Define: Child Harm injury or Endangerment (273a)
willfully causing or permitting any child to suffer, inflicting unjustifiable pain or mental suffering or allowing a child in your custody to be placed in a situation where his or her health is in danger ---conditions likely to case great bodily harm or death to the child 273a(a) - (felony) --- conditions OTHER than those likely to cause great bodily injury 273a(b) - (misdemeanor) --- assault on a child under the age of 8 which results in death 273ab - (felony)
Define: physical abuse of a child (273d)
willfuly inflicts any cruel or inhuman, corporal punishment or any injury resulting in a traumatic condition - (felony) however specific specific intent to cause injury is not a requirement of this crime, it may be enough to prove criminal negligence
Define: lewd and lacivious acts with a child
willfuly committinglewd or lacivious act upon the body of a child with the purpose of arousing, apealing to, or gratifying one's sexual desire or those of the child when the child is under 14 or the child is 14 or 15 and the suspect is 10 or more years older than the victim - Note: a sexual part does not need to be touched. the act must be sexual in nature to arouse either the suspect or the child. need not be bare skin touched and also includes victims being compelled to touch themselves (felony)
What are the specific rules for the crime of lewd and lacivious acts with a child 288?
13 or under touching by anyone - 14 or 15: sexual touching when the suspect is 10 or more years older than victim - 16 or 17 other crimes may apply.
Define Lewd Act
on which is committed with a disregard of social constraints
Define: lascivious act
any act that has a tendency to excite lust
Define: Annoying or Molesting Children
anoying or molesting a child under the age of 18, touching is not necessary not nessessary to prove that they intended to annoy or molest the child just that they inteded to do the act (647.6) -(felony)
what are the specific rules for Annoying or Molesting Children?
commits an act after entering an inhabited house or dwelling without consent (647.6(b) - arrest with prior conviction (647.6( c)(1)) - the subject commits the act and has a prior felony convition under 288 or PC311.4 use of a child for pornography - all of these are felonies
Define: possession of child pornography
knowingly possesses or controls any matter that shows a child under the age of 18 engaging in or simulating sexual conduct. (311.11) (felony)
Define: Unlawful Sexual intercourse
sexual intercourse with a minor under the age of 18 who is not the spouse of the perpetrator - 3 years or less difference in age (misdemeanor) - more than three years (felony)
Who is mandated under PC11166 to child abuse or respected child abuse?
child care custodians(including teachers and peace officers) - both medical and non medical practicioners - employees of child proctection agencies - child visitation monitors - firefighters - clergy (except when in confessional) - animal control officers - humane society officers - commercial film processors
Penal Code 11167 says what?
ensures that the identity of a person reporting child abuse shall be kept confidential. Only CPS, counsel representing a CPS agency, DA in a criminal prosecution
Penal Code 11167.5 says....
failure to to maintain the confidentiality of the identity of a reporter of child abuse (misdemeanor)
what does a peace officer need to be able to enter a residence without a warrant
exigent circumstances or valid consent from the occupant
what are exigent circumstances
immenent danger to a persons life or safetyserious danamge to property, imminent escape of the subject or evidence is going to to be destroyed or removed.
Define: Child Abuse
(PC 11165.6) child abuse is a physical injury inflicted by other than accidental means on a child by another person, expands further to include sexual abuse of a child, neglect, willfully or unjustifiable punishment of a child, unlawful corporal punishment or injury or neglect or abuse in out-of-home care
what can be classified as physical child abuse?
excessive spanking, punching, slapping or kicking, twisting limbs, burning, biting, cutting. Poking.
Define: Felony child neglect.
willfully causing a child to suffer underconditions likely to cause serious body injury, or placing a child in a situation or place where his or her health is in danger
define Temporary Protective Custody of a child
Peace officers have the authority to take a minor into temporary protective custody if the minor has suffered or is at substantial risk of suffering nonaccidental serious physical harm, by the minors parent or guardian
what things should officers be aware of when conducting an inerview with w child victim.
maintain control of the interview, take the time to build rapport with the child and gain the child's confidence, use communication techniques that are sppropriet for the childs age and maturity - gather information regarding "who""what""when""where""why""