TCOLE Texas Penal Code Offenses 3 — Questions and Answers
Question 1: Under TPC §38.04, a person commits 'evading arrest or detention' if they intentionally flee from a person they know is:
- A private security officer attempting to detain them
- A peace officer lawfully attempting to arrest or detain them (Correct answer)
- Any government employee in uniform
- A fellow citizen performing a citizen's arrest
Correct answer: A peace officer lawfully attempting to arrest or detain them
TPC §38.04 requires that the person flee from a peace officer they know is lawfully attempting to arrest or detain them.
Question 2: Which offense involves unlawfully entering or remaining in a habitation without the owner's consent under Texas law?
- Trespass (TPC §30.05)
- Criminal trespass of a habitation (TPC §30.05 enhanced)
- Burglary (TPC §30.02) (Correct answer)
- Robbery (TPC §29.02)
Correct answer: Burglary (TPC §30.02)
Burglary under TPC §30.02 involves entering a habitation without consent with intent to commit a felony, theft, or assault inside.
Question 3: Under TPC §49.04, driving while intoxicated (DWI) becomes a third-degree felony on the third conviction because:
- Any DWI is automatically a felony
- Two prior DWI convictions elevate a subsequent DWI to a third-degree felony (Correct answer)
- A third DWI always involves a child passenger
- The BAC must be 0.20 or higher
Correct answer: Two prior DWI convictions elevate a subsequent DWI to a third-degree felony
Under TPC §49.09, a DWI is elevated to a third-degree felony when the person has two or more prior DWI convictions.
Question 4: What distinguishes 'robbery' from 'aggravated robbery' under the Texas Penal Code?
- Aggravated robbery requires premeditation while robbery is spontaneous
- Aggravated robbery involves using or exhibiting a deadly weapon or causing serious bodily injury (Correct answer)
- Robbery always involves a weapon; aggravated robbery does not require one
- Aggravated robbery applies only when the victim is a peace officer
Correct answer: Aggravated robbery involves using or exhibiting a deadly weapon or causing serious bodily injury
TPC §29.03 elevates robbery to aggravated robbery when the actor uses or exhibits a deadly weapon or causes serious bodily injury during the offense.
Question 5: Under TPC §22.011, sexual assault requires that the other person:
- Only be under 14 years of age
- Not consent to the sexual act (Correct answer)
- Be physically restrained by the actor
- Be unconscious at the time of the act
Correct answer: Not consent to the sexual act
TPC §22.011 defines sexual assault as intentional sexual penetration of another person without that person's consent.
Question 6: A person commits 'tampering with evidence' under TPC §37.09 when they, knowing an investigation is in progress, alter or destroy evidence with intent to:
- Preserve evidence for their own use at trial
- Impair its availability as evidence in the investigation or proceeding (Correct answer)
- Transfer evidence to a different jurisdiction
- Sell the evidence to a third party
Correct answer: Impair its availability as evidence in the investigation or proceeding
TPC §37.09 prohibits altering, destroying, or concealing evidence with intent to impair its availability in any investigation or official proceeding.
Question 7: Under Texas Penal Code, which of the following is an element of 'organized criminal activity' under TPC §71.02?
- Acting alone to commit a felony for financial gain
- Collaborating with three or more persons to commit or conspire to commit specific listed offenses (Correct answer)
- Participating in any criminal act with one other person
- Committing a misdemeanor as part of a pattern
Correct answer: Collaborating with three or more persons to commit or conspire to commit specific listed offenses
TPC §71.02 requires that the person collaborate with two or more others (three total) in committing or conspiring to commit enumerated offenses.
TCOLE Texas Penal Code Offenses 3
Under TPC §38.04, a person commits 'evading arrest or detention' if they intentionally flee from a person they know is: