Ld-10

Front 1

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).

Back 1

Consent

Front 2

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.

Back 2

Consent

Front 3

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.

Back 3

Consent

Front 4

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.

Back 4

Consent

Front 5

Consent
PC 261(a)(1)

When the victim is incapable due to mental disorder, or developmental or physical disability.

Back 5

Consent

Front 6

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.

Back 6

Consent

Front 7

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.

Back 7

Consent

Front 8

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.

Back 8

Consent

Front 9

Consent
PC 261.5

Minor below the age of 18

Back 9

Consent

Front 10

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.

Back 10

Consent

Front 11

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.

Back 11

Rape

Front 12

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.

Back 12

Assault with Intent to Commit Rape and Other Related Crimes

Front 13

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.

Back 13

Assault with Intent to Commit Rape and Other Related Crimes

Front 14

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.

Back 14

Indecent Exposure

Front 15

Indecent Exposure
PC 288(a)
Felony if...

Prior conviction for:
- lewd acts with a child.

Back 15

Indecent Exposure

Front 16

Indecent Exposure
PC 314
Felony if...

Prior conviction for:
- indecent exposure.

Back 16

Indecent Exposure

Front 17

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.

Back 17

Indecent Exposure

Front 18

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.

Back 18

Oral Copulation

Front 19

Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.

Back 19

Oral Copulation

Front 20

Oral Copulation
PC 288a(b)(1)
Felony

Participating in the act with another person under 18 years of age.

Back 20

Oral Copulation

Front 21

Oral Copulation
PC 288a(b)(2)
Felony

Victim is under 16 years of age and the suspect is over 21.

Back 21

Oral Copulation

Front 22

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.

Back 22

Oral Copulation

Front 23

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.

Back 23

Oral Copulation

Front 24

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.

Back 24

Oral Copulation

Front 25

Oral Copulation
PC 288a(d)
Felony

Oral copulation in concert.

Back 25

Oral Copulation

Front 26

Oral Copulation
PC 288a(e)
Felony

Oral copulation where a person is confined in a state prison or local facility.

Back 26

Oral Copulation

Front 27

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.

Back 27

Oral Copulation

Front 28

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.

Back 28

Oral Copulation

Front 29

Oral Copulation
PC 288a(h)
Felony

Oral copulation where both the victim and perpetrator are confined in a mental hospital.

Back 29

Oral Copulation

Front 30

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.

Back 30

Oral Copulation

Front 31

Oral Copulation
PC 288a(j)
Felony

The victim submits under the belief that the person committing the act is his or her spouse.

Back 31

Oral Copulation

Front 32

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.

Back 32

Oral Copulation

Front 33

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.

Back 33

Penetration with a Foreign Object

Front 34

Penetration with a Foreign Object
PC 289(a)
Felony

Against the victim’s will by force, fear, or retaliation.

Back 34

Penetration with a Foreign Object

Front 35

Penetration with a Foreign Object
PC 289(b)
Felony

Victim incapable of consent due to mental disorder or developmental physical disability.

Back 35

Penetration with a Foreign Object

Front 36

Penetration with a Foreign Object
PC 289(c)
Felony

Person and victim confined in state hospital.

Back 36

Penetration with a Foreign Object

Front 37

Penetration with a Foreign Object
PC 289(d)
Felony

Victim is unconscious of the act.

Back 37

Penetration with a Foreign Object

Front 38

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.

Back 38

Penetration with a Foreign Object

Front 39

Penetration with a Foreign Object
PC 289(f)
Felony

Person induces the belief that he or she is the victim’s spouse.

Back 39

Penetration with a Foreign Object

Front 40

Penetration with a Foreign Object
PC 289(g)
Felony

Under the color of authority.

Back 40

Penetration with a Foreign Object

Front 41

Penetration with a Foreign Object
PC 289(h)
Felony

Victim under 18 years of age.

Back 41

Penetration with a Foreign Object

Front 42

Penetration with a Foreign Object
PC 289(i)
Felony

Victim under 16 years of age.

Back 42

Penetration with a Foreign Object

Front 43

Penetration with a Foreign Object
PC 289(j)
Felony

Victim under 14 years of age and person more than 10 years older.

Back 43

Penetration with a Foreign Object

Front 44

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.

Back 44

Sodomy

Front 45

Sodomy
PC 286(b)(1)
Felony

Victim is under 18 years old.

Back 45

Sodomy

Front 46

Sodomy
PC 286(b)(2)
Felony

Victim is under 16 years old and person is over 21.

Back 46

Sodomy

Front 47

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.

Back 47

Sodomy

Front 48

Sodomy
PC 286(d)
Felony

Sodomy in concert.

Back 48

Sodomy

Front 49

Sodomy
PC 286(e)
Felony

Sodomy while imprisoned.

Back 49

Sodomy

Front 50

Sodomy
PC 286(f)
Felony

Victim is unconscious of the nature of the act, and this is known to the perpetrator.

Back 50

Sodomy

Front 51

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.

Back 51

Sodomy

Front 52

Sodomy
PC 286(h)
Felony

Sodomy while in a mental hospital.

Back 52

Sodomy

Front 53

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.

Back 53

Sodomy

Front 54

Sodomy
PC 286(j)
Felony

Sodomy by inducing the belief that the person is the victim’s spouse.

Back 54

Sodomy

Front 55

Sodomy
PC 286(k)
Felony

Sodomy under color of authority.

Back 55

Sodomy

Front 56

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.

Back 56

Sexual Battery

Front 57

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.

Back 57

Sexual Battery

Front 58

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.

Back 58

Sexual Battery

Front 59

Sexual Battery
PC 243.4(e)(1)
Misdemeanor

- The victim is restrained, but
- the victim’s bare skin is not touched.

Back 59

Sexual Battery

Front 60

Sexual Battery
PC 243.4
Wobbler

Back 60

Sexual Battery