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60 Cards in this Set

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Consent
PC 261(a)(4)

When the victim is unconscious of the nature of the act because the victim is:
- unconscious or asleep,
- not aware, knowing, perceiving, or cognizant that the act occurred, or
- not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the person’s fraud (in fact).
Consent
Consent
PC 261(a)(5)

Where the person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense or concealment practiced by the accused, with the intent to induce the belief.
Consent
Consent
PC 261(a)(3)

When the victim is prevented from resisting by an intoxicating or anesthetic substance, or any controlled substance and this condition is, or should have been, known to the person.
Consent
Consent
PC 261(a)(2)

Where it is accomplished against a person's will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the person or another.
Consent
Consent
PC 261(a)(1)

When the victim is incapable due to mental disorder, or developmental or physical disability.
Consent
Consent
PC 261(a)(6)

Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat.
Consent
Consent
PC 261(a)(7)

Where the act is accomplished against the victim's will by threatening to use the authority of public official to incarcerate, arrest, or deport the victim or another.
Consent
Consent

Penal Code Section 261.6 states that a current or previous marital or dating relationship between the victim and perpetrator is not sufficient to constitute consent.
Consent
Consent
PC 261.5

Minor below the age of 18
Consent
Consent

Penal Code Section 261.7 states that a victim’s request that a perpetrator use a condom or other birth control device does not constitute consent without additional evidence of consent.
Consent
Rape
PC 261
Felony

To arrest a subject for rape, the necessary crime elements include:
• an act of penile/vaginal intercourse (however slight) which is committed
• with a person, not the spouse of the perpetrator, and
• without consent of the person.
Rape
Assault with Intent to Commit Rape and Other Related Crimes
PC 220
Felony

To arrest a subject for intent to commit rape or crimes covered under Penal Code Section 220, the necessary elements include:
• assault
• with specific intent
• to commit mayhem, rape, sodomy, oral copulation, rape in concert, lewd acts with a child, or penetration with a foreign object.
Assault with Intent to Commit Rape and Other Related Crimes
Assault with Intent to Commit Rape and Other Related Crimes

Assault with intent to commit mayhem, rape, sodomy, oral copulation, rape in concert, lewd acts with a child, or penetration with a foreign object refers to an incomplete attempt to commit these acts.
Assault with Intent to Commit Rape and Other Related Crimes
Indecent Exposure
PC 314
Wobbler

To arrest a subject for indecent exposure, the crime elements include:
• every person who
• willfully and lewdly,
• expose their private parts
• where there are others present to be offended.
Indecent Exposure
Indecent Exposure
PC 288(a)
Felony if...

Prior conviction for:
- lewd acts with a child.
Indecent Exposure
Indecent Exposure
PC 314
Felony if...

Prior conviction for:
- indecent exposure.
Indecent Exposure
Indecent Exposure
Felony

When the person enters an inhabited dwelling house, trailer coach, or inhabited portion of any building and entry was made without consent.
Indecent Exposure
Oral Copulation
PC 288a
Felony

To arrest a subject for oral copulation, the necessary elements are:
• the act of copulating the mouth of one person
• with the sex organ or anus of another person,
• without consent of the victim.

NOTE: Just touching the mouth to the sexual organ or anus of another completes the offense. Penetration is not necessary.
Oral Copulation
Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.
Oral Copulation
Oral Copulation
PC 288a(b)(1)
Felony

Participating in the act with another person under 18 years of age.
Oral Copulation
Oral Copulation
PC 288a(b)(2)
Felony

Victim is under 16 years of age and the suspect is over 21.
Oral Copulation
Oral Copulation
PC 288a(c)(1)
Felony

A suspect participates in an act of oral copulation with another person under 14 and is more than 10 years younger than the suspect.
Oral Copulation
Oral Copulation
PC 288a(c)(2)
Felony

The act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury of the victim or another person.
Oral Copulation
Oral Copulation
PC 288a(c)(3)
Felony

The act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person.
Oral Copulation
Oral Copulation
PC 288a(d)
Felony

Oral copulation in concert.
Oral Copulation
Oral Copulation
PC 288a(e)
Felony

Oral copulation where a person is confined in a state prison or local facility.
Oral Copulation
Oral Copulation
PC 288a(f)
Felony

The victim is unconscious of the nature of the act, and this is known, or reasonably should be known, to the person committing the act.
Oral Copulation
Oral Copulation
PC 288a(g)
Felony

The victim is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known, or reasonably should be known, to the person committing the act.
Oral Copulation
Oral Copulation
PC 288a(h)
Felony

Oral copulation where both the victim and perpetrator are confined in a mental hospital.
Oral Copulation
Oral Copulation
PC 288a(i)
Felony

The victim is prevented from resisting by any intoxicating or anesthetic substance or controlled substance and this condition is known, or reasonably should have been known, by the suspect.
Oral Copulation
Oral Copulation
PC 288a(j)
Felony

The victim submits under the belief that the person committing the act is his or her spouse.
Oral Copulation
Oral Copulation
PC 288a(k)
Felony

The act is committed by a public official under threat of incarceration, arrest, or deportation of the victim or another person.
Oral Copulation
Penetration with a Foreign Object
PC 289
Felony

To arrest a subject for penetration with a foreign object, the necessary crime
elements include:
• the use of a foreign or unknown object for purposes of sexual arousal, gratification, or abuse
• to penetrate, however slight,
• the genital or anal openings
• against the person’s will or causes another person to penetrate
• under the conditions outlined on the chart on page 1-22.
Penetration with a Foreign Object
Penetration with a Foreign Object
PC 289(a)
Felony

Against the victim’s will by force, fear, or retaliation.
Penetration with a Foreign Object
Penetration with a Foreign Object
PC 289(b)
Felony

Victim incapable of consent due to mental disorder or developmental physical disability.
Penetration with a Foreign Object
Penetration with a Foreign Object
PC 289(c)
Felony

Person and victim confined in state hospital.
Penetration with a Foreign Object
Penetration with a Foreign Object
PC 289(d)
Felony

Victim is unconscious of the act.
Penetration with a Foreign Object
Penetration with a Foreign Object
PC 289(e)
Felony

Victim is prevented from resisting by intoxicating or anesthetic substance or any controlled substance, and this condition was known, or reasonably should have been known, by the person.
Penetration with a Foreign Object
Penetration with a Foreign Object
PC 289(f)
Felony

Person induces the belief that he or she is the victim’s spouse.
Penetration with a Foreign Object
Penetration with a Foreign Object
PC 289(g)
Felony

Under the color of authority.
Penetration with a Foreign Object
Penetration with a Foreign Object
PC 289(h)
Felony

Victim under 18 years of age.
Penetration with a Foreign Object
Penetration with a Foreign Object
PC 289(i)
Felony

Victim under 16 years of age.
Penetration with a Foreign Object
Penetration with a Foreign Object
PC 289(j)
Felony

Victim under 14 years of age and person more than 10 years older.
Penetration with a Foreign Object
Sodomy
PC 286
Felony

To arrest a subject for sodomy, the necessary crime elements include:
• sexual conduct consisting of
• contact between
• the penis of one person and
• the anus of another person
• under the conditions outlined on the chart on page 1-22.
Sodomy
Sodomy
PC 286(b)(1)
Felony

Victim is under 18 years old.
Sodomy
Sodomy
PC 286(b)(2)
Felony

Victim is under 16 years old and person is over 21.
Sodomy
Sodomy
PC 286(c)
Felony

Victim is under 14 years old and is more than 10 years older

or

Act is accomplished against victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or any other person.
Sodomy
Sodomy
PC 286(d)
Felony

Sodomy in concert.
Sodomy
Sodomy
PC 286(e)
Felony

Sodomy while imprisoned.
Sodomy
Sodomy
PC 286(f)
Felony

Victim is unconscious of the nature of the act, and this is known to the perpetrator.
Sodomy
Sodomy
PC 286(g)
Felony

Victim is incapable, because of mental disorder or developmental or physical disability, of giving legal consent, and this is known, or reasonably should be known, to the person committing the act.
Sodomy
Sodomy
PC 286(h)
Felony

Sodomy while in a mental hospital.
Sodomy
Sodomy
PC 286(i)
Felony

Victim is prevented from resisting by any intoxicating or anesthetic substance or any controlled substance, and this condition is known, or reasonably should have been known, by the accused.
Sodomy
Sodomy
PC 286(j)
Felony

Sodomy by inducing the belief that the person is the victim’s spouse.
Sodomy
Sodomy
PC 286(k)
Felony

Sodomy under color of authority.
Sodomy
Sexual Battery
PC 243.4
Wobbler

To arrest a subject for sexual battery, the necessary crime elements include:
• the victim’s or person’s intimate part is touched
• without consent of the victim, and
• with specific intent to achieve sexual arousal, sexual gratification, or sexual abuse.

NOTE: For felony sexual battery, the victim must be unlawfully restrained and bare skin of an intimate part (either victim or person) must be touched.
Sexual Battery
Sexual Battery
PC 243.4(a)
Felony

- The victim is restrained by the accused or an accomplice,
and
- the skin of victim’s or person’s intimate part is touched.
Sexual Battery
Sexual Battery
PC 243.4(e)(1)
Misdemeanor

- The skin of victim’s intimate part is touched (or the victim is made to touch person), but
- the victim is not restrained.
Sexual Battery
Sexual Battery
PC 243.4(e)(1)
Misdemeanor

- The victim is restrained, but
- the victim’s bare skin is not touched.
Sexual Battery
Sexual Battery
PC 243.4
Wobbler
Sexual Battery