Penal Codes

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Eriley82
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32216
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Penal Codes
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2010-10-05 11:47:20
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Penal Welfare Institution Health Safety Business Profession Codes
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Law Enforcement Flash Cards
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  1. 602 W&I
    • Wards
    • -A minor who
    • -participants in a criminal act
  2. 601(b) W&I
    • Status Offender
    • -A minor who is
    • -habitually truant (has 4 or more truancies within one school year), or
    • -persistently or habitually
    • -refuses to obey rules of school authorities
  3. 601(a) W&I
    Status Offender

    • -A minor who
    • -persistently or habitually
    • -refuses to obey
    • -reasonable and proper orders or direction of the parent or guardian
  4. 300 W&I
    • Dependent
    • -A minor
    • -at the risk of
    • -physical
    • -emotional, or
    • -other forms of abuse
    • -by a parent or guardian
  5. 305 W&I
    • Authority for Temporary Custody
    • A peace officer has the authority to take into temporary custody, without a warrent, a minor who:
    • -Has immediate need for medical care
    • -is in immediate danger of physical or sexual abuse, or
    • -has been left unattended or is in a physical environment which may pose an immediate threat to the minor's health and safety
  6. 625 W&I
    • Authority for Temporary Custody
    • A peace officer has the authority to take into temporary custody, without a warrent, a minor who:
    • -Comes within the jurisdiction of the court (601 or 602 W&I), or
    • -is the ward of a court who has ciolated a court order or escaped from a court ordered commitment, or
    • -Is found in a public place suffereing from any sickness or injury which requires medical treatment
  7. 11550 H&S
    • Under the Influence of a Controlled Substance
    • Every person who has:
    • -Knowledge of its presence,
    • -control or willfully takes into his or her body a controlled substance, and
    • -Specific intent to inhale, inject, ingest, etc., a controlled substance
    • Classification: Misdemeanor
  8. 11377 H&S
    • Possession of a controlled Substance
    • (Methamphetamine, PCP, LSD, etc.)
    • -Knowledge,
    • -control or constructive control, and
    • -a usable quantity
    • Classification: Felony
  9. 11364 H&S
    • Possession of Drug Paraphernalia
    • -Knowledge of its nature as drug paraphernalia,
    • -control or actual physical possession, and
    • -Possession of the paraphernalia with the specific intent to use the same
    • Classification: Misdemeanor
  10. 11357 H&S
    • Possession of a Controlled Substance
    • (Marijuana, Hashish)
    • -Knowledge,
    • -control or constructive control, and a useable quantity
    • Classification: Felony - (Any usable amount of Hashish)
    • Misdemeanor - Over one ounce of Marijuana
    • Non-Bookable Misdemeanor - One ounce or less of Marijuana
  11. 11350 H&S
    • Possession of a Controlled Substance
    • (Cocaine, Heroin and other Opiates)
    • -Knowledge,
    • -control or constructive control, and
    • -a usable quantity
    • Classification: Felony
  12. 4140 B&P
    • Possesion of a Hypodermic Needle
    • -Possession or control of any
    • -hypodermic needle or syringe
    • -without a prescription
    • Classification: Misdemeanor
  13. 25658.5 B&P
    • Attempt to Purchase by a Minor
    • Any person:
    • -Under the age of 21 years who
    • -attempts to purchase,
    • -any alcoholic beverage,
    • -from a licensee, or the licensee's agent or employee
    • Classification: Misdemeanor
  14. 25658(a) B&P
    • Sales to a Minor
    • Every person:
    • -Who sells, furnishes, or gives or
    • -causes to be sold, furnished, or given away,
    • -any alcoholic beverage
    • -to any person under the age of 21 years
    • Classification: Misdemeanor
  15. 25662(a) B&P
    • Minor in Possession of an Alcoholic Beverage
    • Any person:
    • -Under the age of 21 years, who,
    • -has any Alcoholic beverage in his or her possession,
    • -on any street or highway, or
    • -in any public place, or
    • -in any place open to the public
    • Classification: Misdemeanor
  16. 25661 B&P
    • Minor Possession or Presentation of False ID
    • -Any person:
    • -under the age of 21 years who presents to any licensee, agent or employee,
    • -any written, printed, or photostatic evidence of age and identity which is false, fraudulent or not actuall his or her own
    • -for the purpose of ordering, purchasing, attempting to purchase, or procuring the serving of any alcoholic beverage, or
    • -who has in his or her possession any false or fraudulent ID
    • Classification: Misdemeanor
  17. 25658(b) B&P
    • Purchase/ Consumption by a Minor
    • Any person:
    • -Under the age of 21 years who
    • -purchases any alcoholic beverage, or
    • -Consumes any alcoholic beverage in any on-sale premises
    • Classification: Misdemeanor
  18. 836 PC
    • Peace Officer Authoritu to make an Arrest
    • A peace officer my arrest a person in obedience to a warrent, or without a warrent whenever any of the following circumstances occur:
    • -A public offense is committed in the officer's presence,
    • -the person arrested has committed a felony not in the officer's presence,
    • -officer has probable cause to believe a felony has been committed whether or not a felony, in fact, has been committed
  19. 834 PC
    • Arrest
    • An arrest is taking a person into custody, in a case and in the manner authorized by law.

    An arrest may be made by a peace officer or by a private person
  20. 837 PC
    • Private Person Arrest
    • A private person may arrest another:
    • -for a public offense committed or attempted in his presence,
    • -when the person arrested has committed a felony, although not in his presence,
    • -when a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it
  21. 849(b)
    • Release from Custody
    • Any peace officer may release from custody any person arrested without a warrent:
    • -when there are insufficient grounds for a criminal conplaint
    • -when the person is arrested for intoxication only
    • -when the person arrested for being under the influence of a controlled substance is delivered to a facility or hospital for treatment and no further proceedings are
    • desirable
  22. US Code Title 18 Section 242
    • Deprivation of Rights Under Color Law
    • -For any person, acting under color of any law,
    • -to willfully deprive any person of any legal righ,
    • -or to subject any person to a different punishment or penality,
    • -based on that person's color, race, or citizenship status
  23. 844 PC
    • Knock and Notice
    • Before entering a dwelling to make an arrest, with or without a warrent, officers must give notice to the person inside:
    • -Announce their presence,
    • -Identify themselves as officers,
    • -State their purpose,
    • -Demand Entry,
    • -Wait a reasonable time, and
    • -If necessary, forcibly enter premises
  24. 192(c) PC
    • Vehicular Manslaughter
    • -the unlawful, unintentional killing
    • -of a human being
    • -while driving:
    • with gross negligence and/ or
    • -while intoxicated
    • Classification: Felony
  25. 195 PC
    • Excusable Homicide
    • -a killing
    • -committed by accident and misfortune,
    • -or in doing any other lawful act
    • -with usual and ordinary caution
    • -and without any unlawful intent
  26. 196 PC
    • Justifiable Homicide by a peace officer
    • -a killing by a public officer
    • -in obedience to any judgement of a competent court
    • -or when commited in overcoming actual resistance
    • -or discharge of any other duty
    • -or in retaking an escaped felon
    • -or in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest
  27. 197 PC
    • Justifiable Homicide
    • -a killing when resisting any attemp to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
    • -when commited in defense of habitation, property, or person, against one who manifestly intends to commit a felony, or
    • -when commited in the lawful defense of another person
  28. 207 PC
    • Kidnapping
    • -the unlawful taking of a person
    • -against his or her will
    • -by force or fear
    • -from one place to another
    • Classification: Felony
  29. 211 PC
    • Robbery
    • -the taking of personal property of another
    • -from the person or immediate presence
    • -against the person's will
    • -acccomplished by means of force or fear
    • -with the intent to permanently deprive
  30. 215 PC
    • Carjacking
    • -the 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 permanently or temporarily deprive
    • Classification: Felony
  31. 236 PC
    • False Imprisonment
    • -Unlawful violation
    • -of the personal liberty
    • -of another
  32. 237 PC
    • False Imprisonment: Punishment
    • Classification: Misdemeanor
    • Felony (if accomplished by means of violence, menace, fraud, or deceit)
  33. 240 PC
    • Assault
    • -The unlawful attempt,
    • -coupled with a present ability
    • -to commit a violent injury
    • -on the person of another
    • Classification: Misdemeanor
  34. 242 PC
    • Battery
    • -The willful and unlawful
    • -use of force or violence
    • -on the person of another
    • Classification: Misdemeanor
  35. 243(f)(4) PC
    • Battery Causing Serious Bodily Injury
    • - The willful and unlawful
    • - use of force or violence
    • - on the person of another
    • - causing serious bodily injury
    • Classification: Felony
  36. 245 PC
    • Assault with a Deadly Weapon
    • - the 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
    • Classification: Felony
  37. 278 PC
    • Child Abduction Without Custodial Right
    • Right 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
    • Classification: Felony
  38. 278.5 PC
    • Child Abduction with Custodial Right
    • Ever person:
    • - Who has the right of custody or visitation, who
    • - entices away, keeps, withholds, or conceals
    • - any minor child
    • - with the intent to deprive
    • - the other person of his or her right to custody
    • Classification: Felony
  39. 368(b) PC
    • Elder or Dependent Adult Abuse
    • - Any person under circumstances or conditions likely to produce great bodily harm or death,
    • - Willfully causes or permites any elder or dependent adult
    • - to suffer unjustifiable physical pain or mental suffering,
    • - or be placed in a situation such that the person or health is endangered
    • Classification: Felony
  40. 368(c) PC
    • Elder or Dependent Adult Abuse
    • - Any person 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 unjustifiable physical pain or mental suffering,
    • -or be placed in a situation such that the person or health is endangered
    • Classification: Felony
  41. 368(d) PC
    • Elder or Dependent Adult Abuse
    • - Any person, not the caretaker, who violates any provision of the law proscribing theft or embezzlement
    • - with respect to elders or dependent adults
    • Classification: Felony (over $400)
    • Misdemeanor ($400 or less)
  42. 368(e) PC
    • Elder or Dependent Adult Abuse
    • - Any caretaker, who violates any provision of the law proscribing theft or embezzlement
    • - with respect to elders or dependent adults
    • Classificatio: Felony (over$400)
    • Misdemeanor ($400 or less)

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