Ld 8 - General Criminal Statutes

Front 1

Definition of Lewd Conduct

Back 1

Touching/Soliciting someone to TOUCH the GENITALS, BUTTOCKS, or female BREASTS WITH INTENT to sexually arouse, gratify, annoy, or offend while in PUBLIC place/view.

Hint 1

Lewd rhymes with RUDE. It's rude to touch others inappropriately WITH INTENT to A G A O in P P or PV.

Front 2

Crime elements of lewd conduct

Back 2

1. person who SOLICITS or ENGAGES in
2. LEWD CONDUCT
3. in a PUBLIC PLACE or
4. a place open to PUBLIC VIEW

Front 3

Penal code section for Lewd Conduct

Back 3

647(a)

Hint 3

(a) - being an a-hole

Front 4

Classification for Lewd Conduct

Back 4

MISDEMEANOR

Front 5

T/F: Touching in lewd conduct is only to sexually arouse oneself.

Back 5

FALSE: Touching includes the touching of oneself or another.

Front 6

Define PUBLIC VIEW

Back 6

area that can be SEEN BY OTHERS

Front 7

Define PUBLIC PLACE

Back 7

area accessible to GENERAL PUBLIC (i.e. park, street, movie theater, dept. stores, public offices)

Front 8

Define Prostitution

Back 8

Person SOLICITS another person or AGREES in any LEWD ACT for $$$$ or other consideration

Hint 8

Think about Pretty Woman, what did Richard Gere propose to Julia Roberts?

Front 9

Crime Elements fo prostitution

Back 9

1. Person who SOLICITS OR
2. AGRESS TO ENGAGE in, OR
3. ENGAGES IN
4. any act of prostitution, OR
5. some act is agreed to & done in the futherance of prostitution

Front 10

Penal Code section for prostitution

Back 10

647(b)

Hint 10

(b): Breasts, butts, BIA***

Front 11

Classification for prostitution

Back 11

MISDEMEANOR

Front 12

List (4) other penal code sections for prostitution (circumstances, classification, PC code)

Back 12

1. PIMPING 266(h) - Felony
2. PANDERING 266(i) - Felony
3. Prostitution w/ PRIOR CONVICTION AND + AIDS test - 647f
4. LOITERING w/ intent to commit prostitution 653.22

Front 13

Difference between PCs - 647f and 647(f)

Back 13

647f - Prostitution w/ PRIOR CONVICTION and + AIDS test, Felony
647(f) - Public Intoxication, MISDEMEANOR

Front 14

What does solicit mean?

Back 14

TO seek to INDUCE or try to OBTAIN

Front 15

Define loitering about a public toilet

Back 15

LINGERING in or about any toilet open to the public for purpose of ENGAGING in or SOLICITING any LEWD, LACIVIOUS (lustful), or UNLAWFUL act.

Front 16

Penal code section for Loitering About a Public Toilet

Back 16

647(d)

Hint 16

d - where do you take a dump?

Front 17

What are the crime elements for Loitering About a Public Toilet?

Back 17

1. LOITERING in or ABOUT
2. any toilet facility
3. OPEN to the public
4. for purpose of SOLICITING or ENGAGING in
5. a lewd, lacivious(lustful) or UNLAWFUL ACT

Front 18

Classification for Loitering About a Public Toilet

Back 18

MISDEMEANOR

Front 19

Define Public Intoxication

Back 19

person found in PUBLIC PLACE UNDER THE INFLUENCE (drugs/alcohol etc) to the extent that he/she can't care for safety of self or others, OR OBSTRUCTING street, sidewalk, or public way

Front 20

Penal code section for Public Intoxication

Back 20

647(f)

Front 21

Crime Element for Public Intoxication

Back 21

1. Person in PUBLIC PLACE
2. UNDER THE INFLUENCE (alcohol, drugs, etc) AND
3. unable to care for self, others, or obstructing public way

Front 22

Classification for Public Intoxication

Back 22

MISDEMEANOR

Front 23

What does it mean to disturb the peace?

Back 23

When a person's activity cause OFFENSE, DISTURBANCE, or OBSTRUCTION in a PUBLIC AREA

Front 24

What are (3) types of Disturbing the Peace and their PC section?

Back 24

1. Unlawful fighting, 415 (1)
2. Making loud & unreasonable noise 415 (2)
3. Using offensive words 415(3)

Front 25

What is unlawful fighting?

Back 25

Person unlawfully fights in PUBLIC PLACE or CHALLENGES another person in PUBLIC PLACE to fight

Front 26

What is making loud and unreasonable noise?

Back 26

Person who MALICIOUSLY and WILLFULLY disturbs another by loud & unreasonable noise

Front 27

What does it mean to use offensive words?

Back 27

When a person uses offensive words in PUBLIC PLACE which are inherently likely to provoke an IMMEDIATE VIOLENT REACTION.

Front 28

What is the classification for Disturbing the Peace?

Back 28

MISDEMEANOR

Front 29

Does the 1st Amendment protect people using offensive words?

Back 29

No! Only words, shouting, or cheering that are intended to express ideas are protected. Fighting words that provoke a VIOLENT REACTION is not. This reaction applies to everyone, including police officers.

Front 30

What are the (3) determining factors if noise is unreasonable?

Back 30

1. Time of day

2. Place where noise takes place

3. Manner in which noise is made

Front 31

What does it mean to obstruct a public way?

Back 31

Purposely forcing people to go out of their way.

Hint 31

Picketers / Strikers

Front 32

Define obstruction of public way.

Back 32

Person WILLFULLY and MALICIOUSLY OBSTRUCTS FREE MOV'T of another person on any street, sidewalk, or other public place

Front 33

What is Penal Code Section for obstruction of public way?

Back 33

647(c)

Hint 33

C - childish

Front 34

What are the crime elements for obstructing the public way?

Back 34

1. Person who WILLFULLY & MALICIOUSLY
2. OBSTRUCTS free movement of another
3. on any PUBLIC WAY

Front 35

What is the classification for obstructing the public way?

Back 35

MISDEMEANOR

Front 36

T/F: Arrest and successful prosectution depend on the development of probable cause

Back 36

TRUE (page 2-9)