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AJ2/ CHP 8/9 Notes

Offense Against Public Peace/Weapons

Define Fighting Words Words that by their very utterance inflict injury or tend to incite an immediate breach of the peace
No driver of a vehicle shall operate sound amplification system which can be heard more than ____ feet from the vehicle, 50
Which penal code refers to unlawful assembly? Give a brief definition of unlawful assembly. PC 407. Whenever two or more persons assemble to do an unlawful act or a lawful act in a violent manner it is an unlawful assembly.
Any person who willfully threatens the life or safety of another is guilty of a .... Wobbler
Which Penal Code deals with refusal to disperse upon lawful command to do so? PC 416
Remaining present at scene of a riot, rout or unlawful assembly is a violation of which PC? PC 409
What is the term for an overt act evidenced by more than mere assembly? It's any act committed toward the consummation of that unlawful purpose. A Rout
What is a riot? Any use of force or violence disturbing the public peace or the threat of by two or more persons acting together without authority of law.
What is the punishment if found guilty of inciting a riot Fine not to exceed $1000
The taking by means of a riot any person from the lawful custody of a peace officer is ........ a Lynching
Use of force or threats to interfere with anothers civil liberties (race, color, religion, sexualorientation, etc.) is a ____ ____ and can be punishible by 1 year and fine of $_____ first offense, $_______ subsequent offenses. Hate Crime; $5000; $15,000
Trespassing is a felony, T/F? False, it is a misdemeanor
What makes a trespass crime "Aggravated"? If the resident of guest of the entered premises is present at any time during the trespass.
This Penal Code deals with disturbing the peace. The companion code deals with disturbing the peace at Schools. 415 and 415.5 respectively
T/F Being registered at the school has no bearing on if you can be held liable for violating 415.5 disturbing the peace. False. 415.5 does NOT apply to any person registered as a student at the campus where the disturbance took place.
If asked to leave a campus, you may not reenter or visit the campus for a period of ....... 7 days.
Which Penal Code covers a host of violations that can be deemed as disorderly conduct? Know this one Jerome PC 647
For the crime of prostitution to be valid, the prostitute must not only agree to the act but must also..... do an act in furtherance of the agreement
CH9 Carrying a concealed weapons is a (misdemeanor/felony). It's a wobbler depending on the criminal history of the person carrying.
Can you carry an unconcealed firearm in plain view? Not according to section 26350a2. This section makes it a misdemeanor to carry an unconcealed weapon.
When is it OK for a minor to handle a firearm? When at target practice, ranching, or hunting as long as accompanied by parent or legal guardian. Or is at least 16 years old with written parental consent.
If a person was convicted for violating specific offenses involving firearms as a juvenile, that person may face a prison wobbler if he possesses a firearm before the age of ..... 30 years.
It is a prison wobbler for a person to possess or control any firearms within ___ years following a conviction. 10 years
T/F the second amendment gives you the right to possess guns in your home without limitation. False. Certain types of weapons such as Sawed Off shotguns, semiautomatic weapons, or machine guns do not enjoy such constitutional protection.
What is a penologist person who is an authority on prisons or rehabilitation
Res Gestae Acts and words just before a crime
Name the class of individual that cannot possess a firearm. Convicted felons, mentally challenged, and children.
How much more prison time do you face if a gun is used? 10 years.
T/F. it is OK to carry pepper spray per the law True
What is the definition of possession as it pertains to weapons? Dominion and Control
This class of codes turn otherwise misdemeanor violations on school grounds into felonies. PC 626 codes
PC 626 violations fall under the misdemeanor exception rule. What does this mean? Police officer need not witness the violation to make the arrest.
What is the punishment for a PC 415 violation Up to 90 days in county and/or $400 fine
This could be described as the predatory stage of a riot... A rout
Under PC 601 it is a felony to make a threat again a someone and then within ---- days of the threat, enter into the persons home or job. 30 days
This PC is comprised of approximately 20 different trespassing sections PC602
What is a forcible entry and detainer Using force to enter and take possession of any land of another's.
This is the PC that covers school disturbance and crimes against public officials PC 71
Created by: JeromeG