Penal Code Section - Page 2
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Child Abuse
Penal Code 273d: Child abuse is the corporal injury or punishment on a child, which is not to be confused with emotional abuse or sexual abuse of a child.
Child Pornography
Penal Code 311: Child pornography is material that depicts minors engaged in or simulating sexual conduct.
Conspiracy
Penal Code 182: Conspiracy is an agreement between two or more people to commit a crime and one person commits an overt act in furtherance of that agreement.
Contributing to the Delinquency of a Minor
Penal Code 272: You're guilty of this crime you committing an act or failed to perform a duty that causes a minor to become a delinquent and dependent on the juvenile court.
Criminal Threat
PC 422: Criminal threat is when you threaten to kill or physically harm someone, you put that person in reasonably sustained fear for their safety and the threat is specific.
Destructive Device
Penal Code 12303: This law prohibits knowingly possessing any destructive device, like grenades, rocket launchers, bombs, etc., other than "fixed ammunition."
Disturbing the Peace
Penal Code 415: Disturbing the peace is commonly reserved for very serious incidences like, "fighting words," making loud noises, and fighting.
Doctor Shopping
California Health and Safety Code 11173: Doctor shopping states in part, "No person shall obtain or attempt to obtain controlled substances, or procure or attempt to procure the administration of or prescription for controlled substances, by fraud, deceit, misrepresentation, or subterfuge; or by the concealment of a material fact. No person shall make a false statement in any prescription, order, report, or record, required by this division."
Domestic Violence
Penal Code 273.5: Corporal Injury. Corporal injury is an injury that resulted in a person's "traumatic condition." This charge is filed when a spouse, boy/girlfriend, or cohabitant strikes his/her "intimate partner" in some violent way and causing a visible injury like a bruise. The suspect can be charged if the alleged victim is a former spouse or cohabitant, or the parent of your child.
Penal Code 243(e)(1): Domestic Battery. It's a misdemeanor to inflict force or violence on your fiance, cohabitant, the parent of your child, or your current or former spouse or dating partner, and unlike PC 273.5 this law doesn't require a visible injury.
Penal Code 422: Criminal Threats. It's a crime to make a threat of serious harm to someone if the threat intends to put the person in fear, and actually puts the person in sustained fear. Understand that PC 422 is a "wobbler" and may be charged as a misdemeanor or a felony.
Drive-By Shooting from Car
Penal Code 12034: Technically known as "discharging a firearm from a motor vehicle" this law prohibits firing a gun a vehicle, which could result in felony charges.
Driving on a Suspended License
California Vehicle Code 14601: This law prohibits your driving privileges when you know, or should have reasonably known, that your driver’s license has been suspended or revoked. If caught driving on a suspended license you could have your car impounded and face jail time.
Driving Without a License
California Vehicle Code 12500: You could be cited for this offense, and your vehicle impounded, if you have never obtained a driver’s license, you failed to renew your driver’s license after it expired, you established residency in California but failed to obtain a California driver’s license, or you simply are ineligible for a driver’s license in this state.
Drug Treatment
Penal Code 1000: Drug Diversion : First time non-violent drug offenders can be diverted out of the court system and into a court approved drug rehabilitation center, which, if successfully completed can have the charge removed from the suspect's record.
Proposition 36: Like PC 1000 this is another drug division program, but with some slightly different rules.
Drunk in Public
PC 647(f) You’re considered to be “drunk in public” if you’re at any public place under the influence and unable to exercise care for your own safety or the safety of others, and/or you prevent the free use of any street, sidewalk, or other public way.
DUI
California Vehicle Code 23152(b): DUI. According to the DMV it's unlawful for any person who has 0.08% percent or more, by weight, of alcohol in their blood to drive a vehicle. Is a "wobbler" and can either be charged as a misdemeanor or felony.
Title 17 of the California Code of Regulations: This is a very strict code on how California DUI breath and blood tests are supposed to be conducted, along with the maintenance, collection and storage of your test results. Any slight violation of Title 17 can result in a DUI case being dismissed.
DUI- Drug DUI
California Vehicle Code 23152(a): Drug DUI. Driving under the influence of drugs, regardless if the drugs were prescription or illegal. "Drugs" means, "your physical or mental abilities are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances." A violation of CVC 23152 is a "wobbler" and can either be charged as a misdemeanor or felony.
DUI with Injury
California Vehicle Code 23153(a): DUI with Injury. According to the DMV, "It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver." To be convicted of CVC 23153(a) the Orange County prosecutor must prove that you drove with a BAC of 0.08%.
Penal Code 191.5: Vehicle Manslaughter while Intoxicated. If you break a law in addition to driving under the influence, or negligently cause the death of another; the second, in addition to driving under the influence you commit an act that is likely to result in the death of another person.
Penal Code 191.5(a): Acting with gross negligence, which means the person was careless, and this is charged as a felony.
Penal Code 191.5(b): Acting with ordinary negligence, meaning the failure to use reasonable care to prevent reasonably foreseeable harm to oneself or another person, and is a "wobbler," meaning the Orange County District Attorney can charge it either as a misdemeanor or felony.
Penal Code 273a: Child Endangerment. If you were driving with a child at the time of your alleged DUI with injury you could be charge you with PC 273a. If convicted of the felony child endangerment charge you could face up to six years in the state prison.
