Crimes Against Children

Question 1

273a PC

Answer 1

Child Harm, injury or endangerment

Question 2

Elements of 273a PC

Answer 2

• any person
• willfully causing or permitting any child to suffer, or
• inflicting unjustifiable physical pain or mental suffering, or
• having the care or custody of any child, and
• willfully causing or permitting that child to be placed in such a situation that his or her person or health is endangered.

Question 3

What is a “Child” as defined in the Penal Code?

Answer 3

Any person under the age of 18

Question 4

What is “Criminal Neglagence” as defined in the Penal Code?

Answer 4

is flagrant and reckless disregard for the safety of others or willful indifference to any injury that might occur. Such acts are punishable as crimes themselves if injury or death occurs.

Question 5

273d PC

Answer 5

Physical Abuse of a Child

Question 6

Elements of 273d PC

Answer 6

• any person who
• willfully inflicts upon any child
• any cruel or inhuman, corporal punishment or an injury,
• resulting in a traumatic condition.

Question 7

288(a) PC

Answer 7

Lewd or lascivious acts with a child under the age 14

Question 8

288(c)(1) PC

Answer 8

Lewd or lascivious acts with a child who is 14 or 15 and the suspect is 10 or more years older than the
victim.

Question 9

Elements of 288 PC

Answer 9

• any person
• willfully committing any lewd or lascivious act
• upon or with the body of a child, with
• the intent of arousing, appealing to, or gratifying one’s sexual desires or those of the child

Question 10

What is “lascivious” as defined in the Penal Code?

Answer 10

Any act which has a tendency to excite lust.

Question 11

What is “lewd” as defined in the Penal Code?

Answer 11

Any act which is committed with a disregard of social constraints.

Question 12

288(b)(1) PC

Answer 12

Act committed by use of force, violence, duress,

menace, or fear of immediate and unlawful injury of the child or another person.

Question 13

288.5 PC

Answer 13

Continual sexual abuse:
When an offender has recurring access to a child under the age of 14 and commits three or more felonies over a period of at least three months.

Question 14

647.6 PC

Answer 14

Annoying or molesting children

Question 15

Elements of 647.6 PC

Answer 15

• any person
• annoying or molesting
• any child under the age of 18.

Question 16

When is 647.6 PC a Felony?

Answer 16

• Perpetrator commits an act after entering an inhabited house or dwelling without consent.
• This is the perpetrator’s second or subsequent offense
• The perpetrator commits an act and has a prior felony conviction for 288, 647.6 or 311.4

Question 17

311.11 PC

Answer 17

The possession of child pornography

Question 18

Elements of 311.11 PC

Answer 18

• knowingly
• possessing or controlling
• any matter
• depicting a child under the age of 18 years
• engaging in or simulating sexual conduct.

Question 19

When is 311.11 PC a Felony?

Answer 19

it is classified as a felony when the perpetrator has been previously convicted for a violation of Penal Code Section 311.11

Question 20

What is not considered as child pornography?

Answer 20

• Drawings
• Figurines
• Statues
• Any film rated by the Motion Picture Association of America
• Live or recorded telephone messages when transmitted, disseminated distributed as part of a commercial transaction

Question 21

Elements of 261.5 PC

Answer 21

• sexual intercourse
• with a minor under the age of 18
• who is not the spouse of the perpetrator

Question 22

261.5 PC

Answer 22

Unlawful sexual intercourse

Question 23

When is 261.5 PC a misdemeanor?

Answer 23

when the suspect is three years or less older than the victim

Question 24

11117(e) PC

Answer 24

Failure to report a suspected child abuse incident, is a misdemeanor.

Question 25

11167.5 PC

Answer 25

Requires that the reports shall be confidential and

may be disclosed only to approved organizations