BPA 199 All Codes to Know

240 PC

Assault (Misdemeanor): Any unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

245 PC

Assault with a deadly weapon (Felony): (a)(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm. (2) with firearm (3) with machinegun (4) any means of force likely to produce great bodily injury (b) with semiautomatic (c) on PO/Firefighter with deadly weapon or instrument other than firearm (d)(1) on PO/Firefighter with firearm (2) on PO/Firefighter with semiautomatic (3) on PO/Firefighter with machinegun/assault weapon

220 PC

Assault with intent to commit mayhem/sexual crime (Felony): Assault with intent to commit rape/sodomy/oral copulation/mayhem. Violate 264.1 rape with an accomplice, 288; sex crime with child under 14yrs; 289 sexual penetration with a foreign object. Mayhem-an act of maliciously disabling or disfiguring the victim.

243.5 PC

Assault/ Battery on School Property - Reference • LEO may arrest w/o warrant • Any person who commits such act on school property • During school hours (1) 240/242 was committed (2) Officer has PC whether or not it has in fact been committed

664 PC

Attempted Crime (Wobbler): Attempted a crime, failed, prevented, or intercepted.

22350 CVC

Basic Speed Law - Infraction • Drive vehicle on hwy • Faster than is reasonable or prudent • Having due regard for weather/visibility/traffic on and surface/width of hwy • In no event @ a speed which endangers the safety of persons/property

242 PC

Battery (Misdemeanor): Any willful and unlawful use of force or violence upon the person of another.

243(b) PC

Battery on PO (Misdemeanor): Willful and unlawful use of force on any first responders: PO, firefighter, EMT, custodial officer, lifeguard, process server, traffic officer, code enforcement officer, or parole officer in course of duty or offender knows of such.

647 (g) PC

Alcohol Detox Facility: When a person poses danger to himself or the public, PO can place them into protective custody to a 72-hour treatment facility.

422 PC

Criminal Threats (Felony): Willfully threaten to commit crime that results in death/GBI with intent for threat to be taken as such (even absent intent to carry out threat) and causes fear for their/immediate family safety.

12951(a) VC

DL not in Possession - Infraction • Operate motor vehicle • On any highway • w/o DL in immediate possession

23152(a) CVC

DUI - Misdemeanor • Operate a motor vehicle • While under the influence of alcohol

23152(b) CVC

DUI > .08 - Misdemeanor • Operate a motor vehicle • Under the influence • w/ a BAC of > .08 by PAS or blood

40300.5 CVC

DUI Arrest - Reference • LEO may arrest w/PC for DUI when: (a) Involved in collision (b) Observed in or about vehicle blocking roadway (c) Not be apprehended unless immediately arrested (d) Cause self injury or property damage unless immediately arrested (e) May destroy or conceal evidence of a crime unless immediately arrested

23153 CVC

DUI w/Injury - Felony (a) •Operate motor vehicle •Under the influence of drug/alcohol •Violate law OR Neglect duty •Causes injury to another (b) •Same with BAC >.08 APPLIES ANYWHERE

25850(a) PC

Carrying Loaded Firearm - Wobbler • Carries a loaded firearm • On their person or in a vehicle in public F: If previously convicted of F or other Misd. F: stolen firearm F: person in gang F or M: person convicted against crime or property or narcotic or dangerous drug. F or M: if person is not registered as the owner of the handgun.

23123(a) CVC

Cell Phone Use - Infraction • Person shall not drive motor vehicle • While using a wireless telephone • w/o using a hands free device/configuration

647.6 PC

Child Molesting (Wobbler): Motivated by an unnatural or abnormal sexual interest in children.

837 PC

Citizen's Arrest: A private person may arrest another: 1. For a public offense committed in his presence 2. Person committed a felony, although not in presence 3. When a felony in fact has been committed, and there is reasonable cause to believe the person arrested to have committed it.

487 PC

Grand Theft (Felony): When property is taken from the person of another 1. Theft of property valued over $950 2. or farm produce or fowl valued over $250 including fish and aqua cultural products 3. An automobile (any amount) 4. A Firearm (any amount)

2800.1 VC

Evasion of Peace Officer - Misdemeanor (a)(1) •Deliberately flee/attempt to flee •A pursuing police motor vehicle •Displaying 1+ fwd-facing steady red light •And person sees/should have seen (2) Sounding a siren when reasonably necessary (3) Distinctly marked (4) Driven by a uniformed officer

20002 VC

Hit and Run - Misdemeanor (a) • Required to stop immediately • At nearest location so as not to impede traffic (1) Locate & notify owner/person in charge (2) Leave note in conspicuous place

20001 VC

Hit and Run with Injury/Death - Felony • Required to stop at scene and provide proper ID • To person wronged or LEO • And render aid • Immediately report any death to CHP or Police

29800(a)(1) PC

Felon in Possession of Firearm (Felony): Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

602 W&I

Delinquent Minor: Person under 18 who violates a criminal law. Except when: allegedly murdered someone or allegedly committed any sexual assault or lewd acts with a child under 14

21310 PC

Dirk or Dagger (Felony): Any person in this state who carries concealed upon the person any dirk or dagger. Dirk or Dagger - A dirk or dagger is a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict GBI or death. A nonlocking folding knife, a folding knife that is not prohibited by 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict GBI or death only if the blade or knife is exposed and locked into position.

246 PC

Discharge of a Firearm at Inhabited Dwelling - Felony • Maliciously & Willfully • Discharge a firearm • At inhabited dwelling occupied or not

243 (e)(1) PC

Domestic Battery (Misdemeanor): Any willful and unlawful use of force against: 1. Spouse/former 2. Cohabitant/former 3. Share a common child 4. Fiancé/former 5. Current or former boyfriend/girlfriend

273.5 PC

Domestic Violence (Felony): Any person who willfully inflicts corporal injury resulting in a traumatic condition (visible injury) upon a: (1) Spouse/former (2) Cohabitant/former (3) Fiancé/former (4) Person with a common child

21460(a) CVC

Double Solid Lines - Infraction • Driver not to drive to the left EXCEPT • to turn left @ intersection • turn into or out of driveway/private road • make a lawful u-turn

417.4 PC

Drawing/Exhibiting Imitation Firearm in a Threatening Manner - Misdemeanor -Draws/exhibits imitation firearm in a threatening manner

417.25 PC

Drawing/Exhibiting Laser Scope/Pointer - Misdemeanor •Aim/point •w/ specific intent to cause fear of bodily harm EXCEPT in self defense

14601.1(a) VC

Driver's License Suspended - Misdemeanor • Illegal to drive a motor vehicle • w/privilege suspended/revoked • w/knowledge For reasons other than 14601, 14601.2, 14601.5

647 (f) PC

Drunk in public (Misdemeanor): Any person who is found in a public place under the influence of alcohol or drugs and is unable to care for their own safety or the safety of others; Prevents/obstructs the use of a sidewalk, roadway, or other public way.

207 PC

Kidnapping (Felony): Forcibly or by fear to steal, take, hold, detain, arrest a person and move him/her to another city, state, country, county or within the county.

40302 VC

Mandatory Appearance - Reference Must take arrestee to magistrate with jurisdiction for: (a) Failure to present DL or provide ID (b) Refusal to give written promise (c) Demands immediate appearance (d) Arrest for 23152 VC

192 PC

Manslaughter (Felony): Unlawful killing of a human without malice aforethought. 1. Voluntary 2. Involuntary 3. Vehicular

22349(a) CVC

Maximum Speed Limit - Infraction • Driver not to exceed 65MPH • Except as posted on freeway

5150 W&I

Mentally disordered: A PO, with probable cause to believe a person is a danger to self/others or gravely disabled, may take a person into custody for 72 hours for assessment, evaluation and crisis intervention

21810 PC

Metal Knuckles (Felony): Any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any metal knuckles.

653m PC

Obscene/Threatening/Harassing/Annoying Phone Calls Misdemeanor (a) •obscene language OR threatening injury •to a person/their property/family member •w/ intent to annoy

836(a)(1)(2)(3) PC

Peace Officer (PO) power to arrest: (a) A PO may arrest in obedience to a warrant, pursuant to the authority granted to him/her, without a warrant when: (1) Probable cause that a public offense was committed in officer's presence (2) Person committed a felony, although not in officer's presence (3) Probable cause a felony has been committed whether or not a felony, in fact, has been committed. Misdemeanor exceptions: Committed by a juvenile, DUI, loaded firearm in public, violating emergency protective order (EPO), 243(e)(1), battery on school property, committed assault & battery on EMT, carrying a concealed weapon in an airport.

647 (i) PC

Peeping (Misdemeanor): Any person who: loiters, prowls, or wanders on private property at anytime and peeps into the doors and/or windows of an inhabited structure/building without lawful or visible purpose with the owner or occupant.

289(a) PC

Penetration with foreign object (Felony): (a)(1) By force, violence, duress, menace, fear against will of victim insert any foreign object into sex organ/anus of another person.

26 PC

Persons Incapable of Committing Crimes - Reference Minor <14yrs Mentally incapable Committed under ignorance/mistake of fact Not conscious of the act Through misfortune/accident Under threat

488 PC

Petty Theft (Misdemeanor): Unlawful taking of another's property valued under $950

466 PC

Possession of Burglary Tools - Misdemeanor • Posses • Tool to unlawfully break or enter a structure/vehicle • w/o permission to fit lock/structure

11364(a) H&S

Possession of Drug Paraphernalia - Misdemeanor Possess an opium pipe OR any paraphernalia used for injecting or smoking a controlled substance

626.9 PC

Possession of Firearm in School Zone - FELONY (b) •Posses in or on school grounds •of public/private school K-12 or any school -OR- within 1000' •w/o permission of proper school authority

30305(a)(1) PC

Possession of Prohibited Ammunition (Felony): No person prohibited from owning/possessing a firearm shall: Own, possess, or have under custody/control any ammunition or reloaded ammo.

21510 PC

Possession of Switchblade (Misdemeanor): Anything that can be released by a flick of button/wrist, or other mechanical device. (blade > 2 inches in length) (a) Possess the knife in passenger compartment of any motor vehicle in any public place (b) Carry the switchblade upon your person (c) Sell/offer or expose for sale, loan, transfer, give the knife to anyone else.

11357(a) H&S

Possession of less than 1 ounce of Marijuana under 21 - Infraction Less than one ounce of marijuana or 8 grams of concentrated cannabis 1. Under 18 2. Under 21 but over 18 • Unless authorized by law*

16028(a) CVC

Proof of Insurance - Infraction • Driver of motor vehicle on any hwy • Present written proof in effect @ time • On demand of an officer incident to receiving notice to appear - ELECTRONIC PROOF ACCEPTED

261 PC

Rape (Felony): Sexual intercourse with a person not the spouse: (a)(1) Incapable of consent (2) Against will (3) Intoxicated (4) Unconscious of the nature of act (5) Tricked (6) Threat of future retaliation (7) Threaten use of authority

264.1 PC

Rape with an accomplice (Felony): Any person who voluntarily, with another person by force/fear and against victim's will, commits or aids/abets rape/spousal rape/penetration with a foreign object.

496 PC

Receiving Stolen Property (Wobbler): Person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained. Felony over $950 Misdemeanor under $950

21453(a) CVC

Red Signal Violation - Infraction • Driver required to stop on red • Before 1) Marked(limit) line 2) Crosswalk 3) Intersection

4454(a) CVC

Reg Card Not Possessed - Infraction •Registration Card or copy not with vehicle

4462.5 CVC

Registration Fraud - Misdemeanor • Fradulant CA registration • w/ intent to avoid registration fees or other requirements

27315(d) & (e) CVC

Seatbelt's Required - Infraction (d) Seatbelts required for driver and passenger >16yrs (Driver cite) (e) Seatbelts required for passenger >16yrs (Passenger cite)

537e PC

Serial # / ID Mark Wobbler (a) •Knowingly •Buy/sell/receive/dispose of/conceal/possess •Personal property •with ID/electronic serial/other ID mark damaged/removed Felony If integrated computer chip/panel >$950

261.5 PC

Sex with a minor (Wobbler): (a) Intercourse with person under 18yrs who is not spouse M (b) with a minor within 3yrs of person's age F (c) with a minor more than 3yrs younger than the person F (d) 21yrs who commit sex with a minor under 16yrs

459.5 PC

Shoplifting (Misdemeanor): Entering a commercial establishment while open during normal business hours, that has taken or intended to take property valued at less than $950.

21464(c) CVC

Signal Changing Device - Wobbler • Posses/manufacture/install/sell/distribute • Unless directed by LEO Felony if injury or death occurs

5204(a) CVC

Incorrect Tabs - Infraction • Must attach to rear plate • Correct month and year • To assigned vehicle Except Vehicles with GVWR >10,000 must attach to front plate

314.1 PC

Indecent Exposure (Wobbler): M Willfully & lewdly exposes one's person or private parts in a public place or where person's are present to be offended/annoyed. F If done after entering inhabited dwelling/ inhabited portion of a building without consent.

841 PC

Information required at arrest: Must inform arrestee of: 1. The intent to arrest 2. The cause to arrest 3. The authority to arrest Exceptions: If the person is in the commission of or an attempt to commit the offense, or person is pursued immediately after.

490.5(a) PC

Theft of Book/Library Materials - Misdemeanor First conviction for petty theft from merchant's premises/book/library materials taken from a library facility

71 PC

Threatening School or Public Officers (Wobbler): Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his duties, by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such threat could be carried out, is guilty of a public offense.

602(L) PC

Trespass Misdemeanor (l) •enter land •belonging to another OR occupied by another OR unenclosed lands w/ signs (3 to a mile, etc) (1) Refuse/fail to leave upon request of owner/agent (2) Damage/tear down/mutilating/destroying signs (3) Gate Lock -remove/damage/unlock/tamper (4) Discharge firearm

452 PC

Unlawfully causing fire (Wobbler): Unlawfully causing a fire when he recklessly sets fire to or burns or causes to be burned, any structure, forest land or property.

12500(a) VC

Unlicensed Driver - Misdemeanor • Operate motor vehicle • On any highway • without license

4000(a)(1) CVC

Unregistered Vehicle - Infraction 1) •Expired w/ fees due •Drive/move/leave standing on any hwy OR any offstreet public parking facility

594(a)(b)(1) PC

Vandalism (Wobbler): Any person who maliciously defaces with graffiti or other inscribed material; Damages or destroys another's personal or real property. $400 or more = Felony, $399 or less = Misdemeanor

10852 VC

Vehicle Tampering - Misdemeanor • Willfully damaged or tampered with someone else's vehicle OR the contents of that vehicle -OR- • Willfully broke/removed part of someone else's vehicle

10851 VC

Vehicle Theft - FELONY • Any person who drives or takes • A vehicle not theirs • w/o consent of the owner • w/intent to either permanently or temporarily deprive

191.5 PC

Vehicular Manslaughter - Felony (a) •Kill a human •w/o malice aforethought •While DUI (23140, 23152, 23153 VC) •Proximate result of unlawful act (not Felony) •w/gross negligence -OR- Commit a lawful act that might produce death •In an unlawful manner •w/gross negligence (b) Same, but w/o gross negligence

300 W&I

Ward of Court: Any person under 18 who is at risk of physical or emotional harm, neglect, or in need of immediate medical care or shelter; Sexual abuse or risk of, and the parent failed or is unable to protect child; Freed from adoption or adoption petition not granted for 12 months; Parent has prior conviction of child death through abuse of neglect.

286 PC

Sodomy (Felony): Illegal sexual penetration between penis/anus.

4 PC

Spirit vs. Letter of the Law: The rule of the common law, that penal statutes are to be strictly construed, has no application to this Code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.

262 PC

Spousal Rape (Felony): Sexual intercourse with a spouse (a)(1) Against will by force/fear/duress/menace (2) Intoxicated or under influence of substance which prevented resistance (3) Unconscious of nature of act (and known by offender) (4) Threat of retaliation (and offender can enact) (5) Use of authority (need not be actual official)

646.9 PC

Stalking (Wobbler): Repeatedly follows/harasses a person, making a credible threat with intent to place a person in fear of own safety or safety of immediate family.

288(a) PC

Lewd acts with children under 14 (Felony): Commit a lewd act on/with the body (or any part thereof) a child with intent of arousing, appealing to, gratifying the lust, passions, or sexual desires of such person.

459 PC

Burglary (Felony): A person who enters any room, structure, or locked vehicle with the intent to commit a grand theft, petty theft, or any other felony.

27803(a) CVC

Motorcycle Helmet - Infraction • Safety helmet to be worn • When riding a motorcycle/motor-driven cycle/motorized bicycle • To meet requirements in 27802 VC (b) Driver (c) Passenger

12500(b) VC

Motorcycle License - Infraction License required to operate a motorcycle M1 2 wheel cycle M2 2-3 wheel motorized bike/moped

187 PC

Murder (Felony): Unlawful killing of a human or fetus with malice aforethought.

288a PC

Oral Copulation (Felony): (a) Copulating the mouth of one person with sex organ/anus of another (b)(1) with person < 18years (except 288) (2) with person < 16 years by offender > 21 years (except 288) (c) with person < 14 years & offender > 10 years older

647 (h) PC

Prowling (Misdemeanor): Any person who loiters, prowls, or wanders on private property at anytime, without visible or lawful business with the owner or occupant. Loiter- to linger (delay) without a lawful purpose and to commit a crime

211 PC

Robbery (Felony): Take property/possessions of another from their immediate presence by force or fear.

69 PC

Resist/Deter Executive Officer (Felony): Attempt/Knowingly resist by threat/violence to deter/prevent officer from performing lawful duties. Executive Officer: Peace Officer, Judge, Prosecutor, Defense Attorney Elected Official

148 (a)(1) PC

Resisting Arrest (Misdemeanor): Every person who willfully resists/delays or obstructs any public/peace officer or EMT while they are attempting to perform his or her duties.

273.6 PC

Restraining Order/Protective Order Violation (Misdemeanor): (a) Intentionally and knowingly violate a restraining order (b) with injury

22450 CVC

Stop Sign - Infraction • Stop at limit line • If no line, stop at entrance to intersection/crossing

451 PC

Arson (Felony): Willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.

417 PC

Brandishing a Weapon - Wobbler (a)(1) •Draw/exhibit -OR- unlawfully use in fight •a deadly weapon •in a rude/angry/threatening way (2) •Firearm in same manner (loaded/unloaded) Felony if done in front of a daycare during business hours with a loaded gun and if in front of a LEO with a loaded/unloaded gun and offender knows of such

166(a)(4) PC

Disobey Court Order (Misdemeanor): Willfully disobey written terms or out-of-state order.

415 PC

Disturbing the Peace (Misdemeanor): Any person who Unlawfully fights or challenges to fight in a public place; Maliciously and willfully disturbs others with loud or unreasonable noise; Uses offensive language in a public place that would initiate a violent response

647 (b) PC

Prostitution (Misdemeanor): Any person who: engages/solicits in a sexual act in exchange for money or other offer/consideration.

601 W&I

Uncontrollable Juvenile: Person under 18 who habitually does not obey reasonable and proper orders, instructions, directions of parents or guardians; Violates any city, state, county ordinance or local age related curfew; Truant 4 times in one school year will make child ward of court.