Flashcards in Sex Crimes Deck (26)
What is the Penal Code interpretation of "Consent"
consent means agreeing to an action freely and voluntarily and with knowledge of the nature of the act or transaction involved.
Elements of 261 PC
- an act of penile/vaginal intercourse which is committed
- with a person, not the spouse of the perpetrator, and
- without consent of the person.
Assault with intent to commit mayhem, rape, sodomy, oral copulation, rape in concert, lewd acts with a child, or penetration with a foreign object
Elements of 220 PC
- with specific intent
- to commit mayhem, rape, sodomy, oral copulation, rape in concert, lewd
acts with a child, or penetration with a foreign object.
Elements of 240 PC
An assault as an unlawful attempt,
coupled with a present ability, to commit a violent injury on another person.
What is "Mayhem" as defined in the Penal Code?
when a person unlawfully and maliciously deprives a human being of a member of his or her body, disables, disfigures, or renders it useless; cuts
or disables the tongue; puts out an eye; or slits the nose, ear, or lip.
What is the statue of limitations for those that commit assualt with intent to commit a sex crime?
Elements of 314 PC
- willful and lewd,
- exposure of one’s person or private parts
- in any public place
- or any place where other individuals are present to be offended or annoyed.
When is 314 PC a felony?
- Prior conviction for 314 PC or 288a
- When the person enters an inhabited dwelling house, trailer coach, or inhabited portion of any building and entry was made without consent
Elements of 285 PC
- individuals being within the degrees of consanguinity
- who intermarry or have penile/vaginal intercourse.
Can oral copulation be incest under the law?
The only sexual act which constitutes the crime of incest is penile/vaginal intercourse. Oral copulation, for example, would not constitute the crime.
What is the definition of "Consanguinity" according to the Penal Code?
Means related by blood.
Elements of 288a PC
- the act of copulating the mouth of one person
- with the sex organ or anus of another person,
- without consent of the victim.
Penetration with a foreign object
Elements of 289 PC
- the use of a foreign or unknown object for purposes of sexual arousal, gratification, or abuse
- to penetrate, however slight,
- the genital or anal openings
- against the person’s will or causes another person to penetrate
Elements of 262 PC
- an act of penile/vaginal intercourse, which
- is against the will of the spouse (without consent).
Elements of 286 PC
- penetration, however slight,
- of the penis of one person
- into the anus of another person
- without consent