ANSWERS
Question 1
Two men argued over the final results of a football game. The first man, believing his friend was
ignorant, spat at him. The spittle landed on the friend's shirt, but caused no physical injury. What
crime has occurred?
A) Assault
B) Battery
C) Disturbing the Peace
D) Assault with force likely to produce GBI
E) No crime because there was no injury
Correct Answer: B) Battery
Rationale: Per Penal Code Section 242, battery is any willful and unlawful use of force or
violence upon the person of another. The law does not require that the victim suffer pain or
injury; the "touching" or "contact" itself, even through clothing (like spitting on a shirt),
constitutes the crime.
Question 2
A woman sees her boyfriend with another woman at a bar and strikes him on the head. He falls,
hits his head on the floor, and is knocked unconscious. What is the most appropriate
classification for this crime?
A) Simple Battery
B) Assault with a deadly weapon
C) Battery causing/inflicting serious bodily injury
D) Involuntary Manslaughter
E) Simple Assault
Correct Answer: C) Battery causing/inflicting serious bodily injury
Rationale: When a battery results in "serious bodily injury" (SBI), such as loss of
consciousness, concussion, or bone fracture, the crime is elevated to a felony under PC
243(d). The act was a willful application of force that resulted in a significant physical
injury.
Question 3
During a heated argument at a baseball game, a man swings a bat at another man’s head. The
second man ducks and is not touched. The first man claims he only committed simple assault. Is
this correct?
A) True, because no contact was made
B) True, because a bat is sports equipment, not a weapon
C) False, it is Battery because of the "threat" of contact
D) False, it is Assault with a Deadly Weapon
E) False, it is Attempted Murder
Correct Answer: D) False, it is Assault with a Deadly Weapon
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Rationale: Penal Code 245(a)(1) defines assault with a deadly weapon. A baseball bat, while
not a weapon by design, becomes one when used in a manner capable of producing Great
Bodily Injury (GBI). The crime of assault is the attempt, and the use of the bat elevates it to
a felony regardless of whether the victim was actually hit.
Question 4
A man stabs another man in the arm with a knife during a bar fight. What crime has been
committed?
A) Simple Assault
B) Battery
C) Assault with a deadly weapon
D) Attempted Murder
E) Brandishing a weapon
Correct Answer: C) Assault with a deadly weapon
Rationale: Using a knife to stab someone satisfies the elements of PC 245. It is an unlawful
attempt, coupled with present ability, to commit a violent injury upon the person of
another with a deadly weapon.
Question 5
Four men shove a victim to the ground in a gang-populated area and kick him until he is
unconscious. The officer arrests them for assault with a deadly weapon. Is this appropriate?
A) No, because no weapon (like a knife or gun) was used
B) Yes, because hands and feet can be considered deadly weapons
C) Yes, because they committed assault with force likely to produce great bodily injury
D) No, it should only be simple battery
E) No, it should be a hate crime
Correct Answer: C) Yes - The four committed assault with force likely to produce great
bodily injury.
Rationale: PC 245 also covers assaults committed "by any means of force likely to produce
great bodily injury." Kicking a person in the head or body until they are unconscious
constitutes force likely to produce GBI, which is a felony element of the statute.
Question 6
A caretaker for a paraplegic adult steals a wad of money from the patient's dresser after finishing
daily tasks. What crime has occurred?
A) Petty Theft
B) Grand Theft
C) Robbery
D) Dependent Adult Abuse
E) Burglary
Correct Answer: D) dependent adult abuse
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Rationale: Under PC 368, theft from a dependent adult by a caretaker is classified as
dependent adult abuse. While it is a theft, the relationship and the status of the victim as a
dependent adult trigger this specific statute. The value of the money will determine if it is a
felony or misdemeanor.
Question 7
A frustrated daughter hits her 67-year-old senile mother with a hairbrush after the mother
repeatedly asked to have her hair brushed. What crime has been committed?
A) No crime, it is a family matter
B) Simple Battery
C) Assault
D) Elder Abuse
E) Child Abuse
Correct Answer: D) elder abuse
Rationale: PC 368 applies to "elders" (anyone 65 or older). Inflicting physical pain or
mental suffering on an elder, especially when the suspect is a caregiver or family member,
constitutes elder abuse.
Question 8
A driver picks up a hitchhiker, but refuses to drop him off at the requested location. Against the
hitchhiker's protests, the driver takes him to a different location and refuses to let him out. What
crime is this?
A) False Imprisonment
B) Kidnapping
C) Abduction
D) Unlawful Restraint
E) No crime if the hitchhiker entered voluntarily
Correct Answer: B) kidnapping
Rationale: PC 207 defines kidnapping as moving a person a "substantial distance" by force
or fear. Even if the initial entry was consensual, kidnapping occurs if consent is withdrawn
and the person is thereafter moved or prevented from leaving through force or fear.
Question 9
A man grabs a coworker, shoves her into his car against her will, locks the doors, and drives her
across state lines after she refuses a date. This is:
A) False Imprisonment
B) Kidnapping
C) Stalking
D) Simple Assault
E) Misdemeanor abduction
Correct Answer: B) kidnapping