LD 7

Question 1

BATTERY PC 242

Answer 1

Misdemeanor
ELEMENTS:
- Willful and unlawful 
- use of force or violence
- on the person of another

Question 2

AWD PC 245(a)(1)

Answer 2

FELONY
elements:
- unlawful attempt and
present ability
to commit a violent injury
upon the person of another
by use of a deadly force causing GBI

Question 3

ELDERLY/ DEPENDANT ADULT ABUSE PC 368

Answer 3

Wobbler
Elements:
- any person who willfully causes elder or DA to suffer. inflicts physical or mental pain
- willfully causes elder or DA to be injured or endangered
- theft or embezzlement of elderly/DA

Question 4

KIDNAPPING PC 207

Answer 4

FELONY
Elements:
- unlawful taking of a person
- against their will
- by force or fear
- from one place or another

Question 5

FALSE IMPRISONMENT PC 236

Answer 5

MISDEMEANOR 
Elements:
- unlawful violation
- of personal liberty
- of another

Question 6

CHILD ABDUCTION WITH CUSTODIAL RIGHTS PC 278.5

Answer 6

FELONY
Elements:
- every person who entices away, keeps, withholds, conceals
- with intent to deprive
- the other person of his/her right to custody or visitation

Question 7

CHILD ABDUCTION WITHOUT CUSTODIAL RIGHTS PC 278

Answer 7

FELONY
Elements:
- every person
- not having custodial rights
- who maliciously takes entices away, keeps, withholds, conceals,
- any minor child
- with intent to conceal from a person with lawful custody

Question 8

ROBBERY PC 211

Answer 8

felony
Elements:
- taking of personal property of another
- from person or immediate presence
- against the persons will
- accomplished by means of force or fear

Question 9

CARJACKING PC 215

Answer 9

FELONY
Elements:
- taking a motor vehicle
- from person or immediate presence
- of a possessor or passenger
- by means of force or fear
- with intent to temp or permanently deprive the vehicle

Question 10

MURDER PC 187

Answer 10

FELONY
Elements:
- unlawful killing of a human being or fetus
- with malice aforethought

Question 11

MANSLAUGTHER PC 192

Answer 11

FELONY
Elements:
- unlawful killing of another
- without malice aforethought

Question 12

FIRST DEGREE MURDER

Answer 12

• PREMEDITATED
• EXPLOSIVES
• TORTURE - PC 206 and 12022.7
• POISON
• LYING IN WAIT

Question 13

FELONY MURDER RULE

Answer 13

Occurs when ANY killing happens during the commission of certain felonies listed in pc 189

• arson
• robbery
• burglary
• mayhem
• train wrecking
• rape
• carjacking
• kidnapping
• drive by shooting

Question 14

HEAT OF PASSION

Answer 14

A blinding rage, which clouds judgement and common sense and prompts a person to act rashly, without deliberation.

Question 15

VOLUNTARY MANSLAUGTHER PC 192(a)

Answer 15

• During heat of passion presumes that the act was committed without deliberation or refection.

Question 16

Imperfect self defense

Answer 16

the killer had an actual belief in the necessity to use deadly force to defend himself against imminent peril to life or GBI, but under the circumstances, this belief, no matter how genuine was not reasonable

Question 17

INVOLUNTARY MANSLAUGHTER PC 192(b)

Answer 17

FELONY

• In the commission of an unlawful act not amounting to a felony or
• in the commission of a lawful act which might produce death in an unlawful manner, or
• without caution and circumspection`

Question 18

VEHICULAR MANSALUGTHER PC 191.5(b)

Answer 18

ELEMENTS:
o The intoxication or condition of the driver,
o And the level of negligence displayed by the driver
 191.5(a)- GROSS NEGLIGENCE WHILE INTOXICATED (FELONY)
 192(c)(1)- GROSS NEGLIGENCE WHILE NOT INTOXICATED (FELONY)
 192(c)(3)- ORDINARY NEGLIGENCE WHILE INTOXICATED (FELONY)
 192(c)(2)- ORDINARY NEGLIGENCE WHILE NOT INTOXICATED (MISDEMEANOR)
• Running a stop sign
• Running a red light
• Going over speed limit

Question 19

SIDS

Answer 19

SUDDEN INFANT DEATH SYNDROME

• Under one year old
• healthy prior to death
• died during duration of sleep
• no visible signs of trauma or injury at death