Objectives of Code - ANSWER---To insure the public safety through:
(A) the deterrent influence of the penalties
hereinafter provided;
(B) the rehabilitation of those convicted of violations
of this code; and to guide and limit the exercise of official discretion in law
enforcement to prevent arbitrary or oppressive treatment of persons suspected,
accused, or convicted of offenses; and
(6) to define the scope of state interest in law
enforcement against specific offenses and to systematize the exercise of state
criminal jurisdiction.
Territorial Jurisdiction - ANSWER--Either the conduct or a result that is an
element of the offense occurs inside this state
Computation of Age - ANSWER--A person attains a specified age on the day of
the anniversary of his birth-date.
Act - ANSWER--A bodily movement, whether voluntary or
involuntary, and includes speech.
Actor - ANSWER--A person whose criminal responsibility is in issue in a criminal
action. Whenever the term "suspect" is used in this code, it means "actor."
Bodily Injury - ANSWER--Means physical pain, illness, or any impairment of
physical condition.
Serious Bodily Injury - ANSWER--Bodily injury that creates a substantial risk of
death or that causes death, serious permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.
Coercion - ANSWER--Means a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened or another;
, TEXAS PENAL CODE EXAM 2023/2024 LATEST
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(C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or
to cause a public servant to take or withhold action.
Conduct - ANSWER--Means an act or omission and its accompanying mental
state.
Correctional Facility - ANSWER--Means a place designated by law for the
confinement of a person arrested for, charged with, or
convicted of a criminal offense. The term includes:
(A) a municipal or county jail;
(B) a confinement facility operated by the Texas Department of Criminal Justice;
(C) a confinement facility operated under contract with any division of the Texas
Department of Criminal Justice; and
(D) a community corrections facility operated by a community supervision and
corrections department.
Deadly Weapon - ANSWER--A firearm or anything manifestly designed, made, or
adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing
death or serious bodily injury.
Consent - ANSWER--Means assent in fact, whether express or apparent.
Effective Consent - ANSWER--Includes consent by a person legally authorized to
act for the owner. Consent is not effective if:
(A) induced by force, threat, or fraud;
(B) given by a person the actor knows is not legally authorized to act for the
owner;
(C) given by a person who by reason of youth, mental disease or defect, or
intoxication is known by the actor to be unable to make reasonable decisions; or
(D) given solely to detect the commission of an offense.
Element of Offense - ANSWER--(A) The forbidden conduct;
(B) The required culpability;
, TEXAS PENAL CODE EXAM 2023/2024 LATEST
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(C) Any required result; and
(D) The negation of any exception to the offense.
Felony - ANSWER--An offense so designated by law or punishable by death or
confinement in a penitentiary.
Harm - ANSWER--Anything reasonably regarded as loss, disadvantage, or injury,
including harm to another person in whose welfare the person affected is
interested.
Individual - ANSWER--A human being who is alive, including an unborn child at
every stage of gestation from fertilization until birth.
Misdemeanor - ANSWER--An offense so designated by law or punishable by fine,
by confinement in jail, or by both fine and confinement in jail.
Possession - ANSWER--Means actual care, custody, control, or management.
Public Place - ANSWER--Any place to which the public or a substantial group of
the public has access and includes, but is not limited to, streets, highways, and the
common areas of schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.
Public Servant - ANSWER--A person elected, selected, appointed, employed, or
otherwise designated as one of the following, even if he has not yet qualified for
office or assumed his duties:
(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private
written agreement to hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a
governmental function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right
although he is not legally qualified to do so.
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CORRECT ANSWERS
Reasonable Belief - ANSWER--A belief that would be held by an ordinary and
prudent man in the same circumstances as the actor.
Secure Correctional Facility - ANSWER--A municipal or county jail; or
(B) a confinement facility operated by or under a contract with any division of the
Texas Department of Criminal Justice.
Unlawful - ANSWER--Criminal or tortuous or both and includes what would be
criminal or tortuous but for a defense not amounting to justification or privilege.
Death - ANSWER--For an individual who is an unborn child, the failure to be born
alive.
Prosecuting Attorney - ANSWER--Prove beyond a reasonable doubt that the
defendant or defendant's conduct does not fall within the exception.
Proof Beyond a Reasonable Doubt - ANSWER--All persons are presumed to be
innocent and no person may be convicted of an offense unless each element of the
offense is proved beyond a reasonable doubt.
Presumption - ANSWER--If there is sufficient evidence of the facts that give rise
to the presumption, the issue of the existence of the presumed fact must be
submitted to the jury
Defense - ANSWER---"It is a defense to prosecution..."
-REASONABLE DOUBT
-Easier to prove
Affirmative Defense - ANSWER---"It is an Affirmative Defense to Prosecution..."
-Prosecuting attorney not required to negate existence.
-Proved by PREPONDERANCE OF EVIDENCE
-Harder to prove
Criminal Episode - ANSWER--The commission of 2 or more offenses, regardless
of whether the harm is directed toward or inflicted upon more than one person or
item. Common scheme/Similar offenses.
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