Penal Codes - Ld 07 - Crimes Against Persons

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Penal Code Section 242

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Battery

Misdemeanor

To arrest a subject for the crime of battery, the necessary crime elements must include:
• willful and unlawful
• use of force or violence
• on the person of another

NOTE: Every battery contains the lesser crime of assault.

NOTE: The crime of battery requires actual physical contact with the victim or with items closely associated with the victim’s person (i.e., clothing, canes, and other walking devices).

NOTE: Battery as it relates to domestic violence is covered in Penal Code Section 243(e)(1) and is referenced in LD 25: Domestic Violence.

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Penal Code Section 243(b)

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Battery upon a specified person, i.e., peace officer

Misdemeanor

A battery upon a peace officer can only occur when the officer is engaged in the lawful performance of his/her duties. The person committing the offense must know or reasonably know that the victim is a peace officer.

NOTE: This offense cannot occur in the course of an illegal arrest or an arrest involving the use of excessive force because then the officer is not engaged in a lawful activity.

Front 3

Penal Code Section 243(c)(1)

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Battery upon a specified person with treatable injury, i.e., peace officer

Felony.

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Penal Code Section 243(d)

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Battery causing/inflicting serious bodily injury

Felony

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Penal Code Section 243.8

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Battery on a sports official

A battery on a sports official can occur when a person is engaged in the lawful performance of his/her duties. The person committing the offense must know or reasonably know that the victim is a sports official.

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Penal Code Section 243.5

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Battery on school property

If a person commits an assault or battery on school property (K-12, community college, adult school, evening high school) during hours when school activities are being conducted, peace officers may, without a warrant, arrest the person who commits the assault or battery.

NOTE: This is an exception to the general rule requiring that the misdemeanor was committed in the officer’s presence.

Front 7

Penal Code Section 245

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Assault with a Deadly Weapon or by Means of Force

Felony

To arrest a subject for the crime of assault with a deadly weapon or by means of force, the necessary crime elements must include:
• unlawful attempt, and
• the present ability
• to commit a violent injury
• upon the person of another
• by use of a deadly weapon
• or force likely to produce great bodily injury

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Penal Code Section 245(a)(2)

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Assault with a firearm

felony

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Penal Code Section 245(c)

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Assault with other than a firearm on a peace officer

felony

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Penal Code Section 245(d)

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Assault with a firearm upon a peace officer or firefighter

felony

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Penal Code Section 244

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Assault with caustic chemicals

felony

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Penal Code Section 244.5

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Assault with stun gun or taser

misdemeanor or felony

Front 13

Penal Code Section 368

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Elder or Dependent Adult Abuse

To arrest a subject for the crime of elder or dependent adult abuse, the necessary crime elements must include:

• any person who willfully causes or permits an elder or dependent adult to suffer or inflicts unjustifiable physical pain or mental suffering
• willfully causes or permits the elder or dependent adult to be injured or endangered
• violates any provision of law proscribing theft or embezzlement to the property of that elder or dependent adult

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Penal Code Section 368(b)

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Any person who knows or should know that a person is an elder or dependent adult and who, under any circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to:
 suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or
 having care and custody, permits the person or health to be injured, or
 be placed in a situation such that the person or health is endangered.

Felony

Front 15

Penal Code Section 368(c)

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Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor.

misdemeanor

Front 16

Penal Code Section 368(d) and

Penal Code Section 368(e)

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Any person or caretaker who violates any provisions of the law proscribing theft or embezzlement with respect to the property of the elder or dependent adult.

misdemeanor, or felony

(Same as theft)

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Penal Code Section 368(f)

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Any person who commits false imprisonment of an elder or dependent adult by use of violence, menace, fraud, or deceit.

felony

Front 18

Penal Code Section 207(a)

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Kidnapping

Felony

To arrest a subject for the crime of kidnapping, the crime elements must include:

• unlawful taking of a person
• against his or her will
• by force or fear
• from one place to another.

NOTE: The movement involved in any taking does not refer to a specific distance; rather it refers to whether or not the victim was exposed to additional danger because of the movement.

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Penal Code Section 207(b)

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Kidnapping a child under 14

Felony

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Penal Code Section 209

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Kidnapping for ransom

felony

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Penal Code Section 210.5

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Taking of hostages

felony

Front 22

Penal Code Section 236

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False Imprisonment

To arrest a subject for the crime of false imprisonment, the necessary crime elements must include:
• unlawful violation
• of the personal liberty
• of another.

False imprisonment is a misdemeanor.

False imprisonment if accomplished by means of violence, menace, fraud, or deceit, is a felony.

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Penal Code Section 236.1

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Human Trafficking

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Penal Code Section 490.5

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There are situations when the law allows individuals to be detained against their will.

For example:
• A merchant has the authority to detain a person suspected of shoplifting, theft, or burglary.
• A theater owner has the authority to detain a person suspected of operating an unauthorized video device within the premises of a motion picture theater.

Front 25

Penal Code Section 278

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Child Abduction without Custodial Right

Felony

To arrest a subject for child abduction without custodial right, the necessary elements must include:
• every person
• not having the right of custody, who
• maliciously takes, entices away, keeps, withholds, or conceals
• any minor child
• with the intent to detain or conceal
• from a person having lawful custody

Front 26

Penal Code Section 278.7

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Penal Code Section 278.7 provides a Good Samaritan exception to the prohibition against detainment or concealment of a child from legal custodians. Under this code, it will not be considered a crime to detain or conceal a child if the person doing so is acting under good cause.

Good cause is a good faith belief that the taking, detaining, concealing, or enticing away of the child is necessary to protect the child from immediate bodily injury or emotional harm

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Penal Code Section 278.5

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Child Abduction with Custodial Right

Felony

To arrest a subject for child abduction with custodial right, the necessary crime elements must include:
• every person who entices away, keeps, withholds, or conceals
• with intent to deprive
• the other person of his or her right to custody or visitation

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Penal Code Section 211

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Robbery

Felony

To arrest a subject for robbery, the necessary crime elements must include:
• taking of personal property of another
• from the person or immediate presence
• against the person’s will
• accomplished by means of force or fear

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Penal Code Section 212

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In the course of a robbery, there must be a reasonable apprehension of danger. The apprehension of danger is defined as (Penal Code Section 212):
• the fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family
• the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery

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Penal Code Section 212.5(a)

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Robbery of hired vehicle

felony

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Penal Code Section 212.5(b)

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Robbery at an Automated Teller Machine (ATM)

felony

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Penal Code Section 212.5(c)

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Any other type of robbery or robberies not listed in subdivisions (a) and (b) are of the second degree

felony

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Penal Code Section 215

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Carjacking

Felony

To arrest a subject for carjacking, the necessary crime elements must include:
• taking of a motor vehicle
• from the person or immediate presence
• of a possessor or passenger
• by means of force or fear
• with the intent to either, permanently or temporarily deprive the possessor or passenger

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Penal Code Section 209.5

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Any person who, during the commission of a carjacking and in order to facilitate the commission of the carjacking kidnaps another person who is not a principal in the commission of the carjacking has committed the crime of kidnapping.

Felony

Front 35

Penal Code Section 187

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Murder

Felony

To arrest a subject for murder, the necessary crime elements for murder must include:
• unlawful killing of a human being or fetus
• with malice aforethought

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Penal Code Section 189

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First degree murder

When murder is perpetuated under the following conditions, it would be classified as first-degree murder. (Penal Code Section 189)

These types of murders can be easily recalled using the acronym “PET PoLy” which stands for:
• Premeditated,
• Explosives (including Weapons of Mass Destruction (WMD’s), destructive devices, and metal or armor piercing ammunition)
• Torture (Penal Code Sections 206 and 12022.7)
• Poison
• Lying in wait

Destructive devices are defined in Penal Code Section 12301. Explosive devices are defined in Health and Safety Code Section 12000. WMD’s are defined in Penal Code Section 11417.

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Penal Code Section 192

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Manslaughter

To arrest a suspect for voluntary manslaughter, the necessary crime elements must include:

• the unlawful killing of a human being without malice.

Front 38

Penal Code Section 192(a)

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Voluntary Manslaughter

Felony

Upon a sudden quarrel or heat of passion.

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Penal Code Section 192(b)

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Involuntary manslaughter

Felony

To arrest a suspect for involuntary manslaughter, the necessary crime elements must include:
• in the commission of an unlawful act not amounting to a felony or
• in the commission of a lawful act which might produce death in an unlawful manner, or
• without caution and circumspection

Front 40

Penal Code Section 191.5

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Vehicular manslaughter

Gross negligence while intoxicated

Felony

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Penal Code Section 192(c)(1)

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Vehicular manslaughter

Gross negligence while not intoxicated

Felony

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Penal Code Section 192(c)(3)

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Vehicular manslaughter

Ordinary negligence while intoxicated

Felony

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Penal Code Section 192(c)(2)

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Vehicular manslaughter

Ordinary negligence while not intoxicated

Misdemeanor