Question 1

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.

Accepted Answer

In Texas, it is legal to openly carry long guns, including shotguns, without a license as long as it is done in a manner that does not cause alarm to others. While some may view Robert's conduct as odd, it does not necessarily mean he is violating any Texas statute.

Question 2

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

Accepted Answer

According to Texas law, individuals with a valid concealed handgun license can carry a concealed handgun in their vehicle without any additional permit or license. However, there are certain restrictions on where and how the handgun can be carried in the vehicle.

Question 3

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.

Accepted Answer

The definition of a "traveler" and the legality of carrying a weapon vary by jurisdiction, and there is no universal rule that exempts travelers from weapon statutes based solely on traveling a certain distance.

Question 4

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.

Accepted Answer

Both Jay and Sandra have engaged in an agreement for prostitution, which is illegal according to the prostitution statute. Paying or accepting payment for sexual services is also illegal.

Question 5

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.

Accepted Answer

Roger violated the prostitution statute by soliciting Melody in a public place, which led to his arrest by undercover police officers.

Question 6

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

Accepted Answer

In Texas, the penalties for possession of a controlled substance can differ significantly from the penalties for delivery of a controlled substance. The severity of the penalty for each offense depends on factors such as the type and amount of the substance involved. Delivery charges typically carry harsher penalties than possession charges.

Question 7

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

Accepted Answer

While Texas does have a law allowing for the carrying of a handgun for self-protection with a license, the law requires that the handgun be openly carried in a holster. It is illegal to carry a concealed handgun without a license.

Question 8

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.

Accepted Answer

Jake's conduct of accepting and handling wagers for various college football games violates Texas gambling statutes which prohibit the act of betting or wagering on the outcome of a game or contest, or the performance of a participant in a game or contest. As a result, Jake is engaged in illegal gambling activities.

Question 9

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

Accepted Answer

Under Texas law, knives with a blade over five and a half inches long are not illegal but carrying them in certain places or with certain intents may be prohibited. Additionally, certain types of knives, such as switchblades, are prohibited regardless of blade length.

Question 10

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.

Accepted Answer

In Texas, individuals with a valid handgun license are allowed to carry a concealed weapon, and there are no specific laws prohibiting the carrying of a firearm by someone selling alcohol. Therefore, as long as Nathan has a valid handgun license, he is not in violation of Texas weapon laws.

Question 11

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.

Accepted Answer

Texas law allows peace officers to carry a handgun both on and off duty, regardless of jurisdiction.

Question 12

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.

Accepted Answer

In many states, it is legal to carry a concealed firearm while engaged in outdoor activities such as hunting or fishing, as long as it is not being used in a way that endangers others. Therefore, Rick's possession of the pistol in his fishing tackle box while fishing is likely legal.

Question 13

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.

Accepted Answer

The Texas Constitution does indeed protect the right to keep and bear arms, but it also allows the Legislature to regulate the carrying of those arms. This can be found in Article 1, Section 23 of the Texas Constitution.

Question 14

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.

Accepted Answer

Under Texas law, gambling is defined as "betting on the partial or final result of a game or contest or on the performance of a participant in a game or contest." Therefore, all participants in the poker game, including the losers, are in violation of the statute as they are betting on the result of the game.

Question 15

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.

Accepted Answer

The First Amendment protects freedom of speech, but it is not an absolute right. The government can regulate certain types of speech, including noise ordinances that limit noise levels during certain hours in residential areas. Therefore, the police could potentially ask the truck to turn off the loudspeaker or move to a different location to avoid disturbing the peace.

Question 16

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.

Accepted Answer

Rhonda is not knowingly in possession of marijuana since she is unaware of the contents of the package, which is a key element in establishing unlawful possession.

Question 17

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.

Accepted Answer

Engaging in sexual intercourse on a date and accepting payment for sexual services are two different things. As long as there was no pre-arranged agreement for payment in exchange for sex, Mona has not violated the prostitution statute.

Question 18

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.

Accepted Answer

Betting between individuals on the outcome of a sports game, such as the Super Bowl, does not inherently violate Texas gambling statutes, as these laws primarily target organized gambling operations and not casual wagers between private individuals.

Question 19

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.

Accepted Answer

Although the First Amendment does protect free speech, there are certain limits to this protection. For example, speech that incites violence or poses a clear and present danger is not protected. Additionally, speech that defames or harasses individuals or groups can also be subject to legal action. Therefore, it is possible for someone exercising their right to free speech to violate criminal statutes if their speech falls outside of the protected categories.

Question 20

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.

Accepted Answer

This is because the police are indeed required to balance the demonstrators' right to free speech and assembly with the need for public order. They are expected to allow the demonstrators a reasonable opportunity to correct any breach of the law before making an arrest. This is often referred to as a "grace period" or "warning time," and it is intended to ensure that the police do not unduly interfere with peaceful protest activity.

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