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19 Cards in this Set
- Front
- Back
Elements of Battery
PC 242 |
• willful and unlawful
• use of force or violence • on the person of another. NOTE: Every battery contains the lesser crime of assault. |
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PC 242
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Battery
- misdemeanor |
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PC 243(b)
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Battery upon specified person
- misdemeanor |
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PC 243(c)(1)
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Battery upon specified person with injury
- felony |
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PC 243(f)(4)
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Battery causing/inflicting serious bodily injury
- felony |
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Elements of:
assault with a deadly weapon or by means of force PC 245 |
• 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 |
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PC 245
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Assault with a deadly weapon or by means of force
-felony |
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Elements of elder or dependent adult abuse
PC 368 |
• any person who willfully causes or permits an elder or dependent adult to
suffer or inflicts unjustifiable physical pain or mental suffering, or • 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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PC 368(b)
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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 |
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PC 368(c)
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Any person who knows or reasonable
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 |
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PC 368(d)
PC 368(e) |
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) |
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PC 368(f)
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Any person who commits false
imprisonment of an elder or dependent adult by use of violence, menace, fraud or deceit. felony |
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Elements of:
PC 207(a) Kidnapping |
• 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. |
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PC 207(a)
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Kidnapping is a felony.
Kidnapping a child under 14 felony 207(b) Kidnapping for ransom felony 209 Taking of hostages felony 210.5 |
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Elements of False Imprisonment
PC 236 |
• unlawful violation
• of the personal liberty • of another. |
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PC 236
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False Imprisonment is a misdemeanor
False imprisonment if accomplished by means of violence, menace, fraud, or deceit, is a felony. |
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Elements of child abduction without custodial right
PC 278 |
• 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. |
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PC 278
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Child abduction without custodial right is a felony.
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Elements of Child abduction with custodial right
PC 278.5 |
• 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. |