TCOLE Texas Penal Code Offenses 5 — Questions and Answers
Question 1: Under Texas Penal Code §19.02, murder is classified as a first-degree felony. However, it may be reduced to a second-degree felony if the defendant proves they acted:
- In lawful self-defense during a home invasion
- Under the immediate influence of sudden passion arising from adequate cause (Correct answer)
- Without prior planning or premeditation
- As an accomplice rather than the primary actor
Correct answer: Under the immediate influence of sudden passion arising from adequate cause
TPC §19.02(d) allows a murder to be reduced to a second-degree felony if the defendant proves they acted under the immediate influence of sudden passion arising from adequate cause.
Question 2: A person commits 'arson' under TPC §28.02 by starting a fire or explosion with intent to destroy or damage property — which of the following would elevate arson to a first-degree felony?
- The property destroyed is valued over $30,000
- The fire or explosion is started at a habitation, place of worship, or public building (Correct answer)
- The fire spreads to neighboring property
- The actor used an accelerant
Correct answer: The fire or explosion is started at a habitation, place of worship, or public building
TPC §28.02 elevates arson to a first-degree felony when the targeted property is a habitation, a place of worship, or certain public buildings.
Question 3: Under TPC §32.21, forgery is committed when a person forges a writing with intent to defraud or harm another. Which mental state is required?
- Criminal negligence
- Recklessness
- Intent to defraud or harm (Correct answer)
- Knowledge that the document is false
Correct answer: Intent to defraud or harm
TPC §32.21 requires that the person act with intent to defraud or harm another — a specific intent beyond mere knowledge.
Question 4: Under TPC §22.04, 'injury to a child, elderly individual, or disabled individual' can be committed by omission. Which of the following is required for omission liability?
- The actor must be a biological parent
- The actor must have a legal or statutory duty of care toward the victim (Correct answer)
- The actor must have previously agreed to care for the victim
- The actor must be a licensed health care professional
Correct answer: The actor must have a legal or statutory duty of care toward the victim
TPC §22.04 imposes omission liability only when the actor has a legal or statutory duty to act — such as a parent, guardian, or caretaker.
Question 5: Which of the following best describes the offense of 'stalking' under TPC §42.072?
- Following another person once without their consent
- Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury or death (Correct answer)
- Sending a single threatening letter to a person
- Photographing a person in a public place without consent
Correct answer: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury or death
TPC §42.072 defines stalking as a course of conduct — more than one act — directed at a specific person that would cause a reasonable person to fear harm.
Question 6: Under TPC §36.02, 'bribery' is committed when a person intentionally or knowingly offers, confers, or agrees to confer a benefit on a public servant as consideration for the public servant's:
- Decision to run for re-election
- Vote, decision, opinion, recommendation, or other exercise of discretion in their official capacity (Correct answer)
- Testimony in a civil lawsuit
- Referral of clients to a private business
Correct answer: Vote, decision, opinion, recommendation, or other exercise of discretion in their official capacity
TPC §36.02 defines bribery as conferring a benefit on a public servant in exchange for the exercise of their official discretion — vote, decision, recommendation, etc.
Question 7: A person is charged with 'making a false report to a peace officer' under TPC §37.08. What must the prosecution prove regarding the defendant's mental state?
- The defendant was reckless as to whether the report was false
- The defendant knowingly made a false statement that was material to a criminal investigation (Correct answer)
- The defendant negligently provided inaccurate information
- The defendant intended to obstruct a civil proceeding
Correct answer: The defendant knowingly made a false statement that was material to a criminal investigation
TPC §37.08 requires that the person knowingly make a false statement that is material to a criminal investigation — negligence or recklessness is insufficient.
TCOLE Texas Penal Code Offenses 5
Under Texas Penal Code §19.02, murder is classified as a first-degree felony.
However, it may be reduced to a second-degree felony if the defendant proves they acted: