Exam 6: Assault and Sexual Assault

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:

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

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:

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?

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.

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:

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

Identify the three forms of assault under Texas law and briefly overview the elements of each form.

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

An assault by threat and a terroristic threat against an individual are similar offenses but the elements vary somewhat.Explain the differences between conduct that constitutes an assault by threat and conduct that constitutes a terroristic threat.

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

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

If Adam forces Evelyn to engage in sexual intercourse by threatening to slice her throat,Adam has committed __________ sexual assault.

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

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

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

William,a resident of El Paso,telephones his ex-girlfriend Tonya 10 times over a two day period.When Tonya answers the phone in her Texarkana home,he utters threats to harm her and her family.This repeated behavior places William is violation of the ___________ statute.

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:

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

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: