Codes Flashcards

1
Q

69 PC

A

Obstructing or Resisting an Executive Officer (Felony)
1. Every person who attempts
2. By means of threat or violence
3. To deter or prevent any executive officer
4. From the performance of that officer’s duties
5. Or knowingly resists any executive officer
6. By the use of force or violence in the performance of that officer’s duties

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2
Q

148(a)(1) PC

A

Resisting Arrest (Misdemeanor)
1. Every person who
2. Willfully resists, delays, or obstructs
3. Any public officer, peace officer, or EMT
4. In the discharge or the attempt to discharge any duty of that officer’s office or employment
a. 148(c) - Removing or taking a firearm from an officer (Felony)
b. 148(d) - Attempting to remove or take a firearm from an officer (Felony)

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3
Q

71 PC

A

Threatening Public Officers (Felony)
1. Every person who
2. With the intent to cause, attempts to cause, or causes
3. Any officer or employee of any public or private institution or any public officer or employee
4. To do, or refrain from doing, any act in the performance of their duties
5. By means of a threat, directly communicated to such person
6. To inflict an unlawful injury upon any person or property
7. And it reasonably appears to the recipient of the treat that such threat could be carried out

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4
Q

148.9 PC

A
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5
Q

148.9 PC

A

Providing False Identification (Misdemeanor)
1. Any person who
2. Falsely represents or identifies oneself as another person
3. To a peace officer upon a lawful detention or arrest of the person
4. Either to evade the process of the court,
5. Or to evade the proper identification of that person by an investigating officer

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6
Q

166(a)(4) PC

A

Violating a Court Order (Misdemeanor)
Willful disobedience of the terms as written of any process or court order or out-of-state court order,
lawfully issued by a court, including orders pending trial.
1. Willful disobedience
2. Of a lawfully issued court order;

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7
Q

187 PC

A

Murder (Felony)
Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
1. The unlawful killing of a human being, or fetus,
2. With Malice Aforethought (conscious intent, express or implied, to cause death or great bodily
harm to another person)
a. Express Malice = specific intent to kill, along with deliberation and premeditation (1st
Degree Murder)
i. Premeditated; Explosives; Torture; Poison; Lying in Wait
b. Implied Malice = inherently dangerous act demonstrating a conscious disregard for
human life (likely 2nd Degree Murder)
3. Felony Murder Rule: unlawful killing occurs during the commission of a felony (Arson,
Burglary, Carjacking, Kidnapping, Mayhem, Rape, Robbery, Train Wrecking, Drive-by-Shooting)

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8
Q

192 PC

A

Manslaughter (Wobbler, depending on type)
Manslaughter is the unlawful killing of a human being without malice. (Voluntary, Involuntary,
Vehicular)
● (a) Voluntary: killing occurs upon a sudden quarrel or heat of passion (FELONY);
● (b) Involuntary: commission of unlawful act, not felonious; or, commission of a lawful act which
might produce death, in an unlawful manner, or without due caution and circumspection
(FELONY);
● (c)(1) Vehicular w/ Gross Negligence: Committed a misdemeanor or infraction, or a lawful act
with gross negligence (high risk of death or great bodily injury + reasonable person would have
known of the risk) WOBBLER;
● (c)(2) Misdemeanor Vehicular Manslaughter: Committed a misdemeanor or infraction, or a
lawful act, dangerous to human life, with ordinary negligence (failure to use reasonable care to
prevent reasonably foreseeable harm to another)

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9
Q

207 PC

A

Kidnapping (Felony)
1. Unlawful taking of a person
2. Against his or her will
3. By force or fear
4. From one place to another
a. If aggravated (child victim, injury or death, ransom demand, or with carjacking) it can
lead to life in prison per 209 PC)

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10
Q

211 PC

A

Robbery (Felony)
1. Taking of personal property of another
2. From the person or immediate presence
3. Against the person’s will
4. Accomplished by means of force or fear

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11
Q

215 PC

A

Carjacking (Felony)
1. Taking of a motor vehicle
2. From the person or immediate presence
3. Of a possessor or passenger
4. By means of force or fear
5. With the intent to either, permanently or temporarily deprive the possessor or passenger

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12
Q

236 PC

A

False Imprisonment (Wobbler)
False imprisonment is the unlawful violation of the personal liberty of another.
1. FELONY False Imprisonment:
a. Intentionally and unlawfully restrained, confined, or detained someone
b. By violence, menace, fraud, or deceit,
c. Against that person’s will.
2. MISDEMEANOR False Imprisonment:
a. Intentionally and unlawfully restrained,

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13
Q

242 PC

A

Battery (Misdemeanor)
1. Willful and unlawful
2. Use of force or violence
3. On the person of another

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14
Q

243(e)(1) PC

A

Domestic Battery (Misdemeanor DV)
1. The harmful or offensive touching,
2. Of an intimate partner (cohabitant, parent of your child, current or former spouse, fiancé, or
dating partner)
3. And were not acting in self-defense or in defense of another.

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15
Q

243.4(a) PC

A

Sexual Battery (Wobbler)
1. The victim’s or person’s intimate part is touched
2. Without consent of the victim, and
3. With specific intent to achieve sexual arousal, sexual gratification, or sexual abuse
a. FELONY IF: Victim was restrained, unconscious, or mentally incapacitated

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16
Q

245 PC

A

Assault with a Deadly Weapon (Wobbler)
1. Unlawful attempt, and
2. The present ability
3. To commit a violent injury
4. Upon the person of another
5. By use of a deadly weapon
6. Or force likely to produce great bodily injury
a. (a)(2) - Assault with firearm (Felony)
b. (c) - Assault w/ other than firearm on peace officer (Felony)
c. (d) - Assault w/ firearm on peace officer or firefighter

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17
Q

246 PC

A

Shooting Into an Inhabited Dwelling or Occupied Vehicle (Felony)
1. Any person who
2. Maliciously and willfully
3. Discharges a firearm at an
4. Inhabited dwelling or occupied vehicle
247 PC - Shooting into an Uninhabited Dwelling

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18
Q

247 PC

A

Shooting into an Uninhabited Dwelling or Vehicle
(a) Shooting into an unoccupied aircraft (Felony);
(b) shooting into an unoccupied vehicle or building (Wobbler).

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19
Q

261 PC

A

Rape (Felony)
1. An act of penile/vaginal intercourse which is committed
2. With a person, and
3. Without consent of the person

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20
Q

272 PC

A

Contributing to the Delinquency of a Minor (Misdemeanor)
1. Causing or enabling a minor (under age 18) to:
2. Engage in illegal; or delinquent behavior,
3. Become a habitual truant, or
4. Become a dependent of the juvenile court system

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21
Q

273a(a) PC

A

Child Endangerment (w/ likelihood of GBI = Wobbler)
Any person who, under circumstances or conditions likely to produce great bodily harm or death:
1. willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or
mental suffering, or
2. having the care or custody of any child, willfully causes or permits the person or health of that
child to be injured, or
3. willfully causes or permits that child to be placed in a situation where his or her person or health
is endangered, AND
4. You were criminally negligent when you caused or permitted the child to suffer and/or be
injured or endangered.

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22
Q

273a(b) PC

A

Child Endangerment (no likelihood GBI = Misdemeanor)
Any person who, under circumstances or conditions other than those likely to produce great bodily
harm or death:
1. willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or
mental suffering, or
2. having the care or custody of any child, willfully causes or permits the person or health of that
child to be injured, or
3. willfully causes or permits that child to be placed in a situation where his or her person or health
may be endangered, AND
4. You were criminally negligent when you caused or permitted the child to suffer and/or be
injured or endangered.

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23
Q

273d PC

A

Child Abuse (Felony)
Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury
resulting in a traumatic condition is guilty of a felony
1. Willful infliction of cruel or inhuman physical punishment and/or injury on a minor
2. Causing a traumatic physical condition
3. Were not reasonably disciplining the child.

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24
Q

273.5 PC

A

Domestic Violence (Felony)
1. The person willfully inflicts corporal injury upon another person
2. The other person is a spouse, former spouse, cohabitant, former cohabitant, current or former
dating relationship partner, current or former engagement partner, or they have a child in
common
3. The injury is considered a traumatic condition upon the victim

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25
278 PC
Child Abduction without Custodial Right (Felony) 1. Every person 2. Not having the right of custody, who 3. Maliciously takes, entices away, keeps, withholds, or conceals 4. Any minor child 5. With the intent to detain or conceal 6. From a person having lawful custody
26
278.5 PC
Child Abduction with Custodial Right (Felony) 1. Every person who entices away, keeps, withholds, or conceals 2. With intent to deprive 3. The other person of his or her right to custody or visitation
27
286 PC
Sodomy (Felony) 1. Sexual conduct consisting of 2. Contact between the penis of one person 3. And the anus of another person
28
287 PC
Oral Copulation (Felony) 1. The act of copulating the mouth of one person 2. With the sex organ or anus of another person 3. Without consent of the victim
29
288(a) PC
Lewd and lascivious acts with a minor 1. Any person 2. Willfully committing any lewd or lascivious act 3. Upon or with the body of a child, with 4. The intent of arousing, appealing to, or gratifying one's sexual desires or those of the child, when 5. The child is under 14, or 6. The child is 14 or 15 and the suspect is 10 or more years older than the victim
30
289 PC
Forcible Sexual Penetration w/ Foreign Object (Felony) 1. The use of a foreign or unknown object for purposes of sexual arousal, gratification, or abuse 2. To penetrate, however slight 3. The genital or anal openings 4. Against the person's will or causes another person to penetrate
31
31
32
311.11 PC
Possession of Child Pornography (Felony) 1. Knowingly possess, or 2. Control any matter, 3. Showing a child under the age of 18 years 4. Engaging in or simulating sexual conduct
33
314 PC
Indecent Exposure (Misdemeanor or Felony Depending on F&C) 1. Every person who 2. Willfully and lewdly 3. Exposes their private parts 4. Where there are others present to be offended
34
368 PC
Elder Abuse (Misdemeanor or Felony Depending on F&C) 1. Any person who willfully causes or permits an elder or dependent adult to suffer or inflicts unjustifiable physical pain or mental suffering 2. Willfully causes or permits the elder or dependent adult to be injured or endangered 3. Violates any provision of law proscribing theft or embezzlement to the property of that elder or dependent adult
35
407 PC
Unlawful Assembly (Misdemeanor) 1. Two or more persons assemble 2. To do an unlawful act 3. Or a lawful act in a violent, boisterous, or tumultuous manner 4. Is an unlawful assembly
36
416(a) PC
Failure to disperse (Misdemeanor) 1. Two or more persons assemble 2. For the purpose of disturbing the peace or committing any unlawful act 3. And do not disperse upon being commanded to do so by a public officer 4. Both are severally liable
37
417(a)(1) PC
PC Brandishing a Deadly Weapon (Other than Firearm = Misdemeanor) 1. Any person who 2. Except in self-defense 3. In the presence of any other person 4. Draws or exhibits any deadly weapon in a rude, angry, or threatening manner 5. Unlawfully uses a deadly weapon in a fight or quarrel a. (a)(2) - Brandishing a firearm (Felony)
38
422 PC
Criminal Threats (Felony) 1. A threat to commit a crime resulting in death or great bodily injury to a person or his or her immediate family 2. The threat must be such as to cause a person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety 3. The threat must be made with the specific intent that the statement be taken as a threat, whether or not the person intends to carry it out 4. The threat must on its face and under the circumstances made, be so unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and immediate prospect of execution 5. The victim must be placed in sustained fear; a fear that is not transitory, fleeting, or momentary
39
451 PC
Arson (Malicious Arson) - Felony 1. Willfully and maliciously 2. Sets fire to or burns or causes to be burned or 3. Aids, counsels, or procures the burning of 4. Any structure, forestland, or property
40
452 PC
Reckless Burning (Wobbler) 1. Any person who recklessly sets fire to or burns or causes to be burned 2. Any structure, forestland, or property
41
459 PC
Burglary (Felony) 1. The entry to a building or specified structure 2. With the intent to commit 3. Theft or any felony
42
459.5 PC
Shoplifting (Misdemeanor) 1. The entry to a commercial establishment 2. With the intent to commit larceny 3. During regular business hours 4. The value of the property to be taken or intended to be does not exceed $950
43
466 PC
Possession of Burglary Tools (Misdemeanor) 1. The possession of certain tools 2. Knowingly making, altering, or attempting to make a key or other instrument to fit or open the lock of a building without legal request 3. With the intent to break or enter into any specified structure 4. For the purpose of committing any misdemeanor of felony
44
470 PC
Forgery (Wobbler) 1. The intent to defraud 2. Make, utter, publish, pass, or attempt to pass 3. An altered, forged, or counterfeit document or seal or 4. Signs an unauthorized or fictitious name
45
484 / 488 PC
Petty Theft (Misdemeanor) 1. The taking and 2. Carrying away of 3. Personal Property of another 4. Without consent 5. With intent to permanently deprive the owner 6. Valued at $950 or less
46
487 PC
Grand Theft (Felony) 1. The taking and 2. Carrying away of 3. Personal property of another 4. Without consent 5. With intent to permanently deprive the owner 6. Valued at $950 or more
47
496(a) PC
Receiving stolen property (Wobbler) 1. Every person who knowingly 2. Buys, receives, conceals, sells, withholds, or 3. Aids in concealing, selling, or withholding 4. Any property obtained by theft or extortion
48
537 PC
Defrauding an Innkeeper (Misdemeanor or Felony Depending on Value) 1. The obtaining of 2. Food, services, or accommodations 3. At a designated facility without paying 4. With intent to defraud the proprietor or manager
49
594 PC
Vandalism (Misdemeanor if less than $400 in damages, otherwise = Felony) 1. Malicious intent 2. To deface with graffiti or other inscribed material or 3. Damage or 4. Destroy 5. Personal or real property not their own
50
647(a) PC
Lewd Conduct in Public (Misdemeanor) 1. Any person who solicits or engages 2. In lewd conduct 3. In a public place 4. Or a place open to public view
51
647(b) PC
Prostitution (Misdemeanor) 1. Any person who solicits 2. Agrees to engage in 3. Engages in 4. Any act of prostitution, or 5. Some act is agreed to and done in the furtherance of prostitution
52
647(f) PC
Public Intoxication (Misdemeanor) 1. Person, in a public place 2. Under the influence of alcohol or drugs, and who 3. Is unable to care for his or her own safety
53
647(h) PC
Loitering to Commit a Crime (Misdemeanor) 1. Loitering, prowling, or wandering 2. Upon the private property of another at any time 3. Without visible or lawful business 4. With the owner or occupant
54
300 W&I
Dependent child: Ward of Court The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted non accidentally upon the child by the child's parent or guardian. 1. Child suffered, or substantial risk of suffering 2. Serious physical harm inflicted non accidentally 3. By child's parent or guardian
55
601 W&I
Juvenile Beyond Control Any minor between 12 years of age and 17 years of age, inclusive, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minor's parents, guardian, or custodian, or who is beyond the control of that person, or who is a minor between 12 years of age and 17 years of age, inclusive, when the minor violated any ordinance of any city or county of this state establishing a curfew based solely on age is within the jurisdiction of the juvenile court which may adjudge the minor to be a ward of the court 1. Minor aged 12-17 years old 2. Habitually does not obey reasonable and proper orders or directs of parent/guardian 3. Violates any ordinance of any city, county or state establishing curfew
56
602 W&I
Delinquent Minor Any minor who is between 12 years of age and 17 years of age, inclusive, when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court.
57
625 W&I
Warrantless Arrest of Minor A peace officer may, without a warrant, take into temporary custody of a minor: Who is under the age of 18 years when such officer has reasonable cause for believing that such minor is a person described in Section 601 or 602; who is a ward of the court; or who is under the age of 18 years and who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment, hospitalization, or other remedial care. 1. Peace officer may, without warrant 2. Take into temporary custody a minor under 18 3. For violation of juvenile court 4. Or if sick or injured requiring treatment or hospitalization
58
5150 W&I
Involuntary Mental Health Detention When a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer, [or competent professional] may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment 1. Because of a mental health disorder 2. Person is a danger to themselves or to others, and/or gravely disabled 3. 72-hour hold
59
11350 H&S
Possession of a Controlled Substance (Misdemeanor) Except as otherwise provided in this division, every person who possesses (1) any controlled substance. . . . or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year . . . . 1. Possession of a controlled substance 2. Including Schedule III, IV, V narcotics or prescriptions 3. Without doctor's prescription
60
11351 H&S
Possession of a Controlled Substance for Sale (Felony) . . . every person who possesses for sale or purchases for purposes of sale (1) any controlled substance . . . or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. 1. Possession of a controlled substance 2. Plus intent to sell
61
11357(a)(1) H&S
Possession of Cannabis Under 18 Years Old (Infraction) (a)(1) Except as authorized by law, possession of not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, or both, shall be punished or adjudicated as follows . . . Persons under 18 years of age are guilty of an infraction . . . 1. Less than 28.5g of cannabis 2. By person under 18 years old
62
11357(a)(2) H&S
Possession of Cannabis by Person Older than 18 and Younger than 21 (Infraction) (a)(2) Except as authorized by law, possession of not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, or both, shall be punished or adjudicated as follows . . . Persons at least 18 years of age but less than 21 years of age are guilty of an infraction . . . 1. Less than 28.5g of cannabis 2. By persons older than 18 years but less than 21 years of age
63
11357(b)(1) H&S
Posses More than 28.5g of Cannabis by Person Under 18 Years Old (Infraction) (b)(1) Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows . . . Persons under 18 years of age who possess more than 28.5 grams of cannabis or more than eight grams of concentrated cannabis, or both, are guilty of an infraction . . . . 1. More than 28.5g of cannabis 2. By persons under 18 years of age
64
11357(b)(2) H&S
Possession of More than 28.5g of Cannabis by Person Over 18 Years Old (b)(2) Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows . . . Persons 18 years of age or older who possess more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, or both, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both 1. More than 28.5g of cannabis 2. By persons over 18 years of age
65
11362.3 H&S
Smoking Cannabis in Public . . . [D]oes not permit any person to: (1) Smoke or ingest cannabis or cannabis products in a public place . . . (2) Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited . . . (3) Smoke cannabis or cannabis products within 1,000 feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center . . . (4) Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation . . . . 1. Smoking cannabis in public
66
11364(a) H&S
Possession of Drug Paraphernalia (a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance . . . or (2) a controlled substance that is a narcotic drug classified in Schedule III, IV, or V. 1. Possession of drug paraphernalia
67
11377(a) H&S
Possession of Methamphetamine (Misdemeanor) Except as otherwise provided in this division, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or in the state prison. 1. Possession of Meth
68
11378 H&S
Possession of Methamphetamine for Sale (Felony) . . . a person who possesses for sale a controlled substance [METH]. . . shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code . . . . 1. Possession of Meth 2. With intent to sell
69
2800.1(a) CVC
Evading a Police Officer in Vehicle (Misdemeanor) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year 1. Officer in pursuit of a vehicle 2. Willfully fleeing with intent to evade the officer 3. Saw red lamp of police vehicle, 4. Heard the siren 5. Patrol vehicle distinctively marked, 6. Officer was wearing distinctively marked uniform
70
2800.2(a) CVC
Felony Reckless Evading If a person flees or attempts to elude a pursuing peace officer in violation of Section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year. The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine. 1. Evading a police officer in a vehicle 2. With willful or blatant disregard for the safety of other people or property
71
2800.3(a) CVC
Felony Reckless Evading Causing Injury or Death Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes serious bodily injury to any person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for three, five, or seven years, by imprisonment in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment. 1. Evading a police officer in a vehicle 2. Causing serious bodily injury or death
72
4000(a)(1) CVC
Vehicle Registration (Infraction) A person shall not drive, move, or leave standing upon a highway, or in an off street public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an off street public parking facility without being registered or paying registration fees. 1. Driving a motor vehicle 2. Without proof of registration
73
5200(a) CVC
License Plates Display When two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear. 1. Failure to display 2 plates
74
5204(a) CVC
Registration Tabs Except as provided by subdivisions (b) and (c), a tab shall indicate the year of expiration and a tab shall indicate the month of expiration. Current month and year tabs shall be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which license plates were issued, and, when so attached, the license plate with the tabs shall, for the purposes of this code, be deemed to be the license plate, except that truck tractors, and commercial motor vehicles having a declared gross vehicle weight of 10,001 pounds or more, shall display the current month and year tabs upon the front license plate assigned to the truck tractor or commercial motor vehicle. Vehicles that fail to display current month and year tabs or display expired tabs are in violation of this section. 1. Failure to attach to rear plate 2. CURRENT registration tabs
75
10851 CVC
Driving or Taking a Vehicle Without Consent (Wobbler) 1. The driving or taking of 2. A vehicle not the person's own 3. Without consent 4. With intent to temporarily or permanently deprive the owner 5. Of title or possession of such vehicle
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12500(a) CVC
Failing to Present a Drivers License The licensee shall have the valid driver's license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway.Any charge under this subdivision shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of his or her arrest 1. INFRACTION: if you fail to have license in your possession 2. MISDEMEANOR: if you refuse to present a driver's license if requested to do so by a peace officer
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14601(a) CVC
Suspended or Revoked Drivers License For Reckless Driving (Misdemeanor) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
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14601.1(a) CVC
Suspended or Revoked Drivers License (Misdemeanor) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
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14601.2(a) CVC
Suspended or Revoked Drivers License for DUI (Misdemeanor) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.
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16028(a) CVC
Proof of Financial Responsibility (Infraction) Upon the demand of a peace officer pursuant to subdivision (b) or upon the demand of a peace officer or traffic collision investigator pursuant to subdivision (c), every person who drives a motor vehicle upon a highway shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. The evidence of financial responsibility may be provided using a mobile electronic device. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.
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21453(a) CVC
Running a Red Light A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown,
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22450(a) CVC
Running a Stop Sign The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection. If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway.
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23103 CVC
Reckless Driving (Misdemeanor) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. 1. Reckless driving 2. With willful or wanton disregard for the safety of other people or property
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23109(a) CVC
Speed Contest (Misdemeanor) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest. 1. Driving a motor vehicle 2. On a highway (Includes freeways and public streets) 3. And willfully engaging in a speed contest
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23123(a) CVC
Operating a Vehicle While Using a Wireless Telephone (Infraction) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. 1. Talking on the phone while driving
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23123.5(a) CVC
Operating a Veh. While Using a Handheld Wireless Telephone or E-Device (Infraction) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving. 1. Texting while driving
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23152(a) CVC
DUI (Misdemeanor) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. 1. Under 23152(a) you can be charged with a DUI even if under a .08 BAC
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23152(b) CVC
.08 DUI (Misdemeanor) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. 1. Under 23152(b), it is a DUI with a BAC of .08% BAC
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23153(a) CVC
DUI Causing Bodily Injury (Wobbler) It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
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23153(b) CVC
.08 BAC DUI Causing Bodily Injury (Wobbler) It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
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24601 CVC
License Plate Light Requirement (Infraction) Either the tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear license plate during darkness and render it clearly legible from a distance of 50 feet to the rear. When the rear license plate is illuminated by a lamp other than a required tail lamp, the two lamps shall be turned on or off only by the same control switch at all times.
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21201(d) CVC
Bicycle Light/Reflector Requirement (Infraction) A bicycle operated during darkness upon a highway, a sidewalk where bicycle operation is not prohibited by the local jurisdiction, or a bikeway, as defined in Section 890.4 of the Streets and Highways Code, shall be equipped with all of the following:
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21650.1 CVC
Bicycle on Roadway or Highway Shoulder (Infraction) A bicycle operated on a roadway, or the shoulder of a highway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.
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24400(a) CVC
Headlamps Requirement (Infraction) A motor vehicle, other than a motorcycle, shall be equipped with at least two headlamps, with at least one on each side of the front of the vehicle, and, except as to vehicles registered prior to January 1, 1930, they shall be located directly above or in advance of the front axle of the vehicle. The headlamps and every light source in any headlamp unit shall be located at a height of not more than 54 inches nor less than 22 inches
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26710(a) CVC
Defective Windshield (Infraction) It is unlawful to operate any motor vehicle upon a highway when the windshield or rear window is in such a defective condition as to impair the driver's vision either to the front or rear.
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27315(a) CVC
Seatbelt Requirement (Infraction) A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. This paragraph does not apply to the operator of a taxicab, as defined in Section 27908, when the taxicab is driven on a city street and is engaged in the transportation of a fare-paying passenger. The safety belt requirement established by this paragraph is the minimum safety standard applicable to employees being transported in a motor vehicle. This paragraph does not preempt more stringent or restrictive standards imposed by the Labor Code or another state or federal regulation regarding the transportation of employees in a motor vehicle.
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1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
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2nd Amendment
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed
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4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
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6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
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7th Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.