Deck 11: Offenses Against Government Operations

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Question
Around midnight,Jack and Roderick are standing on the street corner.They are in an area of town known for street drug sales.As a police car rounds the corner,Jack and Roderick began to walk briskly away from the corner.The police car follows Roderick who then breaks into a run.Suspecting Roderick has been engaged in some criminal activity,a police officer jumps from the car and chases Roderick.He forcibly detains Roderick and asks Roderick his name and to produce identification.Roderick responds by saying and doing nothing.Up to this point Roderick has committed:

A)failure to identify.
B)resisting arrest.
C)escape.
D)none of the above.
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Question
Juliet is angry at her boyfriend Romeo because she has learned that he has also been dating Esmeralda.To punish Romeo,Juliet calls the police and says that Romeo stole her television set,when,in fact,Romeo has been borrowing it with her permission.The police launch an investigation but after interviewing Romeo and Juliet determine that no theft has occurred.Juliet admits to the police that she made up the story to get even with Romeo.Which of the following statements is correct about this situation?

A)No one has committed any offense because no crime has actually occurred.
B)Juliet has committed the offense of interference with public duties.
C)Juliet has committed the offense of lying to a police officer.
D)Juliet has committed the offense of false report to a peace officer.
Question
Bobby is a deputy sheriff assigned to investigate drug cases.Bobby has a hunch that Marla,who has previously been convicted of illegal drug possession,is manufacturing illegal methamphetamine ("meth")in her cabin in the woods.He has no direct evidence of this but believes strongly in his hunch.He goes to a judge to obtain a search warrant for the cabin.In his sworn affidavit Bobby falsely states that a reliable informant has purchased "meth" from Marla on two occasions recently.Based on the affidavit,the judge issues the search warrant.Bobby searches Marla's cabin and does indeed find "meth." However,at her trial the defense proves that Bobby lied on the affidavit for the warrant.Which of the following statements is true regarding this situation?

A)Marla can be convicted of the manufacture of "meth" but must be given probation because Bobby lied on the affidavit.
B)Bobby has committed barratry.
C)The judge has committed obstruction of justice.
D)Bobby has committed the offense of tampering with or fabricating physical evidence.
Question
Cameron observes a campus police officer writing a parking ticket for a car that is illegally parked.Even though it is not Cameron's car,he believes the officer should not issue the ticket because the no parking sign is hidden by a bush.Anyone parking their car would be highly unlikely to see the sign.Cameron says to the officer,"That's an unfair bunch of crap.No way this guy could have seen the no parking sign.The university is just a money-grubbing organization that does not give a damn about students." The officer is not amused or enlightened by Cameron's comments and tells him to back off.Cameron says,"Back off yourself." Cameron has committed:

A)interference with public duties.
B)obstruction or retaliation.
C)false report to a peace officer.
D)no offense because Cameron's comments are protected by the First Amendment.
Question
A robbery of a convenience store is reported to the police.Thirty minutes later,Roger,a police officer,observes Jack Jackson walking rapidly down the sidewalk.Jack meets the description of the robber.As Roger turns his police car in Jack's direction,Jack steps into an alleyway hoping to avoid being seen.Roger exits his police car and intercepts Jack on foot.He detains Jack in order to determine if Jack is the robber.Jack,however,is not in fact the robber but believes a misdemeanor traffic warrant for his arrest may be outstanding.So,when Roger asks Jack his name,Jack replies,"William Wilson." At that moment,Reuben,Jack's brother,walks up and says,"Jack.Why have the cops stopped you?" At this point Roger realizes that Jack has given him a fictitious name.Subsequent investigation reveals Jack's true name and that he is not the robber.Under these facts,Jack has committed:

A)no offense.
B)interference with public duties.
C)failure to identify.
D)perjury.
Question
Jorge,a reformed drug dealer,learns that his neighbor Pablo is manufacturing methamphetamine in his garage.Under provisions of the Texas Penal Code,Jorge has:

A)no legal obligation to report his knowledge to authorities.
B)the legal obligation to report Pablo's conduct or face failure to report a felony charges if authorities learn that Jorge knew of Pablo's illegal activity and did not notify them.
C)a legal duty to notify the police but is not required to provide his name.
D)no legal duty to report his knowledge about Pablo's activities if he is reasonably fearful that Pablo might cause him serious bodily injury or death.
Question
Randy is walking through the mall parking lot when he observes an individual trying to gain entry to an automobile by breaking the side window.Randy immediately uses his cellphone to call the police.He reports that a burglary of a vehicle is occurring at the mall.A police officer responds to the scene and finds the individual inside the vehicle attempting to start it.Subsequent investigation at the scene determines that the individual is not a thief but a "repro man" and is attempting to repossess the vehicle due to non-payment by the purchaser.No arrest is made and the police officer departs the scene.Randy has NOT committed the offense of false report to a peace officer because:

A)he lacked any intent to deceive authorities when he made the cellphone call.
B)he never directly talked to a peace officer.
C)a reasonable person under the same or similar circumstances could have believed that that the individual was a thief.
D)an element of the offense requires that the false report be in writing.
Question
Jillian is a pro-environment activist.She and several colleagues are protesting the cutting down of trees along the city's main boulevard.In staging their protest,Jillian and friends have sat down in the middle of the street and have refused to get up.Police officers at the scene announce that the group is under arrest because they are blocking traffic.At this point the protestors go limp,making it more difficult for the police officers to take them into custody.Jillian and friends are committing:

A)resisting arrest.
B)evading arrest.
C)obstruction or retaliation.
D)none of the above offenses.
Question
Sam,a deputy sheriff,stops two juveniles who are walking down the street on Halloween night.Sam has responded to a report of minor vandalism in the neighborhood and the two juveniles look like potential suspects.As he is questioning the two,Robert,an attorney,shouts,"Don't say anything kids.No one ever went to jail for remaining silent." The kids heed the advice and refuse to answer Sam's questions.Robert's conduct constitutes:

A)interference with public duties.
B)obstructing a peace officer.
C)resisting arrest or detention.
D)none of the above because he is exercising his right of free speech.
Question
Trooper Tommy arrests Rocco for driving while intoxicated.Rocco is handcuffed and placed in the back seat of the trooper's vehicle.Trooper Tommy drives to the county jail.At the jail,Rocco,who to this point has been cooperative,changes his attitude.He becomes belligerent and uncooperative.When Tommy tries to remove Rocco from the patrol car,Rocco begins kicking at Tommy and scooting to the far side of the car.Rocco then slides forward and locks his legs around Tommy and will not let go.Trooper Tommy resolves the matter by squirting Rocco with pepper spray.Rocco becomes cooperative.In addition to other possible charges,Rocco has committed:

A)obstruction or retaliation.
B)escape.
C)resisting transportation.
D)evading arrest.
Question
James has not paid his apartment rent for four months and the landlord wants him removed from the apartment.The landlord has sought a court order evicting James.However,James is well liked by other residents.These residents are aware that due to having lost his job,James has been unable to pay the rent.When a deputy constable arrives to serve the eviction order,a dozen residents surround the officer's automobile and prevent him from exiting the vehicle.The officer warns the crowd to depart or be arrested.When the crowd does not disperse,the deputy uses his radio to summon additional officers.Which of the following statements is correct regarding this situation?

A)The residents who participated in surrounding the deputy constable's vehicle have committed interference with public duties.
B)The apartment landlord has committed violation of civil rights.
C)The deputy constable has committed abuse of office.
D)James has committed obstruction or retaliation.
Question
Susan is out on a blind date with Roderick.They go to the movie.After the movie,they drive around for a while in Roderick's car.While driving,Roderick is drinking vodka from a paper cup.Susan suggests that Roderick not drink and drive but he tells her that he does it all of the time and has never been stopped by the police.About midnight,Roderick,now very intoxicated,returns Susan to her home.Susan has a legal duty to:

A)report Roderick's violation of the open container law to a peace officer within 24 hours.
B)report Roderick's intoxicated driving to a peace officer within 24 hours.
C)report Roderick's intoxicated driving as soon as she can safely do so.
D)do none of the above because the offenses are misdemeanors.
Question
A police officer stops Cedric for speeding in his new sports car.The officer smells the odor of alcohol on Cedric's breath.The officer asks Cedric,"Have you been drinking?" Cedric replies,"No sir," even though he drank a beer about two hours earlier.Nonetheless,the officer has Cedric take a field sobriety test.Cedric passes the test.The officer concludes that Cedric is not intoxicated,issues Cedric a citation for speeding,and sends him on his way.Which of the following statements is correct about this situation?

A)Cedric has committed the offense of false report to a peace officer.
B)Cedric has not committed the offense of false report to a peace officer because his false statement was not material; he was not driving while intoxicated.
C)Cedric has not committed the offense of false report to a peace officer because the officer's question required Cedric to incriminate himself contrary to his Fifth Amendment rights.
D)Cedric has not committed the offense of false report to a peace officer because the officer's question did not specify a particular time period regarding the drinking.
Question
Robert is a drug dealer.One evening he hears the front door of his trailer house swing open and someone shout,"Police! Search warrant." Robert grabs several bags of cocaine from the top of a table.He rushes to the bathroom and tosses the bags in the toilet bowl.He flushes the toilet just as a police officer enters the bathroom.Unfortunately for Robert,the police had already disconnected the sewer line from the trailer and the bags of cocaine spill out onto the ground.In addition to drug charges,Robert has committed:

A)interference with public duties.
B)misprision of a felony.
C)tampering with or fabricating physical evidence.
D)failure to report a felony.
Question
Joab is a member of the North Dallas Pharaohs,an urban street gang that deals in stolen goods and marijuana.One night,Joab observes three fellow gang members severely beat Reginald,an individual who stole some marijuana from one of the gang members.Joab never hits Reginald but merely witnesses the event.The gang members leave Reginald lying in a parking lot with several broken bones and a concussion.The next day police investigators question Joab about the incident.He admits to being at the scene of the assault but denies engaging in the beating of Reginald.The police can properly charge Joab with:

A)violation of the Good Samaritan Law.
B)failure to stop and render aid.
C)failure to report felony.
D)no criminal offense because he did not do anything.
Question
Barry owns a restaurant.Sam,the city fire marshal,appears at the restaurant and wants to inspect it for compliance with the city's fire code.Because he knows the restaurant does not meet the city code requirements,Barry refuses to allow Sam into the restaurant.Barry has committed:

A)no offense.
B)interference with public duties.
C)tampering with evidence.
D)obstruction or retaliation.
Question
A state trooper stops Phillip for speeding.Phillip,who works bussing tables in a restaurant,tells the trooper untruthfully that he is a college criminal justice major.The trooper says,"In that case,I won't give you a ticket.I wouldn't want to ruin your future as a police officer.Go on and be careful." Phillip has committed:

A)failure to identify.
B)resisting arrest or detention.
C)perjury.
D)none of the above.
Question
The interference with public duties statute is NOT enforceable against an individual who is exercising certain rights granted by the:

A)First Amendment to the U.S.Constitution.
B)Second Amendment to the U.S.Constitution.
C)Fourth Amendment to the U.S.Constitution.
D)Tenth Amendment to the Texas Constitution.
Question
Late one evening Charles is attempting to sell cocaine on a city street corner.A customer approaches and asks the price.Charles produces a small envelope of the drug and names a price.At this point the customer says,"Police officer.You are under arrest." Charles immediately sticks the envelope in his mouth and swallows it.The officer takes him into custody and transports Charles to the hospital where his stomach is pumped and the envelope of cocaine is recovered.In addition to the drug charge,Charles has also committed:

A)interference with public duties.
B)obstruction of justice.
C)tampering with or fabricating physical evidence.
D)all of the above offenses.
Question
William's home is ablaze thanks to a lightning strike.Matthew,a freelance videographer,is trying to photograph the fire with intention of selling the video to the local television station.Twice Matthew moves in among the fire trucks to get a better view but both times the fire captain tells him to get back across the street as he is in their way.The third time Matthew appears among the fire trucks,the fire captain summons a police officer and has Matthew arrested.Matthew has committed:

A)no offense because he has a First Amendment right to photograph the fire.
B)obstruction or retaliation because he obstructing efforts to fight the fire.
C)interference with public duties because he impeding the ability of the firefighters to combat the fire.
D)no offense because the fire trucks were located on a public street.
Question
Jill is arrested for public intoxication.When being booked into jail,the jailer asks her for her name,address,and other identifying information.Jill decides that keeping her mouth shut is her best strategy.She refuses to respond to the questions.Jill is committing failure to identify because once she is arrested she loses her right to remain silent.
Question
Carlos is arrested for robbery.Prior to his trial,Carlos convinces his mother Jolene to testify that he was at her house eating pizza at the time of the robbery.Jolene knows that Carlos was not at her home the night of the robbery but decides to testify that he was there.Upon being called as a defense witness at the trial,Jolene testifies that Carlos was at her home the entire evening when the robbery occurred.Which of the following is correct about this situation?

A)Jolene has committed the offense of fabricating evidence.
B)Jolene has committed the offense of aggravated perjury.
C)Jolene has committed the offense of false report to a peace officer.
D)Jolene has committed no offense because mothers are allowed to testify on behalf of their children in criminal trials even if the testimony is false.
Question
To commit the offense of false report to a peace officer the offender must make a statement that is material to a criminal investigation and must intend to deceive the officer.
Question
Last night Chuck was arrested for disorderly conduct.Today he and six other individuals are being taken to court for their initial appearances.Since all are facing minor misdemeanor charges they are not handcuffed.As a deputy sheriff escorts the group through the courthouse hallway toward the courtroom,Chuck bends over to tie his shoe.When he rises up again,the remainder of the group has disappeared around the corner of the hallway.Chuck uses the opportunity to pull a disappearing act of his own and walks out of the courthouse.Four hours later deputies show up at his door and arrest him.In addition to the original disorderly conduct charge,Chuck has committed:

A)escape.
B)resisting transportation.
C)false report to peace officer.
D)evading detention.
Question
If Maria knows that her boyfriend Jose has murdered Reynaldo and buried his body,Maria commits an offense if she could safely report the information to a law enforcement agency and fails to do so.
Question
Paul observes two men carrying a television set out the front door of his neighbor's home.Paul knows that the neighbor is in Paris on vacation.Suspecting a burglary in progress,Paul calls the police and an officer responds while the two men are still at the house.A quick investigation reveals that the two men are the neighbor's sons who are replacing the television with a new one as a birthday present for their father.Paul has committed false report to a peace officer because no burglary was actually occurring.
Question
Roland is a student at a university in Texas.He is trying to maintain a 4.0 grade point average in order to help his application for medical school.Near the end of the semester he realizes that he is in danger of making a B in his English literature class.He approaches his instructor Mrs.Brody and says,"I will give you $100 if you will give me an A in this class." Mrs.Brody replies,"Let's see how you do on the final exam." Which of the following statements is correct about this situation?

A)Roland has committed bribery only if Mrs.Brody ultimately agrees to take the money in exchange for the grade.
B)Roland has committed bribery only if he fails to earn an A on the final exam.
C)Roland has committed bribery only if Mrs.Brody is employed at a state university and not a private university.
D)Roland has committed bribery only if he actually transfers $100 cash to Mrs.Brody after she enters an A in his official university records.
Question
Kyle and Roger don Halloween masks and rob the First National Bank.Upon escaping they go to the home of their friend Harry.Harry owes Roger a favor so Harry agrees to dispose of the masks.Subsequently,Harry burns the masks in his barbeque grill.Harry has committed no offense because he received no financial benefit in destroying the evidence.
Question
Rick accidentally drops his expensive new camera.The camera is damaged and the lens is destroyed.Rick cannot afford a new camera so he devises a plan to claim that the camera was stolen from his automobile.In that way,his car insurance will pay for the cost of replacing the "stolen" camera and lens.As part of the claims process,Rick must file a police report about the purported theft.If Rick files such a report and falsely states that the camera was stolen,he commits no criminal offense because the report is for insurance purposes only and the police are unlikely to conduct any investigation of the matter.
Question
Carla is walking down a crowded street during fiesta in San Antonio.She is smoking a marijuana cigarette.A police officer smells the burning marijuana and approaches Carla.She sees the officer and tries to drop the cigarette into the storm sewer but the butt simply rolls into the street where the officer recovers it.In addition to the possession of marijuana charge,Carla has committed the offense of tampering with physical evidence.
Question
Which of the following assists in determining whether cash paid to an elected official violates the bribery statute or is merely a campaign contribution?

A)For the next one year the elected officials does not vote in favor of any legislation that would benefit the contributor of the cash.
B)The elected official reports the cash according to election law requirements for reporting campaign contributions.
C)The elected official provides a written receipt to the contributor.
D)The elected official forwards the cash to his campaign treasurer within ten days of its receipt.
Question
Under Texas law,which of the following commits the offense of bribery?

A)a restaurant owner by giving free meals to the city health inspector in exchange for a Grade A rating
B)a district attorney by soliciting money to drop the charges against a defendant
C)a motorist by offering a peace officer money not to write him a traffic citation
D)All of the above commit the offense of bribery.
Question
Matt,the town marshal,files a sworn affidavit to obtain a search warrant to search Chester's home for drugs.In the affidavit Matt states that an informant told him that illegal drugs are in the house.The affidavit also states that the informant has provided accurate information in three previous drug cases.In fact,Matt made up the informant and Matt is simply working on a hunch that Chester has drugs.Because of his knowing false statement,Matt has committed:

A)perjury.
B)obstruction or retaliation.
C)false report by a peace officer.
D)interference with public duties.
Question
Peter,a private security guard at the mall,apprehends Greta for shoplifting perfume in the department store.While waiting for the police to arrive,Peter asks Greta her name and address.She tells Peter the name of a classmate and gives an address that she made-up on the spot.Greta's lies constitute a violation of the failure to identify statute.
Question
Jack,a 19-year-old,is drinking beer at a poolside party at an apartment complex.A police officer appears in response to a loud noise complaint.Upon seeing the officer,Jack pours the beer from its can into the swimming pool,reasoning that he cannot be charged with minor in possession (MIP)if the officer does not recover any beer.However,Jack has committed the offense of tampering with physical evidence as the beer is evidence of the MIP.
Question
A citizen's failure to report the occurrence of a misdemeanor to a law enforcement officer is NOT a criminal offense in Texas.
Question
Julianne is called as a witness in the divorce trial of her neighbor Meg.Julianne has first-hand knowledge of the manner in which Meg's husband Ben treats their children.Julianne is sworn in by the court bailiff.During cross-examination by Ben's attorney,Julianne is asked if she dislikes Ben.Indeed she greatly dislikes the man but responds that she does not dislike Ben but does think he is a poor father.Julianne has committed aggravated perjury:

A)if at least two witnesses can establish that she actually dislikes Ben.
B)if the judge instructs her to tell the truth and she repeats the lie.
C)if her false testimony could affect the outcome of the trial.
D)if Ben loses the case; if he wins,Julianne's testimony is irrelevant.
Question
Jim's car is parked in front of his home.The house is located on a dead-end street.The house belonging to Jim's neighbor catches fire.When the fire truck arrives it cannot get to the burning house because Jim's car is taking up most of the narrow street.The fire chief asks Jim to move his car.Jim says,"Why should I? I am lawfully parked and my neighbor's house is a rat's nest.Let it burn." Jim is committing no offense by refusing the fire chief's request.
Question
No Texas statute requires the average citizen to carry documentation establishing his or her identity.
Question
Citizens have a legal duty to report to the police any criminal offense they observe if the report can be made without risking harm to themselves.
Question
The offense of resisting arrest can be committed only by the individual being arrested.
Question
In order to violate the Texas escape statute one must first be in custody.
Question
Under Texas law,if a bribe is offered to a public official,no offense occurs until the bribe is actually paid.
Question
A courtroom witness who gives testimony that is not correct commits the offense of perjury while a witness who intentionally lies commits aggravated perjury.
Question
Purposeful obstruction of a peace officer,firefighter,or EMT in the performance of their duties is a criminal offense.
Question
Flashing automobile headlamps to warn oncoming motorists of the presence of a police officer constitutes the offense of interference with public duties.
Question
Texas criminal law imposes a general duty on citizens who observe a ________ involving serious bodily injury or death to report the incident to a peace officer.
Question
Ralph shoplifts a wristwatch at the mall.A private security officer sees the incident and detains Ralph while the police are summoned.While awaiting the arrival of a police officer,Ralph darts away from the security officer and flees the mall.Ralph has committed the offense of escape.
Question
To constitute the offense of aggravated perjury,the false statement made by a courtroom witness must be one that could affect the outcome of the proceedings.
Question
Joe is standing in front of the local police station holding a sign that says,"Cops are not to be trusted!" Joe is committing the offense of interference with public duties because his comments cause disrespect for the government.
Question
Telling a police officer that he is a disgrace to his profession is not a crime because such comments are protected speech under the First Amendment.
Question
Using force to prevent a police officer from making an arrest is the offense of resisting arrest.Efforts to prevent such an arrest without using force likely violate the interference with public duties statute.
Question
Evading arrest is an offense only if the peace officer who is attempting to make the arrest is wearing a police distinctive uniform.
Question
A person who makes a false statement to a peace officer commits an offense if the statement is made with ________ to deceive.
Question
Lee is a foreign exchange student.His native country is Korean.Because he is interested in how the American system of government functions,he decides to learn about elections.He goes to the courthouse and registers to vote.In filling out the voter registration form,Lee falsely notes that he is a U.S.citizen.A few weeks later,Lee receives a voter registration card in the mail.Lee has committed no offense because the election clerk has the legal duty to confirm that prospective voters meet all of the qualifications.
Question
Texas criminal law imposes a general duty on citizens who observe a felony involving serious bodily injury or death to report the incident to a ________.
Question
Mac,the mayor of a small Texas town,is eating lunch at a local diner.Josh,a friend of his,joins him at the table for a visit.When the two are ready to leave,Josh says,"Let me pay for your lunch." Mac thanks him.Under these facts,both Mac and Josh have violated the bribery statute.
Question
Evading arrest is a felony if the actor flees in a motor vehicle.
Question
A motorist who argues with a police officer over whether or not the motorist came to a full stop at a stop sign may lawfully be charged with interference with public duties if the motorist is knowingly making a false statement.
Question
Influencing a public servant's conduct by the offer of sexual favors violates the bribery statute.
Question
To commit the offense of evading arrest or detention,the offender must intentionally flee from a peace officer he knows is attempting to ________ detain or arrest him.
Question
A prison inmate who dresses in a correctional officer uniform and departs the facility with the other officers nonetheless commits the offense of ________.
Question
Rick is detained by a police officer after being observed in an area where several acts of vandalism have recently occurred.Rick commits failure to identify if he provides the police officer with a ________ name,address,or date of birth when requested.
Question
No federal or state statute currently requires citizens to carry on their person proof of ________.
Question
When a suspect is charged with resisting arrest,he will also often be charged with ________ of a peace officer.
Question
The offense of interference with public duties is NOT committed if the nature of the interference consists only of ________.
Question
Interference with public duties is a criminal offense.A person interferes or disrupts the actions of a peace officer only when the officer is performing a duty or exercising ________ granted by law.
Question
To commit the offense of altering,destroying,or concealing evidence,the individual need not be successful in their efforts.The individual need only have the ________ to do so.
Question
Lying to a peace officer is a criminal offense only if the lie is intended to deceive the officer and is ________ to a criminal investigation.
Question
To commit the offense of tampering with evidence,the individual who alters or destroys an item must ________ that an investigation is being conducted and the item is potential evidence.
Question
An individual commits the offense of failure to identify if he refuses to provide his name after being arrested but commits no offense if he refuses to provide his name after being ________ by a peace officer.
Question
A criminal suspect who swallows an item in an attempt to prevent its discovery by the police commits the offense of ________ evidence.
Question
The crime of escape is based on an unlawful ________ from custody.
Question
In order to commit the offense of escape,the suspect must first be in ________.
Question
If Wesley tries to interfere with the efforts of a deputy constable who is attempting to evict Wesley's neighbor from her apartment due to non-payment of rent,Wesley commits the offense of ________ with public duties.
Question
A person who makes a false statement to a peace officer commits an offense if the statement is made with intent to deceive the officer and is ________ to a criminal investigation.
Question
________ which is directed at the efforts of firefighters in suppressing a fire does not violate the interference with public duties statute.
Question
To commit the offense of evading arrest or detention,the offender must ________ from a peace officer he knows is attempting to lawfully detain or arrest him.
Question
It is no defense to a charge of resisting arrest that the arrest was ________.
Question
The offense of resisting arrest requires that the offender use ________ against a peace officer who is attempting to make an arrest.
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Deck 11: Offenses Against Government Operations
1
Around midnight,Jack and Roderick are standing on the street corner.They are in an area of town known for street drug sales.As a police car rounds the corner,Jack and Roderick began to walk briskly away from the corner.The police car follows Roderick who then breaks into a run.Suspecting Roderick has been engaged in some criminal activity,a police officer jumps from the car and chases Roderick.He forcibly detains Roderick and asks Roderick his name and to produce identification.Roderick responds by saying and doing nothing.Up to this point Roderick has committed:

A)failure to identify.
B)resisting arrest.
C)escape.
D)none of the above.
D
2
Juliet is angry at her boyfriend Romeo because she has learned that he has also been dating Esmeralda.To punish Romeo,Juliet calls the police and says that Romeo stole her television set,when,in fact,Romeo has been borrowing it with her permission.The police launch an investigation but after interviewing Romeo and Juliet determine that no theft has occurred.Juliet admits to the police that she made up the story to get even with Romeo.Which of the following statements is correct about this situation?

A)No one has committed any offense because no crime has actually occurred.
B)Juliet has committed the offense of interference with public duties.
C)Juliet has committed the offense of lying to a police officer.
D)Juliet has committed the offense of false report to a peace officer.
D
3
Bobby is a deputy sheriff assigned to investigate drug cases.Bobby has a hunch that Marla,who has previously been convicted of illegal drug possession,is manufacturing illegal methamphetamine ("meth")in her cabin in the woods.He has no direct evidence of this but believes strongly in his hunch.He goes to a judge to obtain a search warrant for the cabin.In his sworn affidavit Bobby falsely states that a reliable informant has purchased "meth" from Marla on two occasions recently.Based on the affidavit,the judge issues the search warrant.Bobby searches Marla's cabin and does indeed find "meth." However,at her trial the defense proves that Bobby lied on the affidavit for the warrant.Which of the following statements is true regarding this situation?

A)Marla can be convicted of the manufacture of "meth" but must be given probation because Bobby lied on the affidavit.
B)Bobby has committed barratry.
C)The judge has committed obstruction of justice.
D)Bobby has committed the offense of tampering with or fabricating physical evidence.
D
4
Cameron observes a campus police officer writing a parking ticket for a car that is illegally parked.Even though it is not Cameron's car,he believes the officer should not issue the ticket because the no parking sign is hidden by a bush.Anyone parking their car would be highly unlikely to see the sign.Cameron says to the officer,"That's an unfair bunch of crap.No way this guy could have seen the no parking sign.The university is just a money-grubbing organization that does not give a damn about students." The officer is not amused or enlightened by Cameron's comments and tells him to back off.Cameron says,"Back off yourself." Cameron has committed:

A)interference with public duties.
B)obstruction or retaliation.
C)false report to a peace officer.
D)no offense because Cameron's comments are protected by the First Amendment.
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5
A robbery of a convenience store is reported to the police.Thirty minutes later,Roger,a police officer,observes Jack Jackson walking rapidly down the sidewalk.Jack meets the description of the robber.As Roger turns his police car in Jack's direction,Jack steps into an alleyway hoping to avoid being seen.Roger exits his police car and intercepts Jack on foot.He detains Jack in order to determine if Jack is the robber.Jack,however,is not in fact the robber but believes a misdemeanor traffic warrant for his arrest may be outstanding.So,when Roger asks Jack his name,Jack replies,"William Wilson." At that moment,Reuben,Jack's brother,walks up and says,"Jack.Why have the cops stopped you?" At this point Roger realizes that Jack has given him a fictitious name.Subsequent investigation reveals Jack's true name and that he is not the robber.Under these facts,Jack has committed:

A)no offense.
B)interference with public duties.
C)failure to identify.
D)perjury.
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6
Jorge,a reformed drug dealer,learns that his neighbor Pablo is manufacturing methamphetamine in his garage.Under provisions of the Texas Penal Code,Jorge has:

A)no legal obligation to report his knowledge to authorities.
B)the legal obligation to report Pablo's conduct or face failure to report a felony charges if authorities learn that Jorge knew of Pablo's illegal activity and did not notify them.
C)a legal duty to notify the police but is not required to provide his name.
D)no legal duty to report his knowledge about Pablo's activities if he is reasonably fearful that Pablo might cause him serious bodily injury or death.
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7
Randy is walking through the mall parking lot when he observes an individual trying to gain entry to an automobile by breaking the side window.Randy immediately uses his cellphone to call the police.He reports that a burglary of a vehicle is occurring at the mall.A police officer responds to the scene and finds the individual inside the vehicle attempting to start it.Subsequent investigation at the scene determines that the individual is not a thief but a "repro man" and is attempting to repossess the vehicle due to non-payment by the purchaser.No arrest is made and the police officer departs the scene.Randy has NOT committed the offense of false report to a peace officer because:

A)he lacked any intent to deceive authorities when he made the cellphone call.
B)he never directly talked to a peace officer.
C)a reasonable person under the same or similar circumstances could have believed that that the individual was a thief.
D)an element of the offense requires that the false report be in writing.
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8
Jillian is a pro-environment activist.She and several colleagues are protesting the cutting down of trees along the city's main boulevard.In staging their protest,Jillian and friends have sat down in the middle of the street and have refused to get up.Police officers at the scene announce that the group is under arrest because they are blocking traffic.At this point the protestors go limp,making it more difficult for the police officers to take them into custody.Jillian and friends are committing:

A)resisting arrest.
B)evading arrest.
C)obstruction or retaliation.
D)none of the above offenses.
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9
Sam,a deputy sheriff,stops two juveniles who are walking down the street on Halloween night.Sam has responded to a report of minor vandalism in the neighborhood and the two juveniles look like potential suspects.As he is questioning the two,Robert,an attorney,shouts,"Don't say anything kids.No one ever went to jail for remaining silent." The kids heed the advice and refuse to answer Sam's questions.Robert's conduct constitutes:

A)interference with public duties.
B)obstructing a peace officer.
C)resisting arrest or detention.
D)none of the above because he is exercising his right of free speech.
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10
Trooper Tommy arrests Rocco for driving while intoxicated.Rocco is handcuffed and placed in the back seat of the trooper's vehicle.Trooper Tommy drives to the county jail.At the jail,Rocco,who to this point has been cooperative,changes his attitude.He becomes belligerent and uncooperative.When Tommy tries to remove Rocco from the patrol car,Rocco begins kicking at Tommy and scooting to the far side of the car.Rocco then slides forward and locks his legs around Tommy and will not let go.Trooper Tommy resolves the matter by squirting Rocco with pepper spray.Rocco becomes cooperative.In addition to other possible charges,Rocco has committed:

A)obstruction or retaliation.
B)escape.
C)resisting transportation.
D)evading arrest.
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11
James has not paid his apartment rent for four months and the landlord wants him removed from the apartment.The landlord has sought a court order evicting James.However,James is well liked by other residents.These residents are aware that due to having lost his job,James has been unable to pay the rent.When a deputy constable arrives to serve the eviction order,a dozen residents surround the officer's automobile and prevent him from exiting the vehicle.The officer warns the crowd to depart or be arrested.When the crowd does not disperse,the deputy uses his radio to summon additional officers.Which of the following statements is correct regarding this situation?

A)The residents who participated in surrounding the deputy constable's vehicle have committed interference with public duties.
B)The apartment landlord has committed violation of civil rights.
C)The deputy constable has committed abuse of office.
D)James has committed obstruction or retaliation.
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12
Susan is out on a blind date with Roderick.They go to the movie.After the movie,they drive around for a while in Roderick's car.While driving,Roderick is drinking vodka from a paper cup.Susan suggests that Roderick not drink and drive but he tells her that he does it all of the time and has never been stopped by the police.About midnight,Roderick,now very intoxicated,returns Susan to her home.Susan has a legal duty to:

A)report Roderick's violation of the open container law to a peace officer within 24 hours.
B)report Roderick's intoxicated driving to a peace officer within 24 hours.
C)report Roderick's intoxicated driving as soon as she can safely do so.
D)do none of the above because the offenses are misdemeanors.
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13
A police officer stops Cedric for speeding in his new sports car.The officer smells the odor of alcohol on Cedric's breath.The officer asks Cedric,"Have you been drinking?" Cedric replies,"No sir," even though he drank a beer about two hours earlier.Nonetheless,the officer has Cedric take a field sobriety test.Cedric passes the test.The officer concludes that Cedric is not intoxicated,issues Cedric a citation for speeding,and sends him on his way.Which of the following statements is correct about this situation?

A)Cedric has committed the offense of false report to a peace officer.
B)Cedric has not committed the offense of false report to a peace officer because his false statement was not material; he was not driving while intoxicated.
C)Cedric has not committed the offense of false report to a peace officer because the officer's question required Cedric to incriminate himself contrary to his Fifth Amendment rights.
D)Cedric has not committed the offense of false report to a peace officer because the officer's question did not specify a particular time period regarding the drinking.
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14
Robert is a drug dealer.One evening he hears the front door of his trailer house swing open and someone shout,"Police! Search warrant." Robert grabs several bags of cocaine from the top of a table.He rushes to the bathroom and tosses the bags in the toilet bowl.He flushes the toilet just as a police officer enters the bathroom.Unfortunately for Robert,the police had already disconnected the sewer line from the trailer and the bags of cocaine spill out onto the ground.In addition to drug charges,Robert has committed:

A)interference with public duties.
B)misprision of a felony.
C)tampering with or fabricating physical evidence.
D)failure to report a felony.
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15
Joab is a member of the North Dallas Pharaohs,an urban street gang that deals in stolen goods and marijuana.One night,Joab observes three fellow gang members severely beat Reginald,an individual who stole some marijuana from one of the gang members.Joab never hits Reginald but merely witnesses the event.The gang members leave Reginald lying in a parking lot with several broken bones and a concussion.The next day police investigators question Joab about the incident.He admits to being at the scene of the assault but denies engaging in the beating of Reginald.The police can properly charge Joab with:

A)violation of the Good Samaritan Law.
B)failure to stop and render aid.
C)failure to report felony.
D)no criminal offense because he did not do anything.
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16
Barry owns a restaurant.Sam,the city fire marshal,appears at the restaurant and wants to inspect it for compliance with the city's fire code.Because he knows the restaurant does not meet the city code requirements,Barry refuses to allow Sam into the restaurant.Barry has committed:

A)no offense.
B)interference with public duties.
C)tampering with evidence.
D)obstruction or retaliation.
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17
A state trooper stops Phillip for speeding.Phillip,who works bussing tables in a restaurant,tells the trooper untruthfully that he is a college criminal justice major.The trooper says,"In that case,I won't give you a ticket.I wouldn't want to ruin your future as a police officer.Go on and be careful." Phillip has committed:

A)failure to identify.
B)resisting arrest or detention.
C)perjury.
D)none of the above.
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18
The interference with public duties statute is NOT enforceable against an individual who is exercising certain rights granted by the:

A)First Amendment to the U.S.Constitution.
B)Second Amendment to the U.S.Constitution.
C)Fourth Amendment to the U.S.Constitution.
D)Tenth Amendment to the Texas Constitution.
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19
Late one evening Charles is attempting to sell cocaine on a city street corner.A customer approaches and asks the price.Charles produces a small envelope of the drug and names a price.At this point the customer says,"Police officer.You are under arrest." Charles immediately sticks the envelope in his mouth and swallows it.The officer takes him into custody and transports Charles to the hospital where his stomach is pumped and the envelope of cocaine is recovered.In addition to the drug charge,Charles has also committed:

A)interference with public duties.
B)obstruction of justice.
C)tampering with or fabricating physical evidence.
D)all of the above offenses.
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20
William's home is ablaze thanks to a lightning strike.Matthew,a freelance videographer,is trying to photograph the fire with intention of selling the video to the local television station.Twice Matthew moves in among the fire trucks to get a better view but both times the fire captain tells him to get back across the street as he is in their way.The third time Matthew appears among the fire trucks,the fire captain summons a police officer and has Matthew arrested.Matthew has committed:

A)no offense because he has a First Amendment right to photograph the fire.
B)obstruction or retaliation because he obstructing efforts to fight the fire.
C)interference with public duties because he impeding the ability of the firefighters to combat the fire.
D)no offense because the fire trucks were located on a public street.
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21
Jill is arrested for public intoxication.When being booked into jail,the jailer asks her for her name,address,and other identifying information.Jill decides that keeping her mouth shut is her best strategy.She refuses to respond to the questions.Jill is committing failure to identify because once she is arrested she loses her right to remain silent.
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22
Carlos is arrested for robbery.Prior to his trial,Carlos convinces his mother Jolene to testify that he was at her house eating pizza at the time of the robbery.Jolene knows that Carlos was not at her home the night of the robbery but decides to testify that he was there.Upon being called as a defense witness at the trial,Jolene testifies that Carlos was at her home the entire evening when the robbery occurred.Which of the following is correct about this situation?

A)Jolene has committed the offense of fabricating evidence.
B)Jolene has committed the offense of aggravated perjury.
C)Jolene has committed the offense of false report to a peace officer.
D)Jolene has committed no offense because mothers are allowed to testify on behalf of their children in criminal trials even if the testimony is false.
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23
To commit the offense of false report to a peace officer the offender must make a statement that is material to a criminal investigation and must intend to deceive the officer.
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24
Last night Chuck was arrested for disorderly conduct.Today he and six other individuals are being taken to court for their initial appearances.Since all are facing minor misdemeanor charges they are not handcuffed.As a deputy sheriff escorts the group through the courthouse hallway toward the courtroom,Chuck bends over to tie his shoe.When he rises up again,the remainder of the group has disappeared around the corner of the hallway.Chuck uses the opportunity to pull a disappearing act of his own and walks out of the courthouse.Four hours later deputies show up at his door and arrest him.In addition to the original disorderly conduct charge,Chuck has committed:

A)escape.
B)resisting transportation.
C)false report to peace officer.
D)evading detention.
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25
If Maria knows that her boyfriend Jose has murdered Reynaldo and buried his body,Maria commits an offense if she could safely report the information to a law enforcement agency and fails to do so.
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26
Paul observes two men carrying a television set out the front door of his neighbor's home.Paul knows that the neighbor is in Paris on vacation.Suspecting a burglary in progress,Paul calls the police and an officer responds while the two men are still at the house.A quick investigation reveals that the two men are the neighbor's sons who are replacing the television with a new one as a birthday present for their father.Paul has committed false report to a peace officer because no burglary was actually occurring.
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27
Roland is a student at a university in Texas.He is trying to maintain a 4.0 grade point average in order to help his application for medical school.Near the end of the semester he realizes that he is in danger of making a B in his English literature class.He approaches his instructor Mrs.Brody and says,"I will give you $100 if you will give me an A in this class." Mrs.Brody replies,"Let's see how you do on the final exam." Which of the following statements is correct about this situation?

A)Roland has committed bribery only if Mrs.Brody ultimately agrees to take the money in exchange for the grade.
B)Roland has committed bribery only if he fails to earn an A on the final exam.
C)Roland has committed bribery only if Mrs.Brody is employed at a state university and not a private university.
D)Roland has committed bribery only if he actually transfers $100 cash to Mrs.Brody after she enters an A in his official university records.
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28
Kyle and Roger don Halloween masks and rob the First National Bank.Upon escaping they go to the home of their friend Harry.Harry owes Roger a favor so Harry agrees to dispose of the masks.Subsequently,Harry burns the masks in his barbeque grill.Harry has committed no offense because he received no financial benefit in destroying the evidence.
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29
Rick accidentally drops his expensive new camera.The camera is damaged and the lens is destroyed.Rick cannot afford a new camera so he devises a plan to claim that the camera was stolen from his automobile.In that way,his car insurance will pay for the cost of replacing the "stolen" camera and lens.As part of the claims process,Rick must file a police report about the purported theft.If Rick files such a report and falsely states that the camera was stolen,he commits no criminal offense because the report is for insurance purposes only and the police are unlikely to conduct any investigation of the matter.
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30
Carla is walking down a crowded street during fiesta in San Antonio.She is smoking a marijuana cigarette.A police officer smells the burning marijuana and approaches Carla.She sees the officer and tries to drop the cigarette into the storm sewer but the butt simply rolls into the street where the officer recovers it.In addition to the possession of marijuana charge,Carla has committed the offense of tampering with physical evidence.
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31
Which of the following assists in determining whether cash paid to an elected official violates the bribery statute or is merely a campaign contribution?

A)For the next one year the elected officials does not vote in favor of any legislation that would benefit the contributor of the cash.
B)The elected official reports the cash according to election law requirements for reporting campaign contributions.
C)The elected official provides a written receipt to the contributor.
D)The elected official forwards the cash to his campaign treasurer within ten days of its receipt.
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32
Under Texas law,which of the following commits the offense of bribery?

A)a restaurant owner by giving free meals to the city health inspector in exchange for a Grade A rating
B)a district attorney by soliciting money to drop the charges against a defendant
C)a motorist by offering a peace officer money not to write him a traffic citation
D)All of the above commit the offense of bribery.
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33
Matt,the town marshal,files a sworn affidavit to obtain a search warrant to search Chester's home for drugs.In the affidavit Matt states that an informant told him that illegal drugs are in the house.The affidavit also states that the informant has provided accurate information in three previous drug cases.In fact,Matt made up the informant and Matt is simply working on a hunch that Chester has drugs.Because of his knowing false statement,Matt has committed:

A)perjury.
B)obstruction or retaliation.
C)false report by a peace officer.
D)interference with public duties.
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34
Peter,a private security guard at the mall,apprehends Greta for shoplifting perfume in the department store.While waiting for the police to arrive,Peter asks Greta her name and address.She tells Peter the name of a classmate and gives an address that she made-up on the spot.Greta's lies constitute a violation of the failure to identify statute.
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35
Jack,a 19-year-old,is drinking beer at a poolside party at an apartment complex.A police officer appears in response to a loud noise complaint.Upon seeing the officer,Jack pours the beer from its can into the swimming pool,reasoning that he cannot be charged with minor in possession (MIP)if the officer does not recover any beer.However,Jack has committed the offense of tampering with physical evidence as the beer is evidence of the MIP.
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36
A citizen's failure to report the occurrence of a misdemeanor to a law enforcement officer is NOT a criminal offense in Texas.
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37
Julianne is called as a witness in the divorce trial of her neighbor Meg.Julianne has first-hand knowledge of the manner in which Meg's husband Ben treats their children.Julianne is sworn in by the court bailiff.During cross-examination by Ben's attorney,Julianne is asked if she dislikes Ben.Indeed she greatly dislikes the man but responds that she does not dislike Ben but does think he is a poor father.Julianne has committed aggravated perjury:

A)if at least two witnesses can establish that she actually dislikes Ben.
B)if the judge instructs her to tell the truth and she repeats the lie.
C)if her false testimony could affect the outcome of the trial.
D)if Ben loses the case; if he wins,Julianne's testimony is irrelevant.
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38
Jim's car is parked in front of his home.The house is located on a dead-end street.The house belonging to Jim's neighbor catches fire.When the fire truck arrives it cannot get to the burning house because Jim's car is taking up most of the narrow street.The fire chief asks Jim to move his car.Jim says,"Why should I? I am lawfully parked and my neighbor's house is a rat's nest.Let it burn." Jim is committing no offense by refusing the fire chief's request.
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39
No Texas statute requires the average citizen to carry documentation establishing his or her identity.
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40
Citizens have a legal duty to report to the police any criminal offense they observe if the report can be made without risking harm to themselves.
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41
The offense of resisting arrest can be committed only by the individual being arrested.
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42
In order to violate the Texas escape statute one must first be in custody.
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43
Under Texas law,if a bribe is offered to a public official,no offense occurs until the bribe is actually paid.
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44
A courtroom witness who gives testimony that is not correct commits the offense of perjury while a witness who intentionally lies commits aggravated perjury.
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45
Purposeful obstruction of a peace officer,firefighter,or EMT in the performance of their duties is a criminal offense.
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46
Flashing automobile headlamps to warn oncoming motorists of the presence of a police officer constitutes the offense of interference with public duties.
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47
Texas criminal law imposes a general duty on citizens who observe a ________ involving serious bodily injury or death to report the incident to a peace officer.
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48
Ralph shoplifts a wristwatch at the mall.A private security officer sees the incident and detains Ralph while the police are summoned.While awaiting the arrival of a police officer,Ralph darts away from the security officer and flees the mall.Ralph has committed the offense of escape.
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49
To constitute the offense of aggravated perjury,the false statement made by a courtroom witness must be one that could affect the outcome of the proceedings.
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50
Joe is standing in front of the local police station holding a sign that says,"Cops are not to be trusted!" Joe is committing the offense of interference with public duties because his comments cause disrespect for the government.
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51
Telling a police officer that he is a disgrace to his profession is not a crime because such comments are protected speech under the First Amendment.
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52
Using force to prevent a police officer from making an arrest is the offense of resisting arrest.Efforts to prevent such an arrest without using force likely violate the interference with public duties statute.
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53
Evading arrest is an offense only if the peace officer who is attempting to make the arrest is wearing a police distinctive uniform.
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54
A person who makes a false statement to a peace officer commits an offense if the statement is made with ________ to deceive.
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55
Lee is a foreign exchange student.His native country is Korean.Because he is interested in how the American system of government functions,he decides to learn about elections.He goes to the courthouse and registers to vote.In filling out the voter registration form,Lee falsely notes that he is a U.S.citizen.A few weeks later,Lee receives a voter registration card in the mail.Lee has committed no offense because the election clerk has the legal duty to confirm that prospective voters meet all of the qualifications.
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56
Texas criminal law imposes a general duty on citizens who observe a felony involving serious bodily injury or death to report the incident to a ________.
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57
Mac,the mayor of a small Texas town,is eating lunch at a local diner.Josh,a friend of his,joins him at the table for a visit.When the two are ready to leave,Josh says,"Let me pay for your lunch." Mac thanks him.Under these facts,both Mac and Josh have violated the bribery statute.
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58
Evading arrest is a felony if the actor flees in a motor vehicle.
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59
A motorist who argues with a police officer over whether or not the motorist came to a full stop at a stop sign may lawfully be charged with interference with public duties if the motorist is knowingly making a false statement.
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60
Influencing a public servant's conduct by the offer of sexual favors violates the bribery statute.
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61
To commit the offense of evading arrest or detention,the offender must intentionally flee from a peace officer he knows is attempting to ________ detain or arrest him.
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62
A prison inmate who dresses in a correctional officer uniform and departs the facility with the other officers nonetheless commits the offense of ________.
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63
Rick is detained by a police officer after being observed in an area where several acts of vandalism have recently occurred.Rick commits failure to identify if he provides the police officer with a ________ name,address,or date of birth when requested.
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64
No federal or state statute currently requires citizens to carry on their person proof of ________.
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65
When a suspect is charged with resisting arrest,he will also often be charged with ________ of a peace officer.
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66
The offense of interference with public duties is NOT committed if the nature of the interference consists only of ________.
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67
Interference with public duties is a criminal offense.A person interferes or disrupts the actions of a peace officer only when the officer is performing a duty or exercising ________ granted by law.
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68
To commit the offense of altering,destroying,or concealing evidence,the individual need not be successful in their efforts.The individual need only have the ________ to do so.
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69
Lying to a peace officer is a criminal offense only if the lie is intended to deceive the officer and is ________ to a criminal investigation.
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70
To commit the offense of tampering with evidence,the individual who alters or destroys an item must ________ that an investigation is being conducted and the item is potential evidence.
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71
An individual commits the offense of failure to identify if he refuses to provide his name after being arrested but commits no offense if he refuses to provide his name after being ________ by a peace officer.
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72
A criminal suspect who swallows an item in an attempt to prevent its discovery by the police commits the offense of ________ evidence.
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73
The crime of escape is based on an unlawful ________ from custody.
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74
In order to commit the offense of escape,the suspect must first be in ________.
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75
If Wesley tries to interfere with the efforts of a deputy constable who is attempting to evict Wesley's neighbor from her apartment due to non-payment of rent,Wesley commits the offense of ________ with public duties.
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76
A person who makes a false statement to a peace officer commits an offense if the statement is made with intent to deceive the officer and is ________ to a criminal investigation.
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77
________ which is directed at the efforts of firefighters in suppressing a fire does not violate the interference with public duties statute.
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78
To commit the offense of evading arrest or detention,the offender must ________ from a peace officer he knows is attempting to lawfully detain or arrest him.
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79
It is no defense to a charge of resisting arrest that the arrest was ________.
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80
The offense of resisting arrest requires that the offender use ________ against a peace officer who is attempting to make an arrest.
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