TCOLE Texas Penal Code Offenses 5

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:

Accepted Answer

Under the immediate influence of sudden passion arising from adequate cause

Answer

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?

Accepted Answer

The fire or explosion is started at a habitation, place of worship, or public building

Answer

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?

Accepted Answer

Intent to defraud or harm

Answer

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?

Accepted Answer

The actor must have a legal or statutory duty of care toward the victim

Answer

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?

Accepted Answer

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury or death

Answer

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.

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE Texas Penal Code Offenses 5