Flashcards in Lombos - Criminal Law Deck (55):
456) "______ law" regulates conduct. It states what a person must do or not do by creating, defining, and regulating rights.
457) "______ law" prescribes methods for enforcing those rights or for obtaining redress for their invasion.
458) "______" are the main perpetrators, defined as "all persons concerned in the commission of a crime, whether it be a felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission."
459) An "______" is one who helps out a known principal after the felony is complete.
460) An "______" is defined as a witness at trial who is liable for the same offense(s) for which the defendant is on trial. He is, in effect, a principal, because he aided and abetted in the commission of the offense and shared the intent of the defendant.
461) "Corpus _____" means the "body of the crime," i.e., (1) the fact of the injury, loss or harm, and (2) the existence of a criminal agency as its cause.
462) The "_____" of a crime are those aspects or parts of it that the prosecution must prove in order to obtain a conviction.
463) Most crimes are "_____ intent" crimes. For them, the intent requirement is met if the accused merely intended to do the prohibited act, even if he did not intend to violate the law.
464)"_____ intent" crimes require a designated state of mind--to do some particular prohibited act--which must be proved along with other elements of the crime, usually through circumstantial evidence.
465) ______ Intent- Under this doctrine, criminal intent, in some instances, can be transferred from one object or victim to another.
466) Statute of Limitations- This period, generally, is one year from the time the crime was committed for misdemeanors, and _________ years from the time the crime was committed for felonies.There is ________ statute of limitations for murder, embezzlement of public money, kidnapping for ransom, and falsification of public records. The statute of limitations for certain specified sex felonies, for acceptance of a bribe by a public official, and for crimes punishable by eight or more years in prison, is _______ years after the crime's commission--indeed, even 10 years for some recently committed sex crimes. Further, there are a number of felonies, such as grand theft, welfare fraud, perjury, etc., which have a 4- year statute of limitations that runs from the time the crime is discovered or ______, whichever is later.
467) _____ is defined as two or more persons agreeing to commit any crime, where at least one of them does an overt act in furtherance of the conspiracy.
468) Solicitation for Certain Crimes- The solicitation completes the crime; no ____ act toward the crime is necessary. As long as the solicitor intends that the underlying crime be carried out, then the crime is complete. It makes no difference whether the person solicited responds favorably or whether he previously contemplated the crime.
469) Common elements of _____ include asking, giving, accepting, or offering anything of value or advantage, or the promise of same, to or by the class of person named in each specific bribe statute, with specific intent to corruptly influence any act, decision, vote, opinion, or other official function or duty of such person.
470)The crime of __________ involves the making of a false statement, oral or written, either under oath or penalty of perjury, with respect to a fact that is "material" to some sort of legal proceeding or to an issue or point of inquiry.
471) Grand theft occurs when:
- the money, labor, or real or personal property taken has a value exceeding $_____ (for domestic fowl, certain oceanic research products, and designated fruits, vegetables and agricultural crops, the property need only have a value exceeding $250); or
- money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal employer and the aggregate value is $950 or more in any consecutive 12-month period; or
- the property taken was an automobile, a firearm, or certain designated livestock; or
- the property was taken from someone's _____.
Theft of a firearm is a _____ in all instances
472) Penal Code section ________ was amended to increase the number of prior thefts required for petty theft with a prior to qualify as a wobbler (misdemeanor or felony) from a single prior listed theft offense to ________ prior listed theft offenses.
473) A thief has not "taken" property unless he has gained complete __________ of it so that he can carry it away; he must sever it from the possession and control of the owner.
474) Theft: For agricultural commodities in lots greater than 25 pounds, everyone who transports any fruits, nuts or vegetables in lots greater than _________ pounds must possess a record showing proof of ownership.
475) _______ is the "fraudulent appropriation of property by a person to whom it has been intrusted."
476) ______ ___ ______ -Every burglary of an "inhabited" dwelling house, vessel (as defined), floating home (as defined), or trailer coach (as defined), or the inhabited portion of any other building, is burglary of the ____ degree. All other kinds of burglary are of the second degree.
Degrees of Burglary
477) Any person who, without permission, damages, destroys, or defaces with graffiti or other inscribed material, real or personal property not belonging to him or her is guilty of vandalism. If the amount of defacement, damage or destruction is $____ or more, the offense is a wobbler.
478)"Dog-tethering" is also now a crime (misdemeanor or infraction) if a dog is tethered to a stationary object for a period greater than _____ hours a day.
479) Simply setting the fire, by itself, does not constitute ______. There needs to be some structural damage, something more than just blackening or smoke damage. For instance, some wood fibers need to have been destroyed.
480) Computer Crimes-
It is also illegal, under the statute prohibiting "contributing to the delinquency" of a minor (Pen. Code, § 272, subd. (b)), for an "adult stranger" who is __________ years of age or older to knowingly contact, by telephone or Internet, a minor who is _______ or younger for the purpose of persuading, luring or transporting the minor away from the minor’s home or other location, for any purpose, without the express consent of the minor’s parent(s) or guardian.
481) The crime of robbery is divided into first and second degree. First degree robbery, which is punished more harshly, occurs:
- If the victim was the on-duty operator or passenger of a motor vehicle, streetcar, or trackless trolley used for the transportation of persons for hire.
- If the robbery took place in an _____ dwelling house, trailer coach, certain inhabited vessels, inhabited floating homes, or the inhabited portion of any other building. This includes the lobby of a hotel and even a jail cell.
- If the victim was robbed while using, or just after using, an ______.
- All other kinds of robbery are of the second degree.
482)"'______" is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence . . . 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."
483) "______ is 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."
484) Every person who 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, is guilty of _______.
485) Although it is not set out in section _________, even simple kidnapping requires that there be substantial “______” forced upon the victim, i.e., movement that is more than merely “trivial” or “incidental” to the underlying or associated crime.
486) Felony Section _________, which is often referred to as "______ kidnapping," has two subdivisions: subdivision (a) prohibits kidnapping for ransom, reward, or extortion of any "valuable thing"; subdivision (b) addresses kidnapping carried out for the purpose of committing robbery, rape, or other specified sexual offenses.
487) Penal Code section ____ applies to continuous sexual abuse by "resident child molesters" or any person with "recurring access" to the child. "Continuous sexual abuse" requires three or more acts of substantial sexual conduct over a period of at least _____ months.
488) Any person 18 years or older who engages in sexual intercourse, sodomy, oral copulation, or sexual penetration as defined in section 289, with a child who is ________ years of age or younger is guilty of a felony with a state prison term of either 15 years to life or 25 years to life, depending on the conduct.
489)Criminal (as opposed to excusable or justifiable) homicide is the unlawful killing of one human being or viable fetus by another human being. An unlawful homicide must be the result of an affirmative act, an omission to act, or criminal negligence. Although the act need not be the only cause of death, it must be the proximate cause. If the death occurs more than ____ years and one day after the cause of death was administered, there is a presumption that the killing was not criminal.
490) Criminal homicide may be classified as murder or ______. Murder may be of the first degree or second degree, and _______ may be voluntary, involuntary, or vehicular.
491) Murder requires "_____." _____ may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart."
492) Malice aforethought does not require that the suspect have an attitude of ill-will toward his victim or that he have a specific intent to kill his victim, although these states of mind are often present. The term refers to an express or implied "man-endangering state of mind" which manifests itself in the commission of one of five different acts:
- an act done with specific intent to_________ (express malice);
- an act which is intended to produce serious bodily harm (express malice);
- an act accomplished during resistance of a lawful ___________ done in such a manner as to demonstrate a conscious disregard to human life (implied malice);
- an act done in conscious disregard of the consequences where death or serious bodily injury is likely to occur, and which reveals an "abandoned and malignant heart," such as randomly shooting into a crowd (implied malice);
- an act accomplished during the perpetration of, attempted perpetration of, or escape from, an inherently dangerous felony such as robbery, burglary, illegal abortion, or kidnapping (implied malice).
493) All murder which is perpetrated by means of a _______ device or explosive, a weapon of mass, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in ____, torture, or by any other kind of willful, deliberate, and premeditated killing is murder in the first degree. It is the premeditation or, simply, the specific intent to kill, which makes this type of homicide first degree murder.
494) First degree murder can also result through the "______ murder" rule. Under that rule, if a homicide occurs during the commission or attempt to commit certain serious felonies, such as arson, rape, robbery, burglary, mayhem, or any act punishable under Penal Code section 288, it is first degree murder, regardless of whether the killing was intentional or unintentional.
495)Manslaughter is the unlawful killing of a human being, without malice. There are _______ kinds of manslaughter:
496) ______ manslaughter is the unlawful killing of a human being, without malice. The killing is most often intentional but can be unintentional. A defendant lacks malice and is guilty of voluntary manslaughter if he kills (1) during a "sudden ______ or heat of passion" or (2) in "unreasonable self-defense," i.e., in the unreasonable but good faith belief that he had to act in self-defense.
497) Involuntary manslaughter is the unintentional but unlawful killing of a human being. It occurs when the killing happens
- during the commission of "an _______ ___, not amounting to a felony," i.e., during the commission of a misdemeanor or infraction requiring only general criminal intent, or
- during the commission of a ______ act which might produce death, when that act is done in an unlawful manner or without due caution and circumspection -- excluding acts committed in the driving of a vehicle.
498) Vehicular manslaughter is the unlawful killing of a human being without malice. The vehicular manslaughter provisions are divided into vehicular manslaughter unrelated to ______ and vehicular manslaughter while _______
499) _____ vehicular manslaughter while intoxicated requires driving in violation of Vehicle Code section 23140, 23152, and 23153, death was the proximate result of either an unlawful act not amounting to a felony, committed with gross negligence, or a lawful act that might produce death committed in an unlawful manner and with gross negligence.
- Vehicular manslaughter while intoxicated is the identical provision for acts committed without _____ negligence.
500) Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat--verbally, in writing, or by any electronic communication device--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. "Harasses" means engaging in a knowing and willful "course of conduct," defined as ________ or more acts evidencing a continuity of purpose.
501) Penal Code section 646.91 sets out the procedure you must follow to obtain an ex parte emergency protective order--good for _________ court days or __________ calendar days, whichever is shorter--if you have "reasonable grounds" to believe that a person is in immediate and present danger of being stalked.
502) Picketing a Funeral -It is illegal to engage in picketing on public property that is targeted at a funeral. The prohibition begins _______ hour prior to the funeral until _________ hour after its conclusion.
503)"Every person who does any of the following with a switchblade knife having a blade _________ or more inches in length is guilty of a misdemeanor:
"(a) Possesses the knife in the passenger's or driver's area of any motor vehicle in any public place or place open to the public.
"(b) Carries the knife upon the person.
"(c) Sells, offers for sale, exposes for sale, loans, transfers, or gives the knife to any other person."
504) A "'firearm capable of being concealed upon the person,' 'pistol,' and 'revolver' apply to and include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than________ inches in length. These terms also include any device that has a barrel 16 inches or more in length which is designed to be interchanged with a barrel less than 16 inches in length."
505) "Short-barreled shotgun" is defined as:
- any firearm designed or redesigned to fire a fixed shotgun shell that has a barrel or barrels of less than _________ inches or has an overall length of less than ________ inches;
506)The same definition applies to a "short-barreled rifle," except the barrel length is ______ inches or less. This means that any rifle having a barrel length of less than ______ inches or an overall length of less than 26 inches qualifies as a "short-barreled rifle."
507)persons who have been convicted of certain violent misdemeanors (such as Pen. Code, § 246) are prohibited from possessing firearms for only ________ years. And there is an exception to even this _______-year ban for peace officers with convictions under Penal Code sections 273.5, 273.6, and 646.9.
508) Airport and Public Transit Security It is a crime for any unauthorized person to knowingly possess within any "sterile area" of an airport any of the following devices: any firearm; a knife with a blade length in excess of ___________ inches that is either fixed or capable of being opened to a fixed position; a box cutter or straight razor; a metal or plastic replica hand grenade; a military practice hand grenade; an imitation firearm as defined in Penal Code section 417.4, an unauthorized tear gas weapon; a taser or stun gun; a frame, receiver, barrel, or magazine of a firearm; ammunition; a spot marker gun or paint gun; or an instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action.
509) "Destructive devices" are both general (a bomb) and very specific devices (a "breakable container that contains a flammable liquid with a flashpoint of ___________ degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination).