Deck 6: Assault and Sexual Assault

Question 1

Under the Texas law of assault,which of the following is a necessary element of the definition of the word "threat"?

A)a verbal utterance
B)fear or fright on the part of the victim
C)a furtive gesture
D)an intent to inflict harm

Answer 1

D

Question 2

Louis confronts his neighbor Jose over the fact that Jose's dog frequently enters Louis' yard and digs up his flowers.Jose responds that "dogs will be dogs." Louis does not like Jose's comments and begins screaming at him.The argument accelerates until Louis calls Jose an unflattering,racially-charged name.In response,Jose swings at Louis,striking him squarely in the face.The punch causes Louis to fall backward.He strikes his head on the sidewalk.Louis suffers brain damage as a result of hitting the sidewalk.Jose has committed:

A)aggravated assault.
B)no offense because he was provoked by Louis.
C)no offense because he did not intend to seriously injure Louis.
D)assault.

Answer 2

A

Question 3

Which of the following items is a "deadly weapon" according to the definition contained in the Texas Penal Code?

A)realistically appearing toy pistol
B)unloaded .45 caliber pistol
C)pellet gun
D)All of the above are deadly weapons according to the Penal Code definition.

Answer 3

B

Question 4

Which of the following items is specifically identified as a "deadly weapon" according to the definition contained in the Texas Penal Code?

A)automobile
B)chain saw
C)firearm
D)baseball bat

Question 5

Natalie is suffering from a toothache.She goes to see Dr.Mark,the local dentist.Mark examines Natalie and tells her that the tooth needs to be extracted.Natalie asks if the procedure will hurt.Mark replies,"Not much.I will give you something to help block the pain." Mark injects Natalie's gums with a deadening agent and then proceeds with the tooth extraction.Despite Mark's assurances,Natalie finds the procedure very painful; so painful that upon leaving the dentist office,Natalie goes to the local police station and demands that Dr.Mark be arrested.Dr.Mark has committed;

A)assault because he recklessly caused bodily injury to Natalie.
B)aggravated assault because he removed a body member,the tooth.
C)deadly conduct because Natalie could have bleed to death from the tooth extraction.
D)no offense because Natalie consented to the medical procedure.

Question 6

Bob and Ray,two 60-year olds,are drinking beer in a bar.They are discussing college football and which school has the best team.The discussion becomes heated.Finally,in a moment of range,Bob strikes Ray in the face with a beer bottle.Ray falls to the floor,his cheek bone shattered and his eyeball sliced.The most serious offense Bob has committed is:

A)injury to an elderly individual.
B)assault with bodily injury.
C)deadly conduct.
D)aggravated assault.

Question 7

Ron and Ralph,two 19-year-olds,are driving about one evening.Ralph is tossing firecrackers out the window of the car.As their car passes a convertible driven by Helen,Ralph purposefully tosses a firecracker into the car.The firecracker lands in Helen's lap and explodes.Helen suffers minor burns to her thigh.Ralph has committed:

A)deadly conduct.
B)aggravated assault.
C)assault.
D)battery.

Question 8

Jed is a member of a recreational league baseball team.He comes to bat in the bottom of the ninth inning with the bases loaded and the score tied.Randy,the opposing pitcher,throws the first pitch inside and it strikes Jed in the ribs.Under the rules of baseball,Jed is awarded first base and the winning run crosses home plate.After the game Jed goes to the hospital and discovers he has a broken rib.Which of the following statements is correct regarding this situation?

A)Randy has committed assault with bodily injury.
B)Randy has no criminal responsibility for Jed's injury because Jed consented to the possibility of being assaulted.
C)Randy has committed aggravated assault because he caused Jed serious bodily injury.
D)Randy has committed aggravated assault if he was criminally negligent in hitting Jed with the ball.

Question 9

Alf learns that his friend Willie has been having sex with Alf's girlfriend Rhonda.Alf grabs his assault rifle and drives over to Willie's house.As he drives by Willie's home,Alf fires a burst of shots into the house.Fortunately,Willie is not at home.Unfortunately,Willie's brother Billy is at home and is hit in the head by three bullets.Amazingly,Billy only has a bad headache as a result.What is the most serious offense,if any,Alf has committed?

A)Deadly conduct
B)Aggravated assault
C)Terroristic threat
D)Assault

Question 10

As a prank,Ferris,home because of illness,telephones his high school and states that a bomb is in the cafeteria.The school is immediately evacuated.The police department bomb squad is called and searches the facility.No bomb is found.The telephone call is traced back to Ferris.The most serious offense,if any,Ferris has committed is:

A)terroristic threat.
B)assault by threat.
C)aggravated assault.
D)none of the above because no bomb existed.

Question 11

Of the following injuries,which meets the definition of "bodily injury" as defined in the Texas Penal Code?

A)pain
B)bruises
C)sprain
D)All of the above are forms of bodily injury.

Question 12

John and Marsha have been married for five years.Their marriage has been a stormy one.One night while intoxicated,John tells Marsha,"If you ever try to divorce me,you'll be very,very sorry!" The comment makes Marsha fearful of her future safety.John has committed:

A)terroristic threat because John's statement places Marsha in fear of imminent serious bodily injury.
B)no offense as yet because John's statement does not threaten imminent bodily injury.
C) no offense because a spouse is exempt from the protections of the assault statute.
D)assault by threat.

Question 13

Warren is angry at Raymond because Raymond has been trying to date Warren's girlfriend Rachel.Late one night Warren sends Raymond an email that reads "Stay away from Rachel.If I catch you with her,I'll beat you to a bloody pulp!" The next day,Raymond opens his email and reads the message.He later shows it to Rachel,saying "Warren doesn't scare me.He is a big windbag.No way will he try to carry out his threat." Rachel,fearing the worst,takes the email to the police.The police officer would be correct in telling Rachel that Warren has committed:

A)no offense.
B)assault by threat.
C)harassment.
D)terroristic threat.

Question 14

Peter and Paul get into an argument.The argument escalates.Eventually,Peter says to Paul."You are nothing but a stupid nerd.I dare you to hit me.Go ahead; hit me!" At that moment,Paul punches Peter in the nose.Peter's nose begins to bleed profusely."I think you broke my nose," Peter says.Which of the following statements is correct regarding this situation?

A)Paul has committed assault with bodily injury.
B)Paul has engaged in deadly conduct.
C)Paul has committed no assault because Peter consented to being struck.
D)Peter made a terroristic threat so Paul had the right to defend himself.

Question 15

Of the following injuries,which meets the definition of "serious bodily injury" as defined in the Texas Penal Code?

A)sprained ankle
B)dislocated toe
C)painful shoulder
D)bloody nose

Question 16

Of the following injuries,which meets the definition of "serious bodily injury" as defined in the Texas Penal Code?

A)severed artery
B)severe nerve pain
C)facial skin bruise
D)skin cut

Question 17

Sara learns that her husband Ben is romantically involved with Sara's sister.Angry at Ben and the sister,Sara confronts the two.The more Ben tries to explain his side of the story,the angrier Sara becomes.Finally,Sara throws a table lamp at Ben.The lamp strikes Ben in the head and knocks him unconscious.Ben awakens 30 seconds later but with a cut on his scalp.Sara has committed:

A)terroristic threat.
B)aggravated assault with a deadly weapon.
C) assault with bodily injury.
D)deadly conduct.

Question 18

Following a pick-up basketball game between high school students,Rod approaches Kevin and accuses him of dirty play.Kevin tells Rod,"You're just a no talent sore loser." Rod responds by shoving Kevin to the ground.Kevin is not hurt.Rod has committed:

A)no offense because Kevin was not hurt in the incident.
B)assault by contact because Rod should know Kevin would find the shove offensive.
C) deadly conduct because Kevin could have been seriously injured.
D)terroristic threat because Rod placed Kevin in fear of serious bodily injury.

Question 19

Jose learns that Guido,a member of a rival urban gang,has been harassing Jose's girlfriend Yolanda.Jose grabs his assault rifle and drives over to Guido's house.As he drives by Guido's home,Jose fires a burst of shots into the house.Neither Guido nor any of his family is at home at the time.The most serious offense Jose has committed is:

A)aggravated assault.
B)terroristic threat.
C)deadly conduct.
D)none of the above because no one was at home.

Question 20

Jack is attending a professional baseball game.He is sitting in the centerfield bleachers.A member of the visiting team hits a home run.Jack catches the ball.Since the homer was hit by a member of the opposing team,Jack throws the ball back onto the field.Unfortunately,his throw goes wild and the ball strikes Reggie,a peanut vendor who is walking down the aisle.Reggie is knocked unconscious.Emergency medical personnel revive Reggie,who has suffered no permanent injury.Jack has committed:

A)aggravated assault because Reggie was knocked unconscious.
B)deadly conduct because the ball could have seriously hurt Reggie or someone else.
C)aggravated assault because the baseball is a deadly weapon in this situation.
D)no offense because Jack's conduct was at worst negligent.

Question 21

In Texas,special courtroom rules of evidence apply in the prosecution of sexual assault cases.Which of the following is one of those special rules of evidence?

A)Reputation evidence regarding the victim's previous sexual behavior is never admissible into evidence.
B)The accused is banned from testifying about any prior sexual activity with the victim.
C)A conviction may not be had unless DNA evidence is presented that raises a presumption that the accused was the perpetrator.
D)Some physical evidence must be presented to corroborate the victim's claim of non- consensual sexual activity.

Question 22

The Texas statutory definition of "bodily injury" includes "substantial or extensive pain or suffering."

Question 23

Mental distress,such as fear,fright,or anxiety,are forms of "bodily injury" included in the Texas Penal Code definition of the term.

Question 24

Under the Texas law of sexual assault,lack of consent by the victim is an element of the offense that must be established.If the victim has consented to the conduct,then no sexual assault occurs.Which of the following is an example of consent under the Texas sexual assault laws?

A)A female is asleep and does not awake when another female engages in sexual activity with her.
B)A female is passed out through voluntary use of drugs when a male engages in sexual activity with her.
C)A female states,"I wish you would not do that" when a male begins to engage in sexual activity; the female then says nothing further.
D)A female says nothing when a male begins to engage in sexual activity and the female further participates in the sexual activity.

Question 25

Larry,a 16-year-old boy,convinces Kathy,his 15-year-old girlfriend,to perform oral sex.While Kathy is engaged in the act,her father walks into the living room and interrupts the two.The father chases Larry out the door and calls the police.Which of the following statements is correct about this situation?

A)Kathy has committed sexual assault of a child.
B)Neither Larry nor Kathy have committed a criminal offense.
C)Larry has committed sexual assault of a child.
D)Both Larry and Kathy have committed public lewdness.

Question 26

Suzy,a seven-year-old girl,is walking home from school.Warren,a previously convicted child molester,entices Suzy into his car by requesting her help in finding his lost puppy.Warren parks the car on a secluded side street and forcibly engages in oral sexual activity with Suzy.He then releases her along the highway.The most serious offense Warren has committed is:

A)indecency with a child.
B)public lewdness.
C)sexual assault of a child.
D)aggravated sexual assault of a child.

Question 27

Which of the following is a required element of the Texas stalking statute (Sec.42.072)?

A)the harassing conduct must occur on more than one occasion
B)the victim must be acquainted with the offender
C)the offender must use some form of electronic communication to harass the victim
D)the harassing conduct must occur within visual sight of the victim

Question 28

Both words and silent gestures can be considered "threats" within the term's meaning in the law of assault.

Question 29

For a violation of the Texas stalking statute (Sec.42.072)to occur,the offender's conduct must:

A)also violate the terroristic threat statute.
B)produce actual physical or psychological injury to the victim.
C)be directed specifically at another person
D)be so outrageous that it "shocks the conscience" of the community.

Question 30

At a local nightclub,Bill,a 25-year-old male,introduces himself to Mona,a naive 17-year-old female.(Mona has a phony i.d.showing her age as 22 years old.)Over the course of several hours they each consume numerous shots of tequila.Bill pays for all of the drinks.One thing leads to another and the pair end up in bed at Bill's apartment.Although both drunk,they manage to engage in sexual intercourse.Later the next morning,Mona awakes and says,"Who are you and why am I in this bed?" She dresses and dashes to the local police station.She tells the police that she has been sexually assaulted.Following a thorough investigation in which the above facts are determined,the police would be legally justified in charging Bill with:

A) sexual assault of a child.
B)aggravated sexual assault.
C)indecency with a child.
D)none of the above because Mona consented to the sex act.

Question 31

A "black eye" meets the definition of "serious bodily injury" in the Texas Penal Code.

Question 32

The fact that an assault victim received rapid medical assistance and was never in danger of permanent injury has no bearing on whether the injury is considered "serious bodily injury" within the definition in the Texas Penal Code.

Question 33

Charles and Margaret have gone through a contentious divorce.Two months after the divorce decree,Charles begins calling Margaret on the telephone.Every night about 3 am he telephones Margaret and when she answers,he says simply,"You are going to die soon." He then hangs up.Charles conduct constitutes the offense of:

A)assault.
B)stalking.
C)deadly conduct.
D)no offense because his statement may well be true.

Question 34

Whether or not a verbal utterance is considered a threat within the Texas law of assault depends solely upon the reaction of the victim.

Question 35

Rita is a single mother.One night Kyle,a neighbor,breaks into Rita's apartment intending to engage in sexual intercourse with her.Quietly he picks up Rita's sleeping infant and carries the child into Rita's bedroom.Kyle awakens Rita and tells her if she does not engage in sexual intercourse with him,he will harm the child.Fearful for herself and the child,Rita agrees to have sex with Kyle.Before Kyle departs he tells Rita not to tell anyone about the incident or he will come back and harm the child.After Kyle leaves the apartment,Rita calls the police.The most serious offense Kyle has committed is:

A)aggravated sexual assault.
B)terroristic threat.
C)indecency with a child.
D)no offense because Rita consented to the sexual intercourse.

Question 36

Under the Texas law of assault,the term "threat" refers to a communicated intent to inflict harm on another.

Question 37

Ronald meets Julie in a bar.She is a 25-year-old secretary.He tells Julie that he is a casting director for a reality television show and she would be a good candidate to appear on the show.Julie is impressed by Ronald.After a few glasses of wine,the two end up in bed in Ronald's hotel room.They engage in sexual intercourse.The next morning,Julie asks if she can be on the television show.Ronald laughs and says,"I'm not really a casting director,I am a plumber.Sorry for the confusion." Which of the following is correct about this situation.

A)Ronald has committed no offense because Julie consented to the sexual intercourse.
B)Ronald has committed sexual assault because Julie was deceived into having sexual intercourse with him.
C)Ronald has committed sexual assault because although Julie consented to sexual intercourse the consent is void because she may have been intoxicated.
D)Ronald has committed sexual assault because Julie would not have consented to the sexual intercourse if she had known that Ronald was a plumber.

Question 38

Texas,and many other states,use special rules of evidence in the prosecution of sexual assault cases.These rules are part of a larger group of laws known as:

A)Offender Protection Statutes.
B)Sexual Assault Narrative and Evidence (SANE)Laws.
C)Rape Shield Laws.
D)Victim Assistance Protocols (VAP).

Question 39

A broken bone is NOT a form of "serious bodily injury" within the Texas law of assault because it is not a permanent injury and will ultimately heal.

Question 40

Marie,a 28-year-old female,asks her neighbor Jason,a 15-year-old male,if he would like to have sex with her.Jason readily agrees.The two begin a several week relationship and engage in sexual intercourse daily in Marie's home.Jason's mother learns of the affair and contacts the police.Under Texas law Marie has committed:

A)no offense because Jason agreed to the sexual activity.
B)no offense because only the forcible conduct of males against females violates the Texas sexual assault laws.
C)sexual assault of a child because Jason is too young to legally consent to sexual activity.
D)aggravated sexual assault of a child because she is more than 10 years older than Jason.

Question 41

Ron,angry at Donald,swings his fist at Donald in an attempt to punch him in the face.Donald ducks and the swing misses.Ron has committed no crime because the punch caused no harm.

Question 42

Because of the manner in which the statute is worded,sexual intercourse with a corpse is considered sexual assault in Texas.

Question 43

If Jeff purposefully strikes Fred and causes Fred to suffer pain,Jeff only commits the crime of assault,not aggravated assault,no matter the intensity or duration of Fred's pain.

Question 44

Carl and Grady are in an argument.Carl spits in Grady's face.Carl has committed no offense because although his conduct is offensive,it causes no bodily injury to Grady.

Question 45

Elizabeth and Crissy get into an argument over a boy,Jacob.Elizabeth shoves Crissy into the wall and tells her to stay away from Jacob.Elizabeth has committed an assault.

Question 46

In Texas,telephoning a bomb threat to a city council meeting constitutes the offense of terroristic threat.

Question 47

A terrorist who posts an item on the Internet threatening to set-off a bomb commits the offense of terroristic threat.

Question 48

Under Texas statute,the perpetrator of a sexual assault and the victim of the sexual assault can be either a male or a female.

Question 49

Anything,depending on how the object is used,can meet the Texas Penal Code definition of a "deadly weapon."

Question 50

Any conduct in professional sports,including conduct that results in serious bodily injury,does NOT constitute a crime because the participants consent to the conduct.

Question 51

Jake and Phillip get into an argument about who will take Rhonda to the fraternity dance.The argument results in a fistfight in the parking lot.Normally,such cases do not result in assault charges because both parties assume the other has consented to be assaulted.

Question 52

Paul and several thousand other fans are exiting a stadium following attendance at a professional football game.As the crowd walks toward the exit,Craig,a very large individual,bumps into Paul.Due to their difference in size,the bump knocks Paul against the iron railing.Once at his home Paul notices a bruise on his side.Despite Paul's bruise,Craig has committed no offense.

Question 53

Under Texas statute,if force is used to commit sexual penetration,the offense is labeled "rape"; non-forcible penetration is labeled "sexual assault."

Question 54

One reason patients sign medical releases prior to surgery is to prevent claims of criminal assaultive conduct against the physician.

Question 55

In Texas,the fists and feet of professional boxers and wrestlers are considered to be per se a "deadly weapon" under the Penal Code.

Question 56

Under Texas law,any firearm,regardless of whether it is loaded or not,is considered to be a "deadly weapon."

Question 57

For the crime of stalking to occur,the threatening conduct must occur on more than three occasions within a six month period.

Question 58

The aggravating factors that elevate a sexual assault to an aggravated sexual assault are very similar to the factors that increase an assault to an aggravated assault.

Question 59

The offense of stalking requires as an element that the victim have had a prior personal relationship with the accused offender.

Question 60

For a sexual assault to occur,penetration,no matter how slight,must occur but the penetration may be made by a sex organ or any other object.

Question 61

Texas statute requires a victim of a sexual assault make immediate outcry,otherwise a presumption arises that the sexual conduct was consensual.

Question 62

Under the Texas Penal Code,an assault can be committed in one of three ways: assault with bodily injury,assault by threat,and assault by ______.

Question 63

Sending another person an email that threatens serious bodily injury is the offense labeled ________ threat.

Question 64

Throwing a pie into the face of an unsuspecting stranger constitutes the offense of ________ .

Question 65

The age of consent in Texas for engaging in sexual intercourse is 16 for males and 17 for females.

Question 66

The threat of physical force to obtain compliance to engage in sexual intercourse is not legal consent and such conduct constitutes sexual assault.

Question 67

Under the Texas Penal Code,an assault can be committed in one of three ways: assault with bodily injury,assault by contact,and assault by ______.

Question 68

The Texas rape shield law prohibits trial testimony about a sexual assault victim's reputation regarding past sexual conduct.

Question 69

__________ is always a defense to a charge of misdemeanor assault.

Question 70

If a knife is used to assault an individual,the offense will likely be charged as a(n)________(two words)_________.

Question 71

Anything that in its manner of use is capable of causing death or serious bodily injury is known as a ___________ weapon.

Question 72

Drive-by shootings at residences in which no one is injured are normally considered to be the offense of _______(two words)________.

Question 73

Texas court cases have determined that in particular factual circumstances alcohol,hot coffee,and a tree branch were all deadly weapons based on their __________ of ____.

Question 74

Consent to engage in sexual conduct given by an involuntarily intoxicated individual is nonetheless legal consent under the Texas law of sexual assault.

Question 75

___________ is the lowest culpable mental state that can be used to establish an assault with bodily injury.

Question 76

Under the provisions of the Texas Penal Code,a ________ is always a deadly weapon.

Question 77

Texas statutes create a legal presumption that if a female does not verbally object to sexual contact,she has consented to such contact.

Question 78

An assault charge can be elevated to an aggravated assault charge if the offender causes ___________ bodily injury.

Question 79

To constitute assault by contact,the offender must engage in physical contact with another and know that the other person will find the contact _______ or _______.

Question 80

To constitute assault by threat,the offender must threaten another with __________ bodily injury.