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25 Cards in this Set

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Unlawful sexual intercourse - age difference between perpetrator and victim is three years younger or less.
261.5 - misdemeanor
Unlawful sexual intercourse - age difference between perpetrator and victim is greater than three years.
261.5 - felony
Physical abuse of a child
273d - felony
Child protective agency
DPSS, Dept of child services, probabtion, police or sheriff. DOES NOT INCLUSE SCHOOL DISTRICT POLICE OR A SECURITY DEPARTMENT.
A report shall be prepared, written, and sent to child protective agency within?
36 hours
Failure to report suspected child abuse
pc 11166(b) - Misdemeanor
Immunity from Liability
pc 11172
Confidentiality - ensures that the identity of the person reporting a suspected child abuse incident shall confidential.
pc 11167
The following will have access to the reporter's identity.
Child protective agency handling case, counsel representing a child protection agency, DA in a criminal prosecution, licensing agency, others pursuant to a court order.
Failure to maintain confidentiality
Pc 11167.5 - Misdemeanor
Law Enforcement Reporting requirements
11166 and 11167 - must contact a child protective agency immediately or asap via telephone, a written report must be prepared within 36 hours or the initial contact.
County probation or welfare agencies must report incidents or suspected child abuse to-
Child protective agency having jurisdiction over the case and district attorney's office.
Exigent circumstance (Define)
emergency situation required swift action to prevent:
imminent danger to a person's life or safety, imminent escape of a suspect, or evidence is about to be destroyed or removed.
physical neglect of a child (Misdemeanor neglect)
pc 273a(b)- No physical injury has occurred. - Fail to provide adequate food, clothing, shelter or medical care. Inadequately supervise.
physical neglect of a child (felony neglect)
273a(b) - fail to protect from severe malnutrition or medically diagnosed nonorganic failure to thrive. Intentionally fail to provide adequate food clothing, shelter or med care. Willing cause or permit the health of child to be endangered.
Forensic medical examination
a minor taken into protective custody, related to allegations of sexual abuse, the peace officer can authorize a forensic medical exam, if the parent or guardian refuses or is unable to authorize exam.
Child Harm, Injury, Endangerment (Elements)
*Any person
*willfully causing or permitting any child to suffer, OR
*inflicting unjustifiable physical pain or mental suffering, OR
*having the care or custody of any child, AND
*willfull causing or permitting that child to be placed in such a situation that his or her person or health is endangered
Child Negligence
is flagrant and reckless disregard for the safety of others or willful indifference to any injury that might occur. Such acts are punishable as crimes themselves if injury or death occurs.
Lewd or lascivious acts with a child (elements)
*any person
*willfully committing any lewd or lascivious act
*upon or with the body of a child, WITH
*the intent of arousing, appealing to, or gratifying ONES SEXUAL DESIRES or THOSE OF THE CHILD, WHEN
*the child is under 14 (pc 288(a)
or
* the child is 14 or 15 and the suspect is more than 10 years older than the victim. (pc 288(c)(1)
Annoying or Molesting Children (Elements)
*any person
*annoying or molesting
*any child under the age of 18
Possession of child Pornography (elements)
*knowingly
*possessing or controlling
*any matter
*depicting a child under the age of 18 years
*engaging in or simulating sexual conduct.
Unlawful sexual intercourse (elements)
*sexual intercourse
*with a minor under the age of 18
*who is not the spouse of the perpetrator
Content of report- Telephone report
Name and age of child, name of reporter, location of child, nature and extent of injuries, current condition of child, facts which lead to reasonable suspicion that abuse has occurred
Content of report- written report
Name and age of child, name of reporter, location of child, nature and extent of injuries, condition of child when abuse was reported, facts which lead to reasonable suspicion that abuse has occurred, relationship to suspected abuser, nature of suspected abuse, and history of previous abuse.
Before a peace officer can enter, they need to comply with
PC 844 - knock and notice