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Phase 1 > Penal Codes > Flashcards

Penal Codes Flashcards

1
Q

P.C. 118(a)

A

PURJURY (Felony)

1A.) The defendant took an oath to testify/declare/depose/certify truthfully before a competent tribunal/officer/person under circumstances in which the oath of the State of California lawfully may be given

1B.) The defendant testified/declared/deposed/certified under penalty of perjury under circumstances in which such testimony/declaration/deposition/certificate was permitted by law

  1. ) When the defendant testified/declared/deposed/certified he/she willfully stated that the information was true even though he/she knew it was false
  2. ) The information was material
  3. ) The defendant knew he/she was making the statement under oath/penalty of perjury
  4. ) When the defendant made the false statement he/she intended to testify/declare/depose/certify falsely while under oath/penalty of perjury
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2
Q

P.C. 118a

A

PERJURY BY FALSE AFFIDAVIT (Felony)

  1. The defendant gave an affidavit in which they swore/affirmed/declared/deposed/certified that they would testify/declare/depose/certify before a competent tribunal/officer/person in connection with a case that had been or would be filed.
  2. The defendant signed and delivered their affidavit to someone else intending that it be used, circulated, or published as true.
  3. In the affidavit, the defendant willfully stated that information was true even though they knew it was false.
  4. The information was material.
  5. The defendant knew they were making the statement under oath/affirmation
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3
Q

P.C. 166(a)(4)

(b)(1)

A

CONTEMPT: VIOLATION OF COURT ORDER (Misdemeanor)

  1. A court lawfully issued a written order that the defendant “description of order”
  2. The defendant knew about the court order and it’s contents
  3. The defendant had the ability to follow the court order
  4. The defendant willfully violated the court order
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4
Q

P.C. 240

A

ASSAULT ON PERSON (misdemeanor)

  1. The defendant did an act that by its nature would directly and probably result in the application of force to a person
  2. The defendant did that act willfully
  3. When the defendant acted, they were aware of facts that would lead a reasonable person to realize that their act by its nature would directly and probably result in the application of force to someone
  4. When the defendant acted, that had the present ability to apply force to a person
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5
Q

P.C. 241(a)

A

ASSAULT ON PERSON (Definition)

An assault is punishable by a fine not exceeding $1000, or by imprisonment in the county jail not exceeding 6 months, or by both the fine and imprisonment.

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7
Q

P.C. 242

A

SIMPLE BATTERY (WOBBLER)

  1. The defendant willfully and lawfully touched “name” in a harmful or offensive manner.
  2. The defendant did not act in self-defense/in the defense of someone else/while reasonably disciplining a child.
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8
Q

P.C. 415(1)

A

DISTURBING THE PEACE: FIGHTING OR CHALLENGING SOMEONE TO FIGHT (misdemeanor)

  1. The defendant willfully and unlawfully fought/challenged someone else to fight
  2. The defendant and the other person were in a public place/in a building or on the grounds of “name of school” when the fight occurred/the challenge was made.
  3. The defendant did not act in self-defense/or in defense of someone else
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9
Q

P.C. 415(2)

A

DISTURBING THE PEACE: LOUD AND UNREASONABLE NOISE (misdemeanor)

  1. The defendant maliciously and willfully disturbed another person by causing loud and unreasonable noise.
  2. The other person was in a building or on the grounds of “school name” at the time of the disturbance
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10
Q

P.C. 415(3)

A

DISTURBING THE PEACE: OFFENSIVE WORDS (misdemeanor)

  1. The defendant used offensive words that were inherently likely to provoke an immediate violent reaction
  2. When the defendant used those words, they were in a public place/in a building or on the grounds of “school name.”
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11
Q

P.C. 417(a)(1)

A

BRANDISHING A DEADLY WEAPON OTHER THAN A FIREARM (misdemeanor)

  1. The defendant drew or exhibited a deadly weapon in the presence of someone else
  2. The defendant did so in a rude , angry, or threatening manner /or the defendant unlawfully used the deadly weapon in a fight or quarrel
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12
Q

P.C. 417(a)(2)

A

BRANDISHING A FIREARM (misdemeanor)

  1. The defendant drew or exhibited a firearm in the presence of someone else
  2. The defendant did so in a rude , angry, or threatening manner /or the defendant unlawfully used the firearm in a fight or quarrel
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13
Q

P.C. 417(a)(2)(A)

A

BRANDISHING FIREARM: PUBLIC PLACE (misdemeanor)

  1. The defendant drew or exhibited a firearm that was capable of being concealed on the person
  2. When the defendant so, they were in a public place in an incorporated city/or on a public street
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14
Q

P.C. 476

A

CHECK FRAUD (wobbler)

  1. The defendant possessed/made/passed/used/attempted to pass or use a/an false/altered check/bill/note/other legal writing for the payment of money or property
  2. The defendant knew that the document was false/altered
  3. When the defendant possessed/made/passed/used/attempted to pass or use the document, he/she intended to defraud
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15
Q

P.C. 484(a)

P.C. 488

A

PETTY THEFT

  1. ) The defendant took possession of property owned by someone else
  2. ) The defendant took the property without the owners consent
  3. ) When the defendant took the property he/she intended to deprive the owner of it permanently/or to remove it from the owners possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property
  4. ) The defendant moved the property, even a small distance , and kept it for any period of time , however brief.
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16
Q

P.C. 487(a)

A

GRAND THEFT (WOBBLER)

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17
Q

P.C. 537 (a)(1)

A

Defraud an innkeeper (

18
Q

P.C. 537(a)(2)

A

Defraud an innkeeper (>$400)

19
Q

P.C. 594

A

VANDALISM (misdemeanor < $400)
(Felony >= $400)

  1. ) The defendant maliciously (defaced with graffiti or with other inscribed material[,]/[or] damage[,]/[or] destroyed) (real/[or] personal) property;
  2. ) The defendant (did not own the property/owned the property with someone else)(;/.)
20
Q

P.C. 602

A

TRESPASS (MISDEMEANOR)

21
Q

P.C. 647

A

DISORDERLY CONDUCT (MISDEMEANOR)

22
Q

P.C. 653

A

(Misdemeanor)

Every person who tattoos or offers to tattoo a person under the age of 18 years

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