1.
Punishable by imprisonment for 2 - 10 years and/or a fine not to exceed $10,000.
Correct Answer
D. 3rd Degree Felony
Explanation
A 3rd Degree Felony is a crime that is punishable by imprisonment for 2 - 10 years and/or a fine not to exceed $10,000. This means that if someone is convicted of a 3rd Degree Felony, they could face a prison sentence ranging from 2 to 10 years, and may also be required to pay a fine of up to $10,000.
2.
A person acts (with) __________ with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
Correct Answer
C. Criminal Negligence
Explanation
Sec 6.03
3.
When a person intentionally or knowingly causes the penetration of the anus or female sexual organ of another person who is not the spouse of the actor by any means, without that person's consent, they have committed the offense of:
Correct Answer
B. Sexual Assault
Explanation
Sec 22.011
4.
Nate refuses to leave a residence after being informed to leave by the owner. Nate is arrested for Criminal Trespass. What penalty group would this fall under?
Correct Answer
B. Misdemeanor Class A
Explanation
Sec 30.05
5.
A.J. finds an expired credit card in the garbage. He knows the card is expired (and not his) but uses it to purchase a bottle of Hennesy. A.J. is guilty of:
Correct Answer
C. Credit Card Abuse
Explanation
Sec 32.31
6.
All persons are presumed to be innocent until proven guilty, and no person may be convicted of an offense unless each element of the offense is proven. The burden of proof required for a conviction is:
Correct Answer
D. Proof beyond a reasonable doubt
Explanation
The correct answer is "Proof beyond a reasonable doubt." This is because in the legal system, the burden of proof required for a conviction is very high. It means that the evidence presented must be so strong and convincing that there is no reasonable doubt in the minds of the jurors or judge that the defendant is guilty. This standard is used to protect the rights of the accused and ensure that innocent individuals are not wrongfully convicted.
7.
Alan is drunk and driving a motor vehicle. He strikes and kills Tim as Tim is crossing the intersection. Alan may be charged with:
Correct Answer
D. Intoxication Manslaughter
Explanation
Alan may be charged with Intoxication Manslaughter because he was drunk while driving a motor vehicle, which impaired his ability to operate the vehicle safely. As a result, he struck and killed Tim, indicating that his intoxication directly contributed to the death. Manslaughter charges are typically applied when a person causes the death of another person due to their reckless or negligent behavior, and in this case, Alan's drunk driving fits this criteria. Capital Murder and Murder charges would require evidence of premeditation or intent to kill, which is not mentioned in the given scenario.
8.
The form of criminal homicide normally occurring during sudden passion is:
Correct Answer
A. Murder
Explanation
The form of criminal homicide normally occurring during sudden passion is murder. This occurs when a person intentionally causes the death of another person, but the act is committed in the heat of the moment and without premeditation. It is typically a result of sudden anger, rage, or other intense emotions that temporarily cloud the person's judgment. While murder is a serious crime, the element of sudden passion can sometimes lead to a lesser charge or reduced sentence compared to premeditated murder.
9.
Andy knowingly carries on the front seat of his car a pair of brass knuckles. Andy could be charged with:
Correct Answer
A. Possession of a Prohibited Weapon
Explanation
Sec. 46.05
10.
Punishable by up to one year in jail and/or a fine not to exceed $4,000.
Correct Answer
B. Class A Misdemeanor
Explanation
Sec. 12.21
11.
Punishable by confinement in a state jail for not more than two years or less than 180 days and/or a fine not to exceed $10,000.
Correct Answer
A. State jail Felony
Explanation
Sec. 12.35
12.
Punishable by confinement in jail for not more than 180 days and/or a fine not to exceed $2,000.
Correct Answer
C. Class B Misdemeanor
Explanation
Sec 12.22
13.
Punishable by imprisonment for 5 - 99 years, or life, and/or a fine not to exceed $10,000.
Correct Answer
B. 1st Degree Felony
Explanation
Sec. 12.32
14.
Punishable by imprisonment for 2 - 20 years, and/or a fine not to exceed $10,000.
Correct Answer
C. 2nd Degree Felony
Explanation
Sec. 12.33
15.
A suspect decides to rob a store. Acting with intent to commit the offense, the suspect points a pistol at the store owner and fires. The owner dies as a result of the shooting. The suspect may be charged with:
Correct Answer
D. Capital Murder
Explanation
19.03
16.
Punishable by life in prison or death
Correct Answer
A. Capital Felony
Explanation
A capital felony is a crime that is punishable by life in prison or death. This means that if someone is convicted of a capital felony, they may receive a sentence of either life imprisonment or the death penalty. Capital felonies are typically the most serious crimes, such as murder, treason, or terrorism. The severity of the punishment reflects the gravity of the offense and serves as a deterrent for potential offenders.
17.
Officer Sotelo has stopped Matt for a traffic violation. Matt uses abusive language towards Sotelo, but there is no one around to be offended by the remarks. Sotelo arrests Matt for Disorderly Conduct, knowing he does not have a lawful arrest. What offense has Sotelo committed?
Correct Answer
B. Official Oppression
Explanation
Sec. 39.03
18.
Abuela threatens to "punch out" the dog catcher because he testified against her in court for violation of the city's barking dog ordinance. Abuela may be charged with:
Correct Answer
C. Retaliation
Explanation
36.06
19.
A deputy did not study for their promotional exam. In order to gain more time to study, the deputy calls the office and states, "a bomb will go off in 20 minutes". The deputy may be charged with:
Correct Answer
D. Terroristic Threat
Explanation
22.07
20.
Rob walks into "Porky's" (a premise licensed to sell alcoholic beverages) with a 10" Bowie knife strapped to his side. Rob can be charged with:
Correct Answer
C. Unlawful Carrying Weapon (Class A Misdemeanor)
Explanation
In many jurisdictions, carrying a weapon such as a Bowie knife openly in a location licensed to sell alcoholic beverages is prohibited by law. Typically, the law distinguishes between different types of locations and the manner of carrying (openly or concealed). Carrying a weapon in a place that serves alcohol often elevates the offense, generally making it a Class A misdemeanor, which can be subject to significant fines and jail time. The specific categorization as a felony or misdemeanor can depend on additional factors such as prior convictions or the exact type of establishment, but the scenario described typically fits the misdemeanor classification.
21.
Rocky goes into a dressing room of a department store, puts a sweater (worth $75.00) on underneath his coat, and walks out without paying for the sweater. What offense has occurred?
Correct Answer
A. Theft (Class C)
Explanation
Sec 31.03
22.
You are investigating an Aggravated Robbery where the victim was beaten with a metal pipe. During your investigation, you discover there was a witness who watched the entire incident; the witness made contact with the victim after the suspect departed but then departed from the area without calling the police to report the offense. What, if any, the criminal offense can the witness be charged with?
Correct Answer
B. Failure to Report a Felony
Explanation
Sec 38.171
23.
An adult male admits to having consensual sexual intercourse with his adult aunt. The criminal offense is
Correct Answer
C. Prohibited Sexual Conduct
Explanation
Sec 25.02
24.
A person discharges a firearm into a crowd of people at a football game. During your interview with the suspect, he admits he fired the weapon, but he states he thought the gun was empty. The person can be charged with the criminal offense of
Correct Answer
B. Deadly Conduct
Explanation
Sec 22.05
25.
For approximately 34 consecutive days, the 22-year-old suspect sexually abused the 12-year-old victim on five (5) different occasions. The criminal offense is
Correct Answer
D. Continuous Sexual Abuse of a Child
Explanation
Sec 21.02