Penal Codes Flashcards
Define 211PC
Robbery is the felonious taking of personal property of another accomplished by the means of force or fear
What code is robbery? (Felony)
211PC
Element 1 of 211PC
The victim had possession of personal property of some value, however slight
Element 2 of 211PC
The defendant took personal property from the victim or in his/her immediate presence
Element 3 of 211PC
The property was taken against their will
Element 4 of 211PC
Was accomplished through force or fear
Element 5 of 211PC
The defendant took the property with the specific intent to deprive the victim permanently of his/her property
What is the code for false imprisonment?
236PC
Define 236PC
False imprisonment is the unlawful violation of personal liberty or another
Elements of 236PC
1) intentionally restrained, confined, or detained victim
2) compelled the victim to stay or go somewhere
3) was against the victims will
What is the code for assault? (Misdemeanor)
240PC
Define 240PC
An assault is an unlawful attempt, coupled with the present ability, to commit a violent injury on the person of another
What are the elements for 240PC?
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
What is the code for battery? (Misdemeanor or felony)
242PC
Define 242PC
A battery is any willful and unlawful use of force or violence upon the person of another