LD-7 CHAPTER 3

Question 1

The crime of robbery - 211 - FELONY

Answer 1

is the felonious taking of personal property in the possession of another. This requires the taking of property from a person or from his or her immediate presence, and against the person’s will, by means of force or fear.

Question 2

To arrest a subject for robbery, the necessary crime elements must include:


Answer 2

taking of personal property of another
 from the person or immediate presence
 against the person’s will
 accomplished by means of force or fear

Question 3

The crime of carjacking - 215 - FELONY

Answer 3

is the felonious taking of a motor vehicle in the possession of another, 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. The vehicle must be taken from the person or from the immediate presence of a person in possession or from the person or immediate presence of a passenger of the motor vehicle.

Question 4

To arrest a subject for carjacking, the necessary crime elements must include:


Answer 4

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

Question 5

A subject has completed the crime of carjacking once he or she has dominion and control over the vehicle. It is not necessary for the possessor to be removed from the vehicle for the crime to be committed.

Answer 5

The possessor might, for instance, be shoved over in the seat. The key is that the possessor has had to give up dominion and control.

Question 6

Penal Code Section 209.5 states: 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.

Answer 6

Kidnapping while committing a carjacking is a felony