Term
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Definition
| positive cooperation in act or attitude pursuant to an exercise of free will.In other words, consent means agreeing to an action freely and voluntarily and with knowledge of the nature of the act or transaction involved |
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Term
| At what age is someone legally able to give consent? |
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Definition
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Term
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Definition
| A victim’s compliance with a sexual act does not mean consent. A victim, who in no way consents, may comply with an attacker to avoid further injury or perceived harm to self or others. |
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Term
| Against a person’s will means? |
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Definition
| without the consent of the person |
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Term
| Threatening to retaliate means? |
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Definition
| a threat to kidnap or falsely imprison, inflict extreme pain, serious bodily injury, or death. (Penal Code Section 289(1)) |
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Term
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Definition
| any threat, declaration, or act which shows an intention to inflict injury upon another. (Penal Code Section 261 |
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Term
| Duress (force or fear) means |
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Definition
| means direct or implied threat of force, violence, danger, hardship, or retribution sufficient to coerce a reasonable person of ordinary susceptibility to perform an act to which one would otherwise not have submitted. (Penal Code Section 261) |
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Term
| Victim cannot give consent under the law in what circumstances. |
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Definition
| When the victim is incapable due to mental disorder, or development, physical disability. Also if they are under 18 |
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Term
| Victim can normally give consent, but is considered not to have done so |
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Definition
When the victim is unconscious of the nature of the act because the victim is:
- unconscious or asleep,
- not aware, knowing, perceiving, or cognizant that the act occurred, or
- not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the person’s fraud (in fact).
Penal Code Section 261(a)(4) |
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Term
| Penal Code Section 261.6 states? |
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Definition
| that a current or previous marital or dating relationship between the victim and perpetrator is not sufficient to constitute consent |
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Term
| Penal Code Section 261.7 states? |
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Definition
| that a victim’s request that a perpetrator use a condom or other birth control device does not constitute consent without additional evidence of consent. |
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Term
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Definition
| an act of penile/vaginal intercourse accomplished with a person, not the spouse of the perpetrator, and without the consent of the person. |
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Term
| To arrest a subject for rape, the necessary crime elements include |
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Definition
• an act of penile/vaginal intercourse which is committed
• with a person, not the spouse of the perpetrator, and
• without consent of the person. |
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Term
| Classification of The crime of rape |
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Definition
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Term
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Definition
| an act in which a person willfully and lewdly exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other individuals to be offended or annoyed thereby. |
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Term
| Indecent exposure is covered under Penal Code |
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Definition
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Term
| To arrest a subject for indecent exposure, the crime elements include |
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Definition
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Term
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Definition
| an act done intentionally, knowingly, purposely, and without justifiable excuse. |
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Term
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Definition
| with specific intent to direct public attention to one’s genitals. |
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Term
| Private parts (intimate parts) mean |
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Definition
| the sexual organ, anus, groin, or buttocks of any person and the breast of a female. |
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Term
| The crime of indecent exposure is a misdemeanor, except as |
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Definition
Prior conviction for:
- lewd acts with a child (Penal Code Section 288(a))
- indecent exposure (Penal Code Section 314) |
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Term
| The crime of indecent exposure is a misdemeanor, except |
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Definition
| When the person enters an inhabited dwelling house, trailer coach, or inhabited portion of any building and entry was made without consent felony |
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Term
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Definition
| the act of copulating (uniting) the mouth of one person with the sexual organ or anus of another person. |
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Term
| Oral copulation is covered under Penal Code |
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Definition
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Term
| To arrest a subject for oral copulation, the necessary elements are |
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Definition
• the act of copulating the mouth of one person
• with the sex organ or anus of another person,
• without consent of the victim. |
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