RBC 2 (LD 6-10)

PC 484 — Theft (LD 06)

WOBBLER (based on value or type of property stolen)

• Grand Theft (value is >$950)

  • agricultural/aquacultural products >$250, Property taken over 12 consecutive months totaling $950 or more, property taken from person of another, certain designated livestock, motor vehicles, firearms (regardless of value)

Elements

- The taking and

- Carrying away of

- Personal property of another

- Without consent

- With intent to permanently deprive the owner

• Intent must exist at the time of taking

10851 VC — Vehicle Theft (LD 06)

FELONY

- The driving or taking of

- A vehicle not the person’s own

- Without consent

- With intent to temporarily or permanently deprive the owner

• If intent is strictly to permanently deprive — can charge as grand theft

- Of title or possession of such vehicle

Noncriminal explanations for missing vehicles

• “borrowed” by family member w/o permission of owners

• used by another and owner forgot that they gave permission

• taken in conjunction with domestic dispute

• repossessed without warning

• in storage/impounded

  • misplaced

PC 537 — Defrauding an Innkeeper (LD 06)

Wobbler — felony is value of service is >$950

- The obtaining of

- Food, services, or accommodations

- At a designated facility without paying

- With intent to defraud the proprietor or manager

Designated Facility — hotel/inn/motel, restaurant, boarding house, lodging house, apartment house, bungalow court, marina/marine facility, auto camp, public/private campground

PC 459 — Burglary

Felony

- Any person who enters

• Entry does not have to be forced, can happen at any time. Breaking the plane of the door is sufficient

- Building or specified structure (inhabited)

• Specified structure examples —> house, room, apt, tenement, shop, warehouse, store, tent/vessel designed for habitation

- With the intent to commit

• Intent must exist at moment the building/room is entered

- A theft or felony

459 Auto

• Burglary of auto occurs at moment entry is made

• Vehicle must be locked so that entry is forced

  • If it’s unlocked and item is taken —> just theft

PC 459.5 — Shoplifting (LD 06)

Misdemeanor

- The entry to a commercial establishment

- With the intent to commit larceny

- During regular business hours

- The value of the property to be taken or intended to be does not exceed $950

PC 466 — Possession of Burglary Tools (LD 06)

Misdemeanor

- Every person having possession of

- An instrument or tool with the intent

- To break into any building, railroad car, aircraft, vessel, trailer coach or vehicle

- Knowingly make or alter key or other instrument\

Specific Tools- — crowbar, screwdriver, vise grip pliers, slim jim, pick lock, key bit, ninja rocks

PC 537e —Possessing or Receiving Personal Property with Altered Serial Numbers or Identification Marks (LD 06)

Misdemeanor (unless item is an integrated computer chip/panel with value >$950)

- Any person who knowingly buys, sells, receives, disposes of, conceals, or has in possession

- Any personal property

- From which the manufacture’s serial number or any other distinguishing number or

identification mark has been removed, defaced, covered, altered or destroyed

PC 496(a) — Receiving Stolen Property (LD 06)

Wobbler (if value is >$950 —> Felony)

- Every person who knowingly

- Buys, receives, conceals, sells, withholds, or

- Aids in concealing, selling, or withholding

- Any property obtained by theft or extortion

PC 470 — Forgery (LD 06)

Wobbler (if value >$950 — Felony)

- Every person who

- With the intent to defraud

- Knowing he/she has no authority to do so

- Signs the name of another person or fictitious person

Appropriate Peace Officer Actions when Taking Report of PC 459 or Other Similar Property Crimes (LD 06)

Details tending to demonstrate method of operation such as, day of the week and time of day. Type and location of the premises involved. Location of and method of entry. Arrival and departure method such as bike, car etc. Number of suspects, unusual actions by suspect(s) during crime. Type of property taken. Find out concrete “who, what, when, where why and how”.

Information that Should be Obatined when Interviewing Victim of or Witness to Burglary (LD 06)

❖ Obtain a detailed description of each item taken (serial numbers etc.)

❖ Determine who was last seen at the property and everyone who may have had access

❖ Identify a time period in which the burglary may have occurred

❖ Ask if the property was insured, and if so, for how much

❖ Ask for names of persons the victim may consider to be possible suspects

❖ Canvass the area for possible witnesses (neighbors, children, work crews etc.)

❖ Identify other possible sources of information

❖ Determine if witnesses:

- Observed any strangers in the area

- Saw any vehicles in the area that did not belong

- Were aware of anyone ringing doorbells or attempting to solicit anything in the area

- Heard any loud or unusual noises

- Know of previous burglary incidents

PC 451 — Arson

Felony

- Willfully and maliciously

- Sets fire to or burns or causes to be burned or

- Aids, counsels, or procures the burning of

- Any structure, forestland, or property

PC 452 — Unlawfully Causing a Fire

Felony

- Any person who recklessly sets fire to or burns or causes to be burned,

- Any structure, forestland, or property

PC 453(a) — Possession of Flammable or Combustible Material (LD 06)

Felony

- Possession or manufacture or disposal of a flammable or combustible material or substance,

or any incendiary device in an arrangement or preparation

- With intent to willfully and maliciously use such material, substance, or device1

- To set fire to or burn any structure, forestland or property

PC 602.5 — Unauthorized Entry of Property (LD 06)

Misdemeanor

- Any person, other than a public officer or employee acting within the course and scope of employment

- Who enters or remains

- In a non-commercial dwelling house, apartment, or other such place

- Without consent of the owner, owner’s agent, or person in lawful possession

PC 602(m) — Trespassing (entering & occupying real property) (LD 06)

Misdemeanor

- Any person who enters and occupies

- Real property or structures of any kind

- Without consent of the owner, the owner’s agent, or the person in lawful possession

PC 602(k) — Trespassing (entering land) (LD 06)

Misdemeanor

- any person who enters any land, whether unenclosed or enclosed by fence

- for the purpose of injuring any property or property rights or

- with the intention of interfering with, obsturcting, or injuring any lawful business or occupation

- carried on by the owner of the land, the owner’s agent, or by the person in lawful possesion

PC 594 — Vandalism (LD 06)

Wobbler (damage <$400 — Misdemeanor, damage >$400 — Felony, two prior convictions for vandamism and has served jail time for one vandalism conviction — Felony)

- Malicious intent

- to deface with graffiti or other inscribed material

- Damages or

- destroys

- personal or real property not their own

Unlawful Conduct in Landlord/Tenate Dispute (LD 06)

By Landlord:

• Tenant Lockout — PC 418 — Misdemeanor

• Seizure of Tenant’s Property — PC 418 — Misdemeanor

• Removal of doors and windows — PC 594 — Misdemeanor

• Trespass — PC 602.5 — Misdemeanor

• Unlawful interruption of utility services

  • Telephone lines — PC 591 — FELONY

  • Electric lines — PC 593 — FELONY

  • Gas/.hazard liquid pipelines — PC 593(c) — FELONY

  • Turning off the water — PC 624 — Misdemeanor

By Tenant:

• Repossession of land after legal eviction — PC 419 — Misdemeanor

• Burglary — PC 459 — FELONY

• Unauthorized entry — PC 602.5 — Misdemeanor

• Theft — PC 484 — Misdemeanor

• Vandalism — PC 594 — Wobbler

Lawful Respossession (LD 06)

Repossession — seller, full time employee of seller, or licensed repossessor, recovers or takes back with complete control ,goods taht were sold under conditional sales contact when buyer fails to pay for them

- Repossession must have gained dominion and control of goods to complete repossession

PC 647(a) — Lewd Conduct (LD 08)

Misdemeanor

- Any person who solicits or engages

- In lewd conduct

• Lewd = touching/soliciting someone to touch genitals, buttocks, or female breasts with intent to sexually arouse, gratify, annoy, or offend

- In a public place

- Or a place open to public view

PC 647(j)(1) — Invasion of Privacy (LD 08)

Misdemeanor

- Looking through

- A hole or opening, or

- Otherwise viewed by means of any instrumentality into a private area

- with the intent to invade the privacy of people therein

** (j) —> Micheal J. Fox in Back to the Future

PC 647(b) — Prostitution (LD 08)

Misdemeanor

- Any person who solicits

- Agrees to engage in, engages in

- Any act of prostitution, or

- Some act is agreed to and done in the furtherance of prostitution

PC 266h — Pimping | PC 266i — Pandering | PC 653.22(a) — Loitering with intent to commit prostitution (LD 08)

Pimping — Felony

- Any person who, knowing another person is a prostitute

- Lives or derives support or maintenance in whole or in part,

- From the earnings or proceeds of the person’s prostitution

Pandering — Felony

- Procures another person for the purpose of prostitution

Lotering with Intent to commit prostitution — Misdemeanor

- unlawful for any person to loiter

- in any public place

- with intent to commit prostitution

PC 647(d) — Lotiering about a Public Toilet (LD 08)

Misdemeanor

- Loitering in or about

- Any toilet facility

- open to the public

- For the purpose of soliciting or engaging in

- A lewd or lascivious or unlawful act

** (d) for dudes —> only dudes commit this crime

PC 647(f) — Public Intoxication (LD 08)

Misdemeanor

- Any person in a public place

- Under the influence of alcohol or drugs, and who

- Is unable to care for his or her own safety or the safety of others or

- Is obstructing a public way

** No field sobreity/chemical test required

Options

• PC 647(g) — if reaosnable, take intoxicated person to sobering center

PC 647(h) — Prowling (LD 08)

Misdemeanor

- Any person who loiters, prowls, or wanders

- On private property of another, at any time

- Without visible or lawful business with the owner or occupant

** usually prevents property crimes

PC 647(i) — Peeping (LD 08)

Misdemeanor

- Loitering, prowling, or wandering

- On the private property of another, at any time

- Peeking in the door or window of any inhabited building or structure

- Without visible or lawful business with the owner or occupant

** usually prevents property crimes

Peeping = prowling + looking in window/door of inhabited structure

PC 415 — Disturbing the Peace — 3 Subsections (LD 08)

ALL MISDEMEANORS

415(1) — Unlawful Fighting

- Unlawfully fighting or challenging to fight

- In a public place or place open to public view or access

415(2) — Loud and Unreasonable Noise

- Willfully and maliciously

- Disturbing another person

- By loud and unreasonable noise

** consider unreasonableness based on time, place, and manner

415(3) — Using Offensive Words

- Using offensive words in a public place

- Which are inherently likely to provoke an immediate violent reaction

** Consider 1st Amend. protections

** Shouting intended to express ideas = “communication” —> Protected Speech

** Report must illustrate circumstances, including what did or did not happen as a result of “offensive words”

PC 647c — Obstruction of Public Way (LD 08)

Misdemeanor

- Any person who willfully and maliciously

- Obstructs the free movement of any person

- On any public way

PC 242 — Battery (LD 07)

Misdemeanor

- Any willful and unlawful

- Use of force or violence

• REQUIRES PHYSICAL CONTACT

- Upon the person of another

**contains the lesser crime of assault

PC 243(b) — Battery on Peace Officer — Misdemeanor

PC 243(c)(1) — Battery upon Specified Person with treatable injury — FELONY

PC 243(d) — Battery causing/inflicting SBI — FELONY

• SBI = concussion, loss of consciousness, bone fracture, extensive suturing, serious disfigurement

PC 245 — Assault with a Deadly Weapon or by Means of Force (LD 07)

Felony

- Unlawful attempt, and

- the present ability

- to commit a violent injury

- upon the person of another

- by use of a deadly weapon

- or force likely to produce great bodily injury

** any physical force is sufficient if capable of producing GBI

245(a)(2) — assault w/ firearm — FELONY

245(c) — assault w/ other than firearm on peace officer — FELONY

245(d) — assault w/ firearm upon peace officer or firefighter — FELONY

244 — assault with caustic chemicals

244.5 — assault with stun gun/taser — Wobbler

PC 368 — Elder/Dependent Adult Abuse (LD 07)

Wobbler

• Any person who knows/should know that person is elder/dep. adult and circumstances likely to cause death/GBI permits elder to suffer/get injured/be endangered — FELONY

• Any person who knows/should know that person is elder/dep. adult and circumstances OTHER THAN THOSE likely to cause death/GBI permits elder to suffer/get injured/be endangered — Misdemeanor

• Embezzlement of elder/dep. adult property — Wobbler (if >$950 —> felony)

• False imprisonment of elder/dep. adult by use of violence, menace, fraud, or deceit — FELONY

Elements

- Any person who willfully cause or permits an elder or dependent adult to suffer or inflicts

unjustifiable physical pain or mental suffering

- Willfully causes or permits the elder or dependent adult to be injured or endangered

- Violates any provision of law proscribing theft or embezzlement to the property of that elder

or dependent adult

PC 207 — Kidnapping (LD 07)

Felony

- Unlawful taking of a person

- Against his or her will

- by force or fear

** force can be physical or orders that victim feels compelled to obey

- from one place to another

** movement must be of substantial distance that exposes victim to additional danger

PC 236 — False Imprisonment (LD 07)

Wobbler

• False imprisonment by means of violence, menace, fraud, or deceit — Felony

Elements

- Unlawful violation

- Of the personal liberty

- Of another

**can be accomplished by restraining, confining, detaining, or compellign someone to stay/go somewhere without their consent

PC 278 — Child Abduction without Custodial Right (LD 07)

Felony

- Every person not having the right of custody, who

- Maliciously takes, entices away, keeps, withholds, or conceals

- Any minor child

- With the intent to detain or conceal

- From a person having lawful custody

** Good Samaritan Exception — not a crime to detain/conceal child if person doing so is acting under good cause

PC 278.5 — Child Abduction with Custodial Right (LD 07)

Felony

- Every person who entices away, keeps, withholds, or conceals

- With intent to deprive

- The other person of his/her right to custody or visitation]

** Good Samaritan Exception still applies

PC 211 — Robbery (LD 07)

Felony

- Taking of personal property of another

- From the person, or immediate presence

- Against the person’s will

- Accomplished by means of force or fear

** reasonable apprehension of danger is required

• fear of unlawful injury to person/proeprty of person robbed, or any relative/member of their family

• fear of an immediate and unlawful injuryt to person/property of anyone in the company of the person robbed

PC 215 — Car Jacking (LD 07)

Felony

- taking of a motor vehicle

- from the person or immediate presence

- of a possessor or passenger

- By means of force or fear

- with the intent to either, permanently or temporarily deprive possessor or passenger

**crime completed once subject has dominion and control over vehicle

** PC 209.5 — Kidnapping while committing carjacking — FELONY

PC 187 — Murder (LD 07)

Felony

- The unlawful killing of a human being or fetus

- With malice aforethought

• Malice aforethought (expressed or implied)

  • Expressed — intent to kill

  • Implied — not intending to kill but manifests conscious disregard for life (killing results from intentional act where person is aware of danger and consequences but proceeds anyway)

PC 189 — Felony Murder Rule

• Implied malice aforethought if killing occurs during commission of any of the following crimes:

  • arson, robbery, burglary, mayhem, train wrecking, rape, carjacking, kidnapping, drive by shooting

PC 192 — Manslaughter (Voluntary) (LD 07)

Felony

- The unlawful killing of a human being without malice

- Upon a sudden quarrel or heat of passion

** Heat of passion — blidning rage that clouds judgment and person acts rashly without deliberation

PC 192(b) — Involuntary Manslaughter (LD 07)

Felony

- In the commission of an unlawful act not amounting to a felony or

- In the commission of a lawful act which might produce death in an unlawful manner, or

- Without caution and circumspection (i.e. lack of care)

Vehicular Manslaughter

191.5 (a) — gross negligence while intoxicated — FELONY

192(c)(1) — gross negligence while not intoxicated — FELONY

192(c)(3) — ordinary negligence while intoxicated — FELONY

192(c)(2) — ordinary negligence while not intoxicated — Misdemeanor

Info to be Obtained/Documented when conducting investigation involving death of Child (LD 07)

Manner of Death:

• Accidental (falls, drowning, suffocation/choking)

• Natural/undetermined (congenital malformation/defect unknown to parents that results in death, illness/disease, SIDS/other medical condition, traumatic birth injuries brought on by forces of labor/delivery)

• Homicide (Murder w/ malice aforethought, manslaughter involving child abuse/neglect)

Death Investigation Documentation

• Child Info (name, DOB, ethinicity, gender, medical conditions, chronic illness/injuries, medications, vaccinations, recent/past history of abuse/falls, name of Child’s DR., medical history

• Death Scene (location where child found, position of child when found, apperance, sign/indication of abuse, description of immediate area and overall residence, approximate temperature of room/area where child found)

• Circumstances (exact time child last seen alive, time found unresposnvie, time child put down to rest, nature/relationship of person who found child, resuscitation events by whom and how long

• Other individuals (name, address, phone number of parents/caregivers, behavior of individuals present)

Indicators of Sudden Infant Death Syndrome (SIDS) (LD 07)

• SIDS infant generally:

  • Under 1 year of age

  • Appearaed to have been healthy prior to death

  • Died during period of sleep

  • had no visible signs of trauma or injury at time of death

Appropriate actions for responding officers interacting with parents/caregiver involved in SIDS incident (LD 07)

Responding officers should always be compassionate and reassure parents and caregivers:

❖ There was nothing a parent, caregiver, or even physician could have done to predict or prevent

the child’s death

❖ SIDS is not contagious to other children

❖ Death occurs quickly and quietly

PC 273 — Child Harm, Injury, or Endangerment (LD 09)

Elements:

- Any person

- willfully causing/permitting any child to suffer OR

- inflicting unjustifiable physical pain or mental suffering

- having the care/custody of any child, and

- Willfully causing/permitting that child to be placed in such a situation that his/her person or health is endangered

Wobbler

PC 273a(a) — Circumstances/conditions likely to produce GBI or death to child — FELONY

PC 273a(b) — Circumstnaces/conditions OTHER THAN THOSE likely to produce GBI or death to child — Misdemeanor

PC 273ab — Assault on child < 8 years old which results in death — FELONY

PC 273d(a) — Corporal Punishment or Injury of Child (LD 09)

Felony

Elements:

- Any person

- who willfully inflicts upon any child,

- Any cruel or inhuman, corporal punishment or an injury,

- Resulting in a traumatic condition

PC 288 — Lewd or Lascivious Acts with a Child (LD 09)

FELONY

- Any person

- who willfully committing any lewd or lascivious act,

- Upon or with the body of a child

- with the Intent of arousing, appealing, gratifying lust, passions or sexual desires or those of the child, when

- the child is under 14 (PC 288(a) OR

- child is 14 or 15 and suspect is 10 or more years older than victim (PC 288(c)(1)

**TOUCHING REQUIRED

PC 647.6 — Annoying or Molesting Children (LD 09)

Elements

- Any person

- who annoys or molests

- Any child under the age of 18 years of age

TOUCHING NOT REQUIRED, BUT CAN BE A PART OF THE CRIME

Wobbler

• Felony

  • Subject commits act after entering inhabited house/dwelling without consent — PC 647.6(b)

  • Arrest with prior conviction of 647.6

  • Subject commits act and has prior 288 or 311.4 conviction

PC 311.11 — Possession of Child Pornography (LD 09)

FELONY

- Knowingly possesses, or

- Controls any matter,

- Showing a child under the age of 18 years,

- Engaging in or simulating sexual conduct

**MUST BE ABLE TO PROVE CHILD IS UNDER 18 YEARS OLD

PC 311.1(a) — Manufacturing/distributing child pornography — FELONY

PC 261.5 — Unlawful Sexual Intercourse (LD 09)

- Sexual intercourse,

- With a minor under the age of 18,

- Who is not the spouse of the perpetrator

WOBBLER

• Age difference less than 3yrs — Misdemeanor

• Age difference greater than 3yrs — FELONY

PC 11166 — Mandated Reporters (LD 09)

- PC11166 Mandates that certain professional occupations are required to report suspected child abuse to the proper authorities listed below:

• PC 11166(b) — FAILURE TO REPORT SUSPECTED CHILD ABUSE — Misdemeanor

- Childcare custodians (including teachers and peace officers)

• social workers, probation/parole officers as well

- Health practitioners (medical and non-medical)

• psychiatrist, psychologist, dentist, intern, podiatrist, chiropractor, RN, optometrist, etc.

- Employees of child protective agents

- Firefighters

- Clergy (except when in confessional)

- Animal control officers

- Human society officers, and

- Commercial film processors

Law Enforcement Reporting Requirements for Child Abuse (LD 09)

• Immediately or ASAP call child protective agency

• Written report shall be prepared and sent to child protective agency within 36 hours

  • Report is made even if child died

• For cross reporting, county probation/welfare agency shall immediately or ASAP call child protective agency and DA’s office about suspected incidents of child abuse

Required Documentation when Investigating Crimes Against Children (LD 09)

Telephone Report:

• name/age of child

• name of report

• location of child

• nature/extent of injuries

• current condition of child

• facts which lead to reasonable suspicion that abuse occurred

Written Report:

• All parts of telephone report PLUS:

  • Condition of child when abuse wqas reported

  • Relationship to suspected abuser

  • Nature of suspected abuse

  • History of previous abuse

Maintaining Confidentiality of Reporting Party for Crimes against Children (LD 09)

PC 11167 — identity of reporting party shall be confidential and only the following will know of reporter’s identity:

• child protective agency investigating case

• counsel representing child protective agency

• DA in criminal prosecution

• Licensing agency when abuse in out-of-home care suspected

• others pursuant to court order

PC 11167.5 — FAILURE TO MAINTAIN CONFIDENTIALITY — Misdemeanor

Warrantless Entry to Protect Minors (LD 09)

• Officer may only enter WITHOUT WARRANT if valid consent obtained from occupant OR if exigent circumstances exist:

  • Imminent danger to person’s life/safety

  • Serious damage to property

  • Imminent escape of suspect

  • Evidence is about to be destroyed/removed

** reasonable suspicion that minor is presently endangered is ONE TYPE of exigent circumstance

PC 11165.6 — Statutory Definition of Child Abuse (LD 09)

Statutory definition under PC11165.6 defines child abuse as:

❖ A physical injury

❖ Which is inflicted by other than accidental means

❖ On a child

❖ By another person

The statue further expands this definition to include other acts, such as:

❖ Sexual abuse of a child,

❖ Neglect,

❖ Willful cruelty or unjustifiable punishment of a child,

❖ Unlawful corporal punishment or injury, or

❖ Neglect or abuse in out-of-home care

Physical & Behavioral Indicators of Physical Child Abuse (LD 09)

BEHAVIORAL: Easily frightened or fearful, wary of adult contacts, fear of going home, vacant or frozen stare, aggressive behavior towards other children/animals/toys,frequently absent from school

PHYSICAL: Unexplained injures like bruising, welts, abrasions or lacerations on surfaces like face, lips/mouth, back, thighs, genitals. Unexplained burns caused by cigars, cigarettes, iron or some other hot object on soles of feet, palms or back of hands, back or buttocks. Fractures to long bones or skull, internal from blunt force blows

Physical & Behavioral Indicators of Physical Neglect of Child (LD 09)

BEHAVIORAL: Depression, withdrawal, apathy, antisocial or destructive behavior, constant fatigue, exaggerated fearfulness, seeking of excessive attention and/or affection. Delayed emotional or mental development

PHYSICAL: Hunger/malnutrition, poor personal hygiene or inadequate dress for weather conditions. Chronic fatigue, poor or slowed growth. Delinquency or chronic tardiness or absence from school. Delayed physical development

Physical & Behavioral Indicators of Mental Suffering (LD 09)

BEHAVIORAL: Poor self-esteem, anti-social behavior, depression, withdrawal, abnormally unresponsive and/or sad or withdrawn. Acting inappropriately adult or infantile. Obvious delinquent behavior (drug abuse, vandalism etc.)

PHYSICAL: Frail, shallow, empty facial expressions, eating disorders. Inability to perform normal learned functions for given age. Eating disorders

Physical & Behavioral Indicators of Sexual Child Abuse (LD 09)

BEHAVIORAL: Age-inappropriate understanding of sexual behavior. Compulsive indiscreet masturbation. Excessive curiosity about sexual matters or genitalia. Frightened of parents/caregiver/going home. Bed wetting, phobias, compulsive, sleep/speech disorders, withdrawal, fatigue, poor relations and social skills. Self-conscious about one’s body

PHYSICAL: Torn, stained or bloody underclothing. Scars, injuries or irritations in vaginal, anal or external genitalia areas. Pain upon urination or defecation. Difficulty in walking or standing due to genital or anal pain. Discharge, infection, bite marks. STDs

Interviewing Child Abuse Victim (LD 09)

When interviewing a child victim of abuse, officers should always:

❖ Maintain control of the interview conditions/environment

❖ Take the time to build rapport and gain the child’s confidence

❖ Use communication techniques that are appropriate for the child’s age/maturity

❖ Gather information regarding who/what/where/when and how many

❖ Conclude the interview by explaining what will happen next

PC 261 — Rape

FELONY

• Act of sexual intercourse (penetration, however slight)

• without consent of the person

PC 286 — Sodomy

FELONY

• Sexual penetration, however slight, of

• the anus of one person

• by the penis of another person

• under conditions outlined in the chart at the end of this section

  • Child is a minor

  • Accomplished against victim’s will by means of force, violence, etc.

  • Threatening to retaliate

  • in concert

  • Unconscious/incapacitated/intoxicated

PC 287 — Oral Copulation

FELONY

- The act of copulating (coupling/uniting two things) the mouth of one person

- With the sex organ or anus of another person

- Without the consent of the victim

** skin-to-skin contact required

PC 289 — Penetration with a Foreign Object

Felony

- 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 persons will or causes another person to penetrate

- Under the conditions outlined in the chart at the end of this section

• Conditions similar to ones listed for sodomy and oral copulation

PC 220 - Assault with Intent to commit Rape and other Specified Crimes

FELONY

- Assault

- with specific intent

- To commit mayhem, rape, sodomy, oral copulation, rape in concert, lewd acts with a child, or penetration with foreign object

PC 243.4 — Sexual Battery

Elements

- The victim’s or person’s intimate part is touched

- Without consent of the victim, and

- With specific intent to achieve sexual arousal, sexual gratification, or sexual abuse

Wobbler

• Felony — victim must be unlawfully restrained and intimate part (victim or suspect) must be touched (i.e. physical contact either directly or through clothing of person committing offense)

• Misdemeanor — direct touching of skin of victim/suspect not required

PC 314 — Indecent Exposure

Elements

- Every person who willfully and lewdly,

- Exposes their private parts where there are other present to be offended

Wobbler

• Felony

  • Prior conviction of 288 or 314

  • When suspect enters inhabited dwelling without consent and exposes themselves

• Misdemeanor for all other circumstances

Assessing Victim’s Physical State in order to make them Comfortable and Secure Necessary Medical Attention

• If the victim is unconscious or injured:

  • Secure transportation to acute care facility

  • Perform first aid required to stabilize until emergency personnel arrive

• If the victim states they are in no pain/injuries that required immediate attention and crime occurred within 120 hours or longer depending on circumstances:

  • Make victims as comfortable as possible

  • Get a preliminary statement

  • Make sure victims are transported to a medical facility

  • Preserve potential sources of evidence

• If the victim has special needs related to age/physical or developmental condition:

  • Assess specific needs and tend to these before taking a statement

Even if the victim has no apparent injuries and denies needing medical attention, peace officers must explain the necessity for a medical/legal (SART) exam. This exam is necessary for the well being of the victim and to collect evidence required to make a case against the subject. The exam should be conducted if the sexual assault occurred with 120 hours or longer depending on circumstances.

Common Emotional/Physical Reactions Victim experience and Pressures Associated with reporting a Sex Crime

• Possible Emotional Reactions

  • Fear, shame, embarrassment, guilt, depression, shock, anger/betrayal, feeling of being dirty, self-blame, hopelessness, anxiousness

• Possible Manifestations of Emotional Reactions

  • Delayed reporting, lack of apparent response, denial that the crime occurred. Loss of control or ability to make decisions. Acting protectively towards suspect. Extreme/inappropriate response (shouting, physically expressing anger or pain, or laughter). Adding or leaving out key information

Peace Officer’s Own Emotional/Attitudinal Reaction to Sex Crime

• Be aware of how own preconceptions and expereinces can give biased views

  • REMAIN OBJECTIVE, show compassion and prefessionalism

• Avoid anger, overreaction, overzealousness, apathy, excessive sympathy, personalization

Setting Positive Tone for Victim Interview

• Use everyday terminology (avoid police jargon)

• Be aware of body language (assure victim that officer is concerned but stay calm/confident)

• Be aware of language they use (convey compassion)

• Be aware of demeanor (communicate that officer is professional and comfortable with talking about subject)

Questions to ask Victim during Interview

❖ What is the appearance of the suspect if they are not known

❖ What is the relationship to the victim (stranger, acquaintances, dating, married, relatives etc.)

❖ Who did the victim first tell about the assault

❖ Is the victim sexually active (when was the last time sexually active prior to assault)

❖ Did the suspect take anything belonging to the victim, or is anything missing

❖ Did the suspect wear a condom

❖ Did they suspect ejaculate

❖ Was there any threats made (what was said)

❖ Was there any tools, weapons, or other objects used

Where and when did crime occur?

Whom did victim first tell about assault?

Medical/Legal (SART) Exam Purpose

The purpose of a medical/legal examination is to collect, preserve and document evidence. It should be conducted if the sexual assault occurred within 120 hours or longer depending on the circumstances.

Forensic exam may help:

❖ Determine if there are physical signs of injuries

❖ Document the type and location of injuries

❖ Determine if there is evidence of recent sexual activity

❖ Determine if the physical findings are consistent with the time frame and victims statement

Victim’s Rights

PC 264.2 — Victim has right to ahve sexual assault victim counselor and at least one other support person present at any medical/physical exam

PC 679.04(a) and PC 679.04(b)(1) — allows victim to have victim advocates and support person present at any interivews (suport person may be excluded if they would be deterimental to interview)

PC 264.2(b)(4) — support person can exclude person from medical exam if detrimental to exam)

PC

Evidence to be Collected at Sex Crime Scen, Victim, and Suspect

• From Scene:

  • Discarded items/articles, contraceptives & packaging, bindings/other restraints, fingerprints, hair & debris, lubricants, bedding/clothing/towels, biological fluids

• From victim/suspect:

  • medical/legal exam, fingerprints, DNA samples, blood sample for alcohol/drug screening, trace/biological evidence, clothing

• Additional evidence:

  • items believed to have been taken by suspect

  • electronic evidence

Services available to Sexual Assault Victims

PC 264.2(a) — peace office required to provide victims iwth “Victims of Domestic Violence:” brochure OR agency’s card developed for sexual assault victims

Rape Crisis Centers

State Victim/Witness Services

Sex Offender Registration Requirements under PC 290

Every person (convicted sex offender) while residing in California… or while attending school or wroking… shall be required to register with chief of police/sheriff of city/county in which they are living…

• Must register within five working days upon moving, on birthday, attending institution of higher learning, working or attending school in California but lives outside of CA, change of name, or release from incarceration for > 30 days

• Transient must register every 30 days

• May have multiple registrations if lives in more than one jurisdiction or enrolled as student at institution of higher learning

• Sexually violent predator must register every 90 days

PC 290 Violations

Misdemeanor sex crime conviction — misdemeanor

Felony sex crime conviction — FELONY

Prior conviction for failing to register — FELONY

Transient Registration (30 day update)

• Misdemeanor (shall not be charged more than once in 90 day period)

  • Third or subsequent violation shall be punished in accordance to misdemeanor or felony sex crime conviction

SVP registration (90 day update) — Wobbler