TCOLE Texas Penal Code 4 — Questions and Answers
Question 1: Under TPC §9.31, a person is justified in using force against another when and to what degree?
- Any force at any time if they feel unsafe
- Force reasonably believed immediately necessary to protect against another's unlawful use of force (Correct answer)
- Deadly force whenever threatened verbally
- Force only after law enforcement has been contacted
Correct 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.
Question 2: Under the Texas Penal Code, burglary of a habitation (TPC §30.02) is classified as what degree felony?
- State jail felony
- Third degree felony
- Second degree felony
- First degree felony (Correct answer)
Correct answer: First degree felony
TPC §30.02(c)(1) classifies burglary of a habitation as a first degree felony.
Question 3: A law enforcement officer in Texas can make a warrantless arrest for a misdemeanor only if:
- Any witness reports the offense
- The offense is committed in the officer's presence or view (Correct answer)
- The suspect has a prior record
- The officer has reasonable suspicion
Correct 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.
Question 4: Under TPC §49.04, Driving While Intoxicated (DWI) is a Class B misdemeanor with a minimum confinement of:
- No minimum
- 24 hours
- 72 hours (Correct answer)
- 7 days
Correct answer: 72 hours
TPC §49.04(b) specifies that DWI is a Class B misdemeanor with a minimum term of confinement of 72 hours.
Question 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:
- Are present at the scene of the crime only
- Solicit, encourage, direct, aid, or attempt to aid another in committing the offense (Correct answer)
- Witness the offense and fail to report it
- Benefit financially from the offense after the fact
Correct 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.
Question 6: Under TPC §22.011, sexual assault is a second degree felony unless which factor is present, elevating it to first degree?
- The victim is under 17 years of age
- The victim is under 14 years of age (Correct answer)
- A weapon is displayed
- The offense occurs in a residence
Correct 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.
Question 7: Under TPC §12.21, a Class A misdemeanor carries a maximum punishment of:
- 180 days in county jail and/or $1,000 fine
- 1 year in county jail and/or $4,000 fine (Correct answer)
- 2 years in state jail and/or $10,000 fine
- 6 months in county jail and/or $500 fine
Correct 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.
TCOLE Texas Penal Code 4
Under TPC §9.31, a person is justified in using force against another when and to what degree?