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Glossary of CA Penal Code-Crimes Against Persons

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PC 240
ASSAULT

(MISDEMEANOR)

unlawful attempt
coupled with the present ability
to commit a violent injury
on the person of another
PC 241(b)
ASSAULT AGAINST A PEACE OFFICER

(MISDEMEANOR)

An unlawful attempt coupled with
the present ability
to commit a violent injury upon the person of a peace officer, emt or other specified person, and
it is reasonably known that the victim is a peace officer
the victim is engaged in the lawful performance of his or her duties
PC 242
BATTERY

(DEFINITION)

willful and unlawful
use of force or violence
upon the person of another
PC 243
BATTERY AGAINST A PEACE OFFICER OR OTHER PERSONS

(MISDEMEANOR OR FELONY DEPENDING ON EXTENT OF INJURIES)

willful and unlawful
use of force or violence
upon a peace officer, emt, firefighter, correction officers or other specified person, and
it is reasonably known that the victim is a peace officer
the victim is engaged in the lawful performance of his or her duties
PC 243.5
ASSAULT OR BATTERY ON SCHOOL PROPERTY: WHEN A PEACE OFFICER MAY ARREST

on school property, during school hours
assault and/or battery not committed in peace officer's presence
a peace officer may arrest
when there is reasonable cause to believe that a person has committed assault and/or battery whether or not it was in fact committed
school is defined as: elementary, Jr. high, high school, technical or occupational school or community college
PC 245(a)(1)
ASSAULT WITH A DEADLY WEAPON

(FELONY)

assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to pruduce great bodily injury
PC 245(a)(2)
ASSAULT WITH A FIREARM

(FELONY)

assault upon the person of another with a firearm
PC 203
MAYHEM

(FELONY)

unlawfully and maliciously deprive a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip
PC 205
AGGRAVATED MAYHEM

(FELONY)

under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body
PC 273.5
INFLICTION OF CORPORAL INJURY UPON SPOUSE, COHABITANT, ETC.

(FELONY)

inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition
PC 368(B)(1)
ELDER OR DEPENDENT ADULT ABUSE: THEFT OR EMBEZZLEMENT BY CARETAKER OR OTHER PERSON

(FELONY)

willfully causes or permits any elder or dependent adult to suffer unjustifiable physical or mental pain, or to be placed in a condition or situation likely to produce great bodily harm or death, or who violates any provision of law proscribing theft or embezzlement to the property of that elder or dependant adult
PC 207(a)
KIDNAPPING

(FELONY)

forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county
PC 207(B)
KIDNAPPING OF CHILD UNDER 14

(FELONY)

hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county
PC 278
CHILD STEALING

(FELONY)

Every person, not having a right to custody, who maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian
PC 278.5
DEPRIVING RIGHT TO CUSTODY OR VISITATION

(FELONY)

Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation
PC 211
ROBBERY

(FELONY)

felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear
PC 212.5
HOME INVASION ROBBERY

(FELONY)

every robbery which is perpetrated in an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery of the first degree.
PC 215
CARJACKING

(FELONY)

felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear
PC 195
EXCUSABLE HOMICIDE

(DEFINITION)

Homicide is excusable in the following cases:
1. When committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.
2. When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, when no undue advantage is taken, nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.
PC 196
JUSTIFIABLE HOMICIDE BY PUBLIC OFFICER

(DEFINITION)

Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either-
1. In obedience to any judgment of a competent Court; or,
2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,
3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest.
PC 197
JUSTIFIABLE HOMICIDE BY ANY PERSON

(DEFINITION)

Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,
4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
PC 187
MURDER

(FELONY)

unlawful killing of a human being, or a fetus, with malice aforethought
PC 194
TIME OF DEATH PRESUMPTION

(DEFINITION)

death must occur within 3 years and one day after infliction of the injury causing death
PC 192(a)
VOLUNTARY MANSLAUGHTER

(FELONY)

unlawful killing of a human being without malice upon a sudden quarrel or heat of passion
PC 192(b)
INVOLUNTARY MANSLAUGHTER

(FELONY)

unlawful killing of a human being without malice in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.
PC 192(c)
VEHICULAR MANSLAUGHTER

(FELONY)

Except as provided in Section 191.5 (while DUI) unlawful killing of a human being without malice while driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
PC 401
AIDING OR ENCOURAGING A SUICIDE

(FELONY)

deliberately aid, or advise, or encourage another to commit suicide
PC 646.9
STALKING

(FELONY)

willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking
PC 518
EXTORTION

(DEFINITION)

the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right
PC 422
TERRORIST THREATS

(FELONY)

willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby 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 243(e)(1)
BATTERY AGAINST SPOUSE, ETC.

(MISDEMEANOR)

When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship
PC 243(d)
BATTERY WITH SERIOUS BODILY INJURY

(FELONY)

when a battery is committed against any person and serious bodily injury is inflicted on the person
PC 236
FALSE IMPRISONMENT

(MISD. OR FELONY)

False imprisonment is the unlawful violation of the personal liberty of another
classification based on use of force or violence

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