TCOLE Texas Penal Code 5

Question 1

Under TPC §19.04, criminally negligent homicide differs from manslaughter because the actor:

Accepted Answer

Ought to be aware of a substantial risk but is not

Answer

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:

Accepted Answer

Intentionally destroy or damage property knowing it is insured or will endanger a person or structure

Answer

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:

Accepted Answer

State jail felony

Answer

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:

Accepted Answer

Had a legal or statutory duty to act and acted with the required culpable mental state

Answer

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?

Accepted Answer

Engaging in sexual conduct in a public place or in private if others can observe

Answer

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.

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE Texas Penal Code 5