Penal Code Flashcards
Assault & Battery
Openly threatens violence or injury upon an individual either orally or through their actions and acts upon that threat.
Unlawful Imprisonment
Restricts a person’s movement within any area without justification or consent.
Kidnapping
Abducts another person and holds them against their will.
Kidnapping a Government Employee
Abducts a government employee and holds them against their will.
Assault with a Deadly Weapon
Attempts to commit a violent injury upon another person with a deadly weapon. A weapon is described as a firearm or any type of melee item, also including motor vehicles.
Manslaughter
The accidental, criminally negligent, or criminally reckless killing of another individual for whom a death certificate or autopsy report may be produced or supplied within a reasonable time.
Attempted 2nd Degree Murder
The attempt to unlawfully kill that doesn’t involve malice aforethought—intent to seriously harm or kill, or extreme, reckless disregard for life. Heat of passion, callous disregard for human life.
2nd Degree Murder
The act of unlawfully killing that doesn’t involve malice aforethought—intent to seriously harm or kill, or extreme, reckless disregard for life. Heat of passion, callous disregard for human life.
Attempted 1st Degree Murder
The attempt to unlawfully kill another human without justification or valid excuse, with malice aforethought / premeditation.
1st Degree Murder
The unlawful killing of another human without justification or valid excuse, with malice aforethought / premeditation.
Criminal Threats
“A ““criminal threat”” is when you threaten to kill or physically harm someone.
That person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family, the threat is specific and unequivocal and you communicate the threat verbally, in writing, or via an electronically transmitted device.”
Attempted Murder of a Government Employee
The attempt to murder a government employee. A government employee is listed as a Law Enforcement Officer, Emergency Medical Services personnel, Doctor, District Attorney / Assistant District Attorney, and Judge.
Murder of a Government Employee
The intentional act that leads to the death of a Government Employee. A government employee is listed as a Law Enforcement Officer, Emergency Medical Services personnel, Doctor, District Attorney / Assistant District Attorney, and Judge. Held Until Trial
Gang Related Shooting
“Any individual who, with one or more members of their “gang” engages in a shooting/shootout with two or more members of other gangs.
A “gang” is defined as an ongoing group, club, organization, or association of three or more persons which has the primary purpose of the commission of criminal offenses, or the members of which over the last ninety days have engaged in continuing or ongoing series of felony offenses. Alternatively, any individual or individuals flagged as “gang related” based on knowledge or probable cause by the Unified Police Department. “
Reckless Endangerment
Person creates a substantial risk of serious physical injury to another person. The accused person isn’t required to intend the resulting or potential harm, but must have acted in a way that showed a disregard for the foreseeable consequences of the actions.
Brandishing of a Firearm
Displaying a firearm in public without a legal reason. “Open Carry” is not a legal reason to have a weapon in your hand. To open carry, the weapon must be holstered or attached to a sling.
Petty Theft
Steals property in the value of less than $1,000 from another person.
Grand Theft
Steals property in the value of more than $1,000 from another person.
Joyriding
The taking or operating of a vehicle without the owner’s consent, without the intent to deprive the owner of the vehicle permanently.
Grand Theft Auto
Unlawfully taking a vehicle belonging to another, or driving the vehicle without the owner’s consent, with the intent to permanently deprive the owner of the vehicle.
Tampering with a Vehicle
No person shall either individually or in association with one or more other persons, willfully tamper with any vehicle or the contents thereof, or break or remove any part of a vehicle without the consent of the owner.
Receiving Stolen Property in the Third Degree
A person who bought, received, sold or participated in selling, concealed or withheld property that has been stolen from another, and the individual knew the property was stolen. To included color coded bank cards in the amount of 5 or less.
Receiving Stolen Property in the Second Degree
A person who bought, received, sold or participated in selling, concealed or withheld property that has been stolen from another, and the individual knew the property was stolen. To included color coded bank cards in the amount of 6 to 10
Receiving Stolen Property in the First Degree
A person who bought, received, sold or participated in selling, concealed or withheld property that has been stolen from another, and the individual knew the property was stolen. To include possession of color coded bank cards in the amount of 11 or more.