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

An offense is considered to have occurred in a public place if the illegal behavior is viewable from a public place.

Under Texas law,weapons such as machine guns,short-barrel firearms,and firearm silencers are classified as ________ weapons.

Jose operates a food truck.He drives to job sites at lunch time to sell food to the workers.One day he goes to a worksite and parks on the street.Unfortunately the street is already crowded with parked construction equipment.A police officer approaches Jose and tells him he needs to move the food truck now because other automobiles cannot maneuver down the street.Jose says the traffic jam is not his fault but the fault of the other parked trucks and equipment.Jose tells the officer that he will move the truck when he is finished serving his customers.The officer says,"Move it now." Jose replies,"In a few minutes.I am not breaking any laws.I have a health department permit to operate this food truck." Jose is committing:

Under Texas law,a public place becomes a private place if an admission fee is charged to enter the locale.

Which of the following is classified as a prohibited weapon under the Texas Penal Code?

Because of the First Amendment freedom of speech requirement,a state may criminalize the words an individual speaks only if the words are either threatening or constitute:

To celebrate New Year's Day,at the stroke of midnight Rafael goes outside and fires his pistol into the air four times.He has committed no crime so long as he is standing on his own property when he discharges the firearm.

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 ignored a police supervisor's order to disperse.Police officers at the scene announce that the group is under arrest.The most appropriate charge to file against Jillian and her friends would be:

Ricardo is arrested for delivery of a controlled substance.Under Texas law,upon conviction his potential punishment is determined by the penalty group to which the controlled substance is and its:

Ronny is running late for his class at the university.In an effort to make up lost time,he is driving his pickup truck in excess of the speed limit.His high speed attracts the attention of a highway patrol trooper who gives chase.Seeing the trooper's lights flashing behind him,Ronny pulls to the side of the road.The trooper approaches Ronny and immediately notices a rifle hanging in the cab on a rack behind Ronny's head.The trooper asks if the weapon is loaded.Ronny answers truthfully that the weapon is unloaded.Ronny has committed:

A group of tax protestor appear at a city council meeting to express their opposition to a potential property tax increase.They are dressed in tri-corner hats reminiscent of the Founding Fathers.However,they are also carrying rifles.Many members of the city council and attendees at the meeting express concern for their safety.When approached by a police officer the tax protestors say they are merely expressing their First Amendment right to peaceably assemble and to petition the government.The tax protestors are:

For speech to constitute disorderly conduct the language used must constitute fighting words.

Charles drives an old car with over 200,000 miles on the odometer.One day the vehicle breaks down in the middle of a busy city street.Traffic becomes snarled as a result.Charles has committed obstructing a passageway.

Randy and his friends gather at Randy's home each Sunday to watch professional football games.Before the start of the game,everyone puts five dollars in a pool and chooses their selections for which teams will win the games.Whoever correctly picks the most winners gains the pool of money.Randy and his friends are NOT violating the state gambling statute because of the ________ defense.

At the start of the professional football season Jared bets Colin $100 that the Patriots will win the Super Bowl.If the Patriots do indeed win the Super Bowl,Jared has violated the Texas gambling statute.

Every Texan over the age of 21 may lawfully carry a handgun for self-protection so long as the handgun is concealed.

Marla is sitting in her college history class.Her car is parked in the student parking lot.A baggie of marijuana is located in the glove box of her car.Under the law,Marla is in ________ possession of the marijuana.

Jacob moves about in a wheelchair due to an injury.He goes to a local bank and attempts to cash his Social Security check.Because he does not have an account at the bank,the teller refuses to cash the check.As he leaves the bank,Jacob becomes angry at the manner in which he was treated by the teller.He stops his wheelchair outside in front of the bank's front door and prevents other customers from entering the bank.Because of his condition,the customers are reluctant to try and move him out of the way or otherwise convince him to move aside.The bank manager calls the police.The responding police officer arrests Jacob and charges him with:

List four prohibited weapons.Why is ownership of these items by the average Texan illegal?

Police officers often respond to loud party calls or other disturbances regarding noise.For such activity to constitute a criminal offense,it must be established that the sound constitutes a(n)________ noise.