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121 Cards in this Set

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Theft
PC 484

To arrest a subject for Theft, the necessary crime elements include:
• the taking and
• carrying away of
• personal property of another
• without consent
• with intent to permanently deprive the owner.
Theft
PC 484
Vehicle theft
VC 10851
Felony

To arrest a subject for Vehicle theft, the necessary crime elements include:
• the driving or taking of
• a vehicle not the person’s own
• without consent
• with intent to temporarily or permanently deprive the owner
• of title or possession of such vehicle.
Vehicle theft
Burglary
PC 459
Felony

To arrest a subject for Burglary, the necessary crime elements include:
• the entry to a building or specified structure
• with the intent to commit
• theft or any felony.
Burglary
Possession of burglary tools
PC 466
Misdemeanor

To arrest a subject for Possession of burglary tools, the necessary crime elements include:
• the possession of certain tools, or
• knowingly making, altering, or attempting to make a key or other instrument to fit or open the lock of a building without legal request,
• with the intent to break or enter into any specified structure,
• for the purpose of committing any misdemeanor or felony.
Possession of burglary tools
Possessing or Receiving Personal Property with Altered Serial Numbers or Identification Marks
PC 537e
Misdemeanor unless integrated computer chip or panel valued at $400 or more

To arrest a subject for Possessing or Receiving Personal Property with Altered Serial Numbers or Identification Marks, the necessary crime elements include:
• any person who knowingly buys, sells, receives, disposes of, conceals, or has in possession
• any personal property
• from which the manufacturer's serial number or any other distinguishing
• number or identification mark has been removed, defaced, covered, altered, or destroyed.
Possessing or Receiving Personal Property with Altered Serial Numbers or Identification Marks
Grand Theft
PC 487(a)
Felony

Property value exceeding $400.
Grand Theft
Grand Theft
PC 487(b)(1)
Felony

Agricultural products exceeding $100 (e.g., domestic fowl, fruit, nuts, vegetables, etc.).
Grand Theft
Grand Theft
PC 487(b)(2)
Felony

Aquacutural products exceeding
$100 (e.g., fish, algae, etc.).
Grand Theft
Grand Theft
PC 487(b)(3)
Felony

Property taken over a 12 consecutive month period totaling $400 or more and taken by a servant, agent, or employee of the owner.
Grand Theft
Grand Theft
PC 487(c)
Felony

Property taken from the person of another regardless of the value.
Grand Theft
Grand Theft
PC 487(d)
Felony

Certain designated livestock regardless of the value (e.g., horses, cattle, sheep, etc.).
Grand Theft
Grand Theft
PC 487(d)
Felony

Motor vehicles and firearms.
Grand Theft
Grand Theft
PC 666
Felony

Petty theft with prior theft-related conviction and jail time.
Grand Theft
Petty Theft
PC 488

All other thefts not categorized as grand theft.
Petty theft
Theft
PC 490.5
Wobbler (Felony if greater than $400)

Theft of retail merchandise or library materials.
Theft
Theft
PC 495
Wobbler (Felony if greater than $400)

Sever and remove fixtures or parts of realty.
Theft
Theft
PC 498
Wobbler (Felony if greater than $400)

Theft of utility services.
Theft
Access Card Theft
PC 484e(a)
Felony

Sell/transfer/convey an access card.
Access Card Theft
Access Card Theft
PC 484e(b)
Felony

Acquire > 4 access cards within 12 months.
Access Card Theft
Access Card Theft
PC 484e(c)
Misdemeanor

Acquire or possess access card with intent to use, sell, or transfer without consent.
Access Card Theft
Access Card Theft
PC 484e(d)
Felony

Acquire/retain access card information with intent to use fraudulently.
Access Card Theft
Access Card Theft
PC 484f(a)
Felony

Make/alter/use an access card.
Access Card Theft
Access Card Theft
PC 484f(b)
Felony

Forge signature with intent to defraud.
Access Card Theft
Access Card Theft
PC 484g
Felony

Use card or account information unlawfully obtained or altered; false representation of card ownership.
Access Card Theft
Access Card Theft
PC 484f(a)
Felony

Forge an access card.
Access Card Theft
Access Card Theft
PC 484g
Wobbler (can be classified as either a grand theft or petty theft, depending on value or nature of item(s) or service(s) stolen.)

Use card or account information unlawfully obtained or altered; false representation of card ownership.
Access Card Theft
Access Card Theft
PC 484h
Wobbler (can be classified as either a grand theft or petty theft, depending on value or nature of item(s) or service(s) stolen.)

Retailer with knowledge card is counterfeit, expired or revoked.
Access Card Theft
Access Card Theft
PC 484i(a)
Misdemeanor

Possess incomplete access card with intent to complete it without consent of issuer.
Access Card Theft
Access Card Theft
PC 484i(b)
Felony

Modify or alter access card magnetic stripe.
Access Card Theft
Access Card Theft
PC 484i(c)
Felony

Design, make, possess, or traffic in card making equipment with the intent to make counterfeit access cards.
Access Card Theft
Access Card Theft
PC 484f(b)
Felony

Forge access card transaction.
Access Card Theft
Access Card Theft
PC 484j
Misdemeanor

Publish (oral, written, via computer) access card, numbers, code.
Access Card Theft
Vehicle Theft
PC 499b
Misdemeanor

Temporarily using a bicycle, motorboat, or vessel without the permission of the owner.
Vehicle Theft
Vehicle Theft
VC 10855
Felony

Intentional failure to return a leased or rented vehicle within five days of expiration of agreement.
Vehicle Theft
Defrauding an Innkeeper
PC 537
Misdemeanor if value < $400

To arrest a subject for defrauding an innkeeper, the necessary crime elements
include:
• the obtaining of
• food, fuel, services, or accommodations
• at a designated facility without paying
• with intent to defraud the proprietor or manager.
Defrauding an Innkeeper
Burglary
PC 463(a),(b),(c)
Wobbler

Looting during an emergency.
Burglary
Burglary
PC 464
Felony

Opening or attempting to open a vault, safe or secure device with any device capable of burning through steel, concrete or any other solid substance.
Burglary
Burglary, First Degree
PC 460
Felony

Burglary of an inhabited dwelling, house, vessel, floating home, or trailer coach, or the inhabited portion of any other building.
Burglary, First Degree
Possessing or Receiving Personal property with Altered Serial Numbers or Identification Marks
PC 12090
Felony

Tampering with identification marks on a firearm.
Possessing or Receiving Personal property with Altered Serial Numbers or Identification Marks
Possessing or Receiving Personal property with Altered Serial Numbers or Identification Marks
VC 10750 & 10751
Misdemeanor

Tampering with vehicle identification numbers.
Possessing or Receiving Personal property with Altered Serial Numbers or Identification Marks
Possessing or Receiving Personal property with Altered Serial Numbers or Identification Marks
PC 12422
Felony

Tampering with identification marks on a tear gas weapon.
Possessing or Receiving Personal property with Altered Serial Numbers or Identification Marks
Receiving Stolen Property
PC 496(a)
Felony

To arrest a subject for receiving stolen property, the necessary crime elements are:
• every person who knowingly
• buys, receives, conceals, sells, withholds, or
• aids in concealing, selling, or withholding,
• any property obtained by theft or extortion.
Receiving Stolen Property
Forgery
PC 470
Felony

To arrest a subject for forgery, the necessary crime elements include:
• the intent to defraud,
• make, utter, publish, pass, or attempt to pass
• an altered, forged, or counterfeit document or seal, or
• signs an unauthorized or fictitious name.
Forgery
Forgery
PC 470a
Felony

Falsification, alteration, etc., of a driver’s license or identification card to facilitate the commission of forgery.
Forgery
Forgery
PC 470b
Felony

Possession or display of a driver’s license or identification card with intent to commit forgery.
Forgery
Forgery
PC 475a
Felony

Uttering or passing a check, money order, or warrant with intent to defraud.
Forgery
Forgery
PC 476
Felony

Making passing or uttering a fictitious bill.
Forgery
Forgery
PC 472
Felony

Forgery of state, corporate or official seals.
Forgery
Arson
PC 451
Felony

To arrest a subject for arson, the necessary crime elements include:
• willfully and maliciously
• sets fire to or burns or causes to be burned or
• aids, counsels, or procures the burning of
• any structure, forest land, or property.
Arson
Unlawfully Causing a Fire
PC 452
Felony

To arrest a subject for unlawfully causing a fire, the necessary crime elements include:
• any person who recklessly sets fire to or burns or causes to be burned,
• any structure, forest land, or property.
Unlawfully Causing a Fire
Unlawfully Causing a Fire
PC 452

Unlawfully causing a fire of property is a misdemeanor. The crime of unlawfully causing a fire is a felony if a person is injured, or another person’s inhabited building, structure, or forest land is burned.
Unlawfully Causing a Fire
Arson
PC 548
Felony

Arson with intent to defraud insurer.
Arson
Possession of Flammable or Combustible Material
PC 453(a)
Felony

To arrest a subject for possession of flammable or combustible material, the necessary crime elements include:
• possession or manufacture or disposal of a flammable or combustible material or substance, or any incendiary device in an arrangement or preparation
• with intent to willfully and maliciously use such material, substance, or device
• to set fire to or burn any structure, forest land, or property.
Possession of Flammable or Combustible Material
Unauthorized Entry of Dwelling
PC 602.5
Misdemeanor

To arrest a subject for unauthorized entry of dwelling the necessary crime elements include:
• any person, other than a public officer or employee acting within the course and scope of employment,
• who enters or remains
• in a noncommercial dwelling house, apartment, or other such place
• without consent of the owner, owner’s agent, or person in lawful possession.
Unauthorized Entry of Dwelling
Trespass - Entering and occupying real property
PC 602
Misdemeanor

To arrest a subject for entering and occupying real property, the necessary crime elements include:
• any person who enters and occupies
• real property or structures of any kind
• without consent of the owner, the owner's agent, or the person in lawful possession.

NOTE: Occupation is when a person exercises physical control over land where the land is possessed and enjoyed. Subjects must actually use, control, and possess the property over a period of time or until they are asked to leave to satisfy the crime elements. Transient, noncontinuous possession is not considered occupation.
Trespass - Entering and occupying real property
Trespass - Trespass to land
PC 602
Misdemeanor

To arrest a subject for trespass to land, the necessary crime elements include:
• any person who enters any land, whether unenclosed or enclosed by fence,
• for the purpose of injuring any property or property rights, or
• interfering with, obstructing, or injuring any lawful business or occupation
• carried on by the owner of the land, the owner's agent or by the person in
lawful possession.

NOTE: A person does not need to be requested to leave before the law can be enforced.
Trespass - Trespass to land
Trespass
PC 602(a)
Misdemeanor

Cutting or injuring standing timber.
Trespass
Trespass
PC 602(b)
Misdemeanor

Carrying away downed timber.
Trespass
Trespass
PC 602(c)
Misdemeanor

Injury to or severance from freehold.
Trespass
Trespass
PC 602(d)
Misdemeanor

Soil removal.
Trespass
Trespass
PC 602(e)
Misdemeanor

Soil removal from public property.
Trespass
Trespass
PC 602(f)
Misdemeanor

Damaging highway signs, etc.
Trespass
Trespass
PC 602(g)
Misdemeanor

Oyster land.
Trespass
Trespass
PC 602(i)
Misdemeanor

Destroying fences, gates, and signs.
Trespass
Trespass
PC 602(j)
Misdemeanor

Fires.
Trespass
Trespass
PC 602(h)(2)
Misdemeanor

Posted lands.
Trespass
Trespass
PC 602(n)
Misdemeanor

Driving on private land.
Trespass
Trespass
PC 602(o)
Misdemeanor

Refusal to leave private property.
Trespass
Trespass
PC 602(p)
Misdemeanor

Closed lands.
Trespass
Trespass
PC 602(q)
Misdemeanor

Refusal to leave public building.
Trespass
Trespass
PC 602(r)
Misdemeanor

Skiing in closed area.
Trespass
Trespass
PC 602(s)
Misdemeanor

Refusal to leave hotels or motels.
Trespass
Trespass
PC 602(t)
Misdemeanor

Entry on private property by person convicted of violent felony.
Trespass
Trespass
PC 602(a)
Misdemeanor

Airport operations area.
Trespass
Trespass
PC 602(w)
Misdemeanor

Battered women’s shelter.
Trespass
Vandalism
PC 594
Wobbler

To arrest a subject for vandalism, the necessary crime elements include:
• malicious intent
• to deface, damage, or destroy with graffiti or other inscribed material
• personal or real property
• not their own.

NOTE: Community property can be the subject of a vandalism even if the suspect is a partial owner or the property.
Vandalism
Vandalism
PC 594(2)(A)
Misdemeanor

Damage is less than $400.
Vandalism
Vandalism
PC 594(b)(1)
Felony

Damage equals or exceeds $400.
Vandalism
Vandalism
PC 594.7
Felony

Two prior convictions for vandalism and has served jail time for one vandalism conviction.
Vandalism
Vandalism
PC 594.1
Misdemeanor

Possession, purchase, or sale of aerosol paint container to a person under the age of 18.
Vandalism
Vandalism
PC 594.2
Misdemeanor

Possession of specified tools with intent to commit vandalism.
Vandalism
Vandalism
PC 594.3
Felony

Vandalizing place of religious education or worship.
Vandalism
Vandalism
PC 594.4
Felony

Vandalism using noxious or caustic chemicals on any structure.
Vandalism
Vandalism
PC 640.5
Infraction - 1st offense
Misdemeanor - 2nd offense
Felony - 3rd offense

Graffiti of government property (not exceeding $250).

NOTE: 2nd and 3rd offenses include combinations of Penal Code Sections 594, 594.3, 594.4, 640.5, 640.6, or 640.7.
Vandalism
Vandalism
PC 640.7 and 640.8
Misdemeanor - 1st offense
Felony - 2nd offense
Felony - 3rd offense

Vandalism of freeway or within 100 feet of highway.

NOTE: 2nd and 3rd offenses include combinations of Penal Code Sections 594, 594.3, 594.4, 640.5, 640.6, or 640.7.
Vandalism
Repossession

To complete a repossession, the repossessor must have gained dominion and control of the goods. The buyer can object until the repossessor has control. If the buyer objects, the repossessor must abandon the repossession.
Repossession
Repossession
PC 594
Wobbler

Vandalism.

NOTE: Crimes may be committed during a repossession dispute.
Repossession
Repossession
PC 240
Misdemeanor

Assault.

NOTE: Crimes may be committed during a repossession dispute.
Repossession
Repossession
PC 242
Misdemeanor

Battery.

NOTE: Crimes may be committed during a repossession dispute.
Repossession
Repossession
PC
Felony

Assault with a deadly weapon.

NOTE: Crimes may be committed during a repossession dispute.
Repossession
Repossession
PC 415
Misdemeanor

Disturbing the peace.

NOTE: Crimes may be committed during a repossession dispute.
Repossession
Repossession
PC 417
Misdemeanor

Drawing, exhibiting, or using a firearm.

NOTE: Crimes may be committed during a repossession dispute.
Repossession
Repossession
PC 602
Misdemeanor

Trespassing (Repossesor can only enter places open to public or with permission).

NOTE: Crimes may be committed during a repossession dispute.
Repossession
Repossession
PC 418, 603
Misdemeanor

Forcible Entry.

NOTE: Crimes may be committed during a repossession dispute.
Repossession
Tenant lockout
PC 418
Misdemeanor

Jamming or changing the lock on the tenant’s door to prevent the tenant’s use of the dwelling until the rent is
paid.
Tenant/Landlord Disputes
Seizure of tenant’s property
PC 418
Misdemeanor

Seizing a tenant’s possessions in payment for delinquent rent. Even with a lien, a landlord cannot seize necessary household items or tools of the tenant’s livelihood.
Tenant/Landlord Disputes
Removal of doors and windows
PC 594
Misdemeanor

Removing the doors and windows to the tenant’s dwelling or destroying the tenant’s personal property in an effort to harass the tenant.
Tenant/Landlord Disputes
Trespass
PC 602.5
Misdemeanor

Entering a tenant’s premises without permission from the tenant or without prior notice.
Tenant/Landlord Disputes
Telephone lines
PC 591
Felony

NOTE: Unlawful interruption of utility services; taking down, removing, injuring, or obstructing.
Tenant/Landlord Disputes
Electric lines
PC 593
Felony

NOTE: Unlawful interruption of utility services; taking down, removing, injuring, or obstructing.
Tenant/Landlord Disputes
Gas or hazardous liquid pipelines
PC 593(c)
Felony

NOTE: Unlawful interruption of utility services; taking down, removing, injuring, or obstructing.
Tenant/Landlord Disputes
Turning off the water
PC 624
Misdemeanor

NOTE: Unlawful interruption of utility services; taking down, removing, injuring, or obstructing.
Tenant/Landlord Disputes
Repossession of land after legal eviction
PC 419
Misdemeanor

NOTE: Once a tenant has been lawfully evicted, the tenant cannot reenter the premises without permission from the landlord.
Tenant/Landlord Disputes
Burglary
PC 459
Felony

NOTE: Once a tenant has been lawfully evicted, the tenant cannot reenter the premises without permission from the landlord.
Tenant/Landlord Disputes
Unauthorized entry
PC 602.5
Misdemeanor

NOTE: Once a tenant has been lawfully evicted, the tenant cannot reenter the premises without permission from the landlord.
Tenant/Landlord Disputes
Theft
Misdemeanor PC 484
Felony PC 487

NOTE: Once a tenant has been lawfully evicted, the tenant cannot reenter the premises without permission from the landlord.
Tenant/Landlord Disputes
Battery
PC 242
Battery is a misdemeanor.
Battery upon a specified person is a misdemeanor.
Battery upon a specified person with treatable injury is a felony.
Battery causing/inflicting serious bodily injury is a felony.

To arrest a subject for the crime of battery, the necessary crime elements must include:
• willful and unlawful
• use of force or violence
• on the person of another.

NOTE: Every battery contains the lesser crime of assault.

NOTE: The crime of battery requires actual physical contact with the victim or with items closely associated with the victim’s person (i.e., clothing, canes and other walking devices)
Battery
Assault with a Deadly Weapon or by Means of Force
245 PC
Felony

To arrest a subject for the crime of assault with a deadly weapon or by means of force, the necessary crime elements must include:
• unlawful attempt, and
• the present ability
• to commit a violent injury
• upon the person of another
• by use of a deadly weapon
• or force likely to produce great bodily injury
Assault with a Deadly Weapon or by Means of Force
Assault with a firearm
245(a)(2) PC
Felony
Assault with a firearm
Assault with a firearm on a peace officer

245(c) PC
Felony
Assault with a firearm on a peace officer
Assault with a firearm upon a peace officer or firefighter
245(d) PC
Felony
Assault with a firearm upon a peace officer or firefighter
Assault with caustic chemicals
244 PC
Felony
Assault with caustic chemicals
Assault with stungun or taser
224.5 PC
Felony or Misdemeanor
Assault with stungun or taser
Elder or Dependent Adult Abuse
368 PC
Felony (if great bodily injury) else misdemeanor
Felony (368(f) PC) for false imprisonment

To arrest a subject for the crime of elder or dependent adult abuse, the necessary crime elements must include:
• any person who willfully causes or permits an elder or dependent adult to suffer or inflicts unjustifiable physical pain or mental suffering, or
• 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 Adult Abuse
Kidnapping
207(a) PC
Felony

To arrest a subject for the crime of kidnapping, the crime elements must include:
• unlawful taking of a person
• against his or her will
• by force or fear
• from one place to another.

NOTE: The movement involved in any taking does not refer to a specific distance, rather it refers to whether or not the victim was exposed to additional danger because of the movement.
Kidnapping
False Imprisonment
236 PC
Misdemeanor
Felony (if violence, menace, fraud, or deceit is used)

To arrest a subject for the crime of false imprisonment, the necessary crime elements must include:
• unlawful violation
• of the personal liberty
• of another.
False Imprisonment
Child Abduction without Custodial Right
278 PC
Felony

To arrest a subject for child abduction without custodial right, the necessary elements must include:
• every person
• not having the right of custody, who
• maliciously takes, entices away, keeps, withholds, or conceals
• any minor child
• with the intent to detain or conceal
• from a person having lawful custody.

NOTE: 278.8 PC protects good cause (i.e., necessary for child’s safety or protection)
Child Abduction without Custodial Right
Child Abduction with Custodial Right
278.5 PC
Felony

To arrest a subject for child abduction with custodial right, the necessary crime elements must include:
• every person who has the right of custody or visitation
• who entices away, keeps, withholds, or conceals
• with intent to deprive
• the other person of his or her right to custody or visitation.
Child Abduction with Custodial Right
Robbery
211 PC
Felony

To arrest a subject for robbery, the necessary crime elements must include:
• taking of personal property of another
• from the person or immediate presence
• against the person’s will
• accomplished by means of force or fear
• with the intent to permanently deprive that person of the property.
Robbery
Carjacking
215 PC
Felony

To arrest a subject for carjacking, the necessary crime elements must include:
• taking of a
• motor vehicle
• from the person or immediate presence
• of a possessor or passenger
• by means of force or fear
• with the intent to either permanently or temporarily deprive the possessor or passenger.

NOTE: A subject has completed the crime of carjacking once he or she has dominion and control over the vehicle. It is not necessary for the possessor to be removed from the vehicle for the crime to be committed.
Carjacking
Murder
187 PC
Felony

To arrest a subject, the necessary crime elements for murder must include:
• unlawful killing of a human being or fetus.
• with malice aforethought.

NOTE: Malice aforethought may be expressed or implied and is express when there is an intent to kill. Malice aforethought is implied when the killer, although not intending to kill, manifests a conscious disregard for life.

NOTE: Felony Murder Rule: The state of mind of malice aforethought may be implied by operation of law. This is called the felony murder rule. This situation occurs when any killing happens during the commission of certain felonies listed in Penal Code Section 189. The most common of the listed felonies are: arson, rape, robbery, carjacking, burglary, kidnapping, and mayhem.
Murder