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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.
PC 242
Battery

- misdemeanor
PC 243(b)
Battery upon specified person

- misdemeanor
PC 243(c)(1)
Battery upon specified person with injury

- felony
PC 243(f)(4)
Battery causing/inflicting serious bodily injury

- felony
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
PC 245
Assault with a deadly weapon or by means of force

-felony
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.
PC 368(b)
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
PC 368(c)
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
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)
PC 368(f)
Any person who commits false
imprisonment of an elder or dependent
adult by use of violence, menace, fraud or
deceit.
felony
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.
PC 207(a)
Kidnapping is a felony.

Kidnapping a child under 14 felony 207(b)

Kidnapping for ransom felony 209

Taking of hostages felony 210.5
Elements of False Imprisonment
PC 236
• unlawful violation
• of the personal liberty
• of another.
PC 236
False Imprisonment is a misdemeanor

False imprisonment if accomplished by means of violence, menace, fraud, or
deceit, is a felony.
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.
PC 278
Child abduction without custodial right is a felony.
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.