Deck 1 Flashcards
Penal Code 459 (PC 459)
Burglary:
involves entering any structure (house, room, apartment, shop, warehouse, etc.) with the intent to commit theft or any felony inside.
Penal Code 484 (PC 484)
Petty theft:
is stealing someone’s personal property without permission. This generally applies to property valued under $950.
Penal Code 487 (PC 487)
Grand theft:
occurs when the stolen property is valued over $950 or when specific items like automobiles (GTA) are taken.
Penal Code 590.5 (PC 590.5)
Malicious Injury to Telegraph, Telephone, or Cable Lines:
The unlawful and malicious act of damaging or obstructing the use of wireless communication devices to prevent summoning assistance or notifying law enforcement.
Penal Code 15 (PC 15)
Crime:
A crime or public offense is an act committed or omitted in violation of a law that either forbids or commands it. When an individual is convicted of such an act, the law prescribes certain punishments.
Penal Code 187 (PC 187)
Murder:
The unlawful killing of a human being, or a fetus, with malice aforethought.
Unlawful Killing: Must result in death; not legally justified.
Malice Aforethought:
Express Malice: Deliberate intent to kill.
Implied Malice: Reckless disregard for human life.
Penal Code 207 (PC 207)
Kidnapping:
Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping
Penal Code 211 (PC 211)
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.
Penal Code 215 (PC 215)
Carjacking:
is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.
Penal Code 245 (PC 245)
Assault with a Deadly Weapon:
Any person who commits an assault upon the person of another with a
deadly weapon or instrument other than a firearm shall be punished by
imprisonment in the state prison.
(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison.
Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison
Penal Code 594 (PC 594)
Malicious Mischief:
Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism:
(1)Defaces with graffiti or other inscribed material.
(2)Damages.
(3)Destroys.
Penal Code 602 (PC 602)
Trespassing:
Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner’s agent, or by the person in lawful possession to leave the lands.
Penal Code 647 (PC 647)
Disorderly Conduct / Public Intoxication:
Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance.
Penal Code 314 (PC 314)
Indecent Exposure:
1.Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,
2.Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts.
Penal Code 415 (PC 415)
Disturbing the peace
(1)Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
(2)Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
(3)Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.
Penal Code 417 (PC 417)
Man with a gun.
(a)(1)Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.
Penal Code 422 (PC 422)
Criminal Threats
(a)Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
Penal Code 240 (PC 240)
Assault
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
Penal Code 243 (PC 243)
Domestic Battery
When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.
If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.
