Exam 12: Public Disorder,Indecency,Health,and Safety Offenses

Bert asks his friend Rhonda to mail a package for him.Rhonda agrees.However,unknown to Rhonda,the package contains a pound of marijuana that Bert is shipping to his friend Ernie.By taking the package to the post office for Bert,Rhonda is committing unlawful possession of marijuana.

Every autumn Saturday morning,Nolan contacts Jake and places wagers on various college football games.Sometimes he wins and sometimes he loses.Meanwhile,Jake attempts to balances the wagers Nolan makes against wagers that other people make with him so that at the end of the day the losers' money is used to pay the winners.Jake takes a small fee for handling the transactions.Jake's conduct violates Texas gambling statutes.

Which of the following U.S.Constitutional amendments must be considered when peace officers seek to enforce the disorderly conduct statute against individuals who are publicly demonstrating for or against a particular social,economic,political,or religious issue?

Under current law,a peace officer may arrest an individual for any offense the officer observes,including public disorder offenses such as disorderly conduct.Should the prosecution of disorderly conduct require a citizen complainant other than a peace officer? Why or why not?

Rick is an avid hunter and fisherman.While he uses a rifle to hunt,he obviously does not need a rifle to fish.However,he does carry a small pistol in his fishing tackle box.Rick's possession of the pistol under these circumstances is NOT a violation of the unlawful carrying of a weapon statute.

Geri,an attractive 23-year-old female,is arrested for disorderly conduct and public intoxication after causing a disturbance at a dance club.As the arresting officer is processing Geri into jail he empties her handbag.Out of the bag falls a .22 caliber pistol.Geri tells the officer she carries the pistol because once a stranger attempted to sexually assault her.In addition to the initial charges,Geri has committed:

The Texas Constitution protects the rights of an individual to keep and bear arms but permits the Legislature to regulate the carrying of those arms.

A group of individuals are protesting police brutality.They lock arms and form a human chain across the vehicular entrance to the police station.Their action forces police cars to use the back entrance to the police compound.The protesters are NOT committing an offense because the police officers can still access the police facilities by using the rear entrance.

Ted and Mary engage in sexual intercourse.A crime has been committed if Mary receives a ________ from Ted for engaging in the sex act.

A group of anti-abortion protesters lie down in front of a medical clinic where abortions are rumored to be performed.Their action blocks patients' ability to enter the clinic.The protesters are violating no criminal statute because their conduct is protected by the First Amendment to the Constitution.

Frank does NOT violate the unlawful carrying of weapons statute if he has a handgun in his vehicle or ________.

Much disorderly activity becomes a crime only if it occurs in a ________.

Under Texas law,the penalty for possession of a controlled substance is the same penalty as delivery of a controlled substance.

Robert is walking down the street carrying a loaded shotgun.Several passersby view his conduct as odd and report it to a nearby police officer.The officer would be correct in telling the concerned citizens that Robert is violating no Texas statute.

Gary constructs a pipe bomb out of plumbing supplies and black powder.He intends to detonate the bomb outside the office of his ex-employer.However,on the way to the address he is stopped for a traffic violation.The officer sees the bomb and arrests Gary.Even though the bomb was not detonated,Gary's possession of the bomb violates the ________ statute.

John goes to a bar and over the course of the evening engages in conversation with Pat.At closing time,John says to Pat,"Why don't we go to my place and have sex?" Pat says,"Great idea." No crime has occurred so long as John or Pat do not receive a ________ for the sex act.

Rex has a date with Mona.He takes her out to dinner and a movie.They then go to a bar and consume several margaritas.Rex pays for the costs of the entire evening.The two end up at Mona's apartment where they engage in sexual intercourse.Mona has violated the prostitution statute.

If Pat and Dakota agree to consensual sexual activity in a private place,no violation of the Texas Penal Code occurs.However,a crime does occur if:

Texas law prohibits the use of abusive,indecent,profane,or vulgar language in a public place.However,in order for an offense to occur the language must constitute ________ words.

Jay goes to a location in the city where prostitutes are known to congregate.He approaches Sandra,who is standing on the street corner,and says,"I will give you $20 for oral sex." Sandra responds,"$25!" Jay says,"O.K." Both Jay and Sandra have violated the prostitution statute.