Free TCOLE Texas Penal Code Questions and Answers — Questions and Answers
Question 1: Under Texas Penal Code §31.03, the value of stolen property is a key element in determining the severity of a theft charge. If an individual steals property valued at $2,600, what is the highest offense level they can be charged with?
- Class A Misdemeanor
- State Jail Felony (Correct answer)
- Third-Degree Felony
- Class B Misdemeanor
Correct answer: State Jail Felony
According to the Texas Penal Code, theft of property valued at $2,500 or more but less than $30,000 is classified as a State Jail Felony.
Question 2: An individual is walking past a house and sees a person inside who appears to be an intruder assaulting the homeowner. According to Chapter 9 of the Texas Penal Code (Justification Excluding Criminal Responsibility), which of the following is true regarding the use of force to protect the homeowner?
- The individual cannot intervene because they do not have a special relationship with the homeowner.
- The individual is justified in using deadly force only if the homeowner is a family member.
- The individual is justified in using the same level of force they would be justified in using to protect themselves in the same situation. (Correct answer)
- The individual may only use force, but not deadly force, to protect a third person.
Correct answer: The individual is justified in using the same level of force they would be justified in using to protect themselves in the same situation.
Texas Penal Code §9.33, "Defense of a Third Person," allows an individual to use force or deadly force to protect another if they reasonably believe their intervention is immediately necessary and that the third person would be justified in using that same level of force to protect themselves.
Question 3: A person knowingly discharges a firearm in the direction of a vehicle they know to be occupied. No one is injured. Under Texas Penal Code §22.05, what is the most serious offense committed?
- Unlawful Carry of a Weapon
- Aggravated Assault
- Deadly Conduct (Correct answer)
- Terroristic Threat
Correct answer: Deadly Conduct
Texas Penal Code §22.05 defines Deadly Conduct as, among other things, knowingly discharging a firearm at or in the direction of an occupied vehicle. This act is a third-degree felony, regardless of whether anyone is actually harmed.
Question 4: Which of the following scenarios best illustrates the offense of Criminal Trespass under Texas Penal Code §30.05?
- A person accidentally wanders onto a neighbor's unfenced front yard while walking their dog.
- A delivery driver walks up to the front door of a residence to leave a package.
- A shopper remains in a department store after it has closed for the night, despite hearing announcements to leave.
- A political canvasser walks up a driveway to knock on the front door of a house. (Correct answer)
Correct answer: A political canvasser walks up a driveway to knock on the front door of a house.
Criminal Trespass, under Texas Penal Code §30.05, occurs when a person enters or remains on or in the property of another without effective consent, and they had notice that the entry was forbidden or received notice to depart but failed to do so. The shopper remaining after closing after being told to leave fits this definition.
Question 5: According to the Texas Penal Code, which of the following mental states is defined as a person being aware that their conduct is reasonably certain to cause a specific result?
- Intentionally
- Recklessly
- Criminal Negligence
- Knowingly (Correct answer)
Correct answer: Knowingly
The Texas Penal Code defines "Knowingly" as the culpable mental state where a person is aware of the nature of their conduct or that the circumstances exist, or is aware that their conduct is reasonably certain to cause the result.
Question 6: An individual intentionally and knowingly causes physical contact with another person that they know the other person will regard as offensive or provocative. No bodily injury occurs. What is the highest level of assault that has been committed under the Texas Penal Code?
- Aggravated Assault
- Class A Misdemeanor Assault
- Class C Misdemeanor Assault (Correct answer)
- No offense has been committed
Correct answer: Class C Misdemeanor Assault
Under Texas Penal Code §22.01, an assault can occur by intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. This type of assault, without bodily injury, is a Class C Misdemeanor.
Free TCOLE Texas Penal Code Questions and Answers
Under Texas Penal Code §31.03, the value of stolen property is a key element in determining the severity of a theft charge.
If an individual steals property valued at $2,600, what is the highest offense level they can be charged with?