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11 Cards in this Set

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187 P.C.
MURDER: Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
Elements: 1.that you committed an act that resulted in death to another person (or a fetus), 2.that you committed the act with malice aforethought, and 3.that you killed without lawful excuse or justification.
Punishment: 25-life in prison, life without parole, if convicted of a capital murder then Death penalty or life without parole.
Classification: Felony
192 P.C.
MANSLAUGHTER: is the unlawful killing of a human being without malice. It is of 3 kinds. (a) Voluntary- upon a sudden quarrel or heat of passion. (b) Involuntary- in the commission of an unlawful act. (c) Vehicular.
Elements: unlawful killing of a human being without malice, or upon a sudden quarrel or heat of passion.
Punishment: 2-4 years in prison, $10,000 fine
Classification:FELONY
207 P.C.
KIDNAPPING: every person who forcibly steals, takes, holds, detains, or carries the person into another country, state or county is guilty of kidnapping. I
Elements: Unlawful taking of a person against his or her will by force or fear from one place to another.
Punishment: Imprisonment in state for 3-8 years
Classification:FELONY
211 P.C.
ROBBERY: is the felonious taking of personal property by means of force or fear, and against his will.
Elements: accomplished by means of force or fear
Punishment: Imprisonment in state for 3-6 yrs
Classification:FELONY
220 P.C.
SEXUAL ASSAULT-
Elements:with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of section 246.1, 288, 289.
Punishment: is punishable by state prison for 2-6 yrs.
Classification:FELONY
243 (b) P.C.
BATTERY ON OFFICER:is any willful & unlawful use of force or violence upon the person of another.
Elements: loss of consciousness,concussion, bone fracture,extensive suturing, serious disfigurement, or loss or impairment of any member or organ.
Punishment: is punishable by fine not exceeding $2,000, county jail for 1yr, or both.
Classification:MISDEMEANOR
245 P.C.
ASSAULT WITH A DEADLY WEAPON OR INSTRUMENT, OR OTHER THAN A FIREARM: is producing great bodily injury.
Elements: Unlawful attempt and present ability to commit a violent injury upon the person of another by use of a deadly weapon or force likely to produce GBI
Punishment: Punishable by state prison for 2-4, $10,000 fine, or both.
Classification:FELONY
451 P.C.
ARSON-
Elements:willfully & maliciously setting fire, aiding, counsels, or procures the burning of any structure, forest, or property.
Punishment: imprisonment in state 3-9 yrs if GBI occurs
Classification:FELONY
452 P.C.
RECKLESS "BURNING" ARSON-
Elements: aware that your actions present a substantial & unjustifiable risk. you ignore risk.
Punishment:Probation, 1yr in county jail, $1,000, or both
Classification:MISDEMEANOR
496 P.C.
RECEIVING STOLEN PROPERTY-
Elements:knowing property is stolen and still buying,selling, receiving, concealing, or withholding property.
Punishment: 1year in jail or prison
Classification:MISDEMEANOR/FELONY
664 P.C.
ATTEMPTED CRIMES-
Elements:every person who attempt to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts
Punishment: Punishable by state imprisonment for 1 half the term, or fine not exceeding 1 half the largest fine. Depending on the crime.
Classification:FELONY