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النتائج 1 إلى 10 من 460

الموضوع: "u.s.a"california penal code

العرض المتطور

  1. #1

    افتراضي Mayhem

    [align=left]203. Every person who unlawfully and maliciously deprives a human
    being of a member of his body, or disables, disfigures, or renders it
    useless, or cuts or disables the tongue, or puts out an eye, or
    slits the nose, ear, or lip, is guilty of mayhem.




    204. Mayhem is punishable by imprisonment in the state prison for
    two, four, or eight years.



    205. A person is guilty of aggravated mayhem when he or she
    unlawfully, under circumstances manifesting extreme indifference to
    the physical or psychological well-being of another person,
    intentionally causes permanent disability or disfigurement of another
    human being or deprives a human being of a limb, organ, or member of
    his or her body. For purposes of this section, it is not necessary
    to prove an intent to kill. Aggravated mayhem is a felony punishable
    by imprisonment in the state prison for life with the possibility of
    parole.


    206. Every person who, with the intent to cause cruel or extreme
    pain and suffering for the purpose of revenge, extortion, persuasion,
    or for any sadistic purpose, inflicts great bodily injury as defined
    in Section 12022.7 upon the person of another, is guilty of torture.

    The crime of torture does not require any proof that the victim
    suffered pain.



    206.1. Torture is punishable by imprisonment in the state prison
    for a term of life.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  2. #2

    افتراضي Kidnapping

    [align=left]
    207. (a) Every person who forcibly, or by any other means of
    instilling fear, steals or takes, or holds, detains, or arrests any
    person in this state, and carries the person into another country,
    state, or county, or into another part of the same county, is guilty
    of kidnapping.
    (b) Every person, who for the purpose of committing any act
    defined in Section 288, hires, persuades, entices, decoys, or seduces
    by false promises, misrepresentations, or the like, any child under
    the age of 14 years to go out of this country, state, or county, or
    into another part of the same county, is guilty of kidnapping.
    (c) Every person who forcibly, or by any other means of instilling
    fear, takes or holds, detains, or arrests any person, with a design
    to take the person out of this state, without having established a
    claim, according to the laws of the United States, or of this state,
    or who hires, persuades, entices, decoys, or seduces by false
    promises, misrepresentations, or the like, any person to go out of
    this state, or to be taken or removed therefrom, for the purpose and
    with the intent to sell that person into slavery or involuntary
    servitude, or otherwise to employ that person for his or her own use,
    or to the use of another, without the free will and consent of that
    persuaded person, is guilty of kidnapping.
    (d) Every person who, being out of this state, abducts or takes by
    force or fraud any person contrary to the law of the place where
    that act is committed, and brings, sends, or conveys that person
    within the limits of this state, and is afterwards found within the
    limits thereof, is guilty of kidnapping.
    (e) For purposes of those types of kidnapping requiring force, the
    amount of force required to kidnap an unresisting infant or child is
    the amount of physical force required to take and carry the child
    away a substantial distance for an illegal purpose or with an illegal
    intent.
    (f) Subdivisions (a) to (d), inclusive, do not apply to any of the
    following:
    (1) To any person who steals, takes, entices away, detains,
    conceals, or harbors any child under the age of 14 years, if that act
    is taken to protect the child from danger of imminent harm.
    (2) To any person acting under Section 834 or 837.



    208. (a) Kidnapping is punishable by imprisonment in the state
    prison for three, five, or eight years.
    (b) If the person kidnapped is under 14 years of age at the time
    of the commission of the crime, the kidnapping is punishable by
    imprisonment in the state prison for 5, 8, or 11 years. This
    subdivision is not applicable to the taking, detaining, or
    concealing, of a minor child by a biological parent, a natural
    father, as specified in Section 7611 of the Family Code, an adoptive
    parent, or a person who has been granted access to the minor child by
    a court order.
    (c) In all cases in which probation is granted, the court shall,
    except in unusual cases where the interests of justice would best be
    served by a lesser penalty, require as a condition of the probation
    that the person be confined in the county jail for 12 months. If the
    court grants probation without requiring the defendant to be
    confined in the county jail for 12 months, it shall specify its
    reason or reasons for imposing a lesser penalty.



    209. (a) Any person who seizes, confines, inveigles, entices,
    decoys, abducts, conceals, kidnaps or carries away another person by
    any means whatsoever with intent to hold or detain, or who holds or
    detains, that person for ransom, reward or to commit extortion or to
    exact from another person any money or valuable thing, or any person
    who aids or abets any such act, is guilty of a felony, and upon
    conviction thereof, shall be punished by imprisonment in the state
    prison for life without possibility of parole in cases in which any
    person subjected to any such act suffers death or bodily harm, or is
    intentionally confined in a manner which exposes that person to a
    substantial likelihood of death, or shall be punished by imprisonment
    in the state prison for life with the possibility of parole in cases
    where no such person suffers death or bodily harm.
    (b) (1) Any person who kidnaps or carries away any individual to
    commit robbery, rape, spousal rape, oral copulation, sodomy, or any
    violation of Section 264.1, 288, or 289, shall be punished by
    imprisonment in the state prison for life with the possibility of
    parole.
    (2) This subdivision shall only apply if the movement of the
    victim is beyond that merely incidental to the commission of, and
    increases the risk of harm to the victim over and above that
    necessarily present in, the intended underlying offense.
    (c) In all cases in which probation is granted, the court shall,
    except in unusual cases where the interests of justice would best be
    served by a lesser penalty, require as a condition of the probation
    that the person be confined in the county jail for 12 months. If the
    court grants probation without requiring the defendant to be confined
    in the county jail for 12 months, it shall specify its reason or
    reasons for imposing a lesser penalty.
    (d) Subdivision (b) shall not be construed to supersede or affect
    Section 667.61. A person may be charged with a violation of
    subdivision (b) and Section 667.61. However, a person may not be
    punished under subdivision (b) and Section 667.61 for the same act
    that constitutes a violation of both subdivision (b) and Section
    667.61.



    209.5. (a) Any person who, during the commission of a carjacking
    and in order to facilitate the commission of the carjacking, kidnaps
    another person who is not a principal in the commission of the
    carjacking shall be punished by imprisonment in the state prison for
    life with the possibility of parole.
    (b) This section shall only apply if the movement of the victim is
    beyond that merely incidental to the commission of the carjacking,
    the victim is moved a substantial distance from the vicinity of the
    carjacking, and the movement of the victim increases the risk of harm
    to the victim over and above that necessarily present in the crime
    of carjacking itself.
    (c) In all cases in which probation is granted, the court shall,
    except in unusual cases where the interests of justice would best be
    served by a lesser penalty, require as a condition of the probation
    that the person be confined in the county jail for 12 months. If the
    court grants probation without requiring the defendant to be
    confined in the county jail for 12 months, it shall specify its
    reason or reasons for imposing a lesser penalty.




    210. Every person who for the purpose of obtaining any ransom or
    reward, or to extort or exact from any person any money or thing of
    value, poses as, or in any manner represents himself to be a person
    who has seized, confined, inveigled, enticed, decoyed, abducted,
    concealed, kidnapped or carried away any person, or who poses as, or
    in any manner represents himself to be a person who holds or detains
    such person, or who poses as, or in any manner represents himself to
    be a person who has aided or abetted any such act, or who poses as or
    in any manner represents himself to be a person who has the
    influence, power, or ability, to obtain the release of such person so
    seized, confined, inveigled, enticed, decoyed, abducted, concealed,
    kidnapped or carried away, is guilty of a felony and upon conviction
    thereof shall be punished by imprisonment for two, three or four
    years.
    Nothing in this section prohibits any person who, in good faith
    believes that he can rescue any person who has been seized, confined,
    inveigled, enticed, decoyed, abducted, concealed, kidnapped or
    carried away, and who has had no part in, or connection with, such
    confinement, inveigling, decoying, abducting, concealing, kidnapping,
    or carrying away, from offering to rescue or obtain the release of
    such person for a monetary consideration or other thing of value.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  3. #3

    افتراضي Hostages

    [align=left]
    210.5. Every person who commits the offense of false imprisonment,
    as defined in Section 236, against a person for purposes of
    protection from arrest, which substantially increases the risk of
    harm to the victim, or for purposes of using the person as a shield
    is punishable by imprisonment in the state prison for three, five, or
    eight years.

    [/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  4. #4

    افتراضي Robbery

    [align=left]211. Robbery is the felonious taking of personal property in the
    possession of another, from his person or immediate presence, and
    against his will, accomplished by means of force or fear.



    212. The fear mentioned in Section 211 may be either:
    1. The fear of an unlawful injury to the person or property of the
    person robbed, or of any relative of his or member of his family;
    or,
    2. The fear of an immediate and unlawful injury to the person or
    property of anyone in the company of the person robbed at the time of
    the robbery.



    212.5. (a) Every robbery of any person who is performing his or her
    duties as an operator of any bus, taxicab, cable car, streetcar,
    trackless trolley, or other vehicle, including a vehicle operated on
    stationary rails or on a track or rail suspended in the air, and used
    for the transportation of persons for hire, every robbery of any
    passenger which is perpetrated on any of these vehicles, and every
    robbery which is perpetrated in an inhabited dwelling house, a vessel
    as defined in Section 21 of the Harbors and Navigation Code which is
    inhabited and designed for habitation, an inhabited floating home as
    defined in subdivision (d) of Section 18075.55 of the Health and
    Safety Code, a trailer coach as defined in the Vehicle Code which is
    inhabited, or the inhabited portion of any other building is robbery
    of the first degree.
    (b) Every robbery of any person while using an automated teller
    machine or immediately after the person has used an automated teller
    machine and is in the vicinity of the automated teller machine is
    robbery of the first degree.
    (c) All kinds of robbery other than those listed in subdivisions
    (a) and (b) are of the second degree.



    213. (a) Robbery is punishable as follows:
    (1) Robbery of the first degree is punishable as follows:
    (A) If the defendant, voluntarily acting in concert with two or
    more other persons, commits the robbery within an inhabited dwelling
    house, a vessel as defined in Section 21 of the Harbors and
    Navigation Code, which is inhabited and designed for habitation, an
    inhabited floating home as defined in subdivision (d) of Section
    18075.55 of the Health and Safety Code, a trailer coach as defined in
    the Vehicle Code, which is inhabited, or the inhabited portion of
    any other building, by imprisonment in the state prison for three,
    six, or nine years.
    (B) In all cases other than that specified in subparagraph (A), by
    imprisonment in the state prison for three, four, or six years.
    (2) Robbery of the second degree is punishable by imprisonment in
    the state prison for two, three, or five years.
    (b) Notwithstanding Section 664, attempted robbery in violation of
    paragraph (2) of subdivision (a) is punishable by imprisonment in
    the state prison.



    214. Every person who goes upon or boards any railroad train, car
    or engine, with the intention of robbing any passenger or other
    person on such train, car or engine, of any personal property thereon
    in the possession or care or under the control of any such passenger
    or other person, or who interferes in any manner with any switch,
    rail, sleeper, viaduct, culvert, embankment, structure or appliance
    pertaining to or connected with any railroad, or places any dynamite
    or other explosive substance or material upon or near the track of
    any railroad, or who sets fire to any railroad bridge or trestle, or
    who shows, masks, extinguishes or alters any light or other signal,
    or exhibits or compels any other person to exhibit any false light or
    signal, or who stops any such train, car or engine, or slackens the
    speed thereof, or who compels or attempts to compel any person in
    charge or control thereof to stop any such train, car or engine, or
    slacken the speed thereof, with the intention of robbing any
    passenger or other person on such train, car or engine, of any
    personal property thereon in the possession or charge or under the
    control of any such passenger or other person, is guilty of a felony.




    215. (a) "Carjacking" is the felonious taking of a motor vehicle in
    the possession of another, from his or her person or immediate
    presence, or from the person or immediate presence of a passenger of
    the motor vehicle, against his or her will and with the intent to
    either permanently or temporarily deprive the person in possession of
    the motor vehicle of his or her possession, accomplished by means of
    force or fear.
    (b) Carjacking is punishable by imprisonment in the state prison
    for a term of three, five, or nine years.
    (c) This section shall not be construed to supersede or affect
    Section 211. A person may be charged with a violation of this
    section and Section 211. However, no defendant may be punished under
    this section and Section 211 for the same act which constitutes a
    violation of both this section and Section 211.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  5. #5

    افتراضي Attempts to kill

    [align=left]

    217.1. (a) Except as provided in subdivision (b), every person who
    commits any assault upon the President or Vice President of the
    United States, the Governor of any state or territory, any justice,
    judge, or former judge of any local, state, or federal court of
    record, any commissioner, referee, or other subordinate judicial
    officer of any court of record, the secretary or director of any
    executive agency or department of the United States or any state or
    territory, or any other official of the United States or any state or
    territory holding elective office, any mayor, city council member,
    county supervisor, sheriff, district attorney, prosecutor or
    assistant prosecutor of any local, state, or federal prosecutor's
    office, a former prosecutor or assistant prosecutor of any local,
    state, or federal prosecutor's office, public defender or assistant
    public defender of any local, state, or federal public defender's
    office, a former public defender or assistant public defender of any
    local, state, or federal public defender's office, the chief of
    police of any municipal police department, any peace officer, any
    juror in any local, state, or federal court of record, or the
    immediate family of any of these officials, in retaliation for or to
    prevent the performance of the victim's official duties, shall be
    punished by imprisonment in the county jail not exceeding one year or
    by imprisonment in the state prison.
    (b) Notwithstanding subdivision (a), every person who attempts to
    commit murder against any person listed in subdivision (a) in
    retaliation for or to prevent the performance of the victim's
    official duties, shall be confined in the state prison for a term of
    15 years to life. The provisions of Article 2.5 (commencing with
    Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce
    any minimum term of 15 years in a state prison imposed pursuant to
    this section, but that person shall not otherwise be released on
    parole prior to such time.
    (c) For the purposes of this section, the following words have the
    following meanings:
    (1) "Immediate family" means spouse, child, stepchild, brother,
    stepbrother, sister, stepsister, mother, stepmother, father, or
    stepfather.
    (2) "Peace officer" means any person specified in subdivision (a)
    of Section 830.1 or Section 830.5.



    218. Every person who unlawfully throws out a switch, removes a
    rail, or places any obstruction on any railroad with the intention of
    derailing any passenger, freight or other train, car or engine, or
    who unlawfully places any dynamite or other explosive material or any
    other obstruction upon or near the track of any railroad with the
    intention of blowing up or derailing any such train, car or engine,
    or who unlawfully sets fire to any railroad bridge or trestle, over
    which any such train, car or engine must pass with the intention of
    wrecking such train, car or engine, is guilty of a felony, and shall
    be punished by imprisonment in the state prison for life without
    possibility of parole.


    218.1. Any person who unlawfully and with gross negligence places
    or causes to be placed any obstruction upon or near the track of any
    railroad that proximately results in either the damaging or derailing
    of any passenger, freight, or other train, or injures a rail
    passenger or employee, shall be punished by imprisonment in the state
    prison for two, three, or four years, or by imprisonment in a county
    jail for not more than one year, or by a fine not to exceed two
    thousand five hundred dollars ($2,500), or by both that imprisonment
    and fine.


    219. Every person who unlawfully throws out a switch, removes a
    rail, or places any obstruction on any railroad with the intention of
    derailing any passenger, freight or other train, car or engine and
    thus derails the same, or who unlawfully places any dynamite or other
    explosive material or any other obstruction upon or near the track
    of any railroad with the intention of blowing up or derailing any
    such train, car or engine and thus blows up or derails the same, or
    who unlawfully sets fire to any railroad bridge or trestle over which
    any such train, car or engine must pass with the intention of
    wrecking such train, car or engine, and thus wrecks the same, is
    guilty of a felony and punishable with death or imprisonment in the
    state prison for life without possibility of parole in cases where
    any person suffers death as a proximate result thereof, or
    imprisonment in the state prison for life with the possibility of
    parole, in cases where no person suffers death as a proximate result
    thereof. The penalty shall be determined pursuant to Sections 190.3
    and 190.4.



    219.1. Every person who unlawfully throws, hurls or projects at a
    vehicle operated by a common carrier, while such vehicle is either in
    motion or stationary, any rock, stone, brick, bottle, piece of wood
    or metal or any other missile of any kind or character, or does any
    unlawful act, with the intention of wrecking such vehicle and doing
    bodily harm, and thus wrecks the same and causes bodily harm, is
    guilty of a felony and punishable by imprisonment in the state prison
    for two, four, or six years.



    219.2. Every person who willfully throws, hurls, or projects a
    stone or other hard substance, or shoots a missile, at a train,
    locomotive, railway car, caboose, cable railway car, street railway
    car, or bus or at a steam vessel or watercraft used for carrying
    passengers or freight on any of the waters within or bordering on
    this state, is punishable by imprisonment in the county jail not
    exceeding one year, or in a state prison, or by fine not exceeding
    two thousand dollars ($2,000), or by both such fine and imprisonment.



    219.3. Any person who wilfully drops or throws any object or
    missile from any toll bridge is guilty of a misdemeanor.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  6. #6

    افتراضي Assaults with intent to murder

    [align=left]220. (a) Except as provided in subdivision (b), any person who
    assaults another with intent to commit mayhem, rape, sodomy, oral
    copulation, or any violation of Section 264.1, 288, or 289 shall be
    punished by imprisonment in the state prison for two, four, or six
    years.
    (b) Any person who, in the commission of a burglary of the first
    degree, as defined in subdivision (a) of Section 460, assaults
    another with intent to commit rape, sodomy, oral copulation, or any
    violation of Section 264.1, 288, or 289 shall be punished by
    imprisonment in the state prison for life with the possibility of
    parole.


    222. Every person guilty of administering to another any
    chloroform, ether, laudanum, or any controlled substance,
    anaesthetic, or intoxicating agent, with intent thereby to enable or
    assist himself or herself or any other person to commit a felony, is
    guilty of a felony.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  7. #7

    افتراضي False imprisonment

    [align=left]236. False imprisonment is the unlawful violation of the personal
    liberty of another.



    236.1. (a) Any person who deprives or violates the personal liberty
    of another with the intent to effect or maintain a felony violation
    of Section 266, 266h, 266i, 267, 311.4, or 518, or to obtain forced
    labor or services, is guilty of human trafficking.
    (b) Except as provided in subdivision (c), a violation of this
    section is punishable by imprisonment in the state prison for three,
    four, or five years.
    (c) A violation of this section where the victim of the
    trafficking was under 18 years of age at the time of the commission
    of the offense is punishable by imprisonment in the state prison for
    four, six, or eight years.
    (d) (1) For purposes of this section, unlawful deprivation or
    violation of the personal liberty of another includes substantial and
    sustained restriction of another's liberty accomplished through
    fraud, deceit, coercion, violence, duress, menace, or threat of
    unlawful injury to the victim or to another person, under
    circumstances where the person receiving or apprehending the threat
    reasonably believes that it is likely that the person making the
    threat would carry it out.
    (2) Duress includes knowingly destroying, concealing, removing,
    confiscating, or possessing any actual or purported passport or
    immigration document of the victim.
    (e) For purposes of this section, "forced labor or services" means
    labor or services that are performed or provided by a person and are
    obtained or maintained through force, fraud, or coercion, or
    equivalent conduct that would reasonably overbear the will of the
    person.
    (f) The Legislature finds that the definition of human trafficking
    in this section is equivalent to the federal definition of a severe
    form of trafficking found in Section 7102(8) of Title 22 of the
    United States Code.



    236.2. (a) Within 15 business days of the first encounter of a
    victim of human trafficking, victim pursuant to Section 236.1, law
    enforcement agencies shall provide brief letters that satisfy the
    following Law Enforcement Agency Endorsement (LEA) regulations as
    found in Section 214.11(f)(1) of Chapter 8 of the Code of Federal
    Regulations.
    (b) The LEA must be submitted on Supplement B, Declaration of Law
    Enforcement Officer for Victim of Trafficking in Persons, of Form
    I-914. The LEA endorsement must be filled out completely in
    accordance with the instructions contained on the form and must
    attach the results of any name or database inquiry performed. In
    order to provide persuasive evidence, the LEA endorsement must
    contain a description of the victimization upon which the application
    is based, including the dates the trafficking in persons and
    victimization occurred, and be signed by a supervising official
    responsible for the investigation or prosecution of trafficking in
    persons. The LEA endorsement must address whether the victim had been
    recruited, harbored, transported, provided, or obtained specifically
    for either labor or services, or for the purposes of a commercial
    *** act.
    (c) Where state law enforcement agencies find the grant of a LEA
    endorsement to be inappropriate for a victim of trafficking in
    persons, the agency shall within 15 days provide the victim with a
    letter explaining the grounds of the denial of the LEA. The victim
    may submit additional evidence to the law enforcement agency, which
    must reconsider the denial of the LEA within one week of the receipt
    of additional evidence.



    237. (a) False imprisonment is punishable by a fine not exceeding
    one thousand dollars ($1,000), or by imprisonment in the county jail
    for not more than one year, or by both that fine and imprisonment.
    If the false imprisonment be effected by violence, menace, fraud, or
    deceit, it shall be punishable by imprisonment in the state prison.
    (b) False imprisonment of an elder or dependent adult by use of
    violence, menace, fraud, or deceit shall be punishable as described
    in subdivision (f) of Section 368.
    [/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

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