TCOLE Texas Penal Code 4

Question 1

Under TPC §9.31, a person is justified in using force against another when and to what degree?

Accepted Answer

Force reasonably believed immediately necessary to protect against another's unlawful use of force

Answer

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?

Accepted Answer

First degree felony

Answer

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:

Accepted Answer

The offense is committed in the officer's presence or view

Answer

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:

Accepted Answer

72 hours

Answer

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:

Accepted Answer

Solicit, encourage, direct, aid, or attempt to aid another in committing the offense

Answer

TPC §7.02 establishes that criminal responsibility as a party requires soliciting, encouraging, directing, aiding, or attempting to aid another to commit the offense.

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE Texas Penal Code 4