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Texas Penal Code Offenses Flashcards

7 cards from real TCOLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Texas Penal Code Offenses flashcards as text

  1. Under TPC §38.04, a person commits 'evading arrest or detention' if they intentionally flee from a person they know is:

    Answer: A peace officer lawfully attempting to arrest or detain them

    TPC §38.04 requires that the person flee from a peace officer they know is lawfully attempting to arrest or detain them.

  2. Which offense involves unlawfully entering or remaining in a habitation without the owner's consent under Texas law?

    Answer: Burglary (TPC §30.02)

    Burglary under TPC §30.02 involves entering a habitation without consent with intent to commit a felony, theft, or assault inside.

  3. Under TPC §49.04, driving while intoxicated (DWI) becomes a third-degree felony on the third conviction because:

    Answer: Two prior DWI convictions elevate a subsequent DWI to a third-degree felony

    Under TPC §49.09, a DWI is elevated to a third-degree felony when the person has two or more prior DWI convictions.

  4. What distinguishes 'robbery' from 'aggravated robbery' under the Texas Penal Code?

    Answer: Aggravated robbery involves using or exhibiting a deadly weapon or causing serious bodily injury

    TPC §29.03 elevates robbery to aggravated robbery when the actor uses or exhibits a deadly weapon or causes serious bodily injury during the offense.

  5. Under TPC §22.011, sexual assault requires that the other person:

    Answer: Not consent to the sexual act

    TPC §22.011 defines sexual assault as intentional sexual penetration of another person without that person's consent.

  6. A person commits 'tampering with evidence' under TPC §37.09 when they, knowing an investigation is in progress, alter or destroy evidence with intent to:

    Answer: Impair its availability as evidence in the investigation or proceeding

    TPC §37.09 prohibits altering, destroying, or concealing evidence with intent to impair its availability in any investigation or official proceeding.

  7. Under Texas Penal Code, which of the following is an element of 'organized criminal activity' under TPC §71.02?

    Answer: Collaborating with three or more persons to commit or conspire to commit specific listed offenses

    TPC §71.02 requires that the person collaborate with two or more others (three total) in committing or conspiring to commit enumerated offenses.