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TYPES OF ASSAULT

TYPES OF ASSAULT. M. Reid California Criminal Law Concepts Chapter 10. ASSAULT AND BATTERY. Crimes against Persons The difference between Assault and Battery is the actual “_______”. contact. 240 PC: ASSAULT.

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TYPES OF ASSAULT

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

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

  3. 240 PC: ASSAULT • The "attempted" or threatenedbattery. 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 before ability

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

  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

  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 • 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 touches restrained

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

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

  11. 243.4 PC (Continued) • 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

  12. WITHOUT “RESTRAINT” REQUIREMENT • (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

  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 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

  15. DRAWING, EXHIBITING OR USING FIREARM OR DEADLY WEAPON • PC417(a)(1) ...in 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 unloaded...in rude, angry manner, etc., no less than 3 months in jail

  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)...in the presence of a police officer...loaded or not, equals 1 yr. prison - Wobbler • Includes in presence of reserve officer

  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 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 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 ___________ 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 deadly intent

  21. PC§ 245 ASSAULT WITH DEADLY WEAPON: OTHER THAN A FIREARM • (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 force

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

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

  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

  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 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. Temporarily immobilizing

  27. 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

  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

  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

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

  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 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 Torture prisoners color

  33. 203 PC MAYHEM • Unlawfully, maliciously ________ a person ofa _______ 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 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

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

  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 cohabitant

  37. 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

  38. 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

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

  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

  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

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

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