Ld 07 - Crimes Against Persons

Front 1

Battery

Back 1

A battery is any willful and unlawful use of force

or violence upon the person of another.

Front 2

Battery causing/inflicting serious bodily injury

Back 2

Battery causing/inflicting serious bodily injury means a serious impairment or physical condition, including, but not limited to:
• concussion
• loss of consciousness
• bone fracture
• protracted loss or impairment of any member or organ
• extensive suturing
• serious disfigurement

Front 3

Penal Code Section 242

Back 3

Battery

Misdemeanor

To arrest a subject for the crime of battery, the necessary crime elements must include:
• willful and unlawful
• use of force or violence
• on the person of another

NOTE: Every battery contains the lesser crime of assault.

NOTE: The crime of battery requires actual physical contact with the victim or with items closely associated with the victim’s person (i.e., clothing, canes, and other walking devices).

NOTE: Battery as it relates to domestic violence is covered in Penal Code Section 243(e)(1) and is referenced in LD 25: Domestic Violence.

Front 4

Battery - Definition - Willful

Back 4

Willful implies a purpose or willingness to commit the act.

Front 5

Battery - Definition - Unlawful

Back 5

Unlawful means without legal excuse or justification such as self-defense.

Front 6

Battery - Definition - Use of force or violence

Back 6

Use of force or violence in the context of battery means any force or violence. The degree of force is not a consideration in the crime, and battery doesn’t require an injury.

Front 7

Penal Code Section 243(b)

Back 7

Battery upon a specified person, i.e., peace officer

Misdemeanor

A battery upon a peace officer can only occur when the officer is engaged in the lawful performance of his/her duties. The person committing the offense must know or reasonably know that the victim is a peace officer.

NOTE: This offense cannot occur in the course of an illegal arrest or an arrest involving the use of excessive force because then the officer is not engaged in a lawful activity.

Front 8

Penal Code Section 243(c)(1)

Back 8

Battery upon a specified person with treatable injury, i.e., peace officer

Felony.

Front 9

Penal Code Section 243(d)

Back 9

Battery causing/inflicting serious bodily injury

Felony

Front 10

Penal Code Section 243.8

Back 10

Battery on a sports official

A battery on a sports official can occur when a person is engaged in the lawful performance of his/her duties. The person committing the offense must know or reasonably know that the victim is a sports official.

Front 11

Penal Code Section 243.5

Back 11

Battery on school property

If a person commits an assault or battery on school property (K-12, community college, adult school, evening high school) during hours when school activities are being conducted, peace officers may, without a warrant, arrest the person who commits the assault or battery.

NOTE: This is an exception to the general rule requiring that the misdemeanor was committed in the officer’s presence.

Front 12

Assault with a Deadly Weapon or by Means of Force

Back 12

An assault with a deadly weapon or by means of force is an attempt upon the person of another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury.

Front 13

Penal Code Section 245

Back 13

Assault with a Deadly Weapon or by Means of Force

Felony

To arrest a subject for the crime of assault with a deadly weapon or by means of force, the necessary crime elements must include:
• unlawful attempt, and
• the present ability
• to commit a violent injury
• upon the person of another
• by use of a deadly weapon
• or force likely to produce great bodily injury

Front 14

Assault with a Deadly Weapon or by Means of Force - Definition - Deadly weapon

Back 14

A deadly weapon can be any object capable of causing death or great bodily injury from the manner in which it is used.

Front 15

Assault with a Deadly Weapon or by Means of Force - Definition - Present ability

Back 15

Present ability means the present capability to accomplish the act of applying force.

Front 16

Assault with a Deadly Weapon or by Means of Force - Definition - Great bodily injury

Back 16

Great bodily injury means a significant or substantial physical injury.

Front 17

Assault with a Deadly Weapon or by Means of Force - Physical force

Back 17

Any physical force is sufficient if it is capable of producing great bodily injury. It is not necessary that an actual injury result from the assault. However, if an injury does occur, additional punishments may apply.
Examples of physical force with a deadly weapon or causing great bodily injury include:
• throwing a hard object (e.g., a rock, full beer can, etc.)
• kicking or beating someone severely
• throwing someone against or off something

Front 18

Penal Code Section 245(a)(2)

Back 18

Assault with a firearm

felony

Front 19

Penal Code Section 245(c)

Back 19

Assault with other than a firearm on a peace officer

felony

Front 20

Penal Code Section 245(d)

Back 20

Assault with a firearm upon a peace officer or firefighter

felony

Front 21

Penal Code Section 244

Back 21

Assault with caustic chemicals

felony

Front 22

Penal Code Section 244.5

Back 22

Assault with stun gun or taser

misdemeanor or felony

Front 23

Elder or Dependent Adult Abuse

Back 23

The crime of elder or dependent adult abuse refers to the infliction of unjustifiable physical pain or mental suffering upon an elder or dependent adult or theft or embezzlement from an elder or dependent adult.

Front 24

Penal Code Section 368

Back 24

Elder or Dependent Adult Abuse

To arrest a subject for the crime of elder or dependent adult abuse, the necessary crime elements must include:

• any person who willfully causes or permits an elder or dependent adult to suffer or inflicts unjustifiable physical pain or mental suffering
• willfully causes or permits the elder or dependent adult to be injured or endangered
• violates any provision of law proscribing theft or embezzlement to the property of that elder or dependent adult

Front 25

Penal Code Section 368(b)

Back 25

Any person who knows or should know that a person is an elder or dependent adult and who, under any circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to:
 suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or
 having care and custody, permits the person or health to be injured, or
 be placed in a situation such that the person or health is endangered.

Felony

Front 26

Penal Code Section 368(c)

Back 26

Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor.

misdemeanor

Front 27

Penal Code Section 368(d) and

Penal Code Section 368(e)

Back 27

Any person or caretaker who violates any provisions of the law proscribing theft or embezzlement with respect to the property of the elder or dependent adult.

misdemeanor, or felony

(Same as theft)

Front 28

Penal Code Section 368(f)

Back 28

Any person who commits false imprisonment of an elder or dependent adult by use of violence, menace, fraud, or deceit.

felony

Front 29

Elder or Dependent Adult Abuse - Definition - Elder

Back 29

Elder means any person who is 65 years of age or older.

Front 30

Elder or Dependent Adult Abuse - Definition - Dependent adult

Back 30

Dependent adult means any person, between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights. This includes, but is not limited to, persons who have physical or developmental disabilities or whose mental abilities have diminished because of age. This includes any patient between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility.

Front 31

Elder or Dependent Adult Abuse - Definition - Caretaker

Back 31

Caretaker means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or dependent adult.

Front 32

Kidnapping

Back 32

The crime of kidnapping occurs when a person forcibly, or by means of instilling fear, takes another person to another place.

Front 33

Penal Code Section 207(a)

Back 33

Kidnapping

Felony

To arrest a subject for the crime of kidnapping, the crime elements must include:

• unlawful taking of a person
• against his or her will
• by force or fear
• from one place to another.

NOTE: The movement involved in any taking does not refer to a specific distance; rather it refers to whether or not the victim was exposed to additional danger because of the movement.

Front 34

Kidnapping - Amount of force

Back 34

The force used to effect the kidnapping does not need to be physical force. As long as the suspect gives orders which the victim feels compelled to obey, and the victim reasonably believes some kind of harm will occur if he or she doesn’t cooperate, the force used is sufficient to complete the crime of kidnapping

Front 35

Penal Code Section 207(b)

Back 35

Kidnapping a child under 14

Felony

Front 36

Penal Code Section 209

Back 36

Kidnapping for ransom

felony

Front 37

Penal Code Section 210.5

Back 37

Taking of hostages

felony

Front 38

False Imprisonment

Back 38

The crime of false imprisonment is the unlawful violation of the personal liberty of another.

Front 39

Penal Code Section 236

Back 39

False Imprisonment

To arrest a subject for the crime of false imprisonment, the necessary crime elements must include:
• unlawful violation
• of the personal liberty
• of another.

False imprisonment is a misdemeanor.

False imprisonment if accomplished by means of violence, menace, fraud, or deceit, is a felony.

Front 40

False imprisonment - Definition

Back 40

False imprisonment does not require that there be confinement in a jail, prison, or other building. It can be accomplished by:
• restraining
• confining
• detaining
• compelling someone to stay or go somewhere without their consent

Front 41

Penal Code Section 236.1

Back 41

Human Trafficking

Front 42

Penal Code Section 490.5

Back 42

There are situations when the law allows individuals to be detained against their will.

For example:
• A merchant has the authority to detain a person suspected of shoplifting, theft, or burglary.
• A theater owner has the authority to detain a person suspected of operating an unauthorized video device within the premises of a motion picture theater.

Front 43

Child Abduction without Custodial Right

Back 43

The crime of child abduction without custodial right occurs when a person, not having a right of custody, restrains or withholds the child from the person having lawful custody.

Front 44

Penal Code Section 278

Back 44

Child Abduction without Custodial Right

Felony

To arrest a subject for child abduction without custodial right, the necessary elements must include:
• every person
• not having the right of custody, who
• maliciously takes, entices away, keeps, withholds, or conceals
• any minor child
• with the intent to detain or conceal
• from a person having lawful custody

Front 45

Child Abduction without Custodial Right - Definition - Child

Back 45

Child means a person under the age of 18 years.

Front 46

Child Abduction without Custodial Right - Definition - Court order or custody order

Back 46

Court order or custody order means a permanent or temporary custody determination decree, judgment, or order issued by a court of competent jurisdiction. The decree, which can be initial or modified, must affect the custody or visitation of a child, and must have been issued in the context of a custody proceeding. Any order, once made, continues in effect until it expires, is modified, is rescinded, or terminates by operation of law.

Front 47

Child Abduction without Custodial Right - Definition - Operation of law

Back 47

Operation of law means that natural parents have equal rights to custody of their children, in the absence of a court order.

Front 48

Child Abduction without Custodial Right - Definition - Right to custody

Back 48

A right to custody means the right to the physical care, custody, and control of a child pursuant to a custody order or by operation of law.

Front 49

Child Abduction without Custodial Right - Definition - Visitation

Back 49

Visitation means the time for access to the child allotted to any person by court order.

Front 50

Child Abduction without Custodial Right - Definition - Lawful custodian

Back 50

Lawful custodian means a person, guardian, or public agency having a right to custody of a child.

Front 51

Child Abduction without Custodial Right - Definition - Custodial proceeding

Back 51

Custodial proceeding means a hearing in which a custody determination is an issue including, but not limited to, an action for dissolution or separation, dependency, guardianship, termination of parental rights, adoption, paternity, or protection from domestic violence proceedings including emergency protective order.

Front 52

Child Abduction without Custodial Right - Definition - Parents

Back 52

Parents, in the absence of a court order, have equal rights of custody to their children.

Front 53

Penal Code Section 278.7

Back 53

Penal Code Section 278.7 provides a Good Samaritan exception to the prohibition against detainment or concealment of a child from legal custodians. Under this code, it will not be considered a crime to detain or conceal a child if the person doing so is acting under good cause.

Good cause is a good faith belief that the taking, detaining, concealing, or enticing away of the child is necessary to protect the child from immediate bodily injury or emotional harm

Front 54

Child Abduction with Custodial Right

Back 54

Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation.

Front 55

Penal Code Section 278.5

Back 55

Child Abduction with Custodial Right

Felony

To arrest a subject for child abduction with custodial right, the necessary crime elements must include:
• every person who entices away, keeps, withholds, or conceals
• with intent to deprive
• the other person of his or her right to custody or visitation

Front 56

Robbery

Back 56

The crime of robbery is the felonious taking of personal property in the possession of another. This requires the taking of property from a person or from his or her immediate presence, and against the person’s will, by means of force or fear.

Front 57

Penal Code Section 211

Back 57

Robbery

Felony

To arrest a subject for robbery, the necessary crime elements must include:
• taking of personal property of another
• from the person or immediate presence
• against the person’s will
• accomplished by means of force or fear

Front 58

Robbery - Definition - Immediate presence

Back 58

Immediate presence means an area within which the victim could reasonably be expected to exercise some physical control over his or her property.

Front 59

Robbery - Definition - Force

Back 59

Force means the overcoming of resistance by the exertion of strength, weight, power, threat, or duress. Any force directed at a victim is sufficient.

Front 60

Robbery - Definition - Fear

Back 60

Fear means the reasonable apprehension of danger to oneself or another. This means a reasonable person, under the same set of circumstances, would be in fear of life, fear of danger of injury, or fear that personal property may be injured or damaged.

Front 61

Penal Code Section 212

Back 61

In the course of a robbery, there must be a reasonable apprehension of danger. The apprehension of danger is defined as (Penal Code Section 212):
• the fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family
• the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery

Front 62

Penal Code Section 212.5(a)

Back 62

Robbery of hired vehicle

felony

Front 63

Penal Code Section 212.5(b)

Back 63

Robbery at an Automated Teller Machine (ATM)

felony

Front 64

Penal Code Section 212.5(c)

Back 64

Any other type of robbery or robberies not listed in subdivisions (a) and (b) are of the second degree

felony

Front 65

Carjacking

Back 65

The crime of carjacking is the felonious taking of a motor vehicle in the possession of another, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear. The vehicle must be taken from the person or from the immediate presence of a person in possession or from the person or immediate presence of a passenger of the motor vehicle.

Front 66

Penal Code Section 215

Back 66

Carjacking

Felony

To arrest a subject for carjacking, the necessary crime elements must include:
• taking of a motor vehicle
• from the person or immediate presence
• of a possessor or passenger
• by means of force or fear
• with the intent to either, permanently or temporarily deprive the possessor or passenger

Front 67

Carjacking - Completing the crime

Back 67

A subject has completed the crime of carjacking once he or she has dominion and control over the vehicle. It is not necessary for the possessor to be removed from the vehicle for the crime to be committed. The possessor might, for instance, be shoved over in the seat. The key is that the possessor has had to give up dominion and control.

Front 68

Penal Code Section 209.5

Back 68

Any person who, during the commission of a carjacking and in order to facilitate the commission of the carjacking kidnaps another person who is not a principal in the commission of the carjacking has committed the crime of kidnapping.

Felony

Front 69

Murder

Back 69

The crime of murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

Front 70

Murder - Definition - Fetus

Back 70

Standard description regarding murder of a fetus is the viability of the fetus outside the womb.

Front 71

Homicide

Back 71

Homicide is the taking of life by another human being

Front 72

Penal Code Section 187

Back 72

Murder

Felony

To arrest a subject for murder, the necessary crime elements for murder must include:
• unlawful killing of a human being or fetus
• with malice aforethought

Front 73

Malice aforethought

Back 73

The concept of malice aforethought is key to the definition of murder. It is what distinguishes murder from the less heinous crime of manslaughter.

Malice aforethought may be expressed or implied and is expressed when there is an intent to kill. Malice aforethought is implied when the killer, although not intending to kill, manifests a conscious disregard for life. Conscious disregard for life occurs when the killing results from an intentional act, the natural consequences of which are dangerous to life, and the act is performed by one fully aware of the danger, but who proceeds in spite of the danger.

Put another way, implied malice aforethought is the state of mind where there is no intent to kill but, there is a conscious disregard for life.

Front 74

Penal Code Section 189

Back 74

First degree murder

When murder is perpetuated under the following conditions, it would be classified as first-degree murder. (Penal Code Section 189)

These types of murders can be easily recalled using the acronym “PET PoLy” which stands for:
• Premeditated,
• Explosives (including Weapons of Mass Destruction (WMD’s), destructive devices, and metal or armor piercing ammunition)
• Torture (Penal Code Sections 206 and 12022.7)
• Poison
• Lying in wait

Destructive devices are defined in Penal Code Section 12301. Explosive devices are defined in Health and Safety Code Section 12000. WMD’s are defined in Penal Code Section 11417.

Front 75

Felony murder rule

Back 75

The state of mind of malice aforethought may be implied by operation of law. This is called the felony murder rule. This situation occurs when any killing happens during the commission of certain felonies listed in Penal Code Section 189. The list of felonies are:
- arson

- rape
- robbery

- carjacking
- burglary

- kidnapping
- mayhem

- drive by shooting
- train wrecking

If there is a killing of any person including suspects, whether intentional, unintentional, or completely accidental, during the commission, or attempted commission of one of these felonies, that killing will be a murder by operation of the felony murder rule. Thus, no matter what the actual state of mind of the perpetrator of a listed felony, the law will consider the state of mind to be malice aforethought. The killing will be a murder under the felony murder rule.

Front 76

Manslaughter

Back 76

The crime of manslaughter is the unlawful killing of a human being without malice aforethought.

Front 77

Penal Code Section 192

Back 77

Manslaughter

To arrest a suspect for voluntary manslaughter, the necessary crime elements must include:

• the unlawful killing of a human being without malice.

Front 78

Penal Code Section 192(a)

Back 78

Voluntary Manslaughter

Felony

Upon a sudden quarrel or heat of passion.

Front 79

Manslaughter - Definition - Heat of passion

Back 79

Heat of passion implies a blinding rage which clouds judgment and common sense and prompts a person to act rashly, without deliberation. Voluntary manslaughter during heat of passion presumes that the act was committed without deliberation or reflection. If a reasonable person would have had time to “cool off” and regain senses between the provocation and the act of killing, the homicide may be presumed to be an act with malice aforethought, a murder, rather than voluntary manslaughter.

Front 80

Manslaughter - Definition - Imperfect self-defense

Back 80

Imperfect self-defense means the killer had an actual belief in the necessity to use deadly force to defend himself against imminent peril to life or great bodily injury, but under the circumstances, this belief, no matter how genuine, was not reasonable.

Front 81

Penal Code Section 192(b)

Back 81

Involuntary manslaughter

Felony

To arrest a suspect for involuntary manslaughter, the necessary crime elements must include:
• in the commission of an unlawful act not amounting to a felony or
• in the commission of a lawful act which might produce death in an unlawful manner, or
• without caution and circumspection

Front 82

Penal Code Section 191.5

Back 82

Vehicular manslaughter

Gross negligence while intoxicated

Felony

Front 83

Penal Code Section 192(c)(1)

Back 83

Vehicular manslaughter

Gross negligence while not intoxicated

Felony

Front 84

Penal Code Section 192(c)(3)

Back 84

Vehicular manslaughter

Ordinary negligence while intoxicated

Felony

Front 85

Penal Code Section 192(c)(2)

Back 85

Vehicular manslaughter

Ordinary negligence while not intoxicated

Misdemeanor