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11 Cards in this Set

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261 P.C.
RAPE- When an individual engages in sexual intercourse without consent. Through force or fear of bodily harm and or fear of retaliation. Too intoxicated to consent to the activity, or unconscious about the nature of the fact, or unable to give consent due to mental disorder or physical disability.
Elements: Through force or violence, unconscious, or mental/physical disorder.
Punishment: 3-8 yrs in state prison. Up to $10,000 fine, and registration as a sex offender.
Classification: Felony
261.5 P.C.
STATUTORY RAPE- Is when any person engages in sexual intercourse with a person under 18.
Elements: Any penetration regardless of how little.
Punishment:Probation (informal/formal) $1,000-$10,000 fine. max 1 yr in county or 1-4 in state prison
262 P.C.
SPOUSAL RAPE- Takes place when a man or woman engages in an act of non-consensual sexual intercourse with his/her spouse.
Elements: anything against the will of you spouse with the specific intent to cause: arousal, sexual gratification, or sexual abuse.
Punishment: probation,3-6 yrs in prison, up to $10,000 fine, and register as a sex offender
264.1 P.C.
DATE RAPE- Non-consensual sexual intercourse that takes place between people who (1) are or were dating, or (2) are voluntarily spending time together.
Elements: Same as 261 PC. Forced against their will,or unconscious there of
Punishment: Probation, 3-6 prison, $10,000 fine, and registration as a sex offender.
Classification: Felony
286 P.C.
SODOMY- Is sexual contact that takes place between the penis of one person and the anus of another.
Elements: Any penetration is sufficient to qualify as sodomy. Forcing someone against their will, or acts of sodomy involving minor children.
Punishment: Depending on the exact circumstances & criminal history will determine the punishment. Probation(informal, formal), $1,000-$10,000 fine, 1yr in jail/1-3 in prison.
Classification:Misdemeanor/ Felony
288(a) P.C.
LEWD ACTS WITH A MINOR under 14- Is the touching of a child on his/her body for sexual purposes.
Elements: Touching a child/minor anywhere on the body. Even on outside of the clothing if the purpose and intent is for arousal.
Punishment:depending of the facts/ history will determine punishment.1yr jail, $1,000 fine, 1-8yrs prison, up to $10,000 fine, and registration as a sex offender.
Classification:Misdemeanor/ Felony
288a P.C.
ORAL COPULATION- Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.
Elements: through force, violence, duress, menace, or any unlawful bodily injury threats.
Punishment: registration as a sex offender, 15-life prison
289 P.C.
Elements: Any penetration what so ever
Punishment:3-12 yrs prison, registration as a sex offender
314.1 P.C.
Elements: Publicly exposing your naked body or genitals with lewd intent.
Punishment: 6mo jail, $1,000 fine, 1-3yrs in prison,$1,000-$10,000 fine, and registration as a sex offender.
646.9 P.C.
STALKING- Is the harassing or threatening another person to the point where that individual fears for his/her safety or the safety of his/her family.
Elements: Harassing, placing fear for safety, course of conduct, and any emotional distress.
Punishment: Probation (informal/formal),1yr jail/ 1-5 yrs prison, $1,000 fine, counseling or treatment for mental illness, and the possible registration as a sex offender.
647.6 P.C.
Elements: annoying or molesting children.
Punishment:$5,000 fine, 1yr jail.