238 terms



Terms in this set (...)

Texas Code of Criminal Procedure shall be know, and may be cited, as:
Code of Criminal Procedure
The Texas Code of Criminal Procedure shall govern all______
criminal proceedings
The Texas Code of Criminal Procedure seeks to insure______
a fair and impartial trial
In all criminal prosecutions the accused shall enjoy
1. The right to demand the nature and cause of the accusation.
2. to have a copy of the accusation
3. the right of being heard by himself
4. a speedy public trial
The right of the accused shall include: 1.
1. compulsory process for obtaining witnesses
2. indictment by grand jury for felony case.
The defendant in a criminal matter is entitled to be represented by counsel in an adversarial judicial proceedings. The right to be represented by counsel includes_____________________
the right to consult with counsel in private
Article 1.06 Searches and seizures states the people shall be secure in their persons, houses, papers, and possessions from all __________
unreasonable searches and seizures
The habeas corpus is a writ of right and shall be suspended under the following condition:
shall never be suspended
Article 1.09 of the Texas Code of Criminal Procedure forbids cruelty, of the following, which is the acts that are forbidden?
cruel and unusual punishment, excessive fines, excessive bail.
Upon having been acquitted by a trial in a court having no jurisdiction, a defendant can____________
be prosecuted again in a court having jurisdiction
The defendant in a criminal prosecution for any offense may not waive any rights secured him by law. True or False
No person can be convicted of a felony except upon the verdict of a jury dually rendered and recorded, unless the defendant, upon enter in a plea, has in open court in person waived his right of trial by jury in writting. In no event shall a person be convicted upon his plea without_______
introduction of sufficient evidence showing guilt
Upon conviction of certain offense in a court of competent jurisdiction, a citizen can be outlawed and transported out of the State. True or False
Senators and Representatives shall, except in cases of treason, Felony or breach of peace, be privileged from arrest during session of the legislature and going to and returning from the same allowing one day
for every 20 miles such member may reside from the place at which the legislature is convened.
The proceedings and trials in all courts shall be public. True or False
The defendant, upon trial, shall be confronted by the witnesses, except in certain cases provided for in the Texas Code of Criminal Procedures where
depositions have been taken
The mayor of an incorporated city may sign a search warrant as the magistrate authorizing the search. True or false
It is the duty of every magistrate to preserve the peace by the use of lawful means in
his jurisdiction
Of the following, which is not a peace officer in the State of Texas:
1.Officers commissioned by the State Fire Marshall
2. Officers commissioned but the Texas State Board of Medical Examiners
3. Investigators employed by the Texas Racing Commission
4. Investigators employed by the IRS
5. Security officers and investigators commissioned as peace officers by the comptroller.
4. Investigators employed by the IRS
A railroad peace officer's jurisdiction extends to
offenses involving injury to passengers and employees or damage to railroad property or to protect railroad property in the custody or control of the railroad
A peace officer serving as an Adjunct Police Officer (Art. CCP 2.123) may make and exercise all authority given Peace officers under this code only within the geographical area designed by agreement between the appointing chief of police and the private institution. True or False?
It is the duty of every peace officer to preserve the peace within the officer's jurisdiction and he shall__________
execute all lawful process issued to the officer by any magistrate or court
Any person summoned to assist a peace officer in performing any duty can refuse to obey without consequence. True or False
Texas Code of Criminal Procedure designates a conservator of the peace under Art 2.17. The designee is the _____
Wherever a duty is imposed by this Code upon the Sheriff, the same duty may lawfully be performed by?
his deputy
Upon receipt of a report alleging and immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child, a peace officer from the appropriate local law enforcement agency shall investigate the report jointly with the Department of Protective and Regulatory Services investigator as soon as possible after bing notified and not later than ________
24 hours after being notified
The local law enforcement agency that receives information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information shall notify________
Department of Public Safety and the the person whose identity was falsely used
A peace officer who has custody of property subject to forfeiture as contraband shall provide the attorney representing the state with a sworn statement that contains __________
a schedule of the property seized, an acknowledgement that the officer has seized the property, and a list of the officer's reasons for the seizure
District courts and criminal district courts have original jurisdiction in criminal cases of the grade of _______
The county courts shall have appellate jurisdiction in criminal cases of which justice courts and other inferior courts have
original jurisdiction
A justice of the peace has the ability to take forfeitures of all bonds given for the appearance of any party at his court, regardless of the amount. True or False
Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to the maximum protection from harm or abuse or there threat of harm or abuse as is permitted by law. In any response to allegations of family violence, the responding law enforcement officers shall_______
protect the victim
A peace officer's duty to prevent the commission of criminal offenses, including family violence, can be waived because of a family or household relationship between the potential violator and victim. True or False
A peace officer may stay with a victim of family violence to protect the victim and allow the victim to take personal property of the victim or of a child in the care of the victim to a place of safety in an orderly manner. A peace officer that stays is civilly liable for the wrongful appropriation of any personal property by the victim. True or False
It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to himself or to the person or property of another, including the person or property of his spouse, to prevent the threatened injury, if within his power, and, in order to do this, he may ________
call citizens to his aid
Whenever a number of persons are assembled together in such a manner to constitute a riot, according to the penal law of the State, it is the duty of every magistrate or peace officer to cause such persons to disperse. This may either be done done by commanding them to disperse or by arresting the person engaged, if necessary, either with or without warrant. True or False
A victim of an offense committed under Penal Code 28.08, Graffiti, may request the court to render a protective order against the defendant if the crime offense committed was________
because of bias or prejudice
The suppression of riots apply equally to an unlawful assembly. True or False
A person who is the victim of sexual assault or aggravated sexual assault may file, without regard to the relationship between the applicant and the offender, an application for a _________
protective order
In an order of protection, the court shall specifically describe each prohibited location and the minimum distance for the location, if any, that the alleged offender must maintain. True or False
A protective order issued by a court can be waived by the applicant and allow the alleged offender to ignore restrictions imposed by the order. True or False
Felony indictments have no limitation on when they are presented for _________________
Murder, hit and run accidents resulting in death of a person, and sexual assaults with unidentified DNA collected.
The time limitations of presentation of aggravated offenses, criminal attempt, conspiracy, solicitation, or organized criminal activity is five years longer that the established time limitations of the crimes due to the complexity of the investigation. True or False
A peace officer may arrest for any offense committed in his presence or within his view. True or False
A peace officer may arrest, without a warrant, when a felony or breach of peace has been committed in the presence or within the view of a magistrate, and such magistrate _____________
verbally orders the arrest
A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed______________
a violation of a protective order in the presents of the officer
A peace officer may arrest, without warrant, for disorderly conduct and related offenses and intoxication and alcoholic beverage offenses when he is outside of his jurisdiction. A peace officer making an arrest under this provision shall ____________
notify the law enforcement agency having jurisdiction where the arrest was made
If a peace officer makes an arrest without warrant outside of his jurisdiction for an offense in which such arrest is justified, the law enforcement agency having jurisdiction shall take custody of the person committing the offense and ___________
takes the person before a magisrate
Where it is shown by satisfactory proof to a peace officer, upon representation of a credible person, that a felony has been committed and this is no time to procure a warrant, such peace officer may______
A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for a felony may continue the pursuit into this state and arrest the person. True or False
A peace officer who is charging a person, including a child, with an offense that is a class C misdemeanor, other than an offense of Public Intoxication, may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate. True or False
The Code of Criminal Procedure indicates the requisites of an arrest warrant must be issued in the name of__________
The State of Texas
When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in _____________
another county without an endorsement from the appropriate court
A complaint charging a person with the commission of a crime that complies with Code of Criminal Procedure Art. 15.05, Requisites of a Complaint, may be telegraphed, as provided in Art 15.08 to any magistrate in the State and the magistrate who receives the same shall___________________
forthwith issue a warrant for the arrest of the accused.
The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrested. if the issuing or named magistrate is in another county the person arrested shall without unnecessary delay be taken___________
before some magistrate in the county which he was arrested
The officer or person executing the arrest warrant may as permitted by that article take the person before a magistrate without unnecessary delay. The person arrested may be taken in person or ________________________
the image of the person may be presented to the magistrate by means of electronic broadcast system
In the case of a person arrested under a warrant for out of the county offense punishable by a fine only the magistrate shall
1. accept a written plea of guilt or nolo contedere
2.determine costs, set a fine, or give credit for time served
3.Determine indigence
4.Take bail, if allowed by law, accept payment of the fine and costs or on satisfaction of a judgement, discharge the defendant
In the case of a person arrested under a warrant for an out of county offense and the accused is remanded by the magistrate for refusing or failing to give bail, the magistrate committing him shall immediately notify the sheriff of the county in which the offense is alleged to have been committed of the arrest and commitment. The sheriff receiving the notice shall____________
go or send for the prisoner and have him brought before the proper court
In the case of a person arrested under warrant for an out county offense and the accused is remanded by the magistrate for refusing or failing to give bail, the magistrate committing him shall immediately notify the sheriff of the county in which the offenses alleged to have been committed of the arrest and commitment. If proper office of the county where the offense is alleged to have been committed does not demand the prisoner and take charge of him within 10 days from the day he is committed, such prisoner shall be______________
discharged from custody
An arrest may be made_____________ (during what time)
on any day or at any time of the day or night
In making an arrest, all reasonable means are permitted to be used to effect the arrest. The standard of the amount of force permitted is______________
No force greater shall be resorted to than is necessary to secure the arrest and detention of the accused
In executing a warrant of arrest, it shall always be made known to the accused under what authority the arrest is made. The warrant shall be executed by the arrest of the defendant. The officer ________________
need not have the warrant, but upon request, the defendant shall be shown the warrant as soon as possible
A law enforcement agency that arrests a person or refers a child to the office or official designated by the juvenile boards who the agency believes is enrolled as a student in a public primary or secondary school for any of the designated offenses requiring such notification, shall attempt to ascertain whether the person is so enrolled. If the law enforcement agency ascertains that the individual is enrolled as a student in a public primary or secondary school, the agency shall make the appropriate immediate notification and within seven days, make written notification marked___________________
PERSONAL AND CONFIDENTIAL on the mailing envelope
No search warrant shall be issued for any purpose in this state unless sufficient facts are first presented to satisfy the issuing magistrate that _________________
probable cause exists for its issuance
Code of Criminal Procedure, Art. 18.02, sub vision (10), lists a type of warrant commonly referred to as an evidentiary search warrant. An evidentiary search warrant states that a search may be conducted for properly or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense. a subsequent search warrant may be issued only if ______________
a judge of a district court, a court of appeals, the court of criminal appeals, or the supreme court issue the subsequent search warrant.
A search warrant to photograph a child may not be issued unless the sworn affidavit required sets forth sufficient facts to establish that a specific offense has been committed, that a specifically described person has been the victim of the offense, that evidence of the offense or evidence that a particular person committed the offense can be detected by photographic means and______________________
that the person to be search for and photographed is located at the particular place to be searched.
A search warrant may be issued to search for and seize?
1. property acquired by theft
2. property specially designed, made or adapted for the commission of an offense.
3. arms and munitions kept for the purpose of an insurrection
4. gambling devices or equipment
A search warrant issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a child, sexual assault of a child or aggravated sexual assault of a child shall be executed by ___________
a peace officer of the same sex as the victim
A search warrant issued under the Code of Criminal Procedures shall be sufficient if it contains the requisites: (1) that it run in the name of "The State of Texas"; (2) that it identify, as near as may be, that which is to be seized; (3) that it command any peace officer of the proper county to search forthwith the person, place or thing named; (4) that it be dated and signed by a magistrate; and ___________
Name or describe, as near as may be, the person, place or thing to be searched
The fire marshal, health officer or code enforcement official of the state or any county, city or other political subdivision who wish to conduct an inspection of any specified premises to determine the presence of a fire or health hazard or unsafe building condition may _______________
obtain a search warrant
A peace officer to whom a search warrant is delivers shall execute it without delay and forthwith return it to the proper magistrate. the time allowed for the execution of a search warrant shall be ________________
three whole days, exclusive the day of its issuance and the day of its execution.
In the execution of a search warrant, when the officer has found the property which he was directed to search for and seize, he shall take possession of it and__________________
carry it before the magistrate
Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which it has been executed and shall deliver it to the magistrate. The officer shall also deliver a copy of ________________
inventory of the property taken into the officer's possession
A person who is arrested for a misdemeanor or felony and who during the commission of that offense or an arrest following the commission of that offense causes a peace officer to come into contact with the person's bodily fluid shall_________________________
a the direction of the court, undergo medical procedure to show whether the arrested person has a communicable disease
The requisites of a complaint are enumerated in the Code of Criminal Procedure as follows, (1) It must state the name of the accused, if known and if not known, must give some reasonable definite description of him; (2) It must show that the accused has committed some offense against the laws of the State; (3) It must state the time and place of the commission of the offense; and (4) it must______________________
be signed
Information is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense, which may by law be so prosecuted. True or False
A writ issued by the court or clerk, and directed to any peace officer of the State of Texas, commanding him to arrest a person accused of an offense and bring him before that court immediately, or on a day or a term stated in the writ, is called a
The person named in the subpoena to summon the person whose appearance is sought must be:
1. A peace officer
2. A person at least 18 yrs old and , at the time the subpoena is issued, not a participant in the proceedings for which the appearance is sought
If a witness has in his possession an instrument of writing or other thing desired as evidence, the court may specify such evidence and direct that the witness bring the same with him and produce it in court. The court summons for the witness and evidence is a ___________________.
Subpoena duces tecum
If a witness refuses to obey a subpoena, he may be fined at the discretion of the court. The fine for a felony case may not exceed five hundred dollars. In a misdemeanor case the fine may not exceed ___________.
The officer receiving a subpoena shall execute the same by delivering a copy to each witness therein named. The officer shall make due return of the subpoena, showing the time and manner of execution of the subpoena. If the subpoena is not executed, the officer should_____________________
show why not and diligence used to locate the witness.
Except when an attorney representing the state files an application requesting the magistrate postpone a persons release on bond, a person who is arrested without a warrant for a felony and who is detained in jail must be released on bond in an amount not to exceed $10,000 and not later than the_________________________
48th hour after the person's arrest
Incases of felony, when the accused is in custody of the sheriff or other peace officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond. If the bail amount has been fixed by the court, who is authorized to take the bail bond of the accused?
The Sheriff or other peace officer, except city police.
Before releasing on bail a person arressted for stalking or a person arrested or held without warrant in the prevention of family violence the law enforcement agency holding the person shall_____________
make a reasonable attempt to notify the victim of the imminent release.
At a defendant's appearance before a magistrate after arrest for an offense involving family violence or stalking, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of:
1. the victim of the offense
2. the guardian of the victim
3. a peace officer
4. the attorney representing the state
In the order for emergency protection, it shall specifically describe the prohibited locations and minimum distances, if any, that the party must maintain. These locations and distances are determined by who?
the magistrate
The magistrate issuing an order for emergency protection shall send a copy of the order to the chief of police in the municipality where the member of the family or household or individual protected by the order resides, if the person resides in a municipality, or to the sheriff of the county where the person resides, if the person does not reside in a muncipality. If the victim of the offense is not present when the order is issued, the magistrate issuing the orer shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by_________
calling the victim's residence and place of employement
The office of the attorney representing the state, and the sheriff, police, or other law enforcement agencies shall ensure to the extent practicable that a victimi, or close relative of a deceased victim is afforded the rights granted by the Code of Criminal Procedure, Crime Victim's Rights, and on request, an explanation of those rights. True or False
A law enforcement agency that is notified of a death requiring an inquest shall begin it's investigation immedialtely or as soon as practicable. A peace officer or other person conducting a death investigation for a law enforcement agency in a county that does not have a medical examiner's office or is not part of a medical examiner's district, may not move the body or any of the physical surroundings of the place of death without authorization from ________________
a justice of the peace
A person commits a Class B misdemeanor if the person intentionally or knowingly hinders the entrance of the justice of the peace to a premise where a death occurred or a body is found. True or False
If the justice of the peace who serves the precinct in which a body or a body part was found is not available to conduct an inquest, a person required to give notice shall notify_____________
a nearest justice of the peace serving the county
If a person confined in a penal institution dies, the sheriff or other person in charge of the penal institution shall as soon as practicable infrom the justice of the peace of the precinct where the penal insitituion is located of the death. True or False
A justice of the peace who is conducting an inquest of a death may issue a warrant for the arrest of a person suspected of causing the death if the justice has knowledge the person caused the death of the deceased, or the justice receives an affidavit stating that the person caused the death, or evidence adduced at an inquest hearing shows probable cause to believe the person caused the death. The peace officer who receives an arrest warrant issued by a justice of the peace shall _____________
1. Execute the warrant without delay.
2. Detain the person arrested until the justice of the peace or other proper authority orders the discharge.
A sex offender required to register and fails to comply with any requirement of the Code of Criminal Procedure commits an offense. True or False
The general purposes of the Penal Code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individuals or public interests for which state protection is appropriated. To this end, the provisions of the Penal Code are intended, and shall be construed, to achieve which of the following objectives:
1. by definition and grading of offenses to give fair warning of what is prohibited and the consequences of violation.
2. to safeguard conduct that is without guilt from condemnation as criminal.
3. to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons, suspectd, accused, or convicted of offenses.
4. to insure public safety through the deterrent of the penalties, the rehabilitation of those convicted of violations of the code, and punishment as may be necessary to prevent likely recurrence of criminal behavior.
The state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if either conduct or a result of the conduct is an element of the offense occurrs inside this state; or the conduct outside of this state constitutes an attempt to commit an offense inside this state. True or False
Bodily injury is defined in the Penal Code as:
physical pain, illness, or any impairment of physical condition.
A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its intended use is capable of causing death or serious bodily injury is the Penal Code defintion of:
Deadly Weapon
Misdemeanor means an offense so designated by law or punishable by _________________
fine, confinment in jail, or both fine and confinement in jail
The Penal Code definition of possesion means any inderect or vague connection indicating possible care, control or management. True or False
The Penal Code definition of death has been expanded to include __________________
for an individual who is an unborn child, the failure to be born alive
In a criminal episode as defined by the Penal Code requires the commission of __________
Two or more offenses
In determinind culpable mental states, a person commits and offense only if he voluntarily engages in conduct, including an act, an omission, or possesion is not fundamental requirement. True or False
A person is criminally responsible for the conduct of another is acting with the kind of culpability required for the offense, he causes or aids an innocent or non responsible person to engage in conduct prohibited by the defitnition of the offense; or acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or _____________________
The person has a legal duty to prevent the commision of the offense and acting with intent to promote or assist its commission, he fails to make reasonable effort to prevent the commision of the offense.
Offenses in the Penal Code are designated as
Felonies or midemeanors
The classsified categories of misdemeanors are:
Class A, B, C misdemeanors
Felonies are classified according to the relative seriouness of the offense into ____________
Five categories
An offense designated as a felony in the Penal Code without specification as to category is a state jail misdemeanor. True of False
False- Trick question
An individual found guilty of an offense punisable by a fine not to exceed $2,000; confinement in jail for a term not to exceed 180 days; or both fine and confinment; has been adjudged guilty of _____________
a class B misdemeanor
An Individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty is punishable by imprisonment in the instituationnal division for life with opportunity for parole after 66 years. True or False
An individual found guilty of an offense punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years and in addition to imprisonment, an individual may be punisable by a fine not to exceed $10,000. This individual has been adjudged guilty of ________
a first degree felony
For any conviction not obtained from a prosecution under the Penal Code, the classification of the offense shall be a felony of the third degree if imprisonment in a penitentiary is affixed to the offense as a possible punishment. If the offense is not a felony and confinment in a jail is affixed to the offnse as a possible punishment, the classification of the offense will be:
Class B Misdemeanor
The Penal Code has penalties for repeat offenders. If it is shown on the trial of a felony offense, other that a state jail felon, that the defendant has previously been finally convicted of two felony offense, and the second previous felony conviction is for an offense that occurred subsquent to the previous conviction having become final, on conviction he shall be punished by imprisonment in the instituational division of the the Texas Department of Criminal Justice for _______________
Life, or for a term of not more than 99 years or less that 25 years
The Penal Code has penalties for repeat and habitual misdemeanor offenders. If it is shown on the trail of a class B misdemeanor that the defendant has once before been convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished for a _______________
A fine not to exceed $2,000; confinment in jail for any term of not more that 180 days or less thatn 30 days; or both such fine and confinment.
A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if, after considering the gravity and circumstancess of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice. True or False
A person commits an offense if, with intent that a felony be committed, he agrees with one or more that they or one or more of them engage in conduct that would constitute the offense and he or one more of them performs an overt act in pursuance of the agreement. Which inchoate offense has been committed?
Criminal Conspiracy
A person commits an offense if, with the intent that an offense listed by Code of Criminal Procedure 42.12, Sect. 3g(a)(1) Murder, Capital Murder, Indecency with a child, Aggravated kidnapping, Aggravated sexual assault, Aggravated Robery, violation of the Health and Saftey Code, Sects 481.140 & 481.134 (Use of a child in the commission of the Health and Safety Code offense or an offense committed in drug free zones), be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that under the curcumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense listed above or make the minor a party to the commission of an offense listed above. what inchoate offense has been committed?
Criminal Solicitation of a minor
A person commits an offense if he possesses a criminal instrument with intent to use it in the commission of an offense or with knowledge of its character and with intent to use or aid or permit another to use in the commission of an offense, he manufactures, adapts, sells,installs, or sets up a criminal instrument. True of False
A person commits an offens if the person intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication. The offense charged would be?
unlawful interception, use, or diclosure of wire, oral or electronic communications
If a person intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual, he has committed?
criminal homicide
If a person commits murder in the course of committing aggravated sexual assault, the offense is?
Capital murder
To restrict a person's movements without consent, so as to interfere substantially witht the person's liberty, by moving the person from one place to another or by confining the person is the defintion of _________
A person commits the offense of Unlawful Restraint if he intentionally or knowingly restrains another person. It is affirmative defense to prosecution that the person restrained was a child younger that 14 years of age and __________________________
the acto was a relative of the childe and the sole intent was to assume lawful control
A person commits Kidnapping if he recklessly or with criminal negligence abducts another person. True or False
The offense fo Trafficking of Persons is committed when a person knowingly traffics another person with the intent that the trafficked person engage in forced labor or conduct that constitutes an offense under Penal Code Chapter 43. Penal Code Chapter 43 is titled what?
Sexual contact means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. True or False
Penal Code, 21.06, Homosexual Condut states a person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex. This offense ___________
was declared unconstitutional
A woman who has raised her shirt and exposed her bare breasts in moving traffic and was reckless as to wether another person would be offended or alarmed by this act, has committed?
no offense
A traffic violator who in a fit of anger has repeatedly jabbed his finger in the chest of a peace officer, telling him he should be catching real criminals has committed a _____________
Class C midemeanor
A clergyman who casuses another person to submit or participate in a sexual act (causing the penetration of the anus or sexual organ of another by any means) by exploting the other person's emotional dependencey on the clergyman's professional character as spritual adviser has committed what offense?
Sexual Assault
Investigation of an assault determines a person pulled out a pistol and threatened to shoot the other person. The actor has committed whot offense?
Aggravated Assault
A person commits an offense if the person intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means, without the consent and administers or provides flunitrazepam (rohypnal) to the victim of the offense with intent of facilitating the commission of the offense. What is the offense committed?
Aggravated Sexual Assault
The offense of Injury to an Elderly Person requires the elderly individual to be what age?
65 years or older
A person commits an offense if, having custody, care or control of a child younger that 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. If the person leaves the child at a hospital (designated emergency infant care provider), this is _________
exception to application of the offense
The investigattion of a drive by shooting reveals the passenger of a vehicle being detained by another officer discharged a firearm into the complainant's residence. The weapon has been seized from the passenger and it is a 9mm pistol. The passenger was identified by witnesses to the offense as the person who shot into the complainant's residence. The is arrested without warrant for what offense?
Deadly Conduct
Intentionally or knowingly leaving a child in a vehicle is an offense if the child is younger than seven years of age. If the parent leaves an older sibling in the vehicle with the child younger than seven, how old must the older sibling be to negate this offense?
14 years of age or older
Investigation of a family fight descerns that the man of the house has been having consensual sexual relations with his former step daughter. She is 21 years of age and has been living with her former step father and his new wife. The wife wasnts charges filed. Your investigation should focus on what offense?
Prohibited Sexual Conduct
The habitual runaway has been located by the complaining parent at a neighbors residence. The child has been gone for five days and has missed school. The resident refuses to allow entry or access to the child. You arrive and begin negotiating the retrieval of the child by informing the resident of the possible criminal charges of Harboring a Runaway. To impress the resident as to the seriousness of the offense, you inform her that the punishment is ___________________________
a fine not to exceed $4,000; confinment in jail for any term of not more than one year; or both fine and confinement
In the Hmong community on your beat, the immigrant residents are not familar with American laws. A father has sold his 14 year old daughter into marriage for $2,000. This is a common practice in his homeland. The actions of the father constitute the elements of the offense Sale or Purchase of a Child. True or False
A neighborhood disturbance call reveals a man's dog was shot in his own front yard by his neighbor in retaliation for his dog mauling the neighbor's cat. The cat came into the yard where the dog was restrained by a fense. The dog attacked, killing the cat. The cat owner, infuriated by the killing, retrieved a pistol and entered the neighbor's yard and shoots the dog in the head. The animal was a champion show dog worth $1,400. With the complainant wishing to file charges, you arrest the cat owner for the highest offense of _________________
Cruelty to Animals
You have been investigating gang graffiti that has been showing up in many locations on your beat. Many residents made reports wishing to file charges once the offenders are identified. The graffiti is all by the same two taggers who are apprehended in the act of another vandalism. You estimate the total damage losses exceed $3,000. Individually, each incident represents losses of less than $50. You present your case for prosecution as an _____________
Aggregated offense
In the mall, a closed jewelry store had a small display window glass shattered and the three watches were taken. Fingerprints were obtained from the watch display cases. An off duty officer caught the individual responsible as he was through the mall with the watches in his hand. The watches are valued at $149.00 each. The window glass will cost $120. to repair. You ask the off duty officer to right a booking report charging the suspect with what offense?
Penal Code, 30.04 Burglary of a Vehicle stated a person commits an offense if, without the comsent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft. The chapter also has an enhanced penalty for enty into what type of vehicle?
Rail cars
Penal Code, 31.01, Theft occurs when a person unlawfully appropriates property with the intent to deprive the owner fo the property. Deprive means?
1. To withhold property from the owner permanently or for so extended a period of time that a major protion fo the value or enjoyment of the property is lost to the owen.
2. To restore property only upon payment of reward or other compensation
3.To dispose of proeprty in a manner that makes recovery of the property by the owner unlikely
Theft is a felony of the fist degree if the value of the property stolen is?
$200,000 or more
The patron who walks his meal ticket commits what offense?
Theft of Services
The theft of a go cart valued at $750 can be presented for prosecution under several offense. The highest offense would be?
Unauthorized use of a Vehicle
When the amounts involved in a fraud are obtained in violation of the Fraud chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as on offense and the amounts can be aggregated in determining the grade of the offense. True or False
In penal Code section 32.21, Forgery, forge means to alter, make,complete, execute, or authenticate any writing so that it purports to be the act of another who did not authorize that act or to be a copy of an origianl when no such original existed. True or False
The offense of Forgery is a state jail felony if the writing is or purports to be a will, codicill, deed, deed of trust, mortage, security nvestment, credit card, check, authorization to debit, an account at a financial institution, or simular sight order for payment of money, contract, release, or toher commercial instrument. If the writing purports to be part of an issue of money, securities, postage or revenue stamps, goverment record or other instruments issued by a state or national governement, the offense is a ___________ (penalty)
Third degree felony
A person commits an offense of Trademark Counterfeiting if the person intentionally manufactures, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute a counterfiet mark or item of service that ________________ or ____________
bears or is identified by a counterfeit mark or the person knows or should have known it bears or is identified by a counterfeit mark
If a person buys a credit card or debit card from a person he knows is not the issuer, the offense is?
Credit Card and Debit Card Abuse
A bank reports that a loan was made to an invdividual for the purchase of a a new farm tractor valued at $120,000 and has defaulted on the loan. Through ther own investigation, they have learned the debtor has sold the vehicle ans used the procees as a sown payment on a new residence. The purchaser had refused to divulge the location of the tractor. Your investigation should focus on proving the elements of the highest offens. What is that offense?
Hindering Secured Creditors
A traveler reports that he stopped to fill his empty vehicle with gasoline at a local filing station. The vehicle has a capacity of 21 gallons and when the pump shut off, he notice the volume charges to his credit card was for 29 gallons. The complainant feels the weight or measure of gasoline at the pump has been rigged. What is the highest offense?
Deceptive Business Practice
A person commits an offense of Simulating Legal Process if the person recklessly casuses to be delivered to another any document that simulates a summons, complaint, judgement, or other court process with the intent to induce payment of a claim from another person or causes another to take any action or refrain from taking action in response to the docutment. What is the punishment for a first offense?
Class A Misdemeanor
A person who has knowningly accessed a computer, computer network, or compurter system without the effective consent of the owner is commiting what offense?
Breach of Computer Security
A person commits an offens if the person, over the internet of by electronic mail or commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person. These elements constitute what offense?
Onlonie Solicitation of a Minor
As a law enforcement officer, you have been attempting to arrest a subject on a felony warrant after he has jumped bail. You have heard that his mother is concealing him in her residence. Your infromation indicates she has fashioned a false floor in her closet that leads to an area in which her son hides when law enforcement has come to her house looking for the wanted felon. You receive consent to search and locate the subject under the false floor in her closet. You may arrest the felon's mother for what offense?
Hindering Apprehension
The county Commissioners are meeting to decide on a controversial ordinance. At previous commissioner meetings on the ordinance a local resident has used an air horn to disrupt the meeting and refused to desist upon request of the county judge. You have been asked to monitor this meeting and make an arrest to eliminate the disruptions. In anticipation of disruptive conduct by this individual, you have researched the Penal Code and found Hindering Proceedings by Disorderly Conduct to the be the most appropriate and serious offense. This charge carries what penalty class?
Class A misdemeanor
During a violent arrest, the suspect attempted to remove your stun gun from your uniform duty belt. What crime has the suspect committed?
Attempting to Take Weapon from Peace Officer
A person commits an offense of Interference with Public Duties if the person with criminal negligence interrupts, impedes, or otherwise interferes with
1. A peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law
2. A person who is employed to provide emergency medical services including the transportation of ill or injured persons
3. A fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire
4. The transmission of a communication over a citizen's band radio channel, the purpose of which communication is to inform or inquire about an emergency
A public servant acting under color of his officer or employment commits an offense of Official Oppression if he
1. Intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment or leon that he knows is unlawful
2. Intentionally denies or impede another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful
3. Intentionally subjects another to sexual harassment
Apprehended by school officials and documented on video, the male janitor for the high school was found looking into the women's locker room shower through a small peep hole he had bored through the wall separating the boiler room and shower facility. The janitor should be _____________
arrested and charged with Disorderly Conduct
A riot requires conduct, requires conduct, which creates an immediate danger to property or injury to persons; substantially obstructs law enforcement or other governmental functions or services; or by force, or threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right. The minimum number of persons assembled must be _______
You and several other officers have been dispatched to disturbance at the municipal zoo. The twelve representatives of People for the Ethical Treatment of Animals (PETA) are blocking access to the zoo gate entrance in a non violent protest of the municipality's actions of caging wild animals for public display. The PETA representatives are not from Texas and are not familiar with the State laws. You should make a reasonable request that the group cease their activities or risk arrest for what offense?
Obstructing Highway or Passageway
Dispatch has notified you that a caller continues to call the public safetly answering point (PSAP) main number for Sheriff's officer and the caller remains silent. When they disconnect the call, the caller calls back and again is silent. The has occurred 15 times. Caller ID has identified the telephone subscriber and dispatch has cross referenced an address for you to investigate. The correct Penal Code violation for intentional conduct of this nature would be?
Silent or Abusive Calls to 911 Service
A person who attends a dogfight as a mere spectator has not committed an offense. True or False
A person commits the offense of Discharge of a Firearm in Certain Municipalities if he recklessly discharges a firearm inside the corporate limits of a municipality having what population?
100,000 or more
A person commits an offense if the person knowingly directs a light from a laser pointer at a educator, principal, or referee of a sports activity of a public primary or secondary school. True or False
An offense under Prostitution is a Class B misdemeanor, unless the actor has been previously convicted one or two times of an offense under this section, in which event it is a Class A misdemeanor. True or False
A person commits an offense or Promotion of Prostitution if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly
1. receives money or other property pursuant to an agreement to participate in the proceeds of prostitution
2. solicits another to engage in sexual conduct with another person for compensation.
Under Penal Code 43.21, Obscenity definitions, Patently Offensive is defined as?
so offensive on its face as to affront current community standards of decency
If a person knowingly or intentionally possesses visual material that depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct and the person know that the material depicts the child younger that 18 years of age commits which offense?
Possession or Promotion of Child Pornography
A person may carry a concealed handgun in a private motor vehicle as long as the person is not prohibited by law from possessing a firearm, is not engaging in any criminal activity other that Class C traffic offense and is not a member of a criminal street gang as defined in Penal Code ch71, Organized Crime. True or False
You have been informed that the bartender at the sports bar is running a football pot where participants are contributing money to the pot in which their name is placed on one opening, per bet, of a grid showing all possible final score combinations. The person who has their name in the square on the grid with the final outcome scores wins the entire pot of money. The bartender receives no economic benefit from his endeavor. The bartender is committing a Class A misdemeanor under what offense?
Gambling Promotion
You have stopped an intoxicated driver, The passenger of the vehicles are the driver's children. To charge the driver with the enhanced offense of Driving While Intoxicated with Child Passenger at least one passenger must be younger than _____
15 years of age
Criminal Street Gang as defined by Penal Code ch71.01, Organized crime requires_______________
Three or more persons who continuously or regularly associate in the commission of criminal activities.
Soliciting Membership in a Criminal Street Gang is punishable by what offense class?
Third degree felony
Transportation Code 541.201, defines a light truck as a truck, including a pickup truck, panel delivery truck, or carryall truck, that has a manufacturer's rated capacity of __________
2000 pounds or less
According to the Transportation Code, a moped cannot attain a speed in one mile of more than 30 miles per hour. True or False
According to the Transportation Code, a motor driven cycle is equipped with a motor that has an engine displacement of 250 cubic centimeters or less. True or False
According to the Transportation Code, a passenger car means a motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate 10 or fewer passengers, including the operator. True or False
According to the Transportation Code, the difference between a road truck and a truck tractor is the truck tractor is designed and primarily used to draw another vehicle and constructed to carry a part of the weight of the drawn vehicle and the road tractor is used to draw another vehicle but not constructed to carry a load independently or a part of the weight of the other vehicle or its load. True or False
The Transportation Code defines a semitrailer as a vehicle with or without motive power, other that a pole trailer, that is designed to be drawn by a motor vehicle and to transport persons or property and constructed so that part of the vehicle's weight and load rests on or is carried by another vehicle. This trailer will be drawn by which vehicle?
Truck Tractor
As defined by the Transportation Code, a police officer means an officer authorized to _____________________________
Direct traffic or arrest persons who violate traffic regulations
The common area at the junction of a highway and an alley is considered an intersection. True or False
An electric traffic light that has red, yellow, and green lights that alternately directs traffic to stop and to proceed is a______________
traffic control signal
The speed limit on Texas highways sometimes have a daytime speed limit and a nighttime speed limit. Daytime means the period beginning_______________________
One half hour before sunrise and one half hour after sunset.
What persons is exempted from the requirement of holding a driver's license?
1. Farmer Jones driving his farm tractor on a highway from one crop filed to another
2. Lance Corporal Brown operating o Marine Humvee from the recruiter station to his apartment
3. A person while on active duty in the armed forces of the Untied States who holds a license issued by the person's state or Canadian province of residence
The Texas Department of Public Safety may not issue any driver's license to a person younger than____________
15 years of age
During the six month period following the issuance of an original Class A, B or C driver's license to a person under the are of 18 years of age, the person may not operate a motor vehicle
1. After midnight and before 5 a.m.
2. With more that one passenger in the vehicle under 21 years of age who is not a family member
3. While using a wireless communication device
A restricted Class M License issued by the Texas Department of Public Safety authorizes the holder to operate ________________
A motorcycle that has not more than 250 cubic centimeter piston displacement
A Moped license issues by the Texas Department of Public Safety authorizes the holder to operate ____________________
A motor driven cycle that cannot produce more that two brake horse power
A person required to hold a license shall have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated and display the license on demand of a magistrate, court officer, or peace officer. A first offense under this subsection is punishable by a fine not to exceed ________
A person may not place or maintain a flashing light or flashing electric sign within 1,000 feet of an intersection except under a permit issued by the ______________
Texas Transportation Commission
You are assigned to investigate an accident at an intersection controlled by a traffic signal displaying different colored lights. The intersecting streets have two lanes of traffic and are both two way streets. The driver of unit #1 was southbound in the intersection, yielding to oncoming traffic and waiting to make a left turn.The light turned red while Unit #1 was still in the intersection and was struck by Unit #2 in the intersection. Unit#2 had a green light displayed for westbound traffic. Unit #2 is the violator for Failure to Yield Right of Way to Unit #1. True or False
The operator of a vehicle approaching an intersection with a stop sign shall stop before entering the crosswalk or the near side of the intersection. In the absence of a crosswalk, the operator shall stop at a clearly marked stop line. In the absence of a clearly marked stop line, the operator shall stop____________
A the place nearest the intersecting roadway where the operator has view of approaching traffic
An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless
1. the operator is passing another vehicle
2. an obstruction necessitated moving the vehicle left of the center of the roadway and the operator yield the right of way to a vehicle that is moving in the proper direction on the unobstructed portion of the roadway and is an immediate hazard
3. the operator is on a roadway restricted to one way traffic.
4. the operator is on a roadway divided into three marked lanes for traffic.
If a roadway is divided into three lanes and provides for two way movement of traffic, an operator on the roadway may not drive in the center lane except
1. If passing another vehicle and the center lance of traffic within a safe distance.
2. In preparing to make a left turn
3. Where the center lane is designated by an official traffic control device for movement in the direction in which the operator is moving
Without regard to the center of the roadway, an official traffic control device may be erected directing slow moving traffic to use a designed lane or designated lanes to be used by traffic moving in a a particular direction. True of False?
An operator may not stop, stand, or park a vehicle.
1. On a sidewalk
2. In an intersection
3. On a crosswalk
4. Where an official sign prohibits stopping
A speed in excess of 30 miles per hour in an urban district on a street other than an alley is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful. True or False?
A person commits Reckless Driving if the person drives a vehicle in a willful or wanton disregard for the safety of persons or property. Reckless driving is punishable by a fine not to exceed $200.00, confinement in county jail for not more than 30 days or both the fine and the confinement. True or False
A person commits an offense if the person operates a passenger vehicle, transports a child and does not keep the child secured during operation of the vehicle in a child passenger seat system. This requirement applies to children.
Seven years or younger and less than 56 inches
A motor vehicle shall be equipped with a horn in good working condition that emits a sound audible under normal conditions at a distance of a t lead 200 feet. True or False?
According to the Texas Alcoholic Beverage Code, a minor means a person 21 years of age or younger. True or False
According to the Texas Alcoholic Beverage Code, all peace officers in the state, including those of cities, counties, and state ____________________
Shall enforce the provisions of the code
Under authority of the Texas Alcoholic Beverage Code, a peace officer may seize without a warrant
1. Any illicit beverage, it's container, and it's packaging
2. Any vehicle, including aircraft or watercraft, used to transport an illicit beverage
3. Any equipment designed for use in or used in manufacturing an illicit beverage.
4.Any material to be used in manufacturing an illicit beverage
A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a_______________
commissioned peace officer engaged in enforcement
A person commits a Class A misdemeanor if with criminal negligence_________________
Sells alcoholic beverage to a minor
Assume you are a peace officer assigned to a city police department in a city with a population of 125,000 persons according to the 2000 cents the city has not adopted by ordinance the extended hours of operation for mixed beverage licenses. The permittee may sell mixed beverages on Friday until when?
12:00 Midnight
Assume you are a peace officer assigned to a city police department in a city with a population of 125,000 persons according to the 2000 census the city has not adopted by ordinance the extended hours of operation for mixed beverage licenses. The permittee may sell beer on Saturday night until when?
1:00 am Sunday
"Counterfeit Substance" means a controlled substance that, without authorization, bears or is in a container or has a label that bears an actual or simulated trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the person who intact manufactured, distributed, or dispensed the substance. True or False?
According to the Texas Controlled Substance Act, marijuana means the plant Cannabis sativa L, whether grown or not. The term includes the seeds of the plant that are incapable of germination. True or False?
A narcotic drug is different form other drugs in that it is produced directly or indirectly by extraction from substances of vegetable origin, indecently by means of chemical synthesis, or by a combination of extraction and chemical synthesis or is a salt, compound, isomer, derivative, or preparation of salt, compound, isomer, or derivative that is the chemical equivalent, other than the isoquinoline alkaloids of opium. True or False?
Possession of marijuana of an amount of 4 ounces or less that 2 ounces is a ___________(offense class)
Class A misdemeanor
The possession of a marijuana smoking pipe, which has been used to smoke marijuana is___________ (offense class)
Class C misdemeanor
A person commits an offense of Forgery or Altering a Prescription if the person
1. Forges a prescription or increases the prescribed quantity of a dangerous drug
2. Issues a prescription bearing a forged or fictitious or fraudulent telephone call
3. Attempts to obtain a dangerous drug by mean of a fictitious or fraudulent telephone call.
A person commits an offense if the person inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply, or use the chemical in a manner contrary to directions for use, cautions, or warnings appearing on a label of a container of the chemical design to affect the person's central nervous system,; create or induce a condition of intoxication, hallucination, or elation; or change, distort, or disturb a person's eyesight, thinking process, balance or coordination. What is the class of this offense
Class B Misdemeanor
"Inhalant paraphernalia" means equipment or materials of any kind that are intended for use in inhaling, ingesting, or otherwise introducing into the human body an abusable volatile chemical. The term includes a tube, balloon, bag, fabric, bottle, or other container used to concentrate or hold in suspension an abusable volatile chemical or vapors of the chemical. Possession of inhalation paraphernalia is what offense class?
Class B Misdemeanor
According to the Family Code child mean a person who is (A) 10 years of age or older and under 17 years of age; or ______________________
17 years of age or older and under 18 years of age is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age.
According to the Family Code, a "nonofender" means a child who is subject to jurisdiction of a court under abuse, or neglect statues under Title 5 for reasons other than legally prohibited conduct of the child or the child has been taken into custody and is being held solely for deportation out of the United States. True or False
"Status Offender" in the Family Code means a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult, including
1. Truancy
2. Runaway
3.Violation of juvenile curfew
4. Violation of provision of Alcohol Beverage Code applicable to minors only
According to the Family Code, habitual felony conduct is t conduct violating a penal law of the grade felon, other that a state jail felony, if _________________
The child who engaged in the conduct has at least two previous final adjudications as having engaged in delinquent conduct violating a penal law of the grade felony and the second previous final conviction is for conduct that occurred after the date the first previous adjudication became final and all appeals relating to the previous adjudication have been exhausted.
An electronic recording of a child's statement mode under Family code 51.095, Admissibility of a Statement of a Child, shall be preserved until _______________
All juvenile or criminal matters related to any conduct referred to in the statement are final.
A child may be detained in a juvenile processing office. A child may not be detained in a a juvenile processing officer for longer than ___
6 hour
A child my be left unattended in a juvenile processing officer and is not entitled to be accompanied by the child's parent, guardian, or other custodian. True or False
A law enforcement officer may take temporary custody of a child to take the child's fingerprints if
1. The officer has probable cause to believe theta the child has engaged in delinquent conduct
2. The officer has investigated that conduct and has found other fingerprints during the investigation
3. The officer has probable cause to believe that the child's fingerprints will match the other fingerprints
On the request of a law enforcement or probation office , a juvenile court may issue a directive to apprehend a child if the court finds there is probable cause to take the child into custody under the provisions of this title. On the issuance of a directive to apprehend, any law enforcement or probation officer____________________
Shall take the child into custody. An order under this provision is not subject to appeal
A parent of a child has the following rights and duties
1. The right to have physical possession, to direct the moral and religious training, and to designate the residence of the child.
2. The duty of car, protection, and reasonable discipline of the child
3. The right to consent to the child's marriage, enlistment in the armed forces of the Unites States, medical and dental care, and psychiatric, psychological, and surgical treatment
4. The right to make decisions concerning the child's education
"Missing Child" means a child whose whereabouts are unknown to the child's legal custodian, the circumstances of whose absence indicate that the child did not voluntarily leave the care and control of the custodian and the taking of the child was not authorized by law: the child left the care and control of the custodian without permission of the custodian and with the intent not to return; or the child was taken or retained in violation of the terms of a court order. The meaning of child according to Code of Criminal Procedure 63.001 is _________
under 18 years of age
A missing child under 11 years of age must have established a system for flagging requests for records held in the possession of
School or daycare facility
An act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself is according to the Family Code the definition of ________________
Dating violence
A person having caused to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect has a duty to immediately make a report. The report of abuse should reflect the reporter's belief that a child has or may be abused or neglected or has died of abuse or neglect. This report must be made to
1. Any local or state law enforcement agency
2. The state agency that operates, license, certifies, or registers the facility in which the alleged abuse or neglect occurred
3. The agency designated by the court to be responsible for protection of children
The conduct of investigation of an allegation of child abuse or neglect may include
1. A visit to the child's home, unless the alleged abuse or neglect can be confirmed or clearly ruled out without a home visit
2. An interview with and examination of the subject child, which may include a medical, psychological, or psychiatric examination
The following persons may con set to medical, dental, psychological, and surgical treatment of a child when the person having the right to consent as otherwise provided by law cannot be contacted and that person has not given actual notice to the contrary
1. a grandparent of the child
2. an aunt aunt or uncle of the child
3. a peace officer who has lawfully taken custody of a minor, if the peace officer has reasonable grounds to believe the minor is in need of immediate medical treatment
When responding to family violence, a peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report, including but not limited to
1. The names of the suspect and complainant
2. the date, time, and location of the incident
3. any visible injuries
4. A description of the incident and statement of its disposition
A child 17 years of age or younger whose whereabouts are unknown and whose disappearance poses a credible threat to the safety and health of the child as determined by local law enforcement agency is __________
an abducted child