Exam 2: Elements of a Crime

Which element of an offense - the culpable mental state,the conduct,or the resultant harm - is most important to you in determining an offender's penalty? Does your answer differ if the offense is a crime against the person? A crime against property?

Assume the City of El Paso enacts a curfew ordinance declaring it unlawful for an unaccompanied minor to remain in a public place after 11:00 P.M.The three elements of the offense that limit its application to minors,in public places,after 11:00 P.M.are examples of:

The Texas Penal Code classifies most criminal offenses into one of ______ penalty classifications ranging from a Class C misdemeanor to a capital felony.

The four forms of culpable mental state recognized under Texas law are intent,knowledge,recklessness,and ____________.

When an individual has dominion over an object without the item being in his or her actual presence,this is known in the law as:

Which of the following is one of the six traditional factors that are contained within all crimes?

If an offender is aware that her conduct is reasonably certain to cause a result,the offender has acted with the culpable mental state of:

The various components that make up a criminal offense are known as the _________ of the crime.

Texas law uses the "when and where" test of causation in criminal prosecutions.

Which of the following is an element that must be proven in every criminal offense?

Joe purposely sets fire to Bill's house.The wind shifts and the fire spreads to Becky's home,destroying it.As to the destruction of Becky's house,Joe:

In addition to a possible fine,the penalty for commission of a first degree felony in Texas is incarceration in the state prison for a term of years between:

Behavior may or may not constitute a crime depending solely on the location where it occurs.

Suppose John,a previously convicted felon,assaults his neighbor Juanita,a recent immigrant from Honduras,by threatening to cut her with a razor.Upon conviction for aggravated assault,the sentence John receives could be increased beyond the statutory norm if the court determines:

A criminal defendant convicted of a Class A misdemeanor could receive a longer sentence of incarceration than she would have received if convicted of a state jail felony.

Explain the concept of attendant circumstances as used as an element of a crime.

If a statute criminalizes conduct only if it occurs in a public place or within public view,this limitation would be considered to be an ______________ circumstance.

Some conduct may constitute a crime only when it occurs at a particular time of day.

Should harm caused by criminal negligence best be left to civil court remedies instead of the criminal sanction?

The "but for" test is used by Texas courts to determine whether a convicted criminal defendant will receive the death penalty or life without parole.