LD 7 Crimes Against Persons (CH.1)

Question 1

Investigation Steps

Answer 1

1. INTENT: Why did the willful and unlawful happened
2. ACTION: How did the unlawful force or violence happen
3. RESULT: What bodily injuries, wounds, complaints of pain was caused.

Question 2

Definition of Battery 242 PC

Answer 2

Any willful and unlawful use of force or violence upon the person of another

Question 3

Crime Elements for 242PC Battery

Answer 3

• Willful and unlawful
• use of force or violence
• on the person of another
• note: every battery contains the lesser crime of ASSAULT 240 PC

Question 4

Term: Willful

Answer 4

implies a purpose or willingness to commit the act

Question 5

Term: Unlawful

Answer 5

means without legal excuse or justification such as self-defense

Question 6

Term: Use of force or violence

Answer 6

in the context of battery means any force or violence

the degree of force is not a consideration in the crime, battery does not require injury

Question 7

Battery 242 PC a misdemeanor or felony?

Answer 7

Misdemeanor

• Battery upon a specified person is a Misdemeanor 243 (b)

Question 8

When is battery a Felony?

Answer 8

1. Battery upon a specified person with treatable injury 243 (c)(1)
2. Battery causing/inflicting bodily injury is a felony 243 (d)

Question 9

243 (b) PC Battery on a specific person (peace officer, custodial, etc.)

Answer 9

Elements:
- Battery on a Police Officer
(fire, EMT, lifeguard, cust., Ofc.)
- Suspect must know or reasonably know the victim is a police officer

(NO INJURY OR MINOR INJURY)
MISDEMEANOR***

Question 10

243 (c)(1) Battery on a specific person (ex. police officer)

Answer 10

Elements:
Battery on a Police Officer (in the performance of my duty)
- suspect must know or reasonably know the victim is a police officer
(MINOR TO MODERATE, TREATABLE INJURY)

Felony***

Question 11

243 (d) Battery causing/inflicting serious bodily injury

Answer 11

• willful and unlawful
• use of force or violence
• on the person of another
• RESULTING IN SERIOUS INJURY

FELONY***

Question 12

245 PC Assault with a deadly weapon or by means of force:

Answer 12

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

Question 13

245 PC?

Answer 13

Assault with a deadly weapon or by means of force

Question 14

245 PC Assault with a deadly weapon (FELONY)

Answer 14

Elements:

• unlawful attempt, and
• the present ability
• to commit a violent injury
• upon the person of another
• by use of deadly force likely to produce great bodily injury

Question 15

When is 245 PC Assault with a deadly weapon or by means of force a FELONY?

Answer 15

Unlawful attempt coupled with the present ability to commit a violent injury upon the person of another use of a deadly weapon likely to produce great bodily harm

Question 16

When is 245 PC Assault with a deadly weapon or by means of force a MISDEMEANOR?

Answer 16

Willful and unlawful use of force or violence on the person of another

Question 17

245 PC Terms

Answer 17

1. deadly weapon: can be any object capable of causing death or great bodily injury from the manner in which it is used
2. present ability: means the present capability to accomplish the act applying force
3. great bodily injury: means a significant or substantial physical injury

Question 18

245 PC Penal Code sections

Answer 18

245 (a)(2) PC- Assault with a firearm (FELONY)

245 (c) PC- Assault with other than a firearm on a peace officer (FELONY)

245 (d) PC- Assault with a firearm upon a peace officer or fire fighter (FELONY)

244 PC - Assault with caustic chemicals (FELONY)

244.5 PC- Assault with stun gun or taser (Misd./ Felony)

Question 19

368 PC Elder or Dependent Abuse

Answer 19

The infliction of unjustifiable physical pain or mental suffering upon a elder or dependent adult or theft or embezzlement from an elder or dependent

Question 20

Crime Elements for 368 PC Elder or Dependent Abuse

Answer 20

• any person 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 the elder or dependent adult

Question 21

368 (b) Person cases/ allows elder person or dependent to:

Answer 21

• suffer pain (physical/ mental)
• permits their health to be injured
• endangers them by action, lack there of
• likely to cause GBI/ death
• **FELONY

Question 22

368 (c) Person causes/ allows elder or dependent person to:

Answer 22

• suffer pain (physical/ mental)
• permits their health to be injured
• endangers them by action, lack there of
• other than those likely to produce great bodily harm/death
• **MISDEMEANOR

Question 23

368 (d) / 268 (e) Any person or caretaker who violates any provisions of the law

Answer 23

• person who is not a care taker
• caretaker who
• commits theft or embezzlement
• of the elder or adult dependent adults property
  (d) & (e) = wobblers

*** can be a MISDEMEANOR or FELONY

Question 24

368 (f) PC Any person who commits:

Answer 24

• False Imprisonment of an elder or dependent adult by using violence, menace, fraud or deceit

***FELONY