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Stack #436821
| Question | Answer |
|---|---|
| Consent | positive cooperation in act or attitude pursuant to an exercise of free will.In other words, consent means agreeing to an action freely and voluntarily and with knowledge of the nature of the act or transaction involved. (Penal Code Section 261.6) |
| Two examples of people who can't give consent | When the victim is incapable due to mental disorder, or developmental or physical disability.Minor below the age of 18Penal Code Section 261.5 |
| Victim can normally give consent, but is considered not to have done so during | When the victim is unconscious of the nature of the act: sleeping,A comatose victim cannot give consent.- A victim deceived by a doctor for medical reasons cannot give consent.When the victim is under the influenceof an intoxicating or anastetic. |
| Penal Code Section 261.6 | states that a current or previous marital or dating relationship between the victim and perpetrator is not sufficient to constitute consent |
| Rape | an act of penile/vaginal intercourse accomplished with a person, not the spouse of the perpetrator, and without the consent of the person. Rape is covered under Penal Code Section 261 |
| Penetration | Penetration, however slight, completes the act of rape (Penal Code Section 263). Absent penetration, an officer should evaluate for an assault with attempt to commit rape. (Penal Code Section 220/261) |
| Assault with intent to commit mayhem, rape, sodomy, oral copulation, rape in concert, lewd acts with a child, or penetration with a foreign objects | Penal Code Section 220. Statute of limitations is 3 years. Must establish the person had specific intent. |
| The crime of assault with intent to commit crimes | felony. pc 664. Through questioning, evidence, behavior, admission, or a totality of the circumstances, peace officers must establish that the subject had specific intent to commit a sex crime |
| Indecent exposure PC 314 | an act in which a person willfully and lewdly exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other individuals to be offended or annoyed thereby. Pc 314 naked on a nude beach no crime |
| The crime of indecent exposure is a misdemeanor, except | Prior conviction for:- lewd acts with a child (PC 288(a)- indecent exposure (Penal Code Section 314 (felony)When the person enters an inhabited dwelling house, trailer coach, or inhabited portion of any building and entry was made without consent |
| Oral copulation | the act of copulating (uniting) the mouth of one person with the sexual organ or anus of another person w/out consent. PC 288a, felony Penetration not necessary. |
| Penetration with a foreign object is. | an act in which the genital or anal opening of a person is penetrated by any instrument, substance, device, or unknown object. PC 289 |
| Sodomy | sexual conduct in which there is contact between the penis of one person and the anus of another with any penetration, however slight. PC 286 |
| Threatening to retaliate | means a threat to kidnap or falsely imprison, inflict extreme pain, serious bodily injury, or death. PC 289(1) |
| Sexual battery PC 243.4 | act of touching another person’s intimate parts for the purpose of sexual arousal, sexual gratification, or sexual abuse, against the will of the person.Does not require skin to skin. For crime to be a felony, victim must be restrained and bare skin. |
| Intimate parts | (private parts) refers to the sexual organs, anus, groin, or buttocks of any person or the breast of a female. |
| sexual battery | Felony sexual battery (restraint and bare skin is touched)Misdemeanor sexual battery (either element of restraint or touching bare skin is missing)243.4(e)(1)243.4(a) |
| Incest | individuals within the degrees of consanguinity who intermarry or have penile/vagile intercourse. Felony. PC 285. Oral copulation,sodomy dont constitute as sodomy. |
| spousal rape | pc 262- an act of penile/vaginal intercourse which is against the will of the spouse. Must be reported one year of incident. Can be estranged but not divorced. |
Created by:
bmrichart