LD 7 Crimes Against Persons (CH.2)

Question 1

207 PC Kidnapping

Answer 1

when a person forcibly, or by means of instilling fear, takes another person to another place

Elements:

• unlawful taking of a person
• against his or her will
• by force or fear
• from one place to another

certain distance is not required

Question 2

When is 207 PC kidnapping a Felony?

Answer 2

207- when a person is forcibly, or by means of instilling fear, takes another person to another place

207 (b)- Kidnapping a child under 14
209 - Kidnapping for ransom
210.5 - Taking of hostages

Question 3

207 PC

Answer 3

Kidnapping a child under 14
- enticing, hiring, seduces

FELONY

Question 4

209 PC

Answer 4

Kidnapping for ransom

FELONY

Question 5

210.5 PC

Answer 5

Taking hostages (after 236 is committed)

FELONY

Question 6

236 PC

Answer 6

False imprisonment

• unlawful violation
• of the personal liberty
• of another

MISDEMEANOR

Question 7

When is 236 a Felony?

Answer 7

False imprisonment
*** if accomplished by means of violence, menace, fraud, or deceit

FELONY

Question 8

236 PC False Imprisonment Elements:

Answer 8

• restraining
• confining
• detaining
• compelling someone to stay or go somewhere without their consent

Question 9

236.1 PC

Answer 9

Human trafficking
(with intent to prostitute victim)

Question 10

When can a subject be detained against their will?

Answer 10

490. 5 PC
     - when someone is suspected of shoplifting
     - when someone is suspected or operating an unauthorized video device in a theater

Question 11

278 PC

Answer 11

Child Abduction (under the age of 18), without custodial rights

• occurs when a person, NOT HAVING RIGHT OF CUSTODY, restrains/withholds the child from the person having lawful custody

FELONY

Question 12

What are the elements to 278 PC?

Answer 12

• every person
• NOT HAVING THE RIGHT OF CUSTODY; who
• maliciously takes, entices away, keeps, withholds or conceals
• any minor child
• with intent to detain or conceal
• from person having lawful custody

Question 13

Child Abduction terms:

Answer 13

court/custody order: permanent/ temp custody
operation of law: natural parents have equal rights to custody
right of custody: custody order
visitations: time for access to the child allocated to any person by court order
lawful custodian: means to person, guardian, or public agency w/ right to custody
custodial proceeding: hearing in which custody is determined

Question 14

278.5 Child abduction

Answer 14

• every person who entices away, keeps, withholds, or conceals
• with intent to deprive
• the other person of his/her rights of custody or visitation

FELONY

Question 15

278.7 Good Samaritan exception

Answer 15

provides a good samaritan exception to the prohibition against detainment or concealment of a child from legal custodian. not a crime because it is for GOOD CAUSE