chapter 12 review questions
docx
keyboard_arrow_up
School
University of Texas, Rio Grande Valley *
*We aren’t endorsed by this school
Course
1301
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
4
Uploaded by JudgeSeal5828
1.
Define the terms
public place
,
fighting words
, and
unreasonable noise
as they relate
to the Texas disorderly conduct statute.
Public place means a location to which the public or a substantial group of the public has
access. Fighting words are words that would cause the person of average temperament to
want to respond with violence. Because of the First Amendment protection of free
speech, normally an actor’s speech can be criminalized only if it consists of “ fighting
words.” Unreasonable noise means the sound that violates the statute if it exceeds 85
decibels.
2.
Explain the elements of the offense of disorderly conduct as defined in the Texas
Penal Code.
Disorderly conduct can only be committed by the purposeful conduct of the actor. An
individual whose conduct is merely reckless or criminally negligent does not commit the
crime. (1) uses abusive, indecent, profane, or vulgar language in a public place, and the
language by its very utterance tends to incite an immediate breach of peace; (2) makes
offensive gesture or display in a public place, and the gesture or display tends to incite an
immediate breach of the peace. (3) creates chemical means, noxious and unreasonable
odor in a public place; (4) abuses or threatens a person in a public place in an obviously
offensive manner.
3.
Explain the elements of the offense of obstructing public passageway as defined in
the Texas Penal Code.
A person commits an offense if, without legal privilege or authority, he intentionally,
knowingly, or recklessly; (1) obstructs a highway, street, sidewalk hallway, entrance or
exit to which the public or a substantial group of the public has access or any other place
used for the passage of persons or vehicle.
4.
Identify circumstances when enforcement of the disorderly conduct and obstructing
public passageway statutes conflict with the exercise of First Amendment rights.
A circumstance where this plays a part is like : Reverend Jones stands on a downtown
street corner, Bible in hand, and loudly proclaims his religious message to passerby. Both
the protestors and the street corner possess a First Amendment right to freely express
their respective views. But, they do not have a right to do so in a manner that disrupts the
public peace.
5.
Describe the elements of the offense of prostitution as defined in the Texas Penal
Code.
Prostitution, Sec.43.02, declares it a Class B misdemeanor to offer to engage, agree to
engage, or engage in sexual conduct for a fee. The prostitution law covers both parties to
the endeavor: one or both parties may violate the statute depending on the factual
circumstances.
6.
Describe the elements of the offenses of unlawful carrying of weapons, prohibited
weapons, and places weapons prohibited as defined in the Texas Penal Code.
Prohibited weapons offense outlaws the intentional or knowing possession,
manufacturing, transporting, repairing, or selling of certain forms of weaponry. Places
weapons prohibited stipulates that a felony of the third degree occurs if these weapons are
intentionally, knowingly, or recklessly brought on-premises of school or educational
institution, to a polling place on election day, into a courtroom, to a racetrack, within the
secured area of the airport, within 1000 feet of Department of Criminal Justice execution
site. Unlawfully carrying of weapons, such weapons may be carried lawfully providing
the circumstances do not place the actor in violation of other law.
7.
Identify the statutory exemptions and defenses to the Texas weapons statutes.
Texas Legislature amended Sec.46.02. Sec.46.02 (a)now requires the prosecution to
establish that defendants were not “ inside of or directly en route to a motor vehicle”
under their control. In other words, the actors do not appear in violation of Sec 46.02 (a)
if their weapons (i.e., handgun, illegal knife, or club) are inside their motor vehicle.
8.
Describe the elements of the offense of gambling as defined in the Texas Penal Code.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
The offense of gambling, Section 47.02, requires that an individual bet on a game,
contest, or the like. Section 47.01 defines a bet as “ an agreement to win or lose
something of value solely or partially by chance. The key to whether an action is a bet
revolves around the existence of the element of chance. If success inactivity is purely
skilled-based, then no chance is involved; however, if the outcome involves an element of
chance, then gambling has occurred.
9.
Successfully apply to a given factual scenario the elements of the offense of possession of
a controlled substance and delivery of a controlled substance as defined in the Texas law.
If Jack has a baggie of Marihuana in his jacket pocket, he is in actual possession.
However, Jack need not have the baggie physically on his person to be considered to be
in his possession. If the marihuana is in a box in his room, he is still in possession.
Suppose Harry sells a pound of cocaine to an undercover police officer. Upon being
arrested, Harry will be charged with the delivery of a controlled substance.