Shared Flashcard Set


FTO Program - SCC Parks
PC, CVC, F&G, W&I, H&S Codes

Additional Law Flashcards




(PC 207) –felony

◦When a person forcibly, or by means of instilling fear, takes another person to another place.

◦The force does not need to be physical force. The victim feeling compelled to obey under the threat of force is enough.

◦Movement does not refer to a specific distance, only where the victim faces possible further danger.
(PC 211) –felony

◦Taking of personal property of another from the person or immediate presence, against the person’s will, accomplished by means of force or fear.

◦The use of “force or fear” is what separates robbery from grand theft person. Taking someone's wallet from their pocket without their knowledge is grand theft. Threatening them or using force to overcome their resistance is robbery.
(PC 220) –felony
Assault with intent to commit rape or other related crimes

◦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
(PC 242) –misdemeanor

◦willful and unlawful use of force or violence upon the person of another.
- Examples: Spitting, hitting something out of hands..
(PC 243(d)) –felony
Battery with great bodily injury

◦Battery causing serious impairment or physical condition, including, but not limited to:
loss of consciousness
bone fracture
protracted loss or impairment of any member or organ
extensive suturing
serious disfigurement
(PC 243(b)) –misdemeanor
Battery on Peace Officer

◦Also applies to firefighters, EMT’s, SAR members
◦Person must be acting in their official capacity
◦If person is injured, then crime becomes a felony
PC 243(c)(2) for Park Rangers / peace officers
PC 243(c)(1) for all other emergency personnel
(PC 240) -misdemeanor

◦An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another
◦An assault is an attempted / unsuccessful battery
(PC 245) –felony
Assault with a deadly weapon

◦an attempt upon the person of another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury.
◦The object need not be a “weapon.” The use of hands or feet to severely beat a person, or throwing them into a dangerous area (such as pushing into a busy roadway) qualifies as ADW.
(PC 422) –felony
Terrorist Threats

◦Willfully threaten to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, is to be taken as a threat, even if there is no intent of actually carrying it out, and which, on its face and under the circumstances in which it is made causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety.
(PC 273a) -wobbler
Child harm, neglect, or injury

an act in which a person willfully causes or permits a child to suffer, inflicts unjustifiable pain or mental suffering, or allows a child in his or her care or custody to be placed in a dangerous situation
Felony or misdemeanor, depending on the circumstances
(PC 288) –felony
Lewd or lascivious acts with a child

any act upon or with a child committed with the intent of arousing, appealing to, or gratifying sexual desire of the perpetrator or the child.
Only applies to children 15 and younger, and for 14 or 15 the perpetrator must be at least 10 years older.
(PC 647.6) –misdemeanor
Annoying or molesting children

any act committed against a person under the age of 18 which would annoy any reasonable person
Does not require the victim be touched
(PC 261.5) -felony/misdemeanor
Unlawful sexual intercourse

sexual intercourse with a minor under the age of 18 who is not married to the perpetrator
If the perpetrator is three years or less older than the victim, this crime is a misdemeanor. If greater than three years, it’s a felony.
(PC 261) –felony

–an act of penile/vaginal intercourse accomplished with a person, not the spouse of the perpetrator, and without the consent of the person
–Penetration, however slight, completes the act.
–There need not be any force or threats involved; non-consent is all that is necessary.
–In parks, there are often times where you may find two adults having sex in vehicles, restrooms, etc. It is important to ensure that the female is there willingly. Separate the two parties and interview the female to make sure there is no crime.
(PC 314) -felony/misdemeanor
Indecent Exposure

–an act in which a person willfully and lewdly exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other individuals to be offended or annoyed thereby
–Willfully and lewdly are the keys here. A subject who exposes his penis to urinate against a bush off-trail is not in violation of this section. If he were to turn around to a passing hiker and call out while pointing to his penis, it would be a violation.
–Felony if violator has prior convictions for PC 288 or PC 314, or if they entered an inhabited building or trailer coach. Misdemeanor otherwise.
(PC 243.4(a)) -felony/misdemeanor
Sexual Battery

–the act of touching another person’s intimate parts for the purpose of sexual arousal, sexual gratification, or sexual abuse, against the will of the person
–Can be a felony or a misdemeanor (felony requires restraint and the touching of bare skin).
–Careful investigation of this crime can determine if a sexual battery occurred, or a simple battery (PC 242).
(PC 290)
•Penal Code section 290 requires that persons convicted of specified sex crimes register as a sex offender.
•Some of the crimes include:
–oral copulation
–penetration with a foreign object
–lewd acts upon a child
–spousal rape
–assault with attempt to commit any of the above
–indecent exposure
–sexual battery
–kidnapping with intent to commit sexual assault
(PC 273.5) –felony
when any person willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or on any person who is the mother or father of his or her child, corporal injury resulting in a traumatic condition
The injury does not have to be serious, only present.
(PC 13700(b))- Definition
“Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.
(PC 646.9) –felony

When any person willfully, maliciously, and repeatedly follows or harasses another person and makes a credible threat with the intent of placing that person in reasonable fear for his or her safety, or that of his or her immediate family
The victim must be aware of, and distressed by, the stalkers conduct. However, the awareness can come later.
A person having to change their daily routine, or seeking medical / psychological help, is sufficient to meet the criteria for this violation.
(PC 591) –felony
The obstruction, removal, taking down, severing, or making an unauthorized connection of phone, cable, electric lines, or their wires that conduct electricity
Does not include cell phones
(PC 591.5) –misdemeanor
Remove, injure, destroy, damage or obstruct any wireless communication device with the intent to prevent the use of the device to summon assistance or notify law enforcement
PC 243(e)(1) –misdemeanor
when unlawful force or violence is used against a person who is a spouse or former spouse, cohabitant, party with whom the perpetrator has a child in common, a current or former engaged partner, or current or former dating partner
If there is an injury, then it is a violation of PC 273.5.
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