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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 §19.04, criminally negligent homicide differs from manslaughter because the actor:

    Answer: Ought to be aware of a substantial risk but is not

    TPC §19.05 defines criminally negligent homicide as causing death through criminal negligence — the actor ought to be aware of a substantial risk but fails to perceive it.

  2. A person commits 'arson' under TPC §28.02 by starting a fire or explosion on property with the intent to:

    Answer: Intentionally destroy or damage property knowing it is insured or will endanger a person or structure

    TPC §28.02 defines arson as intentionally starting a fire with intent to destroy or damage property knowing it is insured, subject to a lien, or that it may endanger a person or habitation.

  3. Under TPC §31.07, unauthorized use of a vehicle is committed when a person operates another's vehicle without the effective consent of the owner. This offense is classified as:

    Answer: State jail felony

    TPC §31.07(b) classifies unauthorized use of a vehicle as a state jail felony.

  4. Under TPC §22.04, injury to a child, elderly individual, or disabled individual by omission (failure to act) requires that the actor:

    Answer: Had a legal or statutory duty to act and acted with the required culpable mental state

    TPC §22.04(b) establishes that omission liability requires the actor to have a legal or statutory duty to act.

  5. Which of the following best describes 'public lewdness' under TPC §21.07?

    Answer: Engaging in sexual conduct in a public place or in private if others can observe

    TPC §21.07 prohibits engaging in sexual conduct in a public place or, if not in a public place, in a reckless manner likely to be observed by someone who will be offended.

  6. Under TPC §15.01, criminal attempt requires that the person, with specific intent to commit an offense, does an act that:

    Answer: Amounts to more than mere preparation

    TPC §15.01(a) defines criminal attempt as a person with specific intent doing an act amounting to more than mere preparation.

  7. Under the Texas Penal Code, a 'deadly weapon' is defined to include:

    Answer: Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury

    TPC §1.07(a)(17) defines 'deadly weapon' as a firearm or anything that, in its manner of use or intended use, is capable of causing death or serious bodily injury.