California Penal Code Flashcards
What is PC 187
Murder
- (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
(b) This section shall not apply to any person who commits an act
that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician’s and surgeon’
s certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be
death of the mother of the fetus or where her death from childbirth,
although not medically certain, would be substantially certain or
more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the
mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the
prosecution of any person under any other provision of law.
What is PC 211
Robbery Defined
- Robbery is the felonious taking of personal property in the
possession of another, from his person or immediate presence, and
against his will, accomplished by means of force or fear.
What is PC 240
Assault Defined
- An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.
What is PC 242
Battery Defined
- A battery is any willful and unlawful use of force or violence
upon the person of another.
What is PC 245
Assault With Deadly Weapon, Firearm, Assault Weapon, Machinegun, or .50 BMG Rifle
- (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
(2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 16880, or an assault weapon,
as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined
in Section 30530, shall be punished by imprisonment in the state
prison for 4, 8, or 12 years.
(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon or
instrument, other than a firearm, or by any means likely to produce
great bodily injury upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the victim
is a peace officer or firefighter engaged in the performance of his
or her duties, when the peace officer or firefighter is engaged in
the performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) (1) Any person who commits an assault with a firearm upon the
person of a peace officer or firefighter, and who knows or reasonably
should know that the victim is a peace officer or firefighter
engaged in the performance of his or her duties, when the peace
officer or firefighter is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for
four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace
officer or firefighter with a semiautomatic firearm and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the state prison
for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as
defined in Section 16880, or an assault weapon, as defined in Section
30510 or 30515, or a .50 BMG rifle, as defined in Section 30530,
upon the person of a peace officer or firefighter, and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for 6, 9, or 12 years.
(e) When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument or firearm, and
the weapon or instrument or firearm is owned by that person, the
court shall order that the weapon or instrument or firearm be deemed
a nuisance, and it shall be confiscated and disposed of in the manner
provided by Sections 18000 and 18005.
(f) As used in this section, “peace officer” refers to any person
designated as a peace officer in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.
What is PC 261
Rape
- (a) Rape is an act of sexual intercourse accomplished with a
person not the spouse of the perpetrator, under any of the following
circumstances:
(1) Where a person is incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act. Notwithstanding the existence of a conservatorship pursuant
to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or
physical disability rendered the alleged victim incapable of giving
consent.
(2) Where it is accomplished against a person’s will by means of
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating
or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known by the
accused.
(4) Where a person is at the time unconscious of the nature of the
act, and this is known to the accused. As used in this paragraph,
“unconscious of the nature of the act” means incapable of resisting
because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator’s fraud
in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator’s
fraudulent representation that the sexual penetration served a
professional purpose when it served no professional purpose.
(5) Where a person submits under the belief that the person
committing the act is the victim’s spouse, and this belief is induced
by any artifice, pretense, or concealment practiced by the accused,
with intent to induce the belief.
(6) Where the act is accomplished against the victim’s will by
threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
perpetrator will execute the threat. As used in this paragraph,
“threatening to retaliate” means a threat to kidnap or falsely
imprison, or to inflict extreme pain, serious bodily injury, or
death.
(7) Where the act is accomplished against the victim’s will by
threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a
reasonable belief that the perpetrator is a public official. As used
in this paragraph, “public official” means a person employed by a
governmental agency who has the authority, as part of that position,
to incarcerate, arrest, or deport another. The perpetrator does not
actually have to be a public official.
(b) As used in this section, “duress” means a direct or implied
threat of force, violence, danger, or retribution sufficient to
coerce a reasonable person of ordinary susceptibilities to perform an
act which otherwise would not have been performed, or acquiesce in
an act to which one otherwise would not have submitted. The total
circumstances, including the age of the victim, and his or her
relationship to the defendant, are factors to consider in appraising
the existence of duress.
(c) As used in this section, “menace” means any threat,
declaration, or act which shows an intention to inflict an injury
upon another.
What is PC 273.5
Inflicting Corporal Injury on Spouse or Cohabitant
273.5. (a) Any person who willfully inflicts upon a person who is
his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father of his or her child, corporal injury resulting
in a traumatic condition is guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not more than one
year, or by a fine of up to six thousand dollars ($6,000) or by both
that fine and imprisonment.
(b) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
(c) As used in this section, “traumatic condition” means a
condition of the body, such as a wound, or external or internal
injury, including, but not limited to, injury as a result of
strangulation or suffocation, whether of a minor or serious nature,
caused by a physical force. For purposes of this section,
“strangulation” and “suffocation” include impeding the normal
breathing or circulation of the blood of a person by applying
pressure on the throat or neck.
(d) For the purpose of this section, a person shall be considered
the father or mother of another person’s child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
(e) (1) Any person convicted of violating this section for acts
occurring within seven years of a previous conviction under
subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county
jail for not more than one year, or by imprisonment in the state
prison for two, four, or five years, or by both imprisonment and a
fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts
occurring within seven years of a previous conviction under
subdivision (e) of Section 243 shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail
for not more than one year, or by a fine of up to ten thousand
dollars ($10,000), or by both that imprisonment and fine.
(f) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with the
provisions of Section 1203.097.
(g) If probation is granted, or the execution or imposition of a
sentence is suspended, for any defendant convicted under subdivision
(a) who has been convicted of any prior offense specified in
subdivision (e), the court shall impose one of the following
conditions of probation:
(1) If the defendant has suffered one prior conviction within the
previous seven years for a violation of any offense specified in
subdivision (e), it shall be a condition thereof, in addition to the
provisions contained in Section 1203.097, that he or she be
imprisoned in a county jail for not less than 15 days.
(2) If the defendant has suffered two or more prior convictions
within the previous seven years for a violation of any offense
specified in subdivision (e), it shall be a condition of probation,
in addition to the provisions contained in Section 1203.097, that he
or she be imprisoned in a county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the
mandatory imprisonment required by this subdivision shall not be
imposed and shall state on the record its reasons for finding good
cause.
(h) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, consistent
with the terms of probation imposed pursuant to Section 1203.097, in
lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women’s
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant’s offense.
For any order to pay a fine, make payments to a battered women’s
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant’s
ability to pay. In no event shall any order to make payments to a
battered women’s shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
(i) Upon conviction under subdivision (a), the sentencing court
shall also consider issuing an order restraining the defendant from
any contact with the victim, which may be valid for up to 10 years,
as determined by the court. It is the intent of the Legislature that
the length of any restraining order be based upon the seriousness of
the facts before the court, the probability of future violations, and
the safety of the victim and his or her immediate family. This
protective order may be issued by the court whether the defendant is
sentenced to state prison, county jail, or if imposition of sentence
is suspended and the defendant is placed on probation.
(j) If a peace officer makes an arrest for a violation of this
section, the peace officer is not required to inform the victim of
his or her right to make a citizen’s arrest pursuant to subdivision
(b) of Section 836.
What is PC 459
Buglary; Inhabited Defined
- Every person who enters any house, room, apartment, tenement,
shop, warehouse, store, mill, barn, stable, outhouse or other
building, tent, vessel, as defined in Section 21 of the Harbors and
Navigation Code, floating home, as defined in subdivision (d) of
Section 18075.55 of the Health and Safety Code, railroad car, locked
or sealed cargo container, whether or not mounted on a vehicle,
trailer coach, as defined in Section 635 of the Vehicle Code, any
house car, as defined in Section 362 of the Vehicle Code, inhabited
camper, as defined in Section 243 of the Vehicle Code, vehicle as
defined by the Vehicle Code, when the doors are locked, aircraft as
defined by Section 21012 of the Public Utilities Code, or mine or any
underground portion thereof, with intent to commit grand or petit
larceny or any felony is guilty of burglary. As used in this chapter,
“inhabited” means currently being used for dwelling purposes,
whether occupied or not. A house, trailer, vessel designed for
habitation, or portion of a building is currently being used for
dwelling purposes if, at the time of the burglary, it was not
occupied solely because a natural or other disaster caused the
occupants to leave the premises.
What is 830.6
Peace Officer Powers; Reserve or Auxiliary Peace Officers; Person Summoned to Aid Uniformed Peace Officer
830.6. (a) (1) Whenever any qualified person is deputized or
appointed by the proper authority as a reserve or auxiliary sheriff
or city police officer, a reserve deputy sheriff, a reserve deputy
marshal, a reserve police officer of a regional park district or of a
transit district, a reserve park ranger, a reserve harbor or port
police officer of a county, city, or district as specified in Section
663.5 of the Harbors and Navigation Code, a reserve deputy of the
Department of Fish and Game, a reserve special agent of the
Department of Justice, a reserve officer of a community service
district which is authorized under subdivision (h) of Section 61600
of the Government Code to maintain a police department or other
police protection, a reserve officer of a school district police
department under Section 35021.5 of the Education Code, a reserve
officer of a community college police department under Section 72330,
a reserve officer of a police protection district formed under Part
1 (commencing with Section 20000) of Division 14 of the Health and
Safety Code, or a reserve housing authority patrol officer employed
by a housing authority defined in subdivision (d) of Section 830.31,
and is assigned specific police functions by that authority, the
person is a peace officer, if the person qualifies as set forth in
Section 832.6. The authority of a person designated as a peace
officer pursuant to this paragraph extends only for the duration of
the person’s specific assignment. A reserve park ranger or a transit,
harbor, or port district reserve officer may carry firearms only if
authorized by, and under those terms and conditions as are specified
by, his or her employing agency.
(2) Whenever any qualified person is deputized or appointed by the
proper authority as a reserve or auxiliary sheriff or city police
officer, a reserve deputy sheriff, a reserve deputy marshal, a
reserve park ranger, a reserve police officer of a regional park
district, transit district, community college district, or school
district, a reserve harbor or port police officer of a county, city,
or district as specified in Section 663.5 of the Harbors and
Navigation Code, a reserve officer of a community service district
that is authorized under subdivision (h) of Section 61600 of the
Government Code to maintain a police department or other police
protection, or a reserve officer of a police protection district
formed under Part 1 (commencing with Section 20000) of Division 14 of
the Health and Safety Code, and is so designated by local ordinance
or, if the local agency is not authorized to act by ordinance, by
resolution, either individually or by class, and is assigned to the
prevention and detection of crime and the general enforcement of the
laws of this state by that authority, the person is a peace officer,
if the person qualifies as set forth in paragraph (1) of subdivision
(a) of Section 832.6. The authority of a person designated as a peace
officer pursuant to this paragraph includes the full powers and
duties of a peace officer as provided by Section 830.1. A transit,
harbor, or port district reserve police officer, or a city or county
reserve peace officer who is not provided with the powers and duties
authorized by Section 830.1, has the powers and duties authorized in
Section 830.33, or in the case of a reserve park ranger, the powers
and duties that are authorized in Section 830.31, or in the case of a
reserve housing authority patrol officer, the powers and duties that
are authorized in subdivision (d) of Section 830.31, and a school
district reserve police officer or a community college district
reserve police officer has the powers and duties authorized in
Section 830.32.
(b) Whenever any person designated by a Native American tribe
recognized by the United States Secretary of the Interior is
deputized or appointed by the county sheriff as a reserve or
auxiliary sheriff or a reserve deputy sheriff, and is assigned to the
prevention and detection of crime and the general enforcement of the
laws of this state by the county sheriff, the person is a peace
officer, if the person qualifies as set forth in paragraph (1) of
subdivision (a) of Section 832.6. The authority of a peace officer
pursuant to this subdivision includes the full powers and duties of a
peace officer as provided by Section 830.1.
(c) Whenever any person is summoned to the aid of any uniformed
peace officer, the summoned person is vested with the powers of a
peace officer that are expressly delegated to him or her by the
summoning officer or that are otherwise reasonably necessary to
properly assist the officer.
What is PC 15
Definition of Crime or Public Offense
- A crime or public offense is an act committed or omitted in
violation of a law forbidding or commanding it, and to which is
annexed, upon conviction, either of the following punishments: - Death;
- Imprisonment;
- Fine;
- Removal from office; or,
- Disqualification to hold and enjoy any office of honor, trust,
or profit in this State.
What PC is murder ( the unlawful killing of a human being or fetus, with malice a forethought.)
187
What PC is robbery (the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by the means of force or fear)?
211
What PC is assault (an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another)?
240
What PC is battery (any willful and unlawful use of force or violence upon the person of another)?
242
What PC is assault with a deadly weapon, firearm, assault weapon, machinegun, or .50 BMG rifle?
245
