Crime Definitions

187(a) PC- MURDER(Felony) –Unlawful killing of a human being.

207(a)PC -KIDNAP(Felony) –Use of force or fear to take, hold, detain, or illegally arrest another, and move to another location.

211PC- ROBBERY(Felony) –Use of force or fear in taking personal property from another, from his person or immediate presence, against their will.

241(a)PC-ASSAULT(Misdemeanor) –Unlawful attempt, with present ability, to commit violent injury on another.

243(a)PC-BATTERY(Misdemeanor) – Unlawful use of force on another.

243.4PC-SEXUAL BATTERY(Felony) –Touching intimate part of another.

245PC-ASSAULT WITH DEADLY WEAPON(Felony) –Assault with deadly weapon or force likely to produce great bodily injury.

261PC-RAPE(Felony)-Against a person’s will be means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

273(a)2PC-CHILD ENDANGERMENT(Felony) –Causing or placing a child in a position where injury does or likely could result.

273(d)PC-PHYSICAL ABUSE(Felony) –Of a child, any cruel or inhuman punishment or injury, resulting in traumatic condition.

273.5(a)PC-CORPORAL INJURY(Felony) –To spouse or cohabitant.

273.6(a)PC-VIOLATION OF RESTRAINING ORDER(Misdemeanor)

273.65PC-VIOLATION OF PROTECTIVE ORDER(Misdemeanor) –Minor child.

288(a)PC-LEWD ACTS UPON A CHILD(Felony) –Under 14years old.

415(1)PC-FIGHTING OR CHALLENGING(Misdemeanor) –Another to fight in a public place.

415(2)PC-DISTURBING(Misdemeanor) –Another, by loud or unreasonable noise.

415(3)PC-OFFENSIVE WORDS(Misdemeanor) –In public place, likely to cause a violent reaction.

417(a)(1)PC-DEADLY WEAPON(Misdemeanor) –Draw or exhibit, other than firearm, in threatening or rude manner.

422PC-TERRORIST THREATS(Felony) –Unconditional, immediate and specific threat to commit a crime which would result in death or great bodily injury to a person, causing fear for his or her own safety, or that of immediate family.

451PC-ARSON(Felony) –Willfully and maliciously setting fire to structure, forest land or property.

459PC-BURGLARY(Felony) –Entering any structure or locked vehicle, with the intent to commit any theft or any felony.

487PC-GRAND THEFT(Felony)-When the money, labor, or real personal property taken is of a value exceeding four hundred dollars.

555PC-TRESPASS(Misdemeanor)-Entering or remaining on posted property without owner’s consent.

594PC-VANDALISM(Misdemeanor)-Deface, damage or destroy property, not his/her own.

626.9PC-POSSESSION OF FIREARM(Felony)-On school grounds, without permission or permit.

646.9(a)PC-STALKING(Felony)-Maliciously or repeatedly following or harassing another, with intent to cause fear.

647PC-DISORDERLY CONDUCT(Misdemeanor)-(a)Lewd conduct, (b)Prostitution, (c)Begging, (d)Loitering, rest rooms, (f)Under the influence, (g)Loitering/prowling, (h)Peeping tom, (I)Illegal lodging,
(j)Restroom peephole.

647.6PC-ANNOYING OR MOLESTING CHILD(Felony)-Under 18, physically or verbally, in a sexual manner.

653(m)PC-ANNOYING TELEPHONE CALLS(Misdemeanor)

12020(a)PC-UNLAWFUL POSSESION(Felony)- sale, or manufacture of weapons.

12021(a)PC-FELON IN POSSESION OF FIREARM(Felony)-Convicted felon or drug addict.

12024PC-DEADLY WEAPON(Misdemeanor)-Possess with intent to assault.

12025(a)PC-CONCEALED FIREARM(Felony)-In a vehicle or on person without CCW permit.

12031(a)(1)PC-CARRYING LOADED FIREARM(Misdemeanor)-In public, on his/her person or in a vehicle.

12280(a)(1)PC-ASSAULT WEAPONS(Felony)-Possess, manufacture, transport, or sell assault weapons.

Alcoholic Beverage Control Laws

License Required – Busn. & Professions Code Section 23300

 No one may sell any alcoholic beverage without a license.
 Licenses are issued to specific persons for specific locations and the licensee must post the license in a conspicuous place.

License is Not Required – B&P §23399.1
 No license is required if there is no sale of alcoholic beverages, the premises are not open to the public, and the premises are not maintained for dispensing alcoholic beverages.
 The sale of “drink tickets” constitutes sale of alcoholic beverages.


Bear Manufacture for Personal Use – B&P §23356.2

 No license is required for the manufacture of beer for personal or family use and “not for sale” by a person over 21 years.
 Amount not to exceed:
 200 gallons per calendar year if two adults in household, or
 100 gallons per calendar year if one adult in household

 May be removed from premises for competitions, etc.

Wine Manufacture for Personal Use – B&P §23013

 Permits 200 gallons of wine
 For personal consumption.

Evidence of Age and Identity

Bona fide Evidence of Majority and Identity – B&P §25660

A document issued by a federal, state, county, or municipal government, or subdivision or agency there of, including, but not limited to:

 Driver’s license
 California I.D. card
 Armed Forces I.D.

Identification must include name, date of birth, description and picture.
Birth certificate and Selective Service Registration Card are not acceptable forms of ID; insufficient information.

Adequate Proof of Age, Refusal to Serve Minor – B&P § 25659

Any licensee, or his agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years and MAY SEIZE false I.D. if presented.


Sale After Hour – B&P §25631

No licensee, etc., or any person may knowingly purchase an alcoholic beverage during restricted hours.

No one may sell, deliver, or give away any alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. of the same day.

Disorderly Conduct (Drunk in Public) – Penal Code §647(f)

647. Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(f) Every person who is found in any public place under the influence of intoxicating liquor, drug, etc., in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, drug, etc., and interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

Sale of An Alcoholic Beverage to a Minor – B&P § 25658

25658.
 (a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor.
 (b) Any person under the age of 21 years who purchases any alcoholic beverage, or any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.
 (c) Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under the age of 21 years, and the person under the age of 21 years thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor.
 (d) Any on-sale licensee who knowingly permits a person under the age of 21 years to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under the age of 21 years, is guilty of a misdemeanor.

Parent furnishing to Minor who drives, drives and cases accident – B&P §25658.2

25658.2. A parent or legal guardian who knowingly permits his or her child, or a person in the company of the child, or both, who are under the age of 18 years, to consume an alcoholic beverage or use a controlled substance at the home of the parent or legal guardian is guilty of misdemeanor if all of the following occur:
 (1) As the result of the consumption of an alcoholic beverage or use of a controlled substance at the home of the parent or legal guardian, the child or other underage person has a blood-alcohol concentration of 0.05 percent or greater, as measured by a chemical test, or is under the influence of a controlled substance.
 (2) The parent knowingly permits that child or other underage person, after leaving the parent's or legal guardian's home, to drive a vehicle.
 (3) That child or underage person is found to have caused a traffic collision while driving the vehicle. (b) A person who violates subdivision (a) shall be punished by imprisonment in a county jail for a term not to exceed one year, by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and fine.



CRIMES AGAINST CHILDREN

Child Neglect - PC §270

If a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child, he or she is guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.


Child Endangerment, Willful Abuse or Injury to Person or Health of a Child – PC §273(a)

273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.

Physical Abuse of a Child; Corporal Injury – PC §273(d)

273d. (a) Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years, or in a county jail for not more than one year, by a fine of up to six thousand dollars ($6,000), or by both that imprisonment and fine.

Lewd Acts Upon a Child – PC §288

288. (a) Any 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.

Lewd : Disregarding socially accepted constraints.
Lascivious : Wanton and lustful
Lewd and Lascivious Act: An act which has a tendency to excite lust, committed with a disregard for social constraints.
Character of the act: It is not necessary that a sexual part be touched, but the act must be sexual in nature (there is intent for either party to become sexually roused). It may be a mere touching of the body or clothing, but it must be done with the intent to arouse either party. It is not necessary that the naked body be touched.

Unlawful Sexual Intercourse – PC §261.5

261.5.
 Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.
 Misdemeanor if the minor is not more thatn 3 years older or younger than the perpetrator
 Felony/Misdemeanor if the minor is more than three years younger than the perpetrator.
 Felony/Misdemeanor if the perpetrator is 21 years of age or older and the minor is under 16 years of age.


Safe Surrender of Newborns – H&S §1255.7

Within the first 72 hours after birth, a birth parent or other legal guardian may surrender newborn to personnel at designated hospitals or “safe-surrender sites.” Personnel of the safe-surrender site must accept custody. Surrendering parent faces no liability for abandonment.


72-Hour Detention and Evaluation – W&I § 5150

As a result of a mental disorder, the person must be :
 A danger to self by :
 Intent or attempt suicide
 Exhibits gross personal negligence

 Or others by:
 Specific threats or intentions
 Agitated, angry and explosive
 Engaging in irrational and reckless property destruction
 Gravely disabled by being unable to provide own food, shelter or clothing:
 Malnourished or dehydrated, unable to prepare food, eating unfit items, thinks food is poisoned, damages clothing, clothing inadequate or inappropriate for weather, sleeps in inadequate shelter, won’t use available public or private shelters, continually removed from shelters or residence for disruptions
 Danger must be “specific,” “imminent” and caused by mental state.


DOMESTIC VIOLENCE

Penal Code Section 13700:

"Domestic violence" means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, "cohabitant" means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.

Family Violence is domestic violence and abuse against a family or household member

Domestic Dispute is a disagreement between family or household members not involving violence, threats of violence or court order violations.


Emergency Protective Orders

A peace officer can request, for the victim, an emergency protective order (EPO) on the following grounds (Family Code Section 6250) :

 a person is in immediate and present danger of domestic violence, based on the person's allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought.

 a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member.

 a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction.

A peace office may also request an EPO for stalking when he can assert reasonable grounds to believe that a person is in immediate and present danger of stalking based upon the person's allegation that he or she has been willfully, maliciously, and repeatedly followed or harassed by another person who has made a credible threat with the intent of placing the person who is the target of the threat in reasonable fear for his or her safety, or the safety of his or her immediate family. (Penal Code646.91)


ELDER, DISABLED AND DEPENDENT ADULT ABUSE

Crimes against persons over 65 years of age, or personal between 18 and 64 years of age with physical and/or mental disabilities.

Crimes against the Person:

Many of these crimes are subtle in nature involving neglect, abandonment and isolation in addition to physical violence.

Neglect – Welfare & Institutions Code Section 15610.57

 Negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care which a reasonable person in a like position would exercise.
 Neglect includes failing to:
 assist in personal hygiene
 provide food, clothing, or shelter.
 provide medical care for physical and mental health needs.
 Failure to protect from health and safety hazards.
 Failure to prevent malnutrition or dehydration.
 Provide self-care as a result of impairment.

No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relied on treatment by spiritual means through prayer alone in lieu of medical treatment

Abandonment – Welfare & Institutions Code Section 15610.05

 Desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.

Isolation – Welfare & institutions Code Section 15610.43

 Intentionally preventing an elder or dependent adult from receiving his or her mail or telephone calls and/or interfering with or preventing visits against the elder’s or dependent adults wishes


HATE CRIMES, TERRORIST ACTS AND CIVIL RIGHTS VIOLATIONS

Hate crimes, acts and civil rights violations are unlawful practices done for the purpose of generating fear for personal safety in the victim and are motivated by race, color, ethnicity or national origin, religion, disability, gender or sexual preference.

Civil Rights, Interfere with, Property Damage or Speech
(Penal Code Section 422.6)
 No personal, whether or not acting under color of law, shall by force or threat of force, interfere with, any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state of by the Constitution or laws of the United States because of the other person’s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation


Terrorizing – Penal Code Section 11411

 Place or display a sign, mark symbol, etc., including but not limited to a Nazi swastika, on private property of another, or on primary, junior high or high school property, without authorization, to terrorize the owner, occupant, employee or student.

 Burn or desecrate a cross or other religious symbol on the private property of another, or on school property, without authorization for the purpose of terrorizing.



Obscene or Threatening Phone Calls – Penal Code Section 653m(a)

 Every person who with intent to annoy, telephones another using obscene language or threat to inflict injury to the person or property of the person address, or any member of his or her family.

Religious Terrorism – Penal Code Section 11412

 With the intent to cause another to refrain from exercising his/her religion or service by a direct threat to inflict an unlawful injury upon any person or property and it reasonably appears that such threat could be carried out.

Stalking and Threatening Death or Great Bodily Injury
Penal Code Section 646.9(a)

 Willfully, maliciously, and repeatedly follows or harasses another person and 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.


LANDLORD/TENANT DISPUTES

Maintenance of Dwelling by Landlord – Civil Code Section 1941.1

A landlord must maintain a rental property in a habitable condition minimally providing, in good working order:
 Water and weather proofing
 Plumbing and gas facilities
 Hot, cold running water and functioning sewage system
 Heating system
 Electrical and lighting system
 Building and grounds clean, sanitary and rodent/vermin free
 Adequate clean rubbish receptacles
 Floors, stairs and railings maintained.

Unlawful Conduct by Landlord

Unlawful Entry to Tenant’s Property
 Trespass – Penal Code Section 602.5
o Every person other than a public officer or employee acting within the course of employment enters or remain in any non-commercial dwelling house, apartment, etc. without consent of owner or agent.
o It is a violation for a landlord to enter the tenant’s premises without permission unless there exists an emergency involving smoke investigation, leaking pipes or similar situations or the tenant has consented to entry at will by the landlord.
 Seizure of Tenant’s Property
o Landlord is prohibited from sizing the tenant’s property in payment for past-due rent. Generally, a landlord may not take possession of a tenant’s property unless pursuant to a court order (CC 1861(a)).
 Changing Locks by Landlord
o Landlord shall not, with the intent to terminate the occupancy under lease, etc., a property used by a tenant as a residence, prevent tenant from gaining reasonable access to property by changing the locks. (CC 789.3(b))

PUBLIC DISTURBANCES

Unlawful Assembly – Penal Code Section 407
 Two or more persons who assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner.

Unlawful Assembly – Officer’s Duty to Disperse – Penal Code Section 726
 Where any number or persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his/her deputies, etc., must command them, in the name of the people of the state, immediately to disperse

Arrest for Refusal to Disperse – Penal Code Section 727
 If the persons assembled do not immediately disperse, Officers must arrest them, and may command the aid of all present.

Disturbing an Assembly – Penal Code Section 403
 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character

Disturbing Professional Sporting Event – Penal Code Section 243.83
 It is unlawful for any person attending a professional sporting event to:
o Throw any object on or across the court or field of play with the intent to interfere with play or distract a player
o Enter the court or field of play without permission from an authorized person

Incitement to Riot – Penal Code Section 404.6
 Every person who, with the intent to cause a riot, does an act or engages in conduct which urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property.

Riot Defined – Penal Code Section 404
 Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot.


REPOSSESSIONS

Repossession is the seizure of goods by the seller when the goods have been sold under a conditional sales contract with the “title remaining with the seller and possession with the buyer.”

Seller’s Right to Repossess

The Seller, under a conditional sales contract, has the right to retake property in the event of a buyer’s default on payment. This type of contract usually contains specific clauses giving the seller the right to repossess. (Civil Code Section 1812.2)
 A notice and hearing are required before a repossession can occur.
 Most sales contracts contain a valid waiver of the hearing
 Many buyers unwittingly sign the hearing waiver.

Buyer’s Rights in Repossession Disputes

Objecting to the Repossession
 The buyer has the right to object to the repossessor taking property.
 The objection must take place before the repossessor has exerted “dominion and control” (possession and title) over the property.
 If the buyer objects, prior to the repossessor exerting dominion and control, and obstructs the repossessor, the repossessor “must discontinue” the process and resort to legal process.
 Objections usually take the form of physically blocking the repossessor, driveway, etc.

Other Parties with Rights to Property
 Buyer’s spouse or other persons entrusted with the property have the same rights as the buyer.
 Third party individuals who have dominion and control with the permission of the buyer have the same rights as the buyer.

Other Personal Property
 If the repossession is complete, but there is other personal property involved, the buyer has the right to retain that property provided the property is not an integral part of the repossessed property.
 The buyer may demand and receive a receipt for any disputed property and has a right to demand and recover or may take civil action.

Property In Commercial Parking Lot or Garage
 If the property is in the possession of an attended commercial parking lot or garage, the repossessor may not repossess and the lot retains possession until redeemed by the buyer.

Persons Who can Legally Repossess (Repossessor)

The following individuals may legally repossess:
 The seller of goods and the full-time employees of the seller not required to be licensed. (Busn. & Prof. Code Section 7522)
 The full-time employees of the finance company which financed the purchase of the goods (no license needed)
 State licensed repossessors must be licensed and carry pocket ID. (Busn.& Prof. Code Section 7532-7533).

The Repossession Process

 Repossessors must conduct themselves in a peaceful manner, may not use force, and cannot violate the law in conducting a repossession.
 A repossession is considered to be complete when the repossessor has exerted “dominion and control” over the property.
 A repossessor may repossess goods from private property, open to the public, such as a driveway or open porch.
 A repossessor may not enter any building or enclosure without permission.
 A repossessor must discontinue the process when the buyer objects and the repossessor has not yet exerted “dominion and control” over the property.
 Example: If the repossessor is removing a vehicle from the private property and the buyer objects prior to entry onto a public street, the repossessor must discontinue the process.
 Example: If a vehicle is being removed from public property, and the repossessor has complete control of the car, the repossession is complete.
 Example: If the buyer has to pursue the repossessor in order to object, the repossession is complete.

Required Notifications:
 The repossessor must notify local police by the most expeditious means available.
 The repossessor must also notify the police in writing within 24 hours of the repossession.