PC CODES

Question 1

15 PC

Answer 1

a crime or public offense is an act commitied or omitted in violation of a law forbidding it or commanding it, upon conviction either of the following punishments

DEATH
imprisonment
fine
removal from officer
disqualification to hold and employ any officer of honor

Question 2

20 PC

Answer 2

every crime or offense exist a union or joint operation of act and intent or criminal negligence

Question 3

21 A PC

Answer 3

an attempt to commit a crime consist of two elements a specific intent to commit the crime and a direct but ineffectual act done toward its commission

Question 4

26 PC

Answer 4

all ppl are capable of commiting crimes except

1) children under 14 in absense of clear proof that they knew of its wrongfulness
2) persons who are mentally incapacitated

3 persons who commited the act or made omission chared under an ognorance or mistake of facy which disproved criminal intent

4) peaople who commit act without being conscious
5) ppl who commited act or made omision charged thru misfortune or by accident when it appeares that there was no evil design, intention, or culpable negligence
6) ppl who commited act made under threats of menaces suffient to show that they had reasonable cause to believe thier lives would be endangered if they refused

Question 5

27 PC

Answer 5

following persons are liable to punishment under the laws

1) all ppl who commit in whole or part any crime within state
2) all who commit any offense without this state which, if committted within this state would be larceny, carjacking, robeery, embezzlement and bring property stolen or embezzled or any part are found with it in this state

3) all who being without this state cause, cause or aid, advise or encourage another person to commit a crime within this state

B) perjury in violation of section 118 in punishable when commitied outside of californiq

Question 6

187 PC

Answer 6

unlawfull killing of a human being, or fetus with malice and aforethought

Question 7

187 B PC

Answer 7

section shall not apply to any person who commits an act that results in the death of fetus if any apply:

1) act complied with abortion act
2) act was commited by a holder of a physician and surgeons certicficate in a medical case where the result of childbirth would be death of the mother or fetus.
3) the act was soliciated aided or abetted or consented to by the mother of the fetus.

Question 8

191.5 A PC

Answer 8

Gross vehicular manslaughter while intoxicated is the unlawful killing
of a human being without malice aforethought, in the driving of a vehicle, where the
driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and
the killing was either the proximate result of the commission of an unlawful act, not
amounting to a felony, and with gross negligence, or the proximate result of the
commission of a lawful act that might produce death, in an unlawful manner, and
with gross negligence.

Question 9

191.5 B PC

Answer 9

Vehicular manslaughter while intoxicated is the unlawful killing of a human
being without malice aforethought, in the driving of a vehicle, where the driving was
in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing
was either the proximate result of the commission of an unlawful act, not amounting
to a felony, but WITHOUT `gross negligence, or the proximate result of the commission
of a lawful act that might produce death, in an unlawful manner, but without gross
negligence

Question 10

191.5. C PC

Answer 10

punishable by imprisonment for 4,6, 10 years

Question 11

192 PC

Answer 11

Mansluather is the unlawfull killing of a human being without malice and three kinds

Question 12

192 A PC

Answer 12

Manslaughter voluntary- upon sudden quarrel or heat of passion

Question 13

192 B PC

Answer 13

Manslaughter, involuntary- commision of an unlawful act, not amounting to a felony or in a commision of a lawful act which might produce death in an unlawfull manner, or without due caution or inspection.

shall not apply to acts commited in the driving of a vehicle

Question 14

192 C PC

Answer 14

Manslaughter, vehicular-
1) driving in an unlawful act not amounting to felony and with gross negligence or driving in a lawfull act that might produce death in an unlawful manner with negligence.

2) driving in an unlawful act not amounting to felony but without negligence
3) driving where the collision or accident was knowingly caused for financial gain and resulted in death of person

Question 15

192 D PC

Answer 15

This section shall not be construed as making any homicide in the driving of
a vehicle punishable that is not a proximate result of the commission of an unlawful
act, not amounting to a felony, or of the commission of a lawful act which might
produce death, in an unlawful manner

Question 16

192 E PC

Answer 16

Gross negligence,” as used in this section, does not prohibit or preclude a
charge of murder under Section 188 upon facts exhibiting wantonness and a conscious
disregard for life to support a finding of implied malice, or upon facts showing malice,
consistent with the holding of the California Supreme Court in People v. Watson
(1981) 30 Cal.3d 290

Question 17

192 F

Answer 17

) For purposes of determining sudden quarrel or heat of passion pursuant to
subdivision (a), the provocation was not objectively reasonable if it resulted from the
discovery of, knowledge about, or potential disclosure of the victim’s actual or
perceived gender, gender identity, gender expression, or sexual orientation, including
under circumstances in which the victim made an unwanted nonforcible romantic or
sexual advance towards the defendant, or if the defendant and victim dated or had a
romantic or sexual relationship. Nothing in this section shall preclude the jury from considering all facts

Question 18

194 PC

Answer 18

to make killing either murder or manslaughter it is not requisite that the party die within three years and a day after the stroke recieved or the cause of death administered

If death occurs beyond the time of three years and a day, there shall be
a rebuttable presumption that the killing was not criminal. The prosecution shall bear
the burden of overcoming this presumption. In the computation of time, the whole of
the day on which the act was done shall be reckoned the first

Question 19

195 PC

Answer 19

homicide is EXCUSABLE in the following cases
1) when commited 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 commited by accident or misfortune in the heat of passion upon any sudden and sufficient provocation or upon suddent combat when no undue advantage is taken not any dangerous weapon is used and the the kiling is not done is a cruel manner

Question 20

196 PC

Answer 20

Homicide is Justified in the following:

1) resisting any attempt to murder any person, or to commit a felonym or to do SBI upon a person
2) when commited in defense of habitation, property, or person, again one who manifesty intents and endeavors, in a violent riotous or tumultuous manner, to enter the habitat or another for the prupose of offering violence to any person
3) when commited in lawful defesne of such person or spouse, parent, child, etc when there is reasonable ground to apprehend a design to commit a felony or do SBI

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

Question 21

198.5 PC

Answer 21

Any person using force intended or likely to cause death or great bodily injury
within his or her residence shall be presumed to have held a reasonable fear of
imminent peril of death or great bodily injury to self, family, or a member of the
household when that force is used against another person, not a member of the family
or household, who unlawfully and forcibly enters or has unlawfully and forcibly
entered the residence and the person using the force knew or had reason to believe
that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant or substantial physical
injury.

Question 22

203 PC

Answer 22

Every person who unlawfully and maliciously deprives 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 and eye, nose ear or lip is gulty of mayhem.

Question 23

205 PC

Answer 23

A person is guilty of aggravated mayhem when he or she unlawfully, 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. For purposes of this section, it is not necessary to prove an intent to
kill. Aggravated mayhem is a felony punishable by imprisonment in the state prison
for life with the possibility of parole.
(Added by Stats. 1987, Ch. 785, Sec. 1.

Question 24

207 A PC

Answer 24

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 kidnapping

Question 25

207 B PC

Answer 25

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 kidnapping

Question 26

207 C PC

Answer 26

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 kidnapping

Question 27

207 D PC

Answer 27

Every person who, being out of this state, abducts or takes by force or fraud
any person contrary to the law of the place where that act is committed, and brings,
sends, or conveys that person within the limits of this state, and is afterwards found
within the limits thereof, is guilty of kidnapping

Question 28

209.5 PC

Answer 28

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 shall be punished by imprisonment in
the state prison for life with the possibility of parole.

This section shall only apply if the movement of the victim is beyond that
merely incidental to the commission of the carjacking, the victim is moved a substantial
distance from the vicinity of the carjacking, and the movement of the victim increases
the risk of harm to the victim over and above that necessarily present in the crime of
carjacking itself.
(c) In all cases in which probation is granted, the court shall, except in unusual
cases where the interests of justice would best be served by a lesser penalty, require
as a condition of the probation that the person be confined in the county jail for 12
months. If the court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or reasons for imposing a
lesser penalty.

Question 29

209 A PC

Answer 29

Any person who seizes, confines, inveigles, entices, decoys, abducts,
conceals, kidnaps or carries away another person by any means whatsoever with intent
to hold or detain, or who holds or detains, that person for ransom, reward or to commit
extortion or to exact from another person any money or valuable thing, or any person
who aids or abets any such act, is guilty of a felony, and upon conviction thereof,
shall be punished by imprisonment in the state prison for life without possibility of
parole in cases in which any person subjected to any such act suffers death or bodily
harm, or is intentionally confined in a manner which exposes that person to a
substantial likelihood of death, or shall be punished by imprisonment in the state
prison for life with the possibility of parole in cases where no such person suffers
death or bodily harm.

Question 30

209 B PC

Answer 30

Any person who kidnaps or carries away any individual to commit robbery,
rape, spousal rape, oral copulation, sodomy, or any violation of Section 264.1, 288,
or 289, shall be punished by imprisonment in the state prison for life with the
possibility of parole

Question 31

211 PC

Answer 31

Robbery is the 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.

Question 32

215 PC

Answer 32

Carjacking” is the 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.

Question 33

220 PC

Answer 33

(a) (1) Except as provided in subdivision (b), any person who assaults another
with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of
Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for
two, four, or six years

2) Except as provided in subdivision (b), any person who assaults another person
under 18 years of age with the intent to commit rape, sodomy, oral copulation, or any
violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state
prison for five, seven, or nine years.

B) Any person who, in the commission of a burglary of the first degree, as defined
in subdivision (a) of Section 460, assaults another with intent to commit rape, sodomy,
oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by
imprisonment in the state prison for life with the possibility of parole

Question 34

236.2 PC

Answer 34

Law enforcement agencies shall use due diligence to identify all victims of
human trafficking, regardless of the citizenship of the person. When a peace officer
comes into contact with a person who has been deprived of his or her personal liberty,
a minor who has engaged in a commercial sex act, a person suspected of violating
subdivision (a) or (b) of Section 647, or a victim of a crime of domestic violence or
sexual assault, the peace officer shall consider whether the following indicators of
human trafficking are present:
(a) Signs of trauma, fatigue, injury, or other evidence of poor care.
(b) The person is withdrawn, afraid to talk, or his or her communication is censored
by another person.
(c) The person does not have freedom of movement.
(d) The person lives and works in one place.
(e) The person owes a debt to his or her employer.
(f) Security measures are used to control who has contact with the person.
(g) The person does not have control over his or her own government-issued
identification or over his or her worker immigration documents

Question 35

241.6 PC

Answer 35

When an assault is committed against a school employee engaged in the
performance of his or her duties, or in retaliation for an act performed in the course
of his or her duties, whether on or off campus, during the schoolday or at any other
time, and the person committing the offense knows or reasonably should know the
victim is a school employee, the assault is punishable by imprisonment in a county
jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000),
or by both the fine and imprisonment.
For purposes of this section, “school employee” has the same meaning as defined
in subdivision (d) of Section 245.5.
This section shall not apply to conduct arising during the course of an otherwise
lawful labor dispute.

Question 36

242 PC

Answer 36

A battery is any willful and unlawful use of force or violence upon the person
of another

Question 37

243 A PC

Answer 37

A battery is punishable by a fine not exceeding two thousand dollars
($2,000), or by imprisonment in a county jail not exceeding six months, or by both
that fine and imprisonment.

Question 38

243 B PC

Answer 38

When a battery is committed against the person of a peace officer, custodial
officer, firefighter, emergency medical technician, lifeguard, security officer, custody
assistant, process server, traffic officer, code enforcement officer, animal control
officer, or search and rescue member engaged in the performance of his or her duties,
whether on or off duty, including when the peace officer is in a police uniform and
is concurrently performing the duties required of him or her as a peace officer while
also employed in a private capacity as a part-time or casual private security guard or
patrolman, or a nonsworn employee of a probation department engaged in the
performance of his or her duties, whether on or off duty, or a physician or nurse
engaged in rendering emergency medical care outside a hospital, clinic, or other health
care facility, and the person committing the offense knows or reasonably should know
that the victim is a peace officer, custodial officer, firefighter, emergency medical
technician, lifeguard, security officer, custody assistant, process server, traffic officer,
code enforcement officer, animal control officer, or search and rescue member engaged
in the performance of his or her duties, nonsworn employee of a probation department,
or a physician or nurse engaged in rendering emergency medical care, the battery is
punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail not exceeding one year, or by both that fine and imprisonment.

Question 39

243 C 1 PC

Answer 39

When a battery is committed against a custodial officer, firefighter,
emergency medical technician, lifeguard, process server, traffic officer, or animal
control officer engaged in the performance of his or her duties, whether on or off
duty, or a nonsworn employee of a probation department engaged in the performance
of his or her duties, whether on or off duty, or a physician or nurse engaged in
rendering emergency medical care outside a hospital, clinic, or other health care
facility, and the person committing the offense knows or reasonably should know
that the victim is a nonsworn employee of a probation department, custodial officer,
firefighter, emergency medical technician, lifeguard, process server, traffic officer,
or animal control officer engaged in the performance of his or her duties, or a physician
or nurse engaged in rendering emergency medical care, and an injury is inflicted on
that victim, the battery is punishable by a fine of not more than two thousand dollars
($2,000), by imprisonment in a county jail not exceeding one year, or by both that
fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section
1170 for 16 months, or two or three years

Question 40

243 D PC

Answer 40

When a battery is committed against any person and serious bodily injury is
inflicted on the person, the battery is punishable by imprisonment in a county jail not
exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for
two, three, or four years

Question 41

243 E 1 PC

Answer 41

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, fiancé, or fiancée, or a person with whom the defendant currently has, or has
previously had, a dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county
jail for a period of not more than one year, or by both that fine and imprisonment. If
probation is granted, or the execution or imposition of the sentence is suspended, it
shall be a condition thereof that the defendant participate in, for no less than one year,
and successfully complete, a batterer’s treatment program, as described in Section
1203.097, or if none is available, another appropriate counseling program designated
by the court. However, this provision shall not be construed as requiring a city, a
county, or a city and county to provide a new program or higher level of service as
contemplated by Section 6 of Article XIIIB of the California Constitution.

Question 42

245 A 1 PC

Answer 42

Any person who commits an assault upon the person of another with
a deadly weapon or instrument other than a firearm shall be punished by imprisonment
in the state prison for two, three, or four years, or in a county jail for not exceeding
one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the
fine and imprisonment

2
Any person who commits an assault upon the person of another with a firearm
shall be punished by imprisonment in the state prison for two, three, or four years, or
in a county jail for not less than six months and not exceeding one year, or by both a
fine not exceeding ten thousand dollars ($10,000) and imprisonment

(3) Any person who commits an assault upon the person of another with a
machinegun, as defined in Section 16880, or an assault weapon, as defined in Section
30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished
by imprisonment in the state prison for 4, 8, or 12 years.

Any person who commits an assault upon the person of another by any means
of force likely to produce great bodily injury shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail for not exceeding one
year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine
and imprisonment.

Question 43

245 b PC

Answer 43

Any person who commits an assault upon the person of another with a
semiautomatic firearm shall be punished by imprisonment in the state prison for three,
six, or nine year

Question 44

245 c PC

Answer 44

Any person who commits an assault with a deadly weapon or instrument, other
than a firearm, or by any means likely to produce great bodily injury upon the person
of a peace officer or firefighter, and who knows or reasonably should know that the
victim is a peace officer or firefighter engaged in the performance of his or her duties,
when the peace officer or firefighter is engaged in the performance of his or her duties,
shall be punished by imprisonment in the state prison for three, four, or five years.

Question 45

245 d 1 pc

Answer 45

Any person who commits an assault with a firearm upon the person of a
peace officer or firefighter, and who knows or reasonably should know that the victim
is a peace officer or firefighter engaged in the performance of his or her duties, when
the peace officer or firefighter is engaged in the performance of his or her duties, shall
be punished by imprisonment in the state prison for four, six, or eight years.

Question 46

245 d 2 pc

Answer 46

Any person who commits an assault upon the person of a peace officer or
firefighter with a semiautomatic firearm and who knows or reasonably should know
that the victim is a peace officer or firefighter engaged in the performance of his or
her duties, when the peace officer or firefighter is engaged in the performance of hisor her duties, shall be punished by imprisonment in the state prison for five, seven,
or nine years.

Question 47

246 pc

Answer 47

Any person who shall maliciously and willfully discharge a firearm at an
inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft,
inhabited housecar, as defined in Section 362 of the Vehicle Code, or inhabited camper,
as defined in Section 243 of the Vehicle Code, is guilty of a felony, and upon
conviction shall be punished by imprisonment in the state prison for three, five, or
seven years, or by imprisonment in the county jail for a term of not less than six
months and not exceeding one year.
As used in this section, “inhabited” means currently being used for dwelling
purposes, whether occupied or not

Question 48

261 a pc

Answer 48

Rape is an act of sexual intercourse accomplished with a person not the
spouse of the perpetrator, under any of the following circumstances:

(1) Where a person is incapable, because of a mental disorder or developmental
or physical disability, of giving legal consent, and this is known or reasonably should
be known to the person committing the act. Notwithstanding the existence of a
conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and Institutions Code),
the prosecuting attorney shall prove, as an element of the crime, that a mental disorder
or developmental or physical disability rendered the alleged victim incapable of giving
consent.
(2) Where it is accomplished against a person’s will by means of force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on the person or
another.
(3) Where a person is prevented from resisting by any intoxicating or anesthetic
substance, or any controlled substance, and this condition was known, or reasonably
should have been known by the accused.
(4) Where a person is at the time unconscious of the nature of the act, and this is
known to the accused. As used in this paragraph, “unconscious of the nature of the
act” means incapable of resisting because the victim meets any one of the following
conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics
of the act due to the perpetrator’s fraud in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the essential
characteristics of the act due to the perpetrator’s fraudulent representation that the
sexual penetration served a professional purpose when it served no professional
purpose.
(5) Where a person submits under the belief that the person committing the act is
someone known to the victim other than the accused, and this belief is induced by
any artifice, pretense, or concealment practiced by the accused, with intent to induce
the belief.
(6) Where the act is accomplished against the victim’s will by threatening to
retaliate in the future against the victim or any other person, and there is a reasonable
possibility that the perpetrator will execute the threat. As used in this paragraph,“threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict
extreme pain, serious bodily injury, or death.
(7) Where the act is accomplished against the victim’s will by threatening to use
the authority of a public official to incarcerate, arrest, or deport the victim or another,
and the victim has a reasonable belief that the perpetrator is a public official. As used
in this paragraph, “public official” means a person employed by a governmental
agency who has the authority, as part of that position, to incarcerate, arrest, or deport
another. The perpetrator does not actually have to be a public official

Question 49

273.5 Pc

Answer 49

Any person who willfully inflicts corporal injury resulting in a traumatic
condition upon a victim described in subdivision (b) is guilty of a felony, and upon
conviction thereof shall be punished by imprisonment in the state prison for two,
three, or four years, or in a county jail for not more than one year, or by a fine of up
to six thousand dollars ($6,000), or by both that fine and imprisonment.

Question 50

273.6 pc

Answer 50

Any intentional and knowing violation of a protective order, as defined
in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6,
527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare
and Institutions Code, is a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for not more than one
year, or by both that fine and imprisonment.

Question 51

273.8 pc

Answer 51

The Legislature hereby finds that spousal abusers present a clear and present
danger to the mental and physical well-being of the citizens of the State of California.
The Legislature further finds that the concept of vertical prosecution, in which a
specially trained deputy district attorney, deputy city attorney, or prosecution unit is
assigned to a case after arraignment and continuing to its completion, is a proven way
of demonstrably increasing the likelihood of convicting spousal abusers and ensuring
appropriate sentences for those offenders. In enacting this chapter, the Legislature
intends to support increased efforts by district attorneys’ and city attorneys’ offices
to prosecute spousal abusers through organizational and operational techniques that
have already proven their effectiveness in selected cities and counties in this and other
states.

Question 52

273i PC

Answer 52

Any person who publishes information describing or depicting a child, the
physical appearance of a child, the location of a child, or locations where children
may be found with the intent that another person imminently use the information to
commit a crime against a child and the information is likely to aid in the imminent
commission of a crime against a child, is guilty of a misdemeanor, punishable by
imprisonment in a county jail for not more than one year, a fine of not more than one
thousand dollars ($1,000), or by both a fine and imprisonment.
(b) For purposes of this section, “publishes” means making the information
available to another person through any medium, including, but not limited to, the
Internet, the World Wide Web, or e-mail.
(c) For purposes of this section, “child” means a person who is 14 years of age or
younger.
(d) For purposes of this section, “information” includes, but is not limited to, an
image, film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser
disc, or any other computer-generated image.
(e) Any parent or legal guardian of a child about whom information is published
in violation of subdivision (a) may seek a preliminary injunction enjoining any further
publication of that information.

Question 53

287 A PC

Answer 53

(a) Oral copulation is the act of copulating the mouth of one person with the
sexual organ or anus of another person

(b) (1) Except as provided in Section 288, any person who participates in an act
of oral copulation with another person who is under 18 years of age shall be punished
by imprisonment in the state prison, or in a county jail for a period of not more than
one year. (b) (1) Except as provided in Section 288, any person who participates in an act
of oral copulation with another person who is under 18 years of age shall be punished
by imprisonment in the state prison, or in a county jail for a period of not more than
one year.

Question 54

287 B PC

Answer 54

(B) Any person who commits an act of oral copulation upon a person who is under
14 years of age, when the act is accomplished against the victim’s will by means of
force, violence, duress, menace, or fear of immediate and unlawful bodily injury on
the victim or another person, shall be punished by imprisonment in the state prison
for 8, 10, or 12 years.

Question 55

287 C PC

Answer 55

Any person who commits an act of oral copulation upon a minor who is 14
years of age or older, when the act is accomplished against the victim’s will by means
of force, violence, duress, menace, or fear of immediate and unlawful bodily injury
on the victim or another person, shall be punished by imprisonment in the state prison
for 6, 8, or 10 years.

Question 56

287 D PC

Answer 56

(D) This paragraph does not preclude prosecution under Section 269, Section
288.7, or any other provision of law.
(3) Any person who commits an act of oral copulation where the act is accomplished
against the victim’s will by threatening to retaliate in the future against the victim or
any other person, and there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for three, six, or eight
years.
(d) (1) Any person who, while voluntarily acting in concert with another person,
either personally or by aiding and abetting that other person, commits an act of oral
copulation (A) when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person,
or (B) where the act is accomplished against the victim’s will by threatening to retaliate
in the future against the victim or any other person, and there is a reasonable possibility
that the perpetrator will execute the threat, or (C) where the victim is at the time
incapable, because of a mental disorder or developmental or physical disability, of
giving legal consent, and this is known or reasonably should be known to the person
committing the act, shall be punished by imprisonment in the state prison for five,
seven, or nine years. Notwithstanding the appointment of a conservator with respect
to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and Institutions Code),
the prosecuting attorney shall prove, as an element of the crime described under
paragraph (3), that a mental disorder or developmental or physical disability rendered
the alleged victim incapable of giving legal consent.
(2) Any person who, while voluntarily acting in concert with another person, either
personally or aiding and abetting that other person, commits an act of oral copulation
upon a victim who is under 14 years of age, when the act is accomplished against the
victim’s will by means of force or fear of immediate and unlawful bodily injury on
the victim or another person, shall be punished by imprisonment in the state prison
for 10, 12, or 14 years.
(3) Any person who, while voluntarily acting in concert with another person, either
personally or aiding and abetting that other person, commits an act of oral copulation
upon a victim who is a minor 14 years of age or older, when the act is accomplished
against the victim’s will by means of force or fear of immediate and unlawful bodily
injury on the victim or another person, shall be punished by imprisonment in the state
prison for 8, 10, or 12 years.
(4) This paragraph does not preclude prosecution under Section 269, Section 288.7,
or any other provision of law

Question 57

287 e pc

Answer 57

Any person who participates in an act of oral copulation while confined in any
state prison, as defined in Section 4504 or in any local detention facility as defined
in Section 6031.4, shall be punished by imprisonment in the state prison, or in a county
jail for a period of not more than one year.

Question 58

287 f pc

Answer 58

Any person who commits an act of oral copulation, and the victim is at the time
unconscious of the nature of the act and this is known to the person committing the
act, shall be punished by imprisonment in the state prison for a period of three, six,
or eight years. As used in this subdivision, “unconscious of the nature of the act”
means incapable of resisting because the victim meets one of the following conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics
of the act due to the perpetrator’s fraud in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics
of the act due to the perpetrator’s fraudulent representation that the oral copulation
served a professional purpose when it served no professional purpose.

Question 59

287 g pc

Answer 59

Except as provided in subdivision (h), any person who commits an act of oral
copulation, and the victim is at the time incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and this is known or
reasonably should be known to the person committing the act, shall be punished by
imprisonment in the state prison, for three, six, or eight years. Notwithstanding the
existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short
Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an element of the crime,
that a mental disorder or developmental or physical disability rendered the alleged
victim incapable of giving consent.

Question 60

287 h pc

Answer 60

Any person who commits an act of oral copulation, and the victim is at the
time incapable, because of a mental disorder or developmental or physical disability,
of giving legal consent, and this is known or reasonably should be known to the person
committing the act, and both the defendant and the victim are at the time confined in
a state hospital for the care and treatment of the mentally disordered or in any other
public or private facility for the care and treatment of the mentally disordered approved
by a county mental health director, shall be punished by imprisonment in the state
prison, or in a county jail for a period of not more than one year. Notwithstanding the
existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short
Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an element of the crime,
that a mental disorder or developmental or physical disability rendered the alleged
victim incapable of giving legal consent.

Question 61

287 i pc

Answer 61

Any person who commits an act of oral copulation, where the victim is prevented
from resisting by any intoxicating or anesthetic substance, or any controlled substance,
and this condition was known, or reasonably should have been known by the accused,
shall be punished by imprisonment in the state prison for a period of three, six, or
eight years.

Question 62

287 j pc

Answer 62

Any person who commits an act of oral copulation, where the victim submits
under the belief that the person committing the act is someone known to the victim
other than the accused, and this belief is induced by any artifice, pretense, or
concealment practiced by the accused, with intent to induce the belief, shall be
punished by imprisonment in the state prison for a period of three, six, or eight years.

Question 63

287 k pc

Answer 63

Any person who commits an act of oral copulation, where the act is
accomplished against the victim’s will by threatening to use the authority of a public
official to incarcerate, arrest, or deport the victim or another, and the victim has a
reasonable belief that the perpetrator is a public official, shall be punished by
imprisonment in the state prison for a period of three, six, or eight years.
As used in this subdivision, “public official” means a person employed by a
governmental agency who has the authority, as part of that position, to incarcerate,
arrest, or deport another. The perpetrator does not actually have to be a public official.
(l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to
kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.

Question 64

288 a pc

Answer 64

Except as provided in subdivision (i), a person who willfully and lewdly
commits any lewd or lascivious act, including any of the acts constituting other crimes
provided for in Part 1, upon or with the body, or any part or member thereof, of a
child who is under the age of 14 years, with the intent of arousing, appealing to, or
gratifying the lust, passions, or sexual desires of that person or the child, is guilty of
a felony and shall be punished by imprisonment in the state prison for three, six, or
eight years.

Question 65

288 b pc

Answer 65

(b) (1) A person who commits an act described in subdivision (a) by use of force,
violence, duress, menace, or fear of immediate and unlawful bodily injury on the
victim or another person, is guilty of a felony and shall be punished by imprisonment
in the state prison for 5, 8, or 10 years.
(2) A person who is a caretaker and commits an act described in subdivision (a)
upon a dependent person by use of force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person, with the intent
described in subdivision (a), is guilty of a felony and shall be punished by
imprisonment in the state prison for 5, 8, or 10 years.

Question 66

288 c pc

Answer 66

A person who commits an act described in subdivision (a) with the intent
described in that subdivision, and the victim is a child of 14 or 15 years, and that
person is at least 10 years older than the child, is guilty of a public offense and shall
be punished by imprisonment in the state prison for one, two, or three years, or by
imprisonment in a county jail for not more than one year. In determining whether the
person is at least 10 years older than the child, the difference in age shall be measured
from the birth date of the person to the birth date of the child.

(2) A person who is a caretaker and commits an act described in subdivision (a)
upon a dependent person, with the intent described in subdivision (a), is guilty of a
public offense and shall be punished by imprisonment in the state prison for one, two,
or three years, or by imprisonment in a county jail for not more than one year.

Question 67

288 d pc

Answer 67

In any arrest or prosecution under this section or Section 288.5, the peace
officer, district attorney, and the court shall consider the needs of the child victim or
dependent person and shall do whatever is necessary, within existing budgetary
resources, and constitutionally permissible to prevent psychological harm to the child
victim or to prevent psychological harm to the dependent person victim resulting from
participation in the court process.

Question 68

288 e pc

Answer 68

(e) (1) Upon the conviction of a person for a violation of subdivision (a) or (b),
the court may, in addition to any other penalty or fine imposed, order the defendant
to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not
limited to, the seriousness and gravity of the offense, the circumstances of its
commission, whether the defendant derived any economic gain as a result of the crime,
and the extent to which the victim suffered economic losses as a result of the crime.
Every fine imposed and collected under this section shall be deposited in the
Victim-Witness Assistance Fund to be available for appropriation to fund child sexual
exploitation and child sexual abuse victim counseling centers and prevention programs
pursuant to Section 13837.
(2) If the court orders a fine imposed pursuant to this subdivision, the actual
administrative cost of collecting that fine, not to exceed 2 percent of the total amount
paid, may be paid into the general fund of the county treasury for the use and benefit
of the county.

Question 69

311.3 pc

Answer 69

A person is guilty of sexual exploitation of a child if he or she knowingly
develops, duplicates, prints, or exchanges any representation of information, data, or
image, including, but not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer software,
computer floppy disc, data storage media, CD-ROM, or computer-generated equipment
or any other computer-generated image that contains or incorporates in any manner,
any film or filmstrip that depicts a person under the age of 18 years engaged in an act
of sexual conduct.
(b) As used in this section, “sexual conduct” means any of the following:
(1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex or between humans
and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of sexual stimulation of the viewer.
(4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(5) Exhibition of the genitals or the pubic or rectal area of any person for the
purpose of sexual stimulation of the viewer.
(6) Defecation or urination for the purpose of sexual stimulation of the viewer.
(c) Subdivision (a) does not apply to the activities of law enforcement and
prosecution agencies in the investigation and prosecution of criminal offenses or to
legitimate medical, scientific, or educational activities, or to lawful conduct between
spouses.
(d) Every person who violates subdivision (a) shall be punished by a fine of not
more than two thousand dollars ($2,000) or by imprisonment in a county jail for not
more than one year, or by both that fine and imprisonment. If the person has been
previously convicted of a violation of subdivision (a) or any section of this chapter,
he or she shall be punished by imprisonment in the state prison.
(e) The provisions of this section do not apply to an employee of a commercial
film developer who is acting within the scope of his or her employment and in
accordance with the instructions of his or her employer, provided that the employee
has no financial interest in the commercial developer by which he or she is employed.
(f) Subdivision (a) does not apply to matter that is unsolicited and is received
without knowledge or consent through a facility, system, or network over which the
person or entity has no control

Question 70

314 PC

Answer 70

Every person who willfully and lewdly, either:
1. Exposes his person, or the private parts thereof, in any public place, or in any
place where there are present other persons to be offended or annoyed thereby; or,
2. Procures, counsels, or assists any person so to expose himself or take part in
any model artist exhibition, or to make any other exhibition of himself to public view,
or the view of any number of persons, such as is offensive to decency, or is adapted
to excite to vicious or lewd thoughts or acts,
is guilty of a misdemeanor.
Every person who violates subdivision 1 of this section after having entered, without
consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of
the Vehicle Code, or the inhabited portion of any other building, is punishable by
imprisonment in the state prison, or in the county jail not exceeding one year.
Upon the second and each subsequent conviction under subdivision 1 of this section,
or upon a first conviction under subdivision 1 of this section after a previous conviction
under Section 288, every person so convicted is guilty of a felony, and is punishable
by imprisonment in state prison

Question 71

379 PC

Answer 71

Every person who sells, dispenses, distributes, furnishes, administers, gives, or
offers to sell, dispense, distribute, furnish, administer, or give Salvia divinorum or
Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin
A, to any person who is less than 18 years of age, is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

Question 72

422 PC

Answer 72

(a) Any person who 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, shall be punished by imprisonment in the county jail
not to exceed one year, or by imprisonment in the state prison.
(b) For purposes of this section, “immediate family” means any spouse, whether
by marriage or not, parent, child, any person related by consanguinity or affinity
within the second degree, or any other person who regularly resides in the household,
or who, within the prior six months, regularly resided in the household.
(c) “Electronic communication device” includes, but is not limited to, telephones,
cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic
communication” has the same meaning as the term defined in Subsection 12 of Section
2510 of Title 18 of the United States Code.

Question 73

459.5 PC

Answer 73

(a) Notwithstanding Section 459, shoplifting is defined as entering a
commercial establishment with intent to commit larceny while that establishment is
open during regular business hours, where the value of the property that is taken or
intended to be taken does not exceed nine hundred fifty dollars ($950). Any other
entry into a commercial establishment with intent to commit larceny is burglary.
Shoplifting shall be punished as a misdemeanor, except that a person with one or
more prior convictions for an offense specified in clause (iv) of subparagraph (C) of
paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration
pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision
(h) of Section 1170.
(b) Any act of shoplifting as defined in subdivision (a) shall be charged as
shoplifting. No person who is charged with shoplifting may also be charged with
burglary or theft of the same property

Question 74

459 PC

Answer 74

Every person who enters any house, room, apartment, tenement, shop,
warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined
in Section 21 of the Harbors and Navigation Code, floating home, as defined in
subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car,
locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach,
as defined in Section 635 of the Vehicle Code, any house car, as defined in Section
362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle
Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as
defined by Section 21012 of the Public Utilities Code, or mine or any underground
portion thereof, with intent to commit grand or petit larceny or any felony is guilty
of burglary. As used in this chapter, “inhabited” means currently being used for
dwelling purposes, whether occupied or not. A house, trailer, vessel designed for
habitation, or portion of a building is currently being used for dwelling purposes if,
at the time of the burglary, it was not occupied solely because a natural or other
disaster caused the occupants to leave the premises

Question 75

466 PC

Answer 75

Every person having upon him or her in his or her possession a picklock, crow,
keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slidehammer, slim
jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller,
master key, ceramic or porcelain spark plug chips or pieces, or other instrument or
tool with intent feloniously to break or enter into any building, railroad car, aircraft,
or vessel, trailer coach, or vehicle as defined in the Vehicle Code, or who shall
knowingly make or alter, or shall attempt to make or alter, any key or other instrument
named above so that the same will fit or open the lock of a building, railroad car,
aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle Code, without being
requested to do so by some person having the right to open the same, or who shall
make, alter, or repair any instrument or thing, knowing or having reason to believe
that it is intended to be used in committing a misdemeanor or felony, is guilty of a
misdemeanor. Any of the structures mentioned in Section 459 shall be deemed to be
a building within the meaning of this section

Question 76

646.9 PC

Answer 76

(a) Any person who 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, punishable by imprisonment
in a county jail for not more than one year, or by a fine of not more than one thousand
dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the
state prison

Question 77

646.9 B PC

Answer 77

Any person who violates subdivision (a) when there is a temporary restraining
order, injunction, or any other court order in effect prohibiting the behavior described
in subdivision (a) against the same party, shall be punished by imprisonment in the
state prison for two, three, or four years.

Question 78

646.9 C PC

Answer 78

(c) (1) Every person who, after having been convicted of a felony under Section
273.5, 273.6, or 422, commits a violation of subdivision (a) shall be punished by
imprisonment in a county jail for not more than one year, or by a fine of not more
than one thousand dollars ($1,000), or by both that fine and imprisonment, or by
imprisonment in the state prison for two, three, or five years.
(2) Every person who, after having been convicted of a felony under subdivision
(a), commits a violation of this section shall be punished by imprisonment in the state
prison for two, three, or five years.

Question 79

647.6 PC

Answer 79

(a) (1) Every person who annoys or molests any child under 18 years of age
shall be punished by a fine not exceeding five thousand dollars ($5,000), by
imprisonment in a county jail not exceeding one year, or by both the fine and
imprisonment.
(2) Every person who, motivated by an unnatural or abnormal sexual interest in
children, engages in conduct with an adult whom he or she believes to be a child
under 18 years of age, which conduct, if directed toward a child under 18 years of
age, would be a violation of this section, shall be punished by a fine not exceeding
five thousand dollars ($5,000), by imprisonment in a county jail for up to one year,
or by both that fine and imprisonment

Question 80

647.6 c pc

Answer 80

(c) (1) Every person who violates this section shall be punished upon the second
and each subsequent conviction by imprisonment in the state prison.
(2) Every person who violates this section after a previous felony conviction under
Section 261, 264.1, 269, 285, 286, 287, 288.5, or 289, or former Section 288a, any
of which involved a minor under 16 years of age, or a previous felony conviction
under this section, a conviction under Section 288, or a felony conviction under Section
311.4 involving a minor under 14 years of age shall be punished by imprisonment in
the state prison for two, four, or six years.

Question 81

647.6 b pc

Answer 81

Every person who violates this section after having entered, without consent,
an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle
Code, or the inhabited portion of any other building, shall be punished by imprisonment
in the state prison, or in a county jail not exceeding one year, and by a fine not
exceeding five thousand dollars ($5,000).

Question 82

647.6 d pc

Answer 82

(d) (1) In any case in which a person is convicted of violating this section and
probation is granted, the court shall require counseling as a condition of probation,
unless the court makes a written statement in the court record, that counseling would
be inappropriate or ineffective.
(2) In any case in which a person is convicted of violating this section, and as a
condition of probation, the court prohibits the defendant from having contact with
the victim, the court order prohibiting contact shall not be modified except upon the
request of the victim and a finding by the court that the modification is in the best
interest of the victim. As used in this paragraph, “contact with the victim” includes
all physical contact, being in the presence of the victim, communication by any means,
any communication by a third party acting on behalf of the defendant, and any gifts.
(e) Nothing in this section prohibits prosecution under any other provision of law.

Question 83

653.2 Pc

Answer 83

(a) Every person who, with intent to place another person in reasonable fear
for his or her safety, or the safety of the other person’s immediate family, by means
of an electronic communication device, and without consent of the other person, and
for the purpose of imminently causing that other person unwanted physical contact,
injury, or harassment, by a third party, electronically distributes, publishes, e-mails,
hyperlinks, or makes available for downloading, personal identifying information,
including, but not limited to, a digital image of another person, or an electronic message
of a harassing nature about another person, which would be likely to incite or produce
that unlawful action, is guilty of a misdemeanor punishable by up to one year in a
county jail, by a fine of not more than one thousand dollars ($1,000), or by both that
fine and imprisonment.
(b) For purposes of this section, “electronic communication device” includes, but
is not limited to, telephones, cell phones, computers, Internet Web pages or sites,
Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants
(PDAs), video recorders, fax machines, or pagers. “Electronic communication” has
the same meaning as the term is defined in Section 2510(12) of Title 18 of the United
States Code.
(c) For purposes of this section, the following terms apply:
(1) “Harassment” means a knowing and willful course of conduct directed at a
specific person that a reasonable person would consider as seriously alarming, seriously
annoying, seriously tormenting, or seriously terrorizing the person and that serves no
legitimate purpose.
(2) “Of a harassing nature” means of a nature that a reasonable person would
consider as seriously alarming, seriously annoying, seriously tormenting, or seriously
terrorizing of the person and that serves no legitimate purpose

Question 84

653m pc

Answer 84

Every person who, with intent to annoy, telephones or makes contact by
means of an electronic communication device with another and addresses to or about
the other person any obscene language or addresses to the other person any threat to
inflict injury to the person or property of the person addressed or any member of his
or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to
telephone calls or electronic contacts made in good faith.

Question 85

653m b PC

Answer 85

Every person who, with intent to annoy or harass, makes repeated telephone
calls or makes repeated contact by means of an electronic communication device, or
makes any combination of calls or contact, to another person is, whether or not
conversation ensues from making the telephone call or contact by means of an
electronic communication device, guilty of a misdemeanor. Nothing in this subdivision
shall apply to telephone calls or electronic contacts made in good faith or during the
ordinary course and scope of business

Question 86

653m C PC

Answer 86

Any offense committed by use of a telephone may be deemed to have been
committed when and where the telephone call or calls were made or received. Any
offense committed by use of an electronic communication device or medium, including
the Internet, may be deemed to have been committed when and where the electronic
communication or communications were originally sent or first viewed by the recipient.

Question 87

653m D PC

Answer 87

(d) Subdivision (a) or (b) is violated when the person acting with intent to annoy
makes a telephone call or contact by means of an electronic communication device
requesting a return call and performs the acts prohibited under subdivision (a) or (b)
upon receiving the return call.

Question 88

679.026 pc

Answer 88

(a) It is the intent of the people of the State of California in enacting this
section to implement the rights of victims of crime established in Section 28 of Article
I of the California Constitution to be informed of the rights of crime victims
enumerated in the Constitution and in the statutes of this state.
(b) Every victim of crime has the right to receive without cost or charge a list of
the rights of victims of crime recognized in Section 28 of Article I of the California
Constitution. These rights shall be known as “Marsy Rights.”
(c) (1) Every law enforcement agency investigating a criminal act and every agency
prosecuting a criminal act shall, as provided herein, at the time of initial contact with
a crime victim, during follow-up investigation, or as soon thereafter as deemed
appropriate by investigating officers or prosecuting attorneys, provide or make
available to each victim of the criminal act without charge or cost a “Marsy Rights”
card described in paragraphs (3) and (4).
(2) The victim disclosures required under this section shall be available to the
public at a state funded and maintained Web site authorized pursuant to Section 14260
of the Penal Code to be known as “Marsy’s Page.”
(3) The Attorney General shall design and make available in “.pdf” or other imaging
format to every agency listed in paragraph (1) a “Marsy Rights” card, which shall
contain the rights of crime victims described in subdivision (b) of Section 28 of Article
I of the California Constitution, information on the means by which a crime victim
can access the web page described in paragraph (2), and a toll-free telephone number
to enable a crime victim to contact a local victim’s assistance office.
(4) Every law enforcement agency which investigates criminal activity shall, if
provided without cost to the agency by any organization classified as a nonprofit
organization under paragraph (3) of subdivision (c) of Section 501 of the Internal
Revenue Code, make available and provide to every crime victim a “Victims’ Survival
and Resource Guide” pamphlet and/or video that has been approved by the Attorney
General. The “Victims’ Survival and Resource Guide” and video shall include an
approved “Marsy Rights” card, a list of government agencies, nonprofit victims’
rights groups, support groups, and local resources that assist crime victims, and any
other information which the Attorney General determines might be helpful to victims
of crime.
(5) Any agency described in paragraph (1) may in its discretion design and distribute
to each victim of a criminal act its own Victims’ Survival and Resource Guide andvideo, the contents of which have been approved by the Attorney General, in addition
to or in lieu of the materials described in paragraph (4).

Question 89

833 pc

Answer 89

(a) It is the intent of the people of the State of California in enacting this
section to implement the rights of victims of crime established in Section 28 of Article
I of the California Constitution to be informed of the rights of crime victims
enumerated in the Constitution and in the statutes of this state.
(b) Every victim of crime has the right to receive without cost or charge a list of
the rights of victims of crime recognized in Section 28 of Article I of the California
Constitution. These rights shall be known as “Marsy Rights.”
(c) (1) Every law enforcement agency investigating a criminal act and every agency
prosecuting a criminal act shall, as provided herein, at the time of initial contact with
a crime victim, during follow-up investigation, or as soon thereafter as deemed
appropriate by investigating officers or prosecuting attorneys, provide or make
available to each victim of the criminal act without charge or cost a “Marsy Rights”
card described in paragraphs (3) and (4).
(2) The victim disclosures required under this section shall be available to the
public at a state funded and maintained Web site authorized pursuant to Section 14260
of the Penal Code to be known as “Marsy’s Page.”
(3) The Attorney General shall design and make available in “.pdf” or other imaging
format to every agency listed in paragraph (1) a “Marsy Rights” card, which shall
contain the rights of crime victims described in subdivision (b) of Section 28 of Article
I of the California Constitution, information on the means by which a crime victim
can access the web page described in paragraph (2), and a toll-free telephone number
to enable a crime victim to contact a local victim’s assistance office.
(4) Every law enforcement agency which investigates criminal activity shall, if
provided without cost to the agency by any organization classified as a nonprofit
organization under paragraph (3) of subdivision (c) of Section 501 of the Internal
Revenue Code, make available and provide to every crime victim a “Victims’ Survival
and Resource Guide” pamphlet and/or video that has been approved by the Attorney
General. The “Victims’ Survival and Resource Guide” and video shall include an
approved “Marsy Rights” card, a list of government agencies, nonprofit victims’
rights groups, support groups, and local resources that assist crime victims, and any
other information which the Attorney General determines might be helpful to victims
of crime.
(5) Any agency described in paragraph (1) may in its discretion design and distribute
to each victim of a criminal act its own Victims’ Survival and Resource Guide andvideo, the contents of which have been approved by the Attorney General, in addition
to or in lieu of the materials described in paragraph (4).

Question 90

835 a pc

Answer 90

835a. (a) The Legislature finds and declares all of the following:
(1) That the authority to use physical force, conferred on peace officers by this
section, is a serious responsibility that shall be exercised judiciously and with respect
for human rights and dignity and for the sanctity of every human life. The Legislature
further finds and declares that every person has a right to be free from excessive use
of force by officers acting under color of law
(2) As set forth below, it is the intent of the Legislature that peace officers use
deadly force only when necessary in defense of human life. In determining whether
deadly force is necessary, officers shall evaluate each situation in light of the particular
circumstances of each case, and shall use other available resources and techniques if
reasonably safe and feasible to an objectively reasonable officer.
(3) That the decision by a peace officer to use force shall be evaluated carefully
and thoroughly, in a manner that reflects the gravity of that authority and the serious
consequences of the use of force by peace officers, in order to ensure that officers use
force consistent with law and agency policies.
(4) That the decision by a peace officer to use force shall be evaluated from the
perspective of a reasonable officer in the same situation, based on the totality of the
circumstances known to or perceived by the officer at the time, rather than with the
benefit of hindsight, and that the totality of the circumstances shall account for
occasions when officers may be forced to make quick judgments about using force.
(5) That individuals with physical, mental health, developmental, or intellectual
disabilities are significantly more likely to experience greater levels of physical force
during police interactions, as their disability may affect their ability to understand or
comply with commands from peace officers. It is estimated that individuals with
disabilities are involved in between one-third and one-half of all fatal encounters with
law enforcement.

Question 91

835 b pc

Answer 91

(b) Any peace officer who has reasonable cause to believe that the person to be
arrested has committed a public offense may use objectively reasonable force to effect
the arrest, to prevent escape, or to overcome resistance

Question 92

835 c pc

Answer 92

(c) (1) Notwithstanding subdivision (b), a peace officer is justified in using deadly
force upon another person only when the officer reasonably believes, based on the
totality of the circumstances, that such force is necessary for either of the following
reasons:
(A) To defend against an imminent threat of death or serious bodily injury to the
officer or to another person. (B) To apprehend a fleeing person for any felony that threatened or resulted in
death or serious bodily injury, if the officer reasonably believes that the person will
cause death or serious bodily injury to another unless immediately apprehended.
Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts
to identify themselves as a peace officer and to warn that deadly force may be used,
unless the officer has objectively reasonable grounds to believe the person is aware
of those facts.
(2) A peace officer shall not use deadly force against a person based on the danger
that person poses to themselves, if an objectively reasonable officer would believe
the person does not pose an imminent threat of death or serious bodily injury to the
peace officer or to another person.

Question 93

835 d pc

Answer 93

A peace officer who makes or attempts to make an arrest need not retreat or
desist from their efforts by reason of the resistance or threatened resistance of the
person being arrested. A peace officer shall not be deemed an aggressor or lose the
right to self-defense by the use of objectively reasonable force in compliance with
subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome
resistance. For the purposes of this subdivision, “retreat” does not mean tactical
repositioning or other deescalation tactics.

Question 94

836 a pc

Answer 94

(a) A peace officer may arrest a person in obedience to a warrant, or, pursuant
to the authority granted to him or her by Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the
following circumstances occur:
(1) The officer has probable cause to believe that the person to be arrested has
committed a public offense in the officer’s presence.
(2) The person arrested has committed a felony, although not in the officer’s
presence.
(3) The officer has probable cause to believe that the person to be arrested has
committed a felony, whether or not a felony, in fact, has been committed

Question 95

836 b pc

Answer 95

Any time a peace officer is called out on a domestic violence call, it shall be
mandatory that the officer make a good faith effort to inform the victim of his or her
right to make a citizen’s arrest, unless the peace officer makes an arrest for a violation
of paragraph (1) of subdivision (e) of Section 243 or 273.5. This information shall
include advising the victim how to safely execute the arrest

Question 96

836 c pc

Answer 96

(c) (1) When a peace officer is responding to a call alleging a violation of a
domestic violence protective or restraining order issued under Section 527.6 of the
Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or paragraph (2)
of subdivision (a) of Section 1203.097 of this code, Section 213.5 or 15657.03 of the
Welfare and Institutions Code, or of a domestic violence protective or restraining
order issued by the court of another state, tribe, or territory and the peace officer has
probable cause to believe that the person against whom the order is issued has notice
of the order and has committed an act in violation of the order, the officer shall,
consistent with subdivision (b) of Section 13701, make a lawful arrest of the person
without a warrant and take that person into custody whether or not the violation
occurred in the presence of the arresting officer. The officer shall, as soon as possible
after the arrest, confirm with the appropriate authorities or the Domestic Violence
Protection Order Registry maintained pursuant to Section 6380 of the Family Code
that a true copy of the protective order has been registered, unless the victim provides
the officer with a copy of the protective order.
(2) The person against whom a protective order has been issued shall be deemed
to have notice of the order if the victim presents to the officer proof of service of the
order, the officer confirms with the appropriate authorities that a true copy of the
proof of service is on file, or the person against whom the protective order was issued
was present at the protective order hearing or was informed by a peace officer of the
contents of the protective order.(3) In situations where mutual protective orders have been issued under Division
10 (commencing with Section 6200) of the Family Code, liability for arrest under
this subdivision applies only to those persons who are reasonably believed to have
been the dominant aggressor. In those situations, prior to making an arrest under this
subdivision, the peace officer shall make reasonable efforts to identify, and may arrest,
the dominant aggressor involved in the incident. The dominant aggressor is the person
determined to be the most significant, rather than the first, aggressor. In identifying
the dominant aggressor, an officer shall consider (A) the intent of the law to protect
victims of domestic violence from continuing abuse, (B) the threats creating fear of
physical injury, (C) the history of domestic violence between the persons involved,
and (D) whether either person involved acted in self-defense

Question 97

836 d pc

Answer 97

(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an
assault or battery upon a current or former spouse, fiancé, fiancée, a current or former
cohabitant as defined in Section 6209 of the Family Code, a person with whom the
suspect currently is having or has previously had an engagement or dating relationship,
as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom
the suspect has parented a child, or is presumed to have parented a child pursuant to
the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12
of the Family Code), a child of the suspect, a child whose parentage by the suspect
is the subject of an action under the Uniform Parentage Act, a child of a person in
one of the above categories, any other person related to the suspect by consanguinity
or affinity within the second degree, or any person who is 65 years of age or older
and who is related to the suspect by blood or legal guardianship, a peace officer may
arrest the suspect without a warrant where both of the following circumstances apply:
(1) The peace officer has probable cause to believe that the person to be arrested
has committed the assault or battery, whether or not it has in fact been committed.
(2) The peace officer makes the arrest as soon as probable cause arises to believe
that the person to be arrested has committed the assault or battery, whether or not it
has in fact been committed.
(e) In addition to the authority to make an arrest without a warrant pursuant to
paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant,
arrest a person for a violation of Section 25400 when all of the following apply:
(1) The officer has reasonable cause to believe that the person to be arrested has
committed the violation of Section 25400.
(2) The violation of Section 25400 occurred within an airport, as defined in Section
21013 of the Public Utilities Code, in an area to which access is controlled by the
inspection of persons and property.
(3) The peace officer makes the arrest as soon as reasonable cause arises to believe
that the person to be arrested has committed the violation of Section 25400.

Question 98

837 pc

Answer 98

A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for
believing the person arrested to have committed it.

Question 99

840 pc

Answer 99

An arrest for the commission of a felony may be made on any day and at any
time of the day or night. An arrest for the commission of a misdemeanor or an
infraction cannot be made between the hours of 10 o’clock p.m. of any day and 6
o’clock a.m. of the succeeding day, unless:
(1) The arrest is made without a warrant pursuant to Section 836 or 837.
(2) The arrest is made in a public place.
(3) The arrest is made when the person is in custody pursuant to another lawful
arrest.
(4) The arrest is made pursuant to a warrant which, for good cause shown, directs
that it may be served at any time of the day or night.

Question 100

842 pc

Answer 100

An arrest by a peace officer acting under a warrant is lawful even though the
officer does not have the warrant in his possession at the time of the arrest, but if the
person arrested so requests it, the warrant shall be shown to him as soon as practicable.

Question 101

843 pc

Answer 101

When the arrest is being made by an officer under the authority of a warrant,
after information of the intention to make the arrest, if the person to be arrested either
flees or forcibly resists, the officer may use all necessary means to effect the arrest

Question 102

16590 pc

Answer 102

As used in this part, “generally prohibited weapon” means any of the
following:
(a) An air gauge knife, as prohibited by Section 20310.
(b) Ammunition that contains or consists of a flechette dart, as prohibited by Section
30210.
(c) A ballistic knife, as prohibited by Section 21110.
(d) A belt buckle knife, as prohibited by Section 20410.
(e) A bullet containing or carrying an explosive agent, as prohibited by Section
30210.
(f) A camouflaging firearm container, as prohibited by Section 24310.
(g) A cane gun, as prohibited by Section 24410.
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310.
(j) A concealed explosive substance, other than fixed ammunition, as prohibited
by Section 19100.
(k) A firearm that is not immediately recognizable as a firearm, as prohibited by
Section 24510.
(l) A large-capacity magazine, as prohibited by Section 32310.
(m) A leaded cane or an instrument or weapon of the kind commonly known as a
billy, blackjack, sandbag, sandclub, sap, or slungshot, as prohibited by Section 22210.
(n) A lipstick case knife, as prohibited by Section 20610.
(o) Metal knuckles, as prohibited by Section 21810.
(p) A metal military practice handgrenade or a metal replica handgrenade, as
prohibited by Section 19200.
(q) A multiburst trigger activator, as prohibited by Section 32900.
(r) A nunchaku, as prohibited by Section 22010.
(s) A shobi-zue, as prohibited by Section 20710.
(t) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215.
(u) A shuriken, as prohibited by Section 22410.
(v) An unconventional pistol, as prohibited by Section 31500.
(w) An undetectable firearm, as prohibited by Section 24610.
(x) A wallet gun, as prohibited by Section 24710.
(y) A writing pen knife, as prohibited by Section 20910.
(z) A zip gun, as prohibited by Section 33600.