Texas Penal Code Practice Exam 2025 – Comprehensive Study Guide

Insanity is an Affirmative Defense that is recognized in the Texas Penal Code. This means that if a person is found not guilty by reason of insanity, they are not convicted of the crime but instead may be placed in a mental health treatment facility. The other options are not Affirmative Defenses recognized in the Texas Penal Code. "Deadly Weapon" is a weapon that is capable of causing death or bodily injury and is usually used as an enhancement to increase punishment for a crime. "Criminal Negligence" is a mental state that falls below the standard of care necessary to protect others from harm, and is typically used to establish guilt for a crime. "Elements of Offense" refer to the specific characteristics or actions that make up a crime, and do not act as a defense against a criminal charge. Therefore, option A - Insanity, is the only Affirmative Defense recognized in the Texas Penal Code.