chapter 10 review questions

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University of Texas, Rio Grande Valley *

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Course

1301

Subject

Law

Date

Jan 9, 2024

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docx

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3

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1. Define the phrase “in the course of committing theft” as used in the Texas robbery statute. In the course of committing theft means conduct that occurs in an attempt to commit, during the commission, or in immediate flight after the attempt or commission of theft. 2. Identify the elements of the offenses of robbery and aggravated robbery as defined in the Texas Penal Code. A individual commits an offense if he deliberately, knowingly or recklessly causes bodily harm to another person in the process of committing theft and with the intention of gaining or retaining possession of the property; or deliberately or knowingly threatens or places others in fear of imminent bodily injury or death. A individual commits an offense in an aggravated robbery if he commits robbery and causes serious bodily injury to another individual, uses or displays a deadly weapon, causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury if the other person is 65 years of age or older. 3. Define the terms carjacking and home invasion and explain the application of the Texas law of robbery to these events. Carjacking is the violent theft of an automobile from the presence of the owner.
Considered as a form of robbery in Texas. Since the carjacker has no intent to permanently deprive the owner of the vehicle, the taking of the automobile alone would usually be considered a violation, unauthorized use of a vehicle. Home invasion is when someone unlawfully enters or remains in habitation with intent to commit a felony or theft. 4. Explain the elements of the offense of burglary as defined in the Texas Penal Code. Entering a habitation or building with the intent to commit a felony, theft, or assault. Remaining concealed in a building or habitation with intent to commit a felony, theft, or assault. Entering a habitation or building and attempting to commit or actually committing a felony, theft, or assault. 5. Define the terms enter and entry as they relate to the offenses of burglary, burglary of vehicles, burglary of a coin-operated machine, and criminal trespass in the Texas Penal Code. Entry is established when the plane of the opening of the house is broken and may be accomplished by placing a foot inside a door frame, by cutting window or door screens, or by breaking a door lock or frame. Enter means to intrude any part of the body or any physical object connected with the body. 6. Differentiate between the elements of the offenses of burglary of vehicles and burglary of
a coin-operated machine as defined in the Texas Penal Code. Burglary of Coin-operated A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or equipment used for the purpose of providing lawful amusement, sales of goods, services, with intent to obtain property or services. Burglary of Vehicles a person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft. 7. Describe the elements of the offense of criminal trespass as defined in the Texas Penal Code. Criminal trespasses is a mens rea requirement, enters or remains, is on a property, or another, without effective consent, had noticed that the entry was forbidden.
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