Tuesday, December 23, 2014

CM PRESS # 812

COSTA MESA...

ATTEMPT LAW IN CALIFORNIA

CAL. PEN CODE § 664 : California Code - Section 664

Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows:
(a) If the crime attempted is punishable by imprisonment in the state prison, or by imprisonment pursuant to subdivision (h) of Section 1170, the person guilty of the attempt shall be punished by imprisonment in the state prison or in a county jail, respectively, for one-half the term of imprisonment prescribed upon a conviction of the offense attempted. However, if the crime attempted is willful, deliberate, and premeditated murder, as defined in Section 189, the person guilty of that attempt shall be punished by imprisonment in the state prison for life with the possibility of parole. If the crime attempted is any other one in which the maximum sentence is life imprisonment or death, the person guilty of the attempt shall be punished by imprisonment in the state prison for five, seven, or nine years. The additional term provided in this section for attempted willful, deliberate, and premeditated murder shall not be imposed unless the fact that the attempted murder was willful, deliberate, and premeditated is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(b) If the crime attempted is punishable by imprisonment in a county jail, the person guilty of the attempt shall be punished by imprisonment in a county jail for a term not exceeding one-half the term of imprisonment prescribed upon a conviction of the offense attempted.
(c) If the offense so attempted is punishable by a fine, the offender convicted of that attempt shall be punished by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense attempted.
(d) If a crime is divided into degrees, an attempt to commit the crime may be of any of those degrees, and the punishment for the attempt shall be determined as provided by this section.
(e) Notwithstanding subdivision (a), if attempted murder is committed upon a peace officer or firefighter, as those terms are defined in paragraphs (7) and (9) of subdivision (a) of Section 190.2, a custodial officer, as that term is defined in subdivision (a) of Section 831 or subdivision (a) of Section 831.5, a custody assistant, as that term is defined in subdivision (a) of Section 831.7, or a nonsworn uniformed employee of a sheriff's department whose job entails the care or control of inmates in a detention facility, as defined in subdivision (c) of Section 289.6, and the person who commits the offense knows or reasonably should know that the victim is a peace officer, firefighter, custodial officer, custody assistant, or nonsworn uniformed employee of a sheriff's department engaged in the performance of his or her duties, the person guilty of the attempt shall be punished by imprisonment in the state prison for life with the possibility of parole.
This subdivision shall apply if it is proven that a direct but ineffectual act was committed by one person toward killing another human being and the person committing the act harbored express malice aforethought, namely, a specific intent to unlawfully kill another human being. The Legislature finds and declares that this paragraph is declaratory of existing law.
(f) Notwithstanding subdivision (a), if the elements of subdivision (e) are proven in an attempted murder and it is also charged and admitted or found to be true by the trier of fact that the attempted murder was willful, deliberate, and premeditated, the person guilty of the attempt shall be punished by imprisonment in the state prison for 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to reduce this minimum term of 15 years in state prison, and the person shall not be released prior to serving 15 years' confinement.
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EXTORTION

PENAL CODE 
SECTION 518-527 

518.  Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of
official right.


519.  Fear, such as will constitute extortion, may be induced by a
threat, either:
   1. To do an unlawful injury to the person or property of the
individual threatened or of a third person; or,
   2. To accuse the individual threatened, or a relative of his or
her, or member of his or her family, of a crime; or,
   3. To expose, or to impute to him, her, or them a deformity,
disgrace, or crime; or,
   4. To expose a secret affecting him, her, or them; or,
   5. To report his, her, or their immigration status or suspected
immigration status.


520.  Every person who extorts any money or other property from
another, under circumstances not amounting to robbery or carjacking,
by means of force, or any threat, such as is mentioned in Section
519, shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170 for two, three or four years.



521.  Every person who commits any extortion under color of official
right, in cases for which a different punishment is not prescribed
in this Code, is guilty of a misdemeanor.



522.  Every person who, by any extortionate means, obtains from
another his signature to any paper or instrument, whereby, if such
signature were freely given, any property would be transferred, or
any debt, demand, charge, or right of action created, is punishable
in the same manner as if the actual delivery of such debt, demand,
charge, or right of action were obtained.



523.  Every person who, with intent to extort any money or other
property from another, sends or delivers to any person any letter or
other writing, whether subscribed or not, expressing or implying, or
adapted to imply, any threat such as is specified in Section 519, is
punishable in the same manner as if such money or property were
actually obtained by means of such threat.



524.  Every person who attempts, by means of any threat, such as is
specified in Section 519 of this code, to extort money or other
property from another is punishable by imprisonment in the county
jail not longer than one year or in the state prison or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.



525.  Upon conviction of a felony violation under this chapter, the
fact that the victim was an elder or dependent person, as defined in
Section 288, shall be considered a circumstance in aggravation when
imposing a term under subdivision (b) of Section 1170.



526.  Any person, who, with intent to obtain from another person any
money, article of personal property or other thing of value,
delivers or causes to be delivered to the other person any paper,
document or written, typed or printed form purporting to be an order
or other process of a court, or designed or calculated by its
writing, typing or printing, or the arrangement thereof, to cause or
lead the other person to believe it to be an order or other process
of a court, when in fact such paper, document or written, typed or
printed form is not an order or process of a court, is guilty of a
misdemeanor, and each separate delivery of any paper, document or
written, typed or printed form shall constitute a separate offense.




527.  Any person who shall sell or offer for sale, print, publish,
or distribute any paper, document or written, typed or printed form,
designed or calculated by its writing, typing or printing, or the
arrangement thereof, to cause or lead any person to believe it to be,
or that it will be used as an order or other process of a court when
in fact such paper, document or written, typed or printed form is
not to be used as the order or process of a court, is guilty of a
misdemeanor, and each separate publication, printing, distribution,
sale or offer to sell any such paper, document or written, typed or
printed form shall constitute a separate offense, and upon conviction
thereof in addition to any other sentence imposed the court may
order that all such papers or documents or written, typed or printed
forms in the possession or under the control of the person found
guilty of such misdemeanor shall be delivered to such court or the
clerk thereof for destruction.
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THE WORLD...



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STUDY:  WHITE SOUTHERNERS LIKELY TO HAVE MORE BLACK DNA THAN WHITES IN OTHER PARTS OF THE
COUNTRY

Gene flow caused by miscegenation, usually many generations ago. Over time, the Black DNA in a family's genotype gets watered down, unless there is more gene flow from Blacks.
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DEUTSCHLAND--NATIONALIST MARCH AGAINST NON-WHITE IMMIGRATION HAS NOW GROWN TO 17,500 (The last march was pegged at 15,000)

Germans show signs of life once again as they march to keep Germany from becoming a Third World nation.
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