Penal Codes Flashcards

0
Q

Define 211PC

A

Robbery is the felonious taking of personal property of another accomplished by the means of force or fear

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1
Q

What code is robbery? (Felony)

A

211PC

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2
Q

Element 1 of 211PC

A

The victim had possession of personal property of some value, however slight

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3
Q

Element 2 of 211PC

A

The defendant took personal property from the victim or in his/her immediate presence

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4
Q

Element 3 of 211PC

A

The property was taken against their will

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5
Q

Element 4 of 211PC

A

Was accomplished through force or fear

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6
Q

Element 5 of 211PC

A

The defendant took the property with the specific intent to deprive the victim permanently of his/her property

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7
Q

What is the code for false imprisonment?

A

236PC

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8
Q

Define 236PC

A

False imprisonment is the unlawful violation of personal liberty or another

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9
Q

Elements of 236PC

A

1) intentionally restrained, confined, or detained victim
2) compelled the victim to stay or go somewhere
3) was against the victims will

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10
Q

What is the code for assault? (Misdemeanor)

A

240PC

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11
Q

Define 240PC

A

An assault is an unlawful attempt, coupled with the present ability, to commit a violent injury on the person of another

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12
Q

What are the elements for 240PC?

A

1) the attempt to use force upon a person of another, that would likely result in injury.
2) at the time of the act, the defendant had the present ability to commit an injury on the person

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13
Q

What is the code for battery? (Misdemeanor or felony)

A

242PC

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14
Q

Define 242PC

A

A battery is any willful and unlawful use of force or violence upon the person of another

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15
Q

What are the elements of 242PC?

A

1) defendant used force or violence upon the person of another
2) The force was willful and unlawful

16
Q

What is the code for assault with a deadly weapon? (Felony)

A

245PC

17
Q

Define 245PC

A

Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by means of force likely to produce great bodily injury

18
Q

What are the elements for 245PC?

A

1) the defendant assaulted the victim

2) the assault was committed with a deadly weapon or instrument other than a firearm