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

Question 1

Tiffany has worked as a prostitute for three years.One evening,she approaches a man in the bar of a hotel.She strikes up a conversation with him.The man buys her a drink.In a few minutes she says,"Do you want to have a party?" "What do you have in mind?" the man says."I can give you sex beyond your wildest dreams! Will only cost you $100," she replies."No thanks.I can't afford you," the man says."I can,however,arrest you,because I am a police officer," the man says as he displays his police badge.The appropriate charge to file against Tiffany would be:

A)no charge because she was entrapped.
B)criminal solicitation.
C)prostitution.
D)disorderly conduct.

Answer 1

C

Question 2

Which of the following individuals is committing a violation of the unlawful carrying of weapons (UCW)statute?

A)an individual wearing a pistol while fishing
B)a storekeeper keeping a pistol in the cash register of his shop
C)an off-duty police officer wearing a pistol in a bar
D)None of the above are violating the UCW statute because each fits within a statutory defense.

Answer 2

D

Question 3

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:

A)unlawful carrying of weapons.
B)places weapons prohibited.
C)no offense because she is carrying the weapon for personal safety.
D)possession of an unregistered firearm.

Answer 3

A

Question 4

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:

A)disorderly conduct.
B)riot.
C)obstructing a passageway.
D)no offense because they have a Constitutional right to protest.

Question 5

Paco has been out drinking beer with his friends.While going home he feels the need to urinate.He stops his car on a residential side street.He exits the vehicle and walks to the curb side of the car.While urinating against the right front tire,another vehicle comes down the street.Its headlamps shine directly on Paco.Paco has committed:

A)no offense since his need to urinate is involuntary.
B)disorderly conduct.
C)indecent exposure.
D)disturbing the peace.

Question 6

Many public disorder offenses are crimes only because the conduct occurs in a public place.Which of the following meets the definition of a "public place"?

A)the waiting room of a bus station
B)the sidewalk along a public street
C)the interior of a movie theater
D)All of the above are public places.

Question 7

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:

A)interference with banking activities.
B)disturbing the peace.
C)disorderly conduct.
D)obstructing a passageway.

Question 8

After six years,Roscoe is finally graduating from college.In celebration he invites 20 of his friends to a party being held at his apartment.As the party continues into the nighttime hours,neighbors call Roscoe to complain.He simply replies,"Loosen up.My days in college are over and I will be gone tomorrow." About midnight,several neighbors call the police and complain about the noise.A police officer responds to the scene and asks Roscoe to calm down the sound.Roscoe agrees but 30 minutes later several neighbors call the police again.The same police officer returns to the apartment complex and determines he can hear the party from inside his patrol car while parked on the city street.At this point the officer:

A)should obtain sworn complaints from at least two of the complaining neighbors.
B)would be legally justified to cite the partiers for disorderly conduct.
C)must precisely measure the sound level with a decibel meter before he may take legal action against Roscoe.
D)is legally required to summon a supervisor to the scene to confirm that the party noise is violating the disorderly conduct statute.

Question 9

Don and Larry are having a beer in Vic's Bar and Grill.The two get into a disagreement and Don pushes Larry.Larry responds by punching Don in the nose.A full-blown fight erupts.In the course of the fight they break several tables and chairs valued at $600.The police arrive as the fight is ending.Neither Don nor Larry wishes to press charges against the other.However,the police officer would be correct in charging the two with:

A)obstructing a passageway.
B)disrupting a public meeting.
C)disorderly conduct.
D)riot.

Question 10

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:

A)no offense.
B)obstructing a passageway.
C)interference with public duties.
D)disorderly conduct.

Question 11

Janet and Monica are celebrating Mardi Gras in Galveston.They observe a passing parade.They get caught up in the moment and join in the parade.About two blocks down the street they begin lifting their blouses and displaying their bare breasts to the crowd.The crowd cheers but a nearby police officer is not amused.The two women have committed:

A)no offense due to the public holiday defense.
B)disorderly conduct.
C)inciting a riot.
D)disturbing the peace.

Question 12

Joe and Steve are stuck in rush-hour traffic.A gap in traffic appears in the adjacent lane.At the same time both Joe and Steve steer their vehicles in the direction of the gap.Joe must brake suddenly to keep from hitting Steve's vehicle.Angry at Steve's quick lane change,Joe makes an obscene sign with his finger.Steve,a police detective driving an unmarked police vehicle,flashes his badge in return and directs Joe to pull his vehicle off the roadway.Steve would act correctly if he:

A)arrested Joe for disorderly conduct.
B)arrested Joe for road rage.
C)issued a citation to Joe for making an obscene gesture in a public place.
D)took no enforcement action because Joe's symbolic speech does not constitute an offense under this factual situation.

Question 13

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)unlawful carrying of weapons.
B)no offense because he is traveling.
C)no offense because the weapon is unloaded.
D)no offense because possession of a rifle is lawful under these circumstances.

Question 14

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

A)a firearm silencer
B)a rifle with a magazine containing more than eight rounds
C)a club with a length over 12 inches
D)a dagger

Question 15

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?

A)First Amendment
B)Second Amendment
C)Fifth Amendment
D)Tenth Amendment

Question 16

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:

A)either Pat or Dakota charges a fee for participating in the sexual activity.
B)Pat and Dakota are not married to each other.
C)either Pat or Dakota are married to someone else.
D)Pat and Dakota are of the same gender.

Question 17

Renee owns and operates a massage parlor.The massage parlor is actually a front for a prostitution business.Renee oversees six different women who primarily work as prostitutes.She provides them a room in her parlor and receives a percentage of the fees they charge.After several weeks of undercover investigation,the police raid the massage parlor and arrest Renee and the other women.Under Texas law Renee has committed:

A)prostitution.
B)aggravated promotion of prostitution.
C)unlawful solicitation.
D)operating a bawdy house.

Question 18

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:

A)action words.
B)offensive words.
C)fighting words.
D)vulgar words.

Question 19

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:

A)committing an offense only if the rifles are loaded.
B)correct in that their conduct is protected by the First Amendment.
C)incorrect because the conduct is not protected by the First Amendment but is protected by the Second Amendment.
D)committing disorderly conduct by displaying a firearm in a public place in a manner calculated to alarm.

Question 20

A group of individuals are marching in front of the police station.They are carrying signs protesting police brutality.The protesters are loudly chanting "Stop police murders.Stop police murders." The sound of the protest can be heard inside the police station and in several nearby business.Several merchants call the police and ask if the protestors can be arrested or dispersed as the chants are disruptive to their businesses.Before the police may arrest the protesters for disorderly conduct,the protestors must be:

A)ordered to leave the premises immediately.
B)afforded the opportunity to quiet down and stop the unreasonable noise.
C)directed to move the protest to a different location or face arrest.
D)told the identity of at least one of the complaining merchants.

Question 21

Becky gives her friend Freda a ride to the mall.On the way,a state trooper stops Becky for speeding.The trooper checks for warrants on Becky and finds she has an outstanding arrest warrant for failing to appear on a previous traffic violation.Becky is placed under arrest.In the course of searching Becky,the trooper finds a baggie of marijuana in her coat pocket.Which of the following is an accurate statement about this situation?

A)Becky can correctly be charged with possession of marijuana.
B)Freda can correctly be charged with possession of marijuana.
C)Upon conviction,the penalty for possession of marijuana depends on the quantity and potency of the THC in the marijuana.
D)All of the above are accurate statements about this situation.

Question 22

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

Question 23

Which of the following individuals is committing a violation of the unlawful carrying of weapons statute?

A)an individual driving an automobile with a pistol concealed in the center console of his automobile
B)a bartender maintaining a loaded pistol under the bar
C)a U.S.Marine home on leave carrying his military sidearm in a gym bag on his way to the gym
D)None of the above are violating the UCW statute because each fits within a statutory defense.

Question 24

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

Question 25

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

Question 26

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.

Question 27

Under Texas law,an unreasonable noise is any noise that two or more persons finds annoying.

Question 28

Norma is breastfeeding her three-month-old baby while sitting in the waiting room of the bus station.Several people complain to the station agent.Norma is committing disorderly conduct.

Question 29

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.

Question 30

Texas statute defines the phrase "unreasonable noise" as any sound that exceeds 50 decibels for at least one minute.

Question 31

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.

Question 32

Fred and Leroy,17-year-old seniors,set off a "stink bomb" in the high school cafeteria.Everyone exits the cafeteria due to the foul odor.Fred and Leroy have committed disorderly conduct.

Question 33

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.

Question 34

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:

A)potency.
B)street value.
C)sale price.
D)quantity.

Question 35

The core element of the Texas law prohibiting gambling is the act of placing a bet.Without a bet,no act of gambling has occurred.Which of the following is the statutory definition of "bet"?

A)an agreement to pay money upon the outcome of an event over which the parties have no control
B)a wager between consenting adults whereupon the outcome of the object of the wager occurs solely by chance
C)an agreement to win or lose something of value solely or partially by chance
D)a promise to exchange something of value to another based on being incorrect on the outcome of a random event

Question 36

A classroom at a private university is considered to be a public place under Texas law.

Question 37

Anti-abortion protesters lie down on the sidewalk and block the doorway to a medical clinic where abortions are rumored to be performed.Patients are unable to enter the clinic.The police order the protesters to move but they refuse.The protesters are committing obstructing a passageway.

Question 38

Greg is graduating from college.As he walks across the stage to receive his diploma he makes an obscene gesture at the university president.The angry president grabs Greg for a moment and then releases him.Greg has committed disorderly conduct because he made an offensive gesture in a public place.

Question 39

Under Texas law,privately owned property can still constitute a public place.

Question 40

Every Friday night,Jack organizes a poker game in his home.Friends from the neighborhood and his work join in the game.Everybody chips in $10 for beer and snacks.At the end of a typical evening the winner may gain as much as $50.Neither Jack nor any of the other players are in violation of the Texas gambling statute because of the:

A)Hoyle defense.
B)social gambling defense.
C)friendly poker game defense.
D)fact that the winner gains less than $100.

Question 41

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.

Question 42

It is lawful for an individual driving a motor vehicle on Texas roads to have a concealed handgun in their vehicle.

Question 43

A person who meets the definition of a "traveler" does NOT violate the unlawful carrying of weapons statute if in possession of a pistol.A "traveler" is defined as anyone who is currently moving from one location to another for a distance of at least 10 miles.

Question 44

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.

Question 45

Roger approaches Melody who is standing a street corner where prostitutes are known to gather.Roger offers Melody $50 to engage in sexual intercourse.Melody agrees and tells Roger to meet her in room 37 of the motel around the corner.When Roger arrives at the motel room,he is arrested by vice officers.He learns that Melody is an undercover police officer.Roger has violated the prostitution statute because he solicited Melody in a public place.

Question 46

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

Question 47

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

Question 48

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.

Question 49

Under Texas law,any knife with a blade over six inches long is considered to be a prohibited weapon.

Question 50

Nathan owns a convenience store.Besides motor fuel,a substantial portion of his business is selling beer and wine.Because he has been robbed several times,he wears a concealed pistol while working at the store.Nathan is NOT in violation of Texas weapon laws.

Question 51

A Texas peace officer may lawfully carry a handgun whether on or off duty regardless of whether or not the officer is in her jurisdiction.

Question 52

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.

Question 53

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.

Question 54

Every Friday night,Mel organizes a poker game in his home.Friends from the neighborhood and his work join in the game.At the end of a typical evening the winner will walk away with about $30.Under Texas law,the winner is in violation of the gambling statute but the losers are not.

Question 55

A truck drives through a residential neighborhood at 10 pm.The truck has a loudspeaker and a recording is blaring a two-for-one special for a local pizza delivery service.Several residents call the police and complain about the noise.A police officer would correctly tell the residents that nothing can be done because the announcement is protected by the First Amendment.

Question 56

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.

Question 57

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.

Question 58

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.

Question 59

Persons who are exercising their right of free speech are never in violation of a criminal statute because such conduct is absolutely protected by the First Amendment to the Constitution.

Question 60

On occasion,persons who are demonstrating in a public place in protest of some political or social issue may violate the disorderly conduct or other statute.In an effort to balance their First Amendment rights against the need for public order,the police are normally required to give the demonstrators a reasonable time to cease their unlawful behavior before arresting them.

Question 61

Streets,highways,common areas of schools and shops have one thing in common: they are all deemed to be a ________ place under Texas statute.

Question 62

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.

Question 63

An undercover police officer purchases cocaine from Jack.Jack is then arrested.Under Texas law,the appropriate charge for the officer to file against Jack is delivery of a controlled substance.

Question 64

Loud parties at private residences are a common complaint in some neighborhoods.Unhappy neighbors may contact the police and complain about the noise.The partiers may be violating the disorderly conduct statute if the noise is unreasonable.Whether or not such loud partying constitutes a legally unreasonable noise is determined using the ________ standard.

Question 65

Dan is openly wearing a pistol while walking down the street.Dan is NOT in violation of the unlawful carrying of weapons statute if he is a uniformed state correctional officer who is ________.

Question 66

Paul is the neighborhood Peeping Tom.At night he goes into Mary's backyard and peers through her bedroom window as she changes clothes.While Paul gains sexual gratification in watching Mary change clothes,he is also violating the ________ statute.

Question 67

Jim Bob works as a ranch hand.On Saturday night,the lovely Charlene agrees to marry him.Jim Bob is so happy that he goes into his front yard and celebrates by firing his pistol into the air multiple times.Jim Bob becomes unhappy when a deputy sheriff arrives and arrests him for committing ________ as a result of his actions that evening.

Question 68

Under Texas law,before political demonstrators may be arrested for disorderly conduct or obstructing a passageway,the police must first afford the protestors the opportunity to ________,________,or otherwise remedy the situation.

Question 69

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

Question 70

When dealing with political protestors,the police must protect the ________ Amendment rights of the protestors prior to arresting anyone.

Question 71

George wears a pistol every day.He does not hold a state-issued handgun license.However,George is NOT violating the unlawful carrying of weapons statute if he only wears the pistol while ________.

Question 72

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.

Question 73

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.

Question 74

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.

Question 75

Since he was 17 years old,Ralph has carried a .22 caliber pistol in his boot.Ten years later he still has the pistol in his boot.One night he is arrested for public intoxication.The arresting officer discovers the pistol.In addition to the public intoxication charge,the officer is likely to charge Ralph with unlawful ________ of a weapon.

Question 76

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

Question 77

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

Question 78

Jerome lives on a small residential street.He is angry because the garbage truck comes down the street at 6:00 am,awakening Jerome who works the night shift.One day he places saw horses across the street to prevent the truck from coming past his home.Jerome's actions constitute the crime of ________ a passageway.

Question 79

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

Question 80

The key element of the offense of gambling is whether or not the accused made a ________ on a game,contest,or the like.