Penal Codes

Question 1

148 (a) (1)

Answer 1

Resisting Arrest

elements: intentional act, knowledge they willfully resisted, lawful performance (officer or EMT were trying to do their duty)

Question 2

166 (a) (4)

Answer 2

Violating a court order

elements: court lawfully issued a written order, person knew about order, had ability to follow order, willfully violated the order.

Question 3

187

Answer 3

murder

elements: causation, acted with wanton disregard for human life and high likelihood of death, lack of justification.

Question 4

192

Answer 4

voluntary manslaughter

elements: intentionally acted in a way that caused someone’s death, killed someone with motor vehicle

Question 5

207(a)

Answer 5

kidnapping

elements: used force or fear to detain or make a person move, victim did not consent, distance moved was substantial.

Question 6

211

Answer 6

robbery

elements: took property that did not belong to them from someone’s immediate presents, against the owners will, the person knew they would commit robbery.

Question 7

215

Answer 7

carjacking

elements: took vehicle from owner or passenger, used force or fear to take the vehicle. intent to permanently or temporarily deprive the owner of vehicle.

Question 8

236

Answer 8

false imprisonment

elements: intentionally detained, restrained or confined. victim was harmed and did not give consent. restraint caused victim to stay or go somewhere for a period of time.

Question 9

242

Answer 9

battery

elements: made/ acted with intent to commit physical harm, an offensive act,

Question 10

243 (e) (1)

Answer 10

domestic battery

elements: intentional touching (offensive harmful way), victim relationship (spouse, ex, finance, co-parents, etc)

Question 11

245

Answer 11

assault with a deadly weapon

elements: using deadly weapon, have intent, awareness, the ability to use force

Question 12

246

Answer 12

shooting at an inhabited dwelling or occupied vehicle

elements: willfully maliciously discharged a firearm, shot at inhabited air craft or camper as well.

Question 13

247

Answer 13

shooting at unoccupied vehicle or building

elements: shooting at unoccupied aircraft

Question 14

261

Answer 14

rape

elements: non consent, used force, violence, duress, menace, fear or fraud to achieve act.

Question 15

272

Answer 15

contributing to delinquency of a minor

elements: committed an act or failed to perform a duty, caused child to become delinquent, a habitual truant, or a dependent child of juvenile court.

Question 16

273a

Answer 16

child endangerment

elements: intentional act, unjustifiable pain or suffering, circumstances likely to produce great bodily harm or death, and have custody or care of the child

Question 17

273d

Answer 17

child abuse

elements: willful infliction, cruel or inhumane punishment, traumatic condition, no legal excuse, victim is a child.

Question 18

273.5

Answer 18

corporal injury to spouse

elements: willful injury, domestic relationship, traumatic confusion, visible injury

Question 19

286

Answer 19

sodomy

elements: contact between penis of one person and anus of other. under 18, unable able to consent, forced to do act.

Question 20

288 (a)

Answer 20

lewd or lascivious acts with a minor

elements: you willfully touched any part of a child’s body on bare skin or through clothing. intent of arousing or sexual desires of yourself or child. under age of 14 years old.

Question 21

311.11

Answer 21

possession of child pornography

elements: defendant knowingly committed the act and when committed she/he knew the matter showed a person under 18 years of age participating in sexual conduct

Question 22

314

Answer 22

indecent exposure

elements: intentionally exposed genitals, occurred in public place, likely to offend or annoy others, sexual intent.

Question 23

368

Answer 23

elder abuse

elements: physical abuse, neglect, abandonment, abduction, financial abuse, had knowledge of crime, had care or custody

Question 24

407

Answer 24

unlawful assembly

Question 25

416 (a)

Answer 25

failure to disperse elements: two or more persons assemble for purpose of disturbing peace or committing unlawful act.

Question 26

417 (a) (1)

Answer 26

brandishing a deadly weapon elements: drew, exhibited, or used a deadly weapon. acted in anger, rude, or threatening manner. the conduct disturbed, frightened, offended or injured a “reasonable person”

Question 27

422

Answer 27

criminal threats elements: threat was communicated, intent was made, reasonable fear for their safety, threat must be unconditional, immediate and specific.

Question 28

459

Answer 28

burglary elements: entered building, room, or vehicle, with intent to commit felony or theft.

Question 29

459.5

Answer 29

shoplifting elements: entering a commercial business, during business hours, under $950

Question 30

466

Answer 30

possession of burglary tools elements: possessed burglary tools, intent to break into home, vehicle, building, vessel. did not have authorization to enter property.

Question 31

470

Answer 31

forgery elements: intent to commit fraud, no authority to commit the act, falsely signed, made, or materially altered a document.

Question 32

484

Answer 32

petty theft elements: intent to take possessions, took property without consent, movement of property for long period of time, value under $950.

Question 33

487

Answer 33

grand theft elements: took property without consent, worth more than $950, intent to deprive owner of property.

Question 34

496 (a)

Answer 34

receiving stolen property elements: property was obtained by theft, received, concealed, sold or withheld property. the accused knew it was obtained by theft

Question 35

537

Answer 35

defrauding an innkeeper elements: obtaining food, fuel, services, or accommodations from business and doing without paying. having the intent.

Question 36

594

Answer 36

vandalism elements: acted intentionally, to damage deface, or destroy the property. caused damage, did not own the property which was damaged.

Question 37

647 (a)

Answer 37

lewd conduct in public elements: person touched themselves or others for sexual gratification, knew they were in public, aware others would be offended, solicited another person to engage.

Question 38

647 (b)

Answer 38

prostitution elements: engaging, soliciting, agreeing to sexual acts for money or other compensation

Question 39

647 (f)

Answer 39

public intoxication element’s: misdemeanor under the influence, in a public place, unable to care for self, interfered with public way

Question 40

647 (h)

Answer 40

loitering to commit a crime element’s: delaying, lingering, prowling, or wandering on someone’s private property without a lawful purpose.

Question 41

273 (a)(b)

Answer 41

willful cruelty to a child elements: willful infliction of pain or suffering, injury to a child, placing the child in danger

Question 42

243.4

Answer 42

sexual battery elements: restrained a victim, touched themselves victim sexually or forced them to touch themselves, touching was against will and for sexual purposes.

Question 43

273(a)(a)

Answer 43

child endangerment likely to suffer great bodily harm or death elements: willfully causes or permits a child to suffer, or inflicts unjustifiable physical pain or mental suffering. having care or custody of child.

Question 44

289

Answer 44

forcible penetration sexually with foreign objects. elements: against victims will, by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury.

Question 45

288a

Answer 45

oral copulation with a minor. elements: under 18 years old, no consent.

Question 46

451

Answer 46

arson elements: willfully and maliciously sets fire to structure, forest, land, and other property.

Question 47

452

Answer 47

unlawfully causing a fire elements: recklessly setting, causing damage or injury with fire.

Question 48

835a

Answer 48

officer justified in using reasonable force