Question 1

Unlike many other states,Texas has NOT enacted a specific home invasion statute.

Accepted Answer

Texas does not have a specific statute that addresses home invasion. However, crimes such as burglary, aggravated robbery, and criminal trespass may apply in certain situations.

Question 2

One winter night,Pierre,a homeless person,climbs through the open window of a closed business in order to get out of the cold.He is discovered the next morning asleep on the floor of the storage room.Pierre has committed:

Accepted Answer

Pierre has entered a building without permission, which constitutes criminal trespass. He did not commit burglary as he did not have the intent to steal, and he did not commit unauthorized use of a building as he did not use the building for any specific purpose.

Question 3

For a robbery to exist,the state must prove that the assaultive element occurred at the exact same time as the theft element of the offense,otherwise the offense is merely theft from the person.

Accepted Answer

Robbery generally requires that the theft and the assaultive element occur as part of the same event or transaction, but not necessarily at the exact same moment. The key factor is that the force or threat of force is used to accomplish the theft.

Question 4

Workers at Waldo's Worldwide Widget Works (WWWW)are on strike for better wages.The workers are members of the International Widget Works Union (IWWU).Each day about a dozen workers appear outside the factory and form a picket line.They carry signs demanding a pay raise from WWWW.The owners of the WWWW are refusing to bargain with the IWWU and have barred the union members from the plant.Which of the following is an accurate statement regarding this situation?

Accepted Answer

The workers should conduct their picket line on property not owned by WWWW to avoid violating the criminal trespass statute. Since the WWWW has barred the union members from the plant, the workers cannot form a picket line on the factory grounds without risking arrest for criminal trespass. Therefore, conducting the picket line on property not owned by WWWW is the best option for the workers to exercise their right to picket without breaking any laws.

Question 5

The terms "enter" and "entry" are defined somewhat differently in the offenses of burglary,burglary of vehicles,burglary of a coin-operated machine,and criminal trespass.In which of the aforementioned offenses does an entry include every kind of entry except one with the effective consent of the owner?

Accepted Answer

The answer of The terms "enter" and "entry" are defined...

Question 6

Roger leaves his pickup truck parked outside his office.In the bed of the truck is a box containing his new flat screen television,which he purchased for $975.When Roger returns to the truck an hour later,the television set is missing.He notifies the police and an alert patrol officer observes Larry walking down the street carrying a television.The officer stops Larry and subsequently determines that the television is the one from Roger's truck.A co-worker of Roger later identifies Larry as the individual he saw taking the television from the truck bed.The most serious offense Larry has committed is:

Accepted Answer

The answer of Roger leaves his pickup truck parked outside...

Question 7

Joanne is hosting a New Year's Eve party at home for 300 of her closest friends.The caterer employs Charles to work as a waiter at the party.Unknown to the caterer,Charles is Joanne's former live-in boyfriend whom Joanne threw out of the house a month earlier.At the time,Joanne told Charles,"Get out and stay out.I never want to see you again!" At the party,Charles dresses in a disguise so Joanne will not recognize him.While the party is going on,Charles decides to embarrass Joanne.Every time he observes an unattended purse,he takes the contents out and places the contents under Joanne's bed.The next day many of Joanne's friends telephone her,angry at the prank.After much searching,Joanne finds the friends' property and manages to get everyone and her respective property reunited.Charles has committed:

Accepted Answer

Charles committed criminal trespass because he entered Joanne's home under false pretenses, knowing he was not welcome there, and used deception to gain entry.

Question 8

Robbery is essentially a compound crime combining assault with theft.

Accepted Answer

Robbery involves taking something from someone else by using force or the threat of force, which combines the elements of assault and theft.

Question 9

Twenty individuals have established a picket line on the plaza in front of city hall protesting a recent raise in water rates.The individuals are carrying signs reading "Water is a basic right" and "We're being hosed." They are also chanting "Down with the rate hike!" Persons coming to city hall must pass by the picket line in order to enter the building.The police are called to the scene.The police supervisor tells the protesters to go home.They ignore his order.Which of the following is an accurate statement regarding this situation?

Accepted Answer

The protesters are exercising their First Amendment right to peacefully protest on public property, which includes the plaza in front of city hall. As long as they are not engaging in violent or disruptive behavior, they are not committing criminal trespass. The police supervisor's order to leave does not override their constitutional right to protest.

Question 10

Arnold is in a local bar.After several beers,he begins to argue with other patrons regarding who has the best college football team in the state.Arnold loudly proclaims the virtues of his school.The bartender,realizing that Arnold is annoying many of the other customers,says,"Hold it down man or I will have to ask you to leave." Arnold loudly replies,"Screw you.I have just as much right to be here as anyone else." The bartender says,"That's it.Get out!" Arnold says,"I'm staying.Give me another beer." At that point,the bartender calls the police.Upon his arrival,the bartender tells the police officer that Arnold is refusing to leave the bar.Which of the following is correct about this situation?

Accepted Answer

Arnold is violating the criminal trespass statute by refusing to leave the bar after being given notice to depart by the bartender. The fact that the bar is a public place does not give Arnold unlimited rights to remain there if he is breaking the law or disrupting the peace. The bartender has the authority to order Arnold to leave because he is employed by the owner of the bar and acting on their behalf. The police officer also has the authority to order Arnold to leave if he continues to refuse to depart.

Question 11

The terms "enter" and "entry" are defined somewhat differently in the offenses of burglary,burglary of vehicles,burglary of a coin-operated machine,and criminal trespass.In which of the aforementioned offenses is an entry of the entire body required before the offender has entered or made an entry?

Accepted Answer

In the offense of criminal trespass, the entry of the entire body is typically required to constitute an entry, unlike the other offenses where partial entry may suffice.

Question 12

Gene develops a scheme to gain money from vending machines.Each time he passes a vending machine,Gene stuffs a tissue out of sight up the coin return tube.Once a day he returns to each of the machines and removes the hidden tissue.A day's worth of returned change then falls into his hands.He collects about $30 per day from his vending machine route.So far the little scheme has produced $255.Which of the following is an accurate statement concerning this situation?

Accepted Answer

Gene has committed burglary of a coin-operated machine because he has entered the machine with the intent to obtain property, i.e., the change. Regardless of whether or not the change belongs to the owner of the machine, it is still considered theft to take it without permission. His actions meet the definition of burglary, which involves entering a building with the intent to steal or commit a felony.

Question 13

Carlos walks through the shopping mall parking lot looking for unlocked motor vehicles.He spies a sports car with the top down.He opens the car door and climbs into the driver's seat.Carlos inserts a screwdriver in the ignition and attempts to start the vehicle by turning the screw driver.After several attempts to twist the screwdriver,Carlos realizes his efforts are proving to be unsuccessful.As he begins to exit the vehicle a mall security officer approaches and detains him until the police arrive.The most serious offense Carlos has committed is:

Accepted Answer

Carlos committed burglary of vehicles as he entered the car with the intent to commit a crime (theft) inside, which is more serious than mere trespass or attempted unauthorized use.

Question 14

In Texas,in order to be convicted of violating the robbery statute during a carjacking,the accused must have both violently seized the vehicle and operated the vehicle.

Accepted Answer

According to the Texas Penal Code, a person can be convicted of robbery during a carjacking if they intentionally or knowingly cause bodily injury to another person, intentionally or knowingly threaten or place another person in fear of imminent bodily injury, or intentionally or knowingly commit or threaten to commit a felony against another person while in the process of stealing a vehicle. The statute does not require the accused to have operated the vehicle.

Question 15

"In the course of committing theft," an element that must be proven in a robbery case,includes conduct that occurs when the offender is fleeing from the scene of the incident.

Accepted Answer

The element of "in the course of committing theft" in a robbery case includes conduct that occurs when the offender is fleeing from the scene of the incident. This is because the act of fleeing is seen as a continuation of the theft, as the offender is trying to escape with the stolen property. Therefore, it is true that this conduct must be proven in a robbery case.

Question 16

Under Texas law,mere possession of a deadly weapon during the course of a robbery elevates the offense to aggravated robbery.

Accepted Answer

The answer of Under Texas law,mere possession of a deadly...

Question 17

Under Texas law,for a robbery to occur,the offender must make a verbal threat.

Accepted Answer

Under Texas law, robbery is defined as the act of intentionally, knowingly, or recklessly causing bodily injury to another person, threatening another person with imminent bodily injury, or committing theft while intentionally or knowingly causing, threatening, or placing another person in fear of imminent bodily injury or death. Verbal threat is not the only way to commit a robbery under Texas law.

Question 18

The element of "in the course of committing theft" as used in the Texas law of robbery means the prosecution must prove that the accused was attempting to steal money.

Accepted Answer

The element of "in the course of committing theft" as used in the Texas law of robbery means that the accused was actually committing theft or had just committed theft, not necessarily attempting to steal money.

Question 19

Under Texas law,if an offender robs three individuals during the same incident,three robberies,not one robbery,have occurred.

Accepted Answer

Under Texas law, each individual victim in a robbery incident is counted as a separate offense, even if they were all robbed at the same time and place. Therefore, if an offender robs three individuals during the same incident, it is considered as three separate robberies, not one.

Question 20

Texas law excludes real estate from the types of property that can be the object of a robbery.

Accepted Answer

According to Section 29.02 of the Texas Penal Code, robbery is defined as theft combined with violence or the threat of violence against someone. However, the law specifically states that real estate cannot be the object of a robbery, only tangible property.

Quiz 10: Robbery,Burglary,and Criminal Trespass