Type: MC
Points: 2.5

Title: MC1
1.  Accomplices to offenses
a. must be prosecuted for the next lower offense.
b. are not treated the same as the principal offender.
c. are prosecuted only in felony cases.
*d. may be charged and convicted for the same offense as the principal offender.

Title: MC2
2.  Which one of the following defenses is not considered to be a valid defense in a criminal proceeding?
a. Mistake of fact
b. Duress
*c. Intoxication
d. Entrapment

Title: MC3
3.  When Mr. "A" agrees with one or more persons to engage in a felony offense and one of them carries out the offense, Mr. "A" may be charged with
a. the offense itself,
b. criminal attempt,
c. a class C misdemeanor.
*d. criminal conspiracy.

Title: MC4
4.  A person may not be prosecuted for or convicted of an offense (other than perjury, aggravated perjury, or traffic offenses) that he or she committed when
a. younger than eighteen years of age.
*b. younger than seventeen unless juvenile court waives jurisdiction.
c. younger than eighteen years of age unless juvenile court waives jurisdiction.
d. younger than fifteen years of age unless juvenile court waives jurisdiction.

Title: MC5
5.  A felony of the third degree is punishable by
a. confinement by the Texas Department of Criminal Justice not to exceed one year, and may be fined not more than $10,000.
*b. confinement by the Texas Department of Criminal Justice for not more than ten years nor less than two years, and may be fined not more than $10,000.
c. confinement by the Texas Department of Criminal Justice for not more than twenty years nor less than five years, and may be fined not more than $10,000.
d. confinement by the Texas Department of Criminal Justice for not more than five years nor less than two years, and may be fined not more than $10,000.

Title: MC6
6.  Which one of the following is not an element of proof for the offense of murder?
a. Intentionally or knowingly causing the death of an individual
b. Causing the death of an individual while engaged in a felony
*c. Causing the death of an individual while DWI
d. Intending serious bodily injury but causing death

Title: MC7
7.  If a person abducts another with intent to interfere with the performance of government, it is
*a. aggravated kidnapping.
b. kidnapping.
c. false imprisonment.
d. a third-degree felony.

Title: MC8
8.  Engaging in an act of sexual intercourse in a public place is
a. indecent exposure.
b. deviate sexual intercourse.
*c. public lewdness.
d. a class C misdemeanor.

Title: MC9
9.  Which of the following offenses is punishable by the death penalty?
a. While operating a motor vehicle under the influence of intoxicating substances, a person causes the death of another person.
b. A person is negligent in operating a motor vehicle and as a result of this negligence causes the death of an individual.
c. A person intentionally kills another human being in the heat of sudden passion due to an adequate cause.
*d. A person pays another person to kill a business partner.

Title: MC10
10.  Which of the following is not a violation of the Texas Penal Code?
*a. Two persons of the same sex are seen kissing on the main street of the city.
b. Two individuals of the opposite sex are observed performing an act of sexual intercourse in a public place.
c. Two individuals of the same sex are observed engaging in deviant sexual intercourse in a private place but are reckless about whether another person is present who may be offended.
d. All of the above are violations.

Title: MC11
11.  In which of the following circumstances would an individual be charged with aggravated assault?
a. A person knowingly causes physical contact with another person when the actor knows that the other will regard the contact as offensive.
*b. The actor exhibits a deadly weapon during the commission of assault.
c. An actor hits his spouse with his fists and causes a black-and-blue mark on her arm.
d. None of the above responds to the question.

Title: MC12
12.  When an actor causes the penetration of the anus or female sexual organ of another person by any means without the per-son's consent, which offense has been committed in the state of Texas?
a. Assault
b. Rape
c. Aggravated assault
*d. Sexual assault

Title: MC13
13.  Whenever a person causes a reaction of any type by threatening to explode a bomb, which of the following offenses has been committed in the state of Texas?
a. Deadly conduct
*b. Terroristic threat
c. Tampering with consumer product
d. Incest

Title: MC14
14.  If a person causes an explosion with intent to damage a vehicle to collect insurance money, which offense has been committed in the state of Texas?
a. Damage to property
b. Terroristic threat
*c. Arson
d. Theft of property

Title: MC15
15.  What charges would be filed on a person who tried to poison another who did not die following the ordeal?
a. Aiding suicide
b. Solicitation of murder
c. Manslaughter
*d. Attempted murder

Title: MC16
16.  An affirmative defense to prosecution
a. excuses criminal responsibility if the defense is proven to exist beyond a reasonable doubt.
b. establishes no defense for the accused in a criminal action.
c. creates a doubt about criminal intent.
*d. excuses criminal responsibility if the defense is proven by a preponderance of the evidence.

Title: MC17
17.  Which of the following is an affirmative defense?
a. Intoxication
*b. Duress
c. Mistake of fact
d. Entrapment

Title: MC18
18.  Which of the following situations justifies the use of deadly force to protect property?
a. An actor fleeing from an arson crime scene
*b. An actor in the imminent commission of theft during the nighttime
c. An actor in the imminent commission of theft during the daytime
d. An actor fleeing immediately after committing criminal mischief during the nighttime

Title: MC19
19.  A person who has custody, care, or control of a child younger than ______ years commits an offense if he or she intentionally abandons the child in any place under circumstances that ex-pose a child to an unreasonable risk of harm.
a. ten
b. thirteen
c. fourteen
*d. fifteen

Title: MC20
20.  A person commits an offense of arson if he or she starts a fire or causes an explosion, intending to destroy or damage any building, habitation, vehicle, vegetation, fence, or structure on open-space land knowing that it is
a. inside the city limits.
b. insured against damage.
c. located on property belonging to another.
*d. all of the above.

Title: MC521
21.  A man with a knife is standing 75 feet away from another man that is getting into a vehicle. The man with the knife is screaming that he is going to kill the other. The driver gets into his vehicle, drives over to the man with the knife, and shoots the man with the knife; the victim of the shooting dies. What offense, if any, was committed?
a. None�this was self-defense.
*b. Murder
c. Manslaughter
d. Criminally negligent homicide

Title: MC522
22.  Mike offers Randy $10,000 to kill a rich uncle. Randy tells a detective about the plot. Randy agrees to work with the detective, and a "sting" operation is set up with the cooperation of the uncle. Randy gives a picture of the contrived murder as proof of the event and asks Mike for his money. When the money is exchanged, Mike is arrested. What will Mike be charged with?
a. Murder
b. Capital murder
c. Conspiracy to commit murder
*d. Solicitation of capital murder

Title: MC23
23.  Which of the following is not one of the culpable mental states that are defined in the Texas Penal Code?
*a. Premeditated
b. Intentionally
c. Knowingly
d. Recklessly

Title: MC24
24.  What offense has been committed when a nurse at a nursing home purposefully fails to give an 80-year old man his pre-scribed medicine?
a. Aiding suicide
*b. Injury to an elderly person
c. Assault
d. Negligent conduct

Title: MC25
25.  When is a person responsible for the conduct of another person?
a. When the person observes the other person commit a crime
*b. When the person is criminally responsible for the conduct of another
c. Under no circumstances
d. Only if the other person is a juvenile

Title: MC526
26.  A person intends to interfere with the lawful custody of a child who is 17 years old from a parent that is involved in a custody battle and persuades the child to go to the bus station where a ticket is waiting. The child gets on the bus without the parent's permission and goes to visit the person buying the ticket. What offense, if any, did the person commit?
a. No offense
b. Agreement to abduct from custody
c. Interference with child custody
*d. Enticing a child
       
Title: MC27
27.  A person shows his anus or genitalia for gratification and the display is offensive to other people. With which offense may the person be charged?
a. Criminal mischief
b. Illicit behavior
*c. Indecent exposure
d. Disorderly conduct

Title: MC28
28.  A drive-by shooting is
a. reckless conduct.
*b. deadly conduct.
c. criminal mischief.
d. unlawfully carrying a weapon.

Title: MC29
29.  A person detonates a bomb without consent or with intent to destroy a building of another. The person committed
a. deadly conduct.
b. criminal mischief.
c. unlawfully carrying a weapon.
*d. arson.

Title: MC30
30.  A person intentionally damages property of another without effective consent. The person committed
a. disorderly conduct.
*b. criminal mischief.
c. reckless conduct.
d. delinquent behavior.

Title: MC31
31.  To intentionally or knowingly "abduct" another person is
a. false imprisonment.
*b. kidnapping.
c. aggravated kidnapping.
d. compelling kidnapping.

Title: MC32
32.  To intentionally or knowingly "restrain" another person from leaving is
*a. false imprisonment.
b. kidnapping.
c. aggravated kidnapping.
d. deadly conduct.

Title: MC33
33.  No person may be convicted of an offense unless each element of the offense is proved
*a. beyond a reasonable doubt.
b. beyond the shadow of a doubt.
c. by a preponderance of the evidence.
d. to the level of probable cause.

Title: MC34
34.   A man in the front row of a crowded movie theater stands up and "moons" everyone. What offense, if any, did he commit?
a. Indecent exposure
b. Reckless conduct
c. Disorderly conduct
*d. No offense

Title: MC35
35.  A 20-year-old man has sexual intercourse with a 16-year-old girl who consents because they are boy and girl friend. What offense, if any, was committed?
a. Assault
*b. Sexual assault
c. Aggravated assault
d. Aggravated sexual assault

Title: MC36
36.  A babysitter takes her clothes off and masturbates in front of a 5-year-old boy. What offense, if any, has been committed?
a. Indecent exposure
b. Official misconduct
*c. Indecency with a child
d. Public lewdness

Title: MC37
37. A person commits the offense of  _____ if, during a period that is 12 months or less in duration, the person two or more times causes bodily injury to a person or persons whose relationship to or association with the defendant is a family member (PC 25.11):
a.  aggravated assault
b.  assault
c.  family violence
*d.  continuous violence against the family

Title: MC38
38. People are dancing at a night club. A man pinches a woman on her buttocks and she is offended by the pinch. The man can be charged with
a. sexual assault.
b. aggravated sexual assault.
*c. assault.
d. aggravated assault.

Title: MC39
39.  Criminal law is designed to
*a. protect people from illegal acts or conduct.
b. establish rules for the admission of evidence.
c. protect officers from allegations of unlawful behavior.
d. provide criminals a defense to prosecution.

Title: MC40
40.   Following a conviction, the actor retaliates against the judge in the case and causes the death of the judge who sentenced him. The actor can be charged with
*a. capital murder.
b. murder.
c. manslaughter.
d. criminally negligent homicide.
e. retaliation.

Title: MC41
41. Two individuals engaged in an act of sexual intercourse in a public place, and others are present who are offended by the scene. The two people have committed
a. no offense.
b. public indecency.
*c. public lewdness.
d. disorderly conduct.

Title: MC42
42.   A person is working on a billboard scaffold 20 feet off the ground. The worker negligently throws a tool to the ground without looking. The tool hits a person walking under the scaf-fold and kills the individual. What crime, if any, can the worker be charged with?
a. No crime because it was an accident
*b. Criminally negligent homicide
c. Manslaughter
d. Murder

Title: MC43
43.  A person assaults a peace officer because the officer filed charges against the individual. The person has committed
a. assault.
b. criminal mischief.
c. retaliation.
*d. aggravated assault.

Title: MC44
44.   Two parents are involved in a court custody battle regarding their ten-year-old child who resides with the mother. With in-tent to interfere with the lawful custody, the father takes a child from the mother's care. The father can be charged with
a. enticing a child.
b. harboring a runaway child.
*c.  interference with child custody.
d. kidnapping.

Title: MC45
45.   Which of the following factors most generally contributes to the mental and emotional injury to a child and is punishable under P.C. 22.04?
a. Punishment
b. Act of abuse
*c. Omission or neglect
d. Spanking

Title: MC46
46.   What crime, if any, is committed when a person causes the telephone of another to repeatedly ring, makes repeated phone calls, or makes a telephone call and intentionally fails to hang up or disengage the connection?
a. No offense�this is a matter to be handled by the phone company.
b. Disorderly conduct
*c. Harassment
d. False alarm or report

Title: MC47
47.   A man restricts his wife's movements without her consent by confining her in their bedroom; after a day passes he lets her go free. What crime, if any, did the man commit?
a. Kidnapping
*b. Unlawful restraint
c. Domestic violence
d. No offense because they are married

Title: MC48
48.   One of objectives of the Penal Code is to
a. adopt measures for preventing the commission of a crime.
*b. define the scope of law enforcement actions in enforcing laws and to systemize the exercise of state criminal jurisdiction.
c. exclude the offender from all hope of escape.
d. ensure a trial with as little delay as possible consistent with justice.

Title: MC49
49.  A person commits an offense if he or she _____ engages in offenses.
a. willingly
b. consciously
*c. voluntarily
d. knowingly

Title: MC50
50.  The mouth of one person touches the anus of another person. This action is defined as
*a. deviant sexual intercourse.
b. sexual intercourse.
c. deviant behavior.
d. aberrant intercourse.