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Codes and Definitions Training for Explorer Program Rohnert Park Explorer Training Program Department of Public Safety Codes/Definitions These codes consist of the Penal Code, Vehicle Code, Welfare and Institution Code, Business and Profession Code and Health and Safety Code and Municipal Codes. It is important to understand the basic elements that make up the crime. Knowledge of these codes is important when communicating with officers and other agencies, interpreting criminal warrants, interrogating a caller and classification of calls for service. Penal Code (PC) Crimes as defined in the California Penal Code most often come to the attention of law enforcement. The California Penal Code (PC) contains the majority of the statutes that are enforced by Peace Officers. It also contains laws that establish Peace Officer's powers, jurisdiction, and training. However, there are several other California codes that contain sections enforced by Police Officers. Vehicle Code(VC) This is a body of laws that regulate vehicular traffic within the State of California. Health & Safety Code (H&S) This is a body of laws that regulate food and drugs (including controlled substances). As a dispatcher you will most likely use this when referring to illicit drugs. Business & Professions Code (B&P) These are regulations and ethics of the business profession regarding truth in advertising, marketing, and controlling the sale of certain substances. They also contain statutes concerning the sales of alcoholic beverages. Welfare & Institutions Code (W&I) or (WIC) This is the body of regulations regarding the treatment of children or others that are unable to care for themselves. All juvenile criminal affairs are directed by this authority. Included in the WIC are statutes regarding child neglect, incorrigibility, and delinquency. Administration Code This contains miscellaneous sections that include Fish & Game, Harbor and Navigation, and other regulations. Municipal Code This body of regulations has been enacted by the City Council to regulate the actions of the persons within a given City boundary which are not already covered by any other code. Module 1 Section 13 Codes and Definitions Page 1 of 12 Rohnert Park Explorer Training Program Department of Public Safety Penal Codes Code Definition Resisting Arrest – resists, delays, or obstructs a public officer 148 PC False ID to Peace Officer – falsely represents or identifies self to peace 148.9 PC officer Violation/Disobeying a Court Order 166.4 PC Murder – Unlawful killing of another human being 187 PC Kidnapping – Forcibly stealing, taking, holds, detains, or arrests in this 207 PC state and transports into another part of the same county, another county, state or country. Robbery – Taking of personal property from another person against his 211 PC will by means of force or fear. Carjacking – felonious taking of a motor vehicle in the possession of 215 PC another, from his/her person, by means of force or fear Battery Defined – a willful and unlawful use of force or violence upon 242 PC another (a completed assault) Domestic Battery – when a battery is committed against a spouse, or a 243E1 PC person with whom the defendant is cohabiting, a person who is the parent of defendant’s child, former spouse, fiancé, or fiancée or person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding $2,000 or by imprisonment in the county jail for a period not more than one year. Sexual Battery – touching an intimate part of another, while the person is 243.4 PC unlawfully restrained, against the will of the person touched, for the purpose of sexual arousal Module 1 Section 13 Codes and Definitions Page 2 of 12 Rohnert Park Explorer Training Program Department of Public Safety Assault with a Deadly Weapon – assault upon the person of another with 245 PC a deadly weapon or by a means of force likely to produce great bodily injury Shooting into an Inhabited Dwelling or Occupied Building – any person 246 PC who maliciously and willfully discharges a firearm at an inhabited dwelling, occupied building, occupied motor vehicle, inhabited house car, is guilty of a felony. Rape – the act of sexual intercourse accomplished against another 261 PC person’s will Unlawful Sexual Intercourse with Person Under 18 (aka Statutory Rape) – 261.5 PC an act of sexual intercourse with a person who is under 18 years of age and not the spouse of the perpetrator. Child Neglect – failure of a parent to provide necessary clothing, food, 270 PC shelter, or medical care for a minor child. Contributing to Delinquency of a Minor – commit any act which would 272 PC cause a person under the age of 18 to come within the provisions of sections 300, 601 or 602 W&I Child Abuse – endangering the life or health of a child, whether mental or 273A PC physical Spousal Battery – any person who willfully inflicts injury by physical force 273.5 PC upon his or her spouse, or upon any person with whom they cohabit, or is the mother or father of their child, whether that injury is minor or serious in nature. Child Abduction – person with right to custody, maliciously taking, 277 PC detaining, or enticing away with intent to permanently deprive Sodomy – Sexual conduct consisting of contact between the penis or one 286 PC person and the anus of another. Child Molest – lewd and lascivious act against the body of a child under 14 288 PC years old Module 1 Section 13 Codes and Definitions Page 3 of 12 Rohnert Park Explorer Training Program Department of Public Safety Oral Copulation – any person who participates in an act of oral copulation 288A PC with another person who is under 18 years of age Sex Offender Registration Act – requirement of mandatory registration in a 290 PC certain number of days with the Police Department or the Sheriff’s Office where they live or move to Indecent Exposure – willfully and lewdly exposes his or her private parts in 314 PC a public place with intent to arouse or annoy Public Nuisance – habitual noise or obstruction that is offensive to the 370 PC senses Litter – Willfully throwing or dropping of waste matter upon land or water 374 PC Disturbance of the Peace – any person who maliciously and willfully 415 PC disturbs a person by loud and unreasonable noise; any person who unlawfully fights in a public place; any person who uses offensive words (fighting words) in public that are inherently likely to provoke a violent reaction Brandishing – any person who draws or exhibits a firearm or other deadly 417 PC device in a rude or threatening manner Criminal Threats – any person who willfully threatens to commit a crime 422 PC which will result in death or great bodily injury, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, and thereby causes that person to be in sustained fear for his or her own safety or for his or her immediate family’s safety Arson – any person who maliciously and willfully sets fire to property other 451 PC than their own Burglary – any person who enters a room, dwelling, vehicle, etc. with 459 PC intent to commit theft or other felony Forgery – any person with intent to defraud, signs the name of another, or 470 PC alters a document with intent to defraud Fraud by Access Card – any person with intent to defraud, uses an access 484G PC card to purchase goods or services Module 1 Section 13 Codes and Definitions Page 4 of 12 Rohnert Park Explorer Training Program Department of Public Safety Grand Theft – theft where the value exceeds $950.00, taken from another 487 PC with the absence of force or fear, theft of a vehicle, theft of a firearm regardless of value. Petty Theft – theft where the value is $950.00 or less 488 PC Receiving Stolen Property – receiving property obtained by theft or 496 PC extortion Embezzlement – fraudulent appropriation of property by a person to whom 503 PC it was entrusted Identity Theft – unauthorized use of personal identifying information of 530.5 another person. That information is used to unlawfully obtain or attempt to obtain credit, goods, services, real property, or medical information Defrauding an Innkeeper – any person who obtains food or services 537 PC without paying Vandalism – any person who maliciously damages or destroys another’s 594 PC property Cruelty to Animals – any person who maliciously maims, wounds, or kills 597 PC an animal Trespass – entering someone else’s property without permission, or with 602 PC the intent to interfere with the business activities or entering with the intent to damage that property or refusing to leave the property after being asked to Disorderly Conduct – Prostitution – anyone who solicits or engages in any 647B PC act of prostitution Disorderly Conduct – Panhandling – anyone who loiters about a public 647C PC place for the purposes of begging or soliciting money Disorderly Conduct – Drunk in Public – anyone who is found in a public 647F PC place under the influence of alcohol Module 1 Section 13 Codes and Definitions Page 5 of 12 Rohnert Park Explorer Training Program Department of Public Safety Possession of a Switchblade Knife – every person who possesses on his 653K PC person a switchblade knife over two inches Telephone Harass – telephone calls made with the intent to harass and 653M PC annoy Failure to Appear – willfully violated a written promise to appear in court 853.7 PC Possession of Unlawful Weapon – any person who possesses any cane 12020 PC gun or any firearm which is not immediately recognizable as a firearm Possession of Firearm by a Felon – any person who has been convicted 12021 PC of a felony, or who is addicted to the use of any narcotic drug who owns or has in his or her possession any firearm is guilty of a felony. Possession of a Concealed Weapon – concealed firearm carried on the 12025 PC person or in his immediate presence B & P Codes Code Definition Possession of Hypodermic Needle 4140 BP Minor in Possession of Alcohol – any minor in possession of alcoholic 25662 BP beverage H & S Codes Code Definition Possession of Narcotic Controlled Substance – any person who carries in 11350 H&S his possession any controlled substance is guilty of a felony Transport/Sell Narcotic Controlled Substance - 11352 H&S Possession of Concentrated Cannabis - 11357 H&S Planting, Harvesting, or Processing Marijuana/Hashish 11358 H&S Possess Marijuana/Hashish For Sale 11359 H&S Possession of Dangerous Drugs – any person who carries specific 11377 H&S dangerous drugs Under the Influence of Controlled Substance – 11550 H&S Drug Registrant 11590 H&S Module 1 Section 13 Codes and Definitions Page 6 of 12 Rohnert Park Explorer Training Program Department of Public Safety W & I Codes Code Definition Dependent Child – child in need or proper parental control 300 W&I Uncontrollable Juvenile – any person under the age of 18 years who 601 W&I consistently refuses to obey the reasonable orders or direction of their parents or legal custodians Juvenile Offender – juvenile who commits crimes 602 W&I Mental Commit – any person who as a result of a mental disorder is a 5150 W&I danger to himself or others Vehicle Codes Code Definition Flight From Pursuing Peace Officer – any person who while operating a 2800 VC motor vehicle and with the intent to evade willfully flees or otherwise attempts to elude a pursuing peace officer Expired Vehicle Registration – any person who drives or parks a vehicle 4000A VC upon a public roadway without current registration Vehicle Theft – any person who drives or takes a vehicle belonging to 10851 VC another, with or without intent to permanently or temporarily deprive Vehicle Tampering – no person shall willfully injure or temper with any 10852 VC vehicle or the contents thereof or break or remove any part of a vehicle without the consent of the owner Embezzlement of Vehicle – any person who has leased or rented a vehicle 10855 VC willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired. Unlicensed Driver – no person shall at any time drive a motor vehicle upon 12500A VC the public roadways without a valid driver’s license Suspended or Revoked License – no person shall drive a motor vehicle at 14601 VC any time when their driving privilege has been suspended or revoked Felony Hit and Run – the driver of any vehicle involved in an accident 20001 VC resulting in an injury of any person other than himself has the duty to stop at the scene of the accident Misdemeanor Hit and Run – the driver of any vehicle involved in an 20002 VC accident where there is property damage has the duty to stop at the scene of that accident Basic Speed Law – no person shall drive a vehicle upon a highway at a 22350 VC speed greater than is reasonably prudent Authority to Tow Vehicle 22651 VC Module 1 Section 13 Codes and Definitions Page 7 of 12 Rohnert Park Explorer Training Program Department of Public Safety A: left on bridge or causeway obstructing traffic B: unattended on a roadway obstructing traffic C: previously stolen or embezzled D: parked blocking a driveway E: parked blocking a fire hydrant F: parked over 4 hours on freeway G: parked and driver incapacitated and unable to operate vehicle H: driver arrested I: parked without current registration and received more than 5 parking cites J: illegally parked with no plates or registration displayed K: parked over 72 hours L: parked blocking cleaning, repair or construction of highway (after posted) M: parked blocking street used for other than normal flow of traffic N: parked in violation of local ordinance when previously posted O: registration expired for six months and one day P: driver cited for being unlicensed or suspended or revoked Authority to Tow from Private Property 22658 VC Reckless Driving – any person who drives a vehicle upon a highway in a 23103 VC willful or wanton manner Throwing Substances at Moving Vehicles – any person who throws any 23110 VC substance at a moving vehicle or occupant Driving Under the Influence – it is unlawful to drive a motor vehicle under 23152 VC the influence of any drug that alters one’s ability to operate the vehicle Felony Driving Under the Influence – driving a motor vehicle under the 23153 VC influence of any drug and causing injury to another Municipal Codes Code Definition Parked, Private Property (Commercial) abandoned Vehicle 8.16.150 Construction work/equipment noise prohibited 1800 to 0800 hours 9.44.120 Discharging a firearm within city limits 9.88.010 Use of streets for storage of vehicles 10.40.050 Parking for demonstration 10.40.060 Permit parking area, no valid permit displayed (M section) 10.50.080 Water waste 13.04.030 Storage of vehicle on private property 17.08.110 Terminology Definitions Module 1 Section 13 Codes and Definitions Page 8 of 12 Rohnert Park Explorer Training Program Department of Public Safety Code or Term Definition Persons convicted of certain types of sex and 290 PC/11590 H&S narcotic crimes are required to report their Registrants whereabouts even after release from prison or jail. Registration requirement means that the subject must register (fingerprinted and photographed) with the agency within whose jurisdiction they resides. They must also notify that agency anytime they change address, and if they move to another jurisdiction, they must "Re- Register" with the new law enforcement agency. A teletype copy of an original warrant - sufficient Abstract for arrest. See 245 PC ADW (245 PC) An order signed by a judge to arrest a named Arrest Warrant person. See 240 PC Assault (240 PC) See 242 PC Battery (242 PC) Driving with no lights Blacked Out See 459PC Burglary (459 PC) Usually involved injury to a child Child Abuse Usually involves lack of providing for child welfare Child Neglect Keeping custodial parent from the child Child Stealing An arrest made by a citizen who witnessed a Citizen Arrest (837 PC) misdemeanor crime An arbitration having to do with individual private Civil Matter rights that are not governed by criminal law Drunk driver Deuce Disposition Dispo See 503 PC Embezzled (503 PC) Any material that is secured at the scene of a Evidence crime or subsequent investigation that is impounded by a law enforcement agency to assist in presenting a case for prosecution Failure to appears upon signature promise to FTA appear Failure to pay fine as promised FTP A crime punishable by imprisonment in a state Felony prison Terminology required in fire reports. Means the Fire Under Control fire is under control. See 470 PC Forgery (470 PC) Fraud is the taking of an individuals’ property Fraud through trickery, deceit, or other covert ways. To be determined as a crime, the intention must be Module 1 Section 13 Codes and Definitions Page 9 of 12 Rohnert Park Explorer Training Program Department of Public Safety determined to be the “depriving” of the victim or his property A traffic collision where at least one driver leaves Hit & Run the scene without attempting contact with the other vehicle or the police See 187 PC Homicide (187 PC) Placing a vehicle/property in a secure location Impound under the control of the law enforcement agency. Property impounded may only be recovered by the party from which it was removed by obtaining a release from the law enforcement agency that removed it or an order from a court of jurisdiction A vehicle towed for investigation of a crime (only Impounded Vehicle released after police authorization) See appropriate section under the Arrest In-Custody Package Package Guidelines Matrix – can be a DL, Criminal History, etc. Unit pursuing a vehicle failing to yield for “red In Pursuit lights and sirens” A minor violation punishable by fine only. Infraction Interfering is another person attempted to Interfering interfere or resist the arrest in behalf of someone else. A minor under the age of 18 Juvenile See 207 PC Kidnap Via telephone Land wire/ Landline Anyone between the ages of 18 and 20 as relates Minor to alcohol violations th 4 Amendment rights pertaining to criminal Miranda questioning A crime punishable by fine and/or imprisonment Misdemeanor in county jail See 187 PC Murder Aid of another public agency Mutual Aid Own Recognizance, released on a promise to re- O.R. appear See “In-Custody Package” Package A period of time after a person is released from Parole state custody, who must abide by the directives of a parole order The use of the “Person” mask in CLETS to check Person Check a person for driver’s license status and wants/warrants Prior record of arrest for the same offense Priors Reasonable cause based on fact that a person Probable Cause has committed a crime Module 1 Section 13 Codes and Definitions Page 10 of 12 Rohnert Park Explorer Training Program Department of Public Safety A hold or warrant type order usually ordering a Probation Want juvenile detained for juvenile authorities. An arrest warrant issued by a judge or magistrate Ramey Warrant before the prosecutor has filed formal charges. A criminal history summary generated by the Rap Sheet/ Criminal History Department of Justice with contributions from all law enforcement agencies and courts that indicate the criminal records of any individual who has been arrested for a “retainable offense” See 148 PC – Resisting arrest is any attempt to Resisting prevent the arrest or placing in custody of a person. Action taken by the DMV to end a driving Revoked License privilege. Registered owner of a vehicle R/O See 211 PC Robbery An order signed by a judge to search a location, Search Warrant person, or item. Window jimmy or door locking device Slim Jim The distinction between something that is stolen Stolen in contrast to being embezzled is determined by the manner in which the crime is accomplished. Stolen is the removal of property without the permission of the owner to permanently or temporarily deprive him of the vehicle Placing in a safe location, usually for safekeeping Stored A vehicle towed as abandoned, traffic hazard, Stored Vehicle driver arrested or injured, etc. (Can be released to R/O with proof of ownership.) An order demanding the presence of someone in Subpoena a court or law. A legal document issued that mandates the individual served with a subpoena to attend the court on the date and time indicated. Failure to comply with this legal order can result in a “contempt of court” finding. Criminal subpoenas are usually served by the Marshal’s Office or a law enforcement agency that serves the court. Civil subpoenas may be served by Marshals, attorneys, or, in some cases, one of the parties of the court action. To be valid, a subpoena must be served on the individual in person, or, in our case, accepted by an authorized agent, and the person serving must indicate who was served, the date and time, and return the court copy of the subpoena to the court clerk. Module 1 Section 13 Codes and Definitions Page 11 of 12 Rohnert Park Explorer Training Program Department of Public Safety Action taken by the DMV to withhold driving Suspended License (14601 VC) privileges for a period of time pending violation litigation Theft is the unlawful taking of property. Generally Theft speaking, if the value is under $950, it is petty theft (488 PC), and over $950 in value, it is grand theft (487 PC). However, there are many exceptions to the general rule. County map book (no longer used or published) Thomas Brothers A write or order signed by a judge to order Warrant something to be done. A warrant is a legal order signed by a judge that authorizes any law enforcement officer who contacts the subject named in the warrant to place him under arrest or detain him for the charges specified in the warrant until the warrant conditions are met. An officer may attempt to serve the individual only Warrant - Day Services Only during normal day-time hours at this home or place of business (0600-2200 hours). ***This condition does not affect a situation where the individual has been stopped on the street or other public place. The officer must assign the individual an actual Warrant – Mandatory appearance date even if the subject pays bail. Appearance The officer also has the option, if he feels the subject will not appear, to book in county jail Once the bail has been received by the court, the Warrant – Bail May Be Forfeited warrant will be recalled and the case closed. No further action will result. Since it is not possible to transmit an official court Warrant Abstract order with any speed via the mails, the computer has been used for this purpose. No individual may be arrested on a warrant unless the officer has the specific document in his possession* Since a computerized warrant is acceptable, this warrant summary is called a “warrant abstract” or simply and “abstract”. To be a valid arrest abstract, it must contain all of the pertinent information on the original warrant. Module 1 Section 13 Codes and Definitions Page 12 of 12