TCOLE Texas Penal Code 3

Question 1

Under Texas Penal Code §19.02, murder requires which mental state at minimum?

Accepted Answer

Knowledge or intent

Answer

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:

Accepted Answer

Recklessly engaging in conduct that places another in imminent danger of serious bodily injury

Answer

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?

Accepted Answer

A person convicted of a felony within the past five years of release

Answer

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'?

Accepted Answer

The use of force, threat, or placing the victim in fear during the theft

Answer

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:

Accepted Answer

The actor had a reasonable belief in a mistaken fact that would have made the conduct lawful

Answer

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.

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE Texas Penal Code 3