TCOLE Texas Penal Code Offenses 2 — Questions and Answers
Question 1: Under Texas Penal Code, what mental state is required for a person to commit 'intentional' conduct?
- The person acts with conscious desire to engage in the conduct or cause the result (Correct answer)
- The person is aware their conduct is reasonably certain to cause the result
- The person ought to be aware of a substantial and unjustifiable risk
- The person is unaware of the risk due to a mental defect
Correct answer: The person acts with conscious desire to engage in the conduct or cause the result
Under TPC §6.03, a person acts intentionally when it is their conscious objective or desire to engage in the conduct or cause the result.
Question 2: A person is guilty of 'criminally negligent homicide' in Texas if they cause death by:
- Intentionally shooting at another person
- Knowingly disregarding a known risk of death
- Failing to perceive a substantial and unjustifiable risk they ought to have perceived (Correct answer)
- Recklessly engaging in conduct that causes death
Correct answer: Failing to perceive a substantial and unjustifiable risk they ought to have perceived
Criminally negligent homicide under TPC §19.05 requires criminal negligence — failure to perceive a risk a reasonable person would have perceived.
Question 3: Under Texas law, 'deadly conduct' (TPC §22.05) occurs when a person:
- Threatens another with a dangerous weapon during a robbery
- Recklessly engages in conduct that places another in imminent danger of serious bodily injury (Correct answer)
- Knowingly causes bodily injury with a weapon
- Intentionally causes serious bodily injury to a peace officer
Correct answer: Recklessly engages in conduct that places another in imminent danger of serious bodily injury
TPC §22.05 defines deadly conduct as recklessly engaging in conduct that places another person in imminent danger of serious bodily injury.
Question 4: Which of the following best describes 'serious bodily injury' under the Texas Penal Code?
- Any injury requiring medical treatment
- Injury causing temporary pain or discomfort
- Bodily injury that creates a substantial risk of death or causes permanent disfigurement or loss/impairment of a body member or organ (Correct answer)
- Any injury inflicted with a weapon
Correct answer: Bodily injury that creates a substantial risk of death or causes permanent disfigurement or loss/impairment of a body member or organ
TPC §1.07 defines serious bodily injury as injury that creates a substantial risk of death, permanent disfigurement, or loss/impairment of a body part or organ.
Question 5: A person commits 'terroristic threat' under TPC §22.07 when they threaten to commit a violent offense with intent to:
- Only cause physical harm to one specific individual
- Place any person in fear of imminent serious bodily injury or cause evacuation/impairment of a public place (Correct answer)
- Rob a financial institution
- Commit a Class C misdemeanor
Correct answer: Place any person in fear of imminent serious bodily injury or cause evacuation/impairment of a public place
TPC §22.07 covers threats made to place a person in fear of imminent serious bodily injury or to cause evacuation or disruption of public services.
Question 6: Under Texas Penal Code, 'public lewdness' (TPC §21.07) is committed when a person knowingly engages in sexual conduct in a public place or which is likely to be:
- Recorded on video
- Observed by a person who would be offended or alarmed (Correct answer)
- Witnessed by a minor under 17
- Reported to law enforcement
Correct answer: Observed by a person who would be offended or alarmed
TPC §21.07 prohibits sexual conduct in public or where it is likely to be observed by a person who would be offended or alarmed by it.
Question 7: In Texas, theft of property valued between $2,500 and $29,999 is classified as a:
- Class A misdemeanor
- State jail felony (Correct answer)
- Third degree felony
- Class B misdemeanor
Correct answer: State jail felony
Under TPC §31.03, theft of property valued at $2,500 or more but less than $30,000 is a state jail felony.
TCOLE Texas Penal Code Offenses 2
Under Texas Penal Code, what mental state is required for a person to commit 'intentional' conduct?