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TYPES OF ASSAULT M. Reid California Criminal Law Concepts Chapter 10 1.

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Presentation on theme: "TYPES OF ASSAULT M. Reid California Criminal Law Concepts Chapter 10 1."— Presentation transcript:

1 TYPES OF ASSAULT M. Reid California Criminal Law Concepts Chapter 10 1

2 ASSAULT AND BATTERY Crimes against Persons The difference between Assault and Battery is the actual “_______” 2 contact

3 240 PC: ASSAULT The "attempted" or threatened battery. The crime of assault is actually complete ______ the offender actually touches the victim 240 PC: Unlawful attempt, coupled with present ______ to commit a violent injury on the person of another 3 before ability

4 242 PC “BATTERY” Battery; Unlawful, unjustified, offensive "________" "The willful and ________ use of force or violence upon the person of another" (Misdemeanor) 4 touching unlawful

5 ASSAULTS (Special Classes) Peace officers, firefighters, emergency medical technicians paramedics, lifeguards, process servers, traffic officers, code enforcement officers, animal control officers, physicians or nurses engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, or a “Highway worker,” (added 2009) and The person committing the offense knows or reasonably should know that the victim is one of the above “protected classes…” 5

6 PC 242 BATTERY The willful and unlawful use of force or violence upon the ______ of another Discussion of various methods of this use of force or violence Touching, Kissing, Spitting, Slapping person 6

7 PC 243: PUNISHMENT FOR BATTERY PC 243(b)includes “protected classes” when engaged in the “performance of their duties” PC 243(e)(1) Includes “Spouses” and “______” or “engagement” relationships Also, increases penalties to felonies if victims are seriously injured Dating

8 PC§ 243.4. SEXUAL BATTERY PC§ 243.4. SEXUAL BATTERY a) Any person who _______ an intimate part of another person while that person is unlawfully _________ by the accused or an accomplice is guilty of sexual battery (Wobbler) Note: In 243.4, one section includes the words “restrain” and the other does not 8 restrained touches

9 SEXUAL BATTERY (continued) SEXUAL BATTERY (continued) and if the touching is against the ___ of the person touched and is for the purpose of: sexual _______, sexual __________, or sexual ______ 9 will arousal gratification abuse

10 SEXUAL BATTERY INCLUDES SEXUAL BATTERY INCLUDES b) a person who is institutionalized for medical treatment and who is seriously ________ or medically incapacitated c) If the victim is unconscious of the nature of the act because the perpetrator __________ represented that the touching served a professional purpose disabled fraudulently 10

11 243.4 PC ( 243.4 PC (Continued) d) while that person is unlawfully restrained either by the accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or medically incapacitated, to masturbate or touch an intimate part of either of those persons or a ____ person third 11

12 WITHOUT “RESTRAINT” REQUIREMENT e) (1) Any person who touches an intimate part of another person, if the touching is against the ____ of the person touched, and is for the specific purpose of sexual ______, sexual gratification, or sexual _____, is guilty of misdemeanor sexual battery will arousal abuse 12

13 “TOUCHING” DEFINED “Touches" means physical contact with another person, whether accomplished _______, through the _______ of the person committing the offense, or through the clothing of the victim 13 directly clothing

14 EXHIBITING DEADLY WEAPONS Includes Replica’s and “Imitation” weapons as well as “real” ones This includes “Air Soft Guns” This doesn’t mean you can’t possess them, you just can’t “threaten” someone with one 14

15 DRAWING, EXHIBITING OR USING FIREARM OR DEADLY WEAPON DRAWING, EXHIBITING OR USING FIREARM OR DEADLY WEAPON PC417(a)(1) a rude, angry or threatening manner, or unlawfully uses the weapon in any fight or quarrel equals Misdemeanor (Not less 30 days) PC417(a)(2)...whether loaded or rude, angry manner, etc., no less than 3 months in jail 15

16 DRAWING, EXHIBITING OR USING FIREARM OR DEADLY WEAPON ( Continued) 417(b)...any fight or quarrel upon day care center, or rec. programs for juveniles. 417(c) the presence of a police officer...loaded or not, equals 1 yr. prison - Wobbler Includes in presence of reserve officer 16

17 417.3 PC DRAWING OR EXHIBITING FIREARM IN PRESENCE OF VEHICLE OCCUPANT Presence of ANY other person who is an occupant of a vehicle On any street/highway Draws or exhibits ANY firearm... (Except in self defense) In a “__________ manner" To cause a reasonable person "apprehension" or "fear" of GBI FELONY 17 threatening

18 DRAWING OR EXHIBITING A REPLICA / IMITATION FIREARM 417.4 PC Drawing or exhibits an imitation firearm in a threatening manner to cause apprehension or fear of great bodily injury Imitation or replica; so substantially ______ to real firearm would lead a reasonable person to believe it was real 18 similar

19 417.6 PC INFLICTING INJURY Serious Bodily Injury Includes: Loss of ___________, concussion, broken bones Protracted loss or impairment of bodily functions/organs Wound requiring extensive suturing Serious ___________ 19 consciousness disfigurement

20 417.8 PC DRAWING OR EXHIBITING A WEAPON TO AVOID ARREST Drawing or exhibiting any firearm loaded or unloaded Or any ______ WEAPON With the ______ to resist or prevent the arrest or detention of himself/or others, by a peace officer 20 deadly intent

21 PC§ 245 ASSAULT WITH DEADLY WEAPON: OTHER THAN A FIREARM a)(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of _____ likely to produce great bodily injury 21 force

22 PC 245 WITH FIREARMS PC 245 WITH FIREARMS 2) Any person who commits an assault upon the person of another with a firearm 3. …a machinegun or an _______ weapon Or with a _____________ firearm assault semi-automatic 22

23 ADDITIONAL ASSAULT / BATTERY SECTIONS ADDITIONAL ASSAULT / BATTERY SECTIONS Includes assault against: Police, Paramedics, other emergency personnel Custodial Officers Transit Employees School Employees Highway Workers (Added: 2009) 23

24 PC 245.6 HAZING Any method of initiation or pre-initiation into a student organization… Likely to cause serious bodily injury If the hazing results in death or serious bodily injury may be charged as a felony Victim may also sue for civil damages 24

25 PC§ 244 Any person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive ____, flammable substance, or caustic chemical of any nature, with the intent to injure the flesh or ________ the body of that person 25 acid disfigure

26 PC 244.5 ASSAULT WITH STUN GUN OR TASER Note: Stun Gun means any weapon (excluding “Less Lethal Weapons”) Used as an offensive or defensive weapon That is capable of: __________ ___________ a person by the infliction of an electrical charge Also includes “Protected classes” - against police, etc. Temporarilyimmobilizing 26

27 POISONING, DRINKS, ETC. POISONING FOOD, DRINKS, ETC. PC 347: “mingles” any poison or harmful substance with any food, drink, medicine, or pharmaceutical product, or who willfully places any poison or harmful substance in any spring, well, reservoir, or public water supply 27

28 PC 347 (Continued) (b) Maliciously informs any other person that a poison or other harmful substance has been or will be… placed in any food, drink, medicine, pharmaceutical product, or public water supply, knowing that such report is false 28

29 THROWING OBJECTS/SHOOTING CVC 23110 Throwing Substances at Vehicles PC 247 Shooting at aircraft PC 247.5 Pointing lasers at aircraft PC 248 Lights as interference with aircraft PC 246.3 Shooting negligently PC 219.2 Shooting at common carriers PC 246/247 Shooting at inhabited & unoccupied places 29

30 PC 220 Assaulting another with ______ to commit: _______ _____ _______ Oral copulation, or… any violation of Section 264.1, 288 or 289 intent Mayhem Rape Sodomy 30

31 ADMINISTERING STUPEFYING DRUGS PC 222; Administering Controlled Substances or Anesthetic to Aid Felony. Includes: Chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating agent, With ______ thereby to enable or assist himself or herself or any other person to commit a felony, is guilty of a felony 31 intent

32 MAYHEM – OTHER STATUTES PC 203 Mayhem PC 205 Aggravated Mayhem PC 206 _______ PC§ 147. Inhumane Treatment or oppression of ________ PC§ 149. Assault and Battery by Officer Under _____ of Authority 32 Torture prisoners color

33 203 PC MAYHEM Unlawfully, maliciously ________ a person of a _______ of his body, disables, disfigures, or renders it ______, or Cuts, disables the tongue, or puts out an eye, or ____ the nose, ear or lip Punishment; up to 8 yrs. prison 204 PC 33 deprives member useless Slits

34 ABANDONMENT OF ASSAULT Essentially, just because someone stops in their “assault” and does not complete the act of “battery,” is not an “abandonment” of the assault itself 34

35 ASSAULTS – JUSTIFICATIONS AND EXCUSE Legal Justification for an assault Self defense Defense of others Effecting an arrest 35

36 DOMESTIC VIOLENCE PC 273.5 Inflicting injury on spouse or _________ PC 273.6, 273,65: Violations of protective orders PC 273a Endangering Life of a Child 36 cohabitant

37 DOMESTIC VIOLENCE (Continued) DOMESTIC VIOLENCE (Continued) PC 273a: Child Abuse or Endangerment PC 273ab: Assault on a Child Under __ years - force likely to cause death or great bodily injury. PC 273d Cruel or _________ punishment of a child 8 inhumane 37

38 PC 273i (Added for 2009) PC 273i (Added for 2009) PC 273i; Publishing information describing or depicting a child, ___ or younger, Their location…by use of ____ medium So that the child may be found by another for committing a crime against the child… (Misdemeanor) 14 any 38

39 PC 273.4 Female Genital _________ Can include felony violations of PC 273a. Child Abuse or Endangerment When performed for “non- medical” purposes. mutilation 39

40 MANDATORY REPORTING PC 11166 Mandating Reporting If….the person has knowledge of, observes, or __________ suspects a child has been the victim of child abuse or ______ Reasonably neglect 40

41 PC 11166.05 MENTAL SUFFERING Mandated reporting includes “reasonable” suspicion of a child suffering serious _________ damage Evidenced by: Severe Anxiety Depression Withdrawal Untoward aggressive behavior emotional 41

42 VICTIMS OF VIOLENT CRIME STATUTORY REQUIREMENTS Officers required to inform victims Damages and restitution California’s Victim Compensation 42

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