Texas Criminal Law
Exam Solutions
Course Introduction
Texas Criminal Law provides a comprehensive exploration of the substantive and procedural aspects of criminal law as practiced in the state of Texas. The course examines the elements of major crimes defined under the Texas Penal Code, including offenses against persons, property, and public order, while also covering principles such as criminal responsibility, defenses, parties to offenses, and sentencing. Key differences between Texas statutes and general criminal law principles are highlighted, along with significant case law and procedural rules relevant to Texas courts. Through the study of statutes, court decisions, and practical applications, students gain a foundational understanding of the Texas criminal justice system's legal framework.
Recommended Textbook
Texas Criminal Law Principles and Practices 2nd Edition by Jerry L. Dowling
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16 Chapters
1169 Verified Questions
1169 Flashcards
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Chapter 1: Foundations of Criminal Law
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49 Verified Questions
49 Flashcards
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Sample Questions
Q1) The 8?? Amendment to the U.S.Constitution prohibits punishment for a crime that is:
A)disproportionate to the crime committed.
B)unique to a particular state.
C)cruel or unusual.
D)embarrassing to the defendant.
Answer: A
Q2) A Texas criminal statute can apply to conduct that occurred in another state or foreign country:
A)never.
B)only if the offender is a Texas resident.
C)only if the offender returns to Texas after commission of the crime.
D)only if the conduct or result that is an element of the offense occurred in Texas.
Answer: D
Q3) Texas asserts jurisdiction over any crime committed against a resident of Texas no matter where in the United States the crime occurred.
A)True
B)False
Answer: False
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3
Chapter 2: Elements of a Crime
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Sample Questions
Q1) Suppose John,a previously convicted felon,assaults his neighbor Juanita,a recent immigrant from Honduras,by threatening to cut her with a razor.Upon conviction for aggravated assault,the sentence John receives could be increased beyond the statutory norm if the court determines:
A)he used a deadly weapon.
B)he has a prior felony conviction.
C)his conduct constituted a hate crime.
D)all of the above are possible reasons for a sentence to be increased.
Answer: D
Q2) In addition to a possible fine,the penalty for commission of a first degree felony in Texas is incarceration in the state prison for a term of years between:
A)2 and 20.
B)5 and 99.
C)3 and 5.
D)2 and 10.
Answer: B
Q3) The four forms of culpable mental state recognized under Texas law are intent,knowledge,recklessness,and ____________.
Answer: criminal negligence
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Page 4
Chapter 3: The Criminal Law in Daily Practice
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76 Verified Questions
76 Flashcards
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Sample Questions
Q1) Courts use the __________ test to determine whether conviction of several crimes arising from the same factual incident violates the prohibition against double jeopardy. Answer: Blockburger
Q2) Define the phrase "lesser included offense" and describe how the concept is used in the Texas justice system.
Answer: A lesser included offense is a crime that includes some,but not all,of the elements of an offense with a greater penalty.For example,manslaughter is a lesser included offense of murder because it requires a lesser culpable mental state (recklessness instead of intent or knowledge).Theft is a lesser included offense of robbery because being in the course of committing theft is part of the elements of the offense of robbery.At trial,the principle allows a defendant to be convicted of some lesser offense when the evidence fails to establish he committed the offense charged.This prevents an all or nothing result.Lesser included offenses are also used as part of the plea negotiation process.
Q3) Prosecutors,as part of plea negotiations,often permit a criminal defendant to plead guilty to a \(\underline{ (\text { two words })}\)offense instead of the original charge. Answer: lesser included
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Chapter 4: Parties to Offenses
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37 Verified Questions
37 Flashcards
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Sample Questions
Q1) For a corporation to be held criminally responsible for a felonious act in Texas,the act must have been performed or approved by a ________(three words)___________ of the corporation.
Q2) Under provisions of the Texas Penal Code,if a corporation is found guilty of committing a felony offense,the penalty assessed is a monetary fine and loss of its corporate charter.
A)True
B)False
Q3) Rob encourages his six-year-old brother Ned to steal items from a grocery store and give them to Rob.Ned does as requested,stealing $25 worth of groceries.As to Rob's criminal responsibility:
A)he has none because he did not personally steal anything.
B)he is not criminally responsible because the actual thief Ned is not criminally responsible due to his age.
C)he is not criminally responsible because the theft does not reach the level of a felony.
D)he is criminally responsible for Ned's thievery.
Q4) List the three ways in which an individual can be held criminally responsible for someone else's conduct.
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Page 6
Chapter 5: Criminal Homicide
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96 Verified Questions
96 Flashcards
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Sample Questions
Q1) Ramona is driving down the street in her car.She is also sending a text via her smartphone.Distracted by the texting,she fails to notice a stop sign at the intersection.She proceeds into the intersection without slowing.She strikes a pedestrian who has stepped off the curb to cross the street.Even though she is only traveling about 20 miles per hour,the collision knocks the pedestrian in the air.Upon landing on the street,the blow to the head kills the pedestrian.Under Texas law,the most serious offense,if any,Ramona has committed is:
A)no offense as the death of pedestrian was an accident.
B)criminally negligent homicide.
C)vehicular homicide.
D)involuntary manslaughter.
Q2) In murder cases,prosecutors often establish the reason for the killing as a means to satisfy the jury's curiosity regarding why the death occurred.
A)True
B)False
Q3) Under the traditional American System of Classification of criminal homicides,the offense of voluntary manslaughter is an intentional killing that lacks the element of
Q4) Under the Texas Penal Code,human life begins at the point of _____________.
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Chapter 6: Assault and Sexual Assault
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103 Verified Questions
103 Flashcards
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Sample Questions
Q1) To avoid possible charges of assault during legitimate scientific or medical experimentation,_________ is usually obtained from the participants in the experiment.
Q2) Identify five factors that will elevate a sexual assault to an aggravated sexual assault?
Q3) To constitute assault by contact,the offender must engage in physical contact with another and know that the other person will find the contact _______ or _______.
Q4) Norman is a police officer.He stops Marilyn for driving while intoxicated.He tells Marilyn that he will not arrest her if she performs oral sex on him.Marilyn reluctantly consents and performs the act.Norman has committed sexual assault because he is a ______(two words)____ who coerced Marilyn into consenting to the act.
Q5) Which of the following items is a "deadly weapon" according to the definition contained in the Texas Penal Code?
A)realistically appearing toy pistol
B)unloaded .45 caliber pistol
C)pellet gun
D)All of the above are deadly weapons according to the Penal Code definition.
Q6) Express or apparent ________ is a defense to the charge of sexual assault.
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Chapter 7: Kidnapping and Related Offenses
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44 Verified Questions
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Sample Questions
Q1) Under Texas law,if a deadly weapon is used in the course of a kidnapping,the offense elevates to aggravated kidnapping.
A)True
B)False
Q2) Abraham and Hannah have been married for eight years.They have one child,Aaron,who is seven.Because of Abraham's abusive conduct toward her and Aaron,Hannah sues Abraham for divorce.While the divorce is pending,Abraham is served with a copy of a court order granting Hannah exclusive temporary custody of Aaron.Angered by the court order,Abraham goes to Aaron's school and checks him out,the principal being unaware of the court order.Abraham flees to Louisiana with Aaron.Six months later Abraham and Aaron return to Texas to visit Abraham's mother.Hannah sees the two driving down the street and calls the sheriff's department.The most serious offense Abraham has committed is:
A)no offense because he is Aaron's father.
B)interference with child custody.
C)aggravated kidnapping.
D)unlawful transport.
Q3) The lowest level of kidnapping-type offense in Texas law is labeled unlawful
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Page 9
Chapter 8: Property Destruction Offenses
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59 Verified Questions
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Sample Questions
Q1) The Texas arson statute penalizes persons who start a _____ or cause an _________ under certain specified circumstances.
Q2) While the elements of the Texas criminal mischief statute and the Texas graffiti statute overlap somewhat,the graffiti statute is directed largely toward property damage caused by the use of:
A)spray paint.
B)chalk.
C)pencils and pens.
D)latex paint.
Q3) One way to commit criminal mischief is to intentionally tamper with property and cause pecuniary loss.The word "pecuniary" refers to a loss measurable in __________.
Q4) Markings that constitute political,social,or religious expression are protected by the First Amendment and may not be prosecuted as a criminal offense.
A)True
B)False
Q5) Assuming all other elements of the crime are present,it is no ________ to a charge of arson that the damaged property belonged to the offender.
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Page 10
Chapter 9: Theft,Fraud,and Related Offenses
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Sample Questions
Q1) The presumptive penalty for a violation of the theft statute is determined by calculating the object's fair market value minus reasonable depreciation.
A)True
B)False
Q2) The actus reus of the Texas theft statute is a(n)____________.
Q3) Under Texas law,a person can be convicted of theft by acquiring stolen property without the state proving the existence of any culpable mental state.
A)True
B)False
Q4) Should a statute be enacted clarifying an individual's responsibilities upon discovery of lost or mislaid property? What might be the elements and penalty for failure to comply with the proposed law?
Q5) Dexter buys a 42-inch television set from Adam for $125.The set is still in its original packaging and retails for $650.Adam laughingly tells Dexter that the set "walked out the door and jumped into my truck" at the electronics store where he works.Dexter tells Adam,"Call me if some more walk out the store as I know some other folks that might wish to purchase a set." Dexter has committed ___________.
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Page 11
Chapter 10: Robbery,Burglary,and Criminal Trespass
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86 Verified Questions
86 Flashcards
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Sample Questions
Q1) John,impersonating a police officer,goes to Martha's home and falsely advises Martha that he has a search warrant.Martha allows John into the house.John then seizes Martha.He knocks her to the floor and attempts to sexually assault her.Martha is able to elude John's efforts and escapes unharmed.Of the following,the most serious offense John has committed is:
A)criminal trespass.
B)robbery.
C)home invasion.
D)burglary.
Q2) George goes to Bill's house late one night intending to steal Bill's gold coin collection.Unknown to George,Bill has purchased a Doberman Pinscher dog.As soon as George sticks his head through the house's window,the Doberman attacks and bites George's nose.George shakes the dog loose and flees.The most serious offense George has committed is:
A)criminal trespass.
B)burglary.
C)attempted robbery.
D)home invasion.
Q3) A robbery elevates to an aggravated robbery if the victim is ____ years of age or older.
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Chapter 11: Offenses Against Government Operations
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91 Verified Questions
91 Flashcards
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Sample Questions
Q1) When a suspect is charged with resisting arrest,he will also often be charged with ________ of a peace officer.
Q2) If Maria knows that her boyfriend Jose has murdered Reynaldo and buried his body,Maria commits an offense if she could safely report the information to a law enforcement agency and fails to do so.
A)True
B)False
Q3) The offense of bribery in Texas includes the offering,conferring,accepting,or ________ a bribe in a single statute.
Q4) A citizen's failure to report the occurrence of a misdemeanor to a law enforcement officer is NOT a criminal offense in Texas.
A)True
B)False
Q5) To commit the offense of false report to a peace officer the offender must make a statement that is material to a criminal investigation and must intend to deceive the officer.
A)True
B)False
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Chapter 12: Public Disorder,Indecency,Health,and Safety Offenses
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89 Verified Questions
89 Flashcards
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Sample Questions
Q1) Jacob moves about in a wheelchair due to an injury.He goes to a local bank and attempts to cash his Social Security check.Because he does not have an account at the bank,the teller refuses to cash the check.As he leaves the bank,Jacob becomes angry at the manner in which he was treated by the teller.He stops his wheelchair outside in front of the bank's front door and prevents other customers from entering the bank.Because of his condition,the customers are reluctant to try and move him out of the way or otherwise convince him to move aside.The bank manager calls the police.The responding police officer arrests Jacob and charges him with:
A)interference with banking activities.
B)disturbing the peace.
C)disorderly conduct.
D)obstructing a passageway.
Q2) John goes to a bar and over the course of the evening engages in conversation with Pat.At closing time,John says to Pat,"Why don't we go to my place and have sex?" Pat says,"Great idea." No crime has occurred so long as John or Pat do not receive a ________ for the sex act.
Q3) When dealing with political protestors,the police must protect the ________ Amendment rights of the protestors prior to arresting anyone.
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Chapter 13: Intoxication Offenses
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Sample Questions
Q1) Late one night Jose is walking back to his apartment after drinking two beers at the local cantina.Because of recent burglaries in the area,a police officer stops Jose and asks about why he is out so late.The officer smells the odor of beer on Jose's breath.To lawfully arrest Jose for violating the public intoxication law,the officer would have to reasonably believe that Jose was intoxicated and:
A)acting in a disorderly manner.
B)a threat to the well-being of others.
C)unlikely to be able to care for himself in case of an emergency. D)may endanger himself or another.
Q2) Under Texas law regarding intoxication offenses,a person is considered intoxicated if she lacks normal use of mental or physical faculties by reason of the introduction of which of the following into her body?
A)volatile chemical vapors
B)alcohol
C)marijuana
D)any of the above
Q3) To commit the offense of public intoxication,the individual must be intoxicated in a ________ to the degree that he may endanger himself or another.
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Page 15
Chapter 14: Preparatory Offenses and Organized Criminal Activity
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Sample Questions
Q1) Texas law contains several statutes directed toward punishing organized criminal activity.One such statute creates a separate felony offense for individuals who work together to profit from a variety of serious felonies.This statute,titled "engaging in organized crime," focuses on "criminal combinations." Such a "criminal combination" requires:
A)all participants to have previous felony convictions.
B)two or more participants to gain at least a $100,000 benefit from the illicit activities.
C)consorted criminal activity for over one year conducted by five or more individuals in consort with each other.
D)at least three participants collaborating in the prohibited criminal activity.
Q2) Which of the following items constitutes a "criminal instrument" under Texas law?
A)a prybar used by a burglar to gain entry into a residence
B)a pistol discharged by a bandit while robbing a convenience store
C)a sock gag used by a kidnapper to silence the cries of his victim
D)All of the above items are criminal instruments under Texas law.
Q3) Explain the Pinkerton Rule and how it can be used effectively in prosecuting organized crime cases.
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Page 16
Chapter 15: General Defenses and Justification
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Sample Questions
Q1) Nate observes James breaking into Nate's automobile.Nate,a handgun licensee,draws his pistol and fires one shot at James.The shot misses but James immediately ceases his burglary attempt.Nate's use of the handgun in this instance constitutes the use of ________ force.
Q2) Under Texas law,the sentence for an intentional killing is 5 to 99 years or life (felony of the first degree).However,if the defendant can convince the jury that the killing was the result of sudden passion arising from adequate cause,the jury can use the sentencing range of a felony of the second degree.This is an example of the principle of mitigation.
A)True
B)False
Q3) Police officers who execute an arrest warrant have not committed kidnapping because of the legal justification called public ________.
Q4) Merely affording an individual the ________ to commit an offense does NOT constitute entrapment.
Q5) Under Texas law,a 15-year-old can be prosecuted in the adult justice system without first processing through the juvenile justice system if the offense charged is a ________ offense.
Q6) Texas follows a variation of the ________ Rule as the test of insanity.
Page 17
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Chapter 16: Federal Criminal Law
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Sample Questions
Q1) Under the federal RICO Act,a pattern of racketeering activity is shown if the accused has committed at least two related ________ offenses with a 10-year period.
Q2) Which of the following is an accurate element of the FBI's definition of "domestic terrorism"?
A)The criminal act is committed by a U.S.citizen.
B)The criminal act occurs primarily within the territorial jurisdiction of the United States.
C)The criminal act involves massive American casualties.
D)The criminal act targets an American governmental facility.
Q3) In addition to criminal penalties,the federal RICO Act provides for use of special ________ remedies to be used to insure justice is served.
Q4) The federal government is quite limited in its power to impose sanctions on traditional criminal behavior.
A)True
B)False
Q5) Assume you were a member of Congress and wish to pass a bill declaring murder of any American citizen a federal crime.Which provision of the Constitution would you use for a jurisdictional basis?
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