TCOLE Texas Commission on Law Enforcement

Under the Texas Penal Code, what is the difference between a Class A misdemeanor and a Class B misdemeanor?

• AClass A misdemeanors carry up to 6 months in jail, while Class B carries up to 30 days
• BClass A misdemeanors carry up to 1 year in jail and/or $4,000 fine, while Class B carries…
• CClass A misdemeanors are felonies, while Class B are not
• DThere is no difference; both carry the same penalties

Which of the following is NOT an element of the offense of theft under Texas Penal Code Section 31.03?

• AThe defendant unlawfully appropriated property
• BThe property belonged to another person
• CThe defendant used force to take the property
• DThe defendant intended to deprive the owner of the property

An officer responds to a disturbance and finds a person intentionally causing bodily injury to their spouse. Under the Texas Penal Code, what is the most appropriate offense classification?

• AClass C misdemeanor assault
• BClass A misdemeanor assault
• CThird-degree felony assault - Family Violence
• DSecond-degree felony aggravated assault

A suspect enters a habitation without consent and attempts to commit a theft. No one is present in the habitation. What offense has been committed under Texas Penal Code?

• ACriminal trespass - Class B misdemeanor
• BBurglary of a habitation - Second-degree felony
• CBurglary of a building - State jail felony
• DRobbery - Second-degree felony

What is the minimum age at which a child can be charged as an adult with a capital felony in Texas?

• A10 years old
• B14 years old
• C17 years old
• DThere is no minimum age

Under the Texas Penal Code, what distinguishes murder from capital murder?

• ACapital murder always involves premeditation
• BCapital murder includes specific aggravating circumstances such as killing a peace office…
• CCapital murder is always a first-degree felony
• DThere is no distinction; they are the same offense

An officer observes a driver operating a motor vehicle in a public place while intoxicated. What is the minimum offense level for this conduct under Texas Penal Code Section 49.04?

• AClass B misdemeanor
• BClass A misdemeanor
• CState jail felony
• DThird-degree felony

Which of the following constitutes the offense of "official oppression" under Texas Penal Code Section 39.03?

• AA peace officer accepting a free meal from a restaurant owner
• BA public servant intentionally subjecting another to sexual harassment, arrest without le…
• CA peace officer working an extra job while off-duty
• DA public servant accepting a campaign contribution

Under Texas Penal Code Section 1.07, what is the definition of "bodily injury"?

• AAny physical pain, illness, or any impairment of physical condition
• BOnly visible wounds or broken bones
• CAny injury requiring hospitalization
• DOnly injuries that create a substantial risk of death

A suspect threatens to cause imminent bodily injury to another person but does not actually cause any injury. Under the Texas Penal Code, what offense has occurred?

• ANo offense has occurred since there was no actual injury
• BAssault by threat - Class C misdemeanor
• CTerroristic threat - Third-degree felony
• DAggravated assault - Second-degree felony

Under the Texas Penal Code, what is the classification of possession of less than 2 ounces of marijuana?

• AClass B misdemeanor
• BClass A misdemeanor
• CState jail felony
• DLegal - no offense

A suspect unlawfully carries a handgun on or about their person in a public place. What offense has occurred under Texas Penal Code Section 46.02?

• ANo offense - Texas has constitutional carry
• BUnlawful carrying of weapons - Class A misdemeanor
• CDeadly conduct - Third-degree felony
• DAggravated assault with a deadly weapon - Second-degree felony

Under the Texas Penal Code, what distinguishes robbery from aggravated robbery?

• AAggravated robbery involves a weapon; robbery does not
• BAggravated robbery causes serious bodily injury, uses or exhibits a deadly weapon, or inv…
• CRobbery is always a misdemeanor while aggravated robbery is a felony
• DThere is no distinction in Texas law

Which defense is available under Texas Penal Code Chapter 9 for the use of force to protect oneself?

• AThe defendant believed the force was necessary regardless of the circumstances
• BThe defendant reasonably believed the force was immediately necessary to protect against…
• CThe defendant warned the other person at least three times before using force
• DThe defendant was in their own home, making any force justified

A person intentionally engages in sexual intercourse with another person without that person's consent. What is the appropriate charge under Texas Penal Code?

• AIndecent assault - Class A misdemeanor
• BSexual assault - Second-degree felony
• CAggravated sexual assault - First-degree felony
• DPublic lewdness - Class A misdemeanor

Under the Texas Penal Code, what is the "Age of Consent" for sexual activity?

• A16 years old
• B17 years old
• C18 years old
• D21 years old