TCOLE Texas Penal Code 2 — Questions and Answers
Question 1: Under Texas Penal Code, what mental state is required for a person to be criminally responsible for causing a result 'knowingly'?
- The person is unaware their conduct will cause the result
- The person is aware their conduct is reasonably certain to cause the result (Correct answer)
- The person consciously disregards a substantial risk of the result
- The person acts with purpose to cause the result
Correct answer: The person is aware their conduct is reasonably certain to cause the result
Under TPC §6.03(b), a person acts 'knowingly' when they are aware that their conduct is reasonably certain to cause the result.
Question 2: A person is charged with aggravated assault under Texas Penal Code §22.02. Which of the following elevates a simple assault to aggravated assault?
- The victim suffers minor bruising
- The offender uses a deadly weapon (Correct answer)
- The offender is intoxicated
- The offense occurs at night
Correct answer: The offender uses a deadly weapon
TPC §22.02 elevates assault to aggravated assault when the offender uses or exhibits a deadly weapon during the commission of the assault.
Question 3: Under the Texas Penal Code, which felony degree carries a punishment range of 2 to 20 years in prison?
- State jail felony
- Third degree felony
- Second degree felony (Correct answer)
- First degree felony
Correct answer: Second degree felony
TPC §12.33 establishes second degree felony punishment at confinement for 2 to 20 years and an optional fine not exceeding $10,000.
Question 4: Under TPC §31.03, theft of property valued between $2,500 and $30,000 is classified as:
- Class A misdemeanor
- State jail felony (Correct answer)
- Third degree felony
- Second degree felony
Correct answer: State jail felony
TPC §31.03(e)(4) classifies theft of property valued at $2,500 or more but less than $30,000 as a state jail felony.
Question 5: Which Texas Penal Code section defines 'serious bodily injury'?
- TPC §1.07 (Correct answer)
- TPC §6.03
- TPC §22.01
- TPC §46.01
Correct answer: TPC §1.07
TPC §1.07 contains definitions for the entire Penal Code, including 'serious bodily injury' as injury creating substantial risk of death or permanent disfigurement.
Question 6: A person commits criminal trespass under TPC §30.05 when they enter or remain on property without consent. Which element is NOT required for this offense?
- The person entered or remained on property
- The person had notice that entry was forbidden
- The person caused damage to the property (Correct answer)
- The person lacked effective consent
Correct answer: The person caused damage to the property
Criminal trespass under TPC §30.05 does not require property damage; it only requires unauthorized entry or remaining with proper notice.
Question 7: Under Texas Penal Code §38.04, evading arrest or detention by using a vehicle is classified as at least:
- Class B misdemeanor
- Class A misdemeanor
- State jail felony (Correct answer)
- Third degree felony
Correct answer: State jail felony
TPC §38.04(b)(1) elevates evading arrest to a state jail felony when the person uses a vehicle to evade.
TCOLE Texas Penal Code 2
Under Texas Penal Code, what mental state is required for a person to be criminally responsible for causing a result 'knowingly'?