I. ASSAULT AND BATTERY
A. In General.
1. Nature of Crimes.
(a) [§1] Definitions.
(b) [§2] Relationship Between Assault and Battery.
(c) [§3] Classification of Offenses.
(d) [§4] Similar Offenses.
(e) [§5] Offenses Against Public Safety Providers.
2. Assault.
(a) [§6] Unlawful Attempt.
(b) Present Ability.
(1) [§7] Necessity.
(2) [§8] Present Possibility Distinguished.
(3) [§9] Unloaded Gun.
(c) [§10] Identifiable Victim Not Required.
(d) [§11] No Crime of Attempted Assault.
3. Battery.
(a) Force or Violence.
(1) [§12] In General.
(2) [§13] Direct or Indirect.
(b) [§14] Wilful and Unlawful.
B. Misdemeanors.
1. [§15] Simple Assault or Battery.
2. Offenses by or Against Specific Persons.
(a) Offenses Against Public Safety Providers.
(1) [§16] Nature of Offense.
(2) [§17] Peace Officer Acting as Security Guard.
(3) [§18] Injury Not Required.
(b) [§19] Battery on Spouse, Cohabitant, or Other Intimate.
(c) [§20] Offenses Against Other Specified Persons.
(d) [§21] Offenses by Youth Authority Inmate.
3. Offenses Committed at Specific Places.
(a) [§22] School or Park.
(b) [§23] Hospital.
4. Offenses Committed by Specific Means.
(a) [§24] Putting Offensive Substance in Public Place.
(b) [§25] Shining Bright Device at Aircraft.
5. [§26] Sexual Battery.
C. Felonies and Felony-Misdemeanors.
1. [§27] In General.
2. Assault With Intent To Commit Felony.
(a) [§28] In General.
(b) [§29] Attempt Distinguished.
(c) Intent To Rape.
(1) [§30] In General.
(2) [§31] Resistance.
(3) [§32] Voluntary Abandonment.
(4) [§33] Showing Sufficient.
(5) [§34] Showing Insufficient.
3. Assault With Force Likely To Produce Great Bodily Injury.
(a) [§35] In General.
(b) [§36] Nature of Offense.
(c) [§37] Relevance of Victim's Injuries.
(d) [§38] Simple Battery Distinguished.
4. [§39] Battery With Serious Bodily Injury.
5. Assault Committed by Specific Means.
(a) Assault With Deadly Weapon.
(1) [§40] In General.
(2) [§41] Nature of Offense.
(3) What Intent Is Necessary.
(aa) [§42] General Rule.
(bb) [§43] General Intent Sufficient.
(cc) [§44] Negligence Not Sufficient.
(dd) [§44A] (New) Knowledge Requirement.
(4) [§45] What Constitutes Attempt.
(5) What Constitutes Deadly Weapon.
(aa) [§46] Determination of Issue.
(bb) [§47] Illustrations.
(b) Discharge of Firearm, Laser, Taser, or Stun Gun.
(1) [§48] Discharge of Firearm in Grossly Negligent Manner.
(2) [§49] Discharge of Firearm at Building or Vehicle.
(3) [§50] Discharge of Firearm From Vehicle.
(4) [§51] Discharge of Firearm or Laser at Aircraft.
(5) [§52] Assault With Stun Gun or Taser.
(c) Assault With Chemicals or Drugs.
(1) [§53] Caustic Chemicals.
(2) [§54] Stupefying Drugs.
(d) [§55] Putting Offensive Substance in Public Place.
6. Offenses by Specific Persons.
(a) [§56] Assault by Public Officer.
(b) Assault or Battery by Convict.
(1) [§57] Assault Against Noninmate.
(2) Assault by Life Prisoner.
(aa) [§58] In General.
(bb) [§59] Definition of Life Prisoner.
(cc) [§60] Malice.
(3) [§61] Assault by Prisoner for Less Than Life.
(4) [§62] Battery by Gassing.
7. Offenses Against Specific Victims.
(a) Injury to Spouse, Cohabitant, or Fellow Parent.
(1) [§63] In General.
(2) [§64] Definitions.
(b) Offenses Against Public Safety Providers.
(1) [§65] Assault on Peace Officer or Firefighter.
(2) [§66] Battery on Public Safety Provider.
(3) [§67] Assault or Battery on Other Providers.
(4) Performance of Duty.
(aa) [§68] As Element of Offense.
(bb) [§69] Effect of Unlawful Arrest.
(c) Offenses Against Other Specified Persons.
(1) [§70] Governmental Officers.
(2) [§71] Jurors.
(3) [§72] Transportation Personnel and Passengers.
(4) [§73] School Employees.
8. Sexual Battery.
(a) [§74] In General.
(b) [§75] Definitions.
(c) [§76] Unlawful Restraint.
II. FALSE IMPRISONMENT
A. In General.
1. [§77] Nature of Crime.
2. [§78] Similar Offenses.
3. [§78A] (New) Human Trafficking.
B. Felony False Imprisonment.
1. [§79] In General.
2. [§80] Means.
3. [§81] False Imprisonment of Hostage.
C. Confinement.
1. [§82] In General.
2. [§83] Unlawfulness of Confinement.
III. MAYHEM
A. [§84] In General.
B. [§85] Malice.
C. [§86] Permanent Maiming or Disfigurement.
D. [§87] Aggravated Mayhem.
IV. TORTURE
A. [§88] In General.
B. [§89] Intent.
C. [§90] Constitutionality.
V. HOMICIDE
A. In General.
1. Nature and Classification.
(a) [§91] Crimes Included.
(b) [§92] Reason for Distinctions in Degrees of Murder.
(c) [§93] Causation.
2. [§94] Determination of Death.
3. [§95] Termination of Life Support.
4. Killing of Unborn Child.
(a) [§96] In General.
(b) [§97] Definition of Fetus.
(c) [§98] No Manslaughter of Fetus.
5. [§99] Killing of Child by Custodian.
6. [§100] Murder by Life Prisoner.
7. [§101] Suicide.
B. First Degree Murder.
1. [§102] In General.
2. Premeditation and Deliberation.
(a) [§103] Nature of Requirement and Earlier Cases.
(b) [§104] Intent Alone Is Not Sufficient.
(c) [§105] Mature Reflection Requirement Eliminated.
(d) Anderson Case.
(1) [§106] Anderson Standards.
(2) Standards as Guides to Analysis.
(aa) [§107] In General.
(bb) [§108] Illustrations.
(e) Evidence To Negate Mental State.
(1) [§109] General Principles.
(2) [§110] No Reduction to Nonstatutory Manslaughter for Mental Disorder or Voluntary Intoxication.
(3) [§111] Burden of Proof.
(f) Showing Sufficient.
(1) [§112] Decisions Before Anderson.
(2) [§113] Decisions After Anderson.
(g) [§114] Showing Insufficient.
3. Killing by Lying in Wait.
(a) [§115] Form of Premeditated Murder.
(b) Concealment.
(1) [§116] In General.
(2) [§117] Concealment by Disguise.
(3) [§118] Concealment of Purpose.
(4) [§119] Showing Insufficient.
(c) [§120] Period of Waiting.
(d) [§121] Surprise Unnecessary.
4. Killing by Torture.
(a) Nature of Crime.
(1) [§122] Intent Required.
(2) [§123] Classification as First Degree Murder.
(b) What Constitutes Killing by Torture.
(1) Necessary Elements.
(aa) [§124] In General.
(bb) [§125] Probability of Death.
(2) [§126] Necessary Proof.
(3) [§127] Nonelements.
(c) [§128] Showing Sufficient.
(d) [§129] Showing Insufficient.
5. [§130] Killing by Poison.
6. [§131] Killing by Destructive Device or Explosive.
6A. [§131A] (New) Killing by Weapon of Mass Destruction.
7. [§132] Killing by Armor-Piercing Ammunition.
8. [§133] Drive-by Murder.
9. Killing by Perpetration of Felony.
(a) Nature of Felony-Murder Doctrine.
(1) [§134] In General.
(2) [§135] Proof Required.
(3) [§136] Application of Doctrine.
(4) [§137] Criticism of Doctrine.
(b) [§138] Specific Intent To Commit Felony.
(c) Connection Between Felony and Killing.
(1) [§139] Continuous Transaction.
(2) Killing While Attempting To Escape.
(aa) [§140] General Rule.
(bb) [§141] Place of Temporary Safety.
(cc) [§142] Rule Extended to Burglary.
(dd) [§142A] (New) Rule Extended to Sex Offenses.
(3) [§143] Death Need Not Be Foreseeable.
(4) [§144] Connection Insufficient.
(5) [§145] Felony That Is Integral Part of Homicide.
(d) [§146] Victim Not Object of Felony.
(e) Killer Other Than Defendant.
(1) [§147] Limited Application of Felony-Murder Doctrine.
(2) Liability Independent of Felony-Murder Doctrine.
(aa) [§148] Governing Principles.
(bb) [§149] Jury Instruction.
(cc) [§150] Where Conduct of Defendant or Accomplice Provokes Resistance.
(dd) [§151] Sufficient Showing of Provocative Act.
(ee) [§152] Insufficient Showing of Provocative Act.
(ff) [§153] Where Accomplice Is Responsible for Own Death.
(gg) [§154] Liability for Death of Coconspirator.
(hh) [§155] Use of Victim as Shield.
(3) [§156] Where Defendant Joins Felonious Enterprise After Killing.
(f) Illustrations.
(1) [§157] Rape.
(2) [§158] Robbery.
(3) [§159] Burglary.
(4) [§160] Mayhem.
(5) [§161] Arson.
(6) [§162] Lewd Act With Child.
C. Second Degree Murder.
1. [§163] In General.
2. [§164] Punishment.
3. Malice Aforethought.
(a) [§165] Difficulty of Definition.
(b) Elements and Distinctions.
(1) [§166] In General.
(2) [§167] Qualifying States of Mind.
(3) [§168] Application.
(c) Evidence To Negate Mental State.
(1) [§169] In General.
(2) [§170] Restrictions on Evidence.
4. Intent To Kill.
(a) [§171] Insufficient Proof of Premeditation.
(b) [§172] Insufficient Provocation or Passion.
5. [§173] Intent To Injure.
6. Killing in Perpetration of Felony.
(a) [§174] In General.
(b) [§175] Restrictions on Scope of Doctrine.
(c) Felony Inherently Dangerous to Life.
(1) Nature of Requirement.
(aa) [§176] In General.
(bb) [§177] High Probability of Death.
(2) Felony Evaluated in the Abstract.
(aa) [§178] In General.
(bb) [§179] Statute Including Multiple Offenses.
(3) [§180] Inherently Dangerous Felonies.
(4) Felonies Not Inherently Dangerous.
(aa) [§181] Escape.
(bb) [§182] False Imprisonment.
(cc) [§183] Unlicensed Practice of Medicine.
(dd) [§184] Grand Theft From the Person.
(dd-1) [§184A] (New) Fleeing Police Officer With Wilful or Wanton Disregard for Safety of Persons or Property.
(ee) [§185] Other Felonies.
(d) Merger Doctrine.
(1) [§186] Application in Assault Cases.
(2) [§187] Rejection in Nonassault Cases.
(3) [§188] Child Abuse Cases.
(4) Decisions Allowing Application of Felony-Murder Doctrine.
(aa) [§189] Narcotics.
(bb) [§190] Poisons.
(cc) [§191] Kidnaping.
(e) Liability Independent of Felony-Murder Doctrine.
(1) Provocative Act Murder.
(aa) [§192] Underlying Felony Is Provocative Act.
(bb) [§193] Gun Battle.
(2) [§194] Killing by Unconscious Agent.
7. Act Involving Risk of Injury or Death.
(a) [§195] Theory of Unintentional Murder.
(b) [§196] Nature of Implied Malice.
(c) [§197] Homicide by Omission.
(d) [§198] Test for Foreseeability of Consequences.
(e) [§199] Malice Implied From Commission of Act.
(f) [§200] Weapon Likely To Produce Death.
(g) [§201] Battery With Fists.
(h) Vehicular Homicide.
(1) [§202] In General.
(2) [§203] No Preemption by Vehicular Manslaughter Statute.
(3) [§204] Evidence of Voluntary Intoxication.
(4) [§205] Showing Sufficient.
8. [§206] Unlawful Killing Under Uncertain Circumstances.
D. Manslaughter.
1. [§207] In General.
2. Voluntary Manslaughter.
(a) Nature of Crime and Distinctions.
(1) [§208] In General.
(2) Murder and Voluntary Manslaughter.
(aa) [§209] Absence of Malice.
(bb) [§210] Imperfect Self-Defense.
(bb-1) [§210A] (New) Imperfect Defense of Others.
(cc) [§211] Diminished Capacity.
(3) [§212] Voluntary Manslaughter and Excusable Homicide.
(b) Provocation.
(1) [§213] Nature of Requirement.
(2) [§214] Acts Constituting Provocation.
(3) [§215] Acts Rarely Constituting Provocation.
(4) [§216] Words or Gestures.
(c) Heat of Passion.
(1) [§217] Nature of Requirement.
(2) [§218] Illustrations.
(3) [§219] When Passion Has Cooled.
3. Involuntary Manslaughter.
(a) Killing in Commission of Misdemeanor.
(1) [§220] In General.
(2) [§221] Limitations.
(3) [§222] Illustrations.
(4) [§223] Necessity of Criminal Intent.
(b) [§224] Killing in Commission of Nondangerous Felony.
(c) [§225] Killing in Commission of Dangerous Felony Without Malice or Intent.
(d) Negligent Killing: Nonvehicle Cases.
(1) Necessity of Criminal Negligence.
(aa) [§226] Lack of Due Caution and Circumspection.
(bb) [§227] Ordinary Negligence Test Rejected.
(2) Negligent Handling of Firearms.
(aa) [§228] In General.
(bb) [§229] Giving Gun to Another.
(cc) [§230] Illustrations.
(3) [§231] Other Negligent Acts.
(4) Negligent Omissions.
(aa) [§232] In General.
(bb) [§233] Conviction Affirmed.
(cc) [§234] Conviction Reversed.
4. Vehicular Homicide.
(a) [§235] Former Law of Negligent Homicide.
(b) Manslaughter Statute.
(1) [§236] In General.
(2) [§237] Punishment.
(b-1) [§237A] (New) Vehicular Manslaughter While Intoxicated.
(c) Gross Vehicular Manslaughter While Intoxicated.
(1) [§238] In General.
(2) [§239] Gross Negligence.
(3) [§240] Punishment.
(d) [§241] Causation and Contributory Negligence.
(e) Gross Negligence.
(1) [§242] Jury Instruction.
(2) [§243] Mental State.
(3) [§244] Illustrations.
(f) [§245] Unlawful Act or Unlawful Manner.
VI. KIDNAPING
A. Simple Kidnaping.
1. [§246] Nature of Crime.
2. [§247] Punishment.
3. Elements of Basic Offense.
(a) [§248] In General.
(b) Asportation.
(1) [§249] Nature of Requirement.
(2) [§250] Movement Incidental to Another Crime.
(3) [§251] Movement Required.
(c) [§252] Intent.
(d) Force or Fear.
(1) [§253] Element of Offense.
(2) [§254] Subsequent Restraint Sufficient.
4. [§255] Other Kinds and Related Offenses.
B. Aggravated Kidnaping.
1. [§256] In General.
2. Kidnaping for Robbery.
(a) [§257] In General.
(b) Specific Intent.
(1) [§258] In General.
(2) [§259] Kidnaping To Escape.
(c) Asportation.
(1) Former Law.
(aa) [§260] Detention Without Asportation.
(bb) [§261] Short Distance Sufficient.
(2) Substantial Movement With Increased Risk of Harm Required.
(aa) [§262] Daniels Case.
(bb) [§263] Later Developments.
(3) [§264] Evidence Sufficient.
(4) [§265] Evidence Insufficient.
3. Kidnaping for Extortion or Ransom.
(a) [§266] In General.
(b) Bodily Harm.
(1) [§267] Serious Harm Present.
(2) [§268] Injury Not Constituting Bodily Harm.
(3) [§269] Causation.
(4) [§270] Intent.
(c) [§271] Substantial Likelihood of Death.
(d) [§272] Detention Without Asportation.
(e) [§273] Distinction: Restraint Incidental to Robbery.
4. Kidnaping To Commit Sex Offense.
(a) [§274] In General.
(b [§275] Substantial Movement Increasing Risk of Harm Required.
5. [§276] Kidnaping To Facilitate Carjacking.
C. [§277] Attempted Kidnaping.
D. [§278] Representations To Obtain Ransom.
VII. CHILD ABDUCTION
A. [§279] In General.
B. [§280] Nature of Crimes.
C. [§281] Proof of Intent.
D. [§282] Bases for Jurisdiction.
E. [§283] Protective Custody.
F. [§284] Bail.
G. Abduction by Person Without Right of Custody.
1. [§285] Statutory Provision.
2. [§286] Taking by Parent.
3. [§287] Taking by Unwed Father.
H. Deprivation of Custody or Visitation.
1. [§288] Former Law.
2. [§289] Current Statute.
3. [§290] Deprivation of Custody or Visitation Required.
4. [§291] Exceptions.
I. [§292] Factors in Aggravation and Mitigation.
J. [§293] Removing or Concealing Child During Adoption Proceeding.
VIII. STALKING
A. [§294] In General.
B. [§295] Definitions.
C. [§296] Punishment.
D. [§297] Protective Order.
E. [§298] Notification of Release or Escape.