StudiGuide 8: General Criminal Statutes

Description

This StudiGuide course provides a practice review-testing resource for police academy cadets (based on the state of California’s Commission on Peace Officer Standard and Training 'POST' requirements) to help understand and pass the POST written examinations.

After review and study of this StudiGuide, you will be able to RECOGNIZE the crime elements required to arrest for the following misdemeanor crimes:

• Lewd conduct

• Invasion of privacy

• Prostitution

• Loitering about a public toilet

• Public intoxication

• Disturbing the peace

• Obstruction of a public way

• Prowling and peeping

This is more than likely ALL you will be tested on during this specific written examination.

Selected information from this written examination will also appear on your Mid-Course and End-of-Course Proficiency Tests.

Your test will give you a word picture depicting a possible or attempted crime.  You, the student will identify if the crime is complete (by having all the crime elements present), and if it is complete, recognize it by its common name and crime classification (misdemeanor)

All crimes in this course are Misdemeanors

You will be able to RECOGNIZE the crime elements required to arrest for Lewd Conduct and to RECOGNIZE the crime classification as a misdemeanor. 

Again, all crimes in this course are Misdemeanors

The crime of LEWD CONDUCT per Penal Code 647(a) states:

• Any person who SOLICITS or ENGAGES

• in LEWD CONDUCT

• IN A PUBLIC PLACE (park, street, building open to the public, movie theaters or public offices)

• OR A PLACE OPEN TO PUBLIC VIEW (an area that can be seen by others)

No skin-to-skin contact is required.  Touching can be through clothing.

Lewd conduct means touching or soliciting someone to touch the genitals, the buttocks, or the female breast with the intent to sexually arouse, gratify, annoy, or offend.  Touching includes the touching of oneself or another.

You will be able to RECOGNIZE the crime elements required to arrest for Invasion of Privacy and RECOGNIZE the crime classification as a misdemeanor. 

INVASION OF PRIVACY per Penal Code 647(j)(1), also known as Bathroom peepholes, has the crime elements of:

• looking through

• a hole or opening or otherwise viewed by means of any instrumentality into a private area (the interior of a bathroom or any other area in which the occupant has a reasonable expectation of privacy)

• with the intent to invade the privacy of people therein

You will be able to RECOGNIZE the crime elements required to arrest for Prostitution and RECOGNIZE the crime classification as a misdemeanor. 

The crime of PROSTITUTION per Penal Code 647(b) states:

• any person who solicits

• agree to engage in

• engages in

• any act of prostitution, or

• some act is agreed to and done in furtherance of prostitution. 

An overt act must occur - showing acceptance of an offer with specific intent to complete the act.   

You will be able to RECOGNIZE the crime elements required to arrest for Loitering about a Public Toilet and RECOGNIZE the crime classification as a misdemeanor. 

The crime of LOITERING ABOUT A PUBLIC TOILET per Penal Code 647(d) states:

• loitering (lingering) in or about

• any toilet facility

• open to the public

• for the purpose of soliciting or engaging in

• a lewd or lascivious or unlawful act (Prostitution or drugs)

You will be able to RECOGNIZE the crime elements required to arrest for Public Intoxication and you will be able to the crime classification as a misdemeanor. 

PUBLIC INTOXICATION per Penal Code 647(f) states:

• any person in a public place

• under the influence of alcohol or drugs, and who

• is unable to care for their own safety or the safety of others or is obstructing a public way (street, sidewalk)

This is basically fall-down drunk…

You will be able to RECOGNIZE the crime elements required to arrest for Prowling and RECOGNIZE the crime classification as a misdemeanor. 

PROWLING per Penal Code 647(h) states:

• any person who loiters*, prowls or wanders

• on the private property of another, at any time,

• without visible or lawful business with the owner or occupant

*Loiter means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as an opportunity to may be discovered.

You will be able to RECOGNIZE the crime elements required to arrest for Peeping and RECOGNIZE the crime classification as a misdemeanor. 

PEEPING per Penal Code 647(i) states:

• loitering, prowling or wandering

• on the private property of another, at any time

• peeking in the door or window of any inhabited building or structure

• without visible or lawful business with the owner or occupant

**Must meet all the elements of prowling in addition to violating the elements related to peeping

You will be able to RECOGNIZE the crime elements required to arrest for Disturbing the Peace and RECOGNIZE the crime classification as a misdemeanor. 

DISTURBING THE PEACE per Penal Code 415(1), Unlawfully Fighting is:

• Unlawfully fights or challenges another person

• in a public place (or place open to public view or access)

DISTURBING THE PEACE per Penal Code 415(2), Loud Noises states:

• willfully and maliciously

• disturbing another person

• by Loud and Unreasonable Noise

Based on the time, place, and manner in which it is made, it is the kind of noise that would disturb a reasonable person

DISTURBING THE PEACE per Penal Code 415(3), Offensive Words states:

• USING OFFENSIVE WORDS

• in a public place (or place open to public view or access)

• which are inherently likely to provoke an immediate violent reaction

The context in which the words are used must be considered, and there must be a showing that the words were uttered in a provocative manner, so that there was clear and present danger violence would erupt, also known as “Fighting Words”

You will be able to RECOGNIZE the crime elements required to arrest for Obstruction of a Public Way and RECOGNIZE the crime classification as a misdemeanor. 

OBSTRUCTION OF A PUBLIC WAY (SIDEWALK OR STREET) per Penal Code 647c states:

• any person who willfully and maliciously

• obstructs the free movement of any person

• on any public way (street, sidewalk, or other public place or any place open to the public)

The person or persons purposely obstructs a public way and forces people to go out of their way.

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