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44 Cards in this Set
- Front
- Back
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BATTERY
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PC 242 Misdemeanor
-any willful and unlawful use of force or violence upon the person of another. -Every battery contains the lesser crime of assault. |
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BATTERY CAUSING/INFLICTING SERIOUS BODILY INJURY
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PC 243(d) Felony
Elements of Battery plus: - concussion - Loss of consciousness - bone fracture - protracted loss or impairment of any member or organ - extensive suturing - serious disfigurement (any trip to ER) |
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BATTERY UPON A SPECIFIED PERSON
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PC 243(b) Misdemeanor
Battery on EMT, FF, PO, SPORTS OFFICIAL • engaged in the performance of their duty, sus. must reasonably know vic is PO, EMT, FF |
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BATTERY UPON SPECIFIED PERSON WITH TREATABLE INJURY
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PC 243(c)(1) Felony
Battery on EMT, FF, PO, SPORTS OFFICIAL with treatable injury. (GO TO HOSPITAL) |
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BATTERY ON SCHOOL PROPERTY
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PC 243.5 Misdemeanor
-Any school (K-12, college, JC) -during hours when school activities are being performed (class, games, fundraisors) *OFFICER CAN ARREST W/O WARRANT |
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ASSAULT WITH A DEADLY WEAPON
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PC 245 FELONY
• unlawful attempt, and • present ability (the present capability to accomplish the act of applying force.) • to commit a violent injury • upon the person of another • by use of a deadly weapon, OR • force likely to produce GBI |
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ASSAULT WITH A FIREARM
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PC 245(a)(2) FELONY
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ASSAULT WITH OTHER THAN A FIREARM ON A PEACE OFFICER
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PC 245(c) FELONY
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ASSAULT WITH A FIREARM UPON A PEACE OFFICER OR FIREFIGHTER
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PC 245(d) FELONY
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ASSAULT WITH CAUSTIC CHEMICALS
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PC 244 FELONY
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ASSAULT WITH A STUNGUN OR TASER
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PC 224.5 MISD/FELONY
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EXAMPLES OF PHYSICAL FORCE WITH A DEADLY WEAPON OR CAUSING GREAT BODILY INJURY
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• throwing a hard object ( a rock, full beer can, etc.)
• kicking or beating someone severely • throwing someone against or off something -It is not necessary that an actual injury result from the assault. However, if an injury does occur, additional punishments may apply. |
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ELDER OR DEPENDENT ABUSE
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PC 368 FELONY/MISD DEPENDING
• 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, or • violates any provision of law proscribing theft or embezzlement to the property of that elder or dependent adult |
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ELDER OR DEPENDENT ABUSE/ENDANGERED, MENTAL SUFFERING, ETC
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PC 368(b) FELONY
Any person who knows or should know person is elder or dependent adult in conditions likely to produce Gross bodily injury or death allows dependent adult or elder: • 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. |
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ELDER or DEPENDENT ABUSE/ ENDANGERMENT
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PC 368(c) Misdemeanor
Any person who knows or reasonably should know that person is elder or dep. adult and who, under circumstances or conditions other than those likely to produce Gross bodily injury or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable pain or mental suffering, or having 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 my be endangered. |
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ELDER OR DEPENDENT ABUSE/ THEFT or EMBEZZLEMENT
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PC 368(d), PC 368(e) M or F
• any person or caretaker who • who violates provisions for theft/embezzlement • with respect to the property of the elder or dependent adult |
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ELDER or DEPENDENT ABUSE/ FALSE IMPRISONMENT
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PC 368(f) FELONY
• any person who commits false imprisonment of elder or dependent • by use of violence, mnace, or deceit |
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ELDER
(defined) |
Any person over 65 y/o
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DEPENDENT ADULT
(defined) |
Any person between 18-64 y/o with physical or mental limitations which restrict his or her ability to carry out normal activities or protect his or her rights.
- persons who have physical or developmental disabilities or diminished because of age - 18-64 y/o who is admitted as inpatient to a 24 hour health facility |
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KIDNAPPING
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PC 207(a) FELONY
• unlawful taking of a person • against his or her will • by force or fear • from one place to another *movement involved does not refer to distance, but if vic was exposed to additional danger because of movement |
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AMOUNT OF FORCE IN KIDNAPPING
(defined) |
force used to effect kidnapping does not need to be physical force. as long as suspect gives orders which the vic feels compelled to obey, and vic reasonably believes some kind of harm will occur if he or she doesn't cooperate, the force used is sufficient to complete crime of kidnapping.
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KIDNAPPING CHILD UNDER 14
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PC 207(b) FELONY
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KIDNAPPING FOR RANSOM
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PC 209 FELONY
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TAKING OF HOSTAGES
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PC 210.5 FELONY
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FALSE IMPRISONMENT
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PC 236 MISD./FELONY
• unlawful violation • of the personal liberty • of another *FELONY if accomplished by means of violence, menace, fraud, or deceit. |
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FALSE IMPRISONMENT CAN BE ACCOMPLISHED BY:
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• restraining
• confining • detaining, or • compelling someone to stay or go somewhere w/o their consent |
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CHILD ABDUCTION WITHOUT CUSTODIAL RIGHTS
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PC 278 FELONY
• every person • not having the right of custody, who • maliciously takes, entices away, keeps, withholds, or conceals • any minor child • w/ intent to detain or conceal • from a person having lawful custody |
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CHILD ABDUCTION WITH CUSTODIAL RIGHT
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PC 278.5 FELONY
• every person who entices away, keeps, w/holds, or conceals • w/ intent to deprive • the other person of his/her rights to custody or visitation |
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ROBBERY
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PC 211 FELONY
• taking of personal property of another • from the person or immediate presence • against the person's will • accomplished by means of force or fear |
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ROBBERY OF HIRED VEHICLE
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PC 212.5(a) FELONY
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ROBBERY AT AN ATM
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PC 212.5(b) FELONY
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CARJACKING
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PC 215 FELONY
• taking of a motor vehicle • fro the person or immediate presence • of a possessor or passenger • by means of force or fear • w/ intent to either permanently or temporarily deprive the possessor or passenger |
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COMPLETING THE CRIME OF CARJACKING
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suspect has completed carjacking once he/she has dominion and control of the vehicle.
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KIDNAPPING WHILE CARJACKING
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PC 209.5 FELONY
• during the commission of carjacking • in order to facilitate carjacking • kidnaps another person who is not a principal in the commission of carjacking |
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MURDER
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PC 187 FELONY
• unlawful killing of a human being or fetus • with malice aforethought -Homicide is the taking of life by another human being. -Standard description regarding murder of a fetus is the viability of the fetus outside the womb. |
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MALICE AFORETHOUGHT
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The state of mind manifesting an intent to kill or conscious disregard of human life, OR Implied when the killer, although not intending to kill, manifests a conscious disregard for life.
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FIRST DEGREE MURDER CONDITIONS
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PET PoLy
• premeditated • explosives (WMD's, destructive devices, and metal or armor piercing ammo) • torture • poison • lying in wait |
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FELONY MURDER RULE
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the state of mind of malice aforethought is implied in these crimes:
• arson • robbery • burglary • mayhem • train wrecking • rape • carjacking • kidnapping • drive by shooting |
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VOLUNTARY MANSLAUGHTER
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PC 192 FELONY
• unlawful killing of a human being without malice • upon a sudden quarrel or heat of passion |
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INVOLUNTARY MANSLAUGHTER
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PC 192(b) FELONY
• 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 or circumspection |
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IMPERFECT SELF-DEFENSE
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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. |
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VEHILCULAR MANSLAUGHTER
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Vehicular manslaughter depends on two elements: The intoxication or condition of the driver, the level of negligence displayed by the driver.
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VEHILCULAR MANSLAUGHTER FELONIES
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-Gross negligence while intoxicated PC 191.5
-Gross negligence while not intoxicated PC 192(c)(1) -Ordinary negligence while intoxicated PC 192(c)(3) |
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VEHILCULAR MANSLAUGHTER MISDEMEANOR
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Ordinary negligence while not
intoxicated PC 192(c)(2) |
