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33 Cards in this Set
- Front
- Back
Penal Code Section 136.1(a) |
The crime of preventing or dissuading witnesses or victims by intimidation to testify. To arrest a person for the intimidation of witnesses or victims to testify, the necessary crime elements include: • any person who knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law (Penal Code Section 136.1(a)(2)) • every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following including but not limited to: 1) making any report of that victimization to any Peace Officer (Penal Code Section 136.1(b)(1)), causing a complaint to be sought or assisting in the prosecution (Penal Code Section 136.1(b)(2)), arresting the suspect (Penal Code Section 136.1(b)(3)). The crime of intimidating witnesses or victims is a felony. |
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Penal Code Section 136.1(b)(1) |
The crime of preventing or dissuading witnesses or victims from reporting that victimization to any Peace Officer To arrest a person for the intimidation of witnesses or victims to testify, the necessary crime elements include:• every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following including but not limited to: 1) making any report of that victimization to any Peace Officer (Penal Code Section 136.1(b)(1)). The crime of intimidating witnesses or victims is a felony. |
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witness - Penal Code Section 136(2) |
A witness (Penal Code Section 136(2)), is any person: • whose declaration under oath is received, or has been received, as evidence for any purpose • who has reported any crime • who has been served a subpoena • who could be believed by any reasonable person to be one of the above |
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victim - Penal Code Section 136(3) |
A victim is any natural person with respect to who there is reason to believe that any crime as defined under the laws of this state or any other state or of the United States is being or has been perpetrated or attempted to be perpetrated. (Penal Code Section 136(3)) |
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Malice - Penal Code Section 136(1) |
Malice means an intent to vex, annoy, harm, or injure another person. (Penal Code Section 136(1)) |
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Penal Code Section 140(a) |
Threats of retaliation. To arrest a person for threats of retaliation, the necessary crime elements include: • or threatens to use force or violence • upon the person of a witness to, or a victim of • a crime or • any other person, or • to take, damage, or destroy • any property of • any witness, victim, or any other person • because the witness, victim or other person • has provided any assistance or information • to a law enforcement officer or • to a public prosecutor in a criminal proceeding or • juvenile court proceeding. The crime of threats of retaliation is a felony. |
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Penal Code Section 166(a)(4) |
The crime of violation of a court order. To arrest a person for violation of a court order, the necessary crime elements are: • willfully disobeying • the written terms of any process or court order, or out-of-state court order • lawfully issued by any court The crime of violation of a court order is a misdemeanor |
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Penal Code Section 148(a)(1) |
The crime of resisting, delaying, or obstructing any public officer, peace officer, or emergency technician. To arrest a person for resisting, delaying, or obstructing any public officer, peace officer, or emergency technician, the necessary crime elements are: • willfully resists, delays, or obstructs • any public officer, peace officer, or emergency technician • in the discharge or the attempt to discharge • any duty of that officer’s office or employment. The crime of resisting, delaying, or obstructing any public officer, peace officer, or emergency technician is a misdemeanor. |
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Penal Code Section 69 |
The crime of obstructing or resisting an executive officer. To arrest a person for obstructing or resisting an executive officer the necessary crime elements are: • to deter or prevent • any executive officer from the performance of that officer’s duties, or • knowingly resists any executive officer • by the use of force or violence in the performance of that officer’s duties. It is a felony to attempt to deter or prevent executive officers from the performance of their duties. This includes a threat of future harm against the officer. |
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Penal Code Section 71 |
The crime of threatening public officers and employees, and school officials. To arrest a person for threatening a public officer the necessary crime elements are:
• any: • to do or refrain from doing • any act in the performance of their duties • by means of a threat • directly communicated to the person • to inflict an unlawful injury upon that person or that person’s property, and • it reasonably appears that the threat could be carried out
It is a felony to use threats to prevent public officers from performing their duties. |
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Penal Code Sections 148(c) |
The crime of removing or taking a firearm from an officer To arrest a person for removing or taking a firearm, or attempting to remove or take a firearm from an officer, the necessary crime elements are: • during the commission of any offense described in (Penal Code Section 148(a)(1)) (resisting, delaying, or obstructing any public officer, peace officer, or emergency technician) • removes or takes a firearm (Penal Code Section 148(c)) • from the person or from the immediate presence of • a public officer or peace officer Felony |
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Penal Code Section 148(d) |
The crime of attempting to remove or take a firearm from an officer To prove Penal Code Section 148(d), one or more of the following must occur: • the firearm was partially removed from the officer’s holster by the defendant (Penal Code Section 148(d)(2) • the firearm safety was released by the defendant (Penal Code Section 148(d)(3)) • an independent witness corroborates that the defendant stated that he intended to remove the firearm and that the defendant actually touched the firearm (Penal Code Section 148(d)(4)) • an independent witness corroborates that the defendant actually had his hand on the firearm and tried to take it from the officer who was holding it (Penal Code Section 148(d)(5)) • the defendant’s fingerprint was found on the firearm or holster (Penal Code Section 148(d)(6)) • physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm (Penal Code Section 148(d)(7)) • in the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up (Penal Code Section 148(d)(8)) Felony |
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Penal Code Section 148(b) |
The crime of removing or taking any weapon other than a firearm from the person or immediate presence of an officer. To arrest a person for removing or taking any weapon other than a firearm from an officer, the necessary crime elements are: • during the commission of any offense described in Penal Code Section 148(a) (resisting, delaying, or obstructing any public officer, peace officer, or emergency technician) • removes or takes • any weapon other than a firearm • from the person of • or in the immediate presence of • a public officer or peace officer • while that officer is engaged in the performance of the officer’s duties. The crime of removing or taking any weapon other than a firearm from an officer is a felony. |
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Penal Code Section 836.6(a) |
The crime of attempting to escape, or escaping from the custody of a peace officer after being remanded by a magistrate or judge |
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Penal Code Section 836.6(b) |
The crime of attempting to escape or escaping from custody of a Peace Officer who knows or should know he has been arrested |
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Escape from the custody of a peace officer - Crime elements |
To arrest a person for attempting to escape, or escaping from the custody of a peace officer, the necessary crime elements are: • remanded by a magistrate or judge to the custody of a sheriff, marshal or other police agency, and • thereafter escapes or attempts to escape from that custody, or • any person who has been • lawfully arrested by a peace officer, and • who knows or reasonably should have known that he/she was arrested, and • who thereafter escapes or attempts to escape from the peace officer
The crime of escape or escaping from the custody of a peace officer is a misdemeanor. If the escape or attempted escape is by force or violence and causes serious bodily injury to the peace officer, the crime of escape or escaping from the custody of a peace officer is a felony. |
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Penal Code Section 4530(a) |
The crime of attempting to escape or escaping from a state prison through the use of force or violence. To arrest a person for attempting to escape, or escaping from a state prison through the use of force or violence, the necessary crime elements are (Penal Code Section 4530(a)): • every prisoner committed to a state prison who, • by force or violence, • escapes or attempts to escape |
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Penal Code Section 4530(b) |
The crime of attempting to escape or escaping from a state prison without the use of force or violence. To arrest a person for the crime of attempting to escape or escaping from a state prison without the use of force or violence, the necessary crime elements are (Penal Code Section 4530(b)): • commits an escape or • attempts an escape as described in subdivision (a) • without force or violence |
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Penal Code Section 4530(c) |
A prisoner’s willful failure to return from temporary release, such as work or education release, at the specified time is considered an escape |
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Escape from a state prison - Classification |
The crime of attempting to escape or escaping from a state prison with or without the use of force is a felony. |
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Penal Code Section 4532 |
The crime of escaping from county or city jail or home detention. To arrest a person for escaping from county jail or city jail or home detention the necessary crime elements are: Felony. |
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Penal Code Section 4550 |
The crime of attempting to rescue or rescuing a prisoner by one person. To arrest a person for the crime of attempting to rescue or rescuing, the necessary crime elements are: • rescues or attempts to rescue, or • aids another in rescuing or attempting to rescue • any prisoner from any: The crime of attempting to rescue or rescuing is a felony. |
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Penal Code Section 405a |
The crime of lynching. To arrest a person for the crime of lynching, the necessary elements are: • by means of a riot • of any person • from the lawful custody of any peace officer
NOTE: It is not necessary that people who commit the crime of lynching intend to or actually do harm to the person they have taken. Every person who participates in a lynching is guilty of a felony. (Penal Code Section 405b) |
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Penal Code Section 148.9 |
The crime of presenting a false identification to a peace officer. In order to arrest a person for presenting a false identification to a peace officer, the necessary crime elements are: • to a peace officer • upon a lawful detention or arrest • to evade the: The crime of presenting a false identity to a peace officer is a misdemeanor. |
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Vehicle Code Section 31 |
Providing false information to a peace officer at this phase enforcing violations of the vehicle code is a misdemeanor. |
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Penal Code Section 529 |
False personation of another in private or official capacity; bail or surety; verification, publication or acknowledgement of instrument; acts imposing liability or conferring benefit; punishment. |
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Penal Code Section 148.5 |
The crime of falsely reporting a criminal offense. In order to arrest a person for the crime of falsely reporting a criminal offense, the necessary crime elements are: • that a felony or misdemeanor has been committed • knowing that the report is false. The crime of falsely reporting a criminal offense is a misdemeanor. |
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Emergency - Penal Code Section 148.3(a) |
An emergency is any condition which results in, or could result in, the response of a public official in an authorized emergency vehicle, (e.g., patrol vehicle, ambulance, fire equipment, etc.), or any condition that jeopardizes public safety and results or could result in evacuation. (Penal Code Section 148.3(c)) |
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Penal Code Section 148.3(a) |
The crime of falsely reporting an emergency. Any individual who reports, or causes any report to be made, to any city, county, city and county, or state departments, district, agency, division, commission, or board, that an “emergency” exists, knowing that the report is false, is guilty of a misdemeanor |
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Penal Code Section 148.3(b) |
Any individual who reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, than an “emergency” exists, and who knows that the report is false, and who knows or should know that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death is sustained by any person as a result of the false report, is guilty of a felony. |
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Penal Code Section 148.1(a) |
The crime of falsely reporting a destructive device. To arrest a person for the crime of falsely reporting a destructive device, the necessary elements are: • that a bomb or other explosive • has been, or will be • placed or hidden in any public or private place • knowing that the report is false The crime of falsely reporting a bomb, or other explosive is a felony. |
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Penal Code Section 407 |
The crime of unlawful assembly. To arrest a person for unlawful assembly, the necessary crime elements are: • to do:
The unlawful act during an assembly does not have to be violent to substantiate an unlawful assembly (e.g., acts of civil disobedience such as blocking an entry way or occupying an area illegally). The crime of unlawful assembly is a misdemeanor. |
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Penal Code Section 416(a) |
The crime of refusal to disperse. To arrest a person for refusing to disburse, the necessary elements are: • not dispersing on being desired or commanded to do so by a public officer
Anyone who refuses or fails to disperse after being commanded to do so is guilty of a misdemeanor. |