SRPD PENAL CODES

26

All persons are capable of committing a crime except:

1. children under the age of 14

2. persons who are mentally incapacitated

3. Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent.

4. Persons who committed the act charged without being conscious thereof.

5. Persons who committed the act or made the omission charged through misfortune or by accident

6. Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.

69

Obstructing/resisting an officer when performing their duties (by use of threats, force, violence) WOBBLER

71

Threatening public officers, employees, and school officials (WOBBLER)

166

Disorderly conduct in a court room (M)

187

Homicide / Murder (F): The unlawful killing of a human being, with intent (malice).

191.5

Vehicular manslaughter while intoxicated (not purposeful) (F).

192

Manslaughter (involuntary or voluntary, and vehicular) WITHOUT evil intent.

Voluntary Manslaughter: This occurs when a person kills another based on an honest but unreasonable belief in the need for self-defense. It is a felony punishable by 3, 6, or 11 years in state prison.

Involuntary Manslaughter: This involves unintentional killing that results from criminal negligence or during the commission of a non-felony crime

Vehicular manslaughter, also known as vehicular homicide or homicide by vehicle, refers to the crime of causing the death of another person while operating a vehicle in a negligent manner. This can include actions such as driving under the influence of alcohol or drugs, reckless driving, or violating traffic laws. The key element is that the driver did not intend to kill but acted with negligence or recklessness that led to a fatal accident.

207

Kidnapping (F): moving another person a substantial distance, without the person's consent, by means of force or fear.

211

Robbery (F): The taking of personal property, in the possession of another, by force or fear.

215

Carjacking (F): The taking of a motor vehicle, in the possession of another, by force or fear.

220

Assault (F) with intent to commit a felony

ex: rape, mayhem, sodomy, punching, shoving, dropping something on someone from above

240

Assault (M): An attempt to commit a violent injury on a person, and the ability to do so.

242

Battery (M/F): A willful use of force or violence upon the person of another.

243(b)

Battery on a peace officer

243 (d)

Battery causing serious bodily injury (aggravated battery).

243.5

Assault or Battery on School Property

245

Assault with a Deadly Weapon (M/F): An assault, with a deadly weapon or with force, likely to produce great bodily injury.

246

Shooting at an inhabited dwelling

261

Rape (F): Sexual intercourse, with a person not a spouse, without consent or against a person's will by means of force or fear.

261.5

Unlawful sexual intercourse with a minor- under 18

262

Spousal Rape (Felony)

264.1

gang rape

273.5

Willful infliction of corporal injury resulting in a traumatic condition to co-inhabitant, spouse, domestic partner, etc (F).

273.6

Violation of court order (M)- domestic violence, disturbing the peace, threats

286

Sodomy (F): contact between the penis of one person and the anus of another, through use of force, fear, or lack of consent.

288

Child Molestation (F): purposeful lewd acts with a child under the age of 14 for sexual arousal

289

Forcible acts of sexual penetration (F) using foreign object.

- includes fingers

- victim is unconscious or intoxicated

314.1

Indecent exposure (M)

415

Disturbing the peace (M) : Unlawful fighting, or maliciously disturbing another by loud noise, or offensive words in public likely to provoke violence.

417

Drawing, exhibiting, or using a firearm or deadly weapon in a threatening matter (M)

417.25

Pointing a laser scope/pointer at another person in threatening manner (M).

417.4

Drawing or exhibiting FAKE firearm (M)

422

Threatening to commit bodily harm or kill someone (wobbler)

451

Arson (F): WILLFULLY AND MALICIOUSLY sets fire to structure, forest land, property, great bodily injury, occupied structure or property.

452

Arson (M): RECKLESSLY AND UNINTENTIONALLY sets fire to structure, forest land, property, great bodily injury, occupied structure or property.

459

Burglary (F): Entering a house, room, store, etc, with intent to commit theft or another felony.

459.5

Shoplifting (M)

466

Possession of burglary tools (M)

484

Theft / Larceny (I/M/F): Steal the property of another.

487

Grand Theft (M/F):

When money or property is taken of value exceeding $950.

misdemeanor = < $950

felony = > $950

488

Petty Theft (I/M): Theft of money or property valued at $950 or less.

496

Buying/receiving stolen property (willingly)

< $950 is a misdemeanor

537e

Removal or alteration of manufactured serial number/ID number (M)

(VIN number)

601

Aggregated Trespassing (F): Any person who enters another person's property to cause serious bodily harm

602

Trespassing (M): intentionally entering or driving onto PRIVATE PROPERTY without permission.

- OPEN LAND or enclosed by fence

- refusing to leave

- destroying property

- tampering with locks

602.1

Trespassing (M): intentionally interfering with a BUSINESS

- obstructing entryway

- intimidating customers

- refusing to leave after owner/police have asked

626.9

Gun-Free School Zone Act: any person who willingly possesses a gun in a school-zone (Felony)

646.9

Stalking: maliciously and repeatedly follows/harasses another person to impose fear (WOBBLER)

647.6

Annoying or molesting a child under 18 (felony)

664

Attempting to commit a crime, but either fails or is caught in the act (wobbler)