TCOLE Texas Penal Code Offenses 4 — Questions and Answers
Question 1: Under TPC §46.02, it is generally unlawful to carry a handgun on one's person UNLESS the person is:
- A licensed security guard on duty or in their own vehicle or property
- On their own premises or premises under their control, or inside or en route in a vehicle they control (Correct answer)
- A retired law enforcement officer anywhere in Texas
- Any person over 21 years of age with no felony record
Correct answer: On their own premises or premises under their control, or inside or en route in a vehicle they control
TPC §46.02 generally prohibits carrying a handgun but provides exceptions including being on one's own premises or in a controlled vehicle.
Question 2: What is the legal definition of 'possession' as it applies to controlled substance offenses under the Texas Penal Code?
- The substance is found within 100 feet of the person
- Actual care, custody, control, or management of the substance (Correct answer)
- Physical contact with the substance at any time
- Ownership of the substance as established by a receipt
Correct answer: Actual care, custody, control, or management of the substance
Under TPC §1.07, 'possession' means actual care, custody, control, or management — it does not require physical touching or ownership.
Question 3: Under Texas Penal Code §22.02, aggravated assault is committed when a person commits assault and:
- The victim suffers any visible bruising
- The person causes serious bodily injury or uses or exhibits a deadly weapon (Correct answer)
- The assault occurs in a school zone
- The victim is over 65 years of age
Correct answer: The person causes serious bodily injury or uses or exhibits a deadly weapon
TPC §22.02 elevates assault to aggravated assault when serious bodily injury results or a deadly weapon is used or exhibited.
Question 4: A person commits 'harassment' under TPC §42.07 by sending repeated electronic communications with intent to:
- Advertise a commercial product
- Harass, annoy, alarm, abuse, torment, or embarrass another (Correct answer)
- Communicate political opinions
- Gather information about another person's schedule
Correct answer: Harass, annoy, alarm, abuse, torment, or embarrass another
TPC §42.07 prohibits electronic communications sent with the intent to harass, annoy, alarm, abuse, torment, or embarrass another person.
Question 5: Under TPC §31.07, 'unauthorized use of a motor vehicle' requires that the person operates another's vehicle without the effective consent of the owner and:
- Uses the vehicle to commit another felony
- Intends to permanently deprive the owner of the vehicle
- Knowing the owner has not consented (Correct answer)
- The vehicle's value exceeds $2,500
Correct answer: Knowing the owner has not consented
TPC §31.07 requires that the person operate another's vehicle or watercraft knowing they lack the effective consent of the owner — intent to permanently deprive is not required.
Question 6: Which of the following conduct constitutes 'false imprisonment' under TPC §20.02?
- Failing to release a person from a lawful arrest after posting bail
- Intentionally or knowingly restraining another person without consent (Correct answer)
- Detaining a shoplifting suspect for an unreasonable length of time
- Arresting a person without probable cause
Correct answer: Intentionally or knowingly restraining another person without consent
TPC §20.02 defines false imprisonment as intentionally or knowingly restraining another person without their consent.
Question 7: Under TPC §30.05, a person commits criminal trespass when they enter or remain on property without consent after receiving notice to depart — which of the following qualifies as legally sufficient 'notice'?
- A verbal request by a neighbor who does not own the property
- Fencing designed to exclude intruders, oral communication, or posted signs (Correct answer)
- A text message sent the previous week
- Eye contact with the property owner
Correct answer: Fencing designed to exclude intruders, oral communication, or posted signs
TPC §30.05 defines notice as oral or written communication, fencing or other enclosure designed to exclude intruders, or posted signs.
TCOLE Texas Penal Code Offenses 4
Under TPC §46.02, it is generally unlawful to carry a handgun on one's person UNLESS the person is: