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41 Cards in this Set

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BATTERY
PC 242 Misdemeanor
• willful and unlawful
• use of force or violence
• on the person of another
BATTERY CAUSING/INFLICTING SERIOUS BODILY INJURY
PC 243(d) Felony
Elements of Battery plus:
- concussion
- LOC
- bone fracture
- protracted loss or impairment of any member or organ
- extensive suturing
- serious disfigurement
(any trip to ER)
BATTERY UPON A SPECIFIED PERSON
PC 243(b) Misdemeanor
Battery on EMT, FF, LEO

• engaged in the performance of their duty, sus. must reasonably know vic is LEO, EMT, FF
BATTERY UPON SPECIFIED PERSON WITH TREATABLE INJURY
PC 243(c)(1) Felony
Battery on EMT, FF, LEO with treatable injury. (GO TO HOSPITAL)
BATTERY ON SCHOOL PROPERTY
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
ASSAULT WITH A DEADLY WEAPON
PC 245 FELONY
• unlawful attempt, and
• present ability
• to commit a violent injury
• upon the person of another
• by use of a deadly weapon, OR
• force likely to produce GBI
ASSAULT WITH A FIREARM
PC 245(a)(2) FELONY
ASSAULT WITH OTHER THAN A FIREARM ON A PEACE OFFICER
PC 245(c) FELONY
ASSAULT WITH A FIREARM UPON A PEACE OFFICER OR FIREFIGHTER
PC 245(d) FELONY
ASSAULT WITH CAUSTIC CHEMICALS
PC 244 FELONY
ASSAULT WITH A STUNGUN OR TASER
PC 224.5 MISD/FELONY
ELDER OR DEPENDENT ABUSE
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
ELDER OR DEPENDENT ABUSE/ENDANGERED, MENTAL SUFFERING, ETC
PC 368(b) FELONY
Any person who knows or should know person is elder or dependent adult in conditions likely to produce GBI 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.
ELDER or DEPENDENT ABUSE/ ENDANGERMENT
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 GBI 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.
ELDER OR DEPENDENT ABUSE/ THEFT or EMBEZZLEMENT
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
ELDER or DEPENDENT ABUSE/ FALSE IMPRISONMENT
PC 368(f) FELONY
• any person who commits false imprisonment of elder or dependent
• by use of violence, mnace, or deceit
ELDER
(defined)
Any person over 65 y/o
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
KIDNAPPING
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
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.
KIDNAPPING CHILD UNDER 14
PC 207(b) FELONY
KIDNAPPING FOR RANSOM
PC 209 FELONY
TAKING OF HOSTAGES
PC 210.5 FELONY
FALSE IMPRISONMENT
PC 236 MISD./FELONY
• unlawful violation
• of the personal liberty
• of another

*FELONY if accomplished by means of violence, menace, fraud, or deceit.
FALSE IMPRISONMENT CAN BE ACCOMPLISHED BY:
• restraining
• confining
• detaining, or
• compelling someone to stay or go somewhere w/o their consent
CHILD ABDUCTION WITHOUT CUSTODIAL RIGHTS
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
COURT ORDER or CUSTODY ORDER
(defined)
permanent or temporary custody determination decree, judgement, or order issued by a court of competent jurisdiction. the decree, which can be initial or modified, must affect the custody or visitation of a child, and must have been issued in the context of a custody proceeding. any order, once made, continues in effect until it expires, is modified, is rescinded, or terminates by operation of law.
OPERATION OF LAW
(defined)
means that natural parents have equal rights to custody of their children, in the absence of a court order
CUSTODIAL PROCEEDING
(defined)
means a hearing in which a custody determination is an issue including, but not limited to, an action for dissolution or separation, dependency, guardianship, termination of parental rights, adoption, paternity, or protection from DV proceedings including EPO's.
(IN THE ABSENCE OF A COURT ORDER, PARENTS HAVE EQULA RIGHTS OF CUSTODY TO THEIR CHILDREN)
CHILD ABDUCTION WITH CUSTODIAL RIGHT
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
ROBBERY
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
ROBBERY OF HIRED VEHICLE
PC 212.5(a) FELONY
ROBBERY AT AN ATM
PC 212.5(b) FELONY
CARJACKING
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
COMPLETING THE CRIME OF CARJACKING
suspect has completed carjacking once he/she has dominion and control of the vehicle.
KIDNAPPING WHILE CARJACKING
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
MURDER
PC 187 FELONY
• unlawful killing of a human being or fetus
• with malice aforethought
FIRST DEGREE MURDER CONDITIONS
PET PoLy
• premeditated
• explosives (WMD's, destructive devices, and metal or armor piercing ammo)
• torture
• poison
• lying in wait
FELONY MURDER RULE
the state of mind of malice aforethought is implied in these crimes:
• arson
• robbery
• burglary
• mayhem
• train wrecking
• rape
• carjacking
• kidnapping
• drive by shooting
VOLUNTARY MANSLAUGHTER
PC 192 FELONY
• unlawful killing of a human being without malice
• upon a sudden quarrel or heat of passion
INVOLUNTARY MANSLAUGHTER
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