Penal Codes Flashcards
148 (a) (1)
Resisting Arrest
elements: intentional act, knowledge they willfully resisted, lawful performance (officer or EMT were trying to do their duty)
166 (a) (4)
Violating a court order
elements: court lawfully issued a written order, person knew about order, had ability to follow order, willfully violated the order.
187
murder
elements: causation, acted with wanton disregard for human life and high likelihood of death, lack of justification.
192
voluntary manslaughter
elements: intentionally acted in a way that caused someone’s death, killed someone with motor vehicle
207(a)
kidnapping
elements: used force or fear to detain or make a person move, victim did not consent, distance moved was substantial.
211
robbery
elements: took property that did not belong to them from someone’s immediate presents, against the owners will, the person knew they would commit robbery.
215
carjacking
elements: took vehicle from owner or passenger, used force or fear to take the vehicle. intent to permanently or temporarily deprive the owner of vehicle.
236
false imprisonment
elements: intentionally detained, restrained or confined. victim was harmed and did not give consent. restraint caused victim to stay or go somewhere for a period of time.
242
battery
elements: made/ acted with intent to commit physical harm, an offensive act,
243 (e) (1)
domestic battery
elements: intentional touching (offensive harmful way), victim relationship (spouse, ex, finance, co-parents, etc)
245
assault with a deadly weapon
elements: using deadly weapon, have intent, awareness, the ability to use force
246
shooting at an inhabited dwelling or occupied vehicle
elements: willfully maliciously discharged a firearm, shot at inhabited air craft or camper as well.
247
shooting at unoccupied vehicle or building
elements: shooting at unoccupied aircraft
261
rape
elements: non consent, used force, violence, duress, menace, fear or fraud to achieve act.
272
contributing to delinquency of a minor
elements: committed an act or failed to perform a duty, caused child to become delinquent, a habitual truant, or a dependent child of juvenile court.
273a
child endangerment
elements: intentional act, unjustifiable pain or suffering, circumstances likely to produce great bodily harm or death, and have custody or care of the child
273d
child abuse
elements: willful infliction, cruel or inhumane punishment, traumatic condition, no legal excuse, victim is a child.
273.5
corporal injury to spouse
elements: willful injury, domestic relationship, traumatic confusion, visible injury
286
sodomy
elements: contact between penis of one person and anus of other. under 18, unable able to consent, forced to do act.
288 (a)
lewd or lascivious acts with a minor
elements: you willfully touched any part of a child’s body on bare skin or through clothing. intent of arousing or sexual desires of yourself or child. under age of 14 years old.
311.11
possession of child pornography
elements: defendant knowingly committed the act and when committed she/he knew the matter showed a person under 18 years of age participating in sexual conduct
314
indecent exposure
elements: intentionally exposed genitals, occurred in public place, likely to offend or annoy others, sexual intent.
368
elder abuse
elements: physical abuse, neglect, abandonment, abduction, financial abuse, had knowledge of crime, had care or custody
407
unlawful assembly
416 (a)
failure to disperse
elements: two or more persons assemble for purpose of disturbing peace or committing unlawful act.
417 (a) (1)
brandishing a deadly weapon
elements: drew, exhibited, or used a deadly weapon. acted in anger, rude, or threatening manner. the conduct disturbed, frightened, offended or injured a “reasonable person”
422
criminal threats
elements: threat was communicated, intent was made, reasonable fear for their safety, threat must be unconditional, immediate and specific.
459
burglary
elements: entered building, room, or vehicle, with intent to commit felony or
theft.
459.5
shoplifting
elements: entering a commercial business, during business hours, under $950
466
possession of burglary tools
elements: possessed burglary tools, intent to break into home, vehicle, building, vessel. did not have authorization to enter property.
470
forgery
elements: intent to commit fraud, no authority to commit the act, falsely signed, made, or materially altered a document.
484
petty theft
elements: intent to take possessions, took property without consent, movement of property for long period of time, value under $950.
487
grand theft
elements: took property without consent, worth more than $950, intent to deprive owner of property.
496 (a)
receiving stolen property
elements: property was obtained by theft, received, concealed, sold or withheld property. the accused knew it was obtained by theft
537
defrauding an innkeeper
elements: obtaining food, fuel, services, or accommodations from business and doing without paying. having the intent.
594
vandalism
elements: acted intentionally, to damage deface, or destroy the property. caused damage, did not own the property which was damaged.
647 (a)
lewd conduct in public
elements: person touched themselves or others for sexual gratification, knew they were in public, aware others would be offended, solicited another person to engage.
647 (b)
prostitution
elements: engaging, soliciting, agreeing to sexual acts for money or other compensation
647 (f)
public intoxication
element’s: misdemeanor
under the influence, in a public place, unable to care for self, interfered with public way
647 (h)
loitering to commit a crime
element’s: delaying, lingering, prowling, or wandering on someone’s private property without a lawful purpose.
273 (a)(b)
willful cruelty to a child
elements: willful infliction of pain or suffering, injury to a child, placing the child in danger
243.4
sexual battery
elements: restrained a victim, touched themselves victim sexually or forced them to touch themselves, touching was against will and for sexual purposes.
273(a)(a)
child endangerment likely to suffer great bodily harm or death
elements: willfully causes or permits a child to suffer, or inflicts unjustifiable physical pain or mental suffering. having care or custody of child.
289
forcible penetration sexually with foreign objects.
elements: against victims will, by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
288a
oral copulation with a minor.
elements: under 18 years old, no consent.
451
arson
elements: willfully and maliciously sets fire to structure, forest, land, and other property.
452
unlawfully causing a fire
elements: recklessly setting, causing damage or injury with fire.
835a
officer justified in using reasonable force
