1. Punishable by imprisonment for 2 - 10 years in the institutional division; in addition to, may be fined up to $10,000.
A.Capitol Felony
B.1st Degree Felony
C.2nd Degree Felony
D.3rd Degree Felony
E.State Jail Felony


2. COERCION means a threat, however communicated. Which of the following would not be coercion?
A.preventing another from acquiring information likely to affect his judgment in a transaction
B.to accuse a person of any offense
C.to expose a person to hatred, contempt, or ridicule
D.to take or withhold action as a public servant, or to cause a public servant to take or withhold action
E.all of the above are coercion


3. When a person causes the penetration of the anus or female sexual organ of another person who is not the spouse of the actor by any means, without that person's consent, they have committed the offense of:
A.Assault
B.Sexual Assault
C.Aggravated Sexual Assault
D.Rape


4. Vic, the local salesman, refuses to leave a residence after being informed to leave by the owner. Vic is arrested for Criminal Trespass. What penalty group would this fall under?
A.Felony 3rd Degree
B.Misdemeanor Class A
C.Misdemeanor Class B
D.Misdemeanor Class C


5. Which of the following Disorderly Conduct offense's is not a class C misdemeanor?
A.fighting with another in a public place
B.displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm
C.uses abusive, indecent, profane, or vulgar language in a public place
D.exposing one's anus in a public place and careless about whether another may be present who may be offended


6. Joe Blow is wet and cold. To escape the weather, he forces his way into a closed business by breaking out a window (damage is $50). Blow should be charged with:
A.Burglary (Felony 2nd Degree)
B.Burglary (Felony 1st Degree)
C.Criminal Mischief (Class A Misdemeanor)
D.Criminal Trespass (Class B Misdemeanor)


7. Punishable by life in prison or death
A.Capitol Felony
B.1st Degree Felony
C.2nd Degree Felony
D.3rd Degree Felony
E.State Jail Felony


8. What is the primary difference between robbery and theft?
A.the value of the item taken
B.the fact that property was taken from a residence rather than a business
C.the type of entry used
D.the use or attempted use of force


9. All crimes must have an actus reus (act) and mens reus (mental state).
A.True
B.False


10. Bob pats Sweet Thing on the rump. Bob knows she might be a little offended but is surprised when she slaps him silly. Bob's actions might result in what charge being filed (Sweet Thing suffered no pain or injury).
A.Assault (Class A)
B.Assault (Class C)
C.Disorderly Conduct (Gesture)
D.No charge may be filed


11. A person agrees with one or more persons to commit a felony; plus an overt act by one or more of them in pursuance of the agreement is committed. This constitutes:
A.Criminal Attempt
B.Criminal Conspiracy
C.Criminal Solicitation
D.All of the above
E.Both A & B are correct


12. It is a defense to prosecution for resisting arrest or search that the arrest or search was unlawful.
A.True
B.False


13. Eddie Murphy shoplifts a video cassette of "Beverly Hills Cop" worth $18.50. While trying to leave the store where the theft occurred, Murphy is confronted by Billy, the store security guard. Murphy strikes Billy in the face, knocking him to the ground and causing Billy to suffer a black eye. Murphy then runs to the parking lot where he is apprehended by Serge, the other security guard. Murphy should be charged with what offense?
A.Assault (Class A)
B.Theft (Class C)
C.Robbery
D.Aggravated Robbery


14. Mack intentionally strikes Sam in the head and shoulders with a nightstick. The incident took place in the jail where Mack was booking Sam in. Sam did nothing to provoke Mack except speak poorly about Mack's family heritage. What offense has occurred?
A.Official Misconduct
B.Official Oppression
C.Violation of Civil Rights of Prisoner
D.No offense has occurred - Sam got what he deserved


15.
R-1 3.3.16

Officer Dudley Doright has stopped Snidely Whiplash for a traffic violation. Whiplash is abusive towards Doright and there is no one around to be offended by the remarks of Whiplash. Doright arrests Whiplash for Disorderly Conduct, knowing he does not have a lawful arrest. What offense has Doright committed?
A.Official Misconduct
B.Official Oppression
C.Violation of Civil Rights of Prisoner
D.No offense was committed by Doright - Whiplash really is guilty of Disorderly Conduct



16.
R-1 3.3.16

If the loss due to theft is less than $500 but $20 or more, the grade of theft would be:
A.3rd Degree Felony   
B.Class A Misdemeanor   
C.Class B Misdemeanor
D.Class C Misdemeanor   
E.You need more information to answer this question



17. Which one of the following defenses is not considered to be a valid defense in a criminal proceeding?
A.Duress
B.Mistake of fact
C.Intoxication
D.Entrapment


18. ____________ means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance.
A.Explosive weapon
B.Firearm
C.Handgun
D.Machine gun


19.
R-2 3.3.31

A convicted felon may never possess a firearm.
A.True
B.False



20.
R-2 3.3.31

A person commits the offense of __________ if the person knowingly manufactures a hoax bomb with the intent to use it cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.
A.Hoax Bomb
B.Prohibited Weapon
C.Arson
D.False Alarm or Report
E.None of the above



21. Causation is the link between the ________ and the ________.
A.mental state - act
B.act - harmful result
C.offense - penalty
D.victim - suspect


22. Joe, the village bum, finds an expired Master Card in the garbage. He knows the card is expired (and not his) but uses it to purchase a bottle of imported ripple. Joe is guilty of:
A.Theft (3rd Degree Felony)
B.Theft (Class A Misdemeanor)
C.Credit Card Abuse
D.Fraud


23. Effective consent means:
A.consent induced by threat
B.consent by a person legally authorized to act for the owner
C.consent solely to detect the commission of an offense
D.both B & C
E.none of the above


24. All persons are presumed to be innocent until proven guilty, and no person may be convicted of an offense unless each element of the offense is proven. The burden of proof required for a conviction is:
A.Suspicion
B.Reasonable suspicion
C.Reasonable doubt
D.Proof beyond a reasonable doubt
E.Preponderance of the evidence


25.
R-3 3.3.2

Proof of a higher degree of culpability than that charged constitutes proof of the culpability needed for conviction of the offense charged.
A.True
B.False



26. Habitation includes all of the following except:
A.a structure adapted for overnight accommodation of a person
B.a vehicle adapted for overnight accommodation of a person
C.any structure or enclosure designed specifically and only for commercial use
D.each separately secure, or occupied, portion of a structure or building
E.both B & D would not be considered a habitation


27. Allan is drunk and driving a motor vehicle. He strikes Tiny Tim, killing Tim, as Tim is tip-toeing through the intersection of Tulip & Vine. Allan may be charged with:
A.Murder
B.Capital Murder
C.Manslaughter
D.Intoxication Manslaughter


28.
R-4 3.3.11 A

Which of the following would not constitute Capital Murder (assuming a person commits murder as defined in the Penal Code)?
A.Murder of a fireman acting in performance of an official duty
B.Murder during the commission of felony criminal mischief
C.Murder during the commission of arson
D.Murder for remuneration or promise of remuneration
E.Murder of a peace officer acting in performance of an official duty



29.
R-4 3.3.11 A

The form of criminal homicide normally occurring during a fit of blind rage or sudden passion is:
A.Murder
B.Capitol Murder
C.Manslaughter
D.Intoxication Manslaughter
E.Criminally Negligent Homicide



30.
R-4 3.3.11 A

A person who recklessly causes the death of an individual may be charged with:
A.Murder
B.Manslaughter
C.Intoxication Manslaughter
D.Capitol Murder
E.Criminally Negligent Homicide



31. Joe abducts the son of the District Court judge. Joe calls the judge, the boy speaks with his daddy, then Joe says "Just think of what could happen if Harry Smith (Joe's brother) is convicted in your court." Joe then releases the boy unhurt at a church. The most serious offense is:
A.False Imprisonment
B.Kidnapping
C.Aggravated Kidnapping
D.Extortion
E.Abduction


32. A person may not be convicted of any offense committed when younger than 15 years of age.
A.True
B.False


33. A person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club. What offense would he be charged with?
A.Prohibited Weapons
B.Possession of Weapon by Felon
C.Unlawful Carrying Weapons
D.No charge may be filed


34. A person commits this offense if he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense.
A.Criminal Attempt
B.Criminal Conspiracy
C.Criminal Responsibility
D.Criminal Solicitation


35. "Public Place" includes all of the following except:
A.streets
B.highways
C.the common area of a school
D.an apartment


36. Mr. Bill decides to break into a hardware store. He forces his way into the building and begins to collect items he intends to take. Officer Hand arrives and captures Mr. Bill, who also has a handgun in his belt. Mr. Bill did not have the effective consent of the owner (Mr. Sluggo) to be in the store. The most serious offense Bill may be charged with is:
A.Burglary (State Jail Felony)
B.Burglary (3rd Degree Felony)
C.Criminal Trespass (Class A Misdemeanor)
D.Unlawful Carrying Weapon


37. Willie has been sniffing glue. He behavior is such that it suggests he is under the influence of the glue (an intoxicant) in that he now is running down the middle of Easy St. acting like King Kong. Willie should be charged with:
A.Public Lewdness
B.Public Intoxication
C.Invest of Lunacy
D.Cruelty to Animals


38. C.B. knowingly carries on the front seat of his car a switch blade knife. C.B. should be charged with:
A.Possession of Prohibited Weapon
B.Unlawfully Carrying a Weapon
C.Possession of Weapon by Felon
D.No charge


39. Punishable by up to one year in jail,; a $4,000 fine; and/or both such fine and imprisonment
A.State Jail Felony
B.Class A Misdemeanor
C.Class B Misdemeanor
D.Class C Misdemeanor


40. Punishable by a fine only of up to $500
A.State Jail Felony
B.Class A Misdemeanor
C.Class B Misdemeanor
D.Class C Misdemeanor


41. Punishable by confinement in a state jail for not more than two years but less than 180 days and, in addition to, may be fined up to $10,000.
A.State Jail Felony
B.Class A Misdemeanor
C.Class B Misdemeanor
D.3rd Degree Felony


42. Punishable by a fine not to exceed $2,000, confinement in jail for not more than 180 days, or both such fine and confinement.
A.Class A Misdemeanor
B.Class B Misdemeanor
C.Class C Misdemeanor
D.State Jail Felony


43. Punishable by imprisonment for 5 - 99 years, or life, in the institutional division; in addition to, may be fined up to $10,000.
A.Capitol Felony
B.1st Degree Felony
C.2nd Degree Felony
D.3rd Degree Felony
E.State Jail Felony


44. Punishable by imprisonment for 2 - 20 years in the institutional division; in addition to, may be fined up to $10,000.
A.Capitol Felony
B.1st Degree Felony
C.2nd Degree Felony
D.3rd Degree Felony
E.State Jail Felony


45. A person commits an offense if, with intent to harass another, he sends them a letter containing suggestions of sexual acts they are to perform together (and which the recipient consider obscene). This person has committed:
A.disorderly conduct
B.harassment
C.false alarm or report
D.desecration of venerated object


46. It is acceptable to release an intoxicated individual if a peace officer believes that:
A.the officer believes that detention in a penal facility is not necessary for the protection of the individual
B.the individual is released to an adult who agrees to accept responsibility for the individual
C.the officer believes that detention in a penal facility is not necessary for the protection of the individual and the individual is released to an adult who agrees to accept responsibility for the individual
D.it is never proper to release an intoxicated individual


47. Short barrel firearm means a rifle with a barrel less than _______ inches or a shotgun barrel length of less than ________ inches.
A.12/24
B.10/12
C.20/26
D.16/18


48. ____________________ means three or more persons having a common identifying sign or symbol, or who are regularly associated in the commission of criminal activities.
A.Mafia
B.Organized crime syndicate
C.Criminal street gang
D.Outlaw biker gang


49. Mr. A decides to rob a store. Acting with intent to commit the offense, A points a pistol at the store owner and fires. The owner dies as a result of Mr. A shooting him. Mr. A may be charged with:
A.Involuntary Manslaughter
B.Voluntary Manslaughter
C.Murder
D.Capitol Murder


50. A person who fails to perform an act commits an offense if:
A.There was a moral duty to act
B.He was a police officer
C.There was a statutory duty to act
D.The act was fundamentally wrong



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