Penal Code Definitions

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187

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1. The defendant committed an act that caused the death of another person (or fetus)

2. The defendant acted with “malice”

3. The defendant killed with out a lawful excuse or justification

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207: kidnapping

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1. The defendant took,held, or detained another person by force or by instilling fear in that other person.

2. Using force or fear, the defendant moved the other person a substantial distance. This was done without the persons consent.

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211: Robbery

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1. The defendant took property that did not belong to him/her.

2. The property was taken from another persons possession and immediate presence.

3. The property was taken against the persons will

4. The defendant used force or fear to take the property or to prevent the other person from resisting.

5. And when the defendant used force or fear to take the property, he or she intended to take it away from the other person permanently or for such an extended period of time that the owner would be deprived of the value or enjoyment of the property.

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647(f) Public Intoxication

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1. The defendant was willfully under the influence of alcohol or drugs or both

2.when the defendant was under the influence,he or she was in a public place

3. And the defendant was unable to exercise care for his or her own safety (or the safety of others)

4. Or because the defendant was under the influence,he or she interferes with, obstructed or prevented the free use of a street,sidewalk or other public way.

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242: Battery

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A battery is any willful and unlawful use of force or violence upon the person of another.

1. Misdemeanor: the defendant intentionally and unlawfully restrained,detained or confined another person

ii. The defendant made the person stay or go somewhere against that persons will.

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459:Burglary

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Every person who enters any house,room,apartment,tenement,shop,warehouse,store,mill,barn,stable,outhouse,or other building,tent,vessel etc.

1. The defendant entered a building,room within a building, or locked vehicle and

2. When he or she entered into the building,room or vehicle,he or she intended to commit theft or a felony.

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459.5: shoplifting

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Entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed 950$.

1. The defendant entered a building, room within a building or locked vehicle and

2. When he or she entered into the building, room or vehicle, he or she intended to commit theft or felony.

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594: vandalism

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Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own

1. The defendant maliciously

- defaced property with graffiti or inscribed material

-damaged

-or destroyed property

2. And the defendant did not own the property or have the owners consent.

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273: Child neglect/abuse

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Any person who,under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts Theron unjustifiable physical pain or mental suffering, or having the care or custody of any child.

1. The defendant intentionally inflicted unjustifiable physical pain or mental suffering on a child, caused such pain or suffering, or allowed such pain/suffering to occur while the child was in his or her custody.

2. There were circumstances or condition present likely to produce great bodily harm or death.

3. The defendant was criminally negligent

4. The defendant did not act while reasonably disciplining a child

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368: Crimes against elders and dependent adults

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Felony level:

1. The defendant willfully or with criminal negligence subjected an elderly person to unjustifiable physical pain or mental suffering.

2. The conduct occurred under circumstances likely to produce great bodily injury or death.

3. And the defendant knew or should have known the victim as 65 years old or older.

Misdemeanor level:

1. The defendant willfully or with criminal negligence subjected an elderly person to unjustifiable physical pain or mental suffering.

2. The conduct occurred under circumstances that may endanger the life or health of the elderly person

3. And the defendant knew or should have known the victim was 65yrs old or older.

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835a

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Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.

A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance of the person being arrested;nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance .