Exam (elaborations)
California Penal Codes (1)
California Penal Codes (1)
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California Penal CodesPenal Code 15 - Crime - ANS-A crime or public offense is an act committed or
omitted in violation of a law forbidding or commanding it, and to which is
annexed, upon conviction, either of the following punishments:
1. Death;
2. Imprisonment;
3. Fine;
4. Removal from office; or,
5. Disqualification to hold and enjoy any office of honor, trust, or profit in this
State.
Penal Code Section 16590 - Prohibited Weapons - ANS-•As used in this part,
"generally prohibited weapon" means any of the following:
•(a) An air gauge knife, as prohibited by Section 20310.
•(b) Ammunition that contains or consists of a flechette dart, as prohibited by
Section 30210.
•(c) A ballistic knife, as prohibited by Section 21110.
•(d) A belt buckle knife, as prohibited by Section 20410.
•(e) A bullet containing or carrying an explosive agent, as prohibited by Section
30210.
•(f) A camouflaging firearm container, as prohibited by Section 24310.
•(g) A cane gun, as prohibited by Section 24410.
•(h) A cane sword, as prohibited by Section 20510.
•(i) A concealed dirk or dagger, as prohibited by Section 21310.
•(j) A concealed explosive substance, other than fixed ammunition, as prohibited
by Section 19100.
•(k) A firearm that is not immediately recognizable as a firearm, as prohibited by
Section 24510.
•(l) A large-capacity magazine, as prohibited by Section 32310.
•(m) A leaded cane or an instrument or weapon of the kind commonly known as a
billy, blackjack, sandbag, sandclub, sap, or slungshot, as prohibited by Section
22210.
•(n) A lipstick case knife, as prohibited by Section 20610.
,•(o) Metal knuckles, as prohibited by Section 21810.
•(p) A metal military practice handgrenade or a metal replica handgrenade, as
prohibited by Section 19200.
•(q) A multiburst trigger activator, as prohibited by Section 32900.
•(r) A nunchaku, as prohibited by Section 22010.
•(s) A shobi-zue, as prohibited by Section 20710.
•(t) A short-barreled rifle or short-barreled shotgun, as prohibited by Section
33215.
•(u) A shuriken, as prohibited by Section 22410.
•(v) An unconventional pistol, as prohibited by Section 31500.
•(w) An undetectable firearm, as prohibited by Section 24610.
•(x) A wallet gun, as prohibited by Section 24710.
•(y) A writing pen knife, as prohibited by Section
Penal Code Section 187 - Murder - ANS-(a) Murder is the unlawful killing of a
human being, or a fetus, with malice aforethought.
•(b) This section shall not apply to any person who commits an act that results in
the death of a fetus if any of the following apply:
•(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing
with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and
Safety Code.
•(2) The act was committed by a holder of a physician's and surgeon's certificate,
as defined in the Business and Professions Code, in a case where, to a medical
certainty, the result of childbirth would be death of the mother of the fetus or
where her death from childbirth, although not medically certain, would be
substantially certain or more likely than not.
•(3) The act was solicited, aided, abetted, or consented to by the mother of the
fetus.
•(c) Subdivision (b) shall not be construed to prohibit the prosecution of any
person under any other provision of law.
Penal Code Section 191.5 - Vehicular Manslaughter - ANS-(a) Gross vehicular
manslaughter while intoxicated is the unlawful killing of a human being without
malice aforethought, in the driving of a vehicle, where the driving was in violation
of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either
, the proximate result of the commission of an unlawful act, not amounting to a
felony, and with gross negligence, or the proximate result of the commission of a
lawful act that might produce death, in an unlawful manner, and with gross
negligence.
•(b) Vehicular manslaughter while intoxicated is the unlawful killing of a human
being without malice aforethought, in the driving of a vehicle, where the driving
was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the
killing was either the proximate result of the commission of an unlawful act, not
amounting to a felony, but without gross negligence, or the proximate result of
the commission of a lawful act that might produce death, in an unlawful manner,
but without gross negligence.
•(c) (1) Except as provided in subdivision (d), gross vehicular manslaughter while
intoxicated in violation of subdivision (a) is punishable by imprisonment in the
state prison for 4, 6, or 10 years.
•(2) Vehicular manslaughter while intoxicated in violation of subdivision (b) is
punishable by imprisonment in a county jail for not more than one year or by
imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or
four years.
•(d) A person convicted of violating subdivision (a) who has one or more prior
convictions of this section or of paragraph (1) of subdivision (c) of Section 192,
subdivision (a) or (b) of Section 192.5 of this code, or of violating Section 23152
punishable under Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or
convicted of Section 23153 of, the Vehicle Code
Penal Code Section 192 - Manslaughter - ANS-•Manslaughter is the unlawful
killing of a human being without malice. It is of three kinds:
•(a) Voluntary—upon a sudden quarrel or heat of passion.
•(b) Involuntary—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 due caution and circumspection. This subdivision shall not
apply to acts committed in the driving of a vehicle.
•(c) Vehicular....
Penal Code Section 194 - Homicide Time limits - ANS-•To make the killing either
murder or manslaughter, it is not requisite that the party die within three years
and a day after the stroke received or the cause of death administered. If death
occurs beyond the time of three years and a day, there shall be a rebuttable
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