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1.

a. Has each actor committed an assault under Texas Penal Code 22.
No, considering the band’s tuba player “Anderson” did not intentionally barged through
the door just to injure Samantha. The rest actors did commit assault under penal code 22.

b. Why or why not?


There are 2 actors who did commit assault under Texas Penal Code 22.
First of all, Dickens caused physical contact by placing his finger on Oliver’s chest over
some football dispute. This act was considered offensive by Oliver and that’s why he tried
to harm him in response.
Second, Oliver whom threw a plate at Dickens only “intending to knock some sense into
his head”. Luckily, he missed but it ended up inciting a brawl at the bar.
Third, The men fighting below Samantha caused her fear over getting injured.
Fourth, Barry “the bartender” waved a shot gun which he deliberately fired at the ceiling.
He could’ve injured one of the many people at the bar.
And last but not least, Anderson didn’t barge the door against his co-worker Samantha
intentionally because he didn’t even know she was standing behind the door.

c. If the actor has committed an assault, under which section would he be charged?
Dickens: § 22.01. ASSAULT. (2) intentionally or knowingly threatens another with
imminent bodily injury. (3) Intentionally or knowingly causes physical contact with another
when the person knows or should reasonably believe that the other will regard the contact
as offensive or provocative.

Oliver: § 22.01. ASSAULT. (2) intentionally or knowingly threatens another with


imminent bodily injury.

The men: § 22.01. ASSAULT. (2) intentionally or knowingly threatens another with
imminent bodily injury.

Barry: § 22.01. ASSAULT. (2) intentionally or knowingly threatens another with


imminent bodily injury.

2.

a. Anderson is guilty of conspiring with Carpenter to commit arson


True. Texas Penal Code § 28.02. a) A person commits an offense if the person starts a fire,
regardless of whether the fire continues after ignition, or causes an explosion with intent
to destroy or damage: (2) any building, habitation, or vehicle: (D) knowing that it is
located on property belonging to another; (F) when the person is reckless about whether
the burning or explosion will endanger the life of some individual or the safety of the
property of another.
Anderson, following his beliefs, first approached Carpenter and suggested the arson to
blow up the Perfect Publishing Company plant which Carpenter agreed to commit.

b. Anderson is guilty of conspiracy with Samuel to commit arson


False. Samuel was approached by Carpenter who explained the plan to him. Samuel built
the bomb but didn’t obtain or plant the explosives. Neither Samuel or Anderson had
contact with each other.

c. Anderson is guilty of conspiring with Miller to commit arson


True. Anderson planned the attack and looked for ways to do it successfully. One of them
was to get the explosives unlawfully.

d. Miller is guilty of conspiring with Anderson to commit arson


True. Miller knew all the details about the plan and everyone involved. He knew who was
planning the arson in the first place (Anderson). He agreed to aid the plan which was told
by Carpenter.

e. Tyler is guilty of conspiring with Miller to commit arson


False. Tyler is guilty about the Army depot theft and delivered to Miller whom in turn gave
them to Carpenter.

f. Carpenter is guilty of several conspiracies – both to steal and possess explosives


unlawfully and to commit arson
True. Carpenter contacted Miller to get explosives unlawfully and bring them to Samuel in
order to build the bomb.

g. Patterson is guilty of conspiracy with Anderson to commit arson


False. Patterson was not related to the attack causes.

h. Patterson is guilty of arson


False. He didn’t start and/or plan the attack. It is important to mention he was a police
officer on duty and did nothing to stop the attack.

i. Anderson is guilty of the theft of explosives from Army depot


False. Although he started the conspiracy and many other details about the plan, he isn’t
guilty of stealing the explosives because he didn’t have any access to the Army depot by
himself.

j. Samuel is innocent of the crime of arson


True. He’s guilty of building the bomb with the explosives brought by Carpenter but didn’t
plant it and/or caused the fire.
3.
Both A and B.

Texas Penal Code § 22.021 AGGRAVATED SEXUAL ASSAULT. (a) A person commits an
offense: 1) if the person: (A) intentionally or knowingly: (iii) causes the sexual organ of
another person, without that person's consent, to contact or penetrate the mouth, anus,
or sexual organ of another person.

Lucinda was forced to act against her thoughts. She changed her mind about having sexual
relations and therefore her decision should be respected by all means even if she changed
her mind last minute.

4.

a. The life boat was in serviceable condition and properly equipped.


Texas Penal Code § 19.04 Manslaughter (a) A person commits an offense if he recklessly
causes the death of an individual.

Alfonso, the lifeguard, had in hand everything needed to help the struggling swimmer. He
didn’t ensure that everyone was safe and/or if anyone needed help. He ignored his
surroundings and in fact didn’t accomplish his most important task at job.

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