd degree felony
    b) class A misdemeanor (Unlawful Restraint)
  8. 20.02
    A woman intentionally or knowingly restrains her ex-boyfriend who is 18 years old by force, intimidation, or deception.  She exposes the victim to a substantial risk of serious bodily injury. What is the charge and penalty?
    a) kidnapping / 2nd degree felony
    b) unlawful restraint / class A misdemeanor
    c) kidnapping / state jail felony
    d) unlawful restraint / 3rd degree felony
    d) unlawful restraint / 3rd degree felony
  9. 20.04
    A man intentionally or knowingly abducts another person with the intent to hold him for ransom or reward; use him as a shield or hostage; and facilitate the commission of a felony or the flight after the attempt or commission of a felony.  The police have to rescue the victim from deep pit that he cannot get out of.  What is the charge and the penalty?
    a) unlawful restraint / state jail felony
    b) kidnapping / 3rd degree felony
    c) aggravated kidnapping / 2nd degree felony
    d) aggravated kidnapping / 1st degree felony
    d) aggravated kidnapping / 1st degree felony
  10. 20.04
    A man intentionally or knowingly abducts another person with the intent to hold him for ransom or reward; use him as a shield or hostage; and facilitate the commission of a felony or the flight after the attempt or commission of a felony.  The man has a change of heart while driving and stops the get away car near a Wendy's Famous Hamburgers gives the victim 7 dollars for a baconator and allows the victim to safety exit the vehicle. If this information is presented at the punishment phase, what could the charge and the penalty be?
    a) unlawful restraint / state jail felony
    b) kidnapping / 3rd degree felony
    c) aggravated kidnapping / 2nd degree felony
    d) aggravated kidnapping / 1st degree felony
    c) aggravated kidnapping / 2nd degree felony (because the suspect raises the issue that he voluntarily released the victim in a safe place)
  11. 20.06
    Sam, a cabbie, knowingly sneaks Todd into the country in his van.  Phil, a dry cleaner, told Sam he would pay him $25 and free cleaning if he got Todd past the border patrol and police so that he could employ Todd in his cleaners.  Within 10 days, Sam does the same thing with Sally, Todd's sister.  What is the penalty and charge?



    C) continuous smuggling of persons / 2nd degree felony
  12. 20.06
    Sam, a cabbie, knowingly sneaks Todd into the country in his trunk.  Phil, a dry cleaner, told Sam he would pay him $25 and free cleaning if he got Todd past the border patrol and police so that he could employ Todd in his cleaners.  What is the penalty and charge?



    D) smuggling of persons / 3rd degree felony
  13. 20.06
    Sam, a cabbie, knowingly sneaks Todd into the country in his van.  Phil, a dry cleaner, told Sam he would pay him $25 and free cleaning if he got Todd past the border patrol and police so that he could employ Todd in his cleaners. If Todd suffers serious bodily injury or becomes a sex assault victim as a direct result of this,  what is the penalty and charge?



    A) smuggling of persons / 1st degree felony  (99 yrs - 25 yrs TDC)
  14. 20A.02
    Generally, what is the penalty for Trafficking or Persons?



    B) 2nd degree felony
  15. 20A.02
    If a victim of human trafficking (whereby the intent of the trafficking is forced labor) is a child who is sexually abused as a result of the trafficking, what is the charge and penalty?



    C) 1st degree felony
  16. 20A.02
    If a victim of human trafficking (whereby the intent of the trafficking is forced labor) is an adult who through force, fraud, or coercion is taking part in prostitution as a result of the trafficking, what is the charge and penalty for the actor?



    C) 2nd degree felony (raises to 1st degree if a child)
  17. 20A.03
    Continuous Trafficking of Persons - A person commits an offense if, during a period that is ____ in duration, the person engages two or more times in conduct that constitutes an offense under Trafficking of Persons (Section 20A.02) against one or more victims.



    C) 30 or more days (An offense under this sec. is a 1st degree fel, punishable by imprisonment in the TDCJ for life or for any term of not more than 99 years or less than 25 years.)
  18. 21.11
    Sue, intentionally or knowingly, with the intent to gratify or arouse her sexual desires, exposes her anus to a school bus filled with children - all of whom are under 17 yoa.  What is the charge and penalty?



    A) indecency with a child / 3rd degree felony
  19. 21.11
    Sue, a 30 year old piano teacher intentionally or knowingly, with the intent to gratify or arouse her sexual desires, engages in sexual contact with a child who is under 17 yoa.  What is the charge and penalty?



    C) indecency with a child / 2nd degree felony
  20. 21.12
    What is the penalty for IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT?



    D) 2nd degree felony (exception if the parties involved are married)
  21. 21.02
    CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN. 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 one or more victims; and (2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.



    C) 30 or more days / 2 or more
  22. 21.02
    CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN. A person commits an offense if, during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and at the time of the commission of each of the acts of sexual abuse, the actor is ____ years of age or older and the victim is a child younger than ____ years of age.



    C) 17 / 14 (An offense under this is a 1st deg felony, punishable by imprisonment in the TDCJ for life, or for any term of not more than 99 years or less than 25 years)
  23. 21.15
    What is the penalty for Invasive Visual Recording?



    A) state jail felony
  24. 21.16
    VOYEURISM is usually a class C misdemeanor. If the victim is a child younger than 14 years of age at the time of the offense, what is the penalty?



    A) state jail felony (If not a child younger than 14 but the suspect has been convicted 2+ previous, it is a class B)
  25. What is the location requirement difference between Invasive Visual Recording and Voyeurism?



    D) Invasive Visual Recording is in a changing room and Voyeurism is in a structure or building.
  26. 22.01
    If a person intentionally or knowingly causes physical contact with another who is over 65 years of age, and the actor knows that the other will regard the contact as offensive, which of the following is true?



    A) Class A Misdemeanor  (Assault by Contact and enhanced due to age)
  27. 22.011
    The actor causes his sexual organ to penetrate the mouth and anus of another who is 25 years old without the other's consent.  Which of the following is true?



    A) sexual assault  (2nd degree Felony)
  28. 22.02
    A person commits assault on another and uses or exhibits a deadly weapon during the commission of the assault but the other is not injured by the deadly weapon. Which of the following is true?
    a) 2nd degree felony
    b) 3rd degree felony
    c) assault with a deadly weapon
    d) aggravated assault / 1st degree Felony
    a) 2nd degree felony (aggravated assault)
  29. 22.021
    An actor commits sexual assault on another adult and causes serious bodily injury in the commission of the assault.  Which of the following is true?



    B) 1st degree felony  (agg sexual assault)
  30. 22.04
    An actor intentionally or knowingly, by act or omission, causes to a child, elderly person, or disabled person serious bodily injury. What is the charge and penalty?



    C) Injury to Child, Elderly Individual, Disabled Individual / 1st degree felony  (if causes Bodily Injury - 3rd degree felony)
  31. 22.041
    A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence by act or omission engages in conduct that places a child younger than 15 years in imminent danger of death.  What of the following is true?
    a) state jail felony
    b) Deadly Conduct 
    c) Injury to a Child
    d) 3rd degree felony
    a) state jail felony  (Abandoning or Endangering Child)
  32. 22.041
    A person who has care, custody, control of a child abandons that child in any place under circumstances that expose the child to an unreasonable risk of harm and did not intend to return for the child.  Which of the following is true?
    a) Intentionally / 3rd degree felony
    b) Abandoning Endangering Child / state jail felony
    c) Knowingly / 2nd degree felony
    d) Injury to a Child / 3rd degree felony
    a) Intentionally / 3rd degree felony (Abandoning Endangering Child)
  33. 8.02
    All of the following is true of Mistake of Fact, EXCEPT:



    A) It is no defense to prosecution
  34. 8.06 Entrapment
    Which of the following is correct?



    B) It is a defense to prosecution
  35. 15.01
    All of the following is correct of Criminal Attempt, EXCEPT:



    D) If the offense attempted is a state jail felony, the offense is a state jail felony. (It is a Class A Misd)
  36. 15.02
    All of the following is true of Criminal Conspiracy EXCEPT:



    B) Includes any felony or misdemeanor offense (Only FELONIES)
  37. 20.03
    Kidnapping is a:



    A) 3rd Degree Felony
  38. 20.04
    All of the following is true of Aggrevated Kidnapping, EXCEPT:




    B) If the actor proves the other person was released in a safe place, the offense is a 3rd Degree Felony (2nd Degree Felony)
Author
apple2016
ID
336063
Card Set
Penal Code 2017 Exam
Description
Penal Code
Updated