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43 Cards in this Set
- Front
- Back
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child harm, injury, endangerment
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273a PC
-any person -willfully causing/permitting a child to suffer OR -inflicting unjustifiable physical pain / mental suffering OR -having the care/custody of a child and willfully causing/permitting that child be placed in a situation that their person or health is endangered |
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273a PC classification
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273a(a) FELONY gbi
273a(b) MISDO non gbi 273ab FELONY under 8 death |
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Physical abuse of a child / corporal injury
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273d
-anyone who willfully inflicts upon a child -any cruel or inhuman, corporal punishment or an injury -resulting in a traumatic condition -general intent -FELONY |
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traumatic condition
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-wound or external / internal injury minor or serious caused by physical force
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lewd or lascivious acts with a child
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288 PC-any person willfully committing any lewd or lascivious act-upon or with the body of a child, WITH-intent of arousing, appealing, gratifying sexual desires-when the child is under 14-OR the child is 14 or 15 and suspect is more than 10 years older than the victim.-FELONY-bare skin not required-sexual parts not required, just arousal-includes compelling to touch self
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lascivious act
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any act which has a tendency to excite lust
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lewd act
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act committed with disregard of social constraints
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288(b)(1) PC
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-act committed by use of force, violence, duress, menace, or fear of immediate and unlawful injury of the child or another person
-FELONY |
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288.5 PC
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continual sexual abuse
-when an offender has recurring access to a child under the age of 14 and commits 3 or more felonies over a period of at least 3 months -FELONY |
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288.2(a) PC
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every person who
-with knowledge that a person is a minor -or fails to exercise reasonable care in ascertaining the true age of a minor, -knowingly distributes, sends, exhibits, or offers to,....live or recorded phone messages, harmful matter, (sect 313) for purposes of seducing a minor, -is guilty of a FELONY -288.2(b) = internet version of 288.2(a) |
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288.7(a)
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any adult who engages in sexual intercourse or sodomy with a child 10 and under
-FELONY |
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288.7(b)
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any adult who engages in oral copulation or sexual penetration (sect 289) with a child 10 and under
-288.7(b) |
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annoying or molesting a child
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647.6 PC
-any person -annoying or molesting -any child under the age of 18 -MISDO unless -commits act after entering dwelling w/o consent FELONY 647.6(b) -prior 647.6 FELONY 647.6(c)(2) -prior 288, 311.4 647.6(c)(2) |
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possession of child pornography
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311.11 PC
-knowingly possesses, OR -controls in any manner, -showing a cild under the age of 18 -engaging in or simulating sexual conduct -FELONY |
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311.11 may include
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-developed or undeveloped film
-negatives -photocopies -filmstrips -slides -videotapes or laser discs -books, magazines, newspapers, written material photographic in nature -computer hardware/software |
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311.11 does not include
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-drawings
-figurines -statues -film rated by MPAOA -phone messages when transmitted, disseminated, or distributed as part of a commercial transaction -nudity alone may not constitute porn |
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311.4(d)
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examples of sexual conduct
-sexual intercourse -oral copulation -anal intercourse -anal-oral intercourse -masturbation -bestiality -sexual sadism -sexual masochism -penetration of vagina or rectum by any object in a lewd or lascivious manner -exhibition of the genitals, pubic, or rectal area for the purposes of sexual stimulation -any lewd or lascivious act as defined in 288 PC or -excretory functions performed in a lewd or lascivious manner |
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311.1(a)
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manufacturing or distributing child pornography
-FELONY |
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child rape
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261.5 PC-sexual intercourse-with a minor under 18-who is not the spouse of the perpetrator-FELONY age difference > 3 yrs-MISDO age difference =< 3 yrs
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11166 PC
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mandates certain professions required to report any incident with direct knowledge, or reasonable suspicion a child has been a victim of child abuse.
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11166 PC professions
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-child care custodians (teachers, peace officers)
-health practitioners -employees of cps -child visitation monitors -firefighters -clergy (except confessional) -animal control officers -humane society officers -commercial film processors |
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child protective agency
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-county welfare
-department of social services -dept of child services -child welfare -probation dept -police or sheriff -DOES NOT include school police or security |
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reporting requirements
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-telephone immediately
-written report in 36 hours (even if child is dead) |
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phone report requirements
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-name child
-name reporter -location of child -nature and extent of injuries -current condition of child -facts that lead to suspicion of abuse |
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written report requirements
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-name/age child
-name reporter -location of child -nature and extent of injuries -condition of child when abuse was reported -facts that lead to the suspicion of abuse -relationship to suspected abuser -nature of suspected abuse -history of previous abuse |
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11166(b) PC
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failure to report suspected child abuse
-MISDO |
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11172 PC
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immunity from liability for anyone who in good faith reports suspected child abuse.
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11167 Pc
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ensures that the identity of a person reporting child abuse shall be confidential.
-following can have access -CPS -counsel of CPS -DA -Licensing agency of care home -others pursuant to a court order |
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11167.5 PC
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mandates that reports child abuse reports shall be confidential and may be disclosed only to;
-investigating agency -DOJ working with CPS -multi-discilinary personnel -child care facilities licensing parties -state dept of social services -hospital scam teams -coroners and medical examiners when working on child -board of prison terms -child placement agency -person listed by DOJ in the Child Abuse Central Index -out of state law enforcement conducting investigation of child abuse or neglect -chairperson of a county child death review team |
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violation of confidentiality of child abuse report
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11167.5 MISDO
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to entera residence, a peace officer must have
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-a warrant
-exigent circumstances -valid consent |
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exigent circumstances
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-imminent danger to person's life or safety
-serious damage to property -imminent escape of suspect -evidence is about to be destroyed or removed |
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people v brown
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1970 officer intervened based upon call from known informant that child abuse was currently in progress. Officer had visited home before and had reports from probation officer of same issues. Courts ruled in officers favor.
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dawn o
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1976 officer entered residence in attempt to determine if there was a child alone in the house. Courts ruled in officer's favor.
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people v sutton
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1976 officer entered residence after being told that there were children inside and witnessing a woman arrive home intoxicated. Fearing there were children inside and the intoxicated woman could not care for them, the officer entered to find 2 infants. Courts ruled in officers favor.
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people v payne
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1977 officers entered dwelling after reliable source informed them of child abuse and they witnessed the defendant take a child into the residence.
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people v miller
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1999 officer entered a dwelling which was the residence of a 2 year old found wandering the streets of a neighborhood. The officer entered to determine if there was anyone home to care for the child and if they needed help. The courts ruled in the officers favor.
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child abuse is the leading cause of childhood death in the U.S.
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true
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11165.6 PC
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child abuse is
-a physical injury -which is inflicted by other than accidental means -on a child -by another person -including sexual abuse, neglect, willful cruelty, unjustifiable or corporal punishment / injury, neglect or abuse in out of home care. |
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categories of child abuse
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physical 273(d) PC
neglect 273a(a) PC FELONY 273 a(b) MISDO mental 273d PC sexual 288 PC |
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W&I 305
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peace officers have authority to take a minor into temporary protective custody if there is potential abuse
W&I 300(a-e) |
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W&I 324.5
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-when a minor is taken into custody,
-related to allegations of sexual abuse, -the peace officer can authorize a forensic exam, -if the parent refuses or is unable to authorize |
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when interviewing a child victim of abuse
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-maintain control of interview conditions / environment-take time to build rapport-use techniques appropriate for the child's age-who what where when how, be careful with why-explain what will happen next
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