TCOLE Texas Penal Code 3 — Questions and Answers
Question 1: Under Texas Penal Code §19.02, murder requires which mental state at minimum?
- Negligence
- Recklessness
- Knowledge or intent (Correct answer)
- Strict liability
Correct answer: Knowledge or intent
TPC §19.02 requires that a person intentionally or knowingly causes the death of another, or intends to cause serious bodily injury and commits an act clearly dangerous to human life.
Question 2: A person commits 'deadly conduct' under TPC §22.05 by:
- Threatening someone verbally
- Recklessly engaging in conduct that places another in imminent danger of serious bodily injury (Correct answer)
- Intentionally striking someone
- Negligently handling a firearm causing property damage
Correct answer: Recklessly engaging in conduct that places another in imminent danger of serious bodily injury
TPC §22.05(a) defines deadly conduct as recklessly engaging in conduct that places another person in imminent danger of serious bodily injury.
Question 3: Under TPC §46.04, which class of persons is prohibited from possessing a firearm in Texas?
- Anyone under age 21
- A person convicted of a felony within the past five years of release (Correct answer)
- A person with any criminal history
- Anyone on probation for a misdemeanor
Correct answer: A person convicted of a felony within the past five years of release
TPC §46.04 prohibits a person convicted of a felony from possessing a firearm before the fifth anniversary of their release from confinement or supervision.
Question 4: Under Texas Penal Code, what distinguishes 'robbery' from 'theft'?
- The value of the property taken
- The use of force, threat, or placing the victim in fear during the theft (Correct answer)
- Whether the act occurs in a public place
- Whether the offender is armed with a firearm
Correct answer: The use of force, threat, or placing the victim in fear during the theft
TPC §29.02 defines robbery as committing theft and, in the course of doing so, intentionally causing bodily injury or threatening/placing the victim in fear.
Question 5: The defense of 'mistake of fact' under TPC §8.02 negates criminal liability when:
- The actor did not know the law applied to them
- The actor had a reasonable belief in a mistaken fact that would have made the conduct lawful (Correct answer)
- The actor was intoxicated at the time of the offense
- The actor was acting under duress
Correct answer: The actor had a reasonable belief in a mistaken fact that would have made the conduct lawful
TPC §8.02 provides that a reasonable belief in a mistaken fact is a defense if it would have made the conduct lawful if the facts were as the actor believed.
Question 6: Under TPC §42.01, disorderly conduct by intentionally or knowingly displaying a firearm in public in a manner calculated to alarm is classified as:
- Class C misdemeanor
- Class B misdemeanor (Correct answer)
- Class A misdemeanor
- State jail felony
Correct answer: Class B misdemeanor
TPC §42.01(a)(8) and (e) classify displaying a firearm in public in an alarming manner as a Class B misdemeanor.
Question 7: A person commits 'harassment' under TPC §42.07 if they send repeated electronic communications with the intent to:
- Advertise a product or service
- Harass, annoy, alarm, abuse, torment, or embarrass another (Correct answer)
- Share public information
- Exercise free speech rights
Correct answer: Harass, annoy, alarm, abuse, torment, or embarrass another
TPC §42.07(a)(7) prohibits sending repeated electronic communications with intent to harass, annoy, alarm, abuse, torment, or embarrass another person.
TCOLE Texas Penal Code 3
Under Texas Penal Code §19.02, murder requires which mental state at minimum?