Sex Crimes

Question 1

What is the Penal Code interpretation of “Consent”

Answer 1

consent means agreeing to an action freely and voluntarily and with knowledge of the nature of the act or transaction involved.

Question 2

261 PC

Answer 2

Rape

Question 3

Elements of 261 PC

Answer 3

• an act of penile/vaginal intercourse which is committed
• with a person, not the spouse of the perpetrator, and
• without consent of the person.

Question 4

220 PC

Answer 4

Assault with intent to commit mayhem, rape, sodomy, oral copulation, rape in concert, lewd acts with a child, or penetration with a foreign object

Question 5

Elements of 220 PC

Answer 5

• assault
• with specific intent
• to commit mayhem, rape, sodomy, oral copulation, rape in concert, lewd
  acts with a child, or penetration with a foreign object.

Question 6

240 PC

Answer 6

Assault

Question 7

Elements of 240 PC

Answer 7

An assault as an unlawful attempt,

coupled with a present ability, to commit a violent injury on another person.

Question 8

What is “Mayhem” as defined in the Penal Code?

Answer 8

when a person unlawfully and maliciously deprives a human being of a member of his or her body, disables, disfigures, or renders it useless; cuts
or disables the tongue; puts out an eye; or slits the nose, ear, or lip.

Question 9

What is the statue of limitations for those that commit assualt with intent to commit a sex crime?

Answer 9

3 years

Question 10

314 PC

Answer 10

Indecent Exposure

Question 11

Elements of 314 PC

Answer 11

• willful and lewd,
• exposure of one’s person or private parts
• in any public place
• or any place where other individuals are present to be offended or annoyed.

Question 12

When is 314 PC a felony?

Answer 12

• Prior conviction for 314 PC or 288a
• When the person enters an inhabited dwelling house, trailer coach, or inhabited portion of any building and entry was made without consent

Question 13

285 PC

Answer 13

Incest

Question 14

Elements of 285 PC

Answer 14

• individuals being within the degrees of consanguinity

- who intermarry or have penile/vaginal intercourse.

Question 15

Can oral copulation be incest under the law?

Answer 15

The only sexual act which constitutes the crime of incest is penile/vaginal intercourse. Oral copulation, for example, would not constitute the crime.

Question 16

What is the definition of “Consanguinity” according to the Penal Code?

Answer 16

Means related by blood.

Question 17

288a PC

Answer 17

Oral copulation

Question 18

Elements of 288a PC

Answer 18

• the act of copulating the mouth of one person
• with the sex organ or anus of another person,
• without consent of the victim.

Question 19

289 PC

Answer 19

Penetration with a foreign object

Question 20

Elements of 289 PC

Answer 20

• the use of a foreign or unknown object for purposes of sexual arousal, gratification, or abuse
• to penetrate, however slight,
• the genital or anal openings
• against the person’s will or causes another person to penetrate

Question 21

262 PC

Answer 21

Spousal rape

Question 22

Elements of 262 PC

Answer 22

• an act of penile/vaginal intercourse, which

- is against the will of the spouse (without consent).

Question 23

286 PC

Answer 23

Sodomy

Question 24

Elements of 286 PC

Answer 24

• penetration, however slight,
• of the penis of one person
• into the anus of another person
• without consent

Question 25

243.4 PC

Answer 25

Sexual Battery

Question 26

Elements of 243.4 PC

Answer 26

• the victim’s or person’s intimate part is touched
• without consent of the victim, and
• with specific intent to achieve sexual arousal, sexual gratification, or sexual
  abuse.