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Penal Code (42,43 A & B, 46)
UHD Police Academy
50
Law
Professional
07/25/2013

Additional Law Flashcards

 


 

Cards

Term

To knowingly engage in sexual conduct for a fee, is:

 

a.  pandering 

b.  prostitution

c.  solicitation

d.  deviate sexual intercourse

Definition
b.  prostitution
Term

X offers to pay Miss Y $50.00, to allow him to simply touch her breast.  Miss Y agrees on the condition that there is no further sex play and no intercourse.  X receives sexual gratification from the touch and pays the astonished Miss  Y the $50.00.  What offense(s) has occurred?

 

a.  prostitution: on X for soliciting

b.  prostitution: on Y for agreeing to engage in sexual conduct for a fee

d.  promotion of prostitution on X

d. a and b

 

Definition
d. a and b
Term

X owns a motel that rents rooms by the hour.  X allows the 5 prostitutes that work his block to use the rooms for a share of the proceeds in exchange for free lodging for the girls.  X has committed:

 

a.  prostitution

b.  promotion of prostitution

c.  aggravated promoton of prostitution

d.  no offense

Definition
c.  aggravated promoton of prostitution
Term

 A known "Pimp" has one prostitute that works for him.  He provides her clients, clothing, transportation, medical expenses and protection.  She gives him 80% of her take, The pimp is guillty of:

 

a.  promotion of prostitution

b.  aggravated promotion of prostitution

c.  compelling prostitution

d.  prostitution

Definition
a.  promotion of prostitution
Term

Promotion of prostitution becomes aggravated promotion of prostitution when the pimp is running _____  prostitution.

 

a.  five or more

b.  two or more

c.  more than two

d.  more than one

Definition
b.  two or more
Term

Pimp X just added a new girl to his string.  She is 16 and very experienced and is excited to have a strong protector and provider as X.  X is now guilty of ..(most serious offense)

 

a.  aggravated promotion of prostituion

b.  compelling prostitution

c.  prostitution

d.  promotion of prostitution

Definition
b.  compelling prostitution
Term

Miss X owes pimp Y money for last weeks crack cocaine she used.  She can't pay, so Y forces X to prostitute for a few weeks til the debt is paid off.  X does not want to do this but fears for her life if she doesn't. Y is most guilty of:

 

a.  aggravated promotion of prostitution

b.  compelling prostitution

c.  promotion of prostitution

d.  delivery with intent to sell cocaine

Definition
b.  compelling prostitution
Term

"Sexual conduct" includes which of the following?

 

a.  sexual contact

b.  sexual intercourse

 c.  deviate sexual intercourse

d.  all of the above

 

Definition
d.  all of the above
Term

Which of the below is NOT sexual contact?

 

a.  touching of the anus or breasst of another person to gratify the sexual desire of any person

b. touching of the genitals of another person to gratify the sexual desire of any peson

c.  contact between the mouth of one person and the genitals or anus of another person

d.  they 're all sexual contact

Definition
c.  contact between the mouth of one person and the genitals or anus of another person
Term

Prostitution is an offense of _____.

 

a.  Class B misdemeanor on 1st offense

b.  Class A misdemeanor on 1st offense

c.  3rd degree felony on 1st offense

d.  2nd degree felony on 1st offense

 

Definition
a.  Class B misdemeanor on 1st offense
Term

A person who possess _____ obscene devices or identical or similar obscene articles, is presumed to possess with intent to promote

 

a.  twelve or more

b. six or more

c.  more than six

d.  none of these

Definition
b. six or more
Term

X hangs a calendar displaying nude photographs of women in sexual positions in the front lobby of his business, because the men really like them.  X can be charged with:

 

a.  obscenity

b.  promotion of obscenity

c.  obscene distribution

d.  obscene display

Definition
d.  obscene display
Term

X runs an adult bookstore.  You observe him sell a magazine containing photos of ultimate sexual acts and complete nudity to an 18-year-old high school student.  This is:

 

a.  sale of harmful materials to a minor

b.  obscene distribution

c.  promotion of obscene materials

d.  wholesale promotion of obscene materials

Definition
c.  promotion of obscene materials
Term

X, a retailer of ADULT MAGAZINES sells a magazie about bestiality and sodomy, wth very graphic nude photos illustrating the ultimate acts, knowingly to a 17 year old.  X has committed:

 

a.  retail transction only

b.  sale of harmful material to a minor

c.  obscene distribution

d.  promotion of obscene materials

Definition
b.  sale of harmful material to a minor
Term

X, knowing the character and content of the film, induces a 16-year-old girl to star in the movie.  It will involve only simulated sexual intercourse and she will receive $5,000.00for her part.  Her mother consents and signs the contract for her daughter.  What offense(s) have occurred?

 

a.  none

b.  sexual performance by a child, against X

c.  sexual performance by a child, against mom

d.  both b and c

Definition
d.  both b and c
Term

What offense would the "Director", "Producer" or "Promoter" of the film in question #5 is guilty of, if they know the character and content of the film?

 

a.  sexual performance by a child 3rd degree felony

b.  employment harmful to children

c  obscene display

d.  none of these

Definition
a.  sexual performance by a child 3rd degree felony
Term

X runs a licensed "Topless bar." He needs younger looking waitresses and hires a 17-year-old female to only wait tables but she must work topless.  She is told not to dance or serve alcoholic beverage.  X is guilty of:

 

a.  employment harmful to children

b.  no offense

c.  child pornography

d.  harmful display of a minor

 

Definition
a.  employment harmful to children
Term

X offers to sell "Undercover officer," Z a videotape of children engaging in oral sex and sodomy, all nude, all under the age 18, for only $50.00.  X has committed:

 

a.  possession of child pornography

b.  promotion of pornography

c.  oscenity

d. no offense

Definition
b.  promotion of pornography
Term

"Child" as defined in chapter 43 of the penal code is, "anyone _____."

 

a.  age 18 or older

b.  under age 21

c.  age 10 or older but under age 21

d.  under age 18

Definition
d.  under age 18
Term

"An instrument that is specifically designed, made, adapted or used for the purpose of inflicting serious bodily injury or death by striking a person with the instrument," is a:

 

a.  illegal knife

b.  throwing knife

c.  club

d.  brass knuckles

 

Definition
c.  club
Term

Which of these is a "short-barrel" firearm?

 

a. rifle with a 16 inch barrel

b.  shotgun with an 18 inch barrel

c.   rifle or shotgun with an adapted overall length of less than 26 inches

d.  they are all short barrel firearms 

Definition
c.   rifle or shotgun with an adapted overall length of less than 26 inches
Term

"any device designed, made or adapted to expel a projectile through a barrel by using energy generated by explosion or burning substance or any device readily convertible to that use," defines:

 

a.  firearm

b.  explosive weapon

c.  handgun

d.  zip gun

 

 

Definition
a.  firearm
Term

"A device that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel, by using the energy generated by an explosion or burning substance," defines:

 

a.  firearm

b.  explosive weapons

c.  blow-gun

d.  zip gun

 

 

Definition
d.  zip gun
Term

Which of the below is not covered in "Unlawfully Carrying a Weapon?"

 

a.  handgun

b.  illegal knife

c.  club

d.  shotgun

 

Definition
d.  shotgun
Term

Which of the below is an "Illegal Knife?"

 

a.  knife with a blade over 5 1/2 inches long

b.  throwing knives

c.  bowie knife

d.  all of the above

Definition
d.  all of the above
Term

Which of these are "places where weapons are prohibited?"

 

a.  school grounds and secured areas at airports

b.  polling places on Election Day

c.  courtrooms and racetracks

d.  all of the above

 

Definition
d.  all of the above
Term

X is a licensed "Concealed hangun holder" and is stopped by the police on his way home.  X  is determined to to be publicly intoxicated and is arrested while searching X before transporting, the officers find a handgun on him.  What can X be filed on for?

 

a.  public intoxication

b.  unlawfully carring a weapon

c.  unlawfully carrying a handgun by a license holder

d.  a and c

Definition
d.  a and c
Term

A licensed concealed handgun holder commits an offense if he:

 

a.  intentionally fails to conceal his handgun

b.  recklessly carries a concealed handgun to a high school football game

c.  knowingly carries a consealed handgun onto licensed premises for sale and consumpton of alcoholic beverages

d.  all of the above

 

Definition
d.  all of the above
Term

You are on patrol and see X, a known convicted felon that has only been out of prison for 1 year, sitting on the porch of his house cleaning a shotgun.  What offense has X committed?

 

a.  unlawful possession of a firearm by a felon

b.  unlawfully carryig a weapon

c.  deadly conduct

d.  no offense

Definition
a.  unlawful possession of a firearm by a felon
Term

When can a convicted felon, have a firearm legally?

 

a.  never

b.  after the 5th anniversary of his release from prison, parole supervision

c.  only at his residence

d.  b and c

Definition
d.  b and c
Term

Officer Z stops a convicted felon on traffic.  The felon has an antique black powder revolver, circa 1860, on the front seat with him.  The felon is guilty of:

 

a.  unlawfully  carrying a weapon

b.  unlawful possession of a firearm by a felon

c. carryng a  prohibited weapon

d.  no offense, other than traffic

Definition
d.  no offense, other than traffic
Term

Which of these is a prohibited weapon?

 

a. switchblade knife

b.  bowie knife

c.  sword

d.  all the above

Definition
a. switchblade knife
Term

X knowingly loans a handgun, to use in the commission of a crime.  X is guilty of 

 

a.  criminal solicitation

b.  accessory prior to the fact

c.  unlawful transfer of firearm

d.  no offense

Definition
c.  unlawful transfer of firearm
Term

X wraps six individual highway flares in a brown paper bag to resemble TNT and then straps them in a bundle with an alarm clock attached and two protruding wires (red and blue in color).  Satisfied that this looks like a real bomb, he transports it to the drive in window of his bank, with intent to frighten the rude teller that works there.  X is guilty of:

 

a.  aggravated robbery

b.  possession of explosive weapon

c.  possession of hoax bomb

d.  no offense, since it is not a real bomb

Definition
c.  possession of hoax bomb
Term

X has quietly been buying up ingredients to build a letter bomb to send to the judge that sent him to prison 10 years ago.  X confides in his buddy Y and shows him the supplies in his basement.  Y calls officer Z and armed with a warrant, officer Z enters X's basement and observes the mercury, C-4, electric blasting caps, wire, cotton and other components for a letter bomb, howerver   the bomb has not been assembled or mailed.  X is guilty of:

 

a.  nothing

b.  possession of components for explosive weapon, with criminal intent

c.  possession of explosive weapon

d.  possession of hoax bomb

Definition
b.  possession of components for explosive weapon, with criminal intent
Term

Security guard X leaves his loaded .357 revolver on the television set in his den of his home and before going to take a nap he tells his two boys ages 9 and 12, to quietly watch TV and not make any noise.  X is awakened by the sound of his pistol being fired into his TV set by his 12 year old that he knew he could outdraw the villain in the movie.  What offense if any occured?

 

a.  making a firearm accessible to a child, against X

b.  minor in possession of a firearm, against X's son

c.  unlawful discharge of a firearm, against both sons

d.  no offense...not in a public place

Definition
a.  making a firearm accessible to a child, against X
Term

Which one of these is not disorderly conduct?

 

 

a.  Intentionally uses vulgar language in a public place, which tends to incite a breach of the peace.

b.  Knowingly makes offensive gestures in a public place, which tends to incite a breach of peace.

c.  Knowingly  exposes his anus or genitals and is reckless about whether another may be present who will be offended.

d.  They are all disorderly conduct.

Definition
c.  Knowingly  exposes his anus or genitals and is reckless about whether another may be present who will be offended.
Term

To have a riot, requires the assemblage of _____ persons, resulting in statutory prohibited conduct, under 42.02.

 

a.  three or more

b.  less than seven

c.  seven or less

d.  seven or more

Definition
d.  seven or more
Term

Firefighters are unable to enter an apartment building  to put out a fire because Mr. X is blocking the doorway.  The firemen have asked him to step aside but he remarked "You are not the cops, you can't make me!" X can be charged with:

 

a.  nothing, he lives there

b.  obstructing a highway

c.  obstructing a passageway

d.  hindering emergency responders

 

 

Definition
c.  obstructing a passageway
Term

If there is a large crowd gathered to hear a speech and the crowd is either too loud or blocking the public streets or passageways, before an arrest can be made, the actor must be ordered to move or remedy the violation by ___.

 

a.  a peace officer

b.  a firefighter

c.  a person wth authority to control the use of the premises

d.  any of the above

Definition
d.  any of the above
Term

X intentionally disrupted the meeting at city hall by shouting vulgar language in the meeting X is most guilty of ...(most serious offense)

 

a.  riot

b.  disorderly conduct

c.  obstructing civil meeting

d.  disrupting a meeting

Definition
d.  disrupting a meeting
Term

Student X, in order to get out of a semester exam, intentionally sets off the school alarm, causing an evacuation of the school.  X is guilty of...

 

a.  disorderly conduct

b.  harassment

c.  false alarm

d.  terroristic threat

Definition
c.  false alarm
Term

Obscene phone calls are commonly filed as an offense of _____.

 

a.  harassment

b.  terroristic threat

c.  disorderly conduct

d.  none of these

Definition
a.  harassment
Term

X sends Y a letter, in which he threatens to rape Y's sister.  This is:

 

a.  terroristic threat

b.  harassment

c.  sexual assault

d.  disorderly conduct

Definition
b.  harassment
Term

Causing the telephone of another to repeatedly ring and hang up, is:

 

a.  no offense

b.  disorderly conduct

c.  harassment

d.  public nuisance

 

 

 

Definition
c.  harassment
Term

To  file "STALKING" the actor must cause the victim to be in fear of:  

 

a.  bodily injury or death for him or herself

b.  bodily injury or death from members of family or household

c.  offenses against the persons' property

d.  All of the above

e.  only a and b above

Definition
d.  All of the above
Term

X trains pit bulls to fight in dogfights in another state where the sport is legal.  His training camp is in Texas and he gets the dogs in fighting conditions by torturing them daily and depriving them of food and water for several days before each contest.  X is guilty of:

 

a.  dog fighting 

b.  no offense in Texas

c.  cruelty to animals

d.  a and c

Definition
d.  a and c
Term

X shoots his neighbors' cow with rock salt from a shotgun, for crapping on his garden.  The cow ran home in pain but was not injured.  X is guilty of:

 

a.  cruelty to animals

b.  deadly conduct

c.  disorderly conduct

d.  none of these

Definition
a.  cruelty to animals
Term

Two freshmen are pledging a fraternity and as part of their initiation they must obtain a human corpse.  They know it would be illegal to dig one up from a graveyard so they borrow one from the morgue and leave a note for the attendant that they will bring the body back in 24 hours, unharmed.  These 2 are most guilty of:

 

a.  felony theft

b.  desecrating a venerated object

c.  abuse of corpse

d.  theft of corpse

Definition
c.  abuse of corpse
Term

To "threaten someone of bodily injury" can result in either the charge of ASSAULT or HARASSMENT.  What is the primary difference?

 

a.  amount of threatened injury

b.  method of issuing the threat

c.  level of punishment for each act

d.  b and c

Definition
d.  b and c
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