Codes Flashcards
69 PC
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
148(a)(1) PC
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)
71 PC
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
148.9 PC
148.9 PC
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
166(a)(4) PC
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;
187 PC
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)
192 PC
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)
207 PC
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)
211 PC
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
215 PC
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
236 PC
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,
242 PC
Battery (Misdemeanor)
1. Willful and unlawful
2. Use of force or violence
3. On the person of another
243(e)(1) PC
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.
243.4(a) PC
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
245 PC
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
246 PC
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
247 PC
Shooting into an Uninhabited Dwelling or Vehicle
(a) Shooting into an unoccupied aircraft (Felony);
(b) shooting into an unoccupied vehicle or building (Wobbler).
261 PC
Rape (Felony)
1. An act of penile/vaginal intercourse which is committed
2. With a person, and
3. Without consent of the person
272 PC
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
273a(a) PC
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.
273a(b) PC
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.
273d PC
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.
273.5 PC
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