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Texas Penal Code Flashcards

7 cards from real TCOLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Texas Penal Code flashcards as text

  1. Under TPC §9.31, a person is justified in using force against another when and to what degree?

    Answer: Force reasonably believed immediately necessary to protect against another's unlawful use of force

    TPC §9.31 authorizes use of force that is reasonably believed immediately necessary to protect the person against another's use or attempted use of unlawful force.

  2. Under the Texas Penal Code, burglary of a habitation (TPC §30.02) is classified as what degree felony?

    Answer: First degree felony

    TPC §30.02(c)(1) classifies burglary of a habitation as a first degree felony.

  3. A law enforcement officer in Texas can make a warrantless arrest for a misdemeanor only if:

    Answer: The offense is committed in the officer's presence or view

    Under TPC and Texas Code of Criminal Procedure, an officer may arrest without a warrant for a misdemeanor committed in the officer's presence or view.

  4. Under TPC §49.04, Driving While Intoxicated (DWI) is a Class B misdemeanor with a minimum confinement of:

    Answer: 72 hours

    TPC §49.04(b) specifies that DWI is a Class B misdemeanor with a minimum term of confinement of 72 hours.

  5. The Texas Penal Code doctrine of 'parties to an offense' (§7.01) holds that a person is criminally responsible as a party if they:

    Answer: Solicit, encourage, direct, aid, or attempt to aid another in committing the offense

    TPC §7.02 establishes that criminal responsibility as a party requires soliciting, encouraging, directing, aiding, or attempting to aid another to commit the offense.

  6. Under TPC §22.011, sexual assault is a second degree felony unless which factor is present, elevating it to first degree?

    Answer: The victim is under 14 years of age

    TPC §22.021 elevates sexual assault to aggravated sexual assault (first degree felony) when the victim is a child younger than 14 years of age.

  7. Under TPC §12.21, a Class A misdemeanor carries a maximum punishment of:

    Answer: 1 year in county jail and/or $4,000 fine

    TPC §12.21 sets Class A misdemeanor punishment at confinement in county jail for up to one year and/or a fine not exceeding $4,000.