TCOLE Texas Penal Code 5 — Questions and Answers
Question 1: Under TPC §19.04, criminally negligent homicide differs from manslaughter because the actor:
- Acts with intent to cause death
- Consciously disregards a substantial risk
- Ought to be aware of a substantial risk but is not (Correct answer)
- Knows death is reasonably certain to occur
Correct answer: Ought to be aware of a substantial risk but is not
TPC §19.05 defines criminally negligent homicide as causing death through criminal negligence — the actor ought to be aware of a substantial risk but fails to perceive it.
Question 2: A person commits 'arson' under TPC §28.02 by starting a fire or explosion on property with the intent to:
- Warm themselves outdoors
- Destroy or damage any vegetation, fence, or structure on open-space land, or any building recklessly
- Intentionally destroy or damage property knowing it is insured or will endanger a person or structure (Correct answer)
- Signal for help in an emergency
Correct answer: Intentionally destroy or damage property knowing it is insured or will endanger a person or structure
TPC §28.02 defines arson as intentionally starting a fire with intent to destroy or damage property knowing it is insured, subject to a lien, or that it may endanger a person or habitation.
Question 3: Under TPC §31.07, unauthorized use of a vehicle is committed when a person operates another's vehicle without the effective consent of the owner. This offense is classified as:
- Class A misdemeanor
- State jail felony (Correct answer)
- Third degree felony
- Second degree felony
Correct answer: State jail felony
TPC §31.07(b) classifies unauthorized use of a vehicle as a state jail felony.
Question 4: Under TPC §22.04, injury to a child, elderly individual, or disabled individual by omission (failure to act) requires that the actor:
- Intended to cause the injury
- Had a legal or statutory duty to act and acted with the required culpable mental state (Correct answer)
- Was present when the injury occurred
- Was the legal guardian of the victim
Correct answer: Had a legal or statutory duty to act and acted with the required culpable mental state
TPC §22.04(b) establishes that omission liability requires the actor to have a legal or statutory duty to act.
Question 5: Which of the following best describes 'public lewdness' under TPC §21.07?
- Making a verbal sexual comment to a stranger
- Engaging in sexual conduct in a public place or in private if others can observe (Correct answer)
- Possessing obscene material
- Sending explicit images electronically
Correct answer: Engaging in sexual conduct in a public place or in private if others can observe
TPC §21.07 prohibits engaging in sexual conduct in a public place or, if not in a public place, in a reckless manner likely to be observed by someone who will be offended.
Question 6: Under TPC §15.01, criminal attempt requires that the person, with specific intent to commit an offense, does an act that:
- Constitutes preparation only
- Amounts to more than mere preparation (Correct answer)
- Results in harm to another person
- Is witnessed by a third party
Correct answer: Amounts to more than mere preparation
TPC §15.01(a) defines criminal attempt as a person with specific intent doing an act amounting to more than mere preparation.
Question 7: Under the Texas Penal Code, a 'deadly weapon' is defined to include:
- Only firearms and knives
- Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury (Correct answer)
- Objects specifically listed in §46.01 only
- Any weapon prohibited by federal law
Correct answer: Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury
TPC §1.07(a)(17) defines 'deadly weapon' as a firearm or anything that, in its manner of use or intended use, is capable of causing death or serious bodily injury.
TCOLE Texas Penal Code 5
Under TPC §19.04, criminally negligent homicide differs from manslaughter because the actor: