TCOLE Texas Penal Code Offenses 3

Question 1

Under TPC §38.04, a person commits 'evading arrest or detention' if they intentionally flee from a person they know is:

Accepted Answer

A peace officer lawfully attempting to arrest or detain them

Answer

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?

Accepted Answer

Burglary (TPC §30.02)

Answer

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:

Accepted Answer

Two prior DWI convictions elevate a subsequent DWI to a third-degree felony

Answer

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?

Accepted Answer

Aggravated robbery involves using or exhibiting a deadly weapon or causing serious bodily injury

Answer

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:

Accepted Answer

Not consent to the sexual act

Answer

TPC §22.011 defines sexual assault as intentional sexual penetration of another person without that person's consent.

TCOLE - Texas Commission on Law Enforcement Practice Test