Section 1

Texas Penal Code Exams

Multiple-choice practice across the offenses you actually book on: drug possession (PG 1–4), DWI, theft, assault and family violence, burglary, evading, weapons, and more — with statute references and a breakdown of the elements you must prove.

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What the Texas Penal Code section covers

This Texas Penal Code practice test draws on 257 questions across 100 topics. Every question carries the statute it comes from and an explanation of why the answer is right, so a missed question points straight at the law to review.

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Sample questions

Texas Penal Code §6.03 establishes which four culpable mental states (in order of decreasing blameworthiness)?

  1. Willfully, knowingly, recklessly, negligently
  2. Intentionally, knowingly, recklessly, with criminal negligence (correct)
  3. Premeditated, deliberate, reckless, accidental
  4. Specific, general, transferred, strict

Why: Texas recognizes four culpable mental states ranked from most to least blameworthy: intentionally, knowingly, recklessly, and with criminal negligence.

Tex. Penal Code §6.03

A defendant pries open the back door of a single-family home that he believes is empty. He is caught inside the kitchen. The State proves he intended to steal. Charge?

  1. Criminal Trespass — Class A misdemeanor
  2. Burglary of a Building — state jail felony
  3. Burglary of a Habitation with intent to commit theft — 2nd degree felony (correct)
  4. Burglary of a Habitation with intent to commit non-theft felony — 1st degree felony

Why: Entering a habitation without effective consent with intent to commit theft (or assault, or any felony) completes Burglary of a Habitation. Intent to commit theft caps it at the 2nd degree felony level. Actual taking is not required.

Tex. Penal Code §30.02(a), (c)(2), (d)

An employee at a company has authority to use a company vehicle for business purposes. He uses it to drive home for the night, which his employer has not authorized but does not actively prohibit. Without specific permission, he picks up a friend at the airport in the company car. Which of the following best describes the consent analysis under §1.07(a)(35)?

  1. Effective consent — implicit authorization to use
  2. No effective consent — exceeded scope of authorization (correct)
  3. Effective consent only as to the airport pickup
  4. Effective consent because employer didn't expressly prohibit

Why: 'Effective consent' is the standard required to defeat a property-offense element. Consent is not effective if induced by deception or coercion, given by a person not authorized to consent, given by a person known to be physically/mentally incapable of giving consent, or — relevant here — given by a person whose consent is shown to be SUBSTANTIALLY ENCOURAGED by something other than honest service. Use beyond authorized scope is generally without effective consent. UUMV (§31.07) is the typical Texas analog where motor vehicle is operated without effective consent.

Tex. Penal Code §1.07(a)(11), (35)