RBC Test 2Questions & Answers With Complete Solution

459 PC - Answer Burglary (Felony) Elements: 1) entry to a building or specified structure 2) with the intent to commit 3) theft or any felony. 211 PC - Answer Robbery (Felony) Elements: 1) Taking of personal property in the possession of another 2) from his person or immediate presence 3) and against his will 4) accomplished by means of force or fear 242 PC - Answer Battery (Misdemeanor) -Every battery contains the lesser charge of assault.* Elements: 1) Any willful and unlawful 2) Use of force or violence 3) On the person of another 496(a) PC - Answer Receiving stolen property (misdemeanor unless $950+) Elements: 1) Every person who knowingly 2) Buys, receives, conceals, sells, withholds or 3) Aids in concealing, selling or withholding, 4) Any property obtained by theft or extortion 594 PC - Answer Vandalism (Wobbler, Felony if $400 or more) Elements: 1) Malicious intent 2) To deface with graffiti or other inscribed material or 3) Damage or 4) Destroy 5) Personal or real property not their own 10851 VC - Answer Vehicle theft (Felony) Elements: 1) The driving or taking of 2) A vehicle not the person's own 3) Without consent 4) With intent to temporarily or permanently deprive the owner 5) Of title or possession of such vehicle 537 PC - Answer Defrauding an innkeeper (wobbler, Felony if over $950) Elements: 1) The obtaining of 2) food, services, or accommodations 3) At a designated facility without paying 4) With intent to defraud the proprietor or manager 451 PC - Answer Arson (Felony) Elements: 1) willfully and maliciously 2) sets fire to or burns or causes to be burned or 3) aids, counsels, or procures the burning of 4) any structure, forestland, or property. 487(d)(1) PC - Answer Grand theft (felony) (d) When the property taken is any of the following: (1) An automobile. (2) A firearm. 484 PC - Answer Petty Theft (Misdemeanor) Elements: 1) the taking and 2) carrying away of 3) personal property of another 4) without consent 5) with intent to permanently deprive the owner 487 PC - Answer Property value exceeding $950 (Penal Code Section 487(a)). Agricultural products exceeding $250*** (e.g., domestic fowl, fruit, nuts, vegetables, etc.) (Penal Code Section 487(b)(1)(A)) Aquacutural products exceeding $250*** (e.g., fish, algae, etc.) (Penal Code Section 487(b)(2)) Property taken over a 12 consecutive month period totaling $950 or more and taken by a servant, agent or employee of the owner (Penal Code Section 487(b)(3)) 487(d) When the property taken is any of the following: (1) An automobile. (2) A firearm. 245 PC - Answer Assault w/ deadly weapon (Felony) Elements: 1) Unlawful attempt, and 2) The present ability 3) To commit a violent injury 4) Upon the person of another 5) By the use of a deadly weapon 6) Or force likely to produce great bodily injury Murder vs. Manslaughter - Answer (187 PC) Murder is killing someone with malice aforethought (evil intent). 192 PC) Manslaughter is done without malice aforethought, in the heat of passion. Vehicular manslaughter - Answer Gross negligence while intoxicated (191.5(a) - Felony) Gross negligence while not intoxicated (192(c)(1) - Felony) Ordinary negligence while intoxicated (192(c)(3) - Felony) Ordinary negligence while not intoxicated (192(c)(2) - Misdemeanor) Officer's responsibilities at a 187 PC - Answer 1) Check for life. 2) Conduct a protective sweep. 3) Contain the crime scene. 4) Preserve Crime Scene. 5) Identify and detain witnesses Dependent Adult - Answer Any person who is between the ages of 18 and 64 who has physical or mental limitations which restrict their ability to carry out normal activities or protect their rights. Who can care for a dependent adult - Answer Any person who is in position of trust. 187 PC - Answer Murder (Felony) Elements: 1) Unlawful killing of a human being or fetus 2) With malice aforethought Malice Aforethought - Answer 1) Expressed: intent to kill. 2) Implied: not intending to kill, but there is a conscious disregard for life. Felony Murder Rule - Answer Malice aforethought is implied if the crime in which a person died is: arson - rape - robbery - carjacking - burglary - kidnapping - mayhem - drive by shooting - train wrecking.