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Construction and Severability
[align=left]300. Nothing in this chapter shall limit or abrogate any existing
authority of law enforcement officers to take, maintain, store, and
utilize DNA or forensic identification markers, blood specimens,
buccal swab samples, saliva samples, or thumb or palm print
impressions for identification purposes.
300.1. (a) Nothing in this chapter shall be construed to restrict
the authority of local law enforcement to maintain their own
DNA-related databases or data banks, or to restrict the Department of
Justice with respect to data banks and databases created by other
statutory authority, including, but not limited to, databases related
to fingerprints, firearms and other weapons, child abuse, domestic
violence deaths, child deaths, driving offenses, missing persons,
violent crime information as described in Title 12 (commencing with
Section 14200) of Part 4, and criminal justice statistics permitted
by Section 13305.
(b) Nothing in this chapter shall be construed to limit the
authority of local or county coroners or their agents, in the course
of their scientific investigation, to utilize genetic and DNA
technology to inquire into and determine the circumstances, manner,
and cause of death, or to employ or use outside laboratories,
hospitals, or research institutions that utilize genetic and DNA
technology.
300.2. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
300.2. Any requirement to provide saliva samples pursuant to this
chapter shall be construed as a requirement to provide buccal swab
samples as of the effective date of the act that added this section.
However, the Department of Justice may retain and use previously
collected saliva and other biological samples as part of its database
and databank program and for quality control purposes in conformity
with the provisions of this chapter.
300.3. The duties and requirements of the Department of Corrections
and the Department of the Youth Authority pursuant to this chapter
shall commence on July 1, 1999.[/align]
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Of crimes against religion and conscience
[align=left]
OF CRIMES AGAINST RELIGION AND CONSCIENCE, AND
OTHER OFFENSES AGAINST GOOD MORALS
302. (a) Every person who intentionally disturbs or disquiets any
assemblage of people met for religious worship at a tax-exempt place
of worship, by profane discourse, rude or indecent behavior, or by
any unnecessary noise, either within the place where the meeting is
held, or so near it as to disturb the order and solemnity of the
meeting, is guilty of a misdemeanor punishable by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment in a
county jail for a period not exceeding one year, or by both that fine
and imprisonment.
(b) A court may require performance of community service of not
less than 50 hours and not exceeding 80 hours as an alternative to
imprisonment or a fine.
(c) In addition to the penalty set forth in subdivision (a), a
person who has suffered a previous conviction of a violation of this
section or Section 403, shall be required to perform community
service of not less than 120 hours and not exceeding 160 hours.
(d) The existence of any fact which would bring a person under
subdivision (c) or (d) shall be alleged in the complaint,
information, or indictment and either:
(1) Admitted by the defendant in open court.
(2) Found to be true by a jury trying the issue of guilt.
(3) Found to be true by the court where guilt is established by a
plea of guilty or nolo contendere.
(4) Found to be true by trial by the court sitting without a jury.
(e) Upon conviction of any person under this section for
disturbances of religious worship, the court may, in accordance with
the performance of community service imposed under this section,
consistent with public safety interests and with the victim's
consent, order the defendant to perform a portion of, or all of, the
required community service at the place where the disturbance of
religious worship occurred.
(f) The court may waive the mandatory minimum requirements for
community service whenever it is in the interest of justice to do so.
When a waiver is granted, the court shall state on the record all
reasons supporting the waiver.
303. It shall be unlawful for any person engaged in the sale of
alcoholic beverages, other than in the original package, to employ
upon the premises where the alcoholic beverages are sold any person
for the purpose of procuring or encouraging the purchase or sale of
such beverages, or to pay any person a percentage or commission on
the sale of such beverages for procuring or encouraging such purchase
or sale. Violation of this section shall be a misdemeanor.
303a. It shall be unlawful, in any place of business where
alcoholic beverages are sold to be consumed upon the premises, for
any person to loiter in or about said premises for the purpose of
begging or soliciting any patron or customer of, or visitor in, such
premises to purchase any alcoholic beverage for the one begging or
soliciting. Violation of this section shall be a misdemeanor.
307. Every person, firm, or corporation which sells or gives or in
any way furnishes to another person, who is in fact under the age of
21 years, any candy, cake, cookie, or chewing gum which contains
alcohol in excess of 1/2 of 1 percent by weight, is guilty of a
misdemeanor.
308. (a) (1) Every person, firm, or corporation that knowingly or
under circumstances in which it has knowledge, or should otherwise
have grounds for knowledge, sells, gives, or in any way furnishes to
another person who is under the age of 18 years any tobacco,
cigarette, or cigarette papers, or blunts wraps, or any other
preparation of tobacco, or any other instrument or paraphernalia that
is designed for the smoking or ingestion of tobacco, products
prepared from tobacco, or any controlled substance, is subject to
either a criminal action for a misdemeanor or to a civil action
brought by a city attorney, a county counsel, or a district attorney,
punishable by a fine of two hundred dollars ($200) for the first
offense, five hundred dollars ($500) for the second offense, and one
thousand dollars ($1,000) for the third offense.
Notwithstanding Section 1464 or any other provision of law, 25
percent of each civil and criminal penalty collected pursuant to this
subdivision shall be paid to the office of the city attorney, county
counsel, or district attorney, whoever is responsible for bringing
the successful action, and 25 percent of each civil and criminal
penalty collected pursuant to this subdivision shall be paid to the
city or county for the administration and cost of the community
service work component provided in subdivision (b).
Proof that a defendant, or his or her employee or agent, demanded,
was shown, and reasonably relied upon evidence of majority shall be
defense to any action brought pursuant to this subdivision. Evidence
of majority of a person is a facsimile of or a reasonable likeness of
a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, a registration
certificate issued under the federal Selective Service Act, or an
identification card issued to a member of the Armed Forces.
For purposes of this section, the person liable for selling or
furnishing tobacco products to minors by a tobacco vending machine
shall be the person authorizing the installation or placement of the
tobacco vending machine upon premises he or she manages or otherwise
controls and under circumstances in which he or she has knowledge, or
should otherwise have grounds for knowledge, that the tobacco
vending machine will be utilized by minors.
(2) For purposes of this section, "blunt wraps" means cigar papers
or cigar wrappers of all types that are designed for smoking or
ingestion of tobacco products and contain less than 50 percent
tobacco.
(b) Every person under the age of 18 years who purchases,
receives, or possesses any tobacco, cigarette, or cigarette papers,
or any other preparation of tobacco, or any other instrument or
paraphernalia that is designed for the smoking of tobacco, products
prepared from tobacco, or any controlled substance shall, upon
conviction, be punished by a fine of seventy-five dollars ($75) or 30
hours of community service work.
(c) Every person, firm, or corporation that sells, or deals in
tobacco or any preparation thereof, shall post conspicuously and keep
so posted in his, her, or their place of business at each point of
purchase the notice required pursuant to subdivision (b) of Section
22952 of the Business and Professions Code, and any person failing to
do so shall, upon conviction, be punished by a fine of fifty dollars
($50) for the first offense, one hundred dollars ($100) for the
second offense, two hundred fifty dollars ($250) for the third
offense, and five hundred dollars ($500) for the fourth offense and
each subsequent violation of this provision, or by imprisonment in a
county jail not exceeding 30 days.
(d) For purposes of determining the liability of persons, firms,
or corporations controlling franchises or business operations in
multiple locations for the second and subsequent violations of this
section, each individual franchise or business location shall be
deemed a separate entity.
(e) It is the Legislature's intent to regulate the subject matter
of this section. As a result, no city, county, or city and county
shall adopt any ordinance or regulation inconsistent with this
section.
308.1. (a) Notwithstanding any other provision of law, no person
shall sell, offer for sale, distribute, or import any tobacco product
commonly referred to as "bidis" or "beedies," unless that tobacco
product is sold, offered for sale, or intended to be sold in a
business establishment that prohibits the presence of persons under
18 years of age on its premises.
(b) For purposes of this section, "bidis" or "beedies" means a
product containing tobacco that is wrapped in temburni leaf
(diospyros melanoxylon) or tendu leaf (diospyros exculpra).
(c) Any person who violates this section is guilty of a
misdemeanor or subject to a civil action brought by the Attorney
General, a city attorney, county counsel, or district attorney for an
injunction and a civil penalty of up to two thousand dollars
($2,000) per violation. This subdivision does not affect any other
remedies available for a violation of this section.
308.2. (a) Every person who sells one or more cigarettes, other
than in a sealed and properly labeled package, is guilty of an
infraction.
(b) "A sealed and properly labeled package," as used in this
section, means the original packaging or sanitary wrapping of the
manufacturer or importer which conforms to federal labeling
requirements, including the federal warning label.
308.3. (a) A person, firm, corporation, or business may not
manufacture for sale, distribute, sell, or offer to sell any
cigarette, except in a package containing at least 20 cigarettes. A
person, firm, corporation, or business may not manufacture for sale,
distribute, sell, or offer to sell any roll-your-own tobacco, except
in a package containing at least 0.60 ounces of tobacco.
(b) As used in subdivision (a), "cigarette" means any product that
contains nicotine, is intended to be burned or heated under ordinary
conditions of use, and consists of, or contains any of, the
following:
(1) Any roll of tobacco wrapped in paper or in any substance not
containing tobacco.
(2) Tobacco, in any form, that is functional in the product, that,
because of its appearance, the type of tobacco used in the filler,
or its packaging and labeling, is likely to be offered to, or
purchased by, consumers as a cigarette.
(3) Any roll of tobacco wrapped in any substance containing
tobacco which, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, is likely to be offered
to, or purchased by, consumers as a cigarette described in this
subdivision.
(c) Any person, firm, corporation, or business that violates this
section is liable for an infraction, or in an action brought by the
Attorney General, a district attorney, a county counsel, or a city
attorney for a civil penalty of two hundred dollars ($200) for the
first violation, five hundred dollars ($500) for the second
violation, and one thousand dollars ($1,000) for each subsequent act
constituting a violation.
308.5. (a) No person or business shall sell, lease, rent, or
provide, or offer to sell, lease, rent, or otherwise offer to the
public or to public establishments in this state, any video game
intended for either private use or for use in a public establishment
and intended primarily for use by any person under the age of 18
years, which contains, in its design and in the on-screen
presentation of the video game, any paid commercial advertisement of
alcoholic beverage or tobacco product containers or other forms of
consumer packaging, particular brand names, trademarks, or
copyrighted slogans of alcoholic beverages or tobacco products.
(b) As used in this section, "video game" means any electronic
amusement device that utilizes a computer, microprocessor, or similar
electronic circuitry and its own cathode ray tube, or is designed to
be used with a television set or a monitor, that interacts with the
user of the device.
(c) A violation of this section is a misdemeanor.
308b. (a) Except as provided in subdivision (b), every person who
knowingly delivers or causes to be delivered to any residence in this
state any tobacco products unsolicited by any person residing
therein is guilty of a misdemeanor.
(b) It is a defense to a violation of this section that the
recipient of the tobacco products is personally known to the
defendant at the time of the delivery.
(c) The distribution of unsolicited tobacco products to residences
in violation of this section is a nuisance within the meaning of
Section 3479 of the Civil Code.
(d) Nothing in this section shall be construed to impose any
liability on any employee of the United States Postal Service for
actions performed in the scope of his employment by the United States
Postal Service.
309. Any proprietor, keeper, manager, conductor, or person having
the control of any house of prostitution, or any house or room
resorted to for the purpose of prostitution, who shall admit or keep
any minor of either *** therein; or any parent or guardian of any
such minor, who shall admit or keep such minor, or sanction, or
connive at the admission or keeping thereof, into, or in any such
house, or room, shall be guilty of a misdemeanor.
310. Any minor under the age of 16 years who visits or attends any
prizefight, cockfight, or place where any prizefight, or cockfight,
is advertised to take place, and any owner, lessee, or proprietor,
or the agent of any owner, lessee, or proprietor of any place where
any prizefight or cockfight is advertised or represented to take
place who admits any minor to a place where any prizefight or
cockfight is advertised or represented to take place or who admits,
sells or gives to any such minor a ticket or other paper by which
such minor may be admitted to a place where a prizefight or cockfight
is advertised to take place, is guilty of a misdemeanor, and is
punishable by a fine of not exceeding one hundred dollars ($100) or
by imprisonment in the county jail for not more than 25 days.
310.2. (a) Any coach, trainer, or other person acting in an
official or nonofficial capacity as an adult supervisor for an
athletic team consisting of minors under the age of 18 who sells,
gives, or otherwise furnishes to any member of that team a diuretic,
diet pill, or laxative with the intent that it be consumed, injected,
or administered for any nonmedical purpose such as loss of weight or
altering the body in any way related to participation on the team or
league, is guilty of a misdemeanor.
(b) Subdivision (a) does not apply to a minor's parent or
guardian, or any person acting at the written direction of, or with
the written consent of, the parent or guardian, if that person is in
fact acting with that authority. Subdivision (a) does not apply to a
physician.
310.5. (a) Any parent or guardian of a child who enters into an
agreement on behalf of that child which is in violation of Section
1669.5 of the Civil Code, and any alleged perpetrator of an unlawful
*** act upon that child who enters into such an agreement, is guilty
of a misdemeanor.
(b) Every person convicted of a violation of subdivision (a) shall
be punished by a fine of not less than one hundred dollars ($100)
nor more than one thousand dollars ($1,000), by imprisonment in the
county jail for not less than 30 days nor more than six months, or by
both such a fine and imprisonment, at the discretion of the court.
(c) For purposes of this section, "unlawful *** act," means a
felony *** offense committed against a minor.
[/align]
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Obscene matter
[align=left]
311. As used in this chapter, the following definitions apply:
(a) "Obscene matter" means matter, taken as a whole, that to the
average person, applying contemporary statewide standards, appeals to
the prurient interest, that, taken as a whole, depicts or describes
***ual conduct in a patently offensive way, and that, taken as a
whole, lacks serious literary, artistic, political, or scientific
value.
(1) If it appears from the nature of the matter or the
circumstances of its dissemination, distribution, or exhibition that
it is designed for clearly defined deviant ***ual groups, the appeal
of the matter shall be judged with reference to its intended
recipient group.
(2) In prosecutions under this chapter, if circumstances of
production, presentation, sale, dissemination, distribution, or
publicity indicate that matter is being commercially exploited by the
defendant for the sake of its prurient appeal, this evidence is
probative with respect to the nature of the matter and may justify
the conclusion that the matter lacks serious literary, artistic,
political, or scientific value.
(3) In determining whether the matter taken as a whole lacks
serious literary, artistic, political, or scientific value in
description or representation of those matters, the fact that the
defendant knew that the matter depicts persons under the age of 16
years engaged in ***ual conduct, as defined in subdivision (c) of
Section 311.4, is a factor that may be considered in making that
determination.
(b) "Matter" means any book, magazine, newspaper, or other printed
or written material, or any picture, drawing, photograph, motion
picture, or other pictorial representation, or any statue or other
figure, or any recording, transcription, or mechanical, chemical, or
electrical reproduction, or any other article, equipment, machine, or
material. "Matter" also means live or recorded telephone messages
if transmitted, disseminated, or distributed as part of a commercial
transaction.
(c) "Person" means any individual, partnership, firm, association,
corporation, limited liability company, or other legal entity.
(d) "Distribute" means transfer possession of, whether with or
without consideration.
(e) "Knowingly" means being aware of the character of the matter
or live conduct.
(f) "Exhibit" means show.
(g) "Obscene live conduct" means any physical human body activity,
whether performed or engaged in alone or with other persons,
including but not limited to singing, speaking, dancing, acting,
simulating, or pantomiming, taken as a whole, that to the average
person, applying contemporary statewide standards, appeals to the
prurient interest and is conduct that, taken as a whole, depicts or
describes ***ual conduct in a patently offensive way and that, taken
as a whole, lacks serious literary, artistic, political, or
scientific value.
(1) If it appears from the nature of the conduct or the
circumstances of its production, presentation, or exhibition that it
is designed for clearly defined deviant ***ual groups, the appeal of
the conduct shall be judged with reference to its intended recipient
group.
(2) In prosecutions under this chapter, if circumstances of
production, presentation, advertising, or exhibition indicate that
live conduct is being commercially exploited by the defendant for the
sake of its prurient appeal, that evidence is probative with respect
to the nature of the conduct and may justify the conclusion that the
conduct lacks serious literary, artistic, political, or scientific
value.
(3) In determining whether the live conduct taken as a whole lacks
serious literary, artistic, political, or scientific value in
description or representation of those matters, the fact that the
defendant knew that the live conduct depicts persons under the age of
16 years engaged in ***ual conduct, as defined in subdivision (c) of
Section 311.4, is a factor that may be considered in making that
determination.
(h) The Legislature expresses its approval of the holding of
People v. Cantrell, 7 Cal. App. 4th 523, that, for the purposes of
this chapter, matter that "depicts a person under the age of 18 years
personally engaging in or personally simulating ***ual conduct" is
limited to visual works that depict that conduct.
311.1. (a) Every person who knowingly sends or causes to be sent,
or brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or to
exhibit to, or to exchange with, others, or who offers to distribute,
distributes, or exhibits to, or exchanges with, others, any obscene
matter, knowing that the matter depicts a person under the age of 18
years personally engaging in or personally simulating ***ual conduct,
as defined in Section 311.4, shall be punished either by
imprisonment in the county jail for up to one year, by a fine not to
exceed one thousand dollars ($1,000), or by both the fine and
imprisonment, or by imprisonment in the state prison, by a fine not
to exceed ten thousand dollars ($10,000), or by the fine and
imprisonment.
(b) This section does not apply to the activities of law
enforcement and prosecuting agencies in the investigation and
prosecution of criminal offenses or to legitimate medical,
scientific, or educational activities, or to lawful conduct between
spouses.
(c) This section does not apply to matter which depicts a child
under the age of 18, which child is legally emancipated, including
lawful conduct between spouses when one or both are under the age of
18.
(d) It does not constitute a violation of this section for a
telephone corporation, as defined by Section 234 of the Public
Utilities Code, to carry or transmit messages described in this
chapter or perform related activities in providing telephone
services.
311.2. (a) Every person who knowingly sends or causes to be sent,
or brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, or prints, with intent to distribute or to exhibit to
others, or who offers to distribute, distributes, or exhibits to
others, any obscene matter is for a first offense, guilty of a
misdemeanor. If the person has previously been convicted of any
violation of this section, the court may, in addition to the
punishment authorized in Section 311.9, impose a fine not exceeding
fifty thousand dollars ($50,000).
(b) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or to
exhibit to, or to exchange with, others for commercial consideration,
or who offers to distribute, distributes, or exhibits to, or
exchanges with, others for commercial consideration, any obscene
matter, knowing that the matter depicts a person under the age of 18
years personally engaging in or personally simulating ***ual conduct,
as defined in Section 311.4, is guilty of a felony and shall be
punished by imprisonment in the state prison for two, three, or six
years, or by a fine not exceeding one hundred thousand dollars
($100,000), in the absence of a finding that the defendant would be
incapable of paying that fine, or by both that fine and imprisonment.
(c) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or
exhibit to, or to exchange with, a person 18 years of age or older,
or who offers to distribute, distributes, or exhibits to, or
exchanges with, a person 18 years of age or older any matter, knowing
that the matter depicts a person under the age of 18 years
personally engaging in or personally simulating ***ual conduct, as
defined in Section 311.4, shall be punished by imprisonment in the
county jail for up to one year, or by a fine not exceeding two
thousand dollars ($2,000), or by both that fine and imprisonment, or
by imprisonment in the state prison. It is not necessary to prove
commercial consideration or that the matter is obscene in order to
establish a violation of this subdivision. If a person has been
previously convicted of a violation of this subdivision, he or she is
guilty of a felony.
(d) Every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into this state for sale or
distribution, or in this state possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film or filmstrip, with intent to distribute or
exhibit to, or to exchange with, a person under 18 years of age, or
who offers to distribute, distributes, or exhibits to, or exchanges
with, a person under 18 years of age any matter, knowing that the
matter depicts a person under the age of 18 years personally engaging
in or personally simulating ***ual conduct, as defined in Section
311.4, is guilty of a felony. It is not necessary to prove commercial
consideration or that the matter is obscene in order to establish a
violation of this subdivision.
(e) Subdivisions (a) to (d), inclusive, do not apply to the
activities of law enforcement and prosecuting agencies in the
investigation and prosecution of criminal offenses, to legitimate
medical, scientific, or educational activities, or to lawful conduct
between spouses.
(f) This section does not apply to matter that depicts a legally
emancipated child under the age of 18 years or to lawful conduct
between spouses when one or both are under the age of 18 years.
(g) It does not constitute a violation of this section for a
telephone corporation, as defined by Section 234 of the Public
Utilities Code, to carry or transmit messages described in this
chapter or to perform related activities in providing telephone
services.
311.3. (a) A person is guilty of ***ual exploitation of a child if
he or she knowingly develops, duplicates, prints, or exchanges any
representation of information, data, or image, including, but not
limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner, any film or filmstrip
that depicts a person under the age of 18 years engaged in an act of
***ual conduct.
(b) As used in this section, "***ual conduct" means any of the
following:
(1) ***ual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite *** or between humans and animals.
(2) Penetration of the vagina or rectum by any object.
(3) Masturbation for the purpose of ***ual stimulation of the
viewer.
(4) Sadomasochistic abuse for the purpose of ***ual stimulation of
the viewer.
(5) Exhibition of the genitals or the pubic or rectal area of any
person for the purpose of ***ual stimulation of the viewer.
(6) Defecation or urination for the purpose of ***ual stimulation
of the viewer.
(c) Subdivision (a) does not apply to the activities of law
enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses or to legitimate medical,
scientific, or educational activities, or to lawful conduct between
spouses.
(d) Every person who violates subdivision (a) shall be punished by
a fine of not more than two thousand dollars ($2,000) or by
imprisonment in a county jail for not more than one year, or by both
that fine and imprisonment. If the person has been previously
convicted of a violation of subdivision (a) or any section of this
chapter, he or she shall be punished by imprisonment in the state
prison.
(e) The provisions of this section do not apply to an employee of
a commercial film developer who is acting within the scope of his or
her employment and in accordance with the instructions of his or her
employer, provided that the employee has no financial interest in the
commercial developer by which he or she is employed.
(f) Subdivision (a) does not apply to matter that is unsolicited
and is received without knowledge or consent through a facility,
system, or network over which the person or entity has no control.
311.4. (a) Every person who, with knowledge that a person is a
minor, or who, while in possession of any facts on the basis of which
he or she should reasonably know that the person is a minor, hires,
employs, or uses the minor to do or assist in doing any of the acts
described in Section 311.2, shall be punished by imprisonment in the
county jail for up to one year, or by a fine not exceeding two
thousand dollars ($2,000), or by both that fine and imprisonment, or
by imprisonment in the state prison. If the person has previously
been convicted of any violation of this section, the court may, in
addition to the punishment authorized in Section 311.9, impose a fine
not exceeding fifty thousand dollars ($50,000).
(b) Every person who, with knowledge that a person is a minor
under the age of 18 years, or who, while in possession of any facts
on the basis of which he or she should reasonably know that the
person is a minor under the age of 18 years, knowingly promotes,
employs, uses, persuades, induces, or coerces a minor under the age
of 18 years, or any parent or guardian of a minor under the age of 18
years under his or her control who knowingly permits the minor, to
engage in or assist others to engage in either posing or modeling
alone or with others for purposes of preparing any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film, filmstrip, or a live performance involving,
***ual conduct by a minor under the age of 18 years alone or with
other persons or animals, for commercial purposes, is guilty of a
felony and shall be punished by imprisonment in the state prison for
three, six, or eight years.
(c) Every person who, with knowledge that a person is a minor
under the age of 18 years, or who, while in possession of any facts
on the basis of which he or she should reasonably know that the
person is a minor under the age of 18 years, knowingly promotes,
employs, uses, persuades, induces, or coerces a minor under the age
of 18 years, or any parent or guardian of a minor under the age of 18
years under his or her control who knowingly permits the minor, to
engage in or assist others to engage in either posing or modeling
alone or with others for purposes of preparing any representation of
information, data, or image, including, but not limited to, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated image that contains or incorporates in
any manner, any film, filmstrip, or a live performance involving,
***ual conduct by a minor under the age of 18 years alone or with
other persons or animals, is guilty of a felony. It is not necessary
to prove commercial purposes in order to establish a violation of
this subdivision.
(d) (1) As used in subdivisions (b) and (c), "***ual conduct"
means any of the following, whether actual or simulated: ***ual
intercourse, oral copulation, anal intercourse, anal oral copulation,
masturbation, bestiality, ***ual sadism, ***ual masochism,
penetration of the vagina or rectum by any object in a lewd or
lascivious manner, exhibition of the genitals or pubic or rectal area
for the purpose of ***ual stimulation of the viewer, any lewd or
lascivious ***ual act as defined in Section 288, or excretory
functions performed in a lewd or lascivious manner, whether or not
any of the above conduct is performed alone or between members of the
same or opposite *** or between humans and animals. An act is
simulated when it gives the appearance of being ***ual conduct.
(2) As used in subdivisions (b) and (c), "matter" means any film,
filmstrip, photograph, negative, slide, photocopy, videotape, video
laser disc, computer hardware, computer software, computer floppy
disc, or any other computer-related equipment or computer-generated
image that contains or incorporates in any manner, any film,
filmstrip, photograph, negative, slide, photocopy, videotape, or
video laser disc.
(e) This section does not apply to a legally emancipated minor or
to lawful conduct between spouses if one or both are under the age of
18.
(f) In every prosecution under this section involving a minor
under the age of 14 years at the time of the offense, the age of the
victim shall be pled and proven for the purpose of the enhanced
penalty provided in Section 647.6. Failure to plead and prove that
the victim was under the age of 14 years at the time of the offense
is not a bar to prosecution under this section if it is proven that
the victim was under the age of 18 years at the time of the offense.
311.5. Every person who writes, creates, or solicits the
publication or distribution of advertising or other promotional
material, or who in any manner promotes, the sale, distribution, or
exhibition of matter represented or held out by him to be obscene, is
guilty of a misdemeanor.
311.6. Every person who knowingly engages or participates in,
manages, produces, sponsors, presents or exhibits obscene live
conduct to or before an assembly or audience consisting of at least
one person or spectator in any public place or in any place exposed
to public view, or in any place open to the public or to a segment
thereof, whether or not an admission fee is charged, or whether or
not attendance is conditioned upon the presentation of a membership
card or other token, is guilty of a misdemeanor.
311.7. Every person who, knowingly, as a condition to a sale,
allocation, consignment, or delivery for resale of any paper,
magazine, book, periodical, publication or other merchandise,
requires that the purchaser or consignee receive any obscene matter
or who denies or threatens to deny a franchise, revokes or threatens
to revoke, or imposes any penalty, financial or otherwise, by reason
of the failure of any person to accept obscene matter, or by reason
of the return of such obscene matter, is guilty of a misdemeanor.
311.8. (a) It shall be a defense in any prosecution for a violation
of this chapter that the act charged was committed in aid of
legitimate scientific or educational purposes.
(b) It shall be a defense in any prosecution for a violation of
this chapter by a person who knowingly distributed any obscene matter
by the use of telephones or telephone facilities to any person under
the age of 18 years that the defendant has taken either of the
following measures to restrict access to the obscene matter by
persons under 18 years of age:
(1) Required the person receiving the obscene matter to use an
authorized access or identification code, as provided by the
information provider, before transmission of the obscene matter
begins, where the defendant has previously issued the code by mailing
it to the applicant therefor after taking reasonable measures to
ascertain that the applicant was 18 years of age or older and has
established a procedure to immediately cancel the code of any person
after receiving notice, in writing or by telephone, that the code has
been lost, stolen, or used by persons under the age of 18 years or
that the code is no longer desired.
(2) Required payment by credit card before transmission of the
matter.
(c) Any list of applicants or recipients compiled or maintained by
an information-access service provider for purposes of compliance
with subdivision (b) is confidential and shall not be sold or
otherwise disseminated except upon order of the court.
311.9. (a) Every person who violates subdivision (a) of Section
311.2 or Section 311.5 is punishable by fine of not more than one
thousand dollars ($1,000) plus five dollars ($5) for each additional
unit of material coming within the provisions of this chapter, which
is involved in the offense, not to exceed ten thousand dollars
($10,000), or by imprisonment in the county jail for not more than
six months plus one day for each additional unit of material coming
within the provisions of this chapter, and which is involved in the
offense, not to exceed a total of 360 days in the county jail, or by
both that fine and imprisonment. If that person has previously been
convicted of any offense in this chapter, or of a violation of
Section 313.1, a violation of subdivision (a) of Section 311.2 or
Section 311.5 is punishable as a felony.
(b) Every person who violates subdivision (a) of Section 311.4 is
punishable by fine of not more than two thousand dollars ($2,000) or
by imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment, or by imprisonment in the state
prison. If that person has been previously convicted of a violation
of former Section 311.3 or Section 311.4 he or she is punishable by
imprisonment in the state prison.
(c) Every person who violates Section 311.7 is punishable by fine
of not more than one thousand dollars ($1,000) or by imprisonment in
the county jail for not more than six months, or by both that fine
and imprisonment. For a second and subsequent offense he or she shall
be punished by a fine of not more than two thousand dollars
($2,000), or by imprisonment in the county jail for not more than one
year, or by both that fine and imprisonment. If the person has been
twice convicted of a violation of this chapter, a violation of
Section 311.7 is punishable as a felony.
311.10. (a) Any person who advertises for sale or distribution any
obscene matter knowing that it depicts a person under the age of 18
years personally engaging in or personally simulating ***ual conduct,
as defined in Section 311.4, is guilty of a felony and is punishable
by imprisonment in the state prison for two, three, or four years,
or in a county jail not exceeding one year, or by a fine not
exceeding fifty thousand dollars ($50,000), or by both such fine and
imprisonment.
(b) Subdivision (a) shall not apply to the activities of law
enforcement and prosecution agencies in the investigation and
prosecution of criminal offenses.
311.11. (a) Every person who knowingly possesses or controls any
matter, representation of information, data, or image, including, but
not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner, any film or filmstrip,
the production of which involves the use of a person under the age of
18 years, knowing that the matter depicts a person under the age of
18 years personally engaging in or simulating ***ual conduct, as
defined in subdivision (d) of Section 311.4, is guilty of a felony
and shall be punished by imprisonment in the state prison, or a
county jail for up to one year, or by a fine not exceeding two
thousand five hundred dollars ($2,500), or by both the fine and
imprisonment.
(b) Every person who commits a violation of subdivision (a), and
who has been previously convicted of a violation of this section, an
offense requiring registration under the *** Offender Registration
Act, or an attempt to commit any of the above-mentioned offenses, is
guilty of a felony and shall be punished by imprisonment in the state
prison for two, four, or six years.
(c) It is not necessary to prove that the matter is obscene in
order to establish a violation of this section.
(d) This section does not apply to drawings, figurines, statues,
or any film rated by the Motion Picture Association of America, nor
does it apply to live or recorded telephone messages when
transmitted, disseminated, or distributed as part of a commercial
transaction.
312. Upon the conviction of the accused, the court may, when the
conviction becomes final, order any matter or advertisement, in
respect whereof the accused stands convicted, and which remains in
the possession or under the control of the district attorney or any
law enforcement agency, to be destroyed, and the court may cause to
be destroyed any such material in its possession or under its
control.
312.1. In any prosecution for a violation of the provisions of this
chapter or of Chapter 7.6 (commencing with Section 313), neither the
prosecution nor the defense shall be required to introduce expert
witness testimony concerning the obscene or harmful character of the
matter or live conduct which is the subject of the prosecution. Any
evidence which tends to establish contemporary community standards of
appeal to prurient interest or of customary limits of candor in the
description or representation of nudity, ***, or excretion, or which
bears upon the question of significant literary, artistic, political,
educational, or scientific value shall, subject to the provisions of
the Evidence Code, be admissible when offered by either the
prosecution or by the defense.
312.3. (a) Matter that depicts a person under the age of 18 years
personally engaging in or personally simulating ***ual conduct as
defined in Section 311.4 and that is in the possession of any city,
county, city and county, or state official or agency is subject to
forfeiture pursuant to this section.
(b) An action to forfeit matter described in subdivision (a) may
be brought by the Attorney General, the district attorney, county
counsel, or the city attorney. Proceedings shall be initiated by a
petition of forfeiture filed in the superior court of the county in
which the matter is located.
(c) The prosecuting agency shall make service of process of a
notice regarding that petition upon every individual who may have a
property interest in the alleged proceeds. The notice shall state
that any interested party may file a verified claim with the superior
court stating the amount of their claimed interest and an
affirmation or denial of the prosecuting agency's allegation. If the
notice cannot be given by registered mail or personal delivery, the
notice shall be published for at least three successive weeks in a
newspaper of general circulation in the county where the property is
located. All notices shall set forth the time within which a claim
of interest in the property seized is required to be filed.
(d) (1) Any person claiming an interest in the property or
proceeds may, at any time within 30 days from the date of the first
publication of the notice of seizure, or within 30 days after receipt
of actual notice, file with the superior court of the county in
which the action is pending a verified claim stating his or her
interest in the property or proceeds. A verified copy of the claim
shall be given by the claimant to the Attorney General or district
attorney, county counsel, or city attorney, as appropriate.
(2) If, at the end of the time set forth in paragraph (1), an
interested person has not filed a claim, the court, upon motion,
shall declare that the person has defaulted upon his or her alleged
interest, and it shall be subject to forfeiture upon proof of
compliance with subdivision (c).
(e) The burden is on the petitioner to prove beyond a reasonable
doubt that matter is subject to forfeiture pursuant to this section.
(f) It is not necessary to seek or obtain a criminal conviction
prior to the entry of an order for the destruction of matter pursuant
to this section. Any matter described in subdivision (a) that is in
the possession of any city, county, city and county, or state
official or agency, including found property, or property obtained as
the result of a case in which no trial was had or that has been
disposed of by way of dismissal or otherwise than by way of
conviction may be ordered destroyed.
(g) A court order for destruction of matter described in
subdivision (a) may be carried out by a police or sheriff's
department or by the Department of Justice. The court order shall
specify the agency responsible for the destruction.
(h) As used in this section, "matter" means any book, magazine,
newspaper, or other printed or written material or any picture,
drawing, photograph, motion picture, or other pictorial
representation, or any statue or other figure, or any recording,
transcription or mechanical, chemical or electrical reproduction, or
any other articles, equipment, machines, or materials. "Matter" also
means any representation of information, data, or image, including,
but not limited to, any film, filmstrip, photograph, negative, slide,
photocopy, videotape, video laser disc, computer hardware, computer
software, computer floppy disc, data storage media, CD-ROM, or
computer-generated equipment or any other computer-generated image
that contains or incorporates in any manner any film or filmstrip.
(i) This section does not apply to a depiction of a legally
emancipated minor or to lawful conduct between spouses if one or both
are under the age of 18.
(j) It is a defense in any forfeiture proceeding that the matter
seized was lawfully possessed in aid of legitimate scientific or
educational purposes.
312.5. If any phrase, clause, sentence, section or provision of
this chapter or application thereof to any person or circumstance is
held invalid, such invalidity shall not affect any other phrase,
clause, sentence, section, provision or application of this chapter,
which can be given effect without the invalid phrase, clause,
sentence, section, provision or application and to this end the
provisions of this chapter are declared to be severable.
312.6. (a) It does not constitute a violation of this chapter for a
person or entity solely to provide access or connection to or from a
facility, system, or network over which that person or entity has no
control, including related capabilities that are incidental to
providing access or connection. This subdivision does not apply to
an individual or entity that is owned or controlled by, or a
conspirator with, an entity actively involved in the creation,
editing, or knowing distribution of communications that violate this
chapter.
(b) An employer is not liable under this chapter for the actions
of an employee or agent unless the employee's or agent's conduct is
within the scope of his or her employment or agency and the employer
has knowledge of, authorizes, or ratifies the employee's or agent's
conduct.
(c) It is a defense to prosecution under this chapter and in any
civil action that may be instituted based on a violation of this
chapter that a person has taken reasonable, effective, and
appropriate actions in good faith to restrict or prevent the
transmission of, or access to, a communication specified in this
chapter.
312.7. Nothing in this chapter shall be construed to apply to
interstate services or to any other activities or actions for which
states are prohibited from imposing liability pursuant to Paragraph
(4) of subsection (g) of Section 223 of Title 47 of the United States
Code.[/align]
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Harmful matter
[align=left]
313. As used in this chapter:
(a) "Harmful matter" means matter, taken as a whole, which to the
average person, applying contemporary statewide standards, appeals to
the prurient interest, and is matter which, taken as a whole,
depicts or describes in a patently offensive way ***ual conduct and
which, taken as a whole, lacks serious literary, artistic, political,
or scientific value for minors.
(1) When it appears from the nature of the matter or the
circumstances of its dissemination, distribution or exhibition that
it is designed for clearly defined deviant ***ual groups, the appeal
of the matter shall be judged with reference to its intended
recipient group.
(2) In prosecutions under this chapter, where circumstances of
production, presentation, sale, dissemination, distribution, or
publicity indicate that matter is being commercially exploited by
the defendant for the sake of its prurient appeal, that evidence is
probative with respect to the nature of the matter and can justify
the conclusion that the matter lacks serious literary, artistic,
political, or scientific value for minors.
(b) "Matter" means any book, magazine, newspaper, video recording,
or other printed or written material or any picture, drawing,
photograph, motion picture, or other pictorial representation or any
statue or other figure, or any recording, transcription, or
mechanical, chemical, or electrical reproduction or any other
articles, equipment, machines, or materials. "Matter" also includes
live or recorded telephone messages when transmitted, disseminated,
or distributed as part of a commercial transaction.
(c) "Person" means any individual, partnership, firm, association,
corporation, limited liability company, or other legal entity.
(d) "Distribute" means to transfer possession of, whether with or
without consideration.
(e) "Knowingly" means being aware of the character of the matter.
(f) "Exhibit" means to show.
(g) "Minor" means any natural person under 18 years of age.
313.1. (a) Every person who, with knowledge that a person is a
minor, or who fails to exercise reasonable care in ascertaining the
true age of a minor, knowingly sells, rents, distributes, sends,
causes to be sent, exhibits, or offers to distribute or exhibit by
any means, including, but not limited to, live or recorded telephone
messages, any harmful matter to the minor shall be punished as
specified in Section 313.4.
It does not constitute a violation of this section for a telephone
corporation, as defined by Section 234 of the Public Utilities Code,
to carry or transmit messages described in this chapter or to
perform related activities in providing telephone services.
(b) Every person who misrepresents himself or herself to be the
parent or guardian of a minor and thereby causes the minor to be
admitted to an exhibition of any harmful matter shall be punished as
specified in Section 313.4.
(c) (1) Any person who knowingly displays, sells, or offers to
sell in any coin-operated or slug-operated vending machine or
mechanically or electronically controlled vending machine that is
located in a public place, other than a public place from which
minors are excluded, any harmful matter displaying to the public view
photographs or pictorial representations of the commission of any of
the following acts shall be punished as specified in Section 313.4:
sodomy, oral copulation, ***ual intercourse, masturbation,
bestiality, or a photograph of an exposed penis in an erect and
turgid state.
(2) Any person who knowingly displays, sells, or offers to sell in
any coin-operated vending machine that is not supervised by an adult
and that is located in a public place, other than a public place
from which minors are excluded, any harmful matter, as defined in
subdivision (a) of Section 313, shall be punished as specified in
Section 313.4.
(d) Nothing in this section invalidates or prohibits the adoption
of an ordinance by a city, county, or city and county that restricts
the display of material that is harmful to minors, as defined in this
chapter, in a public place, other than a public place from which
minors are excluded, by requiring the placement of devices commonly
known as blinder racks in front of the material, so that the lower
two-thirds of the material is not exposed to view.
(e) Any person who sells or rents video recordings of harmful
matter shall create an area within his or her business establishment
for the placement of video recordings of harmful matter and for any
material that advertises the sale or rental of these video
recordings. This area shall be labeled "adults only." The failure
to create and label the area is an infraction, punishable by a fine
not to exceed one hundred dollars ($100). The failure to place a
video recording or advertisement, regardless of its content, in this
area shall not constitute an infraction. Any person who sells or
distributes video recordings of harmful matter to others for resale
purposes shall inform the purchaser of the requirements of this
section. This subdivision shall not apply to public libraries as
defined in Section 18710 of the Education Code.
(f) Any person who rents a video recording and alters the video
recording by adding harmful material, and who then returns the video
recording to a video rental store, shall be guilty of a misdemeanor.
It shall be a defense in any prosecution for a violation of this
subdivision that the video rental store failed to post a sign,
reasonably visible to all customers, delineating the provisions of
this subdivision.
(g) It shall be a defense in any prosecution for a violation of
subdivision (a) by a person who knowingly distributed any harmful
matter by the use of telephones or telephone facilities to any person
under the age of 18 years that the defendant has taken either of the
following measures to restrict access to the harmful matter by
persons under 18 years of age:
(1) Required the person receiving the harmful matter to use an
authorized access or identification code, as provided by the
information provider, before transmission of the harmful matter
begins, where the defendant previously has issued the code by mailing
it to the applicant after taking reasonable measures to ascertain
that the applicant was 18 years of age or older and has established a
procedure to immediately cancel the code of any person after
receiving notice, in writing or by telephone, that the code has been
lost, stolen, or used by persons under the age of 18 years or that
the code is no longer desired.
(2) Required payment by credit card before transmission of the
matter.
(h) It shall be a defense in any prosecution for a violation of
paragraph (2) of subdivision (c) that the defendant has taken either
of the following measures to restrict access to the harmful matter by
persons under 18 years of age:
(1) Required the person receiving the harmful matter to use an
authorized access or identification card to the vending machine after
taking reasonable measures to ascertain that the applicant was 18
years of age or older and has established a procedure to immediately
cancel the card of any person after receiving notice, in writing or
by telephone, that the code has been lost, stolen, or used by persons
under the age of 18 years or that the card is no longer desired.
(2) Required the person receiving the harmful matter to use a
token in order to utilize the vending machine after taking reasonable
measures to ascertain that the person was 18 years of age or older.
(i) Any list of applicants or recipients compiled or maintained by
an information-access service provider for purposes of compliance
with paragraph (1) of subdivision (g) is confidential and shall not
be sold or otherwise disseminated except upon order of the court.
313.2. (a) Nothing in this chapter shall prohibit any parent or
guardian from distributing any harmful matter to his child or ward or
permitting his child or ward to attend an exhibition of any harmful
matter if the child or ward is accompanied by him.
(b) Nothing in this chapter shall prohibit any person from
exhibiting any harmful matter to any of the following:
(1) A minor who is accompanied by his parent or guardian.
(2) A minor who is accompanied by an adult who represents himself
to be the parent or guardian of the minor and whom the person, by the
exercise of reasonable care, does not have reason to know is not the
parent or guardian of the minor.
313.3. It shall be a defense in any prosecution for a violation of
this chapter that the act charged was committed in aid of legitimate
scientific or educational purposes.
313.4. Every person who violates Section 313.1, other than
subdivision (e), is punishable by fine of not more than two thousand
dollars ($2,000), by imprisonment in the county jail for not more
than one year, or by both that fine and imprisonment. However, if
the person has been previously convicted of a violation of Section
313.1, other than subdivision (e), or of any section of Chapter 7.5
(commencing with Section 311) of Title 9 of Part 1 of this code, the
person shall be punished by imprisonment in the state prison.
313.5. If any phrase, clause, sentence, section or provision of
this chapter or application thereof to any person or circumstance is
held invalid, such invalidity shall not affect any other phrase,
clause, sentence, section, provision or application of this chapter,
which can be given effect without the invalid phrase, clause,
sentence, section, provision or application and to this end the
provisions of this chapter are declared to be severable.
[/align]
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And other disorderly houses
[align=left]
314. Every person who willfully and lewdly, either:
1. Exposes his person, or the private parts thereof, in any
public place, or in any place where there are present other persons
to be offended or annoyed thereby; or,
2. Procures, counsels, or assists any person so to expose
himself or take part in any model artist exhibition, or to make any
other exhibition of himself to public view, or the view of any number
of persons, such as is offensive to decency, or is adapted to excite
to vicious or lewd thoughts or acts,
is guilty of a misdemeanor.
Every person who violates subdivision 1 of this section after
having entered, without consent, an inhabited dwelling house, or
trailer coach as defined in Section 635 of the Vehicle Code, or the
inhabited portion of any other building, is punishable by
imprisonment in the state prison, or in the county jail not exceeding
one year.
Upon the second and each subsequent conviction under subdivision 1
of this section, or upon a first conviction under subdivision 1 of
this section after a previous conviction under Section 288, every
person so convicted is guilty of a felony, and is punishable by
imprisonment in state prison.
315. Every person who keeps a house of ill-fame in this state,
resorted to for the purposes of prostitution or lewdness, or who
willfully resides in such house, is guilty of a misdemeanor; and in
all prosecutions for keeping or resorting to such a house common
repute may be received as competent evidence of the character of the
house, the purpose for which it is kept or used, and the character of
the women inhabiting or resorting to it.
316. Every person who keeps any disorderly house, or any house for
the purpose of assignation or prostitution, or any house of public
resort, by which the peace, comfort, or decency of the immediate
neighborhood is habitually disturbed, or who keeps any inn in a
disorderly manner; and every person who lets any apartment or
tenement, knowing that it is to be used for the purpose of
assignation or prostitution, is guilty of a misdemeanor.
318. Whoever, through invitation or device, prevails upon any
person to visit any room, building, or other places kept for the
purpose of illegal gambling or prostitution, is guilty of a
misdemeanor, and, upon conviction thereof, shall be confined in the
county jail not exceeding six months, or fined not exceeding five
hundred dollars ($500), or be punished by both that fine and
imprisonment.
318.5. (a) Nothing in this code shall invalidate an ordinance of,
or be construed to prohibit the adoption of an ordinance by, a county
or city, if that ordinance directly regulates the exposure of the
genitals or buttocks of any person, or the breasts of any female
person, who acts as a waiter, waitress, or entertainer, whether or
not the owner of the establishment in which the activity is performed
employs or pays any compensation to that person to perform the
activity, in an adult or ***ually oriented business. For purposes of
this section, an "adult or ***ually oriented business" includes any
establishment that regularly features live performances which are
distinguished or characterized by an emphasis on the exposure of the
genitals or buttocks of any person, or the breasts of any female
person, or specified ***ual activities that involve the exposure of
the genitals or buttocks of any person, or the breasts of any female
person.
(b) The provisions of this section shall not be construed to apply
to any adult or ***ually oriented business, as defined herein, that
has been adjudicated by a court of competent jurisdiction to be, or
by action of a local body such as issuance of an adult entertainment
establishment license or permit allowing the business to operate on
or before July 1, 1998, as, a theater, concert hall, or similar
establishment primarily devoted to theatrical performances for
purposes of this section.
This section shall be known and may be cited as the "Quimby-Walsh
Act."
318.6. (a) Nothing in this code shall invalidate an ordinance of,
or be construed to prohibit the adoption of an ordinance by, a city
or county, if that ordinance relates to any live acts,
demonstrations, or exhibitions occurring within adult or ***ually
oriented businesses and involve the exposure of the genitals or
buttocks of any participant or the breasts of any female participant,
and if that ordinance prohibits an act or acts which are not
expressly authorized or prohibited by this code.
(b) For purposes of this section, an "adult or ***ually oriented
business" includes any establishment that regularly features live
performances which are distinguished or characterized by an emphasis
on the exposure of the genitals or buttocks of any person, or the
breasts of any female person or ***ual activities that involve the
exposure of the genitals or buttocks of any person, or the breasts of
any female person.
(c) The provisions of this section shall not be construed to apply
to any adult or ***ually oriented business, as defined herein, that
has been adjudicated by a court of competent jurisdiction to be, or
by action of a local body such as issuance of an adult entertainment
establishment license or permit allowing the business to operate on
or before July 1, 1998, as, a theater, concert hall, or similar
establishment primarily devoted to theatrical performances for
purposes of this section.
(d) This section shall not be construed to preempt the legislative
body of any city or county from regulating an adult or ***ually
oriented business, or similar establishment, in the manner and to the
extent permitted by the United States Constitution and the
California Constitution.
[/align]
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Lotteries
[align=left]
319. A lottery is any scheme for the disposal or distribution of
property by chance, among persons who have paid or promised to pay
any valuable consideration for the chance of obtaining such property
or a portion of it, or for any share or any interest in such
property, upon any agreement, understanding, or expectation that it
is to be distributed or disposed of by lot or chance, whether called
a lottery, raffle, or gift enterprise, or by whatever name the same
may be known.
319.3. (a) In addition to Section 319, a lottery also shall include
a grab bag game which is a scheme whereby, for the disposal or
distribution of sports trading cards by chance, a person pays
valuable consideration to purchase a sports trading card grab bag
with the understanding that the purchaser has a chance to win a
designated prize or prizes listed by the seller as being contained in
one or more, but not all, of the grab bags.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Sports trading card grab bag" means a sealed package which
contains one or more sports trading cards that have been removed from
the manufacturer's original packaging. A "sports trading card grab
bag" does not include a sweepstakes, or procedure for the
distribution of any sports trading card of value by lot or by chance,
which is not unlawful under other provisions of law.
(2) "Sports trading card" means any card produced for use in
commerce that contains a company name or logo, or both, and an image,
representation, or facsimile of one or more players or other team
member or members in any pose, and that is produced pursuant to an
appropriate licensing agreement.
319.5. Neither this chapter nor Chapter 10 (commencing with Section
330) applies to the possession or operation of a reverse vending
machine. As used in this section a reverse vending machine is a
machine in which empty beverage containers are deposited for
recycling and which provides a payment of money, merchandise,
vouchers, or other incentives at a frequency less than upon each
deposit. The pay out of a reverse vending machine is made on a
deposit selected at random within the designated number of required
deposits.
The deposit of an empty beverage container in a reverse vending
machine does not constitute consideration within the definition of
lottery in Section 319.
320. Every person who contrives, prepares, sets up, proposes, or
draws any lottery, is guilty of a misdemeanor.
320.5. (a) Nothing in this chapter applies to any raffle conducted
by an eligible organization as defined in subdivision (c) for the
purpose of directly supporting beneficial or charitable purposes or
financially supporting another private, nonprofit, eligible
organization that performs beneficial or charitable purposes if the
raffle is conducted in accordance with this section.
(b) For purposes of this section, "raffle" means a scheme for the
distribution of prizes by chance among persons who have paid money
for paper tickets that provide the opportunity to win these prizes,
where all of the following are true:
(1) Each ticket is sold with a detachable coupon or stub, and both
the ticket and its associated coupon or stub are marked with a
unique and matching identifier.
(2) Winners of the prizes are determined by draw from among the
coupons or stubs described in paragraph (1) that have been detached
from all tickets sold for entry in the draw.
(3) The draw is conducted in California under the supervision of a
natural person who is 18 years of age or older.
(4) (A) At least 90 percent of the gross receipts generated from
the sale of raffle tickets for any given draw are used by the
eligible organization conducting the raffle to benefit or provide
support for beneficial or charitable purposes, or it may use those
revenues to benefit another private, nonprofit organization, provided
that an organization receiving these funds is itself an eligible
organization as defined in subdivision (c). As used in this section,
"beneficial purposes" excludes purposes that are intended to benefit
officers, directors, or members, as defined by Section 5056 of the
Corporations Code, of the eligible organization. In no event shall
funds raised by raffles conducted pursuant to this section be used to
fund any beneficial, charitable, or other purpose outside of
California. This section does not preclude an eligible organization
from using funds from sources other than the sale of raffle tickets
to pay for the administration or other costs of conducting a raffle.
(B) An employee of an eligible organization who is a direct seller
of raffle tickets shall not be treated as an employee for purposes
of workers' compensation under Section 3351 of the Labor Code if the
following conditions are satisfied:
(i) Substantially all of the remuneration (whether or not paid in
cash) for the performance of the service of selling raffle tickets is
directly related to sales rather than to the number of hours worked.
(ii) The services performed by the person are performed pursuant
to a written contract between the seller and the eligible
organization and the contract provides that the person will not be
treated as an employee with respect to the selling of raffle tickets
for workers' compensation purposes.
(C) For purposes of this section, employees selling raffle tickets
shall be deemed to be direct sellers as described in Section 650 of
the Unemployment Insurance Code as long as they meet the requirements
of that section.
(c) For purposes of this section, "eligible organization" means a
private, nonprofit organization that has been qualified to conduct
business in California for at least one year prior to conducting a
raffle and is exempt from taxation pursuant to Sections 23701a,
23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or
23701w of the Revenue and Taxation Code.
(d) Any person who receives compensation in connection with the
operation of the raffle shall be an employee of the eligible
organization that is conducting the raffle, and in no event may
compensation be paid from revenues required to be dedicated to
beneficial or charitable purposes.
(e) No raffle otherwise permitted under this section may be
conducted by means of, or otherwise utilize, any gaming machine,
apparatus, or device, whether or not that machine, apparatus, or
device meets the definition of slot machine contained in Section
330a, 330b, or 330.1.
(f) No raffle otherwise permitted under this section may be
conducted, nor may tickets for a raffle be sold, within an operating
satellite wagering facility or racetrack inclosure licensed pursuant
to the Horse Racing Law (Chapter 4 (commencing with Section 19400) of
Division 8 of the Business and Professions Code) or within a
gambling establishment licensed pursuant to the Gambling Control Act
(Chapter 5 (commencing with Section 19800) of Division 8 of the
Business and Professions Code). A raffle may not be advertised,
operated, or conducted in any manner over the Internet, nor may
raffle tickets be sold, traded, or redeemed over the Internet. For
purposes of this section, advertisement shall not be defined to
include the announcement of a raffle on the Web site of the
organization responsible for conducting the raffle.
(g) No individual, corporation, partnership, or other legal entity
shall hold a financial interest in the conduct of a raffle, except
the eligible organization that is itself authorized to conduct that
raffle, and any private, nonprofit, eligible organizations receiving
financial support from that charitable organization pursuant to
subdivisions (a) and (b).
(h) (1) An eligible organization may not conduct a raffle
authorized under this section, unless it registers annually with the
Department of Justice. The department shall furnish a registration
form via the Internet or upon request to eligible nonprofit
organizations. The department shall, by regulation, collect only the
information necessary to carry out the provisions of this section on
this form. This information shall include, but is not limited to,
the following:
(A) The name and address of the eligible organization.
(B) The federal tax identification number, the corporate number
issued by the Secretary of State, the organization number issued by
the Franchise Tax Board, or the California charitable trust
identification number of the eligible organization.
(C) The name and title of a responsible fiduciary of the
organization.
(2) The department may require an eligible organization to pay an
annual registration fee of ten dollars ($10) to cover the actual
costs of the department to administer and enforce this section. The
department may, by regulation, adjust the annual registration fee as
needed to ensure that revenues willfully offset, but do not exceed,
the actual costs incurred by the department pursuant to this section.
The fee shall be deposited by the department into the General Fund.
(3) The department shall receive General Fund moneys for the costs
incurred pursuant to this section subject to an appropriation by the
Legislature.
(4) The department shall adopt regulations necessary to effectuate
this section, including emergency regulations, pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(5) The department shall maintain an automated data base of all
registrants. Each local law enforcement agency shall notify the
department of any arrests or investigation that may result in an
administrative or criminal action against a registrant. The
department may audit the records and other documents of a registrant
to ensure compliance with this section.
(6) Once registered, an eligible organization must file annually
thereafter with the department a report that includes the following:
(A) The aggregate gross receipts from the operation of raffles.
(B) The aggregate direct costs incurred by the eligible
organization from the operation of raffles.
(C) The charitable or beneficial purposes for which proceeds of
the raffles were used, or identify the eligible recipient
organization to which proceeds were directed, and the amount of those
proceeds.
(7) The department shall annually furnish to registrants a form to
collect this information.
(8) The registration and reporting provisions of this section do
not apply to any religious corporation sole or other religious
corporation or organization that holds property for religious
purposes, to a cemetery corporation regulated under Chapter 19 of
Division 3 of the Business and Professions Code, or to any committee
as defined in Section 82013 that is required to and does file any
statement pursuant to the provisions of Article 2 (commencing with
Section 84200) of Chapter 4 of Title 9, or to a charitable
corporation organized and operated primarily as a religious
organization, educational institution, hospital, or a health care
service plan licensed pursuant to Section 1349 of the Health and
Safety Code.
(i) The department may take legal action against a registrant if
it determines that the registrant has violated this section or any
regulation adopted pursuant to this section, or that the registrant
has engaged in any conduct that is not in the best interests of the
public's health, safety, or general welfare. Any action taken
pursuant to this subdivision does not prohibit the commencement of an
administrative or criminal action by the Attorney General, a
district attorney, city attorney, or county counsel.
(j) Each action and hearing conducted to deny, revoke, or suspend
a registry, or other administrative action taken against a registrant
shall be conducted pursuant to the Administrative Procedure Act
(Chapters 4.5 and 5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code). The department may
seek recovery of the costs incurred in investigating or prosecuting
an action against a registrant or applicant in accordance with those
procedures specified in Section 125.3 of the Business and Professions
Code. A proceeding conducted under this subdivision is subject to
judicial review pursuant to Section 1094.5 of the Code of Civil
Procedure.
(k) The Department of Justice shall conduct a study and report to
the Legislature by December 31, 2003, on the impact of this section
on raffle practices in California. Specifically, the study shall
include, but not be limited to, information on whether the number of
raffles has increased, the amount of money raised through raffles and
whether this amount has increased, whether there are consumer
complaints, and whether there is increased fraud in the operation of
raffles.
(l) This section shall become operative on July 1, 2001.
(m) A raffle shall be exempt from this section if it satisfies all
of the following requirements:
(1) It involves a general and indiscriminate distributing of the
tickets.
(2) The tickets are offered on the same terms and conditions as
the tickets for which a donation is given.
(3) The scheme does not require any of the participants to pay for
a chance to win.
321. Every person who sells, gives, or in any manner whatever,
furnishes or transfers to or for any other person any ticket, chance,
share, or interest, or any paper, certificate, or instrument
purporting or understood to be or to represent any ticket, chance,
share, or interest in, or depending upon the event of any lottery, is
guilty of a misdemeanor.
322. Every person who aids or assists, either by printing, writing,
advertising, publishing, or otherwise in setting up, managing, or
drawing any lottery, or in selling or disposing of any ticket,
chance, or share therein, is guilty of a misdemeanor.
323. Every person who opens, sets up, or keeps, by himself or by
any other person, any office or other place for the sale of, or for
registering the number of any ticket in any lottery, or who, by
printing, writing, or otherwise, advertises or publishes the setting
up, opening, or using of any such office, is guilty of a misdemeanor.
324. Every person who insures or receives any consideration for
insuring for or against the drawing of any ticket in any lottery
whatever, whether drawn or to be drawn within this State or not, or
who receives any valuable consideration upon any agreement to repay
any sum, or deliver the same, or any other property, if any lottery
ticket or number of any ticket in any lottery shall prove fortunate
or unfortunate, or shall be drawn or not be drawn, at any particular
time or in any particular order, or who promises or agrees to pay any
sum of money, or to deliver any goods, things in action, or
property, or to forbear to do anything for the benefit of any person,
with or without consideration, upon any event or contingency
dependent on the drawing of any ticket in any lottery, or who
publishes any notice or proposal of any of the purposes aforesaid, is
guilty of a misdemeanor.
325. All moneys and property offered for sale or distribution in
violation of any of the provisions of this chapter are forfeited to
the state, and may be recovered by information filed, or by an action
brought by the Attorney General, or by any district attorney, in the
name of the state. Upon the filing of the information or complaint,
the clerk of the court must issue an attachment against the property
mentioned in the complaint or information, which attachment has the
same force and effect against such property, and is issued in the
same manner as attachments issued from the superior courts in civil
cases.
326. Every person who lets, or permits to be used, any building or
vessel, or any portion thereof, knowing that it is to be used for
setting up, managing, or drawing any lottery, or for the purpose of
selling or disposing of lottery tickets, is guilty of a misdemeanor.
326.5. (a) Neither this chapter nor Chapter 10 (commencing with
Section 330) applies to any bingo game that is conducted in a city,
county, or city and county pursuant to an ordinance enacted under
Section 19 of Article IV of the State Constitution, if the ordinance
allows games to be conducted only by organizations exempted from the
payment of the bank and corporation tax by Sections 23701a, 23701b,
23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and
Taxation Code and by mobilehome park associations and senior citizens
organizations; and if the receipts of those games are used only for
charitable purposes.
(b) It is a misdemeanor for any person to receive or pay a profit,
wage, or salary from any bingo game authorized by Section 19 of
Article IV of the State Constitution. Security personnel employed by
the organization conducting the bingo game may be paid from the
revenues of bingo games, as provided in subdivisions (j) and (k).
(c) A violation of subdivision (b) shall be punishable by a fine
not to exceed ten thousand dollars ($10,000), which fine is deposited
in the general fund of the city, county, or city and county that
enacted the ordinance authorizing the bingo game. A violation of any
provision of this section, other than subdivision (b), is a
misdemeanor.
(d) The city, county, or city and county that enacted the
ordinance authorizing the bingo game may bring an action to enjoin a
violation of this section.
(e) No minors shall be allowed to participate in any bingo game.
(f) An organization authorized to conduct bingo games pursuant to
subdivision (a) shall conduct a bingo game only on property owned or
leased by it, or property whose use is donated to the organization,
and which property is used by that organization for an office or for
performance of the purposes for which the organization is organized.
Nothing in this subdivision shall be construed to require that the
property owned or leased by, or whose use is donated to, the
organization be used or leased exclusively by, or donated exclusively
to, that organization.
(g) All bingo games shall be open to the public, not just to the
members of the authorized organization.
(h) A bingo game shall be operated and staffed only by members of
the authorized organization that organized it. Those members shall
not receive a profit, wage, or salary from any bingo game. Only the
organization authorized to conduct a bingo game shall operate such a
game, or participate in the promotion, supervision, or any other
phase of a bingo game. This subdivision does not preclude the
employment of security personnel who are not members of the
authorized organization at a bingo game by the organization
conducting the game.
(i) No individual, corporation, partnership, or other legal
entity, except the organization authorized to conduct a bingo game,
shall hold a financial interest in the conduct of a bingo game.
(j) With respect to organizations exempt from payment of the bank
and corporation tax by Section 23701d of the Revenue and Taxation
Code, all profits derived from a bingo game shall be kept in a
special fund or account and shall not be commingled with any other
fund or account. Those profits shall be used only for charitable
purposes.
(k) With respect to other organizations authorized to conduct
bingo games pursuant to this section, all proceeds derived from a
bingo game shall be kept in a special fund or account and shall not
be commingled with any other fund or account. Proceeds are the
receipts of bingo games conducted by organizations not within
subdivision (j). Those proceeds shall be used only for charitable
purposes, except as follows:
(1) The proceeds may be used for prizes.
(2) A portion of the proceeds, not to exceed 20 percent of the
proceeds before the deduction for prizes, or two thousand dollars
($2,000) per month, whichever is less, may be used for the rental of
property and for overhead, including the purchase of bingo equipment,
administrative expenses, security equipment, and security personnel.
(3) The proceeds may be used to pay license fees.
(4) A city, county, or city and county that enacts an ordinance
permitting bingo games may specify in the ordinance that if the
monthly gross receipts from bingo games of an organization within
this subdivision exceed five thousand dollars ($5,000), a minimum
percentage of the proceeds shall be used only for charitable purposes
not relating to the conducting of bingo games and that the balance
shall be used for prizes, rental of property, overhead,
administrative expenses, and payment of license fees. The amount of
proceeds used for rental of property, overhead, and administrative
expenses is subject to the limitations specified in paragraph (2).
(l) (1) A city, county, or city and county may impose a license
fee on each organization that it authorizes to conduct bingo games.
The fee, whether for the initial license or renewal, shall not exceed
fifty dollars ($50) annually, except as provided in paragraph (2).
If an application for a license is denied, one-half of any license
fee paid shall be refunded to the organization.
(2) In lieu of the license fee permitted under paragraph (1), a
city, county, or city and county may impose a license fee of fifty
dollars ($50) paid upon application. If an application for a license
is denied, one-half of the application fee shall be refunded to the
organization. An additional fee for law enforcement and public
safety costs incurred by the city, county, or city and county that
are directly related to bingo activities may be imposed and shall be
collected monthly by the city, county, or city and county issuing the
license; however, the fee shall not exceed the actual costs incurred
in providing the service.
(m) No person shall be allowed to participate in a bingo game,
unless the person is physically present at the time and place where
the bingo game is being conducted.
(n) The total value of prizes awarded during the conduct of any
bingo games shall not exceed two hundred fifty dollars ($250) in cash
or kind, or both, for each separate game which is held.
(o) As used in this section, "bingo" means a game of chance in
which prizes are awarded on the basis of designated numbers or
symbols on a card that conform to numbers or symbols selected at
random. Notwithstanding Section 330c, as used in this section, the
game of bingo includes cards having numbers or symbols that are
concealed and preprinted in a manner providing for distribution of
prizes. The winning cards shall not be known prior to the game by
any person participating in the playing or operation of the bingo
game. All preprinted cards shall bear the legend, "for sale or use
only in a bingo game authorized under California law and pursuant to
local ordinance." It is the intention of the Legislature that bingo
as defined in this subdivision applies exclusively to this section
and shall not be applied in the construction or enforcement of any
other provision of law.
327. Every person who contrives, prepares, sets up, proposes, or
operates any endless chain is guilty of a public offense, and is
punishable by imprisonment in the county jail not exceeding one year
or in state prison for 16 months, two, or three years.
As used in this section, an "endless chain" means any scheme for
the disposal or distribution of property whereby a participant pays a
valuable consideration for the chance to receive compensation for
introducing one or more additional persons into participation in the
scheme or for the chance to receive compensation when a person
introduced by the participant introduces a new participant.
Compensation, as used in this section, does not mean or include
payment based upon sales made to persons who are not participants in
the scheme and who are not purchasing in order to participate in the
scheme.
328. Nothing in this chapter shall make unlawful the printing or
other production of any advertisements for, or any ticket, chance, or
share in a lottery conducted in any other state or nation where such
lottery is not prohibited by the laws of such state or nation; or
the sale of such materials by the manufacturer thereof to any person
or entity conducting or participating in the conduct of such a
lottery in any such state or nation. This section does not authorize
any advertisement within California relating to lotteries, or the
sale or resale within California of lottery tickets, chances, or
shares to individuals, or acts otherwise in violation of any laws of
the state.
329. Upon a trial for the violation of any of the provisions of
this chapter, it is not necessary to prove the existence of any
lottery in which any lottery ticket purports to have been issued, or
to prove the actual signing of any such ticket or share, or
pretended ticket or share, of any pretended lottery, nor that any
lottery ticket, share, or interest was signed or issued by the
authority of any manager, or of any person assuming to have authority
as manager; but in all cases proof of the sale, furnishing,
bartering, or procuring of any ticket, share, or interest therein, or
of any instrument purporting to be a ticket, or part or share of any
such ticket, is evidence that such share or interest was signed and
issued according to the purport thereof.
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Gaming
[align=left]330. Every person who deals, plays, or carries on, opens, or causes
to be opened, or who conducts, either as owner or employee, whether
for hire or not, any game of faro, monte, roulette, lansquenet, rouge
et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one,
hokey-pokey, or any banking or percentage game played with cards,
dice, or any device, for money, checks, credit, or other
representative of value, and every person who plays or bets at or
against any of those prohibited games, is guilty of a misdemeanor,
and shall be punishable by a fine not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000), or by
imprisonment in the county jail not exceeding six months, or by both
the fine and imprisonment.
330a. Every person, who has in his possession or under his control,
either as owner, lessee, agent, employee, mortgagee, or otherwise,
or who permits to be placed, maintained or kept, in any room, space,
inclosure or building owned, leased or occupied by him, or under his
management or control, any slot or card machine, contrivance,
appliance or mechanical device, upon the result of action of which
money or other valuable thing is staked or hazarded, and which is
operated, or played, by placing or depositing therein any coins,
checks, slugs, balls, or other articles or device, or in any other
manner and by means whereof, or as a result of the operation of which
any merchandise, money, representative or articles of value, checks,
or tokens, redeemable in, or exchangeable for money or any other
thing of value, is won or lost, or taken from or obtained from such
machine, when the result of action or operation of such machine,
contrivance, appliance, or mechanical device is dependent upon hazard
or chance, and every person, who has in his possession or under his
control, either as owner, lessee, agent, employee, mortgagee, or
otherwise, or who permits to be placed, maintained or kept, in any
room, space, inclosure or building, owned, leased or occupied by him,
or under his management or control, any card dice, or any dice
having more than six faces or bases each, upon the result of action
of which any money or other valuable thing is staked or hazarded, or
as a result of the operation of which any merchandise, money,
representative or article of value, check or token, redeemable in or
exchangeable for money or any other thing of value, is won or lost or
taken, when the result of action or operation of such dice is
dependent upon hazard or chance, is guilty of a misdemeanor, and
shall be punishable by a fine not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000), or by
imprisonment in the county jail not exceeding six months, or by both
such fine and imprisonment.
330b. (a) It is unlawful for any person to manufacture, repair,
own, store, possess, sell, rent, lease, let on shares, lend or give
away, transport, or expose for sale or lease, or to offer to repair,
sell, rent, lease, let on shares, lend or give away, or permit the
operation, placement, maintenance, or keeping of, in any place, room,
space, or building owned, leased, or occupied, managed, or
controlled by that person, any slot machine or device, as defined in
this section.
It is unlawful for any person to make or to permit the making of
an agreement with another person regarding any slot machine or
device, by which the user of the slot machine or device, as a result
of the element of hazard or chance or other unpredictable outcome,
may become entitled to receive money, credit, allowance, or other
thing of value or additional chance or right to use the slot machine
or device, or to receive any check, slug, token, or memorandum
entitling the holder to receive money, credit, allowance, or other
thing of value.
(b) The limitations of subdivision (a), insofar as they relate to
owning, storing, possessing, or transporting any slot machine or
device, do not apply to any slot machine or device located upon or
being transported by any vessel regularly operated and engaged in
interstate or foreign commerce, so long as the slot machine or device
is located in a locked compartment of the vessel, is not accessible
for use, and is not used or operated within the territorial
jurisdiction of this state.
(c) The limitations of subdivision (a) do not apply to a
manufacturer's business activities that are conducted in accordance
with the terms of a license issued by a tribal gaming agency pursuant
to the tribal-state gaming compacts entered into in accordance with
the Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 to 1168,
inclusive, and 25 U.S.C. Sec. 2701 et seq.).
(d) For purposes of this section, "slot machine or device" means a
machine, apparatus, or device that is adapted, or may readily be
converted, for use in a way that, as a result of the insertion of any
piece of money or coin or other object, or by any other means, the
machine or device is caused to operate or may be operated, and by
reason of any element of hazard or chance or of other outcome of
operation unpredictable by him or her, the user may receive or become
entitled to receive any piece of money, credit, allowance, or thing
of value, or additional chance or right to use the slot machine or
device, or any check, slug, token, or memorandum, whether of value or
otherwise, which may be exchanged for any money, credit, allowance,
or thing of value, or which may be given in trade, irrespective of
whether it may, apart from any element of hazard or chance or
unpredictable outcome of operation, also sell, deliver, or present
some merchandise, indication of weight, entertainment, or other thing
of value.
(e) Every person who violates this section is guilty of a
misdemeanor.
(f) Pinball and other amusement machines or devices, which are
predominantly games of skill, whether affording the opportunity of
additional chances or free plays or not, are not included within the
term slot machine or device, as defined in this section.
330c. A punchboard as hereinafter defined is hereby declared to be
a slot machine or device within the meaning of Section 330b of this
code and shall be subject to the provisions thereof. For the
purposes of this section, a punchboard is any card, board or other
device which may be played or operated by pulling, pressing, punching
out or otherwise removing any slip, tab, paper or other substance
therefrom to disclose any concealed number, name or symbol.
330.1. Every person who manufactures, owns, stores, keeps,
possesses, sells, rents, leases, lets on shares, lends or gives
away, transports or exposes for sale or lease or offers to sell,
rent, lease, let on shares, lend or give away or who permits the
operation of or permits to be placed, maintained, used or kept in any
room, space or building owned, leased or occupied by him or under
his management or control, any slot machine or device as hereinafter
defined, and every person who makes or permits to be made with any
person any agreement with reference to any slot machine or device as
hereinafter defined, pursuant to which agreement the user thereof, as
a result of any element of hazard or chance, may become entitled to
receive anything of value or additional chance or right to use such
slot machine or device, or to receive any check, slug, token or
memorandum, whether of value or otherwise, entitling the holder to
receive anything of value, is guilty of a misdemeanor and shall be
punishable by a fine of not more than one thousand dollars ($1,000)
or by imprisonment in the county jail not exceeding six months or by
both such fine and imprisonment. A slot machine or device within the
meaning of Sections 330.1 to 330.5, inclusive, of this code is one
that is, or may be, used or operated in such a way that, as a result
of the insertion of any piece of money or coin or other object such
machine or device is caused to operate or may be operated or played,
mechanically, electrically, automatically or manually, and by reason
of any element of hazard or chance, the user may receive or become
entitled to receive anything of value or any check, slug, token or
memorandum, whether of value or otherwise, which may be given in
trade, or the user may secure additional chances or rights to use
such machine or device, irrespective of whether it may, apart from
any element of hazard or chance also sell, deliver or present some
merchandise, indication of weight, entertainment or other thing of
value.
330.2. As used in Sections 330.1 to 330.5, inclusive, of this code
a "thing of value" is defined to be any money, coin, currency, check,
chip, allowance, token, credit, merchandise, property, or any
representative of value.
330.3. In addition to any other remedy provided by law any slot
machine or device may be seized by any of the officers designated by
Sections 335 and 335a of the Penal Code, and in such cases shall be
disposed of, together with any and all money seized in or in
connection with such machine or device, as provided in Section 335a
of the Penal Code.
330.4. It is specifically declared that the mere possession or
control, either as owner, lessee, agent, employee, mortgagor, or
otherwise of any slot machine or device, as defined in Section 330.1
of this code, is prohibited and penalized by the provisions of
Sections 330.1 to 330.5, inclusive, of this code.
It is specifically declared that every person who permits to be
placed, maintained or kept in any room, space, enclosure, or building
owned, leased or occupied by him, or under his management or
control, whether for use or operation or for storage, bailment,
safekeeping or deposit only, any slot machine or device, as defined
in Section 330.1 of this code, is guilty of a misdemeanor and
punishable as provided in Section 330.1 of this code.
It is further declared that the provisions of this section
specifically render any slot machine or device as defined in Section
330.1 of this code subject to confiscation as provided in Section
335a of this code.
330.5. It is further expressly provided that Sections 330.1 to
330.4, inclusive, of this code shall not apply to music machines,
weighing machines and machines which vend cigarettes, candy, ice
cream, food, confections or other merchandise, in which there is
deposited an exact consideration and from which in every case the
customer obtains that which he purchases; and it is further expressly
provided that with respect to the provisions of Sections 330.1 to
330.4, inclusive, only, of this code, pin ball, and other amusement
machines or devices which are predominantly games of skill, whether
affording the opportunity of additional chances or free plays or not,
are not intended to be and are not included within the term slot
machine or device as defined within Sections 330.1 to 330.4,
inclusive, of this code.
330.6. The provisions of Sections 330.1 to 330.5, inclusive, of
this code, with respect to owning, storing, keeping, possessing, or
transporting any slot machine or device as therein defined, shall not
apply to any slot machine or device as therein defined, located upon
or being transported by any vessel regularly operated and engaged in
interstate or foreign commerce, so long as such slot machine or
device is located in a locked compartment of the vessel, is not
accessible for use and is not used or operated within the territorial
jurisdiction of this State.
330.7. (a) It shall be a defense to any prosecution under this
chapter relating to slot machines, as defined in subdivision (d) of
Section 330b, if the defendant shows that the slot machine is an
antique slot machine and was not operated for gambling purposes while
in the defendant's possession. For the purposes of this section,
the term "antique slot machine" means a slot machine that is over 25
years of age.
(b) Notwithstanding Section 335a, whenever the defense provided by
subdivision (a) is offered, no slot machine seized from a defendant
shall be destroyed or otherwise altered until after a final court
determination that the defense is not applicable. If the defense is
applicable, the machine shall be returned pursuant to provisions of
law providing for the return of property.
(c) It is the purpose of this section to protect the collection
and restoration of antique slot machines not presently utilized for
gambling purposes because of their aesthetic interest and importance
in California history.
330.8. Notwithstanding Sections 330a, 330b, and 330.1 to 330.5,
inclusive, the sale, transportation, storage, and manufacture of
gambling devices, as defined in Section 330.1, including the
acquisition of essential parts therefor and the assembly of such
parts, is permitted, provided those devices are sold, transported,
stored, and manufactured only for subsequent transportation in
interstate or foreign commerce when that transportation is not
prohibited by any applicable federal law. Those activities may be
conducted only by persons who have registered with the United States
government pursuant to Chapter 24 (commencing with Section 1171) of
Title 15 of the United States Code, as amended. Those gambling
devices shall not be displayed to the general public or sold for use
in California regardless of where purchased, nor held nor
manufactured in violation of any applicable federal law. A violation
of this section is a misdemeanor.
330.9. (a) Notwithstanding Sections 330a, 330b, 330.1 to 330.5,
inclusive, or any other provision of law, it shall be lawful for any
person to transport and possess any slot machine or device for
display at a trade show, conference, or convention being held within
this state, or if used solely as a prop for a motion picture,
television, or video production.
(b) Subdivision (a) shall apply only if the slot machine or device
is adjusted to render the machine or device inoperable, or if the
slot machine or device is set on demonstration mode.
(c) This section is intended to constitute a state exemption as
provided in Section 1172 of Title 15 of the United States Code.
(d) For purposes of this section:
(1) "Demonstration mode" means that the programming or settings of
a slot machine or device have been programmed, set, or selected to
operate normally, but to not accept or pay out cash or any other
consideration.
(2) "Slot machine or device" has the same meaning as "slot machine
or device" as defined in Section 330.1, or "gambling device" as
defined in paragraph (1) of subsection (a) of Section 1171 of Title
15 of the United States Code.
330.11. "Banking game" or "banked game" does not include a
controlled game if the published rules of the game feature a
player-dealer position and provide that this position must be
continuously and systematically rotated amongst each of the
participants during the play of the game, ensure that the
player-dealer is able to win or lose only a fixed and limited wager
during the play of the game, and preclude the house, another entity,
a player, or an observer from maintaining or operating as a bank
during the course of the game. For purposes of this section it is
not the intent of the Legislature to mandate acceptance of the deal
by every player if the division finds that the rules of the game
render the maintenance of or operation of a bank impossible by other
means. The house shall not occupy the player-dealer position.
331. Every person who knowingly permits any of the games mentioned
in Sections 330 and 330a to be played, conducted, or dealt in any
house owned or rented by such person, in whole or in part, is
punishable as provided in Sections 330 and 330a.
332. (a) Every person who by the game of "three card monte,"
so-called, or any other game, device, sleight of hand, pretensions to
fortune telling, trick, or other means whatever, by use of cards or
other implements or instruments, or while betting on sides or hands
of any play or game, fraudulently obtains from another person money
or property of any description, shall be punished as in the case of
larceny of property of like value for the first offense, except that
the fine may not exceed more than five thousand dollars ($5,000). A
second offense of this section is punishable, as in the case of
larceny, except that the fine shall not exceed ten thousand dollars
($10,000), or both imprisonment and fine.
(b) For the purposes of this section, "fraudulently obtains"
includes, but is not limited to, cheating, including, for example,
gaining an unfair advantage for any player in any game through a
technique or device not sanctioned by the rules of the game.
(c) For the purposes of establishing the value of property under
this section, poker chips, tokens, or markers have the monetary value
assigned to them by the players in any game.
333. Every person duly summoned as a witness for the prosecution,
on any proceedings had under this Chapter, who neglects or refuses to
attend, as required, is guilty of a misdemeanor.
334. (a) Every person who owns or operates any concession, and who
fraudulently obtains money from another by means of any hidden
mechanical device or obstruction with intent to diminish the chance
of any patron to win a prize, or by any other fraudulent means, shall
be punished as in the case of theft of property of like value.
(b) Any person who manufactures or sells any mechanical device or
obstruction for a concession which he knows or reasonably should know
will be fraudulently used to diminish the chance of any patron to
win a prize is guilty of a misdemeanor.
(c) Any person who owns or operates any game, at a fair or
carnival of a type known as razzle-dazzle is guilty of a misdemeanor.
As used in this subdivision, "razzle-dazzle" means a series of
games of skill or chance in which the player pays money or other
valuable consideration in return for each opportunity to make
successive attempts to obtain points by the use of dice, darts,
marbles or other implements, and where such points are accumulated in
successive games by the player toward a total number of points,
determined by the operator, which is required for the player to win a
prize or other valuable consideration.
(d) As used in this section, "concession" means any game or
concession open to the public and operated for profit in which the
patron pays a fee for participating and may receive a prize upon a
later happening.
(e) Nothing in this section shall be construed to prohibit or
preempt more restrictive regulation of any concession at a fair or
carnival by any local governmental entity.
335. Every district attorney, sheriff, or police officer must
inform against and diligently prosecute persons whom they have
reasonable cause to believe offenders against the provisions of this
chapter, and every officer refusing or neglecting so to do, is guilty
of a misdemeanor.
335a. In addition to any other remedy provided by law any machine
or other device the possession or control of which is penalized by
the laws of this State prohibiting lotteries or gambling may be
seized by any peace officer, and a notice of intention summarily to
destroy such machine or device as provided in this section must be
posted in a conspicuous place upon the premises in or upon which such
machine or device was seized. Such machine or device shall be held
by such officer for 30 days after such posting, and if no action is
commenced to recover possession of such machine or device, within
such time, the same shall be summarily destroyed by such officer, or
if such machine or device shall be held by the court, in any such
action, to be in violation of such laws, or any of them, the same
shall be summarily destroyed by such officer immediately after the
decision of the court has become final.
The superior court shall have jurisdiction of any such actions or
proceedings commenced to recover the possession of such machine or
device or any money seized in connection therewith.
Any and all money seized in or in connection with such machine or
device shall, immediately after such machine or device has been so
destroyed, be paid into the treasury of the city or county, as the
case may be, where seized, said money to be deposited in the general
fund.
336. Every owner, lessee, or keeper of any house used in whole, or
in part, as a saloon or drinking place, who knowingly permits any
person under 18 years of age to play at any game of chance therein,
is guilty of a misdemeanor.
336.5. Gaming chips may be used on the gaming floor by a patron of
a gambling establishment, as defined in subdivision (m) of Section
19805 of the Business and Professions Code, to pay for food and
beverage items that are served at the table.
337. Every state, county, city, city and county, town, or judicial
district officer, or other person who shall ask for, receive, or
collect any money, or other valuable consideration, either for his
own or the public use, for and with the understanding that he will
aid, exempt, or otherwise assist any person from arrest or conviction
for a violation of Section 330 of the Penal Code; or who shall
issue, deliver, or cause to be given or delivered to any person or
persons, any license, permit, or other privilege, giving, or
pretending to give, any authority or right to any person or persons
to carry on, conduct, open, or cause to be opened, any game or games
which are forbidden or prohibited by Section 330 of said code; and
any of such officer or officers who shall vote for the passage of any
ordinance or by-law, giving, granting, or pretending to give or
grant to any person or persons any authority or privilege to open,
carry on, conduct, or cause to be opened, carried on, or conducted,
any game or games prohibited by said Section 330 of the Penal Code,
is guilty of a felony.
337a. (a) Every person who engages in one of the following
offenses, shall be punished for a first offense by imprisonment in a
county jail for a period of not more than one year or in the state
prison, or by a fine not to exceed five thousand dollars ($5,000), or
by both imprisonment and fine:
(1) Pool selling or bookmaking, with or without writing, at any
time or place.
(2) Whether for gain, hire, reward, or gratuitously, or otherwise,
keeps or occupies, for any period of time whatsoever, any room,
shed, tenement, tent, booth, building, float, vessel, place, stand or
enclosure, of any kind, or any part thereof, with a book or books,
paper or papers, apparatus, device or paraphernalia, for the purpose
of recording or registering any bet or bets, any purported bet or
bets, wager or wagers, any purported wager or wagers, selling pools,
or purported pools, upon the result, or purported result, of any
trial, purported trial, contest, or purported contest, of skill,
speed or power of endurance of person or animal, or between persons,
animals, or mechanical apparatus, or upon the result, or purported
result, of any lot, chance, casualty, unknown or contingent event
whatsoever.
(3) Whether for gain, hire, reward, or gratuitously, or otherwise,
receives, holds, or forwards, or purports or pretends to receive,
hold, or forward, in any manner whatsoever, any money, thing or
consideration of value, or the equivalent or memorandum thereof,
staked, pledged, bet or wagered, or to be staked, pledged, bet or
wagered, or offered for the purpose of being staked, pledged, bet or
wagered, upon the result, or purported result, of any trial, or
purported trial, or contest, or purported contest, of skill, speed or
power of endurance of person or animal, or between persons, animals,
or mechanical apparatus, or upon the result, or purported result, of
any lot, chance, casualty, unknown or contingent event whatsoever.
(4) Whether for gain, hire, reward, or gratuitously, or otherwise,
at any time or place, records, or registers any bet or bets, wager
or wagers, upon the result, or purported result, of any trial, or
purported trial, or contest, or purported contest, of skill, speed or
power of endurance of person or animal, or between persons, animals,
or mechanical apparatus, or upon the result, or purported result, of
any lot, chance, casualty, unknown or contingent event whatsoever.
(5) Being the owner, lessee or occupant of any room, shed,
tenement, tent, booth, building, float, vessel, place, stand,
enclosure or grounds, or any part thereof, whether for gain, hire,
reward, or gratuitously, or otherwise, permits that space to be used
or occupied for any purpose, or in any manner prohibited by paragraph
(1), (2), (3), or (4).
(6) Lays, makes, offers or accepts any bet or bets, or wager or
wagers, upon the result, or purported result, of any trial, or
purported trial, or contest, or purported contest, of skill, speed or
power of endurance of person or animal, or between persons, animals,
or mechanical apparatus.
(b) In any accusatory pleading charging a violation of this
section, if the defendant has been once previously convicted of a
violation of any subdivision of this section, the previous conviction
shall be charged in the accusatory pleading, and, if the previous
conviction is found to be true by the jury, upon a jury trial, or by
the court, upon a court trial, or is admitted by the defendant, the
defendant shall, if he or she is not imprisoned in the state prison,
be imprisoned in the county jail for a period of not more than one
year and pay a fine of not less than one thousand dollars ($1,000)
and not to exceed ten thousand dollars ($10,000). Nothing in this
paragraph shall prohibit a court from placing a person subject to
this subdivision on probation. However, that person shall be required
to pay a fine of not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000) or be imprisoned in the
county jail for a period of not more than one year, as a condition
thereof. In no event does the court have the power to absolve a
person convicted pursuant to this subdivision from either being
imprisoned or from paying a fine of not less than one thousand
dollars ($1,000) and not more than ten thousand dollars ($10,000).
(c) In any accusatory pleading charging a violation of this
section, if the defendant has been previously convicted two or more
times of a violation of any subdivision of this section, each
previous conviction shall be charged in the accusatory pleadings. If
two or more of the previous convictions are found to be true by the
jury, upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall, if he or she is not
imprisoned in the state prison, be imprisoned in the county jail for
a period of not more than one year or pay a fine of not less than one
thousand dollars ($1,000) nor more than fifteen thousand dollars
($15,000), or be punished by both imprisonment and fine. Nothing in
this paragraph shall prohibit a court from placing a person subject
to this subdivision on probation. However, that person shall be
required to pay a fine of not less than one thousand dollars ($1,000)
nor more than fifteen thousand dollars ($15,000), or be imprisoned
in the county jail for a period of not more than one year as a
condition thereof. In no event does the court have the power to
absolve a person convicted and subject to this subdivision from
either being imprisoned or from paying a fine of not more than
fifteen thousand dollars ($15,000).
(d) Except where the existence of a previous conviction of any
subdivision of this section was not admitted or not found to be true
pursuant to this section, or the court finds that a prior conviction
was invalid, the court shall not strike or dismiss any prior
convictions alleged in the information or indictment.
(e) This section applies not only to persons who commit any of the
acts designated in paragraphs (1) to (6), inclusive, of subdivision
(a), as a business or occupation, but also applies to every person
who in a single instance engages in any one of the acts specified in
paragraphs (1) to (6), inclusive, of subdivision (a).
337b. Any person who gives, or offers or promises to give, or
attempts to give or offer, any money, bribe, or thing of value, to
any participant or player, or to any prospective participant or
player, in any sporting event, contest, or exhibition of any kind
whatsoever, except a wrestling exhibition as defined in Section 18626
of the Business and Professions Code, and specifically including,
but without being limited to, such sporting events, contests, and
exhibitions as baseball, football, basketball, boxing, horseracing,
and wrestling matches, with the intention or understanding or
agreement that such participant or player or such prospective
participant or player shall not use his or her best efforts to win
such sporting event, contest, or exhibition, or shall so conduct
himself or herself in such sporting event, contest, or exhibition
that any other player, participant or team of players or participants
shall thereby be assisted or enabled to win such sporting event,
contest, or exhibition, or shall so conduct himself or herself in
such sporting event, contest, or exhibition as to limit his or her or
his or her team's margin of victory in such sporting event, contest,
or exhibition, is guilty of a felony, and shall be punished by
imprisonment in the state prison, or by a fine not exceeding five
thousand dollars ($5,000), or by both such fine and imprisonment.
337c. Any person who accepts, or attempts to accept, or offers to
accept, or agrees to accept, any money, bribe or thing of value,
with the intention or understanding or agreement that he or she will
not use his or her best efforts to win any sporting event, contest,
or exhibition of any kind whatsoever, except a wrestling exhibition
as defined in Section 18626 of the Business and Professions Code, and
specifically including, but without being limited to, such sporting
events, contests, or exhibitions as baseball, football, basketball,
boxing, horseracing, and wrestling matches, in which he or she is
playing or participating or is about to play or participate in, or
will so conduct himself or herself in such sporting event, contest,
or exhibition that any other player or participant or team of players
or participants shall thereby be assisted or enabled to win such
sporting event, contest, or exhibition, or will so conduct himself or
herself in such sporting event, contest, or exhibition as to limit
his or her or his or her team's margin of victory in such sporting
event, contest, or exhibition, is guilty of a felony, and shall be
punished by imprisonment in the state prison, or by a fine not
exceeding five thousand dollars ($5,000), or by both such fine and
imprisonment.
337d. Any person who gives, offers to give, promises to give, or
attempts to give, any money, bribe, or thing of value to any person
who is umpiring, managing, directing, refereeing, supervising,
judging, presiding, or officiating at, or who is about to umpire,
manage, direct, referee, supervise, judge, preside, or officiate at
any sporting event, contest, or exhibition of any kind whatsoever,
including, but not limited to, sporting events, contests, and
exhibitions such as baseball, football, boxing, horse racing, and
wrestling matches, with the intention or agreement or understanding
that the person shall corruptly or dishonestly umpire, manage,
direct, referee, supervise, judge, preside, or officiate at, any
sporting event, contest, or exhibition, or the players or
participants thereof, with the intention or purpose that the result
of the sporting event, contest, or exhibition will be affected or
influenced thereby, is guilty of a felony and shall be punished by
imprisonment in the state prison or by a fine of not more than ten
thousand dollars ($10,000), or by imprisonment and fine. A second
offense of this section is a felony and shall be punished by
imprisonment in the state prison or by a fine of not more than
fifteen thousand dollars ($15,000), or by both imprisonment and fine.
337e. Any person who as umpire, manager, director, referee,
supervisor, judge, presiding officer or official receives or agrees
to receive, or attempts to receive any money, bribe or thing of
value, with the understanding or agreement that such umpire, manager,
director, referee, supervisor, judge, presiding officer, or official
shall corruptly conduct himself or shall corruptly umpire, manage,
direct, referee, supervise, judge, preside, or officiate at, any
sporting event, contest, or exhibition of any kind whatsoever, and
specifically including, but without being limited to, such sporting
events, contests, and exhibitions as baseball, football, boxing,
horseracing, and wrestling matches, or any player or participant
thereof, with the intention or purpose that the result of the
sporting event, contest, or exhibition will be affected or influenced
thereby, is guilty of a felony and shall be punished by imprisonment
in the state prison, or by a fine not exceeding five thousand
dollars ($5,000), or by both such fine and imprisonment.
337f. Any person: (a) Who influences, or induces, or conspires
with, any owner, jockey, groom or other person associated with or
interested in any stable, horse, or race in which a horse
participates, to affect the result of such race by stimulating or
depressing a horse through the administration of any drug to such
horse, or by the use of any electrical device or any electrical
equipment or by any mechanical or other device not generally accepted
as regulation racing equipment, or
(b) Who so stimulates or depresses a horse, or
(c) Who knowingly enters any horse in any race within a period of
24 hours after any drug has been administered to such horse for the
purpose of increasing or retarding the speed of such horse, is
punishable by a fine not exceeding five thousand dollars ($5,000), or
by imprisonment in the state prison, or in a county jail not
exceeding one year, or by both such fine and imprisonment, or
(d) Who willfully or unjustifiably enters or races any horse in
any running or trotting race under any name or designation other than
the name or designation assigned to such horse by and registered
with the Jockey Club or the United States Trotting Association or who
willfully sets on foot, instigates, engages in or in any way
furthers any act by which any horse is entered or raced in any
running or trotting race under any name or designation other than the
name or designation duly assigned by and registered with the Jockey
Club or the United States Trotting Association is guilty of a felony
and punishable by imprisonment in the state prison, or by a fine not
exceeding five thousand dollars ($5,000) or by both such fine and
imprisonment.
The term "drug" includes all substances recognized as having the
power of stimulating or depressing the central nervous system,
respiration, or blood pressure of an animal, such as narcotics,
hypnotics, benzedrine or its derivatives, but shall not include
recognized vitamins or supplemental feeds approved by the
veterinarian representing the California Racing Board.
337g. The possession, transport or use of any local anaesthetic of
the cocaine group, including but not limited to natural or synthetic
drugs of this group, such as allocaine, apothesine, alypine, benzyl
carbinol, butyn, procaine, nupercaine, beta-eucaine, novol or
anestubes, within the racing inclosure is prohibited, except upon a
bona fide veterinarian's prescription with complete statement of uses
and purposes of same on the container. A copy of such prescription
shall be filed with the stewards, and such substances may be used
only with approval of the stewards and under the supervision of the
veterinarian representing the board.
337h. Any person who, except for medicinal purposes, administers
any poison, drug, medicine, or other noxious substance, to any horse,
stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt,
filly, dog, animals, or other livestock, entered or about to be
entered in any race or upon any race course, or entered or about to
be entered at or with any agricultural park, or association, race
course, or corporation, or other exhibition for competition for
prize, reward, purse, premium, stake, sweepstakes, or other reward,
or who exposes any poison, drug, medicine, or noxious substance, with
intent that it shall be taken, inhaled, swallowed, or otherwise
received by any of these animals or other livestock, with intent to
impede or affect its speed, endurance, sense, health, physical
condition, or other character or quality, or who causes to be taken
by or placed upon or in the body of any of these animals or other
livestock, entered or about to be entered in any race or competition
described in this section any sponge, wood, or foreign substance of
any kind, with intent to impede or affect its speed, endurance,
sense, health, or physical condition, is guilty of a misdemeanor.
337i. Every person who knowingly transmits information as to the
progress or results of a horserace, or information as to wagers,
betting odds, changes in betting odds, post or off times, jockey or
player changes in any contest or trial, or purported contest or
trial, involving humans, beasts, or mechanical apparatus by any means
whatsoever including, but not limited to telephone, telegraph,
radio, and semaphore when such information is transmitted to or by a
person or persons engaged in illegal gambling operations, is
punishable by imprisonment in the county jail for a period of not
more than one year or in the state prison.
This section shall not be construed as prohibiting a newspaper
from printing such results or information as news, or any television
or radio station from telecasting or broadcasting such results or
information as news. This section shall not be so construed as to
place in jeopardy any common carrier or its agents performing
operations within the scope of a public franchise, or any gambling
operation authorized by law.
337j. (a) It is unlawful for any person, as owner, lessee, or
employee, whether for hire or not, either solely or in conjunction
with others, to do any of the following without having first procured
and thereafter maintained in effect all federal, state, and local
licenses required by law:
(1) To deal, operate, carry on, conduct, maintain, or expose for
play in this state any controlled game.
(2) To receive, directly or indirectly, any compensation or reward
or any percentage or share of the revenue, for keeping, running, or
carrying on any controlled game.
(3) To manufacture, distribute, or repair any gambling equipment
within the boundaries of this state, or to receive, directly or
indirectly, any compensation or reward for the manufacture,
distribution, or repair of any gambling equipment within the
boundaries of this state.
(b) It is unlawful for any person to knowingly permit any
controlled game to be conducted, operated, dealt, or carried on in
any house or building or other premises that he or she owns or
leases, in whole or in part, if that activity is undertaken by a
person who is not licensed as required by state law, or by an
employee of that person.
(c) It is unlawful for any person to knowingly permit any gambling
equipment to be manufactured, stored, or repaired in any house or
building or other premises that the person owns or leases, in whole
or in part, if that activity is undertaken by a person who is not
licensed as required by state law, or by an employee of that person.
(d) Any person who violates, attempts to violate, or conspires to
violate this section shall be punished by imprisonment in a county
jail for not more than one year or by a fine of not more than ten
thousand dollars ($10,000), or by both imprisonment and fine. A
second offense of this section is punishable by imprisonment in a
county jail for a period of not more than one year or in the state
prison or by a fine of not more than ten thousand dollars ($10,000),
or by both imprisonment and fine.
(e) (1) As used in this section, "controlled game" means any poker
or Pai Gow game, and any other game played with cards or tiles, or
both, and approved by the Department of Justice, and any game of
chance, including any gambling device, played for currency, check,
credit, or any other thing of value that is not prohibited and made
unlawful by statute or local ordinance.
(2) As used in this section, "controlled game" does not include
any of the following:
(A) The game of bingo conducted pursuant to Section 326.5.
(B) Parimutuel racing on horse races regulated by the California
Horse Racing Board.
(C) Any lottery game conducted by the California State Lottery.
(D) Games played with cards in private homes or residences, in
which no person makes money for operating the game, except as a
player.
(f) This subdivision is intended to be dispositive of the law
relating to the collection of player fees in gambling establishments.
A fee may not be calculated as a fraction or percentage of wagers
made or winnings earned. The amount of fees charged for all wagers
shall be determined prior to the start of play of any hand or round.
However, the gambling establishment may waive collection of the fee
or portion of the fee in any hand or round of play after the hand or
round has begun pursuant to the published rules of the game and the
notice provided to the public. The actual collection of the fee may
occur before or after the start of play. Ample notice shall be
provided to the patrons of gambling establishments relating to the
assessment of fees. Flat fees on each wager may be assessed at
different collection rates, but no more than five collection rates
may be established per table. However, if the gambling establishment
waives its collection fee, this fee does not constitute one of the
five collection rates.
337k. (a) It is unlawful for any person to advertise, or to
facilitate the advertisement of, nonparimutuel wagering on horse
races.
(b) Violation of this section is an infraction punishable by a
fine of five hundred dollars ($500). A second conviction for a
violation of this section is a misdemeanor punishable by a fine of up
to ten thousand dollars ($10,000).
337s. (a) This section applies only in counties with a population
exceeding 4,000,000.
(b) Every person who deals, plays, or carries on, opens, or causes
to be opened, or who conducts, either as owner or employee, whether
for hire or not, any game of draw poker, including lowball poker, is
guilty of a misdemeanor.
(c) Subdivision (b) shall become operative in a county only if the
board of supervisors thereof by resolution directs that there be
placed on the ballot at a designated county election the question
whether draw poker, including lowball poker, shall be prohibited in
the county and a majority of electors voting thereon vote
affirmatively. The question shall appear on the ballot in
substantially the following form:
"Shall draw poker, including lowball poker, be prohibited in ____
County? Yes ____ No ____"
If a majority of electors voting thereon vote affirmatively, draw
poker shall be prohibited in the unincorporated territory in the
county.
(d) Any county ordinance in any county prohibiting, restricting,
or regulating the playing of draw poker and other acts relating to
draw poker shall not be superseded until, pursuant to subdivision
(c), the electorate of the county determines that subdivision (b)
shall be operative in the county.
(e) The Legislature finds that in counties with a large,
concentrated population, problems incident to the playing of draw
poker are, in part, qualitatively, as well as quantitatively,
different from the problems in smaller counties.
The Legislature finds that counties with a population exceeding
4,000,000 constitute a special problem, and it is reasonable
classification to adopt prohibitory legislation applicable only to
such counties.
(f) If any provision of this section is held invalid, the entire
section shall be invalid. The provisions of this section are not
severable.
337t. The following definitions govern the construction of this
section and Sections 337u, 337w, 337x, and 337y:
(a) "Associated equipment" means any equipment or mechanical,
electromechanical, or electronic contrivance, component or machine
used remotely or directly in connection with gaming or any game that
would not otherwise be classified as a gaming device, including dice,
playing cards, links which connect to progressive slot machines,
equipment which affects the proper reporting of gross revenue,
computerized systems for monitoring slot machines and devices for
weighing or counting money.
(b) "Cashless wagering system" means a method of wagering and
accounting in which the validity and value of a wagering instrument
or wagering credits are determined, monitored, and retained by a
computer that is operated and maintained by a licensee and that
maintains a record of each transaction involving the wagering
instrument or wagering credits, exclusive of the game or gaming
device on which wagers are being made. The term includes
computerized systems which facilitate electronic transfers of money
directly to or from a game or gaming device.
(c) "Cheat" means to alter the normal elements of chance, method
of selection, or criteria, excluding those alterations to the game
generally done by the casino to provide variety to games and that are
known, or should be known, by the wagering players, which determine
any of the following:
(1) The result of a gambling game.
(2) The amount or frequency of payment in a gambling game.
(3) The value of a wagering instrument.
(4) The value of a wagering credit.
(d) "Drop box" means the box that serves as a repository for cash,
chips, tokens, or other wagering instruments.
(e) "Gambling establishment" means any premises wherein or whereon
any gaming is done.
(f) "Gambling game device" means any equipment or mechanical,
electromechanical, or electronic contrivance, component or machine
used remotely or directly in connection with gaming or any game which
affects the result of a wager by determining win or loss. The term
includes any of the following:
(1) A slot machine.
(2) A collection of two or more of the following components:
(A) An assembled electronic circuit which cannot be reasonably
demonstrated to have any use other than in a slot machine.
(B) A cabinet with electrical wiring and provisions for mounting a
coin, token, or currency acceptor and provisions for mounting a
dispenser of coins, tokens, or anything of value.
(C) A storage medium containing the source language or executable
code of a computer program that cannot be reasonably demonstrated to
have any use other than in a slot machine.
(D) An assembled video display unit.
(E) An assembled mechanical or electromechanical display unit
intended for use in gambling.
(F) An assembled mechanical or electromechanical unit which cannot
be demonstrated to have any use other than in a slot machine.
(3) Any mechanical, electrical, or other device that may be
connected to or used with a slot machine to alter the normal criteria
of random selection or affect the outcome of a game.
(4) A system for the accounting or management of any game in which
the result of the wager is determined electronically by using any
combination of hardware or software for computers.
(5) Any combination of one of the components set forth in
subparagraphs (A) to (F), inclusive, of paragraph (2) and any other
component that the commission determines, by regulation, to be a
machine used directly or remotely in connection with gaming or any
game which affects the results of a wager by determining a win or
loss.
(g) "Past-posting" means the placing of a wager by an individual
at a game after having knowledge of the result or outcome of that
game.
(h) "Pinching wagers" means to reduce the amount wagered or to
cancel the wager after acquiring knowledge of the outcome of the game
or other event that is the subject of the wager.
(i) "Pressing wagers" means to increase a wager after acquiring
knowledge of the outcome of the game or other event that is the
subject of the wager.
(j) "Tribal Gaming Agency" means the person, agency, board,
committee, commission, or council designated under tribal law,
including, but not limited to, an intertribal gaming regulatory
agency approved to fulfill those functions by the National Indian
Gaming Commission, as primarily responsible for carrying out the
regulatory responsibilities of the tribe under the Indian Gaming and
Regulatory Act (25 U.S.C. Sec. 2701) and a tribal gaming ordinance.
(k) "Wagering credit" means a representative of value, other than
a chip, token, or wagering instrument, that is used for wagering at a
game or gaming device and is obtained by the payment of cash or a
cash equivalent, the use of a wagering instrument or the electronic
transfer of money.
(l) "Wagering instrument" means a representative of value, other
than a chip or token, that is issued by a licensee and approved by
the California Gambling Control Commission or a tribal gaming agency,
for use in a cashless wagering system.
337u. It is unlawful for any person to commit any of the following
acts:
(a) To alter or misrepresent the outcome of a gambling game or
other event on which wagers lawfully have been made after the outcome
is determined, but before it is revealed to the players.
(b) To place, increase, or decrease a wager or to determine the
course of play after acquiring knowledge, not available to all
players, of the outcome of the gambling game or any event that
affects the outcome of the gambling game or which is the subject of
the wager or to aid anyone in acquiring that knowledge for the
purpose of placing, increasing, or decreasing a wager or determining
the course of play contingent upon that event or outcome.
(c) To claim, collect, or take, or attempt to claim, collect, or
take, money or anything of value in or from a gambling game, with
intent to defraud, without having made a wager contingent on the
game, or to claim, collect, or take an amount greater than the amount
actually won.
(d) Knowingly to entice or induce another to go to any place where
a gambling game is being conducted or operated in violation of this
section, or Section 337v, 337w, 337x, or 337y, with the intent that
the other person play or participate in that gambling game.
(e) To place or increase a wager after acquiring knowledge of the
outcome of the gambling game or other event which is the subject of
the wager, including past-posting and pressing wagers.
(f) To reduce the amount wagered or cancel the wager after
acquiring knowledge of the outcome of the gambling game or other
event which is the subject of the bet, including pinching wagers.
(g) To manipulate, with the intent to cheat, any component of a
gambling game device in a manner contrary to the designed and normal
operational purpose for the component, including, but not limited to,
varying the pull of the handle of a slot machine, with knowledge
that the manipulation affects the outcome of the gambling game or
with knowledge of any event that affects the outcome of the gambling
game.
337v. It is unlawful for any person at a gambling establishment to
use, or to possess with the intent to use, any device to assist in
any of the following:
(a) In projecting the outcome of the gambling game.
(b) In keeping track of the cards played.
(c) In analyzing the probability of the occurrence of an event
relating to the gambling game.
(d) In analyzing the strategy for playing or wagering to be used
in the gambling game, except as permitted by the California Gambling
Control Commission or a tribal gaming agency.
337w. (a) It is unlawful for any person to use counterfeit chips,
counterfeit debit instruments, or other counterfeit wagering
instruments in a gambling game, the equipment associated with a
gambling game, or a cashless wagering system.
(b) It is unlawful for any person, in playing or using any
gambling game, the equipment associated with a gambling game, or a
cashless wagering system designed to be played with, receive, or be
operated by chips, tokens, wagering credits or other wagering
instruments approved by the California Gambling Control Commission or
a tribal gaming agency, or by lawful coin of the United States of
America to either:
(1) Knowingly use chips, tokens, wagering credits, or other
wagering instruments not approved by the California Gambling Control
Commission or a tribal gaming agency, or lawful coin, legal tender of
the United States of America, or use coins or tokens not of the
same denomination as the coins or tokens intended to be used in that
gambling game, associated equipment, or cashless wagering system.
(2) Use any device or means to violate this section or Section
337u, 337v, 337x, or 337y.
(c) It is unlawful for any person, not a duly authorized employee
of a gambling establishment acting in furtherance of his or her
employment within that establishment, to possess any device intended
to be used to violate this section or Section 337u, 337v, 337x, or
337y.
(d) It is unlawful for any person, not a duly authorized employee
of a gambling establishment acting in furtherance of his or her
employment within that establishment, to possess any key or device
known to have been designed for the purpose of, and suitable for,
opening, entering, or affecting the operation of any gambling game,
cashless wagering system, or dropbox, or for removing money or other
contents from the game, system, or box.
(e) It is unlawful for any person to possess any paraphernalia for
manufacturing slugs. As used in this subdivision, "paraphernalia
for manufacturing slugs" means the equipment, products, and materials
that are intended for use or designed for use in manufacturing,
producing, fabricating, preparing, testing, analyzing, packaging,
storing, or concealing a counterfeit facsimile of the chips, tokens,
debit instruments, or other wagering instruments approved by the
California Gambling Control Commission or a tribal gaming agency, or
a lawful coin of the United States, the use of which is unlawful
pursuant to subdivision (b). The term "paraphernalia for
manufacturing slugs" includes, but is not limited to, any of the
following:
(1) Lead or lead alloys.
(2) Molds, forms, or similar equipment capable of producing a
likeness of a gaming token or lawful coin of the United States.
(3) Melting pots or other receptacles.
(4) Torches.
(5) Tongs, trimming tools, or other similar equipment.
(6) Equipment which can be reasonably demonstrated to manufacture
facsimiles of debit instruments or wagering instruments approved by
the California Gambling Control Commission or a tribal gaming
agency.
337x. It is unlawful to cheat at any gambling game in a gambling
establishment.
337y. It is unlawful to do either of the following:
(a) Manufacture, sell, or distribute any cards, chips, dice, game,
or device which is intended to be used to violate Section 337u,
337v, 337w, or 337x.
(b) Mark, alter, or otherwise modify any gambling game device or
associated equipment in a manner that either:
(1) Affects the result of a wager by determining win or loss.
(2) Alters the normal criteria of random selection, which affects
the operation of a gambling game or which determines the outcome of a
game.
(c) It is unlawful for any person to instruct another in cheating
or in the use of any device for that purpose, with the knowledge or
intent that the information or use conveyed may be employed to
violate Section 337u, 337v, 337w, or 337x.
337z. (a) Any person who violates Section 337u, 337v, 337w, 337x,
or 337y shall be punished as follows:
(1) For the first violation, by imprisonment in a county jail for
a term not to exceed one year, or by a fine of not more than ten
thousand dollars ($10,000), or by both imprisonment and fine.
(2) For a second or subsequent violation of any of those sections,
by imprisonment in a county jail for a term not to exceed one year
or by a fine of not more than fifteen thousand dollars ($15,000), or
by both imprisonment and fine.
(b) A person who attempts to violate Section 337u, 337v, 337w,
337x, or 337y shall be punished in the same manner as the underlying
crime.
(c) This section does not preclude prosecution under Section 332
or any other provision of law.[/align]
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Horse racing
[align=left]
337.1. Any person, who knowingly and designedly by false
representation attempts to, or does persuade, procure or cause
another person to wager on a horse in a race to be run in this state
or elsewhere, and upon which money is wagered in this state, and who
asks or demands compensation as a reward for information or purported
information given in such case is a tout, and is guilty of touting.
337.2. Any person who is a tout, or who attempts or conspires to
commit touting, is guilty of a misdemeanor and is punishable by a
fine of not more than five hundred dollars ($500) or by imprisonment
in the county jail for not more than six months, or by both such fine
and imprisonment. For a second offense in this State, he shall be
imprisoned.
337.3. Any person who in the commission of touting falsely uses the
name of any official of the California Horse Racing Board, its
inspectors or attaches, or of any official of any race track
association, or the names of any owner, trainer, jockey or other
person licensed by the California Horse Racing Board as the source of
any information or purported information is guilty of a felony and
is punishable by a fine of not more than five thousand dollars
($5,000) or by imprisonment in the state prison, or by both such fine
and imprisonment.
337.4. Any person who in the commission of touting obtains money in
excess of four hundred dollars ($400) may, in addition to being
prosecuted for the violation of any provision of this chapter, be
prosecuted for the violation of Section 487 of this code.
337.5. Any person who has been convicted of touting, and the record
of whose conviction on such charge is on file in the office of the
California Horse Racing Board or in the State Bureau of Criminal
Identification and Investigation or of the Federal Bureau of
Investigation, or any person who has been ejected from any racetrack
of this or any other state for touting or practices inimical to the
public interest shall be excluded from all racetracks in this State.
Any such person who refuses to leave such track when ordered to do
so by inspectors of the California Horse Racing Board, or by any
peace officer, or by an accredited attache of a racetrack or
association is guilty of a misdemeanor.
337.6. Any credential or license issued by the California Horse
Racing Board to licensees, if used by the holder thereof for a
purpose other than identification and in the performance of
legitimate duties on a race track, shall be automatically revoked
whether so used on or off a race track.
337.7. Any person other than the lawful holder thereof who has in
his possession any credential or license issued by the California
Horse Racing Board to licensees and any person who has a forged or
simulated credential or license of said board in his possession, and
who uses such credential or license for the purpose of
misrepresentation, fraud or touting is guilty of a felony and shall
be punished by a fine of five thousand dollars ($5,000) or by
imprisonment in the state prison, or by both such fine and
imprisonment. If he has previously been convicted of any offense
under this chapter, he shall be imprisoned.
337.8. Any person who uses any credential, other than a credential
or license issued by the California Horse Racing Board, for the
purpose of touting is guilty of touting, and if the credential has
been forged shall be imprisoned as provided in this chapter, whether
the offense was committed on or off a race track.
337.9. The secretary and chief investigator of the California Horse
Racing Board shall coordinate a policy for the enforcement of this
chapter with all other enforcement bureaus in the State in order to
insure prosecution of all persons who commit any offense against the
horse racing laws of this State. For such purposes the secretary and
chief investigator are peace officers and have all the powers
thereof.[/align]
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Pawnbrokers
[align=left]
343. Every person who purchases gold bullion, gold bars or gold
quartz or mineral containing gold, who fails, refuses, or neglects to
produce for inspection his register, or to exhibit all articles
received by him in pledge, or his account of sales, to any officer
holding a warrant authorizing him to search for personal property or
to any person appointed by the sheriff or head of the police
department of any city, city and county or town, or an order of a
committing magistrate directing such officer to inspect such
register, or examine such articles or account of sales, is guilty of
a misdemeanor.
[/align]
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Other injuries to persons
[align=left]346. Any person who, without the written permission of the owner or
operator of the property on which an entertainment event is to be
held or is being held, sells a ticket of admission to the
entertainment event, which was obtained for the purpose of resale, at
any price which is in excess of the price that is printed or
endorsed upon the ticket, while on the grounds of or in the stadium,
arena, theater, or other place where an event for which admission
tickets are sold is to be held or is being held, is guilty of a
misdemeanor.
347. (a) (1) Every person who willfully mingles any poison or
harmful substance with any food, drink, medicine, or pharmaceutical
product or who willfully places any poison or harmful substance in
any spring, well, reservoir, or public water supply, where the person
knows or should have known that the same would be taken by any human
being to his or her injury, is guilty of a felony punishable by
imprisonment in the state prison for two, four, or five years.
(2) Any violation of paragraph (1) involving the use of a poison
or harmful substance that may cause death if ingested or that causes
the infliction of great bodily injury on any person shall be punished
by an additional term of three years.
(b) Any person who maliciously informs any other person that a
poison or other harmful substance has been or will be placed in any
food, drink, medicine, pharmaceutical product, or public water
supply, knowing that such report is false, is guilty of a crime
punishable by imprisonment in the state prison, or by imprisonment in
the county jail not to exceed one year.
(c) The court may impose the maximum fine for each item tampered
with in violation of subdivision (a).
347b. It shall be unlawful for any person, firm or corporation to
manufacture, sell, furnish, or give away, or offer to manufacture,
sell, furnish, or give away any alcoholic solution of a potable
nature containing any deleterious or poisonous substance, and the
burden of proof shall be upon the person, firm, or corporation
manufacturing, selling, furnishing, or giving away, or offering to
manufacture, sell, furnish, or give away, any such alcoholic solution
of a potable nature containing any deleterious or poisonous
substance, to show that such alcoholic solution of a potable nature
did not contain any deleterious or poisonous substance. Every person
who violates any of the provisions of this section is guilty of a
misdemeanor, and shall be punished by a fine not exceeding two
thousand five hundred dollars ($2,500), or by imprisonment in a
county jail not exceeding one year, or by both such fine and
imprisonment.
350. (a) Any person who willfully manufactures, intentionally
sells, or knowingly possesses for sale any counterfeit of a mark
registered with the Secretary of State or registered on the Principal
Register of the United States Patent and Trademark Office, shall,
upon conviction, be punishable as follows:
(1) When the offense involves less than 1,000 of the articles
described in this subdivision, with a total retail or fair market
value less than that required for grand theft as defined in Section
487, and if the person is an individual, he or she shall be punished
by a fine of not more than five thousand dollars ($5,000), or by
imprisonment in a county jail for not more than one year, or by both
that fine and imprisonment; or, if the person is a corporation, by a
fine of not more than one hundred thousand dollars ($100,000).
(2) When the offense involves 1,000 or more of the articles
described in this subdivision, or has a total retail or fair market
value equal to or greater than that required for grand theft as
defined in Section 487, and if the person is an individual, he or she
shall be punished by imprisonment in a county jail not to exceed one
year, or in the state prison for 16 months, or two or three years,
or by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both that imprisonment and fine; or, if the person
is a corporation, by a fine not to exceed five hundred thousand
dollars ($500,000).
(b) Any person who has been convicted of a violation of either
paragraph (1) or (2) of subdivision (a) shall, upon a subsequent
conviction of paragraph (1) of subdivision (a), if the person is an
individual, be punished by a fine of not more than fifty thousand
dollars ($50,000), or by imprisonment in a county jail for not more
than one year, or in the state prison for 16 months, or two or three
years, or by both that fine and imprisonment; or, if the person is a
corporation, by a fine of not more than two hundred thousand dollars
($200,000).
(c) Any person who has been convicted of a violation of
subdivision (a) and who, by virtue of the conduct that was the basis
of the conviction, has directly and foreseeably caused death or great
bodily injury to another through reliance on the counterfeited item
for its intended purpose shall, if the person is an individual, be
punished by a fine of not more than fifty thousand dollars ($50,000),
or by imprisonment in the state prison for two, three, or four
years, or by both that fine and imprisonment; or, if the person is a
corporation, by a fine of not more than two hundred thousand dollars
($200,000).
(d) In any action brought under this section resulting in a
conviction or a plea of nolo contendere, the court shall order the
forfeiture and destruction of all of those marks and of all goods,
articles, or other matter bearing the marks, and the forfeiture and
destruction or other disposition of all means of making the marks,
and any and all electrical, mechanical, or other devices for
manufacturing, reproducing, transporting, or assembling these marks,
that were used in connection with, or were part of, any violation of
this section. However, no vehicle shall be forfeited under this
section that may be lawfully driven on the highway with a class 3 or
4 license, as prescribed in Section 12804 of the Vehicle Code, and
that is any of the following:
(1) A community property asset of a person other than the
defendant.
(2) The sole class 3 or 4 vehicle available to the immediate
family of that person or of the defendant.
(3) Reasonably necessary to be retained by the defendant for the
purpose of lawfully earning a living, or for any other reasonable and
lawful purpose.
(e) For the purposes of this section, the following definitions
shall apply:
(1) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the number of "articles" shall be equivalent to the number
of completed computer software packages that could have been made
from those components.
(2) "Counterfeit mark" means a spurious mark that is identical
with, or confusingly similar to, a registered mark and is used on or
in connection with the same type of goods or services for which the
genuine mark is registered. It is not necessary for the mark to be
displayed on the outside of an article for there to be a violation.
For articles containing digitally stored information, it shall be
sufficient to constitute a violation if the counterfeit mark appears
on a video display when the information is retrieved from the
article. The term "spurious mark" includes genuine marks used on or
in connection with spurious articles and includes identical articles
containing identical marks, where the goods or marks were reproduced
without authorization of, or in excess of any authorization granted
by, the registrant.
(3) "Knowingly possess" means that the person possessing an
article knew or had reason to believe that it was spurious, or that
it was used on or in connection with spurious articles, or that it
was reproduced without authorization of, or in excess of any
authorization granted by, the registrant.
(4) "Registrant" means any person to whom the registration of a
mark is issued and that person's legal representatives, successors,
or assigns.
(5) "Sale" includes resale.
(6) "Value" has the following meanings:
(A) When counterfeit items of computer software are manufactured
or possessed for sale, the "value" of those items shall be equivalent
to the retail price or fair market price of the true items that are
counterfeited.
(B) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited digital disks, instruction manuals, or licensing
envelopes, the "value" of those components of computer software
packages shall be equivalent to the retail price or fair market value
of the number of completed computer software packages that could
have been made from those components.
(C) "Retail or fair market value" of a counterfeit article means a
value equivalent to the retail price or fair market value, as of the
last day of the charged crime, of a completed similar genuine
article containing a genuine mark.
(f) This section shall not be enforced against any party who has
adopted and lawfully used the same or confusingly similar mark in the
rendition of like services or the manufacture or sale of like goods
in this state from a date prior to the earliest effective date of
registration of the service mark or trademark either with the
Secretary of State or on the Principle Register of the United States
Patent and Trademark Office.
(g) An owner, officer, employee, or agent who provides, rents,
leases, licenses, or sells real property upon which a violation of
subdivision (a) occurs shall not be subject to a criminal penalty
pursuant to this section, unless he or she sells, or possesses for
sale, articles bearing a counterfeit mark in violation of this
section. This subdivision shall not be construed to abrogate or
limit any civil rights or remedies for a trademark violation.
351a. Any person who sells, attempts to sell, offers for sale or
assists in the sale of any goods, product or output, and who
willfully and falsely represents such goods, product or output to be
the goods, product or output of any dealer, manufacturer or producer,
other than the true dealer, manufacturer or producer, or any member
of a firm or any officer of a corporation, who knowingly permits any
employee of such firm or corporation to sell, offer for sale or
assist in the sale of any goods, product or output or to falsely
represent such goods, product or output to be the goods, product or
output of any dealer, manufacturer or producer, other than the true
dealer, manufacturer or producer, is guilty of a misdemeanor and
punishable by a fine of not less than one hundred dollars ($100) or
more than six hundred dollars ($600), or by imprisonment in the
county jail for not less than 20 or more than 90 days, or both. This
section shall not apply to any person who sells or offers for sale
under his own name or brand the product or output of another
manufacturer or producer with the written consent of such
manufacturer or producer.
355. Every person who defaces or obliterates the marks upon wrecked
property, or in any manner disguises the appearance thereof, with
intent to prevent the owner from discovering its identity, or who
destroys or suppresses any invoice, bill of lading, or other document
tending to show the ownership, is guilty of a misdemeanor.
356. Every person who cuts out, alters, or defaces any mark made
upon any log, lumber, or wood, or puts a false mark thereon with
intent to prevent the owner from discovering its identity, is guilty
of a misdemeanor.
359. Every person authorized to solemnize marriage, who willfully
and knowingly solemnizes any incestuous or other marriage forbidden
by law, is punishable by fine of not less than one hundred nor more
than one thousand dollars, or by imprisonment in the County Jail not
less than three months nor more than one year, or by both.
360. Every person authorized to solemnize any marriage, who
solemnizes a marriage without first being presented with the marriage
license, as required by Section 421 of the Family Code; or who
solemnizes a marriage pursuant to Part 4 (commencing with Section
500) of Division 3 of the Family Code without the authorization
required by that part; or who willfully makes a false return of any
marriage or pretended marriage to the recorder or clerk and every
person who willfully makes a false record of any marriage return, is
guilty of a misdemeanor.
362. Every officer or person to whom a writ of habeas corpus may be
directed, who, after service thereof, neglects or refuses to obey
the command thereof, is guilty of a misdemeanor.
363. Every person who, either solely or as member of a Court,
knowingly and unlawfully recommits, imprisons, or restrains of his
liberty, for the same cause, any person who has been discharged upon
a writ of habeas corpus, is guilty of a misdemeanor.
364. Every person having in his custody, or under his restraint or
power, any person for whose relief a writ of habeas corpus has been
issued, who, with the intent to elude the service of such writ or to
avoid the effect thereof, transfers such person to the custody of
another, or places him under the power or control of another, or
conceals or changes the place of his confinement or restraint, or
removes him without the jurisdiction of the Court or Judge issuing
the writ, is guilty of a misdemeanor.
365. Every person, and every agent or officer of any corporation
carrying on business as an innkeeper, or as a common carrier of
passengers, who refuses, without just cause or excuse, to receive and
entertain any guest, or to receive and carry any passenger, is
guilty of a misdemeanor. However, an innkeeper who has proceeded as
authorized by Section 1865 of the Civil Code shall be rebuttably
presumed to have acted with just cause or excuse for purposes of this
section.
365.5. (a) Any blind person, deaf person, or disabled person, who
is a passenger on any common carrier, airplane, motor vehicle,
railway train, motorbus, streetcar, boat, or any other public
conveyance or mode of transportation operating within this state,
shall be entitled to have with him or her a specially trained guide
dog, signal dog, or service dog.
(b) No blind person, deaf person, or disabled person and his or
her specially trained guide dog, signal dog, or service dog shall be
denied admittance to accommodations, advantages, facilities, medical
facilities, including hospitals, clinics, and physicians' offices,
telephone facilities, adoption agencies, private schools, hotels,
lodging places, places of public accommodation, amusement, or resort,
and other places to which the general public is invited within this
state because of that guide dog, signal dog, or service dog.
(c) Any person, firm, association, or corporation, or the agent of
any person, firm, association, or corporation, who prevents a
disabled person from exercising, or interferes with a disabled person
in the exercise of, the rights specified in this section is guilty
of a misdemeanor, punishable by a fine not exceeding two thousand
five hundred dollars ($2,500).
(d) As used in this section, "guide dog" means any guide dog or
Seeing Eye dog that was trained by a person licensed under Chapter
9.5 (commencing with Section 7200) of Division 3 of the Business and
Professions Code or that meets the definitional criteria under
federal regulations adopted to implement Title III of the Americans
with Disabilities Act of 1990 (Public Law 101-336).
(e) As used in this section, "signal dog" means any dog trained to
alert a deaf person, or a person whose hearing is impaired, to
intruders or sounds.
(f) As used in this section, "service dog" means any dog
individually trained to do work or perform tasks for the benefit of
an individual with a disability, including, but not limited to,
minimal protection work, rescue work, pulling a wheelchair, or
fetching dropped items.
(g) (1) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
(2) This section is intended to provide equal accessibility for
all owners or trainers of animals that are trained as guide dogs,
signal dogs, or service dogs in a manner that is no less than that
provided by the Americans with Disabilities Act of 1990 (Public Law
101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435).
(h) The exercise of rights specified in subdivisions (a) and (b)
by any person may not be conditioned upon payment of any extra
charge, provided that the person shall be liable for any provable
damage done to the premises or facilities by his or her dog.
(i) Any trainer or individual with a disability may take dogs in
any of the places specified in subdivisions (a) and (b) for the
purpose of training the dogs as guide dogs, signal dogs, or service
dogs. The person shall ensure that the dog is on a leash and tagged
as a guide dog, signal dog, or service dog by an identification tag
issued by the county clerk or animal control department as authorized
by Chapter 3.5 (commencing with Section 30850) of Division 14 of the
Food and Agricultural Code. In addition, the person shall be liable
for any provable damage done to the premises or facilities by his or
her dog.
365.6. (a) Any person who, with no legal justification,
intentionally interferes with the use of a guide, signal, or service
dog or mobility aid by harassing or obstructing the guide, signal, or
service dog or mobility aid user or his or her guide, signal, or
service dog, is guilty of a misdemeanor, punishable by imprisonment
in a county jail not exceeding six months, or by a fine of not less
than one thousand five hundred dollars ($1,500) nor more than two
thousand five hundred dollars ($2,500), or both that fine and
imprisonment.
(b) As used in this section, the following definitions shall
apply:
(1) "Mobility aid" means any device enabling a person with a
disability, as defined in subdivision (b) of Section 54 of the Civil
Code, to travel independently, including, but not limited to, a
guide, signal, or service dog, as defined in Section 54.1 of the
Civil Code, a wheelchair, walker or white cane.
(2) "Guide, signal, or service dog" means any dog trained to do
work or perform tasks for the benefit of an individual with a
disability, including, but not limited to, guiding individuals with
impaired vision, alerting individuals with impaired hearing to
intruders or sounds, pulling a wheelchair, or fetching dropped items.
(c) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
365.7. (a) Any person who knowingly and fraudulently represents
himself or herself, through verbal or written notice, to be the owner
or trainer of any canine licensed as, to be qualified as, or
identified as, a guide, signal, or service dog, as defined in
subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of
subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of
a misdemeanor punishable by imprisonment in the county jail not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) As used in this section, "owner" means any person who owns a
guide, signal, or service dog, or who is authorized by the owner to
use the guide, signal, or service dog.
367f. (a) Except as provided in subdivisions (d) and (e), it shall
be unlawful for any person to knowingly acquire, receive, sell,
promote the transfer of, or otherwise transfer any human organ, for
purposes of transplantation, for valuable consideration.
(b) Except as provided in subdivisions (d), (e), and (f), it shall
be unlawful to remove or transplant any human organ with the
knowledge that the organ has been acquired or will be transferred or
sold for valuable consideration in violation of subdivision (a).
(c) For purposes of this section, the following definitions apply:
(1) "Human organ" includes, but is not limited to, a human kidney,
liver, heart, lung, pancreas, or any other human organ or
nonrenewable or nonregenerative tissue except plasma and sperm.
(2) "Valuable consideration" means financial gain or advantage,
but does not include the reasonable costs associated with the
removal, storage, transportation, and transplantation of a human
organ, or reimbursement for those services, or the expenses of
travel, housing, and lost wages incurred by the donor of a human
organ in connection with the donation of the organ.
(d) No act respecting the nonsale donation of organs or other
nonsale conduct pursuant to or in the furtherance of the purposes of
the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section
7150) Part 1 of Division 7 of the Health and Safety Code, including
acts pursuant to anatomical gifts offered under Section 12811 of the
Vehicle Code, shall be made unlawful by this section.
(e) This section shall not apply to the person from whom the organ
is removed, nor to the person who receives the transplant, or those
persons' next-of-kin who assisted in obtaining the organ for purposes
of transplantations.
(f) A licensed physician and surgeon who transplants a human organ
in violation of subdivision (b) shall not be criminally liable under
that subdivision if the act is performed under emergency and
life-threatening conditions.
(g) Any person who violates subdivision (a) or (b) shall be
punished by a fine not to exceed fifty thousand dollars ($50,000), or
by imprisonment in the state prison for three, four, or five years,
or both.
367g. (a) It shall be unlawful for anyone to knowingly use sperm,
ova, or embryos in assisted reproduction technology, for any purpose
other than that indicated by the sperm, ova, or embryo provider's
signature on a written consent form.
(b) It shall be unlawful for anyone to knowingly implant sperm,
ova, or embryos, through the use of assisted reproduction technology,
into a recipient who is not the sperm, ova, or embryo provider,
without the signed written consent of the sperm, ova, or embryo
provider and recipient.
(c) Any person who violates this section shall be punished by
imprisonment in the state prison for three, four, or five years, by a
fine not to exceed fifty thousand dollars ($50,000), or by both that
fine and imprisonment.
(d) Written consent, for the purposes of this section, shall not
be required of men who donate sperm to a licensed tissue bank.
368. (a) The Legislature finds and declares that crimes against
elders and dependent adults are deserving of special consideration
and protection, not unlike the special protections provided for minor
children, because elders and dependent adults may be confused, on
various medications, mentally or physically impaired, or incompetent,
and therefore less able to protect themselves, to understand or
report criminal conduct, or to testify in court proceedings on their
own behalf.
(b) (1) Any person who knows or reasonably should know that a
person is an elder or dependent adult and who, under circumstances or
conditions likely to produce great bodily harm or death, willfully
causes or permits any elder or dependent adult to suffer, or inflicts
thereon unjustifiable physical pain or mental suffering, or having
the care or custody of any elder or dependent adult, willfully causes
or permits the person or health of the elder or dependent adult to
be injured, or willfully causes or permits the elder or dependent
adult to be placed in a situation in which his or her person or
health is endangered, is punishable by imprisonment in a county jail
not exceeding one year, or by a fine not to exceed six thousand
dollars ($6,000), or by both that fine and imprisonment, or by
imprisonment in the state prison for two, three, or four years.
(2) If in the commission of an offense described in paragraph (1),
the victim suffers great bodily injury, as defined in Section
12022.7, the defendant shall receive an additional term in the state
prison as follows:
(A) Three years if the victim is under 70 years of age.
(B) Five years if the victim is 70 years of age or older.
(3) If in the commission of an offense described in paragraph (1),
the defendant proximately causes the death of the victim, the
defendant shall receive an additional term in the state prison as
follows:
(A) Five years if the victim is under 70 years of age.
(B) Seven years if the victim is 70 years of age or older.
(c) Any person who knows or reasonably should know that a person
is an elder or dependent adult and who, under circumstances or
conditions other than those likely to produce great bodily harm or
death, willfully causes or permits any elder or dependent adult to
suffer, or inflicts thereon unjustifiable physical pain or mental
suffering, or having the care or custody of any elder or dependent
adult, willfully causes or permits the person or health of the elder
or dependent adult to be injured or willfully causes or permits the
elder or dependent adult to be placed in a situation in which his or
her person or health may be endangered, is guilty of a misdemeanor.
A second or subsequent violation of this subdivision is punishable by
a fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both that
fine and imprisonment.
(d) Any person who is not a caretaker who violates any provision
of law proscribing theft, embezzlement, forgery, or fraud, or who
violates Section 530.5 proscribing identity theft, with respect to
the property or personal identifying information of an elder or a
dependent adult, and who knows or reasonably should know that the
victim is an elder or a dependent adult, is punishable by
imprisonment in a county jail not exceeding one year, or in the state
prison for two, three, or four years, when the moneys, labor,
goods, services, or real or personal property taken or obtained is of
a value exceeding four hundred dollars ($400); and by a fine not
exceeding one thousand dollars ($1,000), by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment,
when the moneys, labor, goods, services, or real or personal
property taken or obtained is of a value not exceeding four hundred
dollars ($400).
(e) Any caretaker of an elder or a dependent adult who violates
any provision of law proscribing theft, embezzlement, forgery, or
fraud, or who violates Section 530.5 proscribing identity theft, with
respect to the property or personal identifying information of that
elder or dependent adult, is punishable by imprisonment in a county
jail not exceeding one year, or in the state prison for two, three,
or four years when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding four
hundred dollars ($400), and by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment, when the moneys, labor,
goods, services, or real or personal property taken or obtained is
of a value not exceeding four hundred dollars ($400).
(f) Any person who commits the false imprisonment of an elder or a
dependent adult by the use of violence, menace, fraud, or deceit is
punishable by imprisonment in the state prison for two, three, or
four years.
(g) As used in this section, "elder" means any person who is 65
years of age or older.
(h) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 64, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished because of age.
"Dependent adult" includes any person between the ages of 18 and 64
who is admitted as an inpatient to a 24-hour health facility, as
defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety
Code.
(i) As used in this section, "caretaker" means any person who has
the care, custody, or control of, or who stands in a position of
trust with, an elder or a dependent adult.
(j) Nothing in this section shall preclude prosecution under both
this section and Section 187 or 12022.7 or any other provision of
law. However, a person shall not receive an additional term of
imprisonment under both paragraphs (2) and (3) of subdivision (b) for
any single offense, nor shall a person receive an additional term of
imprisonment under both Section 12022.7 and paragraph (2) or (3) of
subdivision (b) for any single offense.
(k) In any case in which a person is convicted of violating these
provisions, the court may require him or her to receive appropriate
counseling as a condition of probation. Any defendant ordered to be
placed in a counseling program shall be responsible for paying the
expense of his or her participation in the counseling program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.[/align]
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Of crimes against the public health and safety
[align=left]
369a. (a) The Legislature hereby finds and declares the following:
(1) Rail transit traffic safety programs are necessary to educate
the public about the potential for harm and injury arising from an
individual's disregard for, and violation of, rail-related traffic
safety laws, and to increase the consequences for those persons
violating rail-related traffic safety laws.
(2) Currently, there does not exist a unified statewide system to
deal with the ever increasing problem of rail-related traffic safety
violators, and to provide a method of educating the public.
(b) In each county with a population greater than 500,000 in which
a transportation commission or authority has been established and it
owns or operates rail transit facilities, the commission or
authority may provide and disseminate appropriate educational
materials to traffic schools to aid in reducing the number of
rail-related traffic accidents, including, but not limited to, a film
developed or caused to be developed by the transportation commission
or authority on rail transit safety.
369b. (a) This section shall only apply to counties with a
population greater than 500,000.
(b) The court may order any person convicted of a rail transit
related traffic violation, as listed in subdivision (c), to attend a
traffic school that offers, as a part of its curriculum, a film
developed or caused to be developed by a transportation commission or
authority on rail transit safety.
(c) For a first offense, a court, at its discretion, may order any
person cited for any of the following violations to attend a traffic
school offering a rail safety presentation, Internet rail safety
test, or rail transit safety film prepared by a county transportation
commission or authority, pay an additional fine of one hundred
dollars ($100), or both:
(1) Section 369g.
(2) Section 369i.
(3) Subdivision (c) of Section 21752, Section 22450, 22451, or
22452, or subdivision (c) of Section 22526, of the Vehicle Code,
involving railroad grade crossings.
(d) For a second or subsequent violation as provided in
subdivision (c), a court shall order a person to pay an additional
fine of up to two hundred dollars ($200) and to attend a traffic
school offering a rail safety presentation, Internet rail safety
test, or rail safety film prepared by a county transportation
commission or authority.
(e) All fines collected according to this section shall be
distributed pursuant to Sections 1463 and 1463.12, as applicable.
369d. Any person who enters upon or crosses any railroad, at any
private passway, which is inclosed by bars or gates, and neglects to
leave the same securely closed after him, is guilty of a misdemeanor.
369g. (a) Any person who rides, drives, or propels any vehicle upon
and along the track of any railroad through or over its private
right-of-way, without the authorization of its superintendent or
other officer in charge thereof, is guilty of a misdemeanor.
(b) Any person who rides, drives, or propels any vehicle upon and
along the track of any railline owned or operated by a county
transportation commission or transportation authority without the
authorization of the commission or authority is guilty of a
misdemeanor.
369h. Any person, partnership, firm or corporation installing,
setting up, maintaining or operating upon public or private property,
any sign or light in line of vision along any main line track of any
railroad in this State of such type or in such form or manner that
it may be mistaken for any fixed or standard railroad signal when
viewed from an approaching locomotive cab, railway car, or train, by
the operators or employees upon such locomotive cab, railway car or
train, so as to hinder the safe and efficient operation of such
locomotive, railway car or train, and endanger the safety of persons
or property upon such locomotive, railway car, or train, shall be
guilty of maintaining a public nuisance. No sign, signal, flare or
light placed within the right of way of any street or highway by
public authorities in charge thereof, considered necessary by them to
direct or warn highway traffic, shall be deemed to violate this
section.
369i. (a) Any person who enters or remains upon the property of any
railroad without the permission of the owner of the land, the owner'
s agent, or the person in lawful possession and whose entry,
presence, or conduct upon the property interferes with, interrupts,
or hinders, or which, if allowed to continue, would interfere with,
interrupt, or hinder the safe and efficient operation of any
locomotive, railway car, or train is guilty of a misdemeanor.
As used in this subdivision, "property of any railroad" means any
land owned, leased, or possessed by a railroad upon which is placed a
railroad track and the land immediately adjacent thereto, to the
distance of 20 feet on either side of the track, which is owned,
leased, or possessed by a railroad.
(b) Any person who enters or remains upon any rail transit related
property owned or operated by a county transportation commission or
transportation authority without permission or whose entry, presence,
or conduct upon the property interferes with, interrupts, or hinders
the safe and efficient operation of the railline or rail-related
facility is guilty of a misdemeanor.
As used in this subdivision, "rail transit related property" means
any land or facilities owned, leased, or possessed by a county
transportation commission or transportation authority.
(c) This section does not prohibit picketing in the immediately
adjacent area of the property of any railroad or rail transit related
property or any lawful activity by which the public is informed of
the existence of an alleged labor dispute.
(370.) Section Three Hundred and Seventy. Anything which is
injurious to health, or is indecent, or offensive to the senses, or
an obstruction to the free use of property, so as to interfere with
the comfortable enjoyment of life or property by an entire community
or neighborhood, or by any considerable number of persons, or
unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or
basin, or any public park, square, street, or highway, is a public
nuisance.
371. An act which affects an entire community or neighborhood, or
any considerable number of persons, as specified in the last section,
is not less a nuisance because the extent of the annoyance or damage
inflicted upon individuals is unequal.
372. Every person who maintains or commits any public nuisance, the
punishment for which is not otherwise prescribed, or who willfully
omits to perform any legal duty relating to the removal of a public
nuisance, is guilty of a misdemeanor.
373a. Every person who maintains, permits, or allows a public
nuisance to exist upon his or her property or premises, and every
person occupying or leasing the property or premises of another who
maintains, permits or allows a public nuisance to exist thereon,
after reasonable notice in writing from a health officer or district
attorney or city attorney or prosecuting attorney to remove,
discontinue or abate the same has been served upon such person, is
guilty of a misdemeanor, and shall be punished accordingly; and the
existence of such nuisance for each and every day after the service
of such notice shall be deemed a separate and distinct offense, and
it is hereby made the duty of the district attorney, or the city
attorney of any city the charter of which imposes the duty upon the
city attorney to prosecute state misdemeanors, to prosecute all
persons guilty of violating this section by continuous prosecutions
until the nuisance is abated and removed.
374. (a) Littering means the willful or negligent throwing,
dropping, placing, depositing, or sweeping, or causing any such acts,
of any waste matter on land or water in other than appropriate
storage containers or areas designated for such purposes.
(b) Waste matter means discarded, used, or leftover substance
including, but not limited to, a lighted or nonlighted cigarette,
cigar, match, or any flaming or glowing material, or any garbage,
trash, refuse, paper, container, packaging or construction material,
carcass of a dead animal, any nauseous or offensive matter of any
kind, or any object likely to injure any person or create a traffic
hazard.
374.2. (a) It is unlawful for any person to maliciously discharge,
dump, release, place, drop, pour, or otherwise deposit, or to
maliciously cause to be discharged, dumped, released, placed,
dropped, poured, or otherwise deposited, any substance capable of
causing substantial damage or harm to the operation of a public sewer
sanitary facility, or to deposit in commercial quantities any other
substance, into a manhole, cleanout, or other sanitary sewer
facility, not intended for use as a point of deposit for sewage,
which is connected to a public sanitary sewer system, without
possessing a written authorization therefor granted by the public
entity which is charged with the administration of the use of the
affected public sanitary sewer system or the affected portion of the
public sanitary sewer system.
As used in this section, "maliciously" means an intent to do a
wrongful act.
(b) For the purposes of this section "person" means an individual,
trust, firm, partnership, joint stock company, limited liability
company, or corporation, and "deposited in commercial quantities"
refers to any substance deposited or otherwise discharged in any
amount greater than for normal domestic sewer use.
(c) Lack of specific knowledge that the facility into which the
prohibited discharge or release occurred is connected to a public
sanitary sewer system shall not constitute a defense to a violation
charged under this section.
(d) Any person who violates this section shall be punished by
imprisonment in the county jail for not more than one year, or by a
fine of up to twenty-five thousand dollars ($25,000), or by both a
fine and imprisonment. If the conviction is for a second or
subsequent violation, the person shall be punished by imprisonment in
the county jail for not more than one year, or imprisonment in the
state prison for 16, 20, or 24 months, and by a fine of not less than
five thousand dollars ($5,000) or more than twenty-five thousand
dollars ($25,000).
374.3. (a) It is unlawful to dump or cause to be dumped waste
matter in or upon a public or private highway or road, including any
portion of the right-of-way thereof, or in or upon private property
into or upon which the public is admitted by easement or license, or
upon private property without the consent of the owner, or in or upon
a public park or other public property other than property
designated or set aside for that purpose by the governing board or
body having charge of that property.
(b) It is unlawful to place, deposit, or dump, or cause to be
placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or
upon a private highway or road, including any portion of the
right-of-way of the private highway or road, or private property,
without the consent of the owner or a contractor under contract with
the owner for the materials, or in or upon a public park or other
public property, without the consent of the state or local agency
having jurisdiction over the highway, road, or property.
(c) A person violating this section is guilty of an infraction.
Each day that waste placed, deposited, or dumped in violation of
subdivision (a) or (b) remains is a separate violation.
(d) This section does not restrict a private owner in the use of
his or her own private property, unless the placing, depositing, or
dumping of the waste matter on the property creates a public health
and safety hazard, a public nuisance, or a fire hazard, as determined
by a local health department, local fire department or district
providing fire protection services, or the Department of Forestry and
Fire Protection, in which case this section applies.
(e) A person convicted of a violation of this section shall be
punished by a mandatory fine of not less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000) upon a
first conviction, by a mandatory fine of not less than five hundred
dollars ($500) nor more than one thousand five hundred dollars
($1,500) upon a second conviction, and by a mandatory fine of not
less than seven hundred fifty dollars ($750) nor more than three
thousand dollars ($3,000) upon a third or subsequent conviction. If
the court finds that the waste matter placed, deposited, or dumped
was used tires, the fine prescribed in this subdivision shall be
doubled.
(f) The court may require, in addition to any fine imposed upon a
conviction, that, as a condition of probation and in addition to any
other condition of probation, a person convicted under this section
remove, or pay the cost of removing, any waste matter which the
convicted person dumped or caused to be dumped upon public or private
property.
(g) Except when the court requires the convicted person to remove
waste matter which he or she is responsible for dumping as a
condition of probation, the court may, in addition to the fine
imposed upon a conviction, require as a condition of probation, in
addition to any other condition of probation, that a person convicted
of a violation of this section pick up waste matter at a time and
place within the jurisdiction of the court for not less than 12
hours.
(h) (1) A person who places, deposits, or dumps, or causes to be
placed, deposited, or dumped, waste matter in violation of this
section in commercial quantities shall be guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than six
months and by a fine. The fine is mandatory and shall amount to not
less than one thousand dollars ($1,000) nor more than three thousand
dollars ($3,000) upon a first conviction, not less than three
thousand dollars ($3,000) nor more than six thousand dollars ($6,000)
upon a second conviction, and not less than six thousand dollars
($6,000) nor more than ten thousand dollars ($10,000) upon a third or
subsequent conviction.
(2) "Commercial quantities" means an amount of waste matter
generated in the course of a trade, business, profession, or
occupation, or an amount equal to or in excess of one cubic yard.
This subdivision does not apply to the dumping of household waste at
a person's residence.
(i) For purposes of this section, "person" means an individual,
trust, firm, partnership, joint stock company, joint venture, or
corporation.
(j) Except in unusual cases where the interests of justice would
be best served by waiving or reducing a fine, the minimum fines
provided by this section shall not be waived or reduced.
374.4. (a) It is unlawful to litter or cause to be littered in or
upon public or private property. A person, firm, or corporation
violating this section is guilty of an infraction.
(b) This section does not restrict a private owner in the use of
his or her own property, unless the littering of waste matter on the
property creates a public health and safety hazard, a public
nuisance, or a fire hazard, as determined by a local health
department, local fire department or district providing fire
protection services, or the Department of Forestry and Fire
Protection, in which case this section applies.
(c) As used in this section, "litter" means the discarding,
dropping, or scattering of small quantities of waste matter
ordinarily carried on or about the person, including, but not limited
to, beverage containers and closures, packaging, wrappers,
wastepaper, newspapers, and magazines, in a place other than a place
or container for the proper disposal thereof, and including waste
matter that escapes or is allowed to escape from a container,
receptacle, or package.
(d) A person, firm, or corporation convicted of a violation of
this section shall be punished by a mandatory fine of not less than
two hundred fifty dollars ($250) nor more than one thousand dollars
($1,000) upon a first conviction, by a mandatory fine of not less
than five hundred dollars ($500) nor more than one thousand five
hundred dollars ($1,500) upon a second conviction, and by a mandatory
fine of not less than seven hundred fifty dollars ($750) nor more
than three thousand dollars ($3,000) upon a third or subsequent
conviction.
(e) The court may, in addition to the fine imposed upon a
conviction, require as a condition of probation, in addition to any
other condition of probation, that any person convicted of a
violation of this section pick up litter at a time and place within
the jurisdiction of the court for not less than eight hours.
374.5. (a) It is unlawful for any grease waste hauler to do either
of the following:
(1) Reinsert, deposit, dump, place, release, or discharge into a
grease trap, grease interceptor, manhole, cleanout, or other sanitary
sewer appurtenance any materials that the hauler has removed from
the grease trap or grease interceptor, or to cause those materials to
be so handled.
(2) Cause or permit to be discharged in or on any waters of the
state, or discharged in or deposited where it is, or probably will
be, discharged in or on any waters of the state, any materials that
the hauler has removed from the grease trap or grease interceptor, or
to cause those materials to be so handled.
(b) The prohibition in subdivision (a), as it pertains to
reinsertion of material removed from a grease trap or grease
interceptor, shall not apply to a grease waste hauler if all of the
following conditions are met:
(1) The local sewer authority having jurisdiction over the pumping
and disposal of the material specifically allows a registered grease
waste hauler to obtain written approval for the reinsertion of
decanted liquid.
(2) The local sewer authority has determined that, if reinsertion
is allowed, it is feasible to enforce local discharge limits for
fats, oil, and grease, if any, and other local requirements for best
management or operating practices, if any.
(3) The grease waste hauler is registered pursuant to Section
19310 of the Food and Agricultural Code.
(4) The registered grease waste hauler demonstrates to the
satisfaction of the local sewer authority all of the following:
(A) It will use equipment that will adequately separate the water
from the grease waste and solids in the material so as to comply with
applicable regulations.
(B) Its employees are adequately trained in the use of that
equipment.
(5) The registered grease waste hauler demonstrates both of the
following:
(A) It has informed the managerial personnel of the owner or
operator of the grease trap or interceptor, in writing, that the
grease waste hauler may reinsert the decanted materials, unless the
owner or operator objects to the reinsertion.
(B) The owner or operator has not objected to the reinsertion of
the decanted materials. If the owner or operator of the grease trap
or interceptor objects to the reinsertion, no decanted material may
be inserted in that grease trap or interceptor.
(c) A grease waste hauler shall not transport grease removed from
a grease trap or grease interceptor in the same vehicle used for
transporting other waste, including, but not limited to, yellow
grease, cooking grease, recyclable cooking oil, septic waste, or
fluids collected at car washes.
(d) For purposes of this section, a "grease waste hauler" is a
transporter of inedible kitchen grease subject to registration
requirements pursuant to Section 19310 of the Food and Agricultural
Code.
(e) Any person who violates this section shall be guilty of a
misdemeanor punishable by imprisonment in a county jail for not more
than six months or a fine of not more than ten thousand dollars
($10,000), or both a fine and imprisonment.
A second and subsequent conviction, shall be punishable by
imprisonment in a county jail for not more than one year, or a fine
of not more than twenty-five thousand dollars ($25,000), or both a
fine and imprisonment.
(f) Notwithstanding Section 1463, the fines paid pursuant to this
section shall be apportioned as follows:
(1) Fifty percent shall be deposited in the Environmental
Enforcement and Training Account established pursuant to Section
14303, and used for purposes of Title 13 (commencing with Section
14300) of Part 4.
(2) Twenty-five percent shall be distributed pursuant to Section
1463.001.
(3) Twenty-five percent to the local health officer or other local
public officer or agency that investigated the matter which led to
bringing the action.
(g) If the court finds that the violator has engaged in a practice
or pattern of violation, consisting of two or more convictions, the
court may bar the violating individual or business from engaging in
the business of grease waste hauling for a period not to exceed five
years.
(h) The court may require, in addition to any fine imposed upon
conviction, that as a condition of probation and in addition to any
other punishment or condition of probation, that a person convicted
under this section remove, or pay the cost of removing, to the extent
they are able, any materials which the convicted person dumped or
caused to be dumped in violation of this section.
(i) This section does not prohibit the direct receipt of trucked
grease by a publicly owned treatment works.
374.7. (a) A person who litters or causes to be littered, or dumps
or causes to be dumped, waste matter into a bay, lagoon, channel,
river, creek, slough, canal, lake, or reservoir, or other stream or
body of water, or upon a bank, beach, or shore within 150 feet of the
high water mark of a stream or body of water, is guilty of a
misdemeanor.
(b) A person convicted of a violation of subdivision (a) shall be
punished by a mandatory fine of not less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000) upon a
first conviction, by a mandatory fine of not less than five hundred
dollars ($500) nor more than one thousand five hundred dollars
($1,500) upon a second conviction, and by a mandatory fine of not
less than seven hundred fifty dollars ($750) nor more than three
thousand dollars ($3,000) upon a third or subsequent conviction.
(c) The court may, in addition to the fine imposed upon a
conviction, require as a condition of probation, in addition to any
other condition of probation, that any person convicted of a
violation of subdivision (a), pick up litter at a time and place
within the jurisdiction of the court for not less than eight hours.
374.8. (a) In any prosecution under this section, proof of the
elements of the offense shall not be dependent upon the requirements
of Title 22 of the California Code of Regulations.
(b) Any person who knowingly causes any hazardous substance to be
deposited into or upon any road, street, highway, alley, or railroad
right-of-way, or upon the land of another, without the permission of
the owner, or into the waters of this state is punishable by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for a term of 16 months, two years,
or three years, or by a fine of not less than fifty dollars ($50) nor
more than ten thousand dollars ($10,000), or by both the fine and
imprisonment, unless the deposit occurred as a result of an emergency
that the person promptly reported to the appropriate regulatory
authority.
(c) For purposes of this section, "hazardous substance" means
either of the following:
(1) Any material that, because of its quantity, concentration, or
physical or chemical characteristics, poses a significant present or
potential hazard to human health and safety or to the environment if
released into the environment, including, but not limited to,
hazardous waste and any material that the administering agency or a
handler, as defined in Chapter 6.91 (commencing with Section 25410)
of Division 20 of the Health and Safety Code, has a reasonable basis
for believing would be injurious to the health and safety of persons
or harmful to the environment if released into the environment.
(2) Any substance or chemical product for which one of the
following applies:
(A) The manufacturer or producer is required to prepare a MSDS, as
defined in Section 6374 of the Labor Code, for the substance or
product pursuant to the Hazardous Substances Information Training Act
(Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5
of the Labor Code) or pursuant to any applicable federal law or
regulation.
(B) The substance is described as a radioactive material in
Chapter 1 of Title 10 of the Code of Federal Regulations maintained
and updated by the nuclear Regulatory Commission.
(C) The substance is designated by the Secretary of Transportation
in Chapter 27 (commencing with Section 1801) of the appendix to
Title 49 of the United States Code and taxed as a radioactive
substance or material.
(D) The materials listed in subdivision (b) of Section 6382 of the
Labor Code.
374a. A person giving information leading to the arrest and
conviction of a person for a violation of Section 374c, 374.2, 374.3,
374.4, or 374.7 is entitled to a reward for providing the
information.
The amount of the reward for each arrest and conviction shall be
50 percent of the fine levied against and collected from the person
who violated Section 374c, 374.2, 374.3, 374.4, or 374.7 and shall be
paid by the court. If the reward is payable to two or more persons,
it shall be divided equally. The amount of collected fine to be paid
under this section shall be paid prior to any distribution of the
fine that may be prescribed by any other section, including Section
1463.9, with respect to the same fine.
374c. Every person who shoots any firearm from or upon a public
road or highway is guilty of a misdemeanor.
374d. Every person who knowingly allows the carcass of any dead
animal which belonged to him at the time of its death to be put, or
to remain, within 100 feet of any street, alley, public highway, or
road in common use, and every person who puts the carcass of any dead
animal within 100 feet of any street, alley, highway, or road in
common use is guilty of a misdemeanor.
375. (a) It shall be unlawful to throw, drop, pour, deposit,
release, discharge or expose, or to attempt to throw, drop, pour,
deposit, release, discharge or expose in, upon or about any theater,
restaurant, place of business, place of amusement or any place of
public assemblage, any liquid, gaseous or solid substance or matter
of any kind which is injurious to person or property, or is nauseous,
sickening, irritating or offensive to any of the senses.
(b) It shall be unlawful to manufacture or prepare, or to possess
any liquid, gaseous, or solid substance or matter of any kind which
is injurious to person or property, or is nauseous, sickening,
irritating or offensive, to any of the senses with intent to throw,
drop, pour, deposit, release, discharge or expose the same in, upon
or about any theater, restaurant, place of business, place of
amusement, or any other place of public assemblage.
(c) Any person violating any of the provisions hereof shall be
punished by imprisonment in the county jail for not less than three
months and not more than one year, or by a fine of not less than five
hundred dollars ($500) and not more than two thousand dollars
($2,000), or by both such fine and imprisonment.
(d) Any person who, in violating any of the provisions of
subdivision (a), willfully employs or uses any liquid, gaseous or
solid substance which may produce serious illness or permanent injury
through being vaporized or otherwise dispersed in the air or who, in
violating any of the provisions of subdivision (a), willfully
employs or uses any tear gas, mustard gas or any of the combinations
or compounds thereof, or willfully employs or uses acid or
explosives, shall be guilty of a felony and shall be punished by
imprisonment in the state prison.
377. Every person who, in order to obtain for himself or another
any drug that can be lawfully dispensed by a pharmacist only on
prescription, falsely represents himself to be a physician or other
person who can lawfully prescribe such drug, or falsely represents
that he is acting on behalf of a person who can lawfully prescribe
such drug, in a telephone communication with a pharmacist, is guilty
of a misdemeanor.
380. (a) Every person who sells, dispenses or distributes toluene,
or any substance or material containing toluene, to any person who is
less than 18 years of age shall be guilty of a misdemeanor, and upon
conviction shall be fined in a sum of not less than one thousand
dollars ($1,000), nor more than two thousand five hundred dollars
($2,500), or by imprisonment for not less than six months nor more
than one year.
(b) The court shall order the suspension of the business license,
for a period of one year, of a person who knowingly violates any of
the provisions of this section after having been previously convicted
of a violation of this section unless the owner of such business
license can demonstrate a good faith attempt to prevent illegal sales
or deliveries by employees. The provisions of this subdivision
shall become operative on July 1, 1980.
(c) The provisions of this section shall apply to, but are not
limited to, the sale or distribution of glue, cement, dope, paint
thinners, paint, and any combination of hydrocarbons either alone or
in combination with any substance or material including, but not
limited to, paint, paint thinners, shellac thinners, and solvents
which, when inhaled, ingested or breathed, can cause a person to be
under the influence of, or intoxicated from, any such combination of
hydrocarbons.
This section shall not prohibit the sale of gasoline or other
motor vehicle fuels to persons less than 18 years of age.
(d) This section shall not apply to any glue or cement which has
been certified by the State Department of Health Services as
containing a substance which makes such glue or cement malodorous or
causes such glue or cement to induce sneezing, nor shall this section
apply where the glue or cement is sold, delivered, or given away
simultaneously with or as part of a kit used for the construction of
model airplanes, model boats, model automobiles, model trains, or
other similar models or used for the assembly or creation of hobby
craft items using such components as beads, tiles, tiffany glass,
ceramics, clay, or other craft-related components.
381. (a) Any person who possesses toluene or any substance or
material containing toluene, including, but not limited to, glue,
cement, dope, paint thinner, paint and any combination of
hydrocarbons, either alone or in combination with any substance or
material including but not limited to paint, paint thinner, shellac
thinner, and solvents, with the intent to breathe, inhale or ingest
for the purpose of causing a condition of intoxication, elation,
euphoria, dizziness, stupefaction, or dulling of the senses or for
the purpose of, in any manner, changing, distorting or disturbing the
audio, visual, or mental processes, or who knowingly and with the
intent to do so is under the influence of toluene or any material
containing toluene, or any combination of hydrocarbons is guilty of a
misdemeanor.
(b) Any person who possesses any substance or material, which the
State Department of Health Services has determined by regulations
adopted pursuant to the Administrative Procedures Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) has toxic qualities similar to toluene, with
the intent to breathe, inhale, or ingest for the purpose of causing a
condition of intoxication, elation, euphoria, dizziness, excitement,
irrational behavior, exhilaration, satisfaction, stupefaction, or
dulling of the senses or for the purpose of, in any manner, changing,
distorting or disturbing the audio, visual, or mental processes, or
who is under the influence of such substance or material is guilty of
a misdemeanor.
381a. Any person, or persons, whether as principals, agents,
managers, or otherwise, who buy or sell dairy products, or deal in
milk, cream or butter, and who buy or sell the same upon the basis of
their richness or weight or the percentage of cream, or butter-fat
contained therein, who use any apparatus, test bottle or other
appliance, or who use the "Babcock test" or machine of like character
for testing such dairy products, cream or butter, which is not
accurate and correct, or which gives wrong or false percentages, or
which is calculated in any way to defraud or injure the person with
whom he deals, is guilty of a misdemeanor, and upon conviction shall
be fined not more than one thousand dollars ($1,000) or imprisoned in
the county jail not more than six (6) months.
381b. Any person who possesses nitrous oxide or any substance
containing nitrous oxide, with the intent to breathe, inhale, or
ingest for the purpose of causing a condition of intoxication,
elation, euphoria, dizziness, stupefaction, or dulling of the senses
or for the purpose of, in any manner, changing, distorting, or
disturbing the audio, visual, or mental processes, or who knowingly
and with the intent to do so is under the influence of nitrous oxide
or any material containing nitrous oxide is guilty of a misdemeanor.
This section shall not apply to any person who is under the
influence of nitrous oxide or any material containing nitrous oxide
pursuant to an administration for the purpose of medical, surgical,
or dental care by a person duly licensed to administer such an agent.
382. Every person who adulterates or dilutes any article of food,
drink, drug, medicine, spirituous or malt liquor, or wine, or any
article useful in compounding them, with the fraudulent intent to
offer the same, or cause or permit it to be offered for sale as
unadulterated or undiluted; and every person who fraudulently sells,
or keeps or offers for sale the same, as unadulterated or undiluted,
or who, in response to an inquiry for any article of food, drink,
drug, medicine, spirituous or malt liquor, or wine, sells or offers
for sale, a different article, or an article of a different character
or manufacture, without first informing such purchaser of such
difference, is guilty of a misdemeanor; provided, that no retail
dealer shall be convicted under the provisions of this section if he
shall prove a written guaranty of purity obtained from the person
from whom he purchased such adulterated or diluted goods.
382.4. No person, other than a licensed veterinarian, shall
administer succinylcholine, also known as sucostrin, to any dog or
cat.
Violation of this section shall constitute a misdemeanor.
382.5. Every person who sells, dispenses, administers or prescribes
dinitrophenol for any purpose shall be guilty of a felony,
punishable by a fine not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000), or by imprisonment in the
state prison, or by both such fine and imprisonment.
This section shall not apply to dinitrophenol manufactured or sold
as an economic poison registered under the provision of Section
12811 of the Food and Agricultural Code nor to sales for use in
manufacturing or for scientific purposes, and not for human
consumption.
382.6. Every person who sells, dispenses, administers or prescribes
preparations containing diphenylamine, paraphenylenediamine, or
paratoluylenediamine, or a derivative of any such chemicals, to be
used as eyebrow and eyelash dye, shall be guilty of a felony,
punishable by a fine not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000), or by imprisonment in the
state prison, or by both such fine and imprisonment.
382.7. Every person who knowingly prescribes, dispenses,
administers, or furnishes any liquid silicone substance for the
purpose of injection into a human breast or mammary is guilty of a
misdemeanor.
383. Every person who knowingly sells, or keeps or offers for sale,
or otherwise disposes of any article of food, drink, drug, or
medicine, knowing that the same is adulterated or has become tainted,
decayed, spoiled, or otherwise unwholesome or unfit to be eaten or
drunk, with intent to permit the same to be eaten or drunk, is guilty
of a misdemeanor, and must be fined not exceeding one thousand
dollars ($1,000), or imprisoned in the county jail not exceeding six
months, or both, and may, in the discretion of the court, be adjudged
to pay, in addition, all the necessary expenses, not exceeding one
thousand dollars ($1,000), incurred in inspecting and analyzing such
articles. The term "drug," as used herein, includes all medicines for
internal or external use, antiseptics, disinfectants, and cosmetics.
The term "food," as used herein, includes all articles used for
food or drink by man, whether simple, mixed, or compound. Any
article is deemed to be adulterated within the meaning of this
section:
(a) In case of drugs: (1) if, when sold under or by a name
recognized in the United States Pharmacopoeia, it differs materially
from the standard of strength, quality, or purity laid down therein;
(2) if, when sold under or by a name not recognized in the United
States Pharmacopoeia, but which is found in some other pharmacopoeia
or other standard work on materia medica, it differs materially from
the standard of strength, quality, or purity laid down in such work;
(3) if its strength, quality, or purity falls below the professed
standard under which it is sold.
(b) In the case of food: (1) if any substance or substances have
been mixed with it, so as to lower or depreciate, or injuriously
affect its quality, strength, or purity; (2) if any inferior or
cheaper substance or substances have been substituted wholly or in
part for it; (3) if any valuable or necessary constituent or
ingredient has been wholly or in part abstracted from it; (4) if it
is an imitation of, or is sold under the name of, another article;
(5) if it consists wholly, or in part, of a diseased, decomposed,
putrid, infected, tainted, or rotten animal or vegetable substance or
article, whether manufactured or not; or in the case of milk, if it
is the produce of a diseased animal; (6) if it is colored, coated,
polished, or powdered, whereby damage or inferiority is concealed, or
if by any means it is made to appear better or of greater value than
it really is; (7) if it contains any added substance or ingredient
which is poisonous or injurious to health.
383a. Any person, firm, or corporation, who sells or offers for
sale, or has in his or its possession for sale, any butter
manufactured by boiling, melting, deodorizing, or renovating, which
is the product of stale, rancid, or decomposed butter, or by any
other process whereby stale, rancid, or decomposed butter is
manufactured to resemble or appear like creamery or dairy butter,
unless the same is plainly stenciled or branded upon each and every
package, barrel, firkin, tub, pail, square, or roll, in letters not
less than one half inch in length, "process butter," or "renovated
butter," in such a manner as to advise the purchaser of the real
character of such "process" or "renovated" butter, is guilty of a
misdemeanor.
383b. Every person who with intent to defraud, sells or exposes for
sale any meat or meat preparations, and falsely represents the same
to be kosher, whether such meat or meat preparations be raw or
prepared for human consumption, or as having been prepared under and
from a product or products sanctioned by the orthodox Hebrew
religious requirements; or falsely represents any food product, or
the contents of any package or container, to be so constituted and
prepared, by having or permitting to be inscribed thereon the words
"kosher" in any language; or sells or exposes for sale in the same
place of business both kosher and nonkosher meat or meat
preparations, either raw or prepared for human consumption, who fails
to indicate on his window signs in all display advertising in block
letters at least four inches in height "kosher and nonkosher meats
sold here"; or who exposes for sale in any show window or place of
business as both kosher and nonkosher meat preparations, either raw
or prepared for human consumption, who fails to display over each
kind of meat or meat preparation so exposed a sign in block letters
at least four inches in height, reading "kosher meat" or "nonkosher
meat" as the case may be; or sells or exposes for sale in any
restaurant or any other place where food products are sold for
consumption on the premises, any article of food or food preparations
and falsely represents the same to be kosher, or as having been
prepared in accordance with the orthodox Hebrew religious
requirements; or sells or exposes for sale in such restaurant, or
such other place, both kosher and nonkosher food or food preparations
for consumption on the premises, not prepared in accordance with the
Jewish ritual, or not sanctioned by the Hebrew orthodox religious
requirements, and who fails to display on his window signs in all
display advertising, in block letters at least four inches in height
"kosher and nonkosher food served here" is guilty of a misdemeanor
and upon conviction thereof be punishable by a fine of not less than
one hundred dollars ($100), nor more than six hundred dollars ($600),
or imprisonment in the county jail of not less than 30 days, nor
more than 90 days, or both such fine and imprisonment.
The word "kosher" is here defined to mean a strict compliance with
every Jewish law and custom pertaining and relating to the killing
of the animal or fowl from which the meat is taken or extracted, the
dressing, treatment and preparation thereof for human consumption,
and the manufacture, production, treatment and preparation of such
other food or foods in connection wherewith Jewish laws and customs
obtain and to the use of tools, implements, vessels, utensils, dishes
and containers that are used in connection with the killing of such
animals and fowls and the dressing, preparation, production,
manufacture and treatment of such meats and other products, foods and
food stuffs.
383c. Every person who with intent to defraud, sells or exposes for
sale any meat or meat preparations, and falsely represents the same
to be halal, whether the meat or meat preparations is raw or prepared
for human consumption, or as having been prepared under and from a
product or products sanctioned by the Islamic religious requirements;
or falsely represents any food product, or the contents of any
package or container, to be so constituted and prepared, by having or
permitting to be inscribed thereon the word "halal" in any language;
or sells or exposes for sale in the same place of business both
halal and nonhalal meat or meat preparations, either raw or prepared
for human consumption, who fails to indicate on his or her window
signs in all display advertising in block letters at least four
inches in height "halal and nonhalal meats sold here"; or who exposes
for sale in any show window or place of business as both halal and
nonhalal meat preparations, either raw or prepared for human
consumption, who fails to display over each kind of meat or meat
preparation so exposed a sign in block letters at least four inches
in height, reading "halal meat" or "nonhalal meat" as the case may
be; or sells or exposes for sale in any restaurant or any other place
where food products are sold for consumption on the premises, any
article of food or food preparations and falsely represents the same
to be halal, or as having been prepared in accordance with the
Islamic religious requirements; or sells or exposes for sale in a
restaurant, or other place, both halal and nonhalal food or food
preparations for consumption on the premises, not prepared in
accordance with the Islamic ritual, or not sanctioned by Islamic
religious requirements, and who fails to display on his or her window
signs in all display advertising, in block letters at least four
inches in height "halal and nonhalal food served here" is guilty of a
misdemeanor and upon conviction thereof be punishable by a fine of
not less than one hundred dollars ($100), nor more than six hundred
dollars ($600), or imprisonment in a county jail of not less than 30
days, nor more than 90 days, or both that fine and imprisonment.
The word "halal" is here defined to mean a strict compliance with
every Islamic law and custom pertaining and relating to the killing
of the animal or fowl from which the meat is taken or extracted, the
dressing, treatment, and preparation thereof for human consumption,
and the manufacture, production, treatment, and preparation of other
food or foods in connection wherewith Islamic laws and customs obtain
and to the use of tools, implements, vessels, utensils, dishes, and
containers that are used in connection with the killing of animals
and fowls and the dressing, preparation, production, manufacture, and
treatment of meats and other products, foods, and food stuffs.
384. (a) Any person who shall wilfully refuse to immediately
relinquish a party line when informed that such line is needed for an
emergency call, and in fact such line is needed for an emergency
call, to a fire department or police department or for medical aid or
ambulance service, or any person who shall secure the use of a party
line by falsely stating that such line is needed for an emergency
call, shall be guilty of a misdemeanor.
(b) "Party line" as used in this section means a subscribers' line
telephone circuit, consisting of two or more main telephone stations
connected therewith, each station with a distinctive ring or
telephone number. "Emergency" as used in this section means a
situation in which property or human life is in jeopardy and the
prompt summoning of aid is essential.
(c) Every telephone directory hereafter published and distributed
to the members of the general public in this State or in any portion
thereof which lists the calling numbers of telephones of any
telephone exchange located in this State shall contain a notice which
explains the offense provided for in this section, such notice to be
printed in type which is not smaller than any other type on the same
page and to be preceded by the word "warning" printed in type at
least as large as the largest type on the same page; provided, that
the provisions of this subdivision shall not apply to those
directories distributed solely for business advertising purposes,
commonly known as classified directories, nor to any telephone
directory heretofore distributed to the general public. Any person,
firm or corporation providing telephone service which distributes or
causes to be distributed in this State copies of a telephone
directory which is subject to the provisions of this section and
which do not contain the notice herein provided for shall be guilty
of a misdemeanor.
384.5. (a) (1) Any person who removes any minor forest products
from the property where the products were cut and transports the
products upon any public road or highway shall have in the person's
possession a valid bill of sale for the products or a written permit
issued by the owner of the property from which the products were
removed authorizing the removal and transport.
(2) Any such permit or bill of sale shall include, but is not
limited to, all of the following:
(A) The name, address, and signature of the landowner, and phone
number, if available.
(B) The name, address, and signature of the permittee or
purchaser.
(C) The amount, species, and type of minor forest products to be
removed and transported.
(D) A description sufficient to identify the property from which
the minor forest products are to be removed.
(E) The date of issuance of the permit or bill of sale and the
duration of the period of time within which the minor forest products
may be removed.
(F) Any conditions or additional information which the landowner
may impose or include.
(3) Any permit for the removal of minor forest products from
public lands that is issued by the United States Forest Service or
the Bureau of Land Management is sufficient for the purposes of this
subdivision, regardless of whether the permit conforms to the
specific requirements as to content set forth in paragraph (2).
(4) For the purposes of this subdivision, "minor forest products"
means firewood, posts, shakeboards, shake and shingle bolts, or split
products, in quantities exceeding 20 cubic feet in volume, and
burlwood or stumps, in quantities of two or more.
(b) This section shall not apply to the transport of any minor
forest products carried in a passenger vehicle, as defined in Section
465 of the Vehicle Code.
(c) Violation of subdivision (a) is a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000) or by
imprisonment in a county jail for not more than six months or by both
that fine and imprisonment.
384a. Every person who within the State of California willfully or
negligently cuts, destroys, mutilates, or removes any tree or shrub,
or fern or herb or bulb or cactus or flower, or huckleberry or
redwood greens, or portion of any tree or shrub, or fern or herb or
bulb or cactus or flower, or huckleberry or redwood greens, growing
upon state or county highway rights-of-way, or who removes leaf mold
thereon, except that the provisions of this section shall not be
construed to apply to any employee of the state or of any political
subdivision thereof engaged in work upon any state, county, or public
road or highway while performing work under the supervision of the
state or of any political subdivision thereof, and every person who
willfully or negligently cuts, destroys, mutilates, or removes any
tree or shrub, or fern or herb or bulb or cactus or flower, or
huckleberry or redwood greens, or portions of any tree or shrub, or
fern or herb or bulb or cactus or flower, or huckleberry or redwood
greens, growing upon public land or upon land not his or her own, or
leaf mold on the surface of public land, or upon land not his or her
own, without a written permit from the owner of the land signed by
the owner or the owner's authorized agent, and every person who
knowingly sells, offers, or exposes for sale, or transports for sale,
any tree or shrub, or fern or herb or bulb or cactus or flower, or
huckleberry or redwood greens, or portion of any tree or shrub, or
fern or herb or bulb or cactus or flower, or huckleberry or redwood
greens, or leaf mold, so cut or removed from state or county highway
rights-of-way, or removed from public land or from land not owned by
the person who cut or removed the same without the written permit
from the owner of the land, signed by the owner or the owner's
authorized agent, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand
dollars ($1,000), by imprisonment in a county jail for not more than
six months, or by both fine and imprisonment.
The written permit required under this section shall be signed by
the landowner, or the landowner's authorized agent, and acknowledged
before a notary public, or other person authorized by law to take
acknowledgments. The permit shall contain the number and species of
trees and amount of shrubs or ferns or herbs or bulbs or cacti or
flowers, or huckleberry or redwood greens, or portions of any tree or
shrub, and shall contain the legal description of the real property
as usually found in deeds and conveyances of the land on which
cutting or removal, or both, shall take place. One copy of the
permit shall be filed in the office of the sheriff of the county in
which the land described in the permit is located. The permit shall
be filed prior to commencement of cutting of the trees or shrub or
fern or herb or bulb or cactus or flower or huckleberry or redwood
green or portions of any tree or shrub authorized by the permit. The
permit required by this section need not be notarized or filed with
the office of the sheriff of the county where trees are to be removed
when five or less trees or five or less pounds of shrubs or boughs
are to be cut or removed.
Any county or state fire warden, or personnel of the Department of
Forestry and Fire Protection as designated by the Director of
Forestry and Fire Protection, and personnel of the United States
Forest Service as designated by the Regional Forester, Region 5, of
the United States Forest Service, or any peace officer of the State
of California, may enforce the provisions of this section and may
confiscate any and all such shrubs, trees, ferns or herbs or bulbs or
cacti or flowers, or huckleberry or redwood greens or leaf mold, or
parts thereof unlawfully cut or removed or knowingly sold, offered,
or exposed or transported for sale as provided in this section.
This section does not apply to any tree or shrub, or fern or
herb or bulb or cactus or flower, or greens declared by law to be a
public nuisance.
This section does not apply to the necessary cutting or trimming
of any trees, shrubs, or ferns or herbs or bulbs or cacti or
flowers, or greens if done for the purpose of protecting or
maintaining an electric powerline, telephone line, or other property
of a public utility.
This section does not apply to persons engaged in logging
operations, or in suppressing fires.
384b. For the purposes of Sections 384c through 384f, inclusive,
unless the context otherwise requires, the definitions contained in
this section govern the construction of those sections.
(a) "Person" includes an employee with wages as his or her sole
compensation.
(b) "Permit" means a permit as required by Section 384a.
(c) "Tree" means any evergreen tree or top thereof which is
harvested without having the limbs and foliage removed.
(d) "Shrub" means any toyon or Christmas red-berry shrub or any of
the following native desert plants: all species of the family
Cactaceae (cactus family); and Agave deserti (desert agave), Agave
utahensis (Utah agave), Nolina bigelovii, Nolina parryi (Parry
nolina), Nolina wolfii, Yucca baccata, Yucca brevifolia (Joshua
tree), Yucca schidigera (Mohave yucca), Yucca whipplei (Whipple
yucca), Cercidium floridum (blue palo verde), Cercidium microphyllum
(little leaf palo verde), Dalea spinosa (smoke tree), Olneya tesota
(ironwood tree), and Fouquieria splendens (ocotillo), or any part
thereof, except the fruit thereof, which is harvested without having
the limbs and foliage removed.
(e) "Bough" means any limb or foliage removed from an evergreen
tree.
(f) "Peace officer" means any county or state fire warden,
personnel of the Department of Forestry and Fire Protection as
designated by the Director of Forestry and Fire Protection, personnel
of the United States Forest Service as designated by the Regional
Forester, Region 5 of the United States Forest Service, personnel of
the United States Department of the Interior as designated by them,
or any peace officer of the State of California.
(g) "Harvest" means to remove or cut and remove from the place
where grown.
(h) "Harvester" means a person who harvests a tree, shrub, or
bough.
384c. Persons purchasing trees, shrubs, or boughs from harvesters
thereof shall not transport more than five trees or more than five
pounds of shrubs or boughs on the public roads or highways without
obtaining from the seller of the trees, shrubs, or boughs and having
validated as provided in Section 384d a transportation tag for each
load of the trees, shrubs, or boughs.
Unless a valid transportation tag issued in California for a tree,
shrub, or bough has already been obtained, persons who harvest
trees, shrubs, or boughs from their own land or the land of another
or who are in possession of trees, shrubs, or boughs shall, before
transporting on the public roads or highways or selling or consigning
for removal and transportation over the public roads and highways
more than five trees or more than five pounds of other shrubs or
boughs, file with the sheriff of each county in which the trees,
shrubs, or boughs are to be harvested an application for
transportation tags and obtain a supply of these transportation tags
sufficient to provide one tag for each load of trees, shrubs, or
boughs to be so transported or sold.
No person shall knowingly make any false statement on any
application for the transportation tags and the application shall
contain, but is not limited to, the following information:
(a) The name and address of the applicant.
(b) The amount and species of trees, shrubs, or boughs to be
transported.
(c) The name of the county from which the trees, shrubs, or boughs
are to be removed.
(d) A legal description of the real property from which the trees,
shrubs, or boughs are to be removed.
(e) The name or names of the owner of the real property from which
the trees, shrubs, or boughs are to be removed.
(f) The applicant's timber operator permit number, if the
harvesting of the trees, shrubs, or boughs is subject to the Z'
berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2 of Division 4 of the Public Resources Code).
(g) The destination of the trees, shrubs, or boughs.
(h) The proposed date or dates of the transportation.
Every applicant shall, at the time of application, show to the
sheriff his or her permit or proof of ownership of the trees, shrubs,
or boughs. The application forms and transportation tags shall be
printed and distributed by the sheriff of each county.
384d. Upon the filing of an application containing the information
required by Section 384c, and the presentation of a permit or proof
of ownership as required by Section 384c, the county sheriff's office
shall issue to persons who harvest or have in their possession,
trees, shrubs or boughs within the county sufficient transportation
tags stamped with the county seal and identified by the applicant's
timber operator permit number, if any, to enable the person
transporting any of the trees, shrubs or boughs harvested within the
county by the applicant to have a tag accompany each and every load
of such trees, shrubs or boughs. Harvesters of trees, shrubs or
boughs, when selling from stockpile location, shall furnish to the
purchaser of trees, shrubs or boughs a bill of sale and a
transportation tag for each load or part thereof bearing the
harvester's timber operator permit number, if any, and other
information as hereinafter required.
The purchaser of harvested trees, shrubs or boughs or the
harvester when transporting his own trees, shrubs or boughs shall
have the transportation tag validated by a peace officer in the
county of purchase or harvest or by the nearest peace officer in an
adjacent county when the transportation route used does not pass an
office of a peace officer in the county of purchase or harvest. The
validated transportation tag or tags shall remain with the load to
the marketing area.
The transportation tags shall be in two parts; one to be retained
by the transporting party; one to be retained by the validating peace
officer and forwarded to the county sheriff. The transportation
tags shall be validated and in force only for the proposed date or
dates of transportation as specified in the application for the
transportation tags. The transportation tags will be validated
without fee and each shall contain the following information: name
and address of the person obtaining and using the tag; number or
amount of each species of trees, shrubs and boughs in the load; make,
model and license number of the transporting vehicle; the county of
origin and county of destination; the specified period of time during
which the transportation tag is in force; date and validating
signature and title of a peace officer.
384e. (a) The transportation tag described in Section 384d shall be
presented to any peace officer upon demand.
(b) Failure to produce a transportation tag properly filled out
and validated upon demand of any peace officer shall constitute
sufficient grounds to hold in protective custody the entire load of
trees, shrubs or boughs, until proof of legal right to transport is
furnished.
384f. Any person violating any of the provisions of Sections 384b
through 384f shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand
dollars ($1,000) or by imprisonment in the county jail not exceeding
six months or by both such fine and imprisonment.
384h. Every person who willfully or negligently, while hunting upon
the inclosed lands of another, kills, maims, or wounds an animal,
the property of another, is guilty of a misdemeanor.
384i. (a) Sections 384a to 384f, inclusive, shall not apply to
maintenance and construction activities of public agencies and their
employees.
(b) Sections 384b to 384f, inclusive, shall not apply to native
desert plants described in subdivision (b) of Section 384b, that have
been propagated and cultivated by human beings and which are being
transported under Section 6922 or 6923 of the Food and Agricultural
Code, pursuant to a valid nursery stock certificate.
(c) Sections 384a to 384f, inclusive, shall not apply to any act
regulated by the provisions of Division 23 (commencing with Section
80001) of the Food and Agricultural Code.
385. (a) The term "high voltage" as used in this section means a
voltage in excess of 750 volts, measured between conductors or
measured between the conductor and the ground.
The term "overhead conductor" as used in this section means any
electrical conductor (either bare or insulated) installed above the
ground except such conductors as are enclosed in iron pipe or other
metal covering of equal strength.
(b) Any person who either personally or through an employee or
agent, or as an employee or agent of another, operates, places,
erects or moves any tools, machinery, equipment, material, building
or structure within six feet of a high voltage overhead conductor is
guilty of a misdemeanor.
(c) It shall be a misdemeanor to own, operate or to employ any
person to operate, any crane, derrick, power shovel, drilling rig,
hay loader, hay stacker, pile driver, or similar apparatus, any part
of which is capable of vertical, lateral or swinging motion, unless
there is posted and maintained in plain view of the operator thereof,
a durable warning sign legible at 12 feet, reading: "Unlawful to
operate this equipment within six feet of high voltage lines."
Each day's failure to post or maintain such sign shall constitute
a separate violation.
(d) The provisions of this section shall not apply to (1) the
construction, reconstruction, operation or maintenance of any high
voltage overhead conductor, or its supporting structures or
appurtenances by persons authorized by the owner, or (2) the
operation of standard rail equipment which is normally used in the
transportation of freight or passengers, or the operation of relief
trains or other emergency railroad equipment by persons authorized by
the owner, or (3) any construction, reconstruction, operation or
maintenance of any overhead structures covered by the rules for
overhead line construction prescribed by the Public Utilities
Commission of the State of California.
386. (a) Any person who willfully or maliciously constructs or
maintains a fire-protection system in any structure with the intent
to install a fire protection system which is known to be inoperable
or to impair the effective operation of a system, so as to threaten
the safety of any occupant or user of the structure in the event of a
fire, shall be subject to imprisonment in the state prison for two,
three, or four years.
(b) A violation of subdivision (a) which proximately results in
great bodily injury or death is a felony punishable by imprisonment
in the state prison for five, six, or seven years.
(c) As used in this section, "fire-protection system" includes,
but is not limited to, an automatic fire sprinkler system, standpipe
system, automatic fixed fire extinguishing system, and fire alarm
system.
(d) For purposes of this section, the following definitions shall
control:
(1) "Automatic fire sprinkler system" means an integrated system
of underground and overhead piping designed in accordance with fire
protection engineering standards. The portion of the sprinkler
system above ground is a network of specially sized or hydraulically
designed piping installed in a building, structure, or area,
generally overhead, and to which sprinklers are attached in a
systematic pattern. The valve controlling each system riser is
located in the system riser or its supply piping. Each sprinkler
system riser includes a device for activating an alarm when the
system is in operation. The system is normally activated by heat
from a fire, and it discharges water over the fire area.
(2) "Standpipe system" means an arrangement of piping, valves, and
hose connectors and allied equipment installed in a building or
structure with the hose connectors located in a manner that water can
be discharged in streams or spray patterns through attached hose and
nozzles. The purpose of the system is to extinguish a fire, thereby
protecting a building or structure and its contents and occupants.
This system relies upon connections to water supply systems or pumps,
tanks, and other equipment necessary to provide an adequate supply
of water to the hose connectors.
(3) "Automatic fixed fire extinguishing system" means either of
the following:
(A) An engineered fixed extinguishing system which is custom
designed for a particular hazard, using components which are approved
or listed only for their broad performance characteristics.
Components may be arranged into a variety of configurations. These
systems shall include, but not be limited to, dry chemical systems,
carbon dioxide systems, halogenated agent systems, steam systems,
high expansion foam systems, foam extinguishing systems, and liquid
agent systems.
(B) A pre-engineered fixed extinguishing system is a system where
the number of components and their configurations are included in the
description of the system's approval and listing. These systems
include, but are not limited to, dry chemical systems, carbon dioxide
systems, halogenated agent systems, and liquid agent systems.
(4) "Fire alarm system" means a control unit and a combination of
electrical interconnected devices designed and intended to cause an
alarm or warning of fire in a building or structure by either manual
or automatic activation, or by both, and includes the systems
installed throughout any building or portion thereof.
(5) "Structure" means any building, whether private, commercial,
or public, or any bridge, tunnel, or powerplant.
387. (a) Any corporation, limited liability company, or person who
is a manager with respect to a product, facility, equipment, process,
place of employment, or business practice, is guilty of a public
offense punishable by imprisonment in the county jail for a term not
exceeding one year, or by a fine not exceeding ten thousand dollars
($10,000), or by both that fine and imprisonment; or by imprisonment
in the state prison for 16 months, two, or three years, or by a fine
not exceeding twenty-five thousand dollars ($25,000); or by both that
fine and imprisonment, but if the defendant is a corporation or a
limited liability company the fine shall not exceed one million
dollars ($1,000,000), if that corporation, limited liability company,
or person does all of the following:
(1) Has actual knowledge of a serious concealed danger that is
subject to the regulatory authority of an appropriate agency and is
associated with that product or a component of that product or
business practice.
(2) Knowingly fails during the period ending 15 days after the
actual knowledge is acquired, or if there is imminent risk of great
bodily harm or death, immediately, to do both of the following:
(A) Inform the Division of Occupational Safety and Health in the
Department of Industrial Relations in writing, unless the
corporation, limited liability company, or manager has actual
knowledge that the division has been so informed.
Where the concealed danger reported pursuant to this paragraph is
subject to the regulatory authority of an agency other than the
Division of Occupational Safety and Health in the Department of
Industrial Relations, it shall be the responsibility of the Division
of Occupational Safety and Health in the Department of Industrial
Relations, within 24 hours of receipt of the information, to
telephonically notify the appropriate government agency of the
hazard, and promptly forward any written notification received.
(B) Warn its affected employees in writing, unless the
corporation, limited liability company, or manager has actual
knowledge that the employees have been so warned.
The requirement for disclosure is not applicable if the hazard is
abated within the time prescribed for reporting, unless the
appropriate regulatory agency nonetheless requires disclosure by
regulation.
Where the Division of Occupational Safety and Health in the
Department of Industrial Relations was not notified, but the
corporation, limited liability company, or manager reasonably and in
good faith believed that they were complying with the notification
requirements of this section by notifying another government agency,
as listed in paragraph (8) of subdivision (d), no penalties shall
apply.
(b) As used in this section:
(1) "Manager" means a person having both of the following:
(A) Management authority in or as a business entity.
(B) Significant responsibility for any aspect of a business that
includes actual authority for the safety of a product or business
practice or for the conduct of research or testing in connection with
a product or business practice.
(2) "Product" means an article of trade or commerce or other item
of merchandise that is a tangible or an intangible good, and includes
services.
(3) "Actual knowledge," used with respect to a serious concealed
danger, means has information that would convince a reasonable person
in the circumstances in which the manager is situated that the
serious concealed danger exists.
(4) "Serious concealed danger," used with respect to a product or
business practice, means that the normal or reasonably foreseeable
use of, or the exposure of an individual to, the product or business
practice creates a substantial probability of death, great bodily
harm, or serious exposure to an individual, and the danger is not
readily apparent to an individual who is likely to be exposed.
(5) "Great bodily harm" means a significant or substantial
physical injury.
(6) "Serious exposure" means any exposure to a hazardous
substance, when the exposure occurs as a result of an incident or
exposure over time and to a degree or in an amount sufficient to
create a substantial probability that death or great bodily harm in
the future would result from the exposure.
(7) "Warn its affected employees" means give sufficient
description of the serious concealed danger to all individuals
working for or in the business entity who are likely to be subject to
the serious concealed danger in the course of that work to make
those individuals aware of that danger.
(8) "Appropriate government agency" means an agency on the
following list that has regulatory authority with respect to the
product or business practice and serious concealed dangers of the
sort discovered:
(A) The Division of Occupational Safety and Health in the
Department of Industrial Relations.
(B) State Department of Health Services.
(C) Department of Agriculture.
(D) County departments of health.
(E) The United States Food and Drug Administration.
(F) The United States Environmental Protection Agency.
(G) The National Highway Traffic Safety Administration.
(H) The Federal Occupation Safety and Health Administration.
(I) The Nuclear Regulatory Commission.
(J) The Consumer Product Safety Commission.
(K) The Federal Aviation Administration.
(L) The Federal Mine Safety and Health Review Commission.
(c) Notification received pursuant to this section shall not be
used against any manager in any criminal case, except a prosecution
for perjury or for giving a false statement.
(d) No person who is a manager of a limited liability company
shall be personally liable for acts or omissions for which the
limited liability company is liable under subdivision (a) solely by
reason of being a manager of the limited liability company. A person
who is a manager of a limited liability company may be held liable
under subdivision (a) if that person is also a "manager" within the
meaning of paragraph (1) of subdivision (b).
395. Every person who willfully makes or publishes any false
statement, spreads any false rumor, or employs any other false or
fraudulent means or device, with intent to affect the market price of
any kind of property, is guilty of a misdemeanor.
396. (a) The Legislature hereby finds that during emergencies and
major disasters, including, but not limited to, earthquakes, fires,
floods, or civil disturbances, some merchants have taken unfair
advantage of consumers by greatly increasing prices for essential
consumer goods and services. While the pricing of consumer goods and
services is generally best left to the marketplace under ordinary
conditions, when a declared state of emergency results in abnormal
disruptions of the market, the public interest requires that
excessive and unjustified increases in the prices of essential
consumer goods and services be prohibited. It is the intent of the
Legislature in enacting this act to protect citizens from excessive
and unjustified increases in the prices charged during or shortly
after a declared state of emergency for goods and services that are
vital and necessary for the health, safety, and welfare of consumers.
Further it is the intent of the Legislature that this section be
liberally construed so that its beneficial purposes may be served.
(b) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, storm, or natural or manmade
disaster declared by the President of the United States or the
Governor, or upon the declaration of a local emergency resulting from
an earthquake, flood, fire, riot, storm, or natural or manmade
disaster by the executive officer of any county, city, or city and
county, and for a period of 30 days following that declaration, it is
unlawful for a person, contractor, business, or other entity to sell
or offer to sell any consumer food items or goods, goods or services
used for emergency cleanup, emergency supplies, medical supplies,
home heating oil, building materials, housing, transportation,
freight, and storage services, or gasoline or other motor fuels for a
price of more than 10 percent above the price charged by that person
for those goods or services immediately prior to the proclamation of
emergency. However, a greater price increase is not unlawful if
that person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the
goods, or directly attributable to additional costs for labor or
materials used to provide the services, provided that in those
situations where the increase in price is attributable to additional
costs imposed by the seller's supplier or additional costs of
providing the good or service during the state of emergency, the
price represents no more than 10 percent above the total of the cost
to the seller plus the markup customarily applied by the seller for
that good or service in the usual course of business immediately
prior to the onset of the state of emergency.
(c) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, or storm declared by the President
of the United States or the Governor, or upon the declaration of a
local emergency resulting from an earthquake, flood, fire, riot, or
storm by the executive officer of any county, city, or city and
county, and for a period of 180 days following that declaration, it
is unlawful for a contractor to sell or offer to sell any repair or
reconstruction services or any services used in emergency cleanup for
a price of more than 10 percent above the price charged by that
person for those services immediately prior to the proclamation of
emergency. However, a greater price increase is not unlawful if that
person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the
goods, or directly attributable to additional costs for labor or
materials used to provide the services, provided that in those
situations where the increase in price is attributable to the
additional costs imposed by the contractor's supplier or additional
costs of providing the service during the state of emergency, the
price represents no more than 10 percent above the total of the cost
to the contractor plus the markup customarily applied by the
contractor for that good or service in the usual course of business
immediately prior to the onset of the state of emergency.
(d) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, storm, or other natural disaster
declared by the President of the United States or the Governor, or
upon the declaration of a local emergency resulting from an
earthquake, flood, fire, riot, storm, or other natural disaster by
the executive officer of any county, city, or city and county, and
for a period of 30 days following that proclamation or declaration,
it is unlawful for an owner or operator of a hotel or motel to
increase the hotel or motel's regular rates, as advertised
immediately prior to the proclamation or declaration of emergency, by
more than 10 percent. However, a greater price increase is not
unlawful if the owner or operator can prove that the increase in
price is directly attributable to additional costs imposed on it for
goods or labor used in its business, to seasonal adjustments in rates
that are regularly scheduled, or to previously contracted rates.
(e) The provisions of this section may be extended for additional
30-day periods by a local legislative body or the California
Legislature, if deemed necessary to protect the lives, property, or
welfare of the citizens.
(f) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for a period not exceeding one year, or
by a fine of not more than ten thousand dollars ($10,000), or by
both that fine and imprisonment.
(g) A violation of this section shall constitute an unlawful
business practice and an act of unfair competition within the meaning
of Section 17200 of the Business and Professions Code. The remedies
and penalties provided by this section are cumulative to each other,
the remedies under Section 17200 of the Business and Professions
Code, and the remedies or penalties available under all other laws of
this state.
(h) For the purposes of this section, the following terms have the
following meanings:
(1) "State of emergency" means a natural or manmade disaster or
emergency resulting from an earthquake, flood, fire, riot, or storm
for which a state of emergency has been declared by the President of
the United States or the Governor of California.
(2) "Local emergency" means a natural or manmade disaster or
emergency resulting from an earthquake, flood, fire, riot, or storm
for which a local emergency has been declared by the executive
officer or governing body of any city or county in California.
(3) "Consumer food item" means any article that is used or
intended for use for food, drink, confection, or condiment by a
person or animal.
(4) "Repair or reconstruction services" means services performed
by any person who is required to be licensed under the Contractors'
State License Law (Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code), for repairs to
residential or commercial property of any type that is damaged as a
result of a disaster.
(5) "Emergency supplies" includes, but is not limited to, water,
flashlights, radios, batteries, candles, blankets, soaps, diapers,
temporary shelters, tape, toiletries, plywood, nails, and hammers.
(6) "Medical supplies" includes, but is not limited to,
prescription and nonprescription medications, bandages, gauze,
isopropyl alcohol, and antibacterial products.
(7) "Building materials" means lumber, construction tools,
windows, and anything else used in the building or rebuilding of
property.
(8) "Gasoline" means any fuel used to power any motor vehicle or
power tool.
(9) "Transportation, freight, and storage services" means any
service that is performed by any company that contracts to move,
store, or transport personal or business property or rents equipment
for those purposes.
(10) "Housing" means any rental housing leased on a month-to-month
term.
(11) "Goods" has the same meaning as defined in subdivision (c) of
Section 1689.5 of the Civil Code.
(i) Nothing in this section shall preempt any local ordinance
prohibiting the same or similar conduct or imposing a more severe
penalty for the same conduct prohibited by this section.
(j) A business offering an item for sale at a reduced price
immediately prior to the proclamation of the emergency may use the
price at which it usually sells the item to calculate the price
pursuant to subdivision (b) or (c).
396.5. It shall be unlawful for any retail food store or wholesale
food concern, as defined in Section 3(k) of the federal Food Stamp
Act of 1977 (Public Law 95-113) (7 U.S.C. Sec. 2012(k)), or any
person, to sell, furnish or give away any goods or services, other
than those items authorized by the Food Stamp Act of 1964, as amended
(Public Law 88-525) (Chapter 51 (commencing with Section 2011) of
Title 7 of the United States Code), in exchange for food stamps
issued pursuant to Chapter 10 (commencing with Section 18900), Part
6, Division 9 of the Welfare and Institutions Code.
Any violator of this section is guilty of a misdemeanor and shall
be punished by a fine of not more than five thousand dollars ($5,000)
or by imprisonment in the county jail not exceeding 90 days, or by
both that fine and imprisonment.
397. Every person who sells or furnishes, or causes to be sold or
furnished, intoxicating liquors to any habitual or common drunkard,
or to any person who has been adjudged legally incompetent or insane
by any court of this State and has not been restored to legal
capacity, knowing such person to have been so adjudged, is guilty of
a misdemeanor.
398. (a) Whenever a person owning or having custody or control of
an animal, knows, or has reason to know, that the animal bit another
person, he or she shall, as soon as is practicable, but no later than
48 hours thereafter, provide the other person with his or her name,
address, telephone number, and the name and license tag number of the
animal who bit the other person. If the person with custody or
control of the animal at the time the bite occurs is a minor, he or
she shall instead provide identification or contact information of an
adult owner or responsible party. If the animal is required by law
to be vaccinated against rabies, the person owning or having custody
or control of the animal shall, within 48 hours of the bite, provide
the other person with information regarding the status of the animal'
s vaccinations. Violation of this section is an infraction punishable
by a fine of not more than one hundred dollars ($100).
(b) For purposes of this section, it is necessary for the skin of
the person be broken or punctured by the animal for the contact to be
classified as a bite.
399. (a) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers it to
go at large, or keeps it without ordinary care, and the animal,
while so at large, or while not kept with ordinary care, kills any
human being who has taken all the precautions that the circumstances
permitted, or which a reasonable person would ordinarily take in the
same situation, is guilty of a felony.
(b) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers it to
go at large, or keeps it without ordinary care, and the animal,
while so at large, or while not kept with ordinary care, causes
serious bodily injury to any human being who has taken all the
precautions that the circumstances permitted, or which a reasonable
person would ordinarily take in the same situation, is guilty of a
misdemeanor or a felony.
399.5. (a) Any person owning or having custody or control of a dog
trained to fight, attack, or kill is guilty of a felony or a
misdemeanor, punishable by imprisonment in the state prison for two,
three, or four years, or in a county jail not to exceed one year, or
by a fine not exceeding ten thousand dollars ($10,000), or by both
the fine and imprisonment, if, as a result of that person's failure
to exercise ordinary care, the dog bites a human being, on two
separate occasions or on one occasion causing substantial physical
injury. No person shall be criminally liable under this section,
however, unless he or she knew or reasonably should have known of the
vicious or dangerous nature of the dog, or if the victim failed to
take all the precautions that a reasonable person would ordinarily
take in the same situation.
(b) Following the conviction of an individual for a violation of
this section, the court shall hold a hearing to determine whether
conditions of the treatment or confinement of the dog or other
circumstances existing at the time of the bite or bites have changed
so as to remove the danger to other persons presented by the animal.
The court, after hearing, may make any order it deems appropriate to
prevent the recurrence of such an incident, including, but not
limited to, the removal of the animal from the area or its
destruction if necessary.
(c) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (a) based on a bite or bites inflicted
upon a trespasser, upon a person who has provoked the dog or
contributed to his or her own injuries, or by a dog used in military
or police work if the bite or bites occurred while the dog was
actually performing in that capacity. As used in this subdivision,
"provocation" includes, but is not limited to, situations where a dog
held on a leash by its owner or custodian reacts in a protective
manner to a person or persons who approach the owner or custodian in
a threatening manner.
(d) Nothing in this section shall be construed to affect the
liability of the owner of a dog under Section 399 or any other
provision of law.
(e) This section shall not apply to a veterinarian or an on-duty
animal control officer while in the performance of his or her duties,
or to a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, if he or she is assigned to a
canine unit.
401. Every person who deliberately aids, or advises, or encourages
another to commit suicide, is guilty of a felony.
402. (a) Every person who goes to the scene of an emergency, or
stops at the scene of an emergency, for the purpose of viewing the
scene or the activities of police officers, firefighters, emergency
medical, or other emergency personnel, or military personnel coping
with the emergency in the course of their duties during the time it
is necessary for emergency vehicles or those personnel to be at the
scene of the emergency or to be moving to or from the scene of the
emergency for the purpose of protecting lives or property, unless it
is part of the duties of that person's employment to view that scene
or activities, and thereby impedes police officers, firefighters,
emergency medical, or other emergency personnel or military
personnel, in the performance of their duties in coping with the
emergency, is guilty of a misdemeanor.
(b) Every person who knowingly resists or interferes with the
lawful efforts of a lifeguard in the discharge or attempted discharge
of an official duty in an emergency situation, when the person knows
or reasonably should know that the lifeguard is engaged in the
performance of his or her official duty, is guilty of a misdemeanor.
(c) For the purposes of this section, an emergency includes a
condition or situation involving injury to persons, damage to
property, or peril to the safety of persons or property, which
results from a fire, an explosion, an airplane crash, flooding,
windstorm damage, a railroad accident, a traffic accident, a power
plant accident, a toxic chemical or biological spill, or any other
natural or human-caused event.
402a. Every person who adulterates candy by using in its
manufacture terra alba or other deleterious substances, or who sells
or keeps for sale any candy or candies adulterated with terra alba,
or any other deleterious substance, knowing the same to be
adulterated, is guilty of a misdemeanor.
402b. Any person who discards or abandons or leaves in any place
accessible to children any refrigerator, icebox, deep-freeze locker,
clothes dryer, washing machine, or other appliance, having a capacity
of one and one-half cubic feet or more, which is no longer in use,
and which has not had the door removed or the hinges and such portion
of the latch mechanism removed to prevent latching or locking of the
door, is guilty of a misdemeanor. Any owner, lessee, or manager who
knowingly permits such a refrigerator, icebox, deep-freeze locker,
clothes dryer, washing machine, or other appliance to remain on
premises under his control without having the door removed or the
hinges and such portion of the latch mechanism removed to prevent
latching or locking of the door, is guilty of a misdemeanor. Guilt
of a violation of this section shall not, in itself, render one
guilty of manslaughter, battery or other crime against a person who
may suffer death or injury from entrapment in such a refrigerator,
icebox, deep-freeze locker, clothes dryer, washing machine, or other
appliance.
The provisions of this section shall not apply to any vendor or
seller of refrigerators, iceboxes, deep-freeze lockers, clothes
dryers, washing machines, or other appliances, who keeps or stores
them for sale purposes, if the vendor or seller takes reasonable
precautions to effectively secure the door of any such refrigerator,
icebox, deep-freeze locker, clothes dryer, washing machine, or other
appliance so as to prevent entrance by children small enough to fit
therein.
402c. On and after January 1, 1970, any person who sells a new
refrigerator, icebox, or deep-freeze locker not equipped with an
integral lock in this state, having a capacity of two cubic feet or
more, which cannot be opened from the inside by the exertion of 15
pounds of force against the latch edge of the closed door is guilty
of a misdemeanor.
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Of crimes against the public peace
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403. Every person who, without authority of law, willfully disturbs
or breaks up any assembly or meeting that is not unlawful in its
character, other than an assembly or meeting referred to in Section
302 of the Penal Code or Section 18340 of the Elections Code, is
guilty of a misdemeanor.
404. (a) Any use of force or violence, disturbing the public peace,
or any threat to use force or violence, if accompanied by immediate
power of execution, by two or more persons acting together, and
without authority of law, is a riot.
(b) As used in this section, disturbing the public peace may occur
in any place of confinement. Place of confinement means any state
prison, county jail, industrial farm, or road camp, or any city jail,
industrial farm, or road camp, or any juvenile hall, juvenile camp,
juvenile ranch, or juvenile forestry camp.
404.6. (a) Every person who with the intent to cause a riot does an
act or engages in conduct that urges a riot, or urges others to
commit acts of force or violence, or the burning or destroying of
property, and at a time and place and under circumstances that
produce a clear and present and immediate danger of acts of force or
violence or the burning or destroying of property, is guilty of
incitement to riot.
(b) Incitement to riot is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(c) Every person who incites any riot in the state prison or a
county jail that results in serious bodily injury, shall be punished
by either imprisonment in a county jail for not more than one year,
or imprisonment in the state prison.
(d) The existence of any fact that would bring a person under
subdivision (c) shall be alleged in the complaint, information, or
indictment and either admitted by the defendant in open court, or
found to be true by the jury trying the issue of guilt, by the court
where guilt is established by a plea of guilty or nolo contendere, or
by trial by the court sitting without a jury.
405. Every person who participates in any riot is punishable by a
fine not exceeding one thousand dollars, or by imprisonment in a
county jail not exceeding one year, or by both such fine and
imprisonment.
405a. The taking by means of a riot of any person from the lawful
custody of any peace officer is a lynching.
405b. Every person who participates in any lynching is punishable
by imprisonment in the state prison for two, three or four years.
406. Whenever two or more persons, assembled and acting together,
make any attempt or advance toward the commission of an act which
would be a riot if actually committed, such assembly is a rout.
407. Whenever two or more persons assemble together to do an
unlawful act, or do a lawful act in a violent, boisterous, or
tumultuous manner, such assembly is an unlawful assembly.
408. Every person who participates in any rout or unlawful assembly
is guilty of a misdemeanor.
409. Every person remaining present at the place of any riot, rout,
or unlawful assembly, after the same has been lawfully warned to
disperse, except public officers and persons assisting them in
attempting to disperse the same, is guilty of a misdemeanor.
409.3. Whenever law enforcement officers and emergency medical
technicians are at the scene of an accident, management of the scene
of the accident shall be vested in the appropriate law enforcement
agency, whose representative shall consult with representatives of
other response agencies at the scene to ensure that all appropriate
resources are properly utilized. However, authority for patient care
management at the scene of an accident shall be determined in
accordance with Section 1798.6 of the Health and Safety Code.
For purposes of this section, "management of the scene of an
accident" means the coordination of operations which occur at the
location of an accident.
409.5. (a) Whenever a menace to the public health or safety is
created by a calamity including a flood, storm, fire, earthquake,
explosion, accident, or other disaster, officers of the Department of
the California Highway Patrol, police departments, marshal's office
or sheriff's office, any officer or employee of the Department of
Forestry and Fire Protection designated a peace officer by
subdivision (g) of Section 830.2, any officer or employee of the
Department of Parks and Recreation designated a peace officer by
subdivision (f) of Section 830.2, any officer or employee of the
Department of Fish and Game designated a peace officer under
subdivision (e) of Section 830.2, and any publicly employed full-time
lifeguard or publicly employed full-time marine safety officer while
acting in a supervisory position in the performance of his or her
official duties, may close the area where the menace exists for the
duration thereof by means of ropes, markers, or guards to any and all
persons not authorized by the lifeguard or officer to enter or
remain within the enclosed area. If the calamity creates an
immediate menace to the public health, the local health officer may
close the area where the menace exists pursuant to the conditions set
forth in this section.
(b) Officers of the Department of the California Highway Patrol,
police departments, marshal's office or sheriff's office, officers of
the Department of Fish and Game designated as peace officers by
subdivision (e) of Section 830.2, or officers of the Department of
Forestry and Fire Protection designated as peace officers by
subdivision (g) of Section 830.2 may close the immediate area
surrounding any emergency field command post or any other command
post activated for the purpose of abating any calamity enumerated in
this section or any riot or other civil disturbance to any and all
unauthorized persons pursuant to the conditions set forth in this
section whether or not the field command post or other command post
is located near to the actual calamity or riot or other civil
disturbance.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within the area after receiving notice to evacuate or leave
shall be guilty of a misdemeanor.
(d) Nothing in this section shall prevent a duly authorized
representative of any news service, newspaper, or radio or television
station or network from entering the areas closed pursuant to this
section.
409.6. (a) Whenever a menace to the public health or safety is
created by an avalanche, officers of the Department of the California
Highway Patrol, police departments, or sheriff's offices, any
officer or employee of the Department of Forestry and Fire Protection
designated a peace officer by subdivision (g) of Section 830.2, and
any officer or employee of the Department of Parks and Recreation
designated a peace officer by subdivision (f) of Section 830.2, may
close the area where the menace exists for the duration thereof by
means of ropes, markers, or guards to any and all persons not
authorized by that officer to enter or remain within the closed area.
If an avalanche creates an immediate menace to the public health,
the local health officer may close the area where the menace exists
pursuant to the conditions which are set forth above in this section.
(b) Officers of the Department of the California Highway Patrol,
police departments, or sheriff's offices, or officers of the
Department of Forestry and Fire Protection designated as peace
officers by subdivision (g) of Section 830.2, may close the immediate
area surrounding any emergency field command post or any other
command post activated for the purpose of abating hazardous
conditions created by an avalanche to any and all unauthorized
persons pursuant to the conditions which are set forth in this
section whether or not that field command post or other command post
is located near the avalanche.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within that area, or any unauthorized person who willfully
remains within an area closed pursuant to subdivision (a) or (b),
after receiving notice to evacuate or leave from a peace officer
named in subdivision (a) or (b), shall be guilty of a misdemeanor.
If necessary, a peace officer named in subdivision (a) or (b) may use
reasonable force to remove from the closed area any unauthorized
person who willfully remains within that area after receiving notice
to evacuate or leave.
(d) Nothing in this section shall prevent a duly authorized
representative of any news service, newspaper, or radio or television
station or network from entering the areas closed pursuant to this
section.
410. If a magistrate or officer, having notice of an unlawful or
riotous assembly, mentioned in this Chapter, neglects to proceed to
the place of assembly, or as near thereto as he can with safety, and
to exercise the authority with which he is invested for suppressing
the same and arresting the offenders, he is guilty of a misdemeanor.
412. Any person, who, within this state, engages in, or instigates,
aids, encourages, or does any act to further, a pugilistic contest,
or fight, or ring or prize fight, or sparring or boxing exhibition,
taking or to take place either within or without this state, between
two or more persons, with or without gloves, for any price, reward or
compensation, directly or indirectly, or who goes into training
preparatory to such pugilistic contest, or fight, or ring or prize
fight, or sparring or boxing exhibition, or acts as aider, abettor,
backer, umpire, referee, trainer, second, surgeon, or assistant, at
such pugilistic contest, or fight, or ring or prize fight, or
sparring or boxing exhibition, or who sends or publishes a challenge
or acceptance of a challenge, or who knowingly carries or delivers
such challenge or acceptance, or who gives or takes or receives any
tickets, tokens, prize, money, or thing of value, from any person or
persons, for the purpose of seeing or witnessing any such pugilistic
contest, or fight, or ring or prize fight, or sparring or boxing
exhibition, or who, being the owner, lessee, agent, or occupant of
any vessel, building, hotel, room, enclosure or ground, or any part
thereof, whether for gain, hire, reward or gratuitously or otherwise,
permits the same to be used or occupied for such a pugilistic
contest, or fight, or ring or prize fight, or sparring or boxing
exhibition, or who lays, makes, offers or accepts, a bet or bets, or
wager or wagers, upon the result or any feature of any pugilistic
contest, or fight, or ring or prize fight, or sparring or boxing
exhibition, or acts as stakeholder of any such bet or bets, or wager
or wagers, shall be guilty of a misdemeanor, and upon conviction
thereof, shall be fined not less than one hundred dollars nor more
than one thousand dollars and be imprisoned in the county jail not
less than thirty days nor exceeding one year; provided, however, that
amateur boxing exhibitions may be held within this state, of a
limited number of rounds, not exceeding four of the duration of three
minutes each; the interval between each round shall be one minute,
and the contestants weighing one hundred and forty-five pounds or
over shall wear gloves of not less than eight ounces each in weight,
and contestants weighing under one hundred and forty-five pounds may
wear gloves of not less than six ounces each in weight. All gloves
used by contestants in such amateur boxing exhibitions shall be so
constructed, as that the soft padding between the outside coverings
shall be evenly distributed over the back of said gloves and cover
the knuckles and back of the hands. And no bandages of any kind
shall be used on the hands or arms of the contestants. For the
purpose of this statute an amateur boxing exhibition shall be and is
hereby defined as one in which no contestant has received or shall
receive in any form, directly or indirectly, any money, prize, reward
or compensation either for the expenses of training for such contest
or for taking part therein, except as herein expressly provided.
Nor shall any person appear as contestant in such amateur exhibition
who prior thereto has received any compensation or reward in any form
for displaying, exercising or giving any example of his skill in or
knowledge of athletic exercises, or for rendering services of any
kind to any athletic organization or to any person or persons as
trainer, coach, instructor or otherwise, or who shall have been
employed in any manner professionally by reason of his athletic skill
or knowledge; provided, however, that a medal or trophy may be
awarded to each contestant in such amateur boxing exhibitions, not to
exceed in value the sum of $35.00 each, which such medal or trophy
must have engraved thereon the name of the winner and the date of the
event; but no portion of any admission fee or fees charged or
received for any amateur boxing exhibition shall be paid or given to
any contestant in such amateur boxing exhibition, either directly or
indirectly, nor shall any gift be given to or received by such
contestants for participating in such boxing exhibition, except said
medal or trophy. At every amateur boxing exhibition held in this
state and permitted by this section of the Penal Code, any sheriff,
constable, marshal, policeman or other peace officer of the city,
county or other political subdivision, where such exhibition is being
held, shall have the right to, and it is hereby declared to be his
duty to stop such exhibition, whenever it shall appear to him that
the contestants are so unevenly matched or for any other reason, the
said contestants have been, or either of them, has been seriously
injured or there is danger that said contestants, or either of them,
will be seriously injured if such contest continues, and he may call
to his assistance in enforcing his order to stop said exhibition, as
many peace officers or male citizens of the state as may be necessary
for that purpose. Provided, further, that any contestant who shall
continue to participate in such exhibition after an order to stop
such exhibition shall have been given by such peace officer, or who
shall violate any of the regulations herein prescribed, for governing
amateur boxing exhibitions, shall be deemed guilty of violating this
section of the Penal Code and subject to the punishment herein
provided.
Nothing in this section contained shall be construed to prevent
any county, city and county, or incorporated city or town from
prohibiting, by ordinance, the holding or conducting of any boxing
exhibition, or any person from engaging in any such boxing exhibition
therein.
413. Every person wilfully present as spectator at any fight or
contention prohibited in the preceding section, is guilty of a
misdemeanor.
An information may be laid before any of the magistrates mentioned
in section eight hundred and eight of this code, that a person has
taken steps toward promoting or participating in a contemplated
pugilistic contest, or fight, or ring or prize fight, or sparring or
boxing exhibition, prohibited under the provision of section four
hundred and twelve of this code, or is about to commit an offense
under said section four hundred and twelve. When said information is
laid before said magistrate, he must examine, on oath, the informer,
and any witness or witnesses he may produce, and must take their
depositions in writing and cause them to be subscribed by the parties
making them. If it appears from the deposition that there is just
reason to fear the commission of the offense contemplated by the
person so informed against, the magistrate must issue a warrant
directed generally to the sheriff of the county, or any constable,
marshal, or policeman in the state, reciting the substance of the
information and commanding the officer forthwith to arrest the person
informed against and bring him before the magistrate. When the
person informed against is brought before the magistrate, if the
charge be controverted, the magistrate must take testimony in
relation thereto. The evidence must be reduced to writing and
subscribed by the witnesses. If it appears there is no just reason
to fear the commission of the offense alleged to have been
contemplated, the person complained against must be discharged. If,
however, there is just reason to fear the commission of the offense,
the person complained of must be required to enter into an
undertaking in such sum, not less than three thousand dollars, as the
magistrate may direct, with one or more sufficient sureties,
conditioned that such person will not, for a period of one year
thereafter, commit any such contemplated offense.
414. Every person who leaves this state with intent to evade any of
the provisions of Section 412 or 413, and to commit any act out of
this state such as is prohibited by them, and who does any act which
would be punishable under these provisions if committed within this
state, is punishable in the same manner as he or she would have been
in case such act had been committed within this state.
414a. No person, otherwise competent as a witness, is disqualified
from testifying as such, concerning any offense under this act, on
the ground that such testimony may incriminate himself, but no
prosecution can afterwards be had against him for any offense
concerning which he testified. The provisions of section 1111 of the
Penal Code of this state are not applicable to any prosecutions
brought under the provisions of this act.
415. Any of the following persons shall be punished by imprisonment
in the county jail for a period of not more than 90 days, a fine of
not more than four hundred dollars ($400), or both such imprisonment
and fine:
(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.
415.5. (a) Any person who (1) unlawfully fights within any building
or upon the grounds of any school, community college, university, or
state university or challenges another person within any building
or upon the grounds to fight, or (2) maliciously and willfully
disturbs another person within any of these buildings or upon the
grounds by loud and unreasonable noise, or (3) uses offensive words
within any of these buildings or upon the grounds which are
inherently likely to provoke an immediate violent reaction is guilty
of a misdemeanor punishable by a fine not exceeding four hundred
dollars ($400) or by imprisonment in the county jail for a period of
not more than 90 days, or both.
(b) If the defendant has been previously convicted once of a
violation of this section or of any offense defined in Chapter 1
(commencing with Section 626) of Title 15 of Part 1, the defendant
shall be sentenced to imprisonment in the county jail for a period of
not less than 10 days or more than six months, or by both that
imprisonment and a fine of not exceeding one thousand dollars
($1,000), and shall not be released on probation, parole, or any
other basis until not less than 10 days of imprisonment has been
served.
(c) If the defendant has been previously convicted two or more
times of a violation of this section or of any offense defined in
Chapter 1 (commencing with Section 626) of Title 15 of Part 1, the
defendant shall be sentenced to imprisonment in the county jail for a
period of not less than 90 days or more than six months, or by both
that imprisonment and a fine of not exceeding one thousand dollars
($1,000), and shall not be released on probation, parole, or any
other basis until not less than 90 days of imprisonment has been
served.
(d) For the purpose of determining the penalty to be imposed
pursuant to this section, the court may consider a written report
from the Department of Justice containing information from its
records showing prior convictions; and the communication is prima
facie evidence of such convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
(e) As used in this section "state university," "university,"
"community college," and "school" have the same meaning as these
terms are given in Section 626.
(f) This section shall not apply to any person who is a registered
student of the school, or to any person who is engaged in any
otherwise lawful employee concerted activity.
416. (a) If two or more persons assemble for the purpose of
disturbing the public peace, or committing any unlawful act, and do
not disperse on being desired or commanded so to do by a public
officer, the persons so offending are severally guilty of a
misdemeanor.
(b) Any person who, as a result of violating subdivision (a),
personally causes damage to real or personal property, which is
either publicly or privately owned, shall make restitution for the
damage he or she caused, including, but not limited to, the costs of
cleaning up, repairing, replacing, or restoring the property. Any
restitution required to be paid pursuant to this subdivision shall be
paid directly to the victim. If the court determines that the
defendant is unable to pay restitution, the court shall order the
defendant to perform community service, as the court deems
appropriate, in lieu of the direct restitution payment.
(c) This section shall not preclude the court from imposing
restitution in the form of a penalty assessment pursuant to Section
1464 if the court, in its discretion, deems that additional
restitution appropriate.
(d) The burden of proof on the issue of whether any defendant or
defendants personally caused any property damage shall rest with the
prosecuting agency or claimant. In no event shall the burden of
proof on this issue shift to the defendant or any of several
defendants to prove that he or she was not responsible for the
property damage.
417. (a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly weapon
whatsoever, other than a firearm, in a rude, angry, or threatening
manner, or who in any manner, unlawfully uses a deadly weapon other
than a firearm in any fight or quarrel is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than 30
days.
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:
(A) If the violation occurs in a public place and the firearm is a
pistol, revolver, or other firearm capable of being concealed upon
the person, by imprisonment in a county jail for not less than three
months and not more than one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.
(B) In all cases other than that set forth in subparagraph (A), a
misdemeanor, punishable by imprisonment in a county jail for not less
than three months.
(b) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any loaded firearm in a rude,
angry, or threatening manner, or who, in any manner, unlawfully uses
any loaded firearm in any fight or quarrel upon the grounds of any
day care center, as defined in Section 1596.76 of the Health and
Safety Code, or any facility where programs, including day care
programs or recreational programs, are being conducted for persons
under 18 years of age, including programs conducted by a nonprofit
organization, during the hours in which the center or facility is
open for use, shall be punished by imprisonment in the state prison
for 16 months, or two or three years, or by imprisonment in a county
jail for not less than three months, nor more than one year.
(c) Every person who, in the immediate presence of a peace
officer, draws or exhibits any firearm, whether loaded or unloaded,
in a rude, angry, or threatening manner, and who knows, or reasonably
should know, by the officer's uniformed appearance or other action
of identification by the officer, that he or she is a peace officer
engaged in the performance of his or her duties, and that peace
officer is engaged in the performance of his or her duties, shall be
punished by imprisonment in a county jail for not less than nine
months and not to exceed one year, or in the state prison.
(d) Except where a different penalty applies, every person who
violates this section when the other person is in the process of
cleaning up graffiti or vandalism is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than three
months nor more than one year.
(e) As used in this section, "peace officer" means any person
designated as a peace officer pursuant to Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2.
(f) As used in this section, "public place" means any of the
following:
(1) A public place in an incorporated city.
(2) A public street in an incorporated city.
(3) A public street in an unincorporated area.
417.25. (a) Every person who, except in self-defense, aims or
points a laser scope, as defined in subdivision (b), or a laser
pointer, as defined in subdivision (c), at another person in a
threatening manner with the specific intent to cause a reasonable
person fear of bodily harm is guilty of a misdemeanor, punishable by
imprisonment in a county jail for up to 30 days. For purposes of
this section, the laser scope need not be attached to a firearm.
(b) As used in this section, "laser scope" means a portable
battery-powered device capable of being attached to a firearm and
capable of projecting a laser light on objects at a distance.
(c) As used in this section, "laser pointer" means any hand held
laser beam device or demonstration laser product that emits a single
point of light amplified by the stimulated emission of radiation that
is visible to the human eye.
417.26. (a) Any person who aims or points a laser scope as defined
in subdivision (b) of Section 417.25, or a laser pointer, as defined
in subdivision (c) of that section, at a peace officer with the
specific intent to cause the officer apprehension or fear of bodily
harm and who knows or reasonably should know that the person at whom
he or she is aiming or pointing is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail for a term
not exceeding six months.
(b) Any person who commits a second or subsequent violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year.
417.27. (a) No person, corporation, firm, or business entity of any
kind shall knowingly sell a laser pointer to a person 17 years of
age or younger, unless he or she is accompanied and supervised by a
parent, legal guardian, or any other adult 18 years of age or older.
(b) No student shall possess a laser pointer on any elementary or
secondary school premises unless possession of a laser pointer on the
elementary or secondary school premises is for a valid instructional
or other school-related purpose, including employment.
(c) No person shall direct the beam from a laser pointer directly
or indirectly into the eye or eyes of another person or into a moving
vehicle with the intent to harass or annoy the other person or the
occupants of the moving vehicle.
(d) No person shall direct the beam from a laser pointer directly
or indirectly into the eye or eyes of a guide dog, signal dog,
service dog, or dog being used by a peace officer with the intent to
harass or annoy the animal.
(e) A violation of subdivision (a), (b), (c), or (d) shall be an
infraction that is punished by either a fine of fifty dollars ($50)
or four hours of community service, and a second or subsequent
violation of any of these subdivisions shall be an infraction that is
punished by either a fine of one hundred dollars ($100) or eight
hours of community service.
(f) As used in this section, "laser pointer" has the same meaning
as set forth in subdivision (c) of Section 417.25.
(g) As used in this section, "guide dog," "signal dog," and
"service dog," respectively, have the same meaning as set forth in
subdivisions (d), (e), and (f) of Section 365.5.
417.3. Every person who, except in self-defense, in the presence of
any other person who is an occupant of a motor vehicle proceeding on
a public street or highway, draws or exhibits any firearm, whether
loaded or unloaded, in a threatening manner against another person in
such a way as to cause a reasonable person apprehension or fear of
bodily harm is guilty of a felony punishable by imprisonment in the
state prison for 16 months or two or three years or by imprisonment
for 16 months or two or three years and a three thousand dollar
($3,000) fine.
Nothing in this section shall preclude or prohibit prosecution
under any other statute.
417.4. Every person who, except in self-defense, draws or exhibits
an imitation firearm, as defined in Section 12550, in a threatening
manner against another in such a way as to cause a reasonable person
apprehension or fear of bodily harm is guilty of a misdemeanor
punishable by imprisonment in a county jail for a term of not less
than 30 days.
417.6. (a) If, in the commission of a violation of Section 417 or
417.8, serious bodily injury is intentionally inflicted by the person
drawing or exhibiting the firearm or deadly weapon, the offense
shall be punished by imprisonment in the county jail not exceeding
one year or by imprisonment in the state prison.
(b) As used in this section, "serious bodily injury" means a
serious impairment of physical condition, including, but not limited
to, the following: loss of consciousness; concussion; bone fracture;
protracted loss or impairment of function of any bodily member or
organ; a wound requiring extensive suturing; and serious
disfigurement.
(c) When a person is convicted of a violation of Section 417 or
417.8 and the deadly weapon or firearm used by the person is owned by
that person, the court shall order that the weapon or firearm be
deemed a nuisance and disposed of in the manner provided by Section
12028.
417.8. Every person who draws or exhibits any firearm, whether
loaded or unloaded, or other deadly weapon, with the intent to resist
or prevent the arrest or detention of himself or another by a peace
officer shall be imprisoned in the state prison for two, three, or
four years.
418. Every person using or procuring, encouraging or assisting
another to use, any force or violence in entering upon or detaining
any lands or other possessions of another, except in the cases and in
the manner allowed by law, is guilty of a misdemeanor.
419. Every person who has been removed from any lands by process of
law, or who has removed from any lands pursuant to the lawful
adjudication or direction of any Court, tribunal, or officer, and who
afterwards unlawfully returns to settle, reside upon, or take
possession of such lands, is guilty of a misdemeanor.
420. Every person who unlawfully prevents, hinders, or obstructs
any person from peaceably entering upon or establishing a settlement
or residence on any tract of public land of the United States within
the State of California, subject to settlement or entry under any of
the public land laws of the United States; or who unlawfully hinders,
prevents, or obstructs free passage over or through the public lands
of the United States within the State of California, for the purpose
of entry, settlement, or residence, as aforesaid, is guilty of a
misdemeanor.
420.1. Anyone who willfully and knowingly prevents, hinders, or
obstructs any person from entering, passing over, or leaving land in
which that person enjoys, either personally or as an agent, guest,
licensee, successor-in-interest, or contractor, a right to enter,
use, cross, or inspect the property pursuant to an easement,
covenant, license, profit, or other interest in the land, is guilty
of an infraction punishable by a fine not to exceed five hundred
dollars ($500), provided that the interest to be exercised has been
duly recorded with the county recorder's office. This section shall
not apply to the following persons: (1) any person engaged in lawful
labor union activities that are permitted to be carried out by state
or federal law; or (2) any person who is engaging in activities
protected by the California Constitution or the United States
Constitution.[/align]
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Criminal threats
[align=left]
422. Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
For the purposes of this section, "immediate family" means any
spouse, whether by marriage or not, parent, child, any person related
by consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
"Electronic communication device" includes, but is not limited to,
telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.
422.1. Every person who is convicted of a felony violation of
Section 148.1 or 11418.1, under circumstances in which the defendant
knew the underlying report was false, in addition to being ordered to
comply with all other applicable restitution requirements and fine
and fee provisions, shall also be ordered to pay full restitution to
each of the following:
(a) Any person, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency or instrumentality, or any other legal or
commercial entity for any personnel, equipment, material, or clean up
costs, and for any property damage, caused by the violation
directly, or stemming from any emergency response to the violation or
its aftermath.
(b) Any public or private entity incurring any costs for actual
emergency response, for all costs of that response and for any clean
up costs, including any overtime paid to uninvolved personnel made
necessary by the allocation of resources to the emergency response
and clean up.
(c) Restitution for the costs of response by a government entity
under this section shall be determined in a hearing separate from the
determination of guilt. The court shall order restitution in an
amount no greater than the reasonable costs of the response. The
burden shall be on the people to prove the reasonable costs of the
response.
(d) In determining the restitution for the costs of response by a
government entity, the court shall consider the amount of restitution
to be paid to the direct victim, as defined in subdivision (k) of
Section 1202.4.
422.4. (a) Any person who publishes information describing or
depicting an academic researcher or his or her immediate family
member, or the location or locations where an academic researcher or
an immediate family member of an academic researcher may be found,
with the intent that another person imminently use the information to
commit a crime involving violence or a threat of violence against an
academic researcher or his or her immediate family member, and the
information is likely to produce the imminent commission of such a
crime, is guilty of a misdemeanor, punishable by imprisonment in a
county jail for not more than one year, a fine of not more than one
thousand dollars ($1,000), or by both a fine and imprisonment.
(b) For the purposes of this section, all of the following apply:
(1) "Publishes" means making the information available to another
person through any medium, including, but not limited to, the
Internet, the World Wide Web, or e-mail.
(2) "Academic researcher" has the same meaning as in Section
602.12.
(3) "Immediate family" means any spouse, whether by marriage or
not, domestic partner, parent, child, any person related by
consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
(4) "Information" includes, but is not limited to, an image,
film, filmstrip, photograph, negative, slide, photocopy, videotape,
video laser disc, or any other computer-generated image.
(c) Any academic researcher about whom information is published in
violation of subdivision (a) may seek a preliminary injunction
enjoining any further publication of that information. This
subdivision shall not apply to a person or entity protected pursuant
to Section 1070 of the Evidence Code.
(d) This section shall not apply to any person who is lawfully
engaged in labor union activities that are protected under state or
federal law.
(e) This section shall not preclude prosecution under any other
provision of law.[/align]
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Civil rights
[align=left]
DEFINITIONS
422.55. For purposes of this title, and for purposes of all other
state law unless an explicit provision of law or the context clearly
requires a different meaning, the following shall apply:
(a) "Hate crime" means a criminal act committed, in whole or in
part, because of one or more of the following actual or perceived
characteristics of the victim:
(1) Disability.
(2) Gender.
(3) Nationality.
(4) Race or ethnicity.
(5) Religion.
(6) ***ual orientation.
(7) Association with a person or group with one or more of these
actual or perceived characteristics.
(b) "Hate crime" includes, but is not limited to, a violation of
Section 422.6.
422.56. For purposes of this title, the following definitions shall
apply:
(a) "Association with a person or group with these actual or
perceived characteristics" includes advocacy for, identification
with, or being on the ground owned or rented by, or adjacent to, any
of the following: a community center, educational facility, family,
individual, office, meeting hall, place of worship, private
institution, public agency, library, or other entity, group, or
person that has, or is identified with people who have, one or more
of those characteristics listed in the definition of "hate crime"
under paragraphs 1 to 6, inclusive, of subdivision (a) of Section
422.55.
(b) "Disability" includes mental disability and physical
disability as defined in Section 12926 of the Government Code.
(c) "Gender" means ***, and includes a person's gender identity
and gender related appearance and behavior whether or not
stereotypically associated with the person's assigned *** at birth.
(d) "In whole or in part because of" means that the bias
motivation must be a cause in fact of the offense, whether or not
other causes also exist. When multiple concurrent motives exist, the
prohibited bias must be a substantial factor in bringing about the
particular result. There is no requirement that the bias be a main
factor, or that the crime would not have been committed but for the
actual or perceived characteristic. This subdivision does not
constitute a change in, but is declaratory of, existing law under In
re M.S.(1995) 10 Cal. 4th 698 and People v. Superior Court (Aishman)
(1995) 10 Cal. 4th 735.
(e) "Nationality" includes citizenship, country of origin, and
national origin.
(f) "Race or ethnicity" includes ancestry, color, and ethnic
background.
(g) "Religion" includes all aspects of religious belief,
observance, and practice and includes agnosticism and atheism.
(h) "***ual orientation" means hetero***uality, homo***uality, or
bi***uality.
(i) "Victim" includes, but is not limited to, a community center,
educational facility, entity, family, group, individual, office,
meeting hall, person, place of worship, private institution, public
agency, library, or other victim or intended victim of the offense.
422.57. For purposes this code, unless an explicit provision of law
or the context clearly requires a different meaning, "gender" has
the same meaning as in Section 422.56.
[/align]
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Crimes and penalties
[align=left]
422.6. (a) No person, whether or not acting under color of law,
shall by force or threat of force, willfully injure, intimidate,
interfere with, oppress, or threaten any other person in the free
exercise or enjoyment of any right or privilege secured to him or her
by the Constitution or laws of this state or by the Constitution or
laws of the United States in whole or in part because of one or more
of the actual or perceived characteristics of the victim listed in
subdivision (a) of Section 422.55.
(b) No person, whether or not acting under color of law, shall
knowingly deface, damage, or destroy the real or personal property of
any other person for the purpose of intimidating or interfering with
the free exercise or enjoyment of any right or privilege secured to
the other person by the Constitution or laws of this state or by the
Constitution or laws of the United States, in whole or in part
because of one or more of the actual or perceived characteristics of
the victim listed in subdivision (a) of Section 422.55.
(c) Any person convicted of violating subdivision (a) or (b) shall
be punished by imprisonment in a county jail not to exceed one year,
or by a fine not to exceed five thousand dollars ($5,000), or by
both the above imprisonment and fine, and the court shall order the
defendant to perform a minimum of community service, not to exceed
400 hours, to be performed over a period not to exceed 350 days,
during a time other than his or her hours of employment or school
attendance. However, no person may be convicted of violating
subdivision (a) based upon speech alone, except upon a showing that
the speech itself threatened violence against a specific person or
group of persons and that the defendant had the apparent ability to
carry out the threat.
(d) Conduct that violates this and any other provision of law,
including, but not limited to, an offense described in Article 4.5
(commencing with Section 11410) of Chapter 3 of Title 1 of Part 4,
may be charged under all applicable provisions. However, an act or
omission punishable in different ways by this section and other
provisions of law shall not be punished under more than one
provision, and the penalty to be imposed shall be determined as set
forth in Section 654.
422.7. Except in the case of a person punished under Section 422.6,
any hate crime that is not made punishable by imprisonment in the
state prison shall be punishable by imprisonment in the state prison
or in a county jail not to exceed one year, by a fine not to exceed
ten thousand dollars ($10,000), or by both that imprisonment and
fine, if the crime is committed against the person or property of
another for the purpose of intimidating or interfering with that
other person's free exercise or enjoyment of any right secured to him
or her by the Constitution or laws of this state or by the
Constitution or laws of the United States under any of the following
circumstances, which shall be charged in the accusatory pleading:
(a) The crime against the person of another either includes the
present ability to commit a violent injury or causes actual physical
injury.
(b) The crime against property causes damage in excess of four
hundred dollars ($400).
(c) The person charged with a crime under this section has been
convicted previously of a violation of subdivision (a) or (b) of
Section 422.6, or has been convicted previously of a conspiracy to
commit a crime described in subdivision (a) or (b) of Section 422.6.
422.75. (a) Except in the case of a person punished under Section
422.7, a person who commits a felony that is a hate crime or attempts
to commit a felony that is a hate crime, shall receive an additional
term of one, two, or three years in the state prison, at the court's
discretion.
(b) Except in the case of a person punished under Section 422.7 or
subdivision (a) of this section, any person who commits a felony
that is a hate crime, or attempts to commit a felony that is a hate
crime, and who voluntarily acted in concert with another person,
either personally or by aiding and abetting another person, shall
receive an additional two, three, or four years in the state prison,
at the court's discretion.
(c) For the purpose of imposing an additional term under
subdivision (a) or (b), it shall be a factor in aggravation that the
defendant personally used a firearm in the commission of the offense.
Nothing in this subdivision shall preclude a court from also
imposing a sentence enhancement pursuant to Section 12022.5,
12022.53, or 12022.55, or any other law.
(d) A person who is punished pursuant to this section also shall
receive an additional term of one year in the state prison for each
prior felony conviction on charges brought and tried separately in
which it was found by the trier of fact or admitted by the defendant
that the crime was a hate crime. This additional term shall only
apply where a sentence enhancement is not imposed pursuant to Section
667 or 667.5.
(e) Any additional term authorized by this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted by the defendant or found to be true by the trier of
fact.
(f) Any additional term imposed pursuant to this section shall be
in addition to any other punishment provided by law.
(g) Notwithstanding any other provision of law, the court may
strike any additional term imposed by this section if the court
determines that there are mitigating circumstances and states on the
record the reasons for striking the additional punishment.
422.76. Except where the court imposes additional punishment under
Section 422.75 or in a case in which the person has been convicted of
an offense subject to Section 1170.8, the fact that a person
committed a felony or attempted to commit a felony that is a hate
crime shall be considered a circumstance in aggravation of the crime
in imposing a term under subdivision (b) of Section 1170.
422.77. (a) Any willful and knowing violation of any order issued
pursuant to subdivision (a) or (b) of Section 52.1 of the Civil Code
shall be a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in the county jail for
not more than six months, or by both the fine and imprisonment.
(b) A person who has previously been convicted one or more times
of violating an order issued pursuant to subdivision (a) or (b) of
Section 52.1 of the Civil Code upon charges separately brought and
tried shall be imprisoned in the county jail for not more than one
year. Subject to the discretion of the court, the prosecution shall
have the opportunity to present witnesses and relevant evidence at
the time of the sentencing of a defendant pursuant to this
subdivision.
(c) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders issued pursuant to
Section 52.1 of the Civil Code.
(d) The court may order a defendant who is convicted of a hate
crime to perform a minimum of community service, not to exceed 400
hours, to be performed over a period not to exceed 350 days, during a
time other than his or her hours of employment or school attendance.
422.78. The prosecuting agency of each county shall have the
primary responsibility for the enforcement of orders issued pursuant
to this title or Section 52.1 of the Civil Code.
422.8. Except as otherwise required by law, nothing in this title
shall be construed to prevent or limit the prosecution of any person
pursuant to any provision of law.
422.85. (a) In the case of any person who is convicted of any
offense against the person or property of another individual, private
institution, or public agency, committed because of the victim's
actual or perceived race, color, ethnicity, religion, nationality,
country of origin, ancestry, disability, gender, or ***ual
orientation, including, but not limited to offenses defined in
Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, the court, absent compelling circumstances stated on the
record, shall make an order protecting the victim, or known immediate
family or domestic partner of the victim, from further acts of
violence, threats, stalking, or harassment by the defendant,
including any stay-away conditions the court deems appropriate, and
shall make obedience of that order a condition of the defendant's
probation. In these cases the court may also order that the
defendant be required to do one or more of the following as a
condition of probation:
(1) Complete a class or program on racial or ethnic sensitivity,
or other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
antisocial behavior if that class, program, or training is available
and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
(2) Make payments or other compensation to a community-based
program or local agency that provides services to victims of hate
violence.
(3) Reimburse the victim for reasonable costs of counseling and
other reasonable expenses that the court finds are the direct result
of the defendant's acts.
(b) Any payments or other compensation ordered under this section
shall be in addition to restitution payments required under Section
1203.04, and shall be made only after that restitution is paid in
full.
422.86. (a) It is the public policy of this state that the
principal goals of sentencing for hate crimes, are the following:
(1) Punishment for the hate crimes committed.
(2) Crime and violence prevention, including prevention of
recidivism and prevention of crimes and violence in prisons and
jails.
(3) Restorative justice for the immediate victims of the hate
crimes and for the classes of persons terrorized by the hate crimes.
(b) The Judicial Council shall develop a rule of court guiding
hate crime sentencing to implement the policy in subdivision (a). In
developing the rule of court, the council shall consult experts
including organizations representing hate crime victims.
422.865. (a) In the case of any person who is committed to a state
hospital or other treatment facility under the provisions of Section
1026 for any offense against the person or property of another
individual, private institution, or public agency because of the
victim's actual or perceived race, color, ethnicity, religion,
nationality, country of origin, ancestry, disability, gender, or
***ual orientation, including, but not limited to, offenses defined
in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, and then is either placed on outpatient status or conditional
release from the state hospital or other treatment facility, the
court or community program director may order that the defendant be
required as a condition of outpatient status or conditional release
to complete a class or program on racial or ethnic sensitivity, or
other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
antisocial behavior if that class, program, or training is available
and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
(b) In the case of any person who is committed to a state hospital
or other treatment facility under the provisions of Section 1026 for
any offense against the person or property of another individual,
private institution, or public agency committed because of the victim'
s actual or perceived race, color, ethnicity, religion, nationality,
country of origin, ancestry, disability, gender, or ***ual
orientation, including, but not limited to, offenses defined in
Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, and then is either placed on outpatient status or conditional
release from the state hospital or other treatment facility, the
court, absent compelling circumstances stated on the record, shall
make an order protecting the victim, or known immediate family or
domestic partner of the victim, from further acts of violence,
threats, stalking, or harassment by the defendant, including any
stay-away conditions as the court deems appropriate, and shall make
obedience of that order a condition of the defendant's outpatient
status or conditional release.
(c) It is the intent of the Legislature to encourage state
agencies and treatment facilities to establish education and training
programs to prevent violations of civil rights and hate crimes.[/align]
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General provisions
[align=left]422.88. (a) The court in which a criminal proceeding stemming from
a hate crime or alleged hate crime is filed shall take all actions
reasonably required, including granting restraining orders, to
safeguard the health, safety, or privacy of the alleged victim, or of
a person who is a victim of, or at risk of becoming a victim of, a
hate crime.
(b) Restraining orders issued pursuant to subdivision (a) may
include provisions prohibiting or restricting the photographing of a
person who is a victim of, or at risk of becoming a victim of, a hate
crime when reasonably required to safeguard the health, safety, or
privacy of that person.
422.89. It is the intent of the Legislature to encourage counties,
cities, law enforcement agencies, and school districts to establish
education and training programs to prevent violations of civil rights
and hate crimes and to assist victims.
422.9. All state and local agencies shall use the definition of
"hate crime" set forth in subdivision (a) of Section 422.55
exclusively, except as other explicit provisions of state or federal
law may require otherwise.
422.91. The Department of Corrections and the California Youth
Authority, subject to available funding, shall do each of the
following:
(a) Cooperate fully and participate actively with federal, state,
and local law enforcement agencies and community hate crime
prevention and response networks and other anti-hate groups
concerning hate crimes and gangs.
(b) Strive to provide inmates with safe environments in which they
are not pressured to join gangs or hate groups and do not feel a
need to join them in self-defense.
422.92. (a) Every state and local law enforcement agency in this
state shall make available a brochure on hate crimes to victims of
these crimes and the public.
(b) The Department of Fair Employment and Housing shall provide
existing brochures, making revisions as needed, to local law
enforcement agencies upon request for reproduction and distribution
to victims of hate crimes and other interested parties. In carrying
out these responsibilities, the department shall consult the Fair
Employment and Housing Commission, the Department of Justice, and the
Victim Compensation and Government Claims Board.
422.93. (a) It is the public policy of this state to protect the
public from crime and violence by encouraging all persons who are
victims of or witnesses to crimes, or who otherwise can give evidence
in a criminal investigation, to cooperate with the criminal justice
system and not to penalize these persons for being victims or for
cooperating with the criminal justice system.
(b) Whenever an individual who is a victim of or witness to a hate
crime, or who otherwise can give evidence in a hate crime
investigation, is not charged with or convicted of committing any
crime under state law, a peace officer may not detain the individual
exclusively for any actual or suspected immigration violation or
report or turn the individual over to federal immigration
authorities.
[/align]
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California freedom of access to clinic and church
[align=left]
ENTRANCES ACT
423. This title shall be known and may be cited as the California
Freedom of Access to Clinic and Church Entrances Act, or the
California FACE Act.
423.1. The following definitions apply for the purposes of this
title:
(a) "Crime of violence" means an offense that has as an element
the use, attempted use, or threatened use of physical force against
the person or property of another.
(b) "Interfere with" means to restrict a person's freedom of
movement.
(c) "Intimidate" means to place a person in reasonable
apprehension of bodily harm to herself or himself or to another.
(d) "Nonviolent" means conduct that would not constitute a crime
of violence.
(e) "Physical obstruction" means rendering ingress to or egress
from a reproductive health services facility or to or from a place of
religious worship impassable to another person, or rendering passage
to or from a reproductive health services facility or a place of
religious worship unreasonably difficult or hazardous to another
person.
(f) "Reproductive health services" means reproductive health
services provided in a hospital, clinic, physician's office, or other
facility and includes medical, surgical, counseling, or referral
services relating to the human reproductive system, including
services relating to pregnancy or the termination of a pregnancy.
(g) "Reproductive health services client, provider, or assistant"
means a person or entity that is or was involved in obtaining,
seeking to obtain, providing, seeking to provide, or assisting or
seeking to assist another person, at that other person's request, to
obtain or provide any services in a reproductive health services
facility, or a person or entity that is or was involved in owning or
operating or seeking to own or operate, a reproductive health
services facility.
(h) "Reproductive health services facility" includes a hospital,
clinic, physician's office, or other facility that provides or seeks
to provide reproductive health services and includes the building or
structure in which the facility is located.
423.2. Every person who, except a parent or guardian acting towards
his or her minor child or ward, commits any of the following acts
shall be subject to the punishment specified in Section 423.3.
(a) By force, threat of force, or physical obstruction that is a
crime of violence, intentionally injures, intimidates, interferes
with, or attempts to injure, intimidate, or interfere with, any
person or entity because that person or entity is a reproductive
health services client, provider, or assistant, or in order to
intimidate any person or entity, or any class of persons or entities,
from becoming or remaining a reproductive health services client,
provider, or assistant.
(b) By force, threat of force, or physical obstruction that is a
crime of violence, intentionally injures, intimidates, interferes
with, or attempts to injure, intimidate, or interfere with any person
lawfully exercising or seeking to exercise the First Amendment right
of religious freedom at a place of religious worship.
(c) By nonviolent physical obstruction, intentionally injures,
intimidates, or interferes with, or attempts to injure, intimidate,
or interfere with, any person or entity because that person or entity
is a reproductive health services client, provider, or assistant, or
in order to intimidate any person or entity, or any class of persons
or entities, from becoming or remaining a reproductive health
services client, provider, or assistant.
(d) By nonviolent physical obstruction, intentionally injures,
intimidates, or interferes with, or attempts to injure, intimidate,
or interfere with, any person lawfully exercising or seeking to
exercise the First Amendment right of religious freedom at a place of
religious worship.
(e) Intentionally damages or destroys the property of a person,
entity, or facility, or attempts to do so, because the person,
entity, or facility is a reproductive health services client,
provider, assistant, or facility.
(f) Intentionally damages or destroys the property of a place of
religious worship.
423.3. (a) A first violation of subdivision (c) or (d) of Section
423.2 is a misdemeanor, punishable by imprisonment in a county jail
for a period of not more than six months and a fine not to exceed two
thousand dollars ($2,000).
(b) A second or subsequent violation of subdivision (c) or (d) of
Section 423.2 is a misdemeanor, punishable by imprisonment in a
county jail for a period of not more than six months and a fine not
to exceed five thousand dollars ($5,000).
(c) A first violation of subdivision (a), (b), (e), or (f) of
Section 423.2 is a misdemeanor, punishable by imprisonment in a
county jail for a period of not more than one year and a fine not to
exceed twenty-five thousand dollars ($25,000).
(d) A second or subsequent violation of subdivision (a), (b), (e),
or (f) of Section 423.2 is a misdemeanor, punishable by imprisonment
in a county jail for a period of not more than one year and a fine
not to exceed fifty thousand dollars ($50,000).
(e) In imposing fines pursuant to this section, the court shall
consider applicable factors in aggravation and mitigation set out in
Rules 4.421 and 4.423 of the California Rules of Court, and shall
consider a prior violation of the federal Freedom of Access to Clinic
Entrances Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of
a statute of another jurisdiction that would constitute a violation
of Section 423.2 or of the federal Freedom of Access to Clinic
Entrances Act of 1994, to be a prior violation of Section 423.2.
(f) This title establishes concurrent state jurisdiction over
conduct that is also prohibited by the federal Freedom of Access to
Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), which provides for
more severe misdemeanor penalties for first violations and
felony-misdemeanor penalties for second and subsequent violations.
State law enforcement agencies and prosecutors shall cooperate with
federal authorities in the prevention, apprehension, and prosecution
of these crimes, and shall seek federal prosecutions when
appropriate.
(g) No person shall be convicted under this article for conduct in
violation of Section 423.2 that was done on a particular occasion
where the identical conduct on that occasion was the basis for a
conviction of that person under the federal Freedom of Access to
Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248).
423.4. (a) A person aggrieved by a violation of Section 423.2 may
bring a civil action to enjoin the violation, for compensatory and
punitive damages, and for the costs of suit and reasonable fees for
attorneys and expert witnesses, except that only a reproductive
health services client, provider, or assistant may bring an action
under subdivision (a), (c), or (e) of Section 423.2, and only a
person lawfully exercising or seeking to exercise the First Amendment
right of religious freedom in a place of religious worship, or the
entity that owns or operates a place of religious worship, may bring
an action under subdivision (b), (d), or (f) of Section 423.2. With
respect to compensatory damages, the plaintiff may elect, at any time
prior to the rendering of a final judgment, to recover, in lieu of
actual damages, an award of statutory damages in the amount of one
thousand dollars ($1,000) per exclusively nonviolent violation, and
five thousand dollars ($5,000) per any other violation, for each
violation committed.
(b) The Attorney General, a district attorney, or a city attorney
may bring a civil action to enjoin a violation of Section 423.2, for
compensatory damages to persons aggrieved as described in subdivision
(a) and for the assessment of a civil penalty against each
respondent. The civil penalty shall not exceed two thousand dollars
($2,000) for an exclusively nonviolent first violation, and fifteen
thousand dollars ($15,000) for any other first violation, and shall
not exceed five thousand dollars ($5,000) for an exclusively
nonviolent subsequent violation, and twenty-five thousand dollars
($25,000) for any other subsequent violation. In imposing civil
penalties pursuant to this subdivision, the court shall consider a
prior violation of the federal Freedom of Access to Clinic Entrances
Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of a statute
of another jurisdiction that would constitute a violation of Section
423.2 or the federal Freedom of Access to Clinic Entrances Act of
1994, to be a prior violation of Section 423.2.
(c) No person shall be found liable under this section for conduct
in violation of Section 423.2 done on a particular occasion where
the identical conduct on that occasion was the basis for a finding of
liability by that person under the federal Freedom of Access to
Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248).
423.5. (a) (1) The court in which a criminal or civil proceeding is
filed for a violation of subdivision (a), (c), or (e) of Section
423.2 shall take all action reasonably required, including granting
restraining orders, to safeguard the health, safety, or privacy of
either of the following:
(A) A reproductive health services client, provider, or assistant
who is a party or witness in the proceeding.
(B) A person who is a victim of, or at risk of becoming a victim
of, conduct prohibited by subdivision (a), (c), or (e) of Section
423.2.
(2) The court in which a criminal or civil proceeding is filed for
a violation of subdivision (b), (d), or (f) of Section 423.2 shall
take all action reasonably required, including granting restraining
orders, to safeguard the health, safety, or privacy of either of the
following:
(A) A person lawfully exercising or seeking to exercise the First
Amendment right of religious freedom at a place of religious worship.
(B) An entity that owns or operates a place of religious worship.
(b) Restraining orders issued pursuant to paragraph (1) of
subdivision (a) may include provisions prohibiting or restricting the
photographing of persons described in subparagraphs (A) and (B) of
paragraph (1) of subdivision (a) when reasonably required to
safeguard the health, safety, or privacy of those persons.
Restraining orders issued pursuant to paragraph (2) of subdivision
(a) may include provisions prohibiting or restricting the
photographing of persons described in subparagraphs (A) and (B) of
paragraph (2) of subdivision (a) when reasonably required to
safeguard the health, safety, or privacy of those persons.
(c) A court may, in its discretion, permit an individual described
in subparagraph (A) or (B) of paragraph (1) of subdivision (a) to
use a pseudonym in a civil proceeding described in paragraph (1) of
subdivision (a) when reasonably required to safeguard the health,
safety, or privacy of those persons. A court may, in its discretion,
permit an individual described in subparagraph (A) or (B) of
paragraph (2) of subdivision (a) to use a pseudonym in a civil
proceeding described in paragraph (2) of subdivision (a) when
reasonably required to safeguard the health, safety, or privacy of
those persons.
423.6. This title shall not be construed for any of the following
purposes:
(a) To impair any constitutionally protected activity, or any
activity protected by the laws of California or of the United States
of America.
(b) To provide exclusive civil or criminal remedies or to preempt
or to preclude any county, city, or city and county from passing any
law to provide a remedy for the commission of any of the acts
prohibited by this title or to make any of those acts a crime.
(c) To interfere with the enforcement of any federal, state, or
local laws regulating the performance of abortions or the provision
of other reproductive health services.
(d) To negate, supercede, or otherwise interfere with the
operation of any provision of Chapter 10 (commencing with Section
1138) of Part 3 of Division 2 of the Labor Code.
(e) To create additional civil or criminal remedies or to limit
any existing civil or criminal remedies to redress an activity that
interferes with the exercise of any other rights protected by the
First Amendment to the United States Constitution or of Article I of
the California Constitution.
(f) To preclude prosecution under both this title and any other
provision of law, except as provided in subdivision (g) of Section
423.3.
[/align]
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Of crimes against the revenue and property of this state
[align=left]424. (a) Each officer of this state, or of any county, city, town,
or district of this state, and every other person charged with the
receipt, safekeeping, transfer, or disbursement of public moneys, who
either: 1. Without authority of law, appropriates the same, or
any portion thereof, to his or her own use, or to the use of another;
or, 2. Loans the same or any portion thereof; makes any profit out
of, or uses the same for any purpose not authorized by law; or, 3.
Knowingly keeps any false account, or makes any false entry or
erasure in any account of or relating to the same; or, 4.
Fraudulently alters, falsifies, conceals, destroys, or obliterates
any account; or, 5. Willfully refuses or omits to pay over, on
demand, any public moneys in his or her hands, upon the presentation
of a draft, order, or warrant drawn upon these moneys by competent
authority; or, 6. Willfully omits to transfer the same, when
transfer is required by law; or, 7. Willfully omits or refuses to
pay over to any officer or person authorized by law to receive the
same, any money received by him or her under any duty imposed by law
so to pay over the same;-- Is punishable by imprisonment in the state
prison for two, three, or four years, and is disqualified from
holding any office in this state.
(b) As used in this section, "public moneys" includes the proceeds
derived from the sale of bonds or other evidence or indebtedness
authorized by the legislative body of any city, county, district, or
public agency.
(c) This section does not apply to the incidental and minimal use
of public resources authorized by Section 8314 of the Government
Code.
425. Every officer charged with the receipt, safe keeping, or
disbursement of public moneys, who neglects or fails to keep and pay
over the same in the manner prescribed by law, is guilty of felony.
426. The phrase "public moneys," as used in Sections 424 and 425,
includes all bonds and evidence of indebtedness, and all moneys
belonging to the state, or any city, county, town, district, or
public agency therein, and all moneys, bonds, and evidences of
indebtedness received or held by state, county, district, city, town,
or public agency officers in their official capacity.
428. Every person who willfully obstructs or hinders any public
officer from collecting any revenue, taxes, or other sums of money in
which the people of this State are interested, and which such
officer is by law empowered to collect, is guilty of a misdemeanor.
429. Any provider of telecommunications services in this state that
intentionally fails to collect or remit, as may be required, the
annual fee imposed pursuant to Section 431 of the Public Utilities
Code, the universal telephone service surcharge imposed pursuant to
Section 879 or 879.5 of the Public Utilities Code, the fee for filing
an application for a certificate of public convenience and necessity
as provided in Section 1904 of the Public Utilities Code, or the
surcharge imposed pursuant to subdivision (d) of Section 2881 of the
Public Utilities Code, whether imposed on the provider or measured by
the provider's service charges, is guilty of a misdemeanor.
431. Every person who uses or gives any receipt, except that
prescribed by law, as evidence of the payment of any poll tax, road
tax, or license of any kind, or who receives payment of such tax or
license without delivering the receipt prescribed by law, or who
inserts the name of more than one person therein, is guilty of a
misdemeanor.
432. Every person who has in his possession, with intent to
circulate or sell, any blank licenses or poll tax receipts other than
those furnished by the Controller of State or County Auditor, is
guilty of felony.
436. Every person who acts as an auctioneer in violation of the
laws of this State relating to auctions and auctioneers, is guilty of
a misdemeanor.
439. Every person who in this State procures, or agrees to procure,
any insurance for a resident of this State, from any insurance
company not incorporated under the laws of this State, unless such
company or its agent has filed the bond required by the laws of this
State relating to insurance, is guilty of a misdemeanor.
440. Every officer charged with the collection, receipt, or
disbursement of any portion of the revenue of this State, who, upon
demand, fails or refuses to permit the Controller or Attorney General
to inspect his books, papers, receipts, and records pertaining to
his office, is guilty of a misdemeanor.[/align]
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Of crimes against property
[align=left]
ARSON
450. In this chapter, the following terms have the following
meanings:
(a) "Structure" means any building, or commercial or public tent,
bridge, tunnel, or powerplant.
(b) "Forest land" means any brush covered land, cut-over land,
forest, grasslands, or woods.
(c) "Property" means real property or personal property, other
than a structure or forest land.
(d) "Inhabited" means currently being used for dwelling purposes
whether occupied or not. "Inhabited structure" and "inhabited
property" do not include the real property on which an inhabited
structure or an inhabited property is located.
(e) "Maliciously" imports a wish to vex, defraud, annoy, or injure
another person, or an intent to do a wrongful act, established
either by proof or presumption of law.
(f) "Recklessly" means a person is aware of and consciously
disregards a substantial and unjustifiable risk that his or her act
will set fire to, burn, or cause to burn a structure, forest land, or
property. The risk shall be of such nature and degree that
disregard thereof constitutes a gross deviation from the standard of
conduct that a reasonable person would observe in the situation. A
person who creates such a risk but is unaware thereof solely by
reason of voluntary intoxication also acts recklessly with respect
thereto.
451. A person is guilty of arson when he or she willfully and
maliciously sets fire to or burns or causes to be burned or who aids,
counsels, or procures the burning of, any structure, forest land, or
property.
(a) Arson that causes great bodily injury is a felony punishable
by imprisonment in the state prison for five, seven, or nine years.
(b) Arson that causes an inhabited structure or inhabited property
to burn is a felony punishable by imprisonment in the state prison
for three, five, or eight years.
(c) Arson of a structure or forest land is a felony punishable by
imprisonment in the state prison for two, four, or six years.
(d) Arson of property is a felony punishable by imprisonment in
the state prison for 16 months, two, or three years. For purposes of
this paragraph, arson of property does not include one burning or
causing to be burned his or her own personal property unless there is
an intent to defraud or there is injury to another person or another
person's structure, forest land, or property.
(e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.
451.1. (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 451 shall be punished by a
three-, four-, or five-year enhancement if one or more of the
following circumstances is found to be true:
(1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
(2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
(3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 451. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
(4) The defendant proximately caused multiple structures to burn
in any single violation of Section 451.
(5) The defendant committed arson as described in subdivision (a),
(b), or (c) of Section 451 and the arson was caused by use of a
device designed to accelerate the fire or delay ignition.
(b) The additional term specified in subdivision (a) shall not be
imposed unless the existence of any fact required under this section
shall be alleged in the accusatory pleading and either admitted by
the defendant in open court or found to be true by the trier of fact.
451.5. (a) Any person who willfully, maliciously, deliberately,
with premeditation, and with intent to cause injury to one or more
persons or to cause damage to property under circumstances likely to
produce injury to one or more persons or to cause damage to one or
more structures or inhabited dwellings, sets fire to, burns, or
causes to be burned, or aids, counsels, or procures the burning of
any residence, structure, forest land, or property is guilty of
aggravated arson if one or more of the following aggravating factors
exists:
(1) The defendant has been previously convicted of arson on one or
more occasions within the past 10 years.
(2) (A) The fire caused property damage and other losses in excess
of five million six hundred fifty thousand dollars ($5,650,000).
(B) In calculating the total amount of property damage and other
losses under subparagraph (A), the court shall consider the cost of
fire suppression. It is the intent of the Legislature that this
paragraph be reviewed within five years to consider the effects of
inflation on the dollar amount stated herein. For that reason, this
paragraph shall remain in effect until January 1, 2010, and as of
that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2010, deletes or extends that date.
(3) The fire caused damage to, or the destruction of, five or more
inhabited structures.
(b) Any person who is convicted under subdivision (a) shall be
punished by imprisonment in the state prison for 10 years to life.
(c) Any person who is sentenced under subdivision (b) shall not be
eligible for release on parole until 10 calendar years have elapsed.
452. A person is guilty of unlawfully causing a fire when he
recklessly sets fire to or burns or causes to be burned, any
structure, forest land or property.
(a) Unlawfully causing a fire that causes great bodily injury is a
felony punishable by imprisonment in the state prison for two, four
or six years, or by imprisonment in the county jail for not more than
one year, or by a fine, or by both such imprisonment and fine.
(b) Unlawfully causing a fire that causes an inhabited structure
or inhabited property to burn is a felony punishable by imprisonment
in the state prison for two, three or four years, or by imprisonment
in the county jail for not more than one year, or by a fine, or by
both such imprisonment and fine.
(c) Unlawfully causing a fire of a structure or forest land is a
felony punishable by imprisonment in the state prison for 16 months,
two or three years, or by imprisonment in the county jail for not
more than six months, or by a fine, or by both such imprisonment and
fine.
(d) Unlawfully causing a fire of property is a misdemeanor. For
purposes of this paragraph, unlawfully causing a fire of property
does not include one burning or causing to be burned his own personal
property unless there is injury to another person or to another
person's structure, forest land or property.
(e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.
452.1. (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 452 shall be punished by a
one-, two-, or three-year enhancement for each of the following
circumstances that is found to be true:
(1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
(2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 452.
(3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 452. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 452.
(4) The defendant proximately caused multiple structures to burn
in any single violation of Section 452.
(b) The additional term specified in subdivision (a) of Section
452.1 shall not be imposed unless the existence of any fact required
under this section shall be alleged in the accusatory pleading and
either admitted by the defendant in open court or found to be true by
the trier of fact.
453. (a) Every person who possesses, manufactures, or disposes of
any flammable, or combustible material or substance, or any
incendiary device in an arrangement or preparation, with intent to
willfully and maliciously use this material, substance, or device to
set fire to or burn any structure, forest land, or property, shall be
punished by imprisonment in the state prison, or in a county jail,
not exceeding one year.
(b) For the purposes of this section:
(1) "Disposes of" means to give, give away, loan, offer, offer for
sale, sell, or transfer.
(2) "Incendiary device" means a device that is constructed or
designed to start an incendiary fire by remote, delayed, or instant
means, but no device commercially manufactured primarily for the
purpose of illumination shall be deemed to be an incendiary device
for the purposes of this section.
(3) "Incendiary fire" means a fire that is deliberately ignited
under circumstances in which a person knows that the fire should not
be ignited.
(c) Subdivision (a) does not prohibit the authorized use or
possession of any material, substance or device described therein by
a member of the armed forces of the United States or by firemen,
police officers, peace officers, or law enforcement officers
authorized by the properly constituted authorities; nor does that
subdivision prohibit the use or possession of any material, substance
or device described therein when used solely for scientific research
or educational purposes, or for disposal of brush under permit as
provided for in Section 4494 of the Public Resources Code, or for any
other lawful burning. Subdivision (a) does not prohibit the
manufacture or disposal of an incendiary device for the parties or
purposes described in this subdivision.
454. (a) Every person who violates Section 451 or 452 during and
within an area of any of the following, when proclaimed by the
Governor, shall be punished by imprisonment in the state prison, as
specified in subdivision (b):
(1) A state of insurrection pursuant to Section 143 of the
Military and Veterans Code.
(2) A state of emergency pursuant to Section 8625 of the
Government Code.
(b) Any person who is described in subdivision (a) and who
violates subdivision (a), (b), or (c) of Section 451 shall be
punished by imprisonment in the state prison for five, seven, or nine
years. All other persons who are described in subdivision (a) shall
be punished by imprisonment in the state prison for three, five, or
seven years.
(c) Probation shall not be granted to any person who is convicted
of violating this section, except in unusual cases where the interest
of justice would best be served.
455. Any person who willfully and maliciously attempts to set fire
to or attempts to burn or to aid, counsel or procure the burning of
any structure, forest land or property, or who commits any act
preliminary thereto, or in furtherance thereof, is punishable by
imprisonment in the state prison for 16 months, two or three years.
The placing or distributing of any flammable, explosive or
combustible material or substance, or any device in or about any
structure, forest land or property in an arrangement or preparation
with intent to eventually willfully and maliciously set fire to or
burn same, or to procure the setting fire to or burning of the same
shall, for the purposes of this act constitute an attempt to burn
such structure, forest land or property.
456. (a) Upon conviction for any felony violation of this chapter,
in addition to the penalty prescribed, the court may impose a fine
not to exceed fifty thousand dollars ($50,000) unless a greater
amount is provided by law.
(b) When any person is convicted of a violation of any provision
of this chapter and the reason he committed the violation was for
pecuniary gain, in addition to the penalty prescribed and instead of
the fine provided in subdivision (a), the court may impose a fine of
twice the anticipated or actual gross gain.
457. Upon conviction of any person for a violation of any provision
of this chapter, the court may order that such person, for the
purpose of sentencing, submit to a psychiatric or psychological
examination.
457.1. (a) As used in this section, "arson" means a violation of
Section 451, 451.5, or 453, and attempted arson, which includes, but
is not limited to, a violation of Section 455.
(b) (1) Every person described in paragraph (2), (3), and (4), for
the periods specified therein, shall, while residing in, or if the
person has no residence, while located in California, be required to,
within 14 days of coming into, or changing the person's residence or
location within any city, county, city and county, or campus wherein
the person temporarily resides, or if the person has no residence,
is located:
(A) Register with the chief of police of the city where the person
is residing, or if the person has no residence, where the person is
located.
(B) Register with the sheriff of the county where the person is
residing, or if the person has no residence, where the person is
located in an unincorporated area or city that has no police
department.
(C) In addition to (A) or (B) above, register with the chief of
police of a campus of the University of California, the California
State University, or community college where the person is residing,
or if the person has no residence, where the person is located upon
the campus or any of its facilities.
(2) Any person who, on or after November 30, 1994, is convicted in
any court in this state of arson or attempted arson shall be
required to register, in accordance with the provisions of this
section, for the rest of his or her life.
(3) Any person who, having committed the offense of arson or
attempted arson, and after having been adjudicated a ward of the
juvenile court on or after January 1, 1993, is discharged or paroled
from the Department of the Youth Authority shall be required to
register, in accordance with the provisions of this section, until
that person attains the age of 25 years, or until the person has his
or her records sealed pursuant to Section 781 of the Welfare and
Institutions Code, whichever comes first.
(4) Any person convicted of the offense of arson or attempted
arson on or after January 1, 1985, through November 29, 1994,
inclusive, in any court of this state, shall be required to register,
in accordance with the provisions of this section, for a period of
five years commencing, in the case where the person was confined for
the offense, from the date of their release from confinement, or in
the case where the person was not confined for the offense, from the
date of sentencing or discharge, if that person was ordered by the
court at the time that person was sentenced to register as an arson
offender. The law enforcement agencies shall make registration
information available to the chief fire official of a legally
organized fire department or fire protection district having local
jurisdiction where the person resides.
(c) Any person required to register pursuant to this section who
is discharged or paroled from a jail, prison, school, road camp, or
other penal institution, or from the Department of the Youth
Authority where he or she was confined because of the commission or
attempted commission of arson, shall, prior to the discharge, parole,
or release, be informed of his or her duty to register under this
section by the official in charge of the place of confinement. The
official shall require the person to read and sign the form as may be
required by the Department of Justice, stating that the duty of the
person to register under this section has been explained to him or
her. The official in charge of the place of confinement shall obtain
the address where the person expects to reside upon his or her
discharge, parole, or release and shall report the address to the
Department of Justice. The official in charge of the place of
confinement shall give one copy of the form to the person, and shall,
not later than 45 days prior to the scheduled release of the person,
send one copy to the appropriate law enforcement agency having local
jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; one copy to the prosecuting agency
that prosecuted the person; one copy to the chief fire official of a
legally organized fire department or fire protection district having
local jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; and one copy to the Department of
Justice. The official in charge of the place of confinement shall
retain one copy. All forms shall be transmitted in time so as to be
received by the local law enforcement agency and prosecuting agency
30 days prior to the discharge, parole, or release of the person.
(d) All records relating specifically to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
required to register under this subdivision for offenses adjudicated
by a juvenile court attains the age of 25 years or has his or her
records sealed under the procedures set forth in Section 781 of the
Welfare and Institutions Code, whichever event occurs first. This
subdivision shall not be construed to require the destruction of
other criminal offender or juvenile records relating to the case that
are maintained by the Department of Justice, law enforcement
agencies, the juvenile court, or other agencies and public officials
unless ordered by the court under Section 781 of the Welfare and
Institutions Code.
(e) Any person who is required to register pursuant to this
section who is released on probation or discharged upon payment of a
fine shall, prior to the release or discharge, be informed of his or
her duty to register under this section by the probation department
of the county in which he or she has been convicted, and the
probation officer shall require the person to read and sign the form
as may be required by the Department of Justice, stating that the
duty of the person to register under this section has been explained
to him or her. The probation officer shall obtain the address where
the person expects to reside upon his or her release or discharge and
shall report within three days the address to the Department of
Justice. The probation officer shall give one copy of the form to
the person, and shall send one copy to the appropriate law
enforcement agency having local jurisdiction where the person expects
to reside upon his or her discharge or release, one copy to the
prosecuting agency that prosecuted the person, one copy to the chief
fire official of a legally organized fire department or fire
protection district having local jurisdiction where the person
expects to reside upon his or her discharge or release, and one copy
to the Department of Justice. The probation officer shall also
retain one copy.
(f) The registration shall consist of (1) a statement in writing
signed by the person, giving the information as may be required by
the Department of Justice, and (2) the fingerprints and photograph of
the person. Within three days thereafter, the registering law
enforcement agency shall electronically forward the statement,
fingerprints, and photograph to the Department of Justice.
(g) If any person required to register by this section changes his
or her residence address, he or she shall inform, in writing within
10 days, the law enforcement agency with whom he or she last
registered of his or her new address. The law enforcement agency
shall, within three days after receipt of the information,
electronically forward it to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency having local jurisdiction of the new place
of residence.
(h) Any person required to register under this section who
violates any of the provisions thereof is guilty of a misdemeanor.
Any person who has been convicted of arson or attempted arson and who
is required to register under this section who willfully violates
any of the provisions thereof is guilty of a misdemeanor and shall be
sentenced to serve a term of not less than 90 days nor more than one
year in a county jail. In no event does the court have the power to
absolve a person who willfully violates this section from the
obligation of spending at least 90 days of confinement in a county
jail and of completing probation of at least one year.
(i) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the Board of Prison Terms, the Department of the
Youth Authority, or the court, as the case may be, shall order the
parole or probation of that person revoked.
(j) The statements, photographs, and fingerprints required by this
section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
(k) In any case in which a person who would be required to
register pursuant to this section is to be temporarily sent outside
the institution where he or she is confined on any assignment within
a city or county, including, but not limited to, firefighting or
disaster control, the local law enforcement agency having
jurisdiction over the place or places where that assignment shall
occur shall be notified within a reasonable time prior to removal
from the institution. This subdivision shall not apply to any person
temporarily released under guard from the institution where he or
she is confined.
(l) Nothing in this section shall be construed to conflict with
Section 1203.4 concerning termination of probation and release from
penalties and disabilities of probation.
A person required to register under this section may initiate a
proceeding under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 and, upon obtaining a certificate of
rehabilitation, shall be relieved of any further duty to register
under this section. This certificate shall not relieve the
petitioner of the duty to register under this section for any offense
subject to this section of which he or she is convicted in the
future.
Any person who is required to register under this section due to a
misdemeanor conviction shall be relieved of the requirement to
register if that person is granted relief pursuant to Section 1203.4.
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Burglarious and larcenous instruments and deadly
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WEAPONS
466. Every person having upon him or her in his or her possession a
picklock, crow, keybit, crowbar, screwdriver, vise grip pliers,
water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun,
tubular lock pick, floor-safe door puller, master key, ceramic or
porcelain spark plug chips or pieces, or other instrument or tool
with intent feloniously to break or enter into any building, railroad
car, aircraft, or vessel, trailer coach, or vehicle as defined in
the Vehicle Code, or who shall knowingly make or alter, or shall
attempt to make or alter, any key or other instrument named above so
that the same will fit or open the lock of a building, railroad car,
aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle
Code, without being requested to do so by some person having the
right to open the same, or who shall make, alter, or repair any
instrument or thing, knowing or having reason to believe that it is
intended to be used in committing a misdemeanor or felony, is guilty
of a misdemeanor. Any of the structures mentioned in Section 459
shall be deemed to be a building within the meaning of this section.
466.1. Any person who knowingly and willfully sells or provides a
lock pick, a tension bar, a lock pick gun, a tubular lock pick, or a
floor-safe door puller, to another, whether or not for compensation,
shall obtain the name, address, telephone number, if any, date of
birth, and driver's license number or identification number, if any,
of the person to whom the device is sold or provided. This
information, together with the date the device was sold or provided
and the signature of the person to whom the device was sold or
provided, shall be set forth on a bill of sale or receipt. A copy of
each bill of sale or receipt shall be retained for one year and
shall be open to inspection by any peace officer during business
hours.
Any person who violates any provision of this section is guilty of
a misdemeanor.
466.3. (a) Whoever possesses a key, tool, instrument, explosive, or
device, or a drawing, print, or mold of a key, tool, instrument,
explosive, or device, designed to open, break into, tamper with, or
damage a coin-operated machine as defined in subdivision (b), with
intent to commit a theft from such machine, is punishable by
imprisonment in the county jail for not more than one year, or by
fine of not more than one thousand dollars ($1,000), or by both.
(b) As used in this section, the term "coin-operated machine"
shall include any automatic vending machine or any part thereof,
parking meter, coin telephone, coin laundry machine, coin dry
cleaning machine, amusement machine, music machine, vending machine
dispensing goods or services, or moneychanger.
466.5. (a) Every person who, with the intent to use it in the
commission of an unlawful act, possesses a motor vehicle master key
or a motor vehicle wheel lock master key is guilty of a misdemeanor.
(b) Every person who, with the intent to use it in the commission
of an unlawful act, uses a motor vehicle master key to open a lock or
operate the ignition switch of any motor vehicle or uses a motor
vehicle wheel lock master key to open a wheel lock on any motor
vehicle is guilty of a misdemeanor.
(c) Every person who knowingly manufactures for sale, advertises
for sale, offers for sale, or sells a motor vehicle master key or a
motor vehicle wheel lock master key, except to persons who use such
keys in their lawful occupations or businesses, is guilty of a
misdemeanor.
(d) As used in this section:
(1) "Motor vehicle master key" means a key which will operate all
the locks or ignition switches, or both the locks and ignition
switches, in a given group of motor vehicle locks or motor vehicle
ignition switches, or both motor vehicle locks and motor vehicle
ignition switches, each of which can be operated by a key which will
not operate one or more of the other locks or ignition switches in
such group.
(2) "Motor vehicle wheel lock" means a device attached to a motor
vehicle wheel for theft protection purposes which can be removed only
by a key unit unique to the wheel lock attached to a particular
motor vehicle.
(3) "Motor vehicle wheel lock master key" means a key unit which
will operate all the wheel locks in a given group of motor vehicle
wheel locks, each of which can be operated by a key unit which will
not operate any of the other wheel locks in the group.
466.6. (a) Any person who makes a key capable of operating the
ignition of a motor vehicle or personal property registered under the
Vehicle Code for another by any method other than by the duplication
of an existing key, whether or not for compensation, shall obtain
the name, address, telephone number, if any, date of birth, and
driver's license number or identification number of the person
requesting or purchasing the key; and the registration or
identification number, license number, year, make, model, color, and
vehicle identification number of the vehicle or personal property
registered under the Vehicle Code for which the key is to be made.
Such information, together with the date the key was made and the
signature of the person for whom the key was made, shall be set forth
on a work order. A copy of each such work order shall be retained
for two years, shall include the name and permit number of the
locksmith performing the service, and shall be open to inspection by
any peace officer or by the Bureau of Collection and Investigative
Services during business hours or submitted to the bureau upon
request.
Any person who violates any provision of this subdivision is
guilty of a misdemeanor.
(b) The provisions of this section shall include, but are not
limited to, the making of a key from key codes or impressions.
(c) Nothing contained in this section shall be construed to
prohibit the duplication of any key for a motor vehicle from another
key.
466.7. Every person who, with the intent to use it in the
commission of an unlawful act, possesses a motor vehicle key with
knowledge that such key was made without the consent of either the
registered or legal owner of the motor vehicle or of a person who is
in lawful possession of the motor vehicle, is guilty of a
misdemeanor.
466.8. (a) Any person who knowingly and willfully makes a key
capable of opening any door or other means of entrance to any
residence or commercial establishment for another by any method
involving an onsite inspection of such door or entrance, whether or
not for compensation, shall obtain, together with the date the key
was made, the street address of the residence or commercial
establishment, and the signature of the person for whom the key was
made, on a work order form, the following information regarding the
person requesting or purchasing the key:
(1) Name.
(2) Address.
(3) Telephone number, if any.
(4) Date of birth.
(5) Driver's license number or identification number, if any.
A copy of each such work order shall be retained for two years and
shall be open to inspection by any peace officer or by the Bureau of
Collection and Investigative Services during business hours or
submitted to the bureau upon request.
Any person who violates any provision of this subdivision is
guilty of a misdemeanor.
(b) Nothing contained in this section shall be construed to
prohibit the duplication of any key for a residence or commercial
establishment from another such key.
(c) Locksmiths licensed by the Bureau of Collection and
Investigative Services are subject to the provisions set forth in
Chapter 8.5 (commencing with Section 6980) of Division 3 of the
Business and Professions Code.
(d) The provisions of this section shall include, but are not
limited to, the making of a key from key codes or impressions.
466.9. (a) Every person who possesses a code grabbing device, with
the intent to use it in the commission of an unlawful act, is guilty
of a misdemeanor.
(b) Every person who uses a code grabbing device to disarm the
security alarm system of a motor vehicle, with the intent to use the
device in the commission of an unlawful act, is guilty of a
misdemeanor.
(c) As used in this section, "code grabbing device" means a device
that can receive and record the coded signal sent by the transmitter
of a motor vehicle security alarm system and can play back the
signal to disarm that system.
468. Any person who knowingly buys, sells, receives, disposes of,
conceals, or has in his possession a sniperscope shall be guilty of a
misdemeanor, punishable by a fine not to exceed one thousand
dollars ($1,000) or by imprisonment in the county jail for not more
than one year, or by both such fine and imprisonment.
As used in this section, sniperscope means any attachment, device
or similar contrivance designed for or adaptable to use on a firearm
which, through the use of a projected infrared light source and
electronic telescope, enables the operator thereof to visually
determine and locate the presence of objects during the nighttime.
This section shall not prohibit the authorized use or possession
of such sniperscope by a member of the armed forces of the United
States or by police officers, peace officers, or law enforcement
officers authorized by the properly constituted authorities for the
enforcement of law or ordinances; nor shall this section prohibit the
use or possession of such sniperscope when used solely for
scientific research or educational purposes.
469. Any person who knowingly makes, duplicates, causes to be
duplicated, or uses, or attempts to make, duplicate, cause to be
duplicated, or use, or has in his possession any key to a building or
other area owned, operated, or controlled by the State of
California, any state agency, board, or commission, a county, city,
or any public school or community college district without
authorization from the person in charge of such building or area or
his designated representative and with knowledge of the lack of such
authorization is guilty of a misdemeanor.
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Forgery and counterfeiting
[align=left]
470. (a) Every person who, with the intent to defraud, knowing that
he or she has no authority to do so, signs the name of another
person or of a fictitious person to any of the items listed in
subdivision (d) is guilty of forgery.
(b) Every person who, with the intent to defraud, counterfeits or
forges the seal or handwriting of another is guilty of forgery.
(c) Every person who, with the intent to defraud, alters,
corrupts, or falsifies any record of any will, codicil, conveyance,
or other instrument, the record of which is by law evidence, or any
record of any judgment of a court or the return of any officer to any
process of any court, is guilty of forgery.
(d) Every person who, with the intent to defraud, falsely makes,
alters, forges, or counterfeits, utters, publishes, passes or
attempts or offers to pass, as true and genuine, any of the following
items, knowing the same to be false, altered, forged, or
counterfeited, is guilty of forgery: any check, bond, bank bill, or
note, cashier's check, traveler's check, money order, post note,
draft, any controller's warrant for the payment of money at the
treasury, county order or warrant, or request for the payment of
money, receipt for money or goods, bill of exchange, promissory note,
order, or any assignment of any bond, writing obligatory, or other
contract for money or other property, contract, due bill for payment
of money or property, receipt for money or property, passage ticket,
lottery ticket or share purporting to be issued under the California
State Lottery Act of 1984, trading stamp, power of attorney,
certificate of ownership or other document evidencing ownership of a
vehicle or undocumented vessel, or any certificate of any share,
right, or interest in the stock of any corporation or association, or
the delivery of goods or chattels of any kind, or for the delivery
of any instrument of writing, or acquittance, release or discharge of
any debt, account, suit, action, demand, or any other thing, real or
personal, or any transfer or assurance of money, certificate of
shares of stock, goods, chattels, or other property whatever, or any
letter of attorney, or other power to receive money, or to receive or
transfer certificates of shares of stock or annuities, or to let,
lease, dispose of, alien, or convey any goods, chattels, lands, or
tenements, or other estate, real or personal, or falsifies the
acknowledgment of any notary public, or any notary public who issues
an acknowledgment knowing it to be false; or any matter described in
subdivision (b).
(e) Upon a trial for forging any bill or note purporting to be the
bill or note of an incorporated company or bank, or for passing, or
attempting to pass, or having in possession with intent to pass, any
forged bill or note, it is not necessary to prove the incorporation
of the bank or company by the charter or act of incorporation, but it
may be proved by general reputation; and persons of skill are
competent witnesses to prove that the bill or note is forged or
counterfeited.
470a. Every person who alters, falsifies, forges, duplicates or in
any manner reproduces or counterfeits any driver's license or
identification card issued by a governmental agency with the intent
that such driver's license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.
470b. Every person who displays or causes or permits to be
displayed or has in his possession any driver's license or
identification card of the type enumerated in Section 470a with the
intent that such driver's license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.
471. Every person who, with intent to defraud another, makes,
forges, or alters any entry in any book of records, or any instrument
purporting to be any record or return specified in Section 470, is
guilty of forgery.
471.5. Any person who alters or modifies the medical record of any
person, with fraudulent intent, or who, with fraudulent intent,
creates any false medical record, is guilty of a misdemeanor.
472. Every person who, with intent to defraud another, forges, or
counterfeits the seal of this State, the seal of any public officer
authorized by law, the seal of any Court of record, or the seal of
any corporation, or any other public seal authorized or recognized by
the laws of this State, or of any other State, Government, or
country, or who falsely makes, forges, or counterfeits any impression
purporting to be an impression of any such seal, or who has in his
possession any such counterfeited seal or impression thereof, knowing
it to be counterfeited, and willfully conceals the same, is guilty
of forgery.
473. Forgery is punishable by imprisonment in the state prison, or
by imprisonment in the county jail for not more than one year.
474. Every person who knowingly and willfully sends by telegraph or
telephone to any person a false or forged message, purporting to be
from a telegraph or telephone office, or from any other person, or
who willfully delivers or causes to be delivered to any person any
such message falsely purporting to have been received by telegraph or
telephone, or who furnishes, or conspires to furnish, or causes to
be furnished to any agent, operator, or employee, to be sent by
telegraph or telephone, or to be delivered, any such message, knowing
the same to be false or forged, with the intent to deceive, injure,
or defraud another, is punishable by imprisonment in the state
prison, or in the county jail not exceeding one year, or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.
475. (a) Every person who possesses or receives, with the intent to
pass or facilitate the passage or utterance of any forged, altered,
or counterfeit items, or completed items contained in subdivision (d)
of Section 470 with intent to defraud, knowing the same to be
forged, altered, or counterfeit, is guilty of forgery.
(b) Every person who possesses any blank or unfinished check,
note, bank bill, money order, or traveler's check, whether real or
fictitious, with the intention of completing the same or the
intention of facilitating the completion of the same, in order to
defraud any person, is guilty of forgery.
(c) Every person who possesses any completed check, money order,
traveler's check, warrant or county order, whether real or
fictitious, with the intent to utter or pass or facilitate the
utterance or passage of the same, in order to defraud any person, is
guilty of forgery.
476. Every person who makes, passes, utters, or publishes, with
intent to defraud any other person, or who, with the like intent,
attempts to pass, utter, or publish, or who has in his or her
possession, with like intent to utter, pass, or publish, any
fictitious or altered bill, note, or check, purporting to be the
bill, note, or check, or other instrument in writing for the payment
of money or property of any real or fictitious financial institution
as defined in Section 186.9 is guilty of forgery.
476a. (a) Any person who for himself or as the agent or
representative of another or as an officer of a corporation,
willfully, with intent to defraud, makes or draws or utters or
delivers any check, or draft or order upon any bank or depositary, or
person, or firm, or corporation, for the payment of money, knowing
at the time of such making, drawing, uttering, or delivering that the
maker or drawer or the corporation has not sufficient funds in, or
credit with said bank or depositary, or person, or firm, or
corporation, for the payment of such check, draft, or order and all
other checks, drafts, or orders upon such funds then outstanding, in
full upon its presentation, although no express representation is
made with reference thereto, is punishable by imprisonment in the
county jail for not more than one year, or in the state prison.
(b) However, if the total amount of all such checks, drafts, or
orders that the defendant is charged with and convicted of making,
drawing, or uttering does not exceed two hundred dollars ($200), the
offense is punishable only by imprisonment in the county jail for not
more than one year, except that this subdivision shall not be
applicable if the defendant has previously been convicted of a
violation of Section 470, 475, or 476, or of this section, or of the
crime of petty theft in a case in which defendant's offense was a
violation also of Section 470, 475, or 476 or of this section or if
the defendant has previously been convicted of any offense under the
laws of any other state or of the United States which, if committed
in this state, would have been punishable as a violation of Section
470, 475 or 476 or of this section or if he has been so convicted of
the crime of petty theft in a case in which, if defendant's offense
had been committed in this state, it would have been a violation also
of Section 470, 475, or 476, or of this section.
(c) Where such check, draft, or order is protested, on the ground
of insufficiency of funds or credit, the notice of protest thereof
shall be admissible as proof of presentation, nonpayment and protest
and shall be presumptive evidence of knowledge of insufficiency of
funds or credit with such bank or depositary, or person, or firm, or
corporation.
(d) In any prosecution under this section involving two or more
checks, drafts, or orders, it shall constitute prima facie evidence
of the identity of the drawer of a check, draft, or order if:
(1) At the time of the acceptance of such check, draft or order
from the drawer by the payee there is obtained from the drawer the
following information: name and residence of the drawer, business or
mailing address, either a valid driver's license number or
Department of Motor Vehicles identification card number, and the
drawer's home or work phone number or place of employment. Such
information may be recorded on the check, draft, or order itself or
may be retained on file by the payee and referred to on the check,
draft, or order by identifying number or other similar means; and
(2) The person receiving the check, draft, or order witnesses the
drawer's signature or endorsement, and, as evidence of that, initials
the check, draft, or order at the time of receipt.
(e) The word "credit" as used herein shall be construed to mean an
arrangement or understanding with the bank or depositary or person
or firm or corporation for the payment of such check, draft or order.
(f) If any of the preceding paragraphs, or parts thereof, shall be
found unconstitutional or invalid, the remainder of this section
shall not thereby be invalidated, but shall remain in full force and
effect.
(g) A sheriff's department, police department, or other law
enforcement agency may collect a fee from the defendant for
investigation, collection, and processing of checks referred to their
agency for investigation of alleged violations of this section or
Section 476.
The amount of the fee shall not exceed twenty-five dollars ($25)
for each bad check in addition to the amount of any bank charges
incurred by the victim as a result of the alleged offense. If the
sheriff's department, police department, or other law enforcement
agency collects any fee for bank charges incurred by the victim
pursuant to this section, that fee shall be paid to the victim for
any bank fees the victim may have been assessed. In no event shall
reimbursement of the bank charge to the victim pursuant to this
section exceed ten dollars ($10) per check.
477. Every person who counterfeits any of the species of gold or
silver coin current in this State, or any kind or species of gold
dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or
who sells, passes, or gives in payment such counterfeit coin, dust,
bullion, bars, lumps, pieces, or nuggets, or permits, causes, or
procures the same to be sold, uttered, or passed, with intention to
defraud any person, knowing the same to be counterfeited, is guilty
of counterfeiting.
478. Counterfeiting is punishable by imprisonment in the state
prison for two, three or four years.
479. Every person who has in his possession, or receives for any
other person, any counterfeit gold or silver coin of the species
current in this state, or any counterfeit gold dust, gold or silver
bullion or bars, lumps, pieces or nuggets, with the intention to
sell, utter, put off or pass the same, or permits, causes or procures
the same to be sold, uttered or passed, with intention to defraud
any person, knowing the same to be counterfeit, is punishable by
imprisonment in the state prison for two, three or four years.
480. (a) Every person who makes, or knowingly has in his or her
possession any die, plate, or any apparatus, paper, metal, machine,
or other thing whatever, made use of in counterfeiting coin current
in this state, or in counterfeiting gold dust, gold or silver bars,
bullion, lumps, pieces, or nuggets, or in counterfeiting bank notes
or bills, is punishable by imprisonment in the state prison for two,
three, or four years; and all dies, plates, apparatus, papers,
metals, or machines intended for the purpose aforesaid, must be
destroyed.
(b) (1) If the counterfeiting apparatus or machine used to violate
this section is a computer, computer system, or computer network,
the apparatus or machine shall be disposed of pursuant to Section
502.01.
(2) For the purposes of this section, "computer system" and
"computer network" have the same meaning as that specified in Section
502. The terms "computer, computer system, or computer network"
include any software or data residing on the computer, computer
system, or computer network used in a violation of this section.
481. Every person who counterfeits, forges, or alters any ticket,
check, order, coupon, receipt for fare, or pass, issued by any
railroad or steamship company, or by any lessee or manager thereof,
designed to entitle the holder to ride in the cars or vessels of such
company, or who utters, publishes, or puts into circulation, any
such counterfeit or altered ticket, check, or order, coupon, receipt
for fare, or pass, with intent to defraud any such railroad or
steamship company, or any lessee thereof, or any other person, is
punishable by imprisonment in the state prison, or in the county
jail, not exceeding one year, or by fine not exceeding one thousand
dollars, or by both such imprisonment and fine.
481.1. (a) Every person who counterfeits, forges, or alters any
fare media designed to entitle the holder to a ride on vehicles of a
public transportation system, as defined by Section 99211 of the
Public Utilities Code, or on vehicles operated by entities subsidized
by the Department of Transportation is punishable by imprisonment in
a county jail, not exceeding one year, or in the state prison.
(b) Every person who knowingly possesses any counterfeit, forged,
or altered fare media designed to entitle the holder to a ride on
vehicles of a public transportation system, as defined by Section
99211 of the Public Utilities Code, or on vehicles operated by
entities subsidized by the Department of Transportation, or who
utters, publishes, or puts into circulation any fare media with
intent to defraud is punishable by imprisonment in a county jail not
exceeding one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
482. Every person who, for the purpose of restoring to its original
appearance and nominal value in whole or in part, removes, conceals,
fills up, or obliterates, the cuts, marks, punch-holes, or other
evidence of cancellation, from any ticket, check, order, coupon,
receipt for fare, or pass, issued by any railroad or steamship
company, or any lessee or manager thereof, canceled in whole or in
part, with intent to dispose of by sale or gift, or to circulate the
same, or with intent to defraud the railroad or steamship company, or
lessee thereof, or any other person, or who, with like intent to
defraud, offers for sale, or in payment of fare on the railroad or
vessel of the company, such ticket, check, order, coupon, or pass,
knowing the same to have been so restored, in whole or in part, is
punishable by imprisonment in the county jail not exceeding six
months, or by a fine not exceeding one thousand dollars, or by both
such imprisonment and fine.
483. Except as otherwise provided in Section 26002.5 of the
Government Code and Sections 40180.5 and 99151 of the Public
Utilities Code, any person, firm, corporation, partnership, or
association that shall sell to another any ticket, pass, scrip,
mileage or commutation book, coupon, or other instrument for passage
on a common carrier, for the use of any person not entitled to use
the same according to the terms thereof, or of the book or portion
thereof from which it was detached, shall be guilty of a misdemeanor.
483.5. (a) No deceptive identification document shall be
manufactured, sold, offered for sale, furnished, offered to be
furnished, transported, offered to be transported, or imported or
offered to be imported into this state unless there is diagonally
across the face of the document, in not less than 14-point type and
printed conspicuously on the document in permanent ink, the following
statement:
NOT A GOVERNMENT DOCUMENT
and, also printed conspicuously on the document, the name of the
manufacturer.
(b) No document-making device may be possessed with the intent
that the device will be used to manufacture, alter, or authenticate a
deceptive identification document.
(c) As used in this section, "deceptive identification document"
means any document not issued by a governmental agency of this state,
another state, the federal government, a foreign government, a
political subdivision of a foreign government, an international
government, or an international quasi-governmental organization,
which purports to be, or which might deceive an ordinary reasonable
person into believing that it is, a document issued by such an
agency, including, but not limited to, a driver's license,
identification card, birth certificate, passport, or social security
card.
(d) As used in this section, "document-making device" includes,
but is not limited to, an implement, tool, equipment, impression,
laminate, card, template, computer file, computer disk, electronic
device, hologram, laminate machine or computer hardware or software.
(e) Any person who violates or proposes to violate this section
may be enjoined by any court of competent jurisdiction. Actions for
injunction under this section may be prosecuted by the Attorney
General, any district attorney, or any city attorney prosecuting on
behalf of the people of the State of California under Section 41803.5
of the Government Code in this state in the name of the people of
the State of California upon their own complaint or upon the
complaint of any person.
(f) Any person who violates the provisions of subdivision (a) who
knows or reasonably should know that the deceptive identification
document will be used for fraudulent purposes is guilty of a crime,
and upon conviction therefor, shall be punished by imprisonment in
the county jail not to exceed one year, or by imprisonment in the
state prison. Any person who violates the provisions of subdivision
(b) is guilty of a misdemeanor punishable by imprisonment in a county
jail not exceeding one year, or by a fine not exceeding one thousand
dollars ($1,000), or by both imprisonment and a fine. Any
document-making device may be seized by law enforcement and shall be
forfeited to law enforcement or destroyed by order of the court upon
a finding that the device was intended to be used to manufacture,
alter, or authenticate a deceptive identification document. The court
may make such a finding in the absence of a defendant for whom a
bench warrant has been issued by the court.
[/align]
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Larceny
[align=left]484. (a) Every person who shall feloniously steal, take, carry,
lead, or drive away the personal property of another, or who shall
fraudulently appropriate property which has been entrusted to him or
her, or who shall knowingly and designedly, by any false or
fraudulent representation or pretense, defraud any other person of
money, labor or real or personal property, or who causes or procures
others to report falsely of his or her wealth or mercantile character
and by thus imposing upon any person, obtains credit and thereby
fraudulently gets or obtains possession of money, or property or
obtains the labor or service of another, is guilty of theft. In
determining the value of the property obtained, for the purposes of
this section, the reasonable and fair market value shall be the test,
and in determining the value of services received the contract price
shall be the test. If there be no contract price, the reasonable
and going wage for the service rendered shall govern. For the
purposes of this section, any false or fraudulent representation or
pretense made shall be treated as continuing, so as to cover any
money, property or service received as a result thereof, and the
complaint, information or indictment may charge that the crime was
committed on any date during the particular period in question. The
hiring of any additional employee or employees without advising each
of them of every labor claim due and unpaid and every judgment that
the employer has been unable to meet shall be prima facie evidence of
intent to defraud.
(b) (1) Except as provided in Section 10855 of the Vehicle Code,
where a person has leased or rented the personal property of another
person pursuant to a written contract, and that property has a value
greater than one thousand dollars ($1,000) and is not a commonly used
household item, intent to commit theft by fraud shall be rebuttably
presumed if the person fails to return the personal property to its
owner within 10 days after the owner has made written demand by
certified or registered mail following the expiration of the lease or
rental agreement for return of the property so leased or rented.
(2) Except as provided in Section 10855 of the Vehicle Code, where
a person has leased or rented the personal property of another
person pursuant to a written contract, and where the property has a
value no greater than one thousand dollars ($1,000), or where the
property is a commonly used household item, intent to commit theft by
fraud shall be rebuttably presumed if the person fails to return the
personal property to its owner within 20 days after the owner has
made written demand by certified or registered mail following the
expiration of the lease or rental agreement for return of the
property so leased or rented.
(c) Notwithstanding the provisions of subdivision (b), if one
presents with criminal intent identification which bears a false or
fictitious name or address for the purpose of obtaining the lease or
rental of the personal property of another, the presumption created
herein shall apply upon the failure of the lessee to return the
rental property at the expiration of the lease or rental agreement,
and no written demand for the return of the leased or rented property
shall be required.
(d) The presumptions created by subdivisions (b) and (c) are
presumptions affecting the burden of producing evidence.
(e) Within 30 days after the lease or rental agreement has
expired, the owner shall make written demand for return of the
property so leased or rented. Notice addressed and mailed to the
lessee or renter at the address given at the time of the making of
the lease or rental agreement and to any other known address shall
constitute proper demand. Where the owner fails to make such written
demand the presumption created by subdivision (b) shall not apply.
484.1. (a) Any person who knowingly gives false information or
provides false verification as to the person's true identity or as to
the person's ownership interest in property or the person's
authority to sell property in order to receive money or other
valuable consideration from a pawnbroker or secondhand dealer and who
receives money or other valuable consideration from the pawnbroker
or secondhand dealer is guilty of theft.
(b) Upon conviction of the offense described in subdivision (a),
the court may require, in addition to any sentence or fine imposed,
that the defendant make restitution to the pawnbroker or secondhand
dealer in an amount not exceeding the actual losses sustained
pursuant to the provisions of subdivision (c) of Section 13967 of the
Government Code, as operative on or before September 28, 1994, if
the defendant is denied probation, or Section 1203.04, as operative
on or before August 2, 1995, if the defendant is granted probation or
Section 1202.4.
(c) Upon the setting of a court hearing date for sentencing of any
person convicted under this section, the probation officer, if one
is assigned, shall notify the pawnbroker or secondhand dealer or coin
dealer of the time and place of the hearing.
484b. Any person who receives money for the purpose of obtaining or
paying for services, labor, materials or equipment and willfully
fails to apply such money for such purpose by either willfully
failing to complete the improvements for which funds were provided or
willfully failing to pay for services, labor, materials or equipment
provided incident to such construction, and wrongfully diverts the
funds to a use other than that for which the funds were received,
shall be guilty of a public offense and shall be punishable by a
fine not exceeding ten thousand dollars ($10,000), or by imprisonment
in the state prison, or in the county jail not exceeding one year,
or by both such fine and such imprisonment if the amount diverted is
in excess of one thousand dollars ($1,000). If the amount diverted
is less than one thousand dollars ($1,000), the person shall be
guilty of a misdemeanor.
484c. Any person who submits a false voucher to obtain construction
loan funds and does not use the funds for the purpose for which the
claim was submitted is guilty of embezzlement.
484d. As used in this section and Sections 484e to 484j, inclusive:
(1) "Cardholder" means any person to whom an access card is issued
or any person who has agreed with the card issuer to pay obligations
arising from the issuance of an access card to another person.
(2) "Access card" means any card, plate, code, account number, or
other means of account access that can be used, alone or in
conjunction with another access card, to obtain money, goods,
services, or any other thing of value, or that can be used to
initiate a transfer of funds, other than a transfer originated solely
by a paper instrument.
(3) "Expired access card" means an access card which shows on its
face it has elapsed.
(4) "Card issuer" means any person who issues an access card or
the agent of that person with respect to that card.
(5) "Retailer" means every person who is authorized by an issuer
to furnish money, goods, services, or anything else of value upon
presentation of an access card by a cardholder.
(6) An access card is "incomplete" if part of the matter other
than the signature of the cardholder which an issuer requires to
appear on the access card before it can be used by a cardholder has
not been stamped, embossed, imprinted, or written on it.
(7) "Revoked access card" means an access card which is no longer
authorized for use by the issuer, that authorization having been
suspended or terminated and written notice thereof having been given
to the cardholder.
(8) "Counterfeit access card" means any access card that is
counterfeit, fictitious, altered, or forged, or any false
representation or depiction of an access card or a component thereof.
(9) "Traffic" means to transfer or otherwise dispose of property
to another, or to obtain control of property with intent to transfer
or dispose of it to another.
(10) "Card making equipment" means any equipment, machine, plate,
mechanism, impression, or other device designed, used, or intended to
be used to produce an access card.
484e. (a) Every person who, with intent to defraud, sells,
transfers, or conveys, an access card, without the cardholder's or
issuer's consent, is guilty of grand theft.
(b) Every person, other than the issuer, who within any
consecutive 12-month period, acquires access cards issued in the
names of four or more persons which he or she has reason to know were
taken or retained under circumstances which constitute a violation
of subdivision (a), (c), or (d) is guilty of grand theft.
(c) Every person who, with the intent to defraud, acquires or
retains possession of an access card without the cardholder's or
issuer's consent, with intent to use, sell, or transfer it to a
person other than the cardholder or issuer is guilty of petty theft.
(d) Every person who acquires or retains possession of access card
account information with respect to an access card validly issued to
another person, without the cardholder's or issuer's consent, with
the intent to use it fraudulently, is guilty of grand theft.
484f. (a) Every person who, with the intent to defraud, designs,
makes, alters, or embosses a counterfeit access card or utters or
otherwise attempts to use a counterfeit access card is guilty of
forgery.
(b) A person other than the cardholder or a person authorized by
him or her who, with the intent to defraud, signs the name of another
or of a fictitious person to an access card, sales slip, sales
draft, or instrument for the payment of money which evidences an
access card transaction, is guilty of forgery.
484g. Every person who, with the intent to defraud, (a) uses, for
the purpose of obtaining money, goods, services, or anything else of
value, an access card or access card account information that has
been altered, obtained, or retained in violation of Section 484e or
484f, or an access card which he or she knows is forged, expired, or
revoked, or (b) obtains money, goods, services, or anything else of
value by representing without the consent of the cardholder that he
or she is the holder of an access card and the card has not in fact
been issued, is guilty of theft. If the value of all money, goods,
services, and other things of value obtained in violation of this
section exceeds four hundred dollars ($400) in any consecutive
six-month period, then the same shall constitute grand theft.
484h. Every retailer or other person who, with intent to defraud:
(a) Furnishes money, goods, services or anything else of value
upon presentation of an access card obtained or retained in violation
of Section 484e or an access card which he or she knows is a
counterfeit access card or is forged, expired, or revoked, and who
receives any payment therefor, is guilty of theft. If the payment
received by the retailer or other person for all money, goods,
services, and other things of value furnished in violation of this
section exceeds four hundred dollars ($400) in any consecutive
six-month period, then the same shall constitute grand theft.
(b) Presents for payment a sales slip or other evidence of an
access card transaction, and receives payment therefor, without
furnishing in the transaction money, goods, services, or anything
else of value that is equal in value to the amount of the sales slip
or other evidence of an access card transaction, is guilty of theft.
If the difference between the value of all money, goods, services,
and anything else of value actually furnished and the payment or
payments received by the retailer or other person therefor upon
presentation of a sales slip or other evidence of an access card
transaction exceeds four hundred dollars ($400) in any consecutive
six-month period, then the same shall constitute grand theft.
484i. (a) Every person who possesses an incomplete access card,
with intent to complete it without the consent of the issuer, is
guilty of a misdemeanor.
(b) Every person who, with the intent to defraud, makes, alters,
varies, changes, or modifies access card account information on any
part of an access card, including information encoded in a magnetic
stripe or other medium on the access card not directly readable by
the human eye, or who authorizes or consents to alteration, variance,
change, or modification of access card account information by
another, in a manner that causes transactions initiated by that
access card to be charged or billed to a person other than the
cardholder to whom the access card was issued, is guilty of forgery.
(c) Every person who designs, makes, possesses, or traffics in
card making equipment or incomplete access cards with the intent that
the equipment or cards be used to make counterfeit access cards, is
punishable by imprisonment in a county jail for not more than one
year, or by imprisonment in the state prison.
484j. Any person who publishes the number or code of an existing,
canceled, revoked, expired or nonexistent access card, personal
identification number, computer password, access code, debit card
number, bank account number, or the numbering or coding which is
employed in the issuance of access cards, with the intent that it be
used or with knowledge or reason to believe that it will be used to
avoid the payment of any lawful charge, or with intent to defraud or
aid another in defrauding, is guilty of a misdemeanor. As used in
this section, "publishes" means the communication of information to
any one or more persons, either orally, in person or by telephone,
radio or television, or on a computer network or computer bulletin
board, or in a writing of any kind, including without limitation a
letter or memorandum, circular or handbill, newspaper or magazine
article, or book.
485. One who finds lost property under circumstances which give him
knowledge of or means of inquiry as to the true owner, and who
appropriates such property to his own use, or to the use of another
person not entitled thereto, without first making reasonable and just
efforts to find the owner and to restore the property to him, is
guilty of theft.
486. Theft is divided into two degrees, the first of which is
termed grand theft; the second, petty theft.
487. Grand theft is theft committed in any of the following cases:
(a) When the money, labor, or real or personal property taken is
of a value exceeding four hundred dollars ($400), except as provided
in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding one hundred dollars ($100).
(B) For the purposes of establishing that the value of avocados or
citrus fruit under this paragraph exceeds one hundred dollars
($100), that value may be shown by the presentation of credible
evidence which establishes that on the day of the theft avocados or
citrus fruit of the same variety and weight exceeded one hundred
dollars ($100) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding one
hundred dollars ($100).
(3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates four hundred dollars ($400) or more in any 12
consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
barrow, or pig.
(2) A firearm.
(e) This section shall become operative on January 1, 1997.
487a. (a) Every person who shall feloniously steal, take, transport
or carry the carcass of any bovine, caprine, equine, ovine, or suine
animal or of any mule, jack or jenny, which is the personal property
of another, or who shall fraudulently appropriate such property
which has been entrusted to him, is guilty of grand theft.
(b) Every person who shall feloniously steal, take, transport, or
carry any portion of the carcass of any bovine, caprine, equine,
ovine, or suine animal or of any mule, jack, or jenny, which has been
killed without the consent of the owner thereof, is guilty of grand
theft.
487b. Every person who converts real estate of the value of one
hundred dollars ($100) or more into personal property by severance
from the realty of another, and with felonious intent to do so,
steals, takes, and carries away such property is guilty of grand
theft and is punishable by imprisonment in the state prison.
487c. Every person who converts real estate of the value of less
than one hundred dollars ($100) into personal property by severance
from the realty of another, and with felonious intent to do so
steals, takes, and carries away such property is guilty of petty
theft and is punishable by imprisonment in the county jail for not
more than one year, or by a fine not exceeding one thousand dollars
($1,000), or by both such fine and imprisonment.
487d. Every person who feloniously steals, takes, and carries away,
or attempts to take, steal, and carry from any mining claim, tunnel,
sluice, undercurrent, riffle box, or sulfurate machine, another's
gold dust, amalgam, or quicksilver is guilty of grand theft and is
punishable by imprisonment in the state prison.
487e. Every person who feloniously steals, takes, or carries away a
dog of another which is of a value exceeding four hundred dollars
($400) is guilty of grand theft.
487f. Every person who feloniously steals, takes, or carries away a
dog of another which is of a value not exceeding four hundred
dollars ($400) is guilty of petty theft.
487g. Every person who steals or maliciously takes or carries away
any animal of another for purposes of sale, medical research,
slaughter, or other commercial use, or who knowingly, by any false
representation or pretense, defrauds another person of any animal for
purposes of sale, medical research, slaughter, or other commercial
use is guilty of a public offense punishable by imprisonment in a
county jail not exceeding one year or in the state prison.
487h. (a) Every person who steals, takes, or carries away cargo of
another, when the cargo taken is of a value exceeding four hundred
dollars ($400), except as provided in Sections 487, 487a, and 487d,
is guilty of grand theft.
(b) For the purposes of this section, "cargo" means any goods,
wares, products, or manufactured merchandise that has been loaded
into a trailer, railcar, or cargo container, awaiting or in transit.
(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
488. Theft in other cases is petty theft.
489. Grand theft is punishable as follows:
(a) When the grand theft involves the theft of a firearm, by
imprisonment in the state prison for 16 months, 2, or 3 years.
(b) In all other cases, by imprisonment in a county jail not
exceeding one year or in the state prison.
490. Petty theft is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or both.
490a. Wherever any law or statute of this state refers to or
mentions larceny, embezzlement, or stealing, said law or statute
shall hereafter be read and interpreted as if the word "theft" were
substituted therefor.
490.1. (a) Petty theft, where the value of the money, labor, real
or personal property taken is of a value which does not exceed fifty
dollars ($50), may be charged as a misdemeanor or an infraction, at
the discretion of the prosecutor, provided that the person charged
with the offense has no other theft or theft-related conviction.
(b) Any offense charged as an infraction under this section shall
be subject to the provisions of subdivision (d) of Section 17 and
Sections 19.6 and 19.7.
A violation which is an infraction under this section is
punishable by a fine not exceeding two hundred fifty dollars ($250).
490.5. (a) Upon a first conviction for petty theft involving
merchandise taken from a merchant's premises or a book or other
library materials taken from a library facility, a person shall be
punished by a mandatory fine of not less than fifty dollars ($50) and
not more than one thousand dollars ($1,000) for each such violation;
and may also be punished by imprisonment in the county jail, not
exceeding six months, or both such fine and imprisonment.
(b) When an unemancipated minor's willful conduct would constitute
petty theft involving merchandise taken from a merchant's premises
or a book or other library materials taken from a library facility,
any merchant or library facility who has been injured by that conduct
may bring a civil action against the parent or legal guardian having
control and custody of the minor. For the purposes of those actions
the misconduct of the unemancipated minor shall be imputed to the
parent or legal guardian having control and custody of the minor.
The parent or legal guardian having control or custody of an
unemancipated minor whose conduct violates this subdivision shall be
jointly and severally liable with the minor to a merchant or to a
library facility for damages of not less than fifty dollars ($50) nor
more than five hundred dollars ($500), plus costs. In addition to
the foregoing damages, the parent or legal guardian shall be jointly
and severally liable with the minor to the merchant for the retail
value of the merchandise if it is not recovered in a merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. Recovery of these damages may be
had in addition to, and is not limited by, any other provision of law
which limits the liability of a parent or legal guardian for the
tortious conduct of a minor. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of that
court, or in any other appropriate court; however, total damages,
including the value of the merchandise or book or other library
materials, shall not exceed five hundred dollars ($500) for each
action brought under this section.
The provisions of this subdivision are in addition to other civil
remedies and do not limit merchants or other persons to elect to
pursue other civil remedies, except that the provisions of Section
1714.1 of the Civil Code shall not apply herein.
(c) When an adult or emancipated minor has unlawfully taken
merchandise from a merchant's premises, or a book or other library
materials from a library facility, the adult or emancipated minor
shall be liable to the merchant or library facility for damages of
not less than fifty dollars ($50) nor more than five hundred dollars
($500), plus costs. In addition to the foregoing damages, the adult
or emancipated minor shall be liable to the merchant for the retail
value of the merchandise if it is not recovered in merchantable
condition, or to a library facility for the fair market value of its
book or other library materials. An action for recovery of damages,
pursuant to this subdivision, may be brought in small claims court if
the total damages do not exceed the jurisdictional limit of such
court, or in any other appropriate court. The provisions of this
subdivision are in addition to other civil remedies and do not limit
merchants or other persons to elect to pursue other civil remedies.
(d) In lieu of the fines prescribed by subdivision (a), any person
may be required to perform public services designated by the court,
provided that in no event shall any such person be required to
perform less than the number of hours of such public service
necessary to satisfy the fine assessed by the court as provided by
subdivision (a) at the minimum wage prevailing in the state at the
time of sentencing.
(e) All fines collected under this section shall be collected and
distributed in accordance with Sections 1463 and 1463.1 of the Penal
Code; provided, however, that a county may, by a majority vote of the
members of its board of supervisors, allocate any amount up to, but
not exceeding 50 percent of such fines to the county superintendent
of schools for allocation to local school districts. The fines
allocated shall be administered by the county superintendent of
schools to finance public school programs, which provide counseling
or other educational services designed to discourage shoplifting,
theft, and burglary. Subject to rules and regulations as may be
adopted by the Superintendent of Public Instruction, each county
superintendent of schools shall allocate such funds to school
districts within the county which submit project applications
designed to further the educational purposes of this section. The
costs of administration of this section by each county superintendent
of schools shall be paid from the funds allocated to the county
superintendent of schools.
(f) (1) A merchant may detain a person for a reasonable time for
the purpose of conducting an investigation in a reasonable manner
whenever the merchant has probable cause to believe the person to be
detained is attempting to unlawfully take or has unlawfully taken
merchandise from the merchant's premises.
A theater owner may detain a person for a reasonable time for the
purpose of conducting an investigation in a reasonable manner
whenever the theater owner has probable cause to believe the person
to be detained is attempting to operate a video recording device
within the premises of a motion picture theater without the authority
of the owner of the theater.
A person employed by a library facility may detain a person for a
reasonable time for the purpose of conducting an investigation in a
reasonable manner whenever the person employed by a library facility
has probable cause to believe the person to be detained is attempting
to unlawfully remove or has unlawfully removed books or library
materials from the premises of the library facility.
(2) In making the detention a merchant, theater owner, or a person
employed by a library facility may use a reasonable amount of
nondeadly force necessary to protect himself or herself and to
prevent escape of the person detained or the loss of tangible or
intangible property.
(3) During the period of detention any items which a merchant or
theater owner, or any items which a person employed by a library
facility has probable cause to believe are unlawfully taken from the
premises of the merchant or library facility, or recorded on theater
premises, and which are in plain view may be examined by the
merchant, theater owner, or person employed by a library facility for
the purposes of ascertaining the ownership thereof.
(4) A merchant, theater owner, a person employed by a library
facility, or an agent thereof, having probable cause to believe the
person detained was attempting to unlawfully take or has taken any
item from the premises, or was attempting to operate a video
recording device within the premises of a motion picture theater
without the authority of the owner of the theater, may request the
person detained to voluntarily surrender the item or recording.
Should the person detained refuse to surrender the recording or item
of which there is probable cause to believe has been recorded on or
unlawfully taken from the premises, or attempted to be recorded or
unlawfully taken from the premises, a limited and reasonable search
may be conducted by those authorized to make the detention in order
to recover the item. Only packages, shopping bags, handbags or other
property in the immediate possession of the person detained, but not
including any clothing worn by the person, may be searched pursuant
to this subdivision. Upon surrender or discovery of the item, the
person detained may also be requested, but may not be required, to
provide adequate proof of his or her true identity.
(5) If any person admitted to a theater in which a motion picture
is to be or is being exhibited, refuses or fails to give or surrender
possession or to cease operation of any video recording device that
the person has brought into or attempts to bring into that theater,
then a theater owner shall have the right to refuse admission to that
person or request that the person leave the premises and shall
thereupon offer to refund and, unless that offer is refused, refund
to that person the price paid by that person for admission to that
theater. If the person thereafter refuses to leave the theater or
cease operation of the video recording device, then the person shall
be deemed to be intentionally interfering with and obstructing those
attempting to carry on a lawful business within the meaning of
Section 602.1.
(6) A peace officer who accepts custody of a person arrested for
an offense contained in this section may, subsequent to the arrest,
search the person arrested and his or her immediate possessions for
any item or items alleged to have been taken.
(7) In any civil action brought by any person resulting from a
detention or arrest by a merchant, it shall be a defense to such
action that the merchant detaining or arresting such person had
probable cause to believe that the person had stolen or attempted to
steal merchandise and that the merchant acted reasonably under all
the circumstances.
In any civil action brought by any person resulting from a
detention or arrest by a theater owner or person employed by a
library facility, it shall be a defense to that action that the
theater owner or person employed by a library facility detaining or
arresting that person had probable cause to believe that the person
was attempting to operate a video recording device within the
premises of a motion picture theater without the authority of the
owner of the theater or had stolen or attempted to steal books or
library materials and that the person employed by a library facility
acted reasonably under all the circumstances.
(g) As used in this section:
(1) "Merchandise" means any personal property, capable of manual
delivery, displayed, held or offered for retail sale by a merchant.
(2) "Merchant" means an owner or operator, and the agent,
consignee, employee, lessee, or officer of an owner or operator, of
any premises used for the retail purchase or sale of any personal
property capable of manual delivery.
(3) "Theater owner" means an owner or operator, and the agent,
employee, consignee, lessee, or officer of an owner or operator, of
any premises used for the exhibition or performance of motion
pictures to the general public.
(4) The terms "book or other library materials" include any book,
plate, picture, photograph, engraving, painting, drawing, map,
newspaper, magazine, pamphlet, broadside, manuscript, document,
letter, public record, microform, sound recording, audiovisual
material in any format, magnetic or other tape, electronic
data-processing record, artifact, or other documentary, written or
printed material regardless of physical form or characteristics, or
any part thereof, belonging to, on loan to, or otherwise in the
custody of a library facility.
(5) The term "library facility" includes any public library; any
library of an educational, historical or eleemosynary institution,
organization or society; any museum; any repository of public
records.
(h) Any library facility shall post at its entrance and exit a
conspicuous sign to read as follows:
"IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS,
STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY
PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING "LIBRARY THEFT"
(PENAL CODE SECTION 490.5)."
490.6. (a) A person employed by an amusement park may detain a
person for a reasonable time for the purpose of conducting an
investigation in a reasonable manner whenever the person employed by
the amusement park has probable cause to believe the person to be
detained is violating lawful amusement park rules.
(b) If any person admitted to an amusement park refuses or fails
to follow lawful amusement park rules, after being so informed, then
an amusement park employee may request that the person either comply
or leave the premises. If the person refuses to leave the premises
or comply with lawful park rules, then the person shall be deemed to
be intentionally interfering with and obstructing those attempting to
carry on a lawful business within the meaning of Section 602.1.
(c) In any civil action brought by any person resulting from a
detention or an arrest by a person employed by an amusement park, it
shall be a defense to that action that the amusement park employee
detaining or arresting the person had probable cause to believe that
the person was not following lawful amusement park rules and that the
amusement park employee acted reasonably under all the
circumstances.
490.7. (a) The Legislature finds that free newspapers provide a key
source of information to the public, in many cases providing an
important alternative to the news and ideas expressed in other local
media sources. The Legislature further finds that the unauthorized
taking of multiple copies of free newspapers, whether done to sell
them to recycling centers, to injure a business competitor, to
deprive others of the opportunity to read them, or for any other
reason, injures the rights of readers, writers, publishers, and
advertisers, and impoverishes the marketplace of ideas in California.
(b) No person shall take more than twenty-five (25) copies of the
current issue of a free or complimentary newspaper if done with the
intent to do one or more of the following:
(1) Recycle the newspapers for cash or other payment.
(2) Sell or barter the newspaper.
(3) Deprive others of the opportunity to read or enjoy the
newspaper.
(4) Harm a business competitor.
(c) This section does not apply to the owner or operator of the
newsrack in which the copies are placed, the owner or operator of the
property on which the newsrack is placed, the publisher, the
printer, the distributor, the deliverer of the newspaper, or to any
advertiser in that issue, or to any other person who has the express
permission to do so from any of these entities.
(d) Any newspaper publisher may provide express permission to take
more than twenty-five (25) copies of the current issue of a free or
complimentary newspaper by indicating on the newsrack or in the
newspaper itself, that people may take a greater number of copies if
they wish.
(e) A first violation of subdivision (b) shall be an infraction
punishable by a fine not exceeding two hundred fifty dollars ($250).
A second or subsequent violation shall be punishable as an infraction
or a misdemeanor. A misdemeanor conviction under this section is
punishable by a fine not exceeding five hundred dollars ($500),
imprisonment of up to 10 days in a county jail, or by both that fine
and imprisonment. The court may order community service in lieu of
the punishment otherwise provided for an infraction or misdemeanor in
the amount of 20 hours for an infraction, and 40 hours for a
misdemeanor. A misdemeanor conviction under this section shall not
constitute a conviction for petty theft.
(f) This section shall not be construed to repeal, modify, or
weaken any existing legal prohibitions against the taking of private
property.
(g) For purposes of this section, an issue is current if no more
than half of the period of time until the distribution of the next
issue has passed.
491. Dogs are personal property, and their value is to be
ascertained in the same manner as the value of other property.
492. If the thing stolen consists of any evidence of debt, or other
written instrument, the amount of money due thereupon, or secured to
be paid thereby, and remaining unsatisfied, or which in any
contingency might be collected thereon, or the value of the property
the title to which is shown thereby, or the sum which might be
recovered in the absence thereof, is the value of the thing stolen.
493. If the thing stolen is any ticket or other paper or writing
entitling or purporting to entitle the holder or proprietor thereof
to a passage upon any railroad or vessel or other public conveyance,
the price at which tickets entitling a person to a like passage are
usually sold by the proprietors of such conveyance is the value of
such ticket, paper, or writing.
494. All the provisions of this Chapter apply where the property
taken is an instrument for the payment of money, evidence of debt,
public security, or passage ticket, completed and ready to be issued
or delivered, although the same has never been issued or delivered by
the makers thereof to any person as a purchaser or owner.
495. The provisions of this Chapter apply where the thing taken is
any fixture or part of the realty, and is severed at the time of the
taking, in the same manner as if the thing had been severed by
another person at some previous time.
496. (a) Every person who buys or receives any property that has
been stolen or that has been obtained in any manner constituting
theft or extortion, knowing the property to be so stolen or obtained,
or who conceals, sells, withholds, or aids in concealing, selling,
or withholding any property from the owner, knowing the property to
be so stolen or obtained, shall be punished by imprisonment in a
state prison, or in a county jail for not more than one year.
However, if the district attorney or the grand jury determines that
this action would be in the interests of justice, the district
attorney or the grand jury, as the case may be, may, if the value of
the property does not exceed four hundred dollars ($400), specify in
the accusatory pleading that the offense shall be a misdemeanor,
punishable only by imprisonment in a county jail not exceeding one
year.
A principal in the actual theft of the property may be convicted
pursuant to this section. However, no person may be convicted both
pursuant to this section and of the theft of the same property.
(b) Every swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every person whose principal
business is dealing in, or collecting, merchandise or personal
property, and every agent, employee, or representative of that
person, who buys or receives any property of a value in excess of
four hundred dollars ($400) that has been stolen or obtained in any
manner constituting theft or extortion, under circumstances that
should cause the person, agent, employee, or representative to make
reasonable inquiry to ascertain that the person from whom the
property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be punished by
imprisonment in a state prison, or in a county jail for not more
than one year.
Every swap meet vendor, as defined in Section 21661 of the
Business and Professions Code, and every person whose principal
business is dealing in, or collecting, merchandise or personal
property, and every agent, employee, or representative of that
person, who buys or receives any property of a value of four hundred
dollars ($400) or less that has been stolen or obtained in any manner
constituting theft or extortion, under circumstances that should
cause the person, agent, employee, or representative to make
reasonable inquiry to ascertain that the person from whom the
property was bought or received had the legal right to sell or
deliver it, without making a reasonable inquiry, shall be guilty of a
misdemeanor.
(c) Any person who has been injured by a violation of subdivision
(a) or (b) may bring an action for three times the amount of actual
damages, if any, sustained by the plaintiff, costs of suit, and
reasonable attorney's fees.
(d) Notwithstanding Section 664, any attempt to commit any act
prohibited by this section, except an offense specified in the
accusatory pleading as a misdemeanor, is punishable by imprisonment
in the state prison, or in a county jail for not more than one year.
496a. (a) Every person who, being a dealer in or collector of junk,
metals or secondhand materials, or the agent, employee, or
representative of such dealer or collector, buys or receives any
wire, cable, copper, lead, solder, mercury, iron or brass which he
knows or reasonably should know is ordinarily used by or ordinarily
belongs to a railroad or other transportation, telephone, telegraph,
gas, water or electric light company or county, city, city and county
or other political subdivision of this state engaged in furnishing
public utility service without using due diligence to ascertain that
the person selling or delivering the same has a legal right to do so,
is guilty of criminally receiving such property, and is punishable,
by imprisonment in a state prison, or in a county jail for not more
than one year, or by a fine of not more than two hundred fifty
dollars ($250), or by both such fine and imprisonment.
(b) Any person buying or receiving material pursuant to
subdivision (a) shall obtain evidence of his identity from the seller
including, but not limited to, such person's full name, signature,
address, driver's license number, vehicle license number, and the
license number of the vehicle delivering the material.
The record of the transaction shall include an appropriate
description of the material purchased and such record shall be
maintained pursuant to Section 21607 of the Business and Professions
Code.
496b. Every person who, being a dealer in or collector of
second-hand books or other literary material, or the agent, employee
or representative of such dealer, or collector, buys or receives any
book, manuscript, map, chart, or other work of literature, belonging
to, and bearing any mark or indicia of ownership by a public or
incorporated library, college or university, without ascertaining by
diligent inquiry that the person selling or delivering the same has a
legal right to do so, is guilty of criminally receiving such
property in the first degree if such property be of the value of more
than fifty dollars, and is punishable by imprisonment in the county
jail for not more than one year, or by a fine of not more than twice
the value of the property received, or by both such fine and
imprisonment; and is guilty of criminally receiving such property in
the second degree if such property be of the value of fifty dollars
or under, and is punishable by imprisonment in the county jail for
not more than one month, or by a fine of not more than twice the
value of the property received, or by both such fine and
imprisonment.
496c. Any person who shall copy, transcribe, photograph or
otherwise make a record or memorandum of the contents of any private
and unpublished paper, book, record, map or file, containing
information relating to the title to real property or containing
information used in the business of examining, certifying or insuring
titles to real property and belonging to any person, firm or
corporation engaged in the business of examining, certifying, or
insuring titles to real property, without the consent of the owner of
such paper, book, record, map or file, and with the intent to use
the same or the contents thereof, or to dispose of the same or the
contents thereof to others for use, in the business of examining,
certifying, or insuring titles to real property, shall be guilty of
theft, and any person who shall induce another to violate the
provisions of this section by giving, offering, or promising to such
another any gift, gratuity, or thing of value or by doing or
promising to do any act beneficial to such another, shall be guilty
of theft; and any person who shall receive or acquire from another
any copy, transcription, photograph or other record or memorandum of
the contents of any private and unpublished paper, book, record, map
or file containing information relating to the title to real property
or containing information used in the business of examining,
certifying or insuring titles to real property, with the knowledge
that the same or the contents thereof has or have been acquired,
prepared or compiled in violation of this section shall be guilty of
theft. The contents of any such private and unpublished paper, book,
record, map or file is hereby defined to be personal property, and
in determining the value thereof for the purposes of this section the
cost of aquiring and compiling the same shall be the test.
496d. (a) Every person who buys or receives any motor vehicle, as
defined in Section 415 of the Vehicle Code, any trailer, as defined
in Section 630 of the Vehicle Code, any special construction
equipment, as defined in Section 565 of the Vehicle Code, or any
vessel, as defined in Section 21 of the Harbors and Navigation Code,
that has been stolen or that has been obtained in any manner
constituting theft or extortion, knowing the property to be stolen or
obtained, or who conceals, sells, withholds, or aids in concealing,
selling, or withholding any motor vehicle, trailer, special
construction equipment, or vessel from the owner, knowing the
property to be so stolen or obtained, shall be punished by
imprisonment in the state prison for 16 months or two or three years
or a fine of not more than ten thousand dollars ($10,000), or both,
or by imprisonment in a county jail not to exceed one year or a fine
of not more than one thousand dollars ($1,000), or both.
(b) For the purposes of this section, the terms "special
construction equipment" and "vessel" are limited to motorized
vehicles and vessels.
496e. Any person who buys or receives, for purposes of salvage, any
part of a fire hydrant or fire department connection, including, but
not limited to, bronze or brass fittings and parts, that has been
stolen or obtained in any manner constituting theft or extortion,
knowing the property to be so stolen or obtained, shall, in addition
to any other penalty provided by law, be subject to a criminal fine
of not more than three thousand dollars ($3,000).
497. Every person who, in another state or country steals or
embezzles the property of another, or receives such property knowing
it to have been stolen or embezzled, and brings the same into this
state, may be convicted and punished in the same manner as if such
larceny, or embezzlement, or receiving, had been committed in this
state.
498. (a) The following definitions govern the construction of this
section:
(1) "Person" means any individual, or any partnership, firm,
association, corporation, limited liability company, or other legal
entity.
(2) "Utility" means any electrical, gas, or water corporation as
those terms are defined in the Public Utilities Code, and electrical,
gas, or water systems operated by any political subdivision.
(3) "Customer" means the person in whose name utility service is
provided.
(4) "Utility service" means the provision of electricity, gas,
water, or any other service provided by the utility for compensation.
(5) "Divert" means to change the intended course or path of
electricity, gas, or water without the authorization or consent of
the utility.
(6) "Tamper" means to rearrange, injure, alter, interfere with, or
otherwise prevent from performing a normal or customary function.
(7) "Reconnection" means the reconnection of utility service by a
customer or other person after service has been lawfully disconnected
by the utility.
(b) Any person who, with intent to obtain for himself or herself
utility services without paying the full lawful charge therefor, or
with intent to enable another person to do so, or with intent to
deprive any utility of any part of the full lawful charge for utility
services it provides, commits, authorizes, solicits, aids, or abets
any of the following shall be guilty of a misdemeanor:
(1) Diverts or causes to be diverted utility services, by any
means whatsoever.
(2) Prevents any utility meter, or other device used in
determining the charge for utility services, from accurately
performing its measuring function by tampering or by any other means.
(3) Tampers with any property owned by or used by the utility to
provide utility services.
(4) Makes or causes to be made any connection with or reconnection
with property owned or used by the utility to provide utility
services without the authorization or consent of the utility.
(5) Uses or receives the direct benefit of all or a portion of
utility services with knowledge or reason to believe that the
diversion, tampering, or unauthorized connection existed at the time
of that use, or that the use or receipt was otherwise without the
authorization or consent of the utility.
(c) In any prosecution under this section, the presence of any of
the following objects, circumstances, or conditions on premises
controlled by the customer or by the person using or receiving the
direct benefit of all or a portion of utility services obtained in
violation of this section shall permit an inference that the customer
or person intended to and did violate this section:
(1) Any instrument, apparatus, or device primarily designed to be
used to obtain utility services without paying the full lawful charge
therefor.
(2) Any meter that has been altered, tampered with, or bypassed so
as to cause no measurement or inaccurate measurement of utility
services.
(d) If the value of all utility services obtained in violation of
this section totals more than four hundred dollars ($400) or if the
defendant has previously been convicted of an offense under this
section or any former section which would be an offense under this
section, or of an offense under the laws of another state or of the
United States which would have been an offense under this section if
committed in this state, then the violation is punishable by
imprisonment in the county jail for not more than one year, or in the
state prison.
(e) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state.
499. (a) Any person who, having been convicted of a previous
violation of Section 10851 of the Vehicle Code, or of subdivision (d)
of Section 487, involving a vehicle or vessel, and having served a
term therefor in any penal institution or having been imprisoned
therein as a condition of probation for the offense, is subsequently
convicted of a violation of Section 499b, involving a vehicle or
vessel, is punishable for the subsequent offense by imprisonment in
the county jail not exceeding one year or the state prison for 16
months, two, or three years.
(b) Any person convicted of a violation of Section 499b, who has
been previously convicted under charges separately brought and tried
two or more times of a violation of Section 499b, all such violations
involving a vehicle or vessel, and who has been imprisoned therefore
as a condition of probation or otherwise at least once, is
punishable by imprisonment in the county jail for not more than one
year or in the state prison for 16 months, two, or three years.
(c) This section shall become operative on January 1, 1997.
499b. (a) Any person who shall, without the permission of the owner
thereof, take any bicycle for the purpose of temporarily using or
operating the same, is guilty of a misdemeanor, and shall be
punishable by a fine not exceeding four hundred dollars ($400), or by
imprisonment in a county jail not exceeding three months, or by both
that fine and imprisonment.
(b) Any person who shall, without the permission of the owner
thereof, take any vessel for the purpose of temporarily using or
operating the same, is guilty of a misdemeanor, and shall be
punishable by a fine not exceeding one thousand dollars ($1,000), or
by imprisonment in a county jail not exceeding one year, or by both
that fine and imprisonment.
499c. (a) As used in this section:
(1) "Access" means to approach, a way or means of approaching,
nearing, admittance to, including to instruct, communicate with,
store information in, or retrieve information from a computer system
or computer network.
(2) "Article" means any object, material, device, or substance or
copy thereof, including any writing, record, recording, drawing,
sample, specimen, prototype, model, photograph, micro-organism,
blueprint, map, or tangible representation of a computer program or
information, including both human and computer readable information
and information while in transit.
(3) "Benefit" means gain or advantage, or anything regarded by the
beneficiary as gain or advantage, including benefit to any other
person or entity in whose welfare he or she is interested.
(4) "Computer system" means a machine or collection of machines,
one or more of which contain computer programs and information, that
performs functions, including, but not limited to, logic, arithmetic,
information storage and retrieval, communications, and control.
(5) "Computer network" means an interconnection of two or more
computer systems.
(6) "Computer program" means an ordered set of instructions or
statements, and related information that, when automatically executed
in actual or modified form in a computer system, causes it to
perform specified functions.
(7) "Copy" means any facsimile, replica, photograph or other
reproduction of an article, and any note, drawing or sketch made of
or from an article.
(8) "Representing" means describing, depicting, containing,
constituting, reflecting or recording.
(9) "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or process,
that:
(A) Derives independent economic value, actual or potential, from
not being generally known to the public or to other persons who can
obtain economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.
(b) Every person is guilty of theft who, with intent to deprive or
withhold the control of a trade secret from its owner, or with an
intent to appropriate a trade secret to his or her own use or to the
use of another, does any of the following:
(1) Steals, takes, carries away, or uses without authorization, a
trade secret.
(2) Fraudulently appropriates any article representing a trade
secret entrusted to him or her.
(3) Having unlawfully obtained access to the article, without
authority makes or causes to be made a copy of any article
representing a trade secret.
(4) Having obtained access to the article through a relationship
of trust and confidence, without authority and in breach of the
obligations created by that relationship, makes or causes to be made,
directly from and in the presence of the article, a copy of any
article representing a trade secret.
(c) Every person who promises, offers or gives, or conspires to
promise or offer to give, to any present or former agent, employee or
servant of another, a benefit as an inducement, bribe or reward for
conveying, delivering or otherwise making available an article
representing a trade secret owned by his or her present or former
principal, employer or master, to any person not authorized by the
owner to receive or acquire the trade secret and every present or
former agent, employee, or servant, who solicits, accepts, receives
or takes a benefit as an inducement, bribe or reward for conveying,
delivering or otherwise making available an article representing a
trade secret owned by his or her present or former principal,
employer or master, to any person not authorized by the owner to
receive or acquire the trade secret, shall be punished by
imprisonment in the state prison, or in a county jail not exceeding
one year, or by a fine not exceeding five thousand dollars ($5,000),
or by both that fine and imprisonment.
(d) In a prosecution for a violation of this section, it shall be
no defense that the person returned or intended to return the
article.
499d. Any person who operates or takes an aircraft not his own,
without the consent of the owner thereof, and with intent to either
permanently or temporarily deprive the owner thereof of his title to
or possession of such vehicle, whether with or without intent to
steal the same, or any person who is a party or accessory to or an
accomplice in any operation or unauthorized taking or stealing is
guilty of a felony, and upon conviction thereof shall be punished by
imprisonment in the state prison, or in the county jail for not more
than one year or by a fine of not more than ten thousand dollars
($10,000) or by both such fine and imprisonment.
500. (a) Any person who receives money for the actual or purported
purpose of transmitting the same or its equivalent to foreign
countries as specified in Section 1800.5 of the Financial Code who
fails to do at least one of the following acts unless otherwise
instructed by the customer is guilty of a misdemeanor or felony as
set forth in subdivision (b):
(1) Forward the money as represented to the customer within 10
days of receipt of the funds.
(2) Give instructions within 10 days of receipt of the customer's
funds, committing equivalent funds to the person designated by the
customer.
(3) Refund to the customer any money not forwarded as represented
within 10 days of the customer's written request for a refund
pursuant to subdivision (a) of Section 1810.5 of the Financial Code.
(b) (1) If the total value of the funds received from the customer
is less than four hundred dollars ($400), the offense set forth in
subdivision (a) is punishable by imprisonment in the county jail not
exceeding one year or by a fine not exceeding one thousand dollars
($1,000), or by both imprisonment and fine.
(2) If the total value of the money received from the customer is
four hundred dollars ($400) or more, or if the total value of all
moneys received by the person from different customers is four
hundred dollars ($400), or more and the receipts were part of a
common scheme or plan, the offense set forth in subdivision (a) is
punishable by imprisonment in the state prison for 16 months, 2, or 3
years, by a fine not exceeding ten thousand dollars ($10,000), or by
both imprisonment and fine.
501. Upon a trial for larceny or embezzlement of money, bank notes,
certificates of stock, or valuable securities, the allegation of the
indictment or information, so far as regards the description of the
property, is sustained, if the offender be proved to have embezzled
or stolen any money, bank notes, certificates of stock, or valuable
security, although the particular species of coin or other money, or
the number, denomination, or kind of bank notes, certificates of
stock, or valuable security, is not proved; and upon a trial for
embezzlement, if the offender is proved to have embezzled any piece
of coin or other money, any bank note, certificate of stock, or
valuable security, although the piece of coin or other money, or bank
note, certificate of stock, or valuable security, may have been
delivered to him or her in order that some part of the value thereof
should be returned to the party delivering the same, and such part
shall have been returned accordingly.
502. (a) It is the intent of the Legislature in enacting this
section to expand the degree of protection afforded to individuals,
businesses, and governmental agencies from tampering, interference,
damage, and unauthorized access to lawfully created computer data and
computer systems. The Legislature finds and declares that the
proliferation of computer technology has resulted in a concomitant
proliferation of computer crime and other forms of unauthorized
access to computers, computer systems, and computer data.
The Legislature further finds and declares that protection of the
integrity of all types and forms of lawfully created computers,
computer systems, and computer data is vital to the protection of the
privacy of individuals as well as to the well-being of financial
institutions, business concerns, governmental agencies, and others
within this state that lawfully utilize those computers, computer
systems, and data.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Access" means to gain entry to, instruct, or communicate with
the logical, arithmetical, or memory function resources of a
computer, computer system, or computer network.
(2) "Computer network" means any system that provides
communications between one or more computer systems and input/output
devices including, but not limited to, display terminals and printers
connected by telecommunication facilities.
(3) "Computer program or software" means a set of instructions or
statements, and related data, that when executed in actual or
modified form, cause a computer, computer system, or computer network
to perform specified functions.
(4) "Computer services" includes, but is not limited to, computer
time, data processing, or storage functions, or other uses of a
computer, computer system, or computer network.
(5) "Computer system" means a device or collection of devices,
including support devices and excluding calculators that are not
programmable and capable of being used in conjunction with external
files, one or more of which contain computer programs, electronic
instructions, input data, and output data, that performs functions
including, but not limited to, logic, arithmetic, data storage and
retrieval, communication, and control.
(6) "Data" means a representation of information, knowledge,
facts, concepts, computer software, computer programs or
instructions. Data may be in any form, in storage media, or as
stored in the memory of the computer or in transit or presented on a
display device.
(7) "Supporting documentation" includes, but is not limited to,
all information, in any form, pertaining to the design, construction,
classification, implementation, use, or modification of a computer,
computer system, computer network, computer program, or computer
software, which information is not generally available to the public
and is necessary for the operation of a computer, computer system,
computer network, computer program, or computer software.
(8) "Injury" means any alteration, deletion, damage, or
destruction of a computer system, computer network, computer program,
or data caused by the access, or the denial of access to legitimate
users of a computer system, network, or program.
(9) "Victim expenditure" means any expenditure reasonably and
necessarily incurred by the owner or lessee to verify that a computer
system, computer network, computer program, or data was or was not
altered, deleted, damaged, or destroyed by the access.
(10) "Computer contaminant" means any set of computer instructions
that are designed to modify, damage, destroy, record, or transmit
information within a computer, computer system, or computer network
without the intent or permission of the owner of the information.
They include, but are not limited to, a group of computer
instructions commonly called viruses or worms, that are
self-replicating or self-propagating and are designed to contaminate
other computer programs or computer data, consume computer resources,
modify, destroy, record, or transmit data, or in some other fashion
usurp the normal operation of the computer, computer system, or
computer network.
(11) "Internet domain name" means a globally unique, hierarchical
reference to an Internet host or service, assigned through
centralized Internet naming authorities, comprising a series of
character strings separated by periods, with the rightmost character
string specifying the top of the hierarchy.
(c) Except as provided in subdivision (h), any person who commits
any of the following acts is guilty of a public offense:
(1) Knowingly accesses and without permission alters, damages,
deletes, destroys, or otherwise uses any data, computer, computer
system, or computer network in order to either (A) devise or execute
any scheme or artifice to defraud, deceive, or extort, or (B)
wrongfully control or obtain money, property, or data.
(2) Knowingly accesses and without permission takes, copies, or
makes use of any data from a computer, computer system, or computer
network, or takes or copies any supporting documentation, whether
existing or residing internal or external to a computer, computer
system, or computer network.
(3) Knowingly and without permission uses or causes to be used
computer services.
(4) Knowingly accesses and without permission adds, alters,
damages, deletes, or destroys any data, computer software, or
computer programs which reside or exist internal or external to a
computer, computer system, or computer network.
(5) Knowingly and without permission disrupts or causes the
disruption of computer services or denies or causes the denial of
computer services to an authorized user of a computer, computer
system, or computer network.
(6) Knowingly and without permission provides or assists in
providing a means of accessing a computer, computer system, or
computer network in violation of this section.
(7) Knowingly and without permission accesses or causes to be
accessed any computer, computer system, or computer network.
(8) Knowingly introduces any computer contaminant into any
computer, computer system, or computer network.
(9) Knowingly and without permission uses the Internet domain name
of another individual, corporation, or entity in connection with the
sending of one or more electronic mail messages, and thereby damages
or causes damage to a computer, computer system, or computer
network.
(d) (1) Any person who violates any of the provisions of paragraph
(1), (2), (4), or (5) of subdivision (c) is punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that
fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(2) Any person who violates paragraph (3) of subdivision (c) is
punishable as follows:
(A) For the first violation that does not result in injury, and
where the value of the computer services used does not exceed four
hundred dollars ($400), by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment.
(B) For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($5,000) or in an injury,
or if the value of the computer services used exceeds four hundred
dollars ($400), or for any second or subsequent violation, by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in
the state prison for 16 months, or two or three years, or by both
that fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(3) Any person who violates paragraph (6) or (7) of subdivision
(c) is punishable as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding one thousand dollars
($1,000).
(B) For any violation that results in a victim expenditure in an
amount not greater than five thousand dollars ($5,000), or for a
second or subsequent violation, by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(C) For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($5,000), by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that
fine and imprisonment, or by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(4) Any person who violates paragraph (8) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, a
misdemeanor punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment.
(B) For any violation that results in injury, or for a second or
subsequent violation, by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding one
year, or in the state prison, or by both that fine and imprisonment.
(5) Any person who violates paragraph (9) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not one thousand dollars.
(B) For any violation that results in injury, or for a second or
subsequent violation, by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment.
(e) (1) In addition to any other civil remedy available, the owner
or lessee of the computer, computer system, computer network,
computer program, or data who suffers damage or loss by reason of a
violation of any of the provisions of subdivision (c) may bring a
civil action against the violator for compensatory damages and
injunctive relief or other equitable relief. Compensatory damages
shall include any expenditure reasonably and necessarily incurred by
the owner or lessee to verify that a computer system, computer
network, computer program, or data was or was not altered, damaged,
or deleted by the access. For the purposes of actions authorized by
this subdivision, the conduct of an unemancipated minor shall be
imputed to the parent or legal guardian having control or custody of
the minor, pursuant to the provisions of Section 1714.1 of the Civil
Code.
(2) In any action brought pursuant to this subdivision the court
may award reasonable attorney's fees.
(3) A community college, state university, or academic institution
accredited in this state is required to include computer-related
crimes as a specific violation of college or university student
conduct policies and regulations that may subject a student to
disciplinary sanctions up to and including dismissal from the
academic institution. This paragraph shall not apply to the
University of California unless the Board of Regents adopts a
resolution to that effect.
(4) In any action brought pursuant to this subdivision for a
willful violation of the provisions of subdivision (c), where it is
proved by clear and convincing evidence that a defendant has been
guilty of oppression, fraud, or malice as defined in subdivision (c)
of Section 3294 of the Civil Code, the court may additionally award
punitive or exemplary damages.
(5) No action may be brought pursuant to this subdivision unless
it is initiated within three years of the date of the act complained
of, or the date of the discovery of the damage, whichever is later.
(f) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state which applies or may apply to any transaction, nor shall it
make illegal any employee labor relations activities that are within
the scope and protection of state or federal labor laws.
(g) Any computer, computer system, computer network, or any
software or data, owned by the defendant, that is used during the
commission of any public offense described in subdivision (c) or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
subdivision (c) shall be subject to forfeiture, as specified in
Section 502.01.
(h) (1) Subdivision (c) does not apply to punish any acts which
are committed by a person within the scope of his or her lawful
employment. For purposes of this section, a person acts within the
scope of his or her employment when he or she performs acts which are
reasonably necessary to the performance of his or her work
assignment.
(2) Paragraph (3) of subdivision (c) does not apply to penalize
any acts committed by a person acting outside of his or her lawful
employment, provided that the employee's activities do not cause an
injury, as defined in paragraph (8) of subdivision (b), to the
employer or another, or provided that the value of supplies or
computer services, as defined in paragraph (4) of subdivision (b),
which are used does not exceed an accumulated total of one hundred
dollars ($100).
(i) No activity exempted from prosecution under paragraph (2) of
subdivision (h) which incidentally violates paragraph (2), (4), or
(7) of subdivision (c) shall be prosecuted under those paragraphs.
(j) For purposes of bringing a civil or a criminal action under
this section, a person who causes, by any means, the access of a
computer, computer system, or computer network in one jurisdiction
from another jurisdiction is deemed to have personally accessed the
computer, computer system, or computer network in each jurisdiction.
(k) In determining the terms and conditions applicable to a person
convicted of a violation of this section the court shall consider
the following:
(1) The court shall consider prohibitions on access to and use of
computers.
(2) Except as otherwise required by law, the court shall consider
alternate sentencing, including community service, if the defendant
shows remorse and recognition of the wrongdoing, and an inclination
not to repeat the offense.
502.01. (a) As used in this section:
(1) "Property subject to forfeiture" means any property of the
defendant that is illegal telecommunications equipment as defined in
subdivision (g) of Section 502.8, or a computer, computer system, or
computer network, and any software or data residing thereon, if the
telecommunications device, computer, computer system, or computer
network was used in committing a violation of, or conspiracy to
commit a violation of, subdivision (b) of Section 272, Section 288,
288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470,
470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or
(d) of Section 484e, subdivision (a) of Section 484f, subdivision (b)
or (c) of Section 484i, subdivision (c) of Section 502, or Section
502.7, 502.8, 529, 529a, or 530.5, 537e, 593d, 593e, or 646.9, or was
used as a repository for the storage of software or data obtained in
violation of those provisions. Forfeiture shall not be available for
any property used solely in the commission of an infraction. If the
defendant is a minor, it also includes property of the parent or
guardian of the defendant.
(2) "Sentencing court" means the court sentencing a person found
guilty of violating or conspiring to commit a violation of
subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2,
311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476,
480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e,
subdivision (d) of Section 484e, subdivision (a) of Section 484f,
subdivision (b) or (c) of Section 484i, subdivision (c) of Section
502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, or
646.9, or, in the case of a minor, found to be a person described in
Section 602 of the Welfare and Institutions Code because of a
violation of those provisions, the juvenile court.
(3) "Interest" means any property interest in the property subject
to forfeiture.
(4) "Security interest" means an interest that is a lien,
mortgage, security interest, or interest under a conditional sales
contract.
(5) "Value" has the following meanings:
(A) When counterfeit items of computer software are manufactured
or possessed for sale, the "value" of those items shall be equivalent
to the retail price or fair market price of the true items that are
counterfeited.
(B) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the "value" of those components of computer software
packages shall be equivalent to the retail price or fair market price
of the number of completed computer software packages that could
have been made from those components.
(b) The sentencing court shall, upon petition by the prosecuting
attorney, at any time following sentencing, or by agreement of all
parties, at the time of sentencing, conduct a hearing to determine
whether any property or property interest is subject to forfeiture
under this section. At the forfeiture hearing, the prosecuting
attorney shall have the burden of establishing, by a preponderance of
the evidence, that the property or property interests are subject to
forfeiture. The prosecuting attorney may retain seized property that
may be subject to forfeiture until the sentencing hearing.
(c) Prior to the commencement of a forfeiture proceeding, the law
enforcement agency seizing the property subject to forfeiture shall
make an investigation as to any person other than the defendant who
may have an interest in it. At least 30 days before the hearing to
determine whether the property should be forfeited, the prosecuting
agency shall send notice of the hearing to any person who may have an
interest in the property that arose before the seizure.
A person claiming an interest in the property shall file a motion
for the redemption of that interest at least 10 days before the
hearing on forfeiture, and shall send a copy of the motion to the
prosecuting agency and to the probation department.
If a motion to redeem an interest has been filed, the sentencing
court shall hold a hearing to identify all persons who possess valid
interests in the property. No person shall hold a valid interest in
the property if, by a preponderance of the evidence, the prosecuting
agency shows that the person knew or should have known that the
property was being used in violation of, or conspiracy to commit a
violation of, subdivision (b) of Section 272, Section 288, 288.2,
311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472,
475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of
Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c)
of Section 484i, subdivision (c) of Section 502, or Section 502.7,
502.8, 529, 529a, 530.5, 537e, 593d, 593e, or 646.9, and that the
person did not take reasonable steps to prevent that use, or if the
interest is a security interest, the person knew or should have known
at the time that the security interest was created that the property
would be used for a violation.
(d) If the sentencing court finds that a person holds a valid
interest in the property, the following provisions shall apply:
(1) The court shall determine the value of the property.
(2) The court shall determine the value of each valid interest in
the property.
(3) If the value of the property is greater than the value of the
interest, the holder of the interest shall be entitled to ownership
of the property upon paying the court the difference between the
value of the property and the value of the valid interest.
If the holder of the interest declines to pay the amount
determined under paragraph (2), the court may order the property sold
and designate the prosecutor or any other agency to sell the
property. The designated agency shall be entitled to seize the
property and the holder of the interest shall forward any
documentation underlying the interest, including any ownership
certificates for that property, to the designated agency. The
designated agency shall sell the property and pay the owner of the
interest the proceeds, up to the value of that interest.
(4) If the value of the property is less than the value of the
interest, the designated agency shall sell the property and pay the
owner of the interest the proceeds, up to the value of that interest.
(e) If the defendant was a minor at the time of the offense, this
subdivision shall apply to property subject to forfeiture that is the
property of the parent or guardian of the minor.
(1) The prosecuting agency shall notify the parent or guardian of
the forfeiture hearing at least 30 days before the date set for the
hearing.
(2) The computer or telecommunications device shall not be subject
to forfeiture if the parent or guardian files a signed statement
with the court at least 10 days before the date set for the hearing
that the minor shall not have access to any computer or
telecommunications device owned by the parent or guardian for two
years after the date on which the minor is sentenced.
(3) If the minor is convicted of a violation of Section 288,
288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a,
472, 476, 480, or subdivision (b) of Section 484e, subdivision (d) of
Section 484e, subdivision (a) of Section 484f, subdivision (b) of
Section 484i, subdivision (c) of Section 502, or Section 502.7,
502.8, 529, 529a, or 530.5, within two years after the date on which
the minor is sentenced, and the violation involves a computer or
telecommunications device owned by the parent or guardian, the
original property subject to forfeiture, and the property involved in
the new offense, shall be subject to forfeiture notwithstanding
paragraph (2).
(4) Notwithstanding paragraph (1), (2), or (3), or any other
provision of this chapter, if a minor's parent or guardian makes full
restitution to the victim of a crime enumerated in this chapter in
an amount or manner determined by the court, the forfeiture
provisions of this chapter do not apply to the property of that
parent or guardian if the property was located in the family's
primary residence during the commission of the crime.
(f) Notwithstanding any other provision of this chapter, the court
may exercise its discretion to deny forfeiture where the court finds
that the convicted defendant, or minor adjudicated to come within
the jurisdiction of the juvenile court, is not likely to use the
property otherwise subject to forfeiture for future illegal acts.
(g) If the defendant is found to have the only valid interest in
the property subject to forfeiture, it shall be distributed as
follows:
(1) First, to the victim, if the victim elects to take the
property as full or partial restitution for injury, victim
expenditures, or compensatory damages, as defined in paragraph (1) of
subdivision (e) of Section 502. If the victim elects to receive the
property under this paragraph, the value of the property shall be
determined by the court and that amount shall be credited against the
restitution owed by the defendant. The victim shall not be penalized
for electing not to accept the forfeited property in lieu of full or
partial restitution.
(2) Second, at the discretion of the court, to one or more of the
following agencies or entities:
(A) The prosecuting agency.
(B) The public entity of which the prosecuting agency is a part.
(C) The public entity whose officers or employees conducted the
investigation resulting in forfeiture.
(D) Other state and local public entities, including school
districts.
(E) Nonprofit charitable organizations.
(h) If the property is to be sold, the court may designate the
prosecuting agency or any other agency to sell the property at
auction. The proceeds of the sale shall be distributed by the court
as follows:
(1) To the bona fide or innocent purchaser or encumbrancer,
conditional sales vendor, or mortgagee of the property up to the
amount of his or her interest in the property, if the court orders a
distribution to that person.
(2) The balance, if any, to be retained by the court, subject to
the provisions for distribution under subdivision (g).
502.5. Every person who, after mortgaging or encumbering by deed of
trust any real property, and during the existence of such mortgage
or deed of trust, or after such mortgaged or encumbered property
shall have been sold under an order and decree of foreclosure or at
trustee's sale, and with intent to defraud or injure the mortgagee or
the beneficiary or trustee, under such deed of trust, his
representatives, successors or assigns, or the purchaser of such
mortgaged or encumbered premises at such foreclosure or trustee's
sale, his representatives, successors or assigns, takes, removes or
carries away from such mortgaged or encumbered premises, or otherwise
disposes of or permits the taking, removal or carrying away or
otherwise disposing of any house, barn, windmill, water tank, pump,
engine or other part of the freehold that is attached or affixed to
such premises as an improvement thereon, without the written consent
of the mortgagee or beneficiary, under deed of trust, his
representatives, successors or assigns, or the purchaser at such
foreclosure or trustee's sale, his representatives, successors or
assigns, is guilty of larceny and shall be punished accordingly.
502.6. (a) Any person who knowingly, willfully, and with the intent
to defraud, possesses a scanning device, or who knowingly,
willfully, and with intent to defraud, uses a scanning device to
access, read, obtain, memorize or store, temporarily or permanently,
information encoded on the magnetic strip or stripe of a payment card
without the permission of the authorized user of the payment card is
guilty of a misdemeanor, punishable by a term in a county jail not
to exceed one year, or a fine of one thousand dollars ($1,000), or
both the imprisonment and fine.
(b) Any person who knowingly, willfully, and with the intent to
defraud, possesses a reencoder, or who knowingly, willfully, and with
intent to defraud, uses a reencoder to place encoded information on
the magnetic strip or stripe of a payment card or any electronic
medium that allows an authorized transaction to occur, without the
permission of the authorized user of the payment card from which the
information is being reencoded is guilty of a misdemeanor, punishable
by a term in a county jail not to exceed one year, or a fine of one
thousand dollars ($1,000), or both the imprisonment and fine.
(c) Any scanning device or reencoder described in subdivision (e)
owned by the defendant and possessed or used in violation of
subdivision (a) or (b) may be seized and be destroyed as contraband
by the sheriff of the county in which the scanning device or
reencoder was seized.
(d) Any computer, computer system, computer network, or any
software or data, owned by the defendant, which is used during the
commission of any public offense described in this section or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
this section shall be subject to forfeiture.
(e) As used in this section, the following definitions apply:
(1) "Scanning device" means a scanner, reader, or any other
electronic device that is used to access, read, scan, obtain,
memorize, or store, temporarily or permanently, information encoded
on the magnetic strip or stripe of a payment card.
(2) "Reencoder" means an electronic device that places encoded
information from the magnetic strip or stripe of a payment card on to
the magnetic strip or stripe of a different payment card.
(3) "Payment card" means a credit card, debit card, or any other
card that is issued to an authorized user and that allows the user to
obtain, purchase, or receive goods, services, money, or anything
else of value.
(f) Nothing in this section shall preclude prosecution under any
other provision of law.
502.7. (a) Any person who, knowingly, willfully, and with intent to
defraud a person providing telephone or telegraph service, avoids or
attempts to avoid, or aids, abets or causes another to avoid the
lawful charge, in whole or in part, for telephone or telegraph
service by any of the following means is guilty of a misdemeanor or a
felony, except as provided in subdivision (g):
(1) By charging the service to an existing telephone number or
credit card number without the authority of the subscriber thereto or
the lawful holder thereof.
(2) By charging the service to a nonexistent telephone number or
credit card number, or to a number associated with telephone service
which is suspended or terminated, or to a revoked or canceled (as
distinguished from expired) credit card number, notice of the
suspension, termination, revocation, or cancellation of the telephone
service or credit card having been given to the subscriber thereto
or the holder thereof.
(3) By use of a code, prearranged scheme, or other similar
stratagem or device whereby the person, in effect, sends or receives
information.
(4) By rearranging, tampering with, or making connection with
telephone or telegraph facilities or equipment, whether physically,
electrically, acoustically, inductively, or otherwise, or by using
telephone or telegraph service with knowledge or reason to believe
that the rearrangement, tampering, or connection existed at the time
of the use.
(5) By using any other deception, false pretense, trick, scheme,
device, conspiracy, or means, including the fraudulent use of false,
altered, or stolen identification.
(b) Any person who does either of the following is guilty of a
misdemeanor or a felony, except as provided in subdivision (g):
(1) Makes, possesses, sells, gives, or otherwise transfers to
another, or offers or advertises any instrument, apparatus, or device
with intent to use it or with knowledge or reason to believe it is
intended to be used to avoid any lawful telephone or telegraph toll
charge or to conceal the existence or place of origin or destination
of any telephone or telegraph message.
(2) Sells, gives, or otherwise transfers to another or offers, or
advertises plans or instructions for making or assembling an
instrument, apparatus, or device described in paragraph (1) of this
subdivision with knowledge or reason to believe that they may be used
to make or assemble the instrument, apparatus, or device.
(c) Any person who publishes the number or code of an existing,
canceled, revoked, expired, or nonexistent credit card, or the
numbering or coding which is employed in the issuance of credit
cards, with the intent that it be used or with knowledge or reason to
believe that it will be used to avoid the payment of any lawful
telephone or telegraph toll charge is guilty of a misdemeanor.
Subdivision (g) shall not apply to this subdivision. As used in this
section, "publishes" means the communication of information to any
one or more persons, either orally, in person or by telephone, radio,
or television, or electronic means, including, but not limited to, a
bulletin board system, or in a writing of any kind, including
without limitation a letter or memorandum, circular or handbill,
newspaper, or magazine article, or book.
(d) Any person who is the issuee of a calling card, credit card,
calling code, or any other means or device for the legal use of
telecommunications services and who receives anything of value for
knowingly allowing another person to use the means or device in order
to fraudulently obtain telecommunications services is guilty of a
misdemeanor or a felony, except as provided in subdivision (g).
(e) Subdivision (a) applies when the telephone or telegraph
communication involved either originates or terminates, or both
originates and terminates, in this state, or when the charges for
service would have been billable, in normal course, by a person
providing telephone or telegraph service in this state, but for the
fact that the charge for service was avoided, or attempted to be
avoided, by one or more of the means set forth in subdivision (a).
(f) Jurisdiction of an offense under this section is in the
jurisdictional territory where the telephone call or telegram
involved in the offense originates or where it terminates, or the
jurisdictional territory to which the bill for the service is sent or
would have been sent but for the fact that the service was obtained
or attempted to be obtained by one or more of the means set forth in
subdivision (a).
(g) Theft of any telephone or telegraph services under this
section by a person who has a prior misdemeanor or felony conviction
for theft of services under this section within the past five years,
is a felony.
(h) Any person or telephone company defrauded by any acts
prohibited under this section shall be entitled to restitution for
the entire amount of the charges avoided from any person or persons
convicted under this section.
(i) Any instrument, apparatus, device, plans, instructions, or
written publication described in subdivision (b) or (c) may be seized
under warrant or incident to a lawful arrest, and, upon the
conviction of a person for a violation of subdivision (a), (b), or
(c), the instrument, apparatus, device, plans, instructions, or
written publication may be destroyed as contraband by the sheriff of
the county in which the person was convicted or turned over to the
person providing telephone or telegraph service in the territory in
which it was seized.
(j) Any computer, computer system, computer network, or any
software or data, owned by the defendant, which is used during the
commission of any public offense described in this section or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
this section shall be subject to forfeiture.
502.8. (a) Any person who knowingly advertises illegal
telecommunications equipment is guilty of a misdemeanor.
(b) Any person who possesses or uses illegal telecommunications
equipment intending to avoid the payment of any lawful charge for
telecommunications service or to facilitate other criminal conduct is
guilty of a misdemeanor.
(c) Any person found guilty of violating subdivision (b), who has
previously been convicted of the same offense, shall be guilty of a
felony, punishable by imprisonment in state prison, a fine of up to
fifty thousand dollars ($50,000), or both.
(d) Any person who possesses illegal telecommunications equipment
with intent to sell, transfer, or furnish or offer to sell, transfer,
or furnish the equipment to another, intending to avoid the payment
of any lawful charge for telecommunications service or to facilitate
other criminal conduct is guilty of a misdemeanor punishable by one
year in a county jail or imprisonment in state prison or a fine of up
to ten thousand dollars ($10,000), or both.
(e) Any person who possesses 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid payment of any lawful
charge for telecommunications service or to facilitate other
criminal conduct, is guilty of a felony, punishable by imprisonment
in state prison, a fine of up to fifty thousand dollars ($50,000), or
both.
(f) Any person who manufactures 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid the payment of any lawful
charge for telecommunications service or to facilitate other
criminal conduct is guilty of a felony punishable by imprisonment in
state prison or a fine of up to fifty thousand dollars ($50,000), or
both.
(g) For purposes of this section, "illegal telecommunications
equipment" means equipment that operates to evade the lawful charges
for any telecommunications service; surrepticiously intercept
electronic serial numbers or mobile identification numbers; alter
electronic serial numbers; circumvent efforts to confirm legitimate
access to a telecommunications account; conceal from any
telecommunications service provider or lawful authority the
existence, place of origin, or destination of any telecommunication;
or otherwise facilitate any other criminal conduct. "Illegal
telecommunications equipment" includes, but is not limited to, any
unauthorized electronic serial number or mobile identification
number, whether incorporated into a wireless telephone or other
device or otherwise. Items specified in this paragraph shall be
considered illegal telecommunications equipment notwithstanding any
statement or disclaimer that the items are intended for educational,
instructional, or similar purposes.
(h) (1) In the event that a person violates the provisions of this
section with the intent to avoid the payment of any lawful charge
for telecommunications service to a telecommunications service
provider, the court shall order the person to pay restitution to the
telecommunications service provider in an amount that is the greater
of the following:
(A) Five thousand dollars ($5,000).
(B) Three times the amount of actual damages, if any, sustained by
the telecommunications service provider, plus reasonable attorney
fees.
(2) It is not a necessary prerequisite to an order of restitution
under this section that the telecommunications service provider has
suffered, or be threatened with, actual damages.
502.9. 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.[/align]
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Embezzlement
[align=left]503. Embezzlement is the fraudulent appropriation of property by a
person to whom it has been intrusted.
504. Every officer of this state, or of any county, city, city and
county, or other municipal corporation or subdivision thereof, and
every deputy, clerk, or servant of that officer, and every officer,
director, trustee, clerk, servant, or agent of any association,
society, or corporation (public or private), who fraudulently
appropriates to any use or purpose not in the due and lawful
execution of that person's trust, any property in his or her
possession or under his or her control by virtue of that trust, or
secretes it with a fraudulent intent to appropriate it to that use or
purpose, is guilty of embezzlement.
504a. Every person who shall fraudulently remove, conceal or
dispose of any goods, chattels or effects, leased or let to him by
any instrument in writing, or any personal property or effects of
another in his possession, under a contract of purchase not yet
fulfilled, and any person in possession of such goods, chattels, or
effects knowing them to be subject to such lease or contract of
purchase who shall so remove, conceal or dispose of the same with
intent to injure or defraud the lessor or owner thereof, is guilty of
embezzlement.
504b. Where under the terms of a security agreement, as defined in
paragraph (73) of subdivision (a) of Section 9102 of the Commercial
Code, the debtor has the right to sell the property covered thereby
and is to account to the secured party for, and pay to the secured
party the indebtedness secured by the security agreement from, the
proceeds of the sale of any of the property, and where the debtor,
having sold the property covered by the security agreement and having
received the proceeds of the sale, willfully and wrongfully, and
with the intent to defraud, fails to pay to the secured party the
amounts due under the security agreement, or the proceeds of the
sale, whichever is the lesser amount, and appropriates the money to
his or her own use, the debtor shall be guilty of embezzlement and
shall be punishable as provided in Section 514.
505. Every carrier or other person having under his control
personal property for the purpose of transportation for hire, who
fraudulently appropriates it to any use or purpose inconsistent with
the safe keeping of such property and its transportation according to
his trust, is guilty of embezzlement, whether he has broken the
package in which such property is contained, or has otherwise
separated the items thereof, or not.
506. Every trustee, banker, merchant, broker, attorney, agent,
assignee in trust, executor, administrator, or collector, or person
otherwise intrusted with or having in his control property for the
use of any other person, who fraudulently appropriates it to any use
or purpose not in the due and lawful execution of his trust, or
secretes it with a fraudulent intent to appropriate it to such use or
purpose, and any contractor who appropriates money paid to him for
any use or purpose, other than for that which he received it, is
guilty of embezzlement, and the payment of laborers and materialmen
for work performed or material furnished in the performance of any
contract is hereby declared to be the use and purpose to which the
contract price of such contract, or any part thereof, received by the
contractor shall be applied.
506a. Any person who, acting as collector, or acting in any
capacity in or about a business conducted for the collection of
accounts or debts owing by another person, and who violates Section
506 of the Penal Code, shall be deemed to be an agent or person as
defined in Section 506, and subject for a violation of Section 506,
to be prosecuted, tried, and punished in accordance therewith and
with law; and "collector" means every such person who collects, or
who has in his or her possession or under his or her control property
or money for the use of any other person, whether in his or her own
name and mixed with his or her own property or money, or otherwise,
or whether he or she has any interest, direct or indirect, in or to
such property or money, or any portion thereof, and who fraudulently
appropriates to his or her own use, or the use of any person other
than the true owner, or person entitled thereto, or secretes that
property or money, or any portion thereof, or interest therein not
his or her own, with a fraudulent intent to appropriate it to any use
or purpose not in the due and lawful execution of his or her trust.
506b. Any person who violates Section 2985.3 or 2985.4 of the Civil
Code, relating to real property sales contracts, is guilty of a
public offense punishable by a fine not exceeding ten thousand
dollars ($10,000), or by imprisonment in the state prison, or in the
county jail not exceeding one year, or by both such fine and
imprisonment.
507. Every person intrusted with any property as bailee, tenant, or
lodger, or with any power of attorney for the sale or transfer
thereof, who fraudulently converts the same or the proceeds thereof
to his own use, or secretes it or them with a fraudulent intent to
convert to his own use, is guilty of embezzlement.
508. Every clerk, agent, or servant of any person who fraudulently
appropriates to his own use, or secretes with a fraudulent intent to
appropriate to his own use, any property of another which has come
into his control or care by virtue of his employment as such clerk,
agent, or servant, is guilty of embezzlement.
509. A distinct act of taking is not necessary to constitute
embezzlement.
510. Any evidence of debt, negotiable by delivery only, and
actually executed, is the subject of embezzlement, whether it has
been delivered or issued as a valid instrument or not.
511. Upon any indictment for embezzlement, it is a sufficient
defense that the property was appropriated openly and avowedly, and
under a claim of title preferred in good faith, even though such
claim is untenable. But this provision does not excuse the unlawful
retention of the property of another to offset or pay demands held
against him.
512. The fact that the accused intended to restore the property
embezzled, is no ground of defense or mitigation of punishment, if it
has not been restored before an information has been laid before a
magistrate, or an indictment found by a grand jury, charging the
commission of the offense.
513. Whenever, prior to an information laid before a magistrate, or
an indictment found by a grand jury, charging the commission of
embezzlement, the person accused voluntarily and actually restores or
tenders restoration of the property alleged to have been embezzled,
or any part thereof, such fact is not a ground of defense, but it
authorizes the court to mitigate punishment, in its discretion.
514. Every person guilty of embezzlement is punishable in the
manner prescribed for theft of property of the value or kind
embezzled; and where the property embezzled is an evidence of debt or
right of action, the sum due upon it or secured to be paid by it
must be taken as its value; if the embezzlement or defalcation is of
the public funds of the United States, or of this state, or of any
county or municipality within this state, the offense is a felony,
and is punishable by imprisonment in the state prison; and the person
so convicted is ineligible thereafter to any office of honor, trust,
or profit in this state.
515. 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.[/align]
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Extortion
[align=left]
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 any relative of his, or
member of his family, of any crime; or,
3. To expose, or to impute to him or them any deformity, disgrace
or crime; or,
4. To expose any secret affecting him or them.
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 in the state prison 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.
[/align]
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False personation and cheats
[align=left]
528. Every person who falsely personates another, and in such
assumed character marries or pretends to marry, or to sustain the
marriage relation towards another, with or without the connivance of
such other, is guilty of a felony.
529. Every person who falsely personates another in either his
private or official capacity, and in such assumed character either:
1. Becomes bail or surety for any party in any proceeding
whatever, before any court or officer authorized to take such bail or
surety;
2. Verifies, publishes, acknowledges, or proves, in the name of
another person, any written instrument, with intent that the same may
be recorded, delivered, or used as true; or,
3. Does any other act whereby, if done by the person falsely
personated, he might, in any event, become liable to any suit or
prosecution, or to pay any sum of money, or to incur any charge,
forfeiture, or penalty, or whereby any benefit might accrue to the
party personating, or to any other person;
Is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.
529a. Every person who manufactures, produces, sells, offers, or
transfers to another any document purporting to be either a
certificate of birth or certificate of baptism, knowing such document
to be false or counterfeit and with the intent to deceive, is guilty
of a crime, and upon conviction therefor, shall be punished by
imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison. Every person who offers, displays,
or has in his or her possession any false or counterfeit certificate
of birth or certificate of baptism, or any genuine certificate of
birth which describes a person then living or deceased, with intent
to represent himself or herself as another or to conceal his or her
true identity, is guilty of a crime, and upon conviction therefor,
shall be punished by imprisonment in the county jail not to exceed
one year.
529.5. (a) Every person who manufactures, sells, offers for sale,
or transfers any document, not amounting to counterfeit, purporting
to be a government-issued identification card or driver's license,
which by virtue of the wording or appearance thereon could reasonably
deceive an ordinary person into believing that it is issued by a
government agency, and who knows that the document is not a
government-issued document, is guilty of a misdemeanor, punishable
by imprisonment in a county jail not exceeding one year, or by a fine
not exceeding one thousand dollars ($1,000), or by both the fine and
imprisonment.
(b) Any person who, having been convicted of a violation of
subdivision (a), is subsequently convicted of a violation of
subdivision (a), is punishable for the subsequent conviction by
imprisonment in a county jail not exceeding one year, or by a fine
not exceeding five thousand dollars ($5,000), or by both the fine and
imprisonment.
(c) Any person who possesses a document described in subdivision
(a) and who knows that the document is not a government-issued
document is guilty of a misdemeanor punishable by a fine of not less
than one thousand dollars ($1,000) and not more than two thousand
five hundred dollars ($2,500). The misdemeanor fine shall be imposed
except in unusual cases where the interests of justice would be
served. The court may allow an offender to work off the fine by
doing community service. If community service work is not available,
the misdemeanor shall be punishable by a fine of up to one thousand
dollars ($1,000), based on the person's ability to pay.
(d) If an offense specified in this section is committed by a
person when he or she is under 21 years of age, but is 13 years of
age or older, the court also may suspend the person's driving
privilege for one year, pursuant to Section 13202.5 of the Vehicle
Code.
529.7. Any person who obtains, or assists another person in
obtaining, a driver's license, identification card, vehicle
registration certificate, or any other official document issued by
the Department of Motor Vehicles, with knowledge that the person
obtaining the document is not entitled to the document, is guilty of
a misdemeanor, and is punishable by imprisonment in a county jail for
up to one year, or a fine of up to one thousand dollars ($1,000), or
both.
530. Every person who falsely personates another, in either his
private or official capacity, and in such assumed character receives
any money or property, knowing that it is intended to be delivered to
the individual so personated, with intent to convert the same to his
own use, or to that of another person, or to deprive the true owner
thereof, is punishable in the same manner and to the same extent as
for larceny of the money or property so received.
530.5. (a) Every person who willfully obtains personal identifying
information, as defined in subdivision (b) of Section 530.55, of
another person, and uses that information for any unlawful purpose,
including to obtain, or attempt to obtain, credit, goods, services,
real property, or medical information without the consent of that
person, is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
(b) In any case in which a person willfully obtains personal
identifying information of another person, uses that information to
commit a crime in addition to a violation of subdivision (a), and is
convicted of that crime, the court records shall reflect that the
person whose identity was falsely used to commit the crime did not
commit the crime.
(c) (1) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment.
(2) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person, and
who has previously been convicted of a violation of this section,
upon conviction therefor shall be punished by a fine, by imprisonment
in a county jail not to exceed one year, or by both a fine and
imprisonment, or by imprisonment in the state prison.
(3) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of 10 or more other
persons is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.
(d) (1) Every person who, with the intent to defraud, sells,
transfers, or conveys the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment, or by imprisonment in
the state prison.
(2) Every person who, with actual knowledge that the personal
identifying information, as defined in subdivision (b) of Section
530.55, of a specific person will be used to commit a violation of
subdivision (a), sells, transfers, or conveys that same personal
identifying information is guilty of a public offense, and upon
conviction therefor, shall be punished by a fine, by imprisonment in
the state prison, or by both a fine and imprisonment.
(e) Every person who commits mail theft, as defined in Section
1708 of Title 18 of the United States Code, is guilty of a public
offense, and upon conviction therefor shall be punished by a fine, by
imprisonment in a county jail not to exceed one year, or by both a
fine and imprisonment. Prosecution under this subdivision shall not
limit or preclude prosecution under any other provision of law,
including, but not limited to, subdivisions (a) to (c), inclusive, of
this section.
(f) An interactive computer service or access software provider,
as defined in subsection (f) of Section 230 of Title 47 of the United
States Code, shall not be liable under this section unless the
service or provider acquires, transfers, sells, conveys, or retains
possession of personal information with the intent to defraud.
530.55. (a) For purposes of this chapter, "person" means a natural
person, living or deceased, firm, association, organization,
partnership, business trust, company, corporation, limited liability
company, or public entity, or any other legal entity.
(b) For purposes of this chapter, "personal identifying
information" means
any name, address, telephone number, health insurance number,
taxpayer identification number, school identification number, state
or federal driver's license, or identification number, social
security number, place of employment, employee identification number,
professional or occupational number, mother's maiden name, demand
deposit account number, savings account number, checking account
number, PIN (personal identification number) or password, alien
registration number, government passport number, date of birth,
unique biometric data including fingerprint, facial scan identifiers,
voiceprint, retina or iris image, or other unique physical
representation, unique electronic data including information
identification number assigned to the person, address or routing
code, telecommunication identifying information or access device,
information contained in a birth or death certificate, or credit card
number of an individual person, or an equivalent form of
identification.
530.6. (a) A person who has learned or reasonably suspects that his
or her personal identifying information has been unlawfully used by
another, as described in subdivision (a) of Section 530.5, may
initiate a law enforcement investigation by contacting the local law
enforcement agency that has jurisdiction over his or her actual
residence or place of business, which shall take a police report of
the matter, provide the complainant with a copy of that report, and
begin an investigation of the facts. If the suspected crime was
committed in a different jurisdiction, the local law enforcement
agency may refer the matter to the law enforcement agency where the
suspected crime was committed for further investigation of the facts.
(b) A person who reasonably believes that he or she is the victim
of identity theft may petition a court, or the court, on its own
motion or upon application of the prosecuting attorney, may move, for
an expedited judicial determination of his or her factual innocence,
where the perpetrator of the identity theft was arrested for, cited
for, or convicted of a crime under the victim's identity, or where a
criminal complaint has been filed against the perpetrator in the
victim's name, or where the victim's identity has been mistakenly
associated with a record of criminal conviction. Any judicial
determination of factual innocence made pursuant to this section may
be heard and determined upon declarations, affidavits, police
reports, or other material, relevant, and reliable information
submitted by the parties or ordered to be part of the record by the
court. Where the court determines that the petition or motion is
meritorious and that there is no reasonable cause to believe that the
victim committed the offense for which the perpetrator of the
identity theft was arrested, cited, convicted, or subject to a
criminal complaint in the victim's name, or that the victim's
identity has been mistakenly associated with a record of criminal
conviction, the court shall find the victim factually innocent of
that offense. If the victim is found factually innocent, the court
shall issue an order certifying this determination.
(c) After a court has issued a determination of factual innocence
pursuant to this section, the court may order the name and associated
personal identifying information contained in court records, files,
and indexes accessible by the public deleted, sealed, or labeled to
show that the data is impersonated and does not reflect the defendant'
s identity.
(d) A court that has issued a determination of factual innocence
pursuant to this section may at any time vacate that determination if
the petition, or any information submitted in support of the
petition, is found to contain any material misrepresentation or
fraud.
(e) The Judicial Council of California shall develop a form for
use in issuing an order pursuant to this section.
(f) For purposes of this section,"person" means a natural person,
firm, association, organization, partnership, business trust,
company, corporation, limited liability company, or public entity.
530.7. (a) In order for a victim of identity theft to be included
in the data base established pursuant to subdivision (c), he or she
shall submit to the Department of Justice a court order obtained
pursuant to any provision of law, a full set of fingerprints, and any
other information prescribed by the department.
(b) Upon receiving information pursuant to subdivision (a), the
Department of Justice shall verify the identity of the victim against
any driver's license or other identification record maintained by
the Department of Motor Vehicles.
(c) The Department of Justice shall establish and maintain a data
base of individuals who have been victims of identity theft. The
department shall provide a victim of identity theft or his or her
authorized representative access to the data base in order to
establish that the individual has been a victim of identity theft.
Access to the data base shall be limited to criminal justice
agencies, victims of identity theft, and individuals and agencies
authorized by the victims.
(d) The Department of Justice shall establish and maintain a
toll-free telephone number to provide access to information under
subdivision (c).
(e) This section shall be operative September 1, 2001.
530.8. (a) If a person discovers that an application in his or her
name for a loan, credit line or account, credit card, charge card,
public utility service, mail receiving or forwarding service, office
or desk space rental service, or commercial mobile radio service has
been filed with any person or entity by an unauthorized person, or
that an account in his or her name has been opened with a bank, trust
company, savings association, credit union, public utility, mail
receiving or forwarding service, office or desk space rental service,
or commercial mobile radio service provider by an unauthorized
person, then, upon presenting to the person or entity with which the
application was filed or the account was opened a copy of a police
report prepared pursuant to Section 530.6 and identifying information
in the categories of information that the unauthorized person used
to complete the application or to open the account, the person, or a
law enforcement officer specified by the person, shall be entitled to
receive information related to the application or account, including
a copy of the unauthorized person's application or application
information and a record of transactions or charges associated with
the application or account. Upon request by the person in whose name
the application was filed or in whose name the account was opened,
the person or entity with which the application was filed shall
inform him or her of the categories of identifying information that
the unauthorized person used to complete the application or to open
the account. The person or entity with which the application was
filed or the account was opened shall provide copies of all paper
records, records of telephone applications or authorizations, or
records of electronic applications or authorizations required by this
section, without charge, within 10 business days of receipt of the
person's request and submission of the required copy of the police
report and identifying information.
(b) Any request made pursuant to subdivision (a) to a person or
entity subject to the provisions of Section 2891 of the Public
Utilities Code shall be in writing and the requesting person shall be
deemed to be the subscriber for purposes of that section.
(c) (1) Before a person or entity provides copies to a law
enforcement officer pursuant to subdivision (a), the person or entity
may require the requesting person to submit a signed and dated
statement by which the requesting person does all of the following:
(A) Authorizes disclosure for a stated period.
(B) Specifies the name of the agency or department to which the
disclosure is authorized.
(C) Identifies the types of records that the requesting person
authorizes to be disclosed.
(2) The person or entity shall include in the statement to be
signed by the requesting person a notice that the requesting person
has the right at any time to revoke the authorization.
(d) (1) A failure to produce records pursuant to subdivision (a)
shall be addressed by the court in the jurisdiction in which the
victim resides or in which the request for information was issued. At
the victim's request, the Attorney General, the district attorney,
or the prosecuting city attorney may file a petition to compel the
attendance of the person or entity in possession of the records, as
described in subdivision (a), and order the production of the
requested records to the court. The petition shall contain a
declaration from the victim stating when the request for information
was made, that the information requested was not provided, and what
response, if any, was made by the person or entity. The petition
shall also contain copies of the police report prepared pursuant to
Section 530.6 and the request for information made pursuant to this
section upon the person or entity in possession of the records, as
described in subdivision (a), and these two documents shall be kept
confidential by the court. The petition and copies of the police
report and the application shall be served upon the person or entity
in possession of the records, as described in subdivision (a). The
court shall hold a hearing on the petition no later than 10 court
days after the petition is served and filed. The court shall order
the release of records to the victim as required pursuant to this
section.
(2) In addition to any other civil remedy available, the victim
may bring a civil action against the entity for damages, injunctive
relief or other equitable relief, and a penalty of one hundred
dollars ($100) per day of noncompliance, plus reasonable attorneys'
fees.
(e) For the purposes of this section, the following terms have the
following meanings:
(1) "Application" means a new application for credit or service,
the addition of authorized users to an existing account, the renewal
of an existing account, or any other changes made to an existing
account.
(2) "Commercial mobile radio service" means "commercial mobile
radio service" as defined in Section 20.3 of Title 47 of the Code of
Federal Regulations.
(3) "Law enforcement officer" means a peace officer as defined by
Section 830.1.
(4) "Person" means a natural person, firm, association,
organization, partnership, business trust, company, corporation,
limited liability company, or public entity.
531. Every person who is a party to any fraudulent conveyance of
any lands, tenements, or hereditaments, goods or chattels, or any
right or interest issuing out of the same, or to any bond, suit,
judgment, or execution, contract or conveyance, had, made, or
contrived with intent to deceive and defraud others, or to defeat,
hinder, or delay creditors or others of their just debts, damages, or
demands; or who, being a party as aforesaid, at any time wittingly
and willingly puts in, uses, avows, maintains, justifies, or defends
the same, or any of them, as true, and done, had, or made in good
faith, or upon good consideration, or aliens, assigns, or sells any
of the lands, tenements, hereditaments, goods, chattels, or other
things before mentioned, to him or them conveyed as aforesaid, or any
part thereof, is guilty of a misdemeanor.
531a. Every person who, with intent to defraud, knowingly executes
or procures another to execute any instrument purporting to convey
any real property, or any right or interest therein, knowing that
such person so executing has no right to or interest in such
property, or who files or procures the filing of any such instrument,
knowing that the person executing the same had no right, title or
interest in the property so purported to be conveyed, is guilty of a
misdemeanor and is punishable by imprisonment for not more than one
year or by fine of five thousand dollars or both.
532. (a) Every person who knowingly and designedly, by any false or
fraudulent representation or pretense, defrauds any other person of
money, labor, or property, whether real or personal, or who causes or
procures others to report falsely of his or her wealth or mercantile
character, and by thus imposing upon any person obtains credit, and
thereby fraudulently gets possession of money or property, or obtains
the labor or service of another, is punishable in the same manner
and to the same extent as for larceny of the money or property so
obtained.
(b) Upon a trial for having, with an intent to cheat or defraud
another designedly, by any false pretense, obtained the signature of
any person to a written instrument, or having obtained from any
person any labor, money, or property, whether real or personal, or
valuable thing, the defendant cannot be convicted if the false
pretense was expressed in language unaccompanied by a false token or
writing, unless the pretense, or some note or memorandum thereof is
in writing, subscribed by or in the handwriting of the defendant, or
unless the pretense is proven by the testimony of two witnesses, or
that of one witness and corroborating circumstances. This section
does not apply to a prosecution for falsely representing or
personating another, and, in that assumed character, marrying, or
receiving any money or property.
532a. (1) Any person who shall knowingly make or cause to be made,
either directly or indirectly or through any agency whatsoever, any
false statement in writing, with intent that it shall be relied upon,
respecting the financial condition, or means or ability to pay, of
himself, or any other person, firm or corporation, in whom he is
interested, or for whom he is acting, for the purpose of procuring in
any form whatsoever, either the delivery of personal property, the
payment of cash, the making of a loan or credit, the extension of a
credit, the execution of a contract of guaranty or suretyship, the
discount of an account receivable, or the making, acceptance,
discount, sale or indorsement of a bill of exchange, or promissory
note, for the benefit of either himself or of such person, firm or
corporation shall be guilty of a public offense.
(2) Any person who knowing that a false statement in writing has
been made, respecting the financial condition or means or ability to
pay, of himself, or a person, firm or corporation in which he is
interested, or for whom he is acting, procures, upon the faith
thereof, for the benefit either of himself, or of such person, firm
or corporation, either or any of the things of benefit mentioned in
the first subdivision of this section shall be guilty of a public
offense.
(3) Any person who knowing that a statement in writing has been
made, respecting the financial condition or means or ability to pay
of himself or a person, firm or corporation, in which he is
interested, or for whom he is acting, represents on a later day in
writing that the statement theretofore made, if then again made on
said day, would be then true, when in fact, said statement if then
made would be false, and procures upon the faith thereof, for the
benefit either of himself or of such person, firm or corporation
either or any of the things of benefit mentioned in the first
subdivision of this section shall be guilty of a public offense.
(4) Any person committing a public offense under subdivision (1),
(2), or (3) shall be guilty of a misdemeanor, punishable by a fine of
not more than one thousand dollars ($1,000), or by imprisonment in
the county jail for not more than six months, or by both such fine
and imprisonment. Any person who violates the provisions of
subdivision (1), (2), or (3), by using a fictitious name, social
security number, business name, or business address, or by falsely
representing himself or herself to be another person or another
business, is guilty of a felony and is punishable by a fine not
exceeding five thousand dollars ($5,000) or by imprisonment in the
state prison, or by both such fine and imprisonment, or by a fine not
exceeding two thousand five hundred dollars ($2,500) or by
imprisonment in the county jail not exceeding one year, or by both
such fine and imprisonment.
(5) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this
state which applies or may apply to any transaction.
532b. (a) Any person who falsely represents himself or herself as a
veteran or ex-serviceman of any war in which the United States was
engaged, in connection with the soliciting of aid or the sale or
attempted sale of any property, is guilty of a misdemeanor.
(b) Any person who falsely claims, or presents himself or herself,
to be a veteran or member of the Armed Forces of the United States,
with the intent to defraud, is guilty of a misdemeanor.
(c) This section does not apply to face-to-face solicitations
involving less than ten dollars ($10).
532c. Any person, firm, corporation or copartnership who knowingly
and designedly offers or gives with winning numbers at any drawing of
numbers or with tickets of admission to places of public assemblage,
any lot or parcel of real property and charges or collects fees in
connection with the transfer thereof, is guilty of a misdemeanor.
532d. (a) Any person who solicits or attempts to solicit or
receives money or property of any kind for a charitable, religious or
eleemosynary purpose and who, directly or indirectly, makes, utters,
or delivers, either orally or in writing, an unqualified statement
of fact concerning the purpose or organization for which the money or
property is solicited or received, or concerning the cost and
expense of solicitation or the manner in which the money or property
or any part thereof is to be used, which statement is in fact false
and was made, uttered, or delivered by that person either willfully
and with knowledge of its falsity or negligently without due
consideration of those facts which by the use of ordinary care he or
she should have known, is guilty of a misdemeanor, and is punishable
by imprisonment in the county jail for not more than one year, by a
fine not exceeding five thousand dollars ($5,000), or by both that
imprisonment and fine.
(b) An offense charged in violation of this section shall be
proven by the testimony of one witness and corroborating
circumstances.
(c) Nothing contained in this section shall be construed to limit
the right of any city, county, or city and county to adopt
regulations for charitable solicitations which are not in conflict
with this section.
532e. Any person who receives money for the purpose of obtaining or
paying for services, labor, materials or equipment incident to
constructing improvements on real property and willfully rebates any
part of the money to or on behalf of anyone contracting with such
person, for provision of the services, labor, materials or equipment
for which the money was given, shall be guilty of a misdemeanor;
provided, however, that normal trade discount for prompt payment
shall not be considered a violation of this section.
532f. (a) (1) A person, other than the loan applicant, who commits
a public offense under paragraph (1), (2), or (3) of Section 532a in
connection with an application for a loan to be secured by real
property is guilty of a misdemeanor, punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in a
county jail not exceeding one year, or by both the fine and
imprisonment.
(2) The court shall determine the amount of any economic loss to
a victim caused by the criminal conduct of the defendant and shall,
to the extent possible, order the defendant to make restitution to
the victim in that amount.
(b) An applicant for a loan to be secured by real property who
violates paragraph (1), (2), or (3) of Section 532a is guilty of a
misdemeanor, punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding six
months, or by both the fine and imprisonment.
(c) This section shall not be construed to preclude the
application of any other law that may apply to a transaction.
533. Every person who, after once selling, bartering, or disposing
of any tract of land or town lot, or after executing any bond or
agreement for the sale of any land or town lot, again willfully and
with intent to defraud previous or subsequent purchasers, sells,
barters, or disposes of the same tract of land or town lot, or any
part thereof, or willfully and with intent to defraud previous or
subsequent purchasers, executes any bond or agreement to sell,
barter, or dispose of the same land or lot, or any part thereof, to
any other person for a valuable consideration, is punishable by
imprisonment in the state prison.
534. Every married person who falsely and fraudulently represents
himself or herself as competent to sell or mortgage any real estate,
to the validity of which sale or mortgage the assent or concurrence
of his wife or her husband is necessary, and under such
representations willfully conveys or mortgages the same, is guilty of
felony.
535. Every person who obtains any money or property from another,
or obtains the signature of another to any written instrument, the
false making of which would be forgery, by means of any false or
fraudulent sale of property or pretended property, by auction, or by
any of the practices known as mock auctions, is punishable by
imprisonment in the state prison, or in the county jail not exceeding
one year, or by fine not exceeding two thousand dollars ($2,000), or
by both such fine and imprisonment, and, in addition, is
disqualified for a period of three years from acting as an auctioneer
in this state.
536. Every commission merchant, broker, agent, factor, or
consignee, who shall willfully and corruptly make, or cause to be
made, to the principal or consignor of such commission merchant,
agent, broker, factor, or consignee, a false statement as to the
price obtained for any property consigned or entrusted for sale, or
as to the quality or quantity of any property so consigned or
entrusted, or as to any expenditures made in connection therewith,
shall be deemed guilty of a misdemeanor, and on conviction thereof,
shall be punished by fine not exceeding one thousand dollars ($1,000)
and not less than two hundred dollars ($200), or by imprisonment in
the county jail not exceeding six months and not less than 10 days,
or by both such fine and imprisonment.
536a. It is hereby made the duty of every commission merchant,
broker, factor, or consignee, to whom any property is consigned or
entrusted for sale, to make, when accounting therefor or
subsequently, upon the written demand of his principal or consignor,
a true written statement setting forth the name and address of the
person or persons to whom a sale of the said property, or any portion
thereof, was made, the quantity so sold to each purchaser, and the
respective prices obtained therefor; provided, however, that unless
separate written demand shall be made as to each consignment or
shipment regarding which said statement is desired, prior to sale, it
shall be sufficient to set forth in said statement only so many of
said matters above enumerated as said commission merchant, broker,
factor, or consignee may be able to obtain from the books of account
kept by him; and that said statement shall not be required in case of
cash sales where the amount of the transaction is less than fifty
dollars. Any person violating the provisions of this section is
guilty of a misdemeanor.
537. (a) Any person who obtains any food, fuel, services, or
accommodations at a hotel, inn, restaurant, boardinghouse,
lodginghouse, apartment house, bungalow court, motel, marina, marine
facility, autocamp, ski area, or public or private campground,
without paying therefor, with intent to defraud the proprietor or
manager thereof, or who obtains credit at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground by
the use of any false pretense, or who, after obtaining credit, food,
fuel, services, or accommodations, at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground,
absconds, or surreptitiously, or by force, menace, or threats,
removes any part of his or her baggage therefrom with the intent not
to pay for his or her food or accommodations is guilty of a public
offense punishable as follows:
(1) If the value of the credit, food, fuel, services, or
accommodations is four hundred dollars ($400) or less, by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for a term not exceeding six months, or both.
(2) If the value of the credit, food, fuel, services, or
accommodations is greater than four hundred dollars ($400), by
imprisonment in the county jail for a term of not more than one year,
or in the state prison.
(b) Any person who uses or attempts to use ski area facilities for
which payment is required without paying as required, or who resells
a ski lift ticket to another when the resale is not authorized by
the proprietor, is guilty of an infraction.
(c) Evidence that a person left the premises of such an hotel,
inn, restaurant, boardinghouse, lodginghouse, apartment house,
bungalow court, motel, marina, marine facility, autocamp, ski area,
or public or private campground, without paying or offering to pay
for such food, fuel, services, use of facilities, or accommodation,
or that the person, without authorization from the proprietor, resold
his or her ski lift ticket to another person after making use of
such facilities, shall be prima facie evidence of the following:
(1) That the person obtained such food, fuel, services, use of
facilities or accommodations with intent to defraud the proprietor or
manager.
(2) That, if, after obtaining the credit, food, fuel, services, or
accommodations, the person absconded, or surreptitiously, or by
force, menace, or threats, removed part of his or her baggage
therefrom, the person did so with the intent not to pay for the
credit, food, fuel, services, or accommodations.
537b. Any person who obtains any livery hire or other accommodation
at any livery or feed stable, kept for profit, in this state,
without paying therefor, with intent to defraud the proprietor or
manager thereof; or who obtains credit at any such livery or feed
stable by the use of any false pretense; or who after obtaining a
horse, vehicle, or other property at such livery or feed stable,
willfully or maliciously abuses the same by beating, goading,
overdriving or other willful or malicious conduct, or who after
obtaining such horse, vehicle, or other property, shall, with intent
to defraud the owner, manager or proprietor of such livery or feed
stable, keep the same for a longer period, or take the same to a
greater distance than contracted for; or allow a feed bill or other
charges to accumulate against such property, without paying therefor;
or abandon or leave the same, is guilty of a misdemeanor.
537c. Every owner, manager, proprietor, or other person, having the
management, charge or control of any livery stable, feed or boarding
stable, and every person pasturing stock, who shall receive and take
into his possession, charge, care or control, any horse, mare, or
other animal, or any buggy, or other vehicle, belonging to any other
person, to be by him kept, fed, or cared for, and who, while said
horse, mare or other animal or buggy or other vehicle, is thus in his
possession, charge, care or under his control, as aforesaid, shall
drive, ride or use, or knowingly permit or allow any person other
than the owner or other person entitled so to do, to drive, ride, or
otherwise use the same, without the consent or permission of the
owner thereof, or other person charged with the care, control or
possession of such property, shall be guilty of a misdemeanor.
537e. (a) Any person who knowingly buys, sells, receives, disposes
of, conceals, or has in his or her possession any personal property
from which the manufacturer's serial number, identification number,
electronic serial number, or any other distinguishing number or
identification mark has been removed, defaced, covered, altered, or
destroyed, is guilty of a public offense, punishable as follows:
(1) If the value of the property does not exceed four hundred
dollars ($400), by imprisonment in a county jail not exceeding six
months.
(2) If the value of the property exceeds four hundred dollars
($400), by imprisonment in a county jail not exceeding one year.
(3) If the property is an integrated computer chip or panel of a
value of four hundred dollars ($400) or more, by imprisonment in the
state prison for 16 months, or 2 or 3 years or by imprisonment in a
county jail not exceeding one year.
For purposes of this subdivision, "personal property" includes,
but is not limited to, the following:
(1) Any television, radio, recorder, phonograph, telephone, piano,
or any other musical instrument or sound equipment.
(2) Any washing machine, sewing machine, vacuum cleaner, or other
household appliance or furnishings.
(3) Any typewriter, adding machine, dictaphone, or any other
office equipment or furnishings.
(4) Any computer, printed circuit, integrated chip or panel, or
other part of a computer.
(5) Any tool or similar device, including any technical or
scientific equipment.
(6) Any bicycle, exercise equipment, or any other entertainment or
recreational equipment.
(7) Any electrical or mechanical equipment, contrivance, material,
or piece of apparatus or equipment.
(8) Any clock, watch, watch case, or watch movement.
(9) Any vehicle or vessel, or any component part thereof.
(b) When property described in subdivision (a) comes into the
custody of a peace officer it shall become subject to the provision
of Chapter 12 (commencing with Section 1407) of Title 10 of Part 2,
relating to the disposal of stolen or embezzled property. Property
subject to this section shall be considered stolen or embezzled
property for the purposes of that chapter, and prior to being
disposed of, shall have an identification mark imbedded or engraved
in, or permanently affixed to it.
(c) This section does not apply to those cases or instances where
any of the changes or alterations enumerated in subdivision (a) have
been customarily made or done as an established practice in the
ordinary and regular conduct of business, by the original
manufacturer, or by his or her duly appointed direct representative,
or under specific authorization from the original manufacturer.
537f. No storage battery composed in whole or in part of a used
container, or used plate or plates and intended for use in the
starting, lighting or ignition of automobiles, shall be sold or
offered for sale in this State unless: the word "Rebuilt" together
with the rebuilder's name and address is labeled on one side of the
battery in letters not less than one-half inch in height with a
one-eighth inch stroke.
Any person selling or offering for sale such a battery in
violation of this section shall be guilty of a misdemeanor,
punishable by a fine not exceeding two hundred fifty dollars, or by
imprisonment in the county jail for not more than six months, or by
both such fine and imprisonment.
537g. (a) Unless otherwise provided by law, any person who
knowingly removes, defaces, covers, alters or destroys a National
Crime Information Center owner identification number from the
personal property of another without permission is guilty of a
misdemeanor punishable by a fine not to exceed four hundred dollars
($400), imprisonment in the county jail not to exceed one year, or
both.
(b) This section shall not apply to any action taken by an
authorized person to dispose of property pursuant to Article 1
(commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of
Division 3 of the Civil Code or pursuant to Chapter 12 (commencing
with Section 1407) of Title 10 of Part 2 of this code.
538. Every person, who, after mortgaging any of the property
permitted to be mortgaged by the provisions of Sections 9102 and 9109
of the Commercial Code, excepting locomotives, engines, rolling
stock of a railroad, steamboat machinery in actual use, and vessels,
during the existence of the mortgage, with intent to defraud the
mortgagee, his or her representative or assigns, takes, drives,
carries away, or otherwise removes or permits the taking, driving, or
carrying away, or other removal of the mortgaged property, or any
part thereof, from the county where it was situated when mortgaged,
without the written consent of the mortgagee, or who sells,
transfers, slaughters, destroys, or in any manner further encumbers
the mortgaged property, or any part thereof, or causes it to be sold,
transferred, slaughtered, destroyed, or further encumbered, is
guilty of theft, and is punishable accordingly. In the case of a
sale, transfer, or further encumbrance at or before the time of
making the sale, transfer, or encumbrance, the mortgagor informs the
person to whom the sale, transfer, or encumbrance is made, of the
existence of the prior mortgage, and also informs the prior mortgagee
of the intended sale, transfer, or encumbrance, in writing, by
giving the name and place of residence of the party to whom the sale,
transfer, or encumbrance is to be made.
538a. Every person who signs any letter addressed to a newspaper
with the name of a person other than himself and sends such letter to
the newspaper, or causes it to be sent to such newspaper, with
intent to lead the newspaper to believe that such letter was written
by the person whose name is signed thereto, is guilty of a
misdemeanor.
538b. Any person who wilfully wears the badge, lapel button,
rosette, or any part of the garb, robe, habit, or any other
recognized and established insignia or apparel of any secret society,
or fraternal or religious order or organization, or of any sect,
church or religious denomination, or uses the same to obtain aid or
assistance within this State, with intent to deceive, unless entitled
to wear and use the same under the constitution, by-laws or rules
and regulations, or other laws or enactments of such society, order,
organization, sect, church or religious denomination is guilty of a
misdemeanor.
538c. (a) Except as provided in subdivision (c), any person who
attaches or inserts an unauthorized advertisement in a newspaper,
whether alone or in concert with another, and who redistributes it to
the public or who has the intent to redistribute it to the public,
is guilty of the crime of theft of advertising services which shall
be punishable as a misdemeanor.
(b) As used in this section:
(1) "Unauthorized advertisement" means any form of representation
or communication, including any handbill, newsletter, pamphlet, or
notice that contains any letters, words, or pictorial representation
that is attached to or inserted in a newspaper without a contractual
agreement between the publisher and an advertiser.
(2) "Newspaper" includes any newspaper, magazine, periodical, or
other tangible publication, whether offered for retail sale or
distributed without charge.
(c) This section does not apply if the publisher or authorized
distributor of the newspaper consents to the attachment or insertion
of the advertisement.
(d) This section does not apply to a newspaper distributor who is
directed to insert an unauthorized advertisement by a person or
company supplying the newspapers, and who is not aware that the
advertisement is unauthorized.
(e) A conviction under this section shall not constitute a
conviction for petty theft.
538d. (a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform, insignia, emblem, device, label, certificate,
card, or writing, of a peace officer, with the intent of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor.
(b) (1) Any person, other than the one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the badge of a peace officer with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the belief
that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of a peace officer, or which so resembles the authorized
badge of a peace officer as would deceive any ordinary reasonable
person into believing that it is authorized for the use of one who by
law is given the authority of a peace officer, for the purpose of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to
exceed one year, by a fine not to exceed two thousand dollars
($2,000), or by both that imprisonment and fine.
(c) Any person who willfully wears, exhibits, or uses, or who
willfully makes, sells, loans, gives, or transfers to another, any
badge, insignia, emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the use of one
who by law is given the authority of a peace officer, or which so
resembles the authorized badge, insignia, emblem, device, label,
certificate, card, or writing of a peace officer as would deceive an
ordinary reasonable person into believing that it is authorized for
the use of one who by law is given the authority of a peace officer,
is guilty of a misdemeanor, except that any person who makes or sells
any badge under the circumstances described in this subdivision is
subject to a fine not to exceed fifteen thousand dollars ($15,000).
(d) (1) Vendors of law enforcement uniforms shall verify that a
person purchasing a uniform identifying a law enforcement agency is
an employee of the agency identified on the uniform. Presentation and
examination of a valid identification card with a picture of the
person purchasing the uniform and identification, on the letterhead
of the law enforcement agency, of the person buying the uniform as an
employee of the agency identified on the uniform shall be sufficient
verification.
(2) Any uniform vendor who sells a uniform identifying a law
enforcement agency, without verifying that the purchaser is an
employee of the agency, is guilty of a misdemeanor, punishable by a
fine of not more than one thousand dollars ($1,000).
(3) This subdivision shall not apply if the uniform is to be used
solely as a prop for a motion picture, television, video production,
or a theatrical event, and prior written permission has been obtained
by the identified law enforcement agency.
538e. (a) Any person, other than an officer or member of a fire
department, who willfully wears, exhibits, or uses the authorized
uniform, insignia, emblem, device, label, certificate, card, or
writing of an officer or member of a fire department or a deputy
state fire marshal, with the intent of fraudulently impersonating an
officer or member of a fire department or the Office of the State
Fire Marshal, or of fraudulently inducing the belief that he or she
is an officer or member of a fire department or the Office of the
State Fire Marshal, is guilty of a misdemeanor.
(b) (1) Any person, other than the one who by law is given the
authority of an officer or member of a fire department, or a deputy
state fire marshal, who willfully wears, exhibits, or uses the badge
of a fire department or the Office of the State Fire Marshal with the
intent of fraudulently impersonating an officer, or member of a fire
department, or a deputy state fire marshal, or of fraudulently
inducing the belief that he or she is an officer or member of a fire
department, or a deputy state fire marshal, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to exceed
one year, by a fine not to exceed two thousand dollars ($2,000), or
by both that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of an officer or member of a fire department, or a deputy
state fire marshal, or which so resembles the authorized badge of an
officer or member of a fire department, or a deputy state fire
marshal as would deceive any ordinary reasonable person into
believing that it is authorized for the use of one who by law is
given the authority of an officer or member of a fire department or a
deputy state fire marshal, for the purpose of fraudulently
impersonating an officer or member of a fire department, or a deputy
state fire marshal, or of fraudulently inducing the belief that he or
she is an officer or member of a fire department, or a deputy state
fire marshal, is guilty of a misdemeanor punishable by imprisonment
in a county jail not to exceed one year, by a fine not to exceed two
thousand dollars ($2,000), or by both that imprisonment and fine.
(c) Any person who willfully wears, exhibits, or uses, or who
willfully makes, sells, loans, gives, or transfers to another, any
badge, insignia, emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the use of one
who by law is given the authority of an officer, or member of a fire
department or a deputy state fire marshal, or which so resembles the
authorized badge, insignia, emblem, device, label, certificate, card,
or writing of an officer or member of a fire department or a deputy
state fire marshal as would deceive an ordinary reasonable person
into believing that it is authorized for use by an officer or member
of a fire department or a deputy state fire marshal, is guilty of a
misdemeanor, except that any person who makes or sells any badge
under the circumstances described in this subdivision is guilty of a
misdemeanor punishable by a fine not to exceed fifteen thousand
dollars ($15,000).
(d) Any person who, for the purpose of selling, leasing or
otherwise disposing of merchandise, supplies or equipment used in
fire prevention or suppression, falsely represents, in any manner
whatsoever, to any other person that he or she is a fire marshal,
fire inspector or member of a fire department, or that he or she has
the approval, endorsement or authorization of any fire marshal, fire
inspector or fire department, or member thereof, is guilty of a
misdemeanor.
(e) This section shall not apply to either of the following:
(1) Use of a badge solely as a prop for a motion picture,
television, or video production, or an entertainment or theatrical
event.
(2) A badge supplied by a recognized employee organization as
defined in Section 3501 of the Government Code representing
firefighters or a state or international organization to which it is
affiliated.
538f. Any person, other than an employee of a public utility or
district as defined in Sections 216 and 11503 of the Public Utilities
Code, respectively, who willfully presents himself or herself to a
utility or district customer with the intent of fraudulently
personating an employee of a public utility or district, or of
fraudulently inducing the belief that he or she is an employee of a
public utility or district, is guilty of a misdemeanor and shall be
punished by imprisonment in a county jail not to exceed six months,
or by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment. Nothing in this section shall be
construed to prohibit conduct that arguably constitutes protected
activity under state labor law or the National Labor Relations Act
(Title 29, United States Code, Section 151 and following).
538g. (a) Any person, other than a state, county, city, special
district, or city and county officer or employee, who willfully
wears, exhibits, or uses the authorized badge, photographic
identification card, or insignia of a state, county, city, special
district, or city and county officer or employee, with the intent of
fraudulently personating a state, county, city, special district, or
city and county officer or employee, or of fraudulently inducing the
belief that he or she is a state, county, city, special district, or
city and county officer or employee, is guilty of a misdemeanor.
(b) Any person who willfully wears, exhibits, or uses, or
willfully makes, sells, loans, gives, or transfers to another, any
badge, photographic identification card, or insignia, which falsely
purports to be for the use of a state, county, city, special
district, or city and county officer or employee, or which so
resembles the authorized badge, photographic identification card, or
insignia of a state, county, city, special district, or city and
county officer or employee as would deceive an ordinary reasonable
person into believing that it is authorized for use by a state,
county, city, special district, or city and county officer or
employee, is guilty of a misdemeanor, except that any person who
makes or sells any badge under the circumstances described in this
subdivision is subject to a fine not to exceed fifteen thousand
dollars ($15,000).
(c) This section shall not apply to either of the following:
(1) Use of a badge solely as a prop for a motion picture,
television, or video production, or an entertainment or theatrical
event.
(2) A badge supplied by a recognized employee organization as
defined in Section 3501 of the Government Code or a state or
international organization to which it is affiliated.
538.5. Every person who transmits or causes to be transmitted by
means of wire, radio or television communication any words, sounds,
writings, signs, signals, or pictures for the purpose of furthering
or executing a scheme or artifice to obtain, from a public utility,
confidential, privileged, or proprietary information, trade secrets,
trade lists, customer records, billing records, customer credit data,
or accounting data by means of false or fraudulent pretenses,
representations, personations, or promises is guilty of an offense
punishable by imprisonment in the state prison, or by imprisonment in
the county jail not exceeding one year.
539. Every person who, with the intent to defraud, certifies that a
person ordered by the court to participate in community service as a
condition of probation has completed the number of hours of
community service prescribed in the court order and the participant
has not completed the prescribed number of hours, is guilty of a
misdemeanor.[/align]
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Crimes against insured property and insurers
[align=left]
548. (a) Every person who willfully injures, destroys, secretes,
abandons, or disposes of any property which at the time is insured
against loss or damage by theft, or embezzlement, or any casualty
with intent to defraud or prejudice the insurer, whether the property
is the property or in the possession of such person or any other
person, is punishable by imprisonment in the state prison for two,
three, or five years and by a fine not exceeding fifty thousand
dollars ($50,000).
For purposes of this section, "casualty" does not include fire.
(b) Any person who violates subdivision (a) and who has a prior
conviction of the offense set forth in that subdivision, in Section
550 of this code, or in former Section 556 or former Section 1871.1
of the Insurance Code, shall receive a two-year enhancement for each
prior conviction in addition to the sentence provided under
subdivision (a). The existence of any fact which would subject a
person to a penalty enhancement shall be alleged in the information
or indictment and either admitted by the defendant in open court, or
found to be true by the jury trying the issue of guilt or by the
court where guilt is established by plea of guilty or nolo contendere
or by trial by the court sitting without a jury.
549. Any firm, corporation, partnership, or association, or any
person acting in his or her individual capacity, or in his or her
capacity as a public or private employee, who solicits, accepts, or
refers any business to or from any individual or entity with the
knowledge that, or with reckless disregard for whether, the
individual or entity for or from whom the solicitation or referral is
made, or the individual or entity who is solicited or referred,
intends to violate Section 550 of this code or Section 1871.4 of the
Insurance Code is guilty of a crime, punishable upon a first
conviction by imprisonment in the county jail for not more than one
year or by imprisonment in the state prison for 16 months, two years,
or three years, or by a fine not exceeding fifty thousand dollars
($50,000) or double the amount of the fraud, whichever is greater, or
by both that imprisonment and fine. A second or subsequent
conviction is punishable by imprisonment in the state prison or by
imprisonment in the state prison and a fine of fifty thousand dollars
($50,000). Restitution shall be ordered, including restitution for
any medical evaluation or treatment services obtained or provided.
The court shall determine the amount of restitution and the person or
persons to whom the restitution shall be paid.
550. (a) It is unlawful to do any of the following, or to aid,
abet, solicit, or conspire with any person to do any of the
following:
(1) Knowingly present or cause to be presented any false or
fraudulent claim for the payment of a loss or injury, including
payment of a loss or injury under a contract of insurance.
(2) Knowingly present multiple claims for the same loss or injury,
including presentation of multiple claims to more than one insurer,
with an intent to defraud.
(3) Knowingly cause or participate in a vehicular collision, or
any other vehicular accident, for the purpose of presenting any false
or fraudulent claim.
(4) Knowingly present a false or fraudulent claim for the payments
of a loss for theft, destruction, damage, or conversion of a motor
vehicle, a motor vehicle part, or contents of a motor vehicle.
(5) Knowingly prepare, make, or subscribe any writing, with the
intent to present or use it, or to allow it to be presented, in
support of any false or fraudulent claim.
(6) Knowingly make or cause to be made any false or fraudulent
claim for payment of a health care benefit.
(7) Knowingly submit a claim for a health care benefit that was
not used by, or on behalf of, the claimant.
(8) Knowingly present multiple claims for payment of the same
health care benefit with an intent to defraud.
(9) Knowingly present for payment any undercharges for health care
benefits on behalf of a specific claimant unless any known
overcharges for health care benefits for that claimant are presented
for reconciliation at that same time.
(10) For purposes of paragraphs (6) to (9), inclusive, a claim or
a claim for payment of a health care benefit also means a claim or
claim for payment submitted by or on the behalf of a provider of any
workers' compensation health benefits under the Labor Code.
(b) It is unlawful to do, or to knowingly assist or conspire with
any person to do, any of the following:
(1) Present or cause to be presented any written or oral statement
as part of, or in support of or opposition to, a claim for payment
or other benefit pursuant to an insurance policy, knowing that the
statement contains any false or misleading information concerning any
material fact.
(2) Prepare or make any written or oral statement that is intended
to be presented to any insurer or any insurance claimant in
connection with, or in support of or opposition to, any claim or
payment or other benefit pursuant to an insurance policy, knowing
that the statement contains any false or misleading information
concerning any material fact.
(3) Conceal, or knowingly fail to disclose the occurrence of, an
event that affects any person's initial or continued right or
entitlement to any insurance benefit or payment, or the amount of any
benefit or payment to which the person is entitled.
(4) Prepare or make any written or oral statement, intended to be
presented to any insurer or producer for the purpose of obtaining a
motor vehicle insurance policy, that the person to be the insured
resides or is domiciled in this state when, in fact, that person
resides or is domiciled in a state other than this state.
(c) (1) Every person who violates paragraph (1), (2), (3), (4), or
(5) of subdivision (a) is guilty of a felony punishable by
imprisonment in the state prison for two, three, or five years, and
by a fine not exceeding fifty thousand dollars ($50,000), or double
the amount of the fraud, whichever is greater.
(2) Every person who violates paragraph (6), (7), (8), or (9) of
subdivision (a) is guilty of a public offense.
(A) When the claim or amount at issue exceeds four hundred
dollars ($400), the offense is punishable by imprisonment in the
state prison for two, three, or five years, or by a fine not
exceeding fifty thousand dollars ($50,000) or double the amount of
the fraud, whichever is greater, or by both that imprisonment and
fine, or by imprisonment in a county jail not to exceed one year, by
a fine of not more than ten thousand dollars ($10,000), or by both
that imprisonment and fine.
(B) When the claim or amount at issue is four hundred dollars
($400) or less, the offense is punishable by imprisonment in a county
jail not to exceed six months, or by a fine of not more than one
thousand dollars ($1,000), or by both that imprisonment and fine,
unless the aggregate amount of the claims or amount at issue exceeds
four hundred dollars ($400) in any 12-consecutive-month period, in
which case the claims or amounts may be charged as in subparagraph
(A).
(3) Every person who violates paragraph (1), (2), (3), or (4) of
subdivision (b) shall be punished by imprisonment in the state prison
for two, three, or five years, or by a fine not exceeding fifty
thousand dollars ($50,000) or double the amount of the fraud,
whichever is greater, or by both that imprisonment and fine, or by
imprisonment in a county jail not to exceed one year, or by a fine of
not more than ten thousand dollars ($10,000), or by both that
imprisonment and fine.
(4) Restitution shall be ordered for a person convicted of
violating this section, including restitution for any medical
evaluation or treatment services obtained or provided. The court
shall determine the amount of restitution and the person or persons
to whom the restitution shall be paid.
(d) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of a
sentence be suspended for, any adult person convicted of felony
violations of this section who previously has been convicted of
felony violations of this section or Section 548, or of Section
1871.4 of the Insurance Code, or former Section 556 of the Insurance
Code, or former Section 1871.1 of the Insurance Code as an adult
under charges separately brought and tried two or more times. The
existence of any fact that would make a person ineligible for
probation under this subdivision shall be alleged in the information
or indictment, and either admitted by the defendant in an open court,
or found to be true by the jury trying the issue of guilt or by the
court where guilt is established by plea of guilty or nolo contendere
or by trial by the court sitting without a jury.
Except when the existence of the fact was not admitted or found to
be true or the court finds that a prior felony conviction was
invalid, the court shall not strike or dismiss any prior felony
convictions alleged in the information or indictment.
This subdivision does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.
(e) Except as otherwise provided in subdivision (f), any person
who violates subdivision (a) or (b) and who has a prior felony
conviction of an offense set forth in either subdivision (a) or (b),
in Section 548, in Section 1871.4 of the Insurance Code, in former
Section 556 of the Insurance Code, or in former Section 1871.1 of the
Insurance Code shall receive a two-year enhancement for each prior
felony conviction in addition to the sentence provided in subdivision
(c). The existence of any fact that would subject a person to a
penalty enhancement shall be alleged in the information or indictment
and either admitted by the defendant in open court, or found to be
true by the jury trying the issue of guilt or by the court where
guilt is established by plea of guilty or nolo contendere or by trial
by the court sitting without a jury. Any person who violates this
section shall be subject to appropriate orders of restitution
pursuant to Section 13967 of the Government Code.
(f) Any person who violates paragraph (3) of subdivision (a) and
who has two prior felony convictions for a violation of paragraph (3)
of subdivision (a) shall receive a five-year enhancement in addition
to the sentence provided in subdivision (c). The existence of any
fact that would subject a person to a penalty enhancement shall be
alleged in the information or indictment and either admitted by the
defendant in open court, or found to be true by the jury trying the
issue of guilt or by the court where guilt is established by plea of
guilty or nolo contendere or by trial by the court sitting without a
jury.
(g) Except as otherwise provided in Section 12022.7, any person
who violates paragraph (3) of subdivision (a) shall receive a
two-year enhancement for each person other than an accomplice who
suffers serious bodily injury resulting from the vehicular collision
or accident in a violation of paragraph (3) of subdivision (a).
(h) This section shall not be construed to preclude the
applicability of any other provision of criminal law or equitable
remedy that applies or may apply to any act committed or alleged to
have been committed by a person.
(i) Any fine imposed pursuant to this section shall be doubled if
the offense was committed in connection with any claim pursuant to
any automobile insurance policy in an auto insurance fraud crisis
area designated by the Insurance Commissioner pursuant to Article 4.6
(commencing with Section 1874.90) of Chapter 12 of Part 2 of
Division 1 of the Insurance Code.
551. (a) It is unlawful for any automotive repair dealer,
contractor, or employees or agents thereof to offer to any insurance
agent, broker, or adjuster any fee, commission, profit sharing, or
other form of direct or indirect consideration for referring an
insured to an automotive repair dealer or its employees or agents for
vehicle repairs covered under a policyholder's automobile physical
damage or automobile collision coverage, or to a contractor or its
employees or agents for repairs to or replacement of a structure
covered by a residential or commercial insurance policy.
(b) Except in cases in which the amount of the repair or
replacement claim has been determined by the insurer and the repair
or replacement services are performed in accordance with that
determination or in accordance with provided estimates that are
accepted by the insurer, it is unlawful for any automotive repair
dealer, contractor, or employees or agents thereof to knowingly offer
or give any discount intended to offset a deductible required by a
policy of insurance covering repairs to or replacement of a motor
vehicle or residential or commercial structure. This subdivision
does not prohibit an advertisement for repair or replacement services
at a discount as long as the amount of the repair or replacement
claim has been determined by the insurer and the repair or
replacement services are performed in accordance with that
determination or in accordance with provided estimates that are
accepted by the insurer.
(c) A violation of this section is a public offense. Where the
amount at issue exceeds four hundred dollars ($400), the offense is
punishable by imprisonment in the state prison for 16 months, or 2 or
3 years, by a fine of not more than ten thousand dollars ($10,000),
or by both that imprisonment and fine; or by imprisonment in a county
jail not to exceed one year, by a fine of not more than one thousand
dollars ($1,000), or by both that imprisonment and fine. In all
other cases, the offense is punishable by imprisonment in a county
jail not to exceed six months, by a fine of not more than one
thousand dollars ($1,000), or by both that imprisonment and fine.
(d) Every person who, having been convicted of subdivision (a) or
(b), or Section 7027.3 or former Section 9884.75 of the Business and
Professions Code and having served a term therefor in any penal
institution or having been imprisoned therein as a condition of
probation for that offense, is subsequently convicted of subdivision
(a) or (b), upon a subsequent conviction of one of those offenses,
shall be punished by imprisonment in the state prison for 16 months,
or 2 or 3 years, by a fine of not more than ten thousand dollars
($10,000), or by both that imprisonment and fine; or by imprisonment
in a county jail not to exceed one year, by a fine of not more than
one thousand dollars ($1,000), or by both that imprisonment and fine.
(e) For purposes of this section:
(1) "Automotive repair dealer" means a person who, for
compensation, engages in the business of repairing or diagnosing
malfunctions of motor vehicles.
(2) "Contractor" has the same meaning as set forth in Section 7026
of the Business and Professions Code.
[/align]
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Unlawful interference with property
[align=left]
Trespassing or Loitering Near Posted Industrial
Property
552. This article does not apply to any entry in the course of duty
of any peace or police officer or other duly authorized public
officer, nor does it apply to the lawful use of an established and
existing right of way for public road purposes.
552.1. This article does not prohibit:
(a) Any lawful activity for the purpose of engaging in any
organizational effort on behalf of any labor union, agent, or member
thereof, or of any employee group, or any member thereof, employed or
formerly employed in any place of business or manufacturing
establishment described in this article, or for the purpose of
carrying on the lawful activities of labor unions, or members
thereof.
(b) Any lawful activity for the purpose of investigation of the
safety of working conditions on posted property by a representative
of a labor union or other employee group who has upon his person
written evidence of due authorization by his labor union or employee
group to make such investigation.
553. The following definitions apply to this article only:
(a) "Sign" means a sign not less than one (1) square foot in area
and upon which in letters not less than two inches in height appear
the words "trespassing-loitering forbidden by law," or words
describing the use of the property followed by the words "no
trespassing."
(b) "Posted property" means any property specified in Section 554
which is posted in a manner provided in Section 554.1.
(c) "Posted boundary" means a line running from sign to sign and
such line need not conform to the legal boundary or legal description
of any lot, parcel, or acreage of land, but only the area within the
posted boundary shall constitute posted property, except as
otherwise provided in subdivision (e) of Section 554. 1.
554. Any property, except that portion of such property to which
the general public is accorded access, may be posted against
trespassing and loitering in the manner provided in Section 554.1,
and thereby become posted property subject to the provisions of this
article applicable to posted property, if such property consists of,
or is used, or is designed to be used, for any one or more of the
following:
(a) An oil well, oilfield, tank farm, refinery, compressor plant,
absorption plant, bulk plant, marine terminal, pipeline, pipeline
pumping station, or reservoir, or any other plant, structure, or
works, used for the production, extraction, treatment, handling,
storage, or transportation, of oil, gas, gasoline, petroleum, or any
product or products thereof.
(b) A gas plant, gas storage station, gas meter, gas valve, or
regulator station, gas odorant station, gas pipeline, or
appurtenances, or any other property used in the transmission or
distribution of gas.
(c) A reservoir, dam, generating plant, receiving station,
distributing station, transformer, transmission line, or any
appurtenances, used for the storage of water for the generation of
hydroelectric power, or for the generation of electricity by water or
steam or by any other apparatus or method suitable for the
generation of electricity, or for the handling, transmission,
reception, or distribution of electric energy.
(d) Plant, structures or facilities used for or in connection with
the rendering of telephone or telegraph service or for radio or
television broadcasting.
(e) A water well, dam, reservoir, pumping plant, aqueduct, canal,
tunnel, siphon, conduit, or any other structure, facility, or
conductor for producing, storing, diverting, conserving, treating, or
conveying water.
(f) The production, storage, or manufacture of munitions,
dynamite, black blasting powder, gunpowder, or other explosives.
(g) A railroad right-of-way, railroad bridge, railroad tunnel,
railroad shop, railroad yard, or other railroad facility.
(h) A plant and facility for the collection, pumping,
transmission, treatment, outfall, and disposal of sanitary sewerage
or storm and waste water, including a water pollution or quality
control facility.
(i) A quarry used for the purpose of extracting surface or
subsurface material or where explosives are stored or used for that
purpose.
554.1. Any property described in Section 554 may be posted against
trespassing and loitering in the following manner:
(a) If it is not enclosed within a fence and if it is of an area
not exceeding one (1) acre and has no lineal dimension exceeding one
(1) mile, by posting signs at each corner of the area and at each
entrance.
(b) If it is not enclosed within a fence, and if it is of an area
exceeding one (1) acre, or contains any lineal dimension exceeding
one (1) mile, by posting signs along or near the exterior boundaries
of the area at intervals of not more than 600 feet, and also at each
corner, and, if such property has a definite entrance or entrances,
at each such entrance.
(c) If it is enclosed within a fence and if it is of an area not
exceeding one (1) acre, and has no lineal dimension exceeding one (1)
mile, by posting signs at each corner of such fence and at each
entrance.
(d) If it is enclosed within a fence and if it is of an area
exceeding one (1) acre, or has any lineal dimension exceeding one (1)
mile, by posting signs on, or along the line of, such fence at
intervals of not more than 600 feet, and also at each corner and at
each entrance.
(e) If it consists of poles or towers or appurtenant structures
for the suspension of wires or other conductors for conveying
electricity or telegraphic or telephonic messages or of towers or
derricks for the production of oil or gas, by affixing a sign upon
one or more sides of such poles, towers, or derricks, but such
posting shall render only the pole, tower, derrick, or appurtenant
structure posted property.
555. It is unlawful to enter or remain upon any posted property
without the written permission of the owner, tenant, or occupant in
legal possession or control thereof. Every person who enters or
remains upon posted property without such written permission is
guilty of a separate offense for each day during any portion of which
he enters or remains upon such posted property.
555.1. It is unlawful, without authority, to tear down, deface or
destroy any sign posted pursuant to this article.
555.2. It is unlawful to loiter in the immediate vicinity of any
posted property. This section does not prohibit picketing in such
immediate vicinity or any lawful activity by which the public is
informed of the existence of an alleged labor dispute.
555.3. Violation of any of the provisions of this article is a
misdemeanor.
555.4. The provisions of this article are applicable throughout the
State in all counties and municipalities and no local authority shall
enact or enforce any ordinance in conflict with such provisions.
555.5. If any provision of this article, or the application thereof
to any person or circumstance, is held to be invalid, the remainder
of the article, and the application of such provision to other
persons or circumstances, shall not be affected thereby.
If any section, subsection, sentence, clause, or phrase of this
article is for any reason held to be unconstitutional or invalid,
such decision shall not affect the validity or constitutionality of
the remaining portions of this article. The Legislature hereby
declares that it would have passed this article and each section,
subsection, sentence, clause, or phrase thereof, irrespective of the
fact that one or more of the sections, subsections, sentences,
clauses, or phrases thereof be declared unconstitutional or invalid.
[/align]
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Unlawfully Placing Signs on Public and Private
[align=left]
Property
556. It is a misdemeanor for any person to place or maintain, or
cause to be placed or maintained without lawful permission upon any
property of the State, or of a city or of a county, any sign,
picture, transparency, advertisement, or mechanical device which is
used for the purpose of advertising or which advertises or brings to
notice any person, article of merchandise, business or profession, or
anything that is to be or has been sold, bartered, or given away.
556.1. It is a misdemeanor for any person to place or maintain or
cause to be placed or maintained upon any property in which he has no
estate or right of possession any sign, picture, transparency,
advertisement, or mechanical device which is used for the purpose of
advertising, or which advertises or brings to notice any person,
article of merchandise, business or profession, or anything that is
to be or has been sold, bartered, or given away, without the consent
of the owner, lessee, or person in lawful possession of such property
before such sign, picture, transparency, advertisement, or
mechanical device is placed upon the property.
556.2. Sections 556 and 556.1 do not prevent the posting of any
notice required by law or order of any court, to be posted, nor the
posting or placing of any notice, particularly pertaining to the
grounds or premises upon which the notice is so posted or placed, nor
the posting or placing of any notice, sign, or device used
exclusively for giving public notice of the name, direction or
condition of any highway, street, lane, road or alley.
556.3. Any sign, picture, transparency, advertisement, or
mechanical device placed on any property contrary to the provisions
of Sections 556 and 556.1, is a public nuisance.
556.4. For purposes of this article, information that appears on
any sign, picture, transparency, advertisement, or mechanical device
such as, but not limited to, the following, may be used as evidence
to establish the fact, and may create an inference, that a person or
entity is responsible for the posting of the sign, picture,
transparency, advertisement, or mechanical device:
(a) The name, telephone number, address, or other identifying
information regarding the real estate broker, real estate brokerage
firm, real estate agent, or other person associated with the firm.
(b) The name, telephone number, address, or other identifying
information of the owner or lessee of property used for a commercial
activity or event.
(c) The name, telephone number, address, or other identifying
information of the sponsor or promoter of a sporting event, concert,
theatrical performance, or similar activity or event.
[/align]
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Trespass on Property Belonging to the University
[align=left]
Trespass on Property Belonging to the University
of California
558. Every person other than an officer, employee or student of the
University of California, or licensee of the Regents of the
University of California, is forbidden to enter upon those lands
bordering on the Pacific Ocean in San Diego County, which were
granted by Section 1 of Chapter 514 of the Statutes of 1929 to the
Regents of the University of California for the uses and purposes of
the University of California in connection with scientific research
and investigation at the Scripps Institution of Oceanography, or upon
state waters adjacent thereto, or to trespass upon the same, or to
interfere with the exclusive possession, occupation, and use thereof
by the Regents of the University of California.
Nothing herein contained shall be deemed or construed to affect in
any manner the rights of navigation and fishery reserved to the
people by the Constitution.
558.1. Every person who violates any of the provisions of Section
558 is guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not more than six hundred dollars ($600) or by
imprisonment for not more than 30 days, or by both such fine and
imprisonment.
[/align]
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Crimes involving bailments
[align=left]
560. Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who issues or aids in issuing a document of title,
or any person who secures the issue by a bailee of a document of
title, or any person who negotiates or transfers for value a document
of title knowing that the goods for which such document is issued
have not been actually received by such bailee or are not under his
control at the time of issuing such receipt shall be guilty of a
crime and upon conviction shall be punished for each offense by
imprisonment in the state prison or by a fine not exceeding ten
thousand dollars ($10,000) or by both.
560.1. Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who fraudulently issues or aids in fraudulently
issuing a receipt for goods knowing that it contains any false
statement shall be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment not exceeding one year or
by a fine not exceeding one thousand dollars ($1,000) or by both.
560.2. Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who delivers goods out of the possession of such
bailee knowing that a negotiable document of title the negotiation of
which would transfer the right to the possession of such goods is
outstanding and uncanceled without obtaining possession of such
document at or before the time for such delivery shall, except for
the cases in Sections 7210, 7308, 7601 and 7602 of the Uniform
Commercial Code, be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment not exceeding one year or
by a fine not exceeding one thousand dollars ($1,000) or by both.
560.3. Any person who deposits goods with a bailee, as defined in
Section 7102 of the Uniform Commercial Code, to which he has not
title or upon which there is a security interest and who takes for
such goods a negotiable document of title which he afterwards
negotiates for value with intent to deceive and without disclosing
his want of title or the existence of the security interest shall be
guilty of a crime, and upon conviction shall be punished for such
offense by imprisonment not exceeding one year or by a fine not
exceeding one thousand dollars ($1,000) or by both.
560.4. Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who issues or aids in issuing a duplicate or
additional negotiable document of title for goods knowing that a
former negotiable document of title for the same goods or any part
of them is outstanding and uncanceled without plainly placing upon
the face thereof the word "duplicate," except in cases of bills in a
set and documents issued as substitutes for lost, stolen or destroyed
documents, shall be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment in the state prison or by a
fine not exceeding ten thousand dollars ($10,000) or by both.
560.5. Where there are deposited with or held by a warehouseman
goods of which he is owner either solely or jointly or in common with
others such warehouseman or any of his officers, agents, or servants
who knowing of this ownership issues or aids in issuing a negotiable
document of title for such goods which does not state such
ownership, shall be guilty of a crime and upon conviction shall be
punished for each offense by imprisonment not exceeding one year or
by a fine not exceeding one thousand dollars ($1,000) or by both.
560.6. (1) A corporation, firm, or person, and its or his agents or
employees shall not issue, sell, pledge, assign, or transfer in this
State any receipt, certificate, or other written instrument
purporting to be a warehouse receipt, or in the similitude of a
warehouse receipt, or designed to be understood as a warehouse
receipt, for goods, wares, or merchandise stored or deposited, or
claimed to be stored or deposited, in any warehouse, public or
private, in any other state, unless such receipt, certificate, or
other written instrument has been issued by the warehouseman
operating such warehouse.
(2) A corporation, firm, or person, and its or his agents or
employees shall not issue, sell, pledge, assign, or transfer in this
State any receipt, certificate, or other written instrument for
goods, wares, or merchandise claimed to be stored or deposited, in
any warehouse, public or private, in any other state, knowing that
there is no such warehouse located at the place named in such
receipt, certificate, or other written instrument, or if there is a
warehouse at such place knowing that there are no goods, wares, or
merchandise stored or deposited therein as specified in such receipt,
certificate, or other written instrument.
(3) A corporation, firm, or person, and its or his agents or
employees shall not issue, sign, sell, pledge, assign, or transfer in
this State any receipt, certificate, or other written instrument
evidencing, or purporting to evidence, the creation of a security
interest in, or sale, or bailment, of any goods, wares, or
merchandise stored or deposited, or claimed to be stored or
deposited, in any warehouse, public or private, in any other state,
unless such receipt, certificate, or other written instrument plainly
designates the number and location of such warehouse and contains a
full, true, and complete copy of the receipt issued by the
warehouseman operating the warehouse in which such goods, wares, or
merchandise is stored or deposited, or is claimed to be stored or
deposited. This section shall not apply to the issue, signing, sale,
pledge, assignment, or transfer of bona fide warehouse receipts
issued by the warehouseman operating public or bonded warehouses in
other states according to the laws of the state in which such
warehouses are located.
(4) Every corporation, firm, person, agent, or employee, who
knowingly violates any of the provisions of this section is guilty of
a misdemeanor, and shall be fined not less than fifty dollars ($50)
nor more than one thousand dollars ($1,000), and may in addition be
imprisoned in the county jail for not exceeding six months.
[/align]
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Crimes involving branded containers, cabinets,
[align=left]
CRIMES INVOLVING BRANDED CONTAINERS, CABINETS,
OR OTHER DAIRY EQUIPMENT
565. It is a misdemeanor, punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or both, for an unauthorized person to possess
or use, or to obliterate or destroy the brand registration upon,
containers (including milk cases), cabinets, or other dairy
equipment, which have a value of four hundred dollars ($400) or less,
when the containers, cabinets, or other dairy equipment are marked
with a brand that is registered pursuant to Chapter 10 (commencing
with Section 34501) of Part 1 of Division 15 of the Food and
Agricultural Code. "Unauthorized person" shall have the meaning of
that term as defined in Section 34564 of the Food and Agricultural
Code.
566. It is a felony, punishable by a fine not exceeding one
thousand five hundred dollars ($1,500), or by imprisonment, or both,
for an unauthorized person to possess or use, or to obliterate or
destroy the brand registration upon, containers (including milk
cases), cabinets, or other dairy equipment, which have a value in
excess of four hundred dollars ($400), when the containers, cabinets,
or other dairy equipment are marked with a brand that is registered
pursuant to Chapter 10 (commencing with Section 34501) of Part 1 of
Division 15 of the Food and Agricultural Code. "Unauthorized person"
shall have the meaning of that term as defined in Section 34564 of
the Food and Agricultural Code.
[/align]
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Unlawful subleasing of motor vehicles
[align=left]
570. An act of unlawful subleasing of a motor vehicle, as defined
in Section 571, shall be punishable by imprisonment in the state
prison or in the county jail for not more than one year, or by a fine
of not more than ten thousand dollars ($10,000), or by both that
fine and imprisonment.
571. (a) A person engages in an act of unlawful subleasing of a
motor vehicle if all of the following conditions are met:
(1) The motor vehicle is subject to a lease contract, conditional
sale contract, or security agreement the terms of which prohibit the
transfer or assignment of any right or interest in the motor vehicle
or under the lease contract, conditional sale contract, or security
agreement.
(2) The person is not a party to the lease contract, conditional
sale contract, or security agreement.
(3) The person transfers or assigns, or purports to transfer or
assign, any right or interest in the motor vehicle or under the lease
contract, conditional sale contract, or security agreement, to any
person who is not a party to the lease contract, conditional sale
contract, or security agreement.
(4) The person does not obtain, prior to the transfer or
assignment described in paragraph (3), written consent to the
transfer or assignment from the motor vehicle's lessor, seller, or
secured party.
(5) The person receives compensation or some other consideration
for the transfer or assignment described in paragraph (3).
(b) A person engages in an act of unlawful subleasing of a motor
vehicle when the person is not a party to the lease contract,
conditional sale contract, or security agreement, and assists,
causes, or arranges an actual or purported transfer or assignment, as
described in subdivision (a).
572. (a) The actual or purported transfer or assignment, or the
assisting, causing, or arranging of an actual or purported transfer
or assignment, of any right or interest in a motor vehicle or under a
lease contract, conditional sale contract, or security agreement, by
an individual who is a party to the lease contract, conditional sale
contract, or security agreement is not an act of unlawful subleasing
of a motor vehicle and is not subject to prosecution.
(b) This chapter shall not affect the enforceability of any
provision of any lease contract, conditional sale contract, security
agreement, or direct loan agreement by any party thereto.
573. (a) The penalties under this chapter are in addition to any
other remedies or penalties provided by law for the conduct
proscribed by this chapter.
(b) If any provision of this chapter or the application thereof to
any person or circumstance is held to be unconstitutional, the
remainder of the chapter and the application of its provisions to
other persons and circumstances shall not be affected thereby.
574. As used in this chapter, the following terms have the
following meanings:
(a) "Buyer" has the meaning set forth in subdivision (c) of
Section 2981 of the Civil Code.
(b) "Conditional sale contract" has the meaning set forth in
subdivision (a) of Section 2981 of the Civil Code. Notwithstanding
subdivision (k) of Section 2981 of the Civil Code, "conditional sale
contract" includes any contract for the sale or bailment of a motor
vehicle between a buyer and a seller primarily for business or
commercial purposes.
(c) "Direct loan agreement" means an agreement between a lender
and a purchaser whereby the lender has advanced funds pursuant to a
loan secured by the motor vehicle which the purchaser has purchased.
(d) "Lease contract" means a lease contract between a lessor and
lessee as this term and these parties are defined in Section 2985.7
of the Civil Code. Notwithstanding subdivision (d) of Section 2985.7
of the Civil Code, "lease contract" includes a lease for business or
commercial purposes.
(e) "Motor vehicle" means any vehicle required to be registered
under the Vehicle Code.
(f) "Person" means an individual, company, firm, association,
partnership, trust, corporation, limited liability company, or other
legal entity.
(g) "Purchaser" has the meaning set forth in paragraph (30) of
subdivision (b) of Section 1201 of the Commercial Code.
(h) "Security agreement" and "secured party" have the meanings set
forth, respectively, in paragraphs (73) and (72) of subdivision (a)
of Section 9102 of the Commercial Code. "Security interest" has the
meaning set forth in paragraph (35) of subdivision (b) of Section
1201 of the Commercial Code.
(i) "Seller" has the meaning set forth in subdivision (b) of
Section 2981 of the Civil Code, and includes the present holder of
the conditional sale contract.
[/align]
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Fraudulent issue of documents of title to merchandise
[align=left]577. Every person, being the master, owner or agent of any vessel,
or officer or agent of any railroad, express or transportation
company, or otherwise being or representing any carrier, who delivers
any bill of lading, receipt or other voucher, by which it appears
that any merchandise of any description has been shipped on board any
vessel, or delivered to any railroad, express or transportation
company or other carrier, unless the same has been so shipped or
delivered, and is at the time actually under the control of such
carrier or the master, owner or agent of such vessel, or of some
officer or agent of such company, to be forwarded as expressed in
such bill of lading, receipt or voucher, is punishable by
imprisonment in the state prison, or by a fine not exceeding one
thousand dollars ($1,000), or both.
578. Every person carrying on the business of a warehouseman,
wharfinger, or other depositary of property, who issues any receipt,
bill of lading, or other voucher for any merchandise of any
description, which has not been actually received upon the premises
of such person, and is not under his actual control at the time of
issuing such instrument, whether such instrument is issued to a
person as being the owner of such merchandise or as security for any
indebtedness, is punishable by imprisonment in the state prison, or
by a fine not exceeding one thousand dollars ($1,000), or both.
579. No person shall be convicted of an offense under Section 577
or 578 by reason that the contents of any barrel, box, case, cask, or
other vessel or package mentioned in the bill of lading, receipt, or
other voucher did not correspond with the description given in the
instrument of the merchandise received, if the description
corresponded substantially with the marks, labels, or brands upon
the outside of the vessel or package, unless it appears that the
accused knew that the marks, labels, or brands were untrue.
580. Every person mentioned in this chapter, who issues any second
or duplicate receipt or voucher, of a kind specified therein, at a
time while any former receipt or voucher for the merchandise
specified in such second receipt is outstanding and uncanceled,
without writing across the face of the same the word "Duplicate," in
a plain and legible manner, is punishable by imprisonment in the
state prison, or by a fine not exceeding one thousand dollars
($1,000), or both.
581. Every person mentioned in this chapter, who sells,
hypothecates, or pledges any merchandise for which any bill of
lading, receipt, or voucher has been issued by him, without the
consent in writing thereto of the person holding such bill, receipt,
or voucher, is punishable by imprisonment in the state prison, or by
a fine not exceeding one thousand dollars ($1,000), or both.
583. Section 581 does not apply where property is demanded or sold
by virtue of process of law.[/align]
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Malicious injuries to railroad bridges, highways,
[align=left]
MALICIOUS INJURIES TO RAILROAD BRIDGES, HIGHWAYS,
BRIDGES, AND TELEGRAPHS
587. Every person who maliciously, either:
1. Removes, displaces, injures, or destroys any part of any
railroad, whether for steam or horse cars, or any track of any
railroad, or any branch or branchway, switch, turnout, bridge,
viaduct, culvert, embankment, station house, or other structure or
fixture, or any part thereof, attached to or connected with any
railroad; or,
2. Places any obstruction upon the rails or track of any railroad,
or of any switch, branch, branchway, or turnout connected with any
railroad;
Is punishable by imprisonment in the state prison, or in the
county jail not exceeding one year.
587.1. (a) Every person who maliciously moves or causes to be
moved, without authorization, any locomotive, is guilty of a
misdemeanor punishable by imprisonment in the county jail not
exceeding one year.
(b) Every person who maliciously moves or causes to be moved,
without authorization, any locomotive, when the moving creates a
substantial likelihood of causing personal injury or death to
another, is guilty of a public offense punishable by imprisonment in
the state prison, or in the county jail not exceeding one year.
587a. Every person, who, without being thereunto duly authorized by
the owner, lessee, or person or corporation engaged in the operation
of any railroad, shall manipulate or in anywise tamper or interfere
with any air brake or other device, appliance or apparatus in or upon
any car or locomotive upon such railroad, and used or provided for
use in the operation of such car or locomotive, or of any train upon
such railroad, or with any switch, signal or other appliance or
apparatus used or provided for use in the operation of such railroad,
shall be deemed guilty of a misdemeanor.
587b. Every person, who shall, without being thereunto authorized
by the owner, lessee, person or corporation operating any railroad,
enter into, climb upon, hold to, or in any manner attach himself to
any locomotive, locomotive-engine tender, freight or passenger car
upon such railroad, or any portion of any train thereon, shall be
deemed guilty of a misdemeanor, and, upon conviction thereof shall be
punished by a fine not exceeding fifty dollars ($50), or by
imprisonment not exceeding 30 days, or by both such fine and
imprisonment.
587c. Every person who fraudulently evades, or attempts to evade
the payment of his fare, while traveling upon any railroad, shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine of not more than five hundred dollars, or
imprisonment not exceeding six months, or by both such fine and
imprisonment.
588. Every person who negligently, willfully or maliciously digs
up, removes, displaces, breaks down or otherwise injures or destroys
any state or other public highway or bridge, or any private way, laid
out by authority of law, or bridge upon any such highway or private
way, or who negligently, willfully or maliciously sprinkles, drains,
diverts or in any manner permits water from any sprinkler, ditch,
canal, flume, or reservoir to flow upon or saturate by seepage any
public highway, which act tends to damage such highway or tends to be
a hazard to traffic thereon, shall be guilty of a misdemeanor. This
section shall not apply to the natural flow of surface or flood
waters that are not diverted, accelerated or concentrated by such
person.
588a. Any person who throws or deposits any oil, glass bottle,
glass, nails, tacks, hoops, wire, cans, or any other substance likely
to injure any person, animal or vehicle upon any public highway in
the State of California shall be guilty of a misdemeanor; provided,
however, that any person who willfully deposits any such substance
upon any public highway in the State of California with the intent to
cause great bodily injury to other persons using the highway shall
be guilty of a felony.
588b. Any person who wilfully breaks down, removes, injures, or
destroys any barrier or obstruction erected or placed in or upon any
road or highway by the authorities in charge thereof, or by any
authorized contractor engaged in the construction or maintenance
thereof, or who tears down, defaces, removes, or destroys any
warnings, notices, or directional signs erected, placed or posted in,
upon, or adjacent to any road or highway, or who extinguishes,
removes, injures, or destroys any warning light or lantern, or
reflectorized warning or directional sign, erected, placed or
maintained by any such authority in, upon or adjacent to any such
road or highway, shall be guilty of a misdemeanor.
590. Every person who maliciously removes, destroys, injures,
breaks or defaces any mile post, board or stone, or guide post
erected on or near any highway, or any inscription thereon, is guilty
of a misdemeanor.
590a. One-half of all fines imposed and collected under Section 590
shall be paid to the informer who first causes a complaint to be
filed charging the defendant with the violation of Section 590.
591. A person who unlawfully and maliciously takes down, removes,
injures, or obstructs any line of telegraph, telephone, or cable
television, or any other line used to conduct electricity, or any
part thereof, or appurtenances or apparatus connected therewith, or
severs any wire thereof, or makes any unauthorized connection with
any line, other than a telegraph, telephone, or cable television
line, used to conduct electricity, or any part thereof, or
appurtenances or apparatus connected therewith, is punishable by
imprisonment in the state prison, or by a fine not exceeding five
hundred dollars ($500), or imprisonment in the county jail not
exceeding one year.
591.5. A person who unlawfully and maliciously removes, injures,
destroys, damages, or obstructs the use of any wireless communication
device with the intent to prevent the use of the device to summon
assistance or notify law enforcement or any public safety agency of a
crime is guilty of a misdemeanor.
592. (a) Every person who shall, without authority of the owner or
managing agent, and with intent to defraud, take water from any
canal, ditch, flume, or reservoir used for the purpose of holding or
conveying water for manufacturing, agricultural, mining, irrigating,
generation of power, or domestic uses is guilty of a misdemeanor.
(b) If the total retail value of all the water taken is more than
four hundred dollars ($400), or if the defendant has previously been
convicted of an offense under this section or any former section that
would be an offense under this section, or of an offense under the
laws of another state or of the United States that would have been an
offense under this section if committed in this state, then the
violation is punishable by imprisonment in the county jail for not
more than one year, or in the state prison.
593. Every person who unlawfully and maliciously takes down,
removes, injures, interferes with, or obstructs any line erected or
maintained by proper authority for the purpose of transmitting
electricity for light, heat, or power, or any part thereof, or any
insulator or crossarm, appurtenance or apparatus connected therewith,
or severs or in any way interferes with any wire, cable, or current
thereof, is punishable by imprisonment in the state prison, or by
fine not exceeding one thousand dollars ($1,000), or imprisonment in
the county jail not exceeding one year.
593a. (a) Every person who maliciously drives or places, in any
tree, saw-log, shingle-bolt, or other wood, any iron, steel, ceramic,
or other substance sufficiently hard to injure saws, knowing that
the tree is intended to be harvested or that the saw-log,
shingle-bolt, or other wood is intended to be manufactured into any
kind of lumber or other wood product, is guilty of a felony.
(b) Any person who violates subdivision (a) and causes bodily
injury to another person other than an accomplice shall, in addition
and consecutive to the punishment prescribed for that felony, be
punished by an additional prison term of three years.
593b. Every person who shall, without the written permission of the
owner, lessee, or person or corporation operating any electrical
transmission line, distributing line or system, climb upon any pole,
tower or other structure which is a part of such line or system and
is supporting or is designed to support a wire or wires, cable or
cables, for the transmission or distribution of electric energy,
shall be deemed guilty of a misdemeanor; provided, that nothing
herein shall apply to employees of either privately or publicly owned
public utilities engaged in the performance of their duties.
593c. Every person who willfully and maliciously breaks, digs up,
obstructs, interferes with, removes or injures any pipe or main or
hazardous liquid pipeline erected, operated, or maintained for the
purpose of transporting, conveying or distributing gas or other
hazardous liquids for light, heat, power or any other purpose, or any
part thereof, or any valve, meter, holder, compressor, machinery,
appurtenance, equipment or apparatus connected with any such main or
pipeline, or used in connection with or affecting the operation
thereof or the conveying of gas or hazardous liquid therethrough, or
shuts off, removes, obstructs, injures, or in any way interferes with
any valve or fitting installed on, connected to, or operated in
connection with any such main or pipeline, or controlling or
affecting the flow of gas or hazardous liquid through any such main
or pipeline, is guilty of a felony.
593d. (a) Except as provided in subdivision (e), any person who,
for the purpose of intercepting, receiving, or using any program or
other service carried by a multichannel video or information services
provider that the person is not authorized by that provider to
receive or use, commits any of the following acts is guilty of a
public offense:
(1) Knowingly and willfully makes or maintains an unauthorized
connection or connections, whether physically, electrically,
electronically, or inductively, to any cable, wire, or other
component of a multichannel video or information services provider's
system or to a cable, wire or other media, or receiver that is
attached to a multichannel video or information services provider's
system.
(2) Knowingly and willfully purchases, possesses, attaches, causes
to be attached, assists others in attaching, or maintains the
attachment of any unauthorized device or devices to any cable, wire,
or other component of a multichannel video or information services
provider's system or to a cable, wire or other media, or receiver
that is attached to a multichannel video or information services
provider's system.
(3) Knowingly and willfully makes or maintains any modification or
alteration to any device installed with the authorization of a
multichannel video or information services provider.
(4) Knowingly and willfully makes or maintains any modifications
or alterations to an access device that authorizes services or
knowingly and willfully obtains an unauthorized access device and
uses the modified, altered, or unauthorized access device to obtain
services from a multichannel video or information services provider.
For purposes of this section, each purchase, possession,
connection, attachment, or modification shall constitute a separate
violation of this section.
(b) Except as provided in subdivision (e), any person who
knowingly and willfully manufactures, assembles, modifies, imports
into this state, distributes, sells, offers to sell, advertises for
sale, or possesses for any of these purposes, any device or kit for a
device, designed, in whole or in part, to decrypt, decode,
descramble, or otherwise make intelligible any encrypted, encoded,
scrambled, or other nonstandard signal carried by a multichannel
video or information services provider, unless the device has been
granted an equipment authorization by the Federal Communications
Commission (FCC), is guilty of a public offense.
For purposes of this subdivision, "encrypted, encoded, scrambled,
or other nonstandard signal" means any type of signal or transmission
that is not intended to produce an intelligible program or service
without the use of a special device, signal, or information provided
by the multichannel video or information services provider or its
agents to authorized subscribers.
(c) Every person who knowingly and willfully makes or maintains an
unauthorized connection or connections with, whether physically,
electrically, electronically, or inductively, or who attaches, causes
to be attached, assists others in attaching, or maintains any
attachment to, any cable, wire, or other component of a multichannel
video or information services provider's system, for the purpose of
interfering with, altering, or degrading any multichannel video or
information service being transmitted to others, or for the purpose
of transmitting or broadcasting any program or other service not
intended to be transmitted or broadcast by the multichannel video or
information services provider, is guilty of a public offense.
For purposes of this section, each transmission or broadcast shall
constitute a separate violation of this section.
(d) (1) Any person who violates subdivision (a) shall be punished
by a fine not exceeding one thousand dollars ($1,000), by
imprisonment in a county jail not exceeding 90 days, or by both that
fine and imprisonment.
(2) Any person who violates subdivision (b) shall be punished as
follows:
(A) If the violation involves the manufacture, assembly,
modification, importation into this state, distribution,
advertisement for sale, or possession for sale or for any of these
purposes, of 10 or more of the items described in subdivision (b), or
the sale or offering for sale of five or more items for financial
gain, the person shall be punished by imprisonment in a county jail
not exceeding one year, or in the state prison, by a fine not
exceeding two hundred fifty thousand dollars ($250,000), or by both
that imprisonment and fine.
(B) If the violation involves the manufacture, assembly,
modification, importation into this state, distribution,
advertisement for sale, or possession for sale or for any of these
purposes, of nine or less of the items described in subdivision (b),
or the sale or offering for sale of four or less items for financial
gain, shall upon a conviction of a first offense, be punished by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding twenty-five thousand dollars ($25,000), or by both that
imprisonment and fine. A second or subsequent conviction shall be
punished by imprisonment in a county jail not exceeding one year, or
in the state prison, by a fine not exceeding one hundred thousand
dollars ($100,000), or by both that imprisonment and fine.
(3) Any person who violates subdivision (c) shall be punished by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment
in a county jail, or by both that fine and imprisonment.
(e) Any device or kit described in subdivision (a) or (b) seized
under warrant or incident to a lawful arrest, upon the conviction of
a person for a violation of subdivision (a) or (b), may be destroyed
as contraband by the sheriff.
(f) Any person who violates this section shall be liable in a
civil action to the multichannel video or information services
provider for the greater of the following amounts:
(1) Five thousand dollars ($5,000).
(2) Three times the amount of actual damages, if any, sustained by
the plaintiff plus reasonable attorney's fees.
A defendant who prevails in the action shall be awarded his or her
reasonable attorney's fees.
(g) Any multichannel video or information services provider may,
in accordance with the provisions of Chapter 3 (commencing with
Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
bring an action to enjoin and restrain any violation of this section,
and may in the same action seek damages as provided in subdivision
(f).
(h) It is not a necessary prerequisite to an action pursuant to
this section that the plaintiff has suffered, or be threatened with,
actual damages.
(i) For the purposes of this section, a "multichannel video or
information services provider" means a franchised or otherwise duly
licensed cable television system, video dialtone system, Multichannel
Multipoint Distribution Service system, Direct Broadcast Satellite
system, or other system providing video or information services that
are distributed via cable, wire, radio frequency, or other media. A
video dialtone system is a platform operated by a public utility
telephone corporation for the transport of video programming as
authorized by the Federal Communications Commission pursuant to FCC
Docket No. 87-266, and any subsequent decisions related to that
docket, subject to any rules promulgated by the FCC pursuant to those
decisions.
593e. (a) Every person who knowingly and willfully makes or
maintains an unauthorized connection or connections, whether
physically, electrically, or inductively, or purchases, possesses,
attaches, causes to be attached, assists others in or maintains the
attachment of any unauthorized device or devices to a television set
or to other equipment designed to receive a television broadcast or
transmission, or makes or maintains any modification or alteration to
any device installed with the authorization of a subscription
television system, for the purpose of intercepting, receiving, or
using any program or other service carried by the subscription
television system which the person is not authorized by that
subscription television system to receive or use, is guilty of a
misdemeanor punishable by a fine not exceeding one thousand dollars
($1,000), or by imprisonment in a county jail not exceeding 90 days,
or by both that fine and imprisonment. For the purposes of this
section, each purchase, possession, connection, attachment or
modification shall constitute a separate violation of this section.
(b) Every person who, without the express authorization of a
subscription television system, knowingly and willfully manufactures,
imports into this state, assembles, distributes, sells, offers to
sell, possesses, advertises for sale, or otherwise provides any
device, any plan, or any kit for a device or for a printed circuit,
designed in whole or in part to decode, descramble, intercept, or
otherwise make intelligible any encoded, scrambled, or other
nonstandard signal carried by that subscription television system, is
guilty of a misdemeanor punishable by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in a county jail, or
by both that fine and imprisonment. A second or subsequent
conviction is punishable by a fine not exceeding twenty thousand
dollars ($20,000), or by imprisonment in a county jail for up to one
year, or by both that fine and imprisonment.
(c) Any person who violates the provisions of subdivision (a)
shall be liable to the subscription television system for civil
damages in the amount of the value of the connection and subscription
fees service actually charged by the subscription television system
for the period of unauthorized use according to proof.
Any person who violates the provisions of subdivision (b) shall be
liable to the subscription television system at the election of the
subscription television system for either of the following amounts:
(1) An award of statutory damages in an aggregate amount of not
less than five hundred dollars ($500) or more than ten thousand
dollars ($10,000), as the court deems just, for each device, plan, or
kit for a device, or for a printed circuit manufactured, imported,
assembled, sold, offered for sale, possessed, advertised for sale, or
otherwise provided in violation of subdivision (b), to be awarded
instead of actual damages and profits.
(2) Three times the amount of actual damages sustained by the
plaintiff as a result of the violation or violations of this section
and any revenues which have been obtained by the defendant as a
result of the violation or violations, or an amount equal to three
times the value of the services unlawfully obtained, or the sum of
five hundred dollars ($500) for each unauthorized device
manufactured, sold, used, or distributed, whichever is greater, and,
when appropriate, punitive damages. For the purposes of this
subdivision, revenues which have been obtained by the defendant as a
result of a violation or violations of this section shall not be
included in computing actual damages.
In a case where the court finds that any activity set forth in
subdivision (b) was committed knowingly and willfully and for
purposes of commercial advantage or private financial gain, the court
in its discretion may increase the award of damages, whether actual
or statutory, by an amount of not more than fifty thousand dollars
($50,000). It shall not constitute a use for "commercial advantage
or private financial gain" for any person to receive a subscription
television signal within a residential unit as defined herein.
(d) In any civil action filed pursuant to this section, the court
shall allow the recovery of full costs plus an award of reasonable
attorney's fees to the prevailing party.
(e) Any subscription television system may, in accordance with the
provisions of Chapter 3 (commencing with Section 525) of Title 7 of
Part 2 of the Code of Civil Procedure, bring an action to enjoin and
restrain any violation of this section without having to make a
showing of special or irreparable damage, and may in the same action
seek damages as provided in subdivision (c). Upon the execution of a
proper bond against damages for an injunction improvidently granted,
a temporary restraining order or a preliminary injunction may be
issued in any action before a final determination on the merits.
(f) It is not necessary that the plaintiff have incurred actual
damages, or be threatened with incurring actual damages, as a
prerequisite to bringing an action pursuant to this section.
(g) For the purposes of this section, an encoded, scrambled, or
other nonstandard signal shall include, without limitation, any type
of distorted signal or transmission that is not intended to produce
an intelligible program or service without the use of special devices
or information provided by the sender for the receipt of this type
of signal or transmission.
(h) (1) For the purposes of this section, a "subscription
television system" means a television system which sends an encoded,
scrambled, or other nonstandard signal over the air which is not
intended to be received in an intelligible form without special
equipment provided by or authorized by the sender.
(2) For purposes of this section, "residential unit" is defined as
any single-family residence, mobilehome within a mobilehome park,
condominium, unit or an apartment or multiple-housing unit leased or
rented for residential purposes.
593f. Every person who for profit knowingly and willfully
manufactures, distributes, or sells any device or plan or kit for a
device, or printed circuit containing circuitry for decoding or
addressing with the purpose or intention of facilitating decoding or
addressing of any over-the-air transmission by a Multi-point
Distribution Service or Instructional Television Fixed Service made
pursuant to authority granted by the Federal Communications
Commission which is not authorized by the Multi-point Distribution
Service or the Instructional Television Fixed Service is guilty of a
misdemeanor punishable by a fine not exceeding two thousand five
hundred dollars ($2,500) or by imprisonment in the county jail not
exceeding 90 days, or both.
593g. Every person who, with the intent to use it in a violation of
Section 593a, possesses any iron, steel, ceramic, or other substance
sufficiently hard to injure saws or wood manufacturing or processing
equipment, shall be punished by imprisonment in the county jail not
to exceed one year.
This section shall only become operative if Senate Bill 1176 of
the 1987 -88 Regular Session of the Legislature is enacted and
becomes effective on or before January 1, 1988.
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Malicious mischief
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594. (a) Every person who maliciously commits any of the following
acts with respect to any real or personal property not his or her
own, in cases other than those specified by state law, is guilty of
vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
Whenever a person violates this subdivision with respect to real
property, vehicles, signs, fixtures, furnishings, or property
belonging to any public entity, as defined by Section 811.2 of the
Government Code, or the federal government, it shall be a permissive
inference that the person neither owned the property nor had the
permission of the owner to deface, damage, or destroy the property.
(b) (1) If the amount of defacement, damage, or destruction is
four hundred dollars ($400) or more, vandalism is punishable by
imprisonment in the state prison or in a county jail not exceeding
one year, or by a fine of not more than ten thousand dollars
($10,000), or if the amount of defacement, damage, or destruction is
ten thousand dollars ($10,000) or more, by a fine of not more than
fifty thousand dollars ($50,000), or by both that fine and
imprisonment.
(2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
(B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has been
previously convicted of vandalism or affixing graffiti or other
inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7, vandalism is punishable by imprisonment in a county jail for
not more than one year, or by a fine of not more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
(c) Upon conviction of any person under this section for acts of
vandalism consisting of defacing property with graffiti or other
inscribed materials, the court may, in addition to any punishment
imposed under subdivision (b), order the defendant to clean up,
repair, or replace the damaged property himself or herself, or order
the defendant, and his or her parents or guardians if the defendant
is a minor, to keep the damaged property or another specified
property in the community free of graffiti for up to one year.
Participation of a parent or guardian is not required under this
subdivision if the court deems this participation to be detrimental
to the defendant, or if the parent or guardian is a single parent who
must care for young children.
(d) If a minor is personally unable to pay a fine levied for acts
prohibited by this section, the parent of that minor shall be liable
for payment of the fine. A court may waive payment of the fine, or
any part thereof, by the parent upon a finding of good cause.
(e) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design, that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(f) The court may order any person ordered to perform community
service or graffiti removal pursuant to paragraph (1) of subdivision
(c) to undergo counseling.
(g) This section shall become operative on January 1, 2002.
594.1. (a) (1) It shall be unlawful for any person, firm, or
corporation, except a parent or legal guardian, to sell or give or in
any way furnish to another person, who is in fact under the age of
18 years, any etching cream or aerosol container of paint that is
capable of defacing property without first obtaining bona fide
evidence of majority and identity.
(2) For purposes of this section, "etching cream" means any
caustic cream, gel, liquid, or solution capable, by means of a
chemical action, of defacing, damaging, or destroying hard surfaces
in a manner similar to acid.
(3) For purposes of this subdivision, "bona fide evidence of
majority and identity" is any document evidencing the age and
identity of an individual which has been issued by a federal, state,
or local governmental entity, and includes, but is not limited to, a
motor vehicle operator's license, a registration certificate issued
under the federal Selective Service Act, or an identification card
issued to a member of the armed forces.
(4) This subdivision shall not apply to the furnishing of six
ounces or less of etching cream or an aerosol container of paint to a
minor for the minor's use or possession under the supervision of the
minor's parent, guardian, instructor, or employer.
(5) Etching cream, aerosol containers of paint, or related
substances may be furnished for use in school-related activities that
are part of the instructional program when used under controlled and
supervised situations within the classroom or on the site of a
supervised project. These containers may not leave the supervised
site and shall be inventoried by the instructor. This use shall
comply with Section 32060 of the Education Code regarding the safe
use of toxic art supplies in schools.
(b) It shall be unlawful for any person under the age of 18 years
to purchase etching cream or an aerosol container of paint that is
capable of defacing property.
(c) Every retailer selling or offering for sale in this state
etching cream or aerosol containers of paint capable of defacing
property shall post in a conspicuous place a sign in letters at least
three-eighths of an inch high stating: "Any person who maliciously
defaces real or personal property with etching cream or paint is
guilty of vandalism which is punishable by a fine, imprisonment, or
both."
(d) It is unlawful for any person to carry on his or her person
and in plain view to the public etching cream or an aerosol container
of paint while in any posted public facility, park, playground,
swimming pool, beach, or recreational area, other than a highway,
street, alley, or way, unless he or she has first received valid
authorization from the governmental entity which has jurisdiction
over the public area.
As used in this subdivision, "posted" means a sign placed in a
reasonable location or locations stating it is a misdemeanor to
possess etching cream or a spray can of paint in that public
facility, park, playground, swimming pool, beach, or recreational
area without valid authorization.
(e) (1) It is unlawful for any person under the age of 18 years to
possess etching cream or an aerosol container of paint for the
purpose of defacing property while on any public highway, street,
alley, or way, or other public place, regardless of whether that
person is or is not in any automobile, vehicle, or other conveyance.
(2) As a condition of probation for any violation of this
subdivision, the court may order a defendant convicted of a violation
of this subdivision to perform community service as follows:
(A) For a first conviction under this subdivision, community
service not to exceed 100 hours over a period not to exceed 90 days
during a time other than his or her hours of school attendance or
employment.
(B) If the person has a prior conviction under this subdivision,
community service not to exceed 200 hours over a period of 180 days
during a time other than his or her hours of school attendance or
employment.
(C) If the person has two prior convictions under this
subdivision, community service not to exceed 300 hours over a period
not to exceed 240 days during a time other than his or her hours of
school attendance or employment.
(f) Violation of any provision of this section is a misdemeanor.
Upon conviction of any person under this section, the court may, in
addition to any other punishment imposed, if the jurisdiction has
adopted a graffiti abatement program as defined in subdivision (f) of
Section 594, order the defendant, and his or her parents or
guardians if the defendant is a minor, to keep the damaged property
or another specified property in the community free of graffiti, as
follows:
(1) For a first conviction under this section, for 90 days.
(2) If the defendant has a prior conviction under this section,
for 180 days.
(3) If the defendant has two or more prior convictions under this
section, for 240 days.
Participation of a parent or guardian is not required under this
subdivision if the court deems this participation to be detrimental
to the defendant, or if the parent or guardian is a single parent who
must care for young children.
(g) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (e) or (f) to
undergo counseling.
594.2. (a) Every person who possesses a masonry or glass drill bit,
a carbide drill bit, a glass cutter, a grinding stone, an awl, a
chisel, a carbide scribe, an aerosol paint container, a felt tip
marker, or any other marking substance with the intent to commit
vandalism or graffiti, is guilty of a misdemeanor.
(b) As a condition of probation for any violation of this section,
the court may order the defendant to perform community service not
to exceed 90 hours during a time other than his or her hours of
school attendance or employment.
(c) For the purposes of this section:
(1) "Felt tip marker" means any broad-tipped marker pen with a tip
exceeding three-eighths of one inch in width, or any similar
implement containing an ink that is not water soluble.
(2) "Marking substance" means any substance or implement, other
than aerosol paint containers and felt tip markers, that could be
used to draw, spray, paint, etch, or mark.
594.3. (a) Any person who knowingly commits any act of vandalism to
a church, synagogue, mosque, temple, building owned and occupied by
a religious educational institution, or other place primarily used as
a place of worship where religious services are regularly conducted
or a cemetery is guilty of a crime punishable by imprisonment in the
state prison or by imprisonment in the county jail for not exceeding
one year.
(b) Any person who knowingly commits any act of vandalism to a
church, synagogue, mosque, temple, building owned and occupied by a
religious educational institution, or other place primarily used as a
place of worship where religious services are regularly conducted or
a cemetery, which is shown to have been a hate crime and to have
been committed for the purpose of intimidating and deterring persons
from freely exercising their religious beliefs, is guilty of a felony
punishable by imprisonment in the state prison.
(c) For purposes of this section, "hate crime" has the same
meaning as Section 422.55.
594.35. Every person is guilty of a crime and punishable by
imprisonment in the state prison or by imprisonment in a county jail
for not exceeding one year, who maliciously does any of the
following:
(a) Destroys, cuts, mutilates, effaces, or otherwise injures,
tears down, or removes any tomb, monument, memorial, or marker in a
cemetery, or any gate, door, fence, wall, post or railing, or any
inclosure for the protection of a cemetery or mortuary or any
property in a cemetery or mortuary.
(b) Obliterates any grave, vault, niche, or crypt.
(c) Destroys, cuts, breaks or injures any mortuary building or any
building, statuary, or ornamentation within the limits of a
cemetery.
(d) Disturbs, obstructs, detains or interferes with any person
carrying or accompanying human remains to a cemetery or funeral
establishment, or engaged in a funeral service, or an interment.
594.4. (a) Any person who willfully and maliciously injects into or
throws upon, or otherwise defaces, damages, destroys, or
contaminates, any structure with butyric acid, or any other similar
noxious or caustic chemical or substance, is guilty of a public
offense, punishable by imprisonment in the state prison or in a
county jail, by a fine as specified in subdivision (b), or by both
that imprisonment and fine.
(b) (1) If the amount of the defacement, damage, destruction, or
contamination is fifty thousand dollars ($50,000) or more, by a fine
of not more than fifty thousand dollars ($50,000).
(2) If the amount of the defacement, damage, destruction, or
contamination is five thousand dollars ($5,000) or more, but less
than fifty thousand dollars ($50,000), by a fine of not more than ten
thousand dollars ($10,000).
(3) If the amount of defacement, damage, destruction, or
contamination is four hundred dollars ($400) or more, but less than
five thousand dollars ($5,000), by a fine of not more than five
thousand dollars ($5,000).
(4) If the amount of the defacement, damage, destruction, or
contamination is less than four hundred dollars ($400), by a fine of
not more than one thousand dollars ($1,000).
(c) For purposes of this section, "structure" includes any house
or other building being used at the time of the offense for a
dwelling or for commercial purposes.
594.5. Nothing in this code shall invalidate an ordinance of, nor
be construed to prohibit the adoption of an ordinance by, a city,
city and county, or county, if the ordinance regulates the sale of
aerosol containers of paint or other liquid substances capable of
defacing property or sets forth civil administrative regulations,
procedures, or civil penalties governing the placement of graffiti or
other inscribed material on public or private, real or personal
property.
594.6. (a) Every person who, having been convicted of vandalism or
affixing graffiti or other inscribed material under Section 594,
594.3, 594.4, or 640.7, or any combination of these offenses, may be
ordered by the court as a condition of probation to perform community
service not to exceed 300 hours over a period not to exceed 240 days
during a time other than his or her hours of school attendance or
employment. Nothing in this subdivision shall limit the court from
ordering the defendant to perform a longer period of community
service if a longer period of community service is authorized under
other provisions of law.
(b) In lieu of the community service that may be ordered pursuant
to subdivision (a), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for up to one
year. Participation of a parent or guardian is not required under
this subdivision if the court deems this participation to be
detrimental to the defendant, or if the parent or guardian is a
single parent who must care for young children.
(c) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a) or (b) to
undergo counseling.
594.7. Notwithstanding subdivision (b) of Section 594, every person
who, having been convicted previously of vandalism under Section 594
for maliciously defacing with graffiti or other inscribed material
any real or personal property not his or her own on two separate
occasions and having been incarcerated pursuant to a sentence, a
conditional sentence, or a grant of probation for at least one of the
convictions, is subsequently convicted of vandalism under Section
594, shall be punished by imprisonment in a county jail not exceeding
one year, or in the state prison.
594.8. (a) Any person convicted of possession of a destructive
implement with intent to commit graffiti or willfully affixing
graffiti under Section 594.2, 640.5, 640.6, or 640.7, where the
offense was committed when he or she was under the age of 18 years,
shall perform not less than 24 hours of community service during a
time other than his or her hours of school attendance or employment.
One parent or guardian shall be present at the community service
site for at least one-half of the hours of community service required
under this section unless participation by the parent, guardian, or
foster parent is deemed by the court to be inappropriate or
potentially detrimental to the child.
(b) In lieu of the community service required pursuant to
subdivision (a), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, to keep a specified property in the community
free of graffiti for at least 60 days. Participation of a parent or
guardian is not required under this subdivision if the court deems
this participation to be detrimental to the defendant, or if the
parent or guardian is a single parent who must care for young
children.
(c) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a) or (b) to
undergo counseling.
595. The specification of the Acts enumerated in the following
sections of this Chapter is not intended to restrict or qualify the
interpretation of the preceding section.
596. Every person who, without the consent of the owner, wilfully
administers poison to any animal, the property of another, or exposes
any poisonous substance, with the intent that the same shall be
taken or swallowed by any such animal, is guilty of a misdemeanor.
However, the provisions of this section shall not apply in the
case of a person who exposes poisonous substances upon premises or
property owned or controlled by him for the purpose of controlling or
destroying predatory animals or livestock-killing dogs and if, prior
to or during the placing out of such poisonous substances, he shall
have posted upon the property conspicuous signs located at intervals
of distance not greater than one-third of a mile apart, and in any
case not less than three such signs having words with letters at
least one inch high reading "Warning--Poisoned bait placed out on
these premises," which signs shall be kept in place until the
poisonous substances have been removed. Whenever such signs have
been conspicuously located upon the property or premises owned or
controlled by him as hereinabove provided, such person shall not be
charged with any civil liability to another party in the event that
any domestic animal belonging to such party becomes injured or killed
by trespassing or partaking of the poisonous substance or substances
so placed.
596.5. It shall be a misdemeanor for any owner or manager of an
elephant to engage in abusive behavior towards the elephant, which
behavior shall include the discipline of the elephant by any of the
following methods:
(a) Deprivation of food, water, or rest.
(b) Use of electricity.
(c) Physical punishment resulting in damage, scarring, or breakage
of skin.
(d) Insertion of any instrument into any bodily orifice.
(e) Use of martingales.
(f) Use of block and tackle.
596.7. (a) (1) For purposes of this section, "rodeo" means a
performance featuring competition between persons that includes three
or more of the following events: bareback bronc riding, saddle bronc
riding, bull riding, calf roping, steer wrestling, or team roping.
(2) A rodeo performed on private property for which admission is
charged, or that sells or accepts sponsorships, or is open to the
public constitutes a performance for the purpose of this subdivision.
(b) The management of any professionally sanctioned or amateur
rodeo that intends to perform in any city, county, or city and county
shall ensure that there is a veterinarian licensed to practice in
this state present at all times during the performances of the rodeo,
or a veterinarian licensed to practice in the state who is on-call
and able to arrive at the rodeo within one hour after a determination
has been made that there is an injury which requires treatment to be
provided by a veterinarian.
(c) (1) The attending or on-call veterinarian shall have complete
access to the site of any event in the rodeo that uses animals.
(2) The attending or on-call veterinarian may, for good cause,
declare any animal unfit for use in any rodeo event.
(d) (1) Any animal that is injured during the course of, or as a
result of, any rodeo event shall receive immediate examination and
appropriate treatment by the attending veterinarian or shall begin
receiving examination and appropriate treatment by a veterinarian
licensed to practice in this state within one hour of the
determination of the injury requiring veterinary treatment.
(2) The attending or on-call veterinarian shall submit a brief
written listing of any animal injury requiring veterinary treatment
to the Veterinary Medical Board within 48 hours of the conclusion of
the rodeo.
(3) The rodeo management shall ensure that there is a conveyance
available at all times for the immediate and humane removal of any
injured animal.
(e) The rodeo management shall ensure that no electric prod or
similar device is used on any animal once the animal is in the
holding chute, unless necessary to protect the participants and
spectators of the rodeo.
(f) A violation of this section is an infraction and shall be
punishable as follows:
(1) A fine of not less than five hundred dollars ($500) and not
more than two thousand dollars ($2,000) for a first violation.
(2) A fine of not less than one thousand five hundred dollars
($1,500) and not more than five thousand dollars ($5,000) for a
second or subsequent violation.
597. (a) Except as provided in subdivision (c) of this section or
Section 599c, every person who maliciously and intentionally maims,
mutilates, tortures, or wounds a living animal, or maliciously and
intentionally kills an animal, is guilty of an offense punishable by
imprisonment in the state prison, or by a fine of not more than
twenty thousand dollars ($20,000), or by both the fine and
imprisonment, or, alternatively, by imprisonment in a county jail for
not more than one year, or by a fine of not more than twenty
thousand dollars ($20,000), or by both the fine and imprisonment.
(b) Except as otherwise provided in subdivision (a) or (c), every
person who overdrives, overloads, drives when overloaded, overworks,
tortures, torments, deprives of necessary sustenance, drink, or
shelter, cruelly beats, mutilates, or cruelly kills any animal, or
causes or procures any animal to be so overdriven, overloaded, driven
when overloaded, overworked, tortured, tormented, deprived of
necessary sustenance, drink, shelter, or to be cruelly beaten,
mutilated, or cruelly killed; and whoever, having the charge or
custody of any animal, either as owner or otherwise, subjects any
animal to needless suffering, or inflicts unnecessary cruelty upon
the animal, or in any manner abuses any animal, or fails to provide
the animal with proper food, drink, or shelter or protection from the
weather, or who drives, rides, or otherwise uses the animal when
unfit for labor, is, for every such offense, guilty of a crime
punishable as a misdemeanor or as a felony or alternatively
punishable as a misdemeanor or a felony and by a fine of not more
than twenty thousand dollars ($20,000).
(c) Every person who maliciously and intentionally maims,
mutilates, or tortures any mammal, bird, reptile, amphibian, or fish
as described in subdivision (d), is guilty of an offense punishable
by imprisonment in the state prison, or by a fine of not more than
twenty thousand dollars ($20,000), or by both the fine and
imprisonment, or, alternatively, by imprisonment in the county jail
for not more than one year, by a fine of not more than twenty
thousand dollars ($20,000), or by both the fine and imprisonment.
(d) Subdivision (c) applies to any mammal, bird, reptile,
amphibian, or fish which is a creature described as follows:
(1) Endangered species or threatened species as described in
Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code.
(2) Fully protected birds described in Section 3511 of the Fish
and Game Code.
(3) Fully protected mammals described in Chapter 8 (commencing
with Section 4700) of Part 3 of Division 4 of the Fish and Game Code.
(4) Fully protected reptiles and amphibians described in Chapter 2
(commencing with Section 5050) of Division 5 of the Fish and Game
Code.
(5) Fully protected fish as described in Section 5515 of the Fish
and Game Code.
This subdivision does not supersede or affect any provisions of
law relating to taking of the described species, including, but not
limited to, Section 12008 of the Fish and Game Code.
(e) For the purposes of subdivision (c), each act of malicious and
intentional maiming, mutilating, or torturing a separate specimen of
a creature described in subdivision (d) is a separate offense. If
any person is charged with a violation of subdivision (c), the
proceedings shall be subject to Section 12157 of the Fish and Game
Code.
(f) (1) Upon the conviction of a person charged with a violation
of this section by causing or permitting an act of cruelty, as
defined in Section 599b, all animals lawfully seized and impounded
with respect to the violation by a peace officer, officer of a humane
society, or officer of a pound or animal regulation department of a
public agency shall be adjudged by the court to be forfeited and
shall thereupon be awarded to the impounding officer for proper
disposition. A person convicted of a violation of this section by
causing or permitting an act of cruelty, as defined in Section 599b,
shall be liable to the impounding officer for all costs of
impoundment from the time of seizure to the time of proper
disposition.
(2) Mandatory seizure or impoundment shall not apply to animals in
properly conducted scientific experiments or investigations
performed under the authority of the faculty of a regularly
incorporated medical college or university of this state.
(g) Notwithstanding any other provision of law, if a defendant is
granted probation for a conviction under this section, the court
shall order the defendant to pay for, and successfully complete,
counseling, as determined by the court, designed to evaluate and
treat behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling, the court
may develop a sliding fee schedule based upon the defendant's
ability to pay. An indigent defendant may negotiate a deferred
payment schedule, but shall pay a nominal fee if the defendant has
the ability to pay the nominal fee. County mental health departments
or Medi-Cal shall be responsible for the costs of counseling
required by this section only for those persons who meet the medical
necessity criteria for mental health managed care pursuant to Section
1830.205 of Title 7 of the California Code of Regulations or the
targeted population criteria specified in Section 5600.3 of the
Welfare and Institutions Code. The counseling specified in this
subdivision shall be in addition to any other terms and conditions of
probation, including any term of imprisonment and any fine. This
provision specifies a mandatory additional term of probation and is
not to be utilized as an alternative in lieu of imprisonment in the
state prison or county jail when such a sentence is otherwise
appropriate. If the court does not order custody as a condition of
probation for a conviction under this section, the court shall
specify on the court record the reason or reasons for not ordering
custody. This subdivision shall not apply to cases involving police
dogs or horses as described in Section 600.
597.1. (a) Every owner, driver, or keeper of any animal who permits
the animal to be in any building, enclosure, lane, street, square,
or lot of any city, county, city and county, or judicial district
without proper care and attention is guilty of a misdemeanor. Any
peace officer, humane society officer, or animal control officer
shall take possession of the stray or abandoned animal and shall
provide care and treatment for the animal until the animal is deemed
to be in suitable condition to be returned to the owner. When the
officer has reasonable grounds to believe that very prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall immediately seize the animal
and comply with subdivision (f). In all other cases, the officer
shall comply with the provisions of subdivision (g). The cost of
caring for and treating any animal properly seized under this
subdivision shall constitute a lien on the animal and the animal
shall not be returned to its owner until the charges are paid, if the
seizure is upheld pursuant to this section.
(b) Every sick, disabled, infirm, or crippled animal, except a dog
or cat, that is abandoned in any city, county, city and county, or
judicial district may be killed by the officer if, after a reasonable
search, no owner of the animal can be found. It shall be the duty
of all peace officers, humane society officers, and animal control
officers to cause the animal to be killed or rehabilitated and placed
in a suitable home on information that the animal is stray or
abandoned. The officer may likewise take charge of any animal,
including a dog or cat, that by reason of lameness, sickness,
feebleness, or neglect, is unfit for the labor it is performing, or
that in any other manner is being cruelly treated, and provide care
and treatment for the animal until it is deemed to be in a suitable
condition to be returned to the owner. When the officer has
reasonable grounds to believe that very prompt action is required to
protect the health or safety of an animal or the health or safety of
others, the officer shall immediately seize the animal and comply
with subdivision (f). In all other cases, the officer shall comply
with subdivision (g). The cost of caring for and treating any animal
properly seized under this subdivision shall constitute a lien on
the animal and the animal shall not be returned to its owner until
the charges are paid.
(c) Any peace officer, humane society officer, or animal control
officer shall convey all injured cats and dogs found without their
owners in a public place directly to a veterinarian known by the
officer to be a veterinarian who ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.
If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers from
its injuries, the veterinarian may keep the animal for purposes of
adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
Whenever any animal is transferred to a veterinarian in a clinic,
such as an emergency clinic that is not in continuous operation, the
veterinarian may, in turn, transfer the animal to an appropriate
facility.
If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services that are provided pending the owner's inquiry
to the responsible agency, department, or society shall be paid from
the dog license fees, fines, and fees for impounding dogs in the
city, county, or city and county in which the animal was licensed or,
if the animal is unlicensed, shall be paid by the jurisdiction in
which the animal was found, subject to the provision that this cost
be repaid by the animal's owner. The cost of caring for and treating
any animal seized under this subdivision shall constitute a lien on
the animal and the animal shall not be returned to the owner until
the charges are paid. No veterinarian shall be criminally or civilly
liable for any decision that he or she makes or for services that he
or she provides pursuant to this subdivision.
(d) An animal control agency that takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts of
the animal from the time of possession to the end of the animal's
impoundment, and those records shall be available for inspection by
the public upon request for three years after the date the animal's
impoundment ended.
(e) Notwithstanding any other provision of this section, any peace
officer, humane society officer, or any animal control officer may,
with the approval of his or her immediate superior, humanely destroy
any stray or abandoned animal in the field in any case where the
animal is too severely injured to move or where a veterinarian is not
available and it would be more humane to dispose of the animal.
(f) Whenever an officer authorized under this section seizes or
impounds an animal based on a reasonable belief that prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall, prior to the commencement of
any criminal proceedings authorized by this section, provide the
owner or keeper of the animal, if known or ascertainable after
reasonable investigation, with the opportunity for a postseizure
hearing to determine the validity of the seizure or impoundment, or
both.
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
of the seizure or impoundment, or both, to the owner or keeper within
48 hours, excluding weekends and holidays. The notice shall include
all of the following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal seized, including any
identification upon the animal.
(C) The authority and purpose for the seizure, or impoundment,
including the time, place, and circumstances under which the animal
was seized.
(D) A statement that, in order to receive a postseizure hearing,
the owner or person authorized to keep the animal, or his or her
agent, shall request the hearing by signing and returning an enclosed
declaration of ownership or right to keep the animal to the agency
providing the notice within 10 days, including weekends and holidays,
of the date of the notice. The declaration may be returned by
personal delivery or mail.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal and
that the animal shall not be returned to the owner until the charges
are paid, and that failure to request or to attend a scheduled
hearing shall result in liability for this cost.
(2) The postseizure hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The seizing agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the seizure or
impoundment of the animal and is not junior in rank to that person.
The agency may utilize the services of a hearing officer from outside
the agency for the purposes of complying with this section.
(3) Failure of the owner or keeper, or of his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a postseizure hearing or right to challenge his or
her liability for costs incurred.
(4) The agency, department, or society employing the person who
directed the seizure shall be responsible for the costs incurred for
caring and treating the animal, if it is determined in the
postseizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the
animal, was required to protect the health or safety of the animal or
the health or safety of others. If it is determined the seizure was
justified, the owner or keeper shall be personally liable to the
seizing agency for the cost of the seizure and care of the animal,
the charges for the seizure and care of the animal shall be a lien on
the animal, and the animal shall not be returned to its owner until
the charges are paid and the seizing agency or hearing officer has
determined that the animal is physically fit or the owner
demonstrates to the seizing agency's or the hearing officer's
satisfaction that the owner can and will provide the necessary care.
(g) Where the need for immediate seizure is not present and prior
to the commencement of any criminal proceedings authorized by this
section, the agency shall provide the owner or keeper of the animal,
if known or ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of the
animal. The owner shall produce the animal at the time of the
hearing unless, prior to the hearing, the owner has made arrangements
with the agency to view the animal upon request of the agency, or
unless the owner can provide verification that the animal was
humanely destroyed. Any person who willfully fails to produce the
animal or provide the verification is guilty of an infraction,
punishable by a fine of not less than two hundred fifty dollars
($250) nor more than one thousand dollars ($1,000).
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
stating the grounds for believing the animal should be seized under
subdivision (a) or (b). The notice shall include all of the
following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal to be seized, including any
identification upon the animal.
(C) The authority and purpose for the possible seizure or
impoundment.
(D) A statement that, in order to receive a hearing prior to any
seizure, the owner or person authorized to keep the animal, or his or
her agent, shall request the hearing by signing and returning the
enclosed declaration of ownership or right to keep the animal to the
officer providing the notice within two days, excluding weekends and
holidays, of the date of the notice.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal,
that any animal seized shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a
scheduled hearing shall result in a conclusive determination that the
animal may properly be seized and that the owner shall be liable for
the charges.
(2) The preseizure hearing shall be conducted within 48 hours,
excluding weekends and holidays, after receipt of the request. The
seizing agency may authorize its own officer or employee to conduct
the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior
in rank to that person. The agency may utilize the services of a
hearing officer from outside the agency for the purposes of complying
with this section.
(3) Failure of the owner or keeper, or his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a preseizure hearing or right to challenge his or
her liability for costs incurred pursuant to this section.
(4) The hearing officer, after the hearing, may affirm or deny the
owner's or keeper's right to custody of the animal and, if
reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.
(h) If any animal is properly seized under this section, the owner
or keeper shall be personally liable to the seizing agency for the
cost of the seizure and care of the animal. Furthermore, if the
charges for the seizure or impoundment and any other charges
permitted under this section are not paid within 14 days of the
seizure, or, if the owner, within 14 days of notice of availability
of the animal to be returned, fails to pay charges permitted under
this section and take possession of the animal, the animal shall be
deemed to have been abandoned and may be disposed of by the
impounding officer.
(i) If the animal requires veterinary care and the humane society
or public agency is not assured, within 14 days of the seizure of the
animal, that the owner will provide the necessary care, the animal
shall not be returned to its owner and shall be deemed to have been
abandoned and may be disposed of by the impounding officer. A
veterinarian may humanely destroy an impounded animal without regard
to the prescribed holding period when it has been determined that the
animal has incurred severe injuries or is incurably crippled. A
veterinarian also may immediately humanely destroy an impounded
animal afflicted with a serious contagious disease unless the owner
or his or her agent immediately authorizes treatment of the animal by
a veterinarian at the expense of the owner or agent.
(j) No animal properly seized under this section shall be returned
to its owner until, in the determination of the seizing agency or
hearing officer, the animal is physically fit or the owner can
demonstrate to the seizing agency's or hearing officer's satisfaction
that the owner can and will provide the necessary care.
(k) Upon the conviction of a person charged with a violation of
this section, or Section 597 or 597a, all animals lawfully seized and
impounded with respect to the violation shall be adjudged by the
court to be forfeited and shall thereupon be transferred to the
impounding officer or appropriate public entity for proper adoption
or other disposition. A person convicted of a violation of this
section shall be personally liable to the seizing agency for all
costs of impoundment from the time of seizure to the time of proper
disposition. Upon conviction, the court shall order the convicted
person to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the seized
or impounded animals. Each person convicted in connection with a
particular animal may be held jointly and severally liable for
restitution for that particular animal. The payment shall be in
addition to any other fine or sentence ordered by the court.
The court may also order, as a condition of probation, that the
convicted person be prohibited from owning, possessing, caring for,
or having any contact with, animals of any kind and require the
convicted person to immediately deliver all animals in his or her
possession to a designated public entity for adoption or other lawful
disposition or provide proof to the court that the person no longer
has possession, care, or control of any animals. In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the release of seized or
impounded animals upon a showing of proof of ownership. Any
questions regarding ownership shall be determined in a separate
hearing by the court where the criminal case was finally adjudicated
and the court shall hear testimony from any persons who may assist
the court in determining ownership of the animal. If the owner is
determined to be unknown or the owner is prohibited or unable to
retain possession of the animals for any reason, the court shall
order the animals to be released to the appropriate public entity for
adoption or other lawful disposition. This section is not intended
to cause the release of any animal, bird, reptile, amphibian, or
fish, seized or impounded pursuant to any other statute, ordinance,
or municipal regulation. This section shall not prohibit the seizure
or impoundment of animals as evidence as provided for under any other
provision of law.
(l) It shall be the duty of all peace officers, humane society
officers, and animal control officers to use all currently acceptable
methods of identification, both electronic and otherwise, to
determine the lawful owner or caretaker of any seized or impounded
animal. It shall also be their duty to make reasonable efforts to
notify the owner or caretaker of the whereabouts of the animal and
any procedures available for the lawful recovery of the animal and,
upon the owner's and caretaker's initiation of recovery procedures,
retain custody of the animal for a reasonable period of time to allow
for completion of the recovery process. Efforts to locate or
contact the owner or caretaker and communications with persons
claiming to be the owner or caretaker shall be recorded and
maintained and be made available for public inspection.
597.2. (a) It shall be the duty of an officer of a pound, humane
society, or animal regulation department of a public agency to assist
in a case involving the abandonment or voluntary relinquishment of
an equine by the equine's owner. This section does not require a
pound, humane society, or animal regulation department of a public
agency to take actual possession of the equine.
(b) If a pound, humane society, or animal regulation department of
a public agency sells an equine at a private or public auction or
sale, it shall set the minimum bid for the sale of the equine at a
price above the current slaughter price of the equine.
(c) (1) This section does not prohibit a pound, humane society, or
animal regulation department of a public agency from placing an
equine through an adoption program at an adoption fee that may be set
below current slaughter price.
(2) A person adopting an equine under paragraph (1) shall submit a
written statement declaring that the person is adopting the equine
for personal use and not for purposes of resale, resale for
slaughter, or holding or transporting the equine for slaughter.
597.3. (a) Every person who operates a live animal market shall do
all of the following:
(1) Provide that no animal will be dismembered, flayed, cut open,
or have its skin, scales, feathers, or shell removed while the animal
is still alive.
(2) Provide that no live animals will be confined, held, or
displayed in a manner that results, or is likely to result, in
injury, starvation, dehydration, or suffocation.
(b) As used in this section:
(1) "Animal" means frogs, turtles, and birds sold for the purpose
of human consumption, with the exception of poultry.
(2) "Live animal market" means a retail food market where, in the
regular course of business, animals are stored alive and sold to
consumers for the purpose of human consumption.
(c) Any person who fails to comply with any requirement of
subdivision (a) shall for the first violation, be given a written
warning in a written language that is understood by the person
receiving the warning. A second or subsequent violation of
subdivision (a) shall be an infraction, punishable by a fine of not
less than two hundred fifty dollars ($250), nor more than one
thousand dollars ($1,000). However, a fine paid for a second
violation of subdivision (a) shall be deferred for six months if a
course is available that is administered by a state or local agency
on state law and local ordinances relating to live animal markets.
If the defendant successfully completes that course within six months
of entry of judgment, the fine shall be waived. The state or local
agency may charge the participant a fee to take the course, not to
exceed one hundred dollars ($100).
597.5. (a) Any person who does any of the following is guilty of a
felony and is punishable by imprisonment in a state prison for 16
months, or two or three years, or by a fine not to exceed fifty
thousand dollars ($50,000), or by both such fine and imprisonment:
(1) Owns, possesses, keeps, or trains any dog, with the intent
that the dog shall be engaged in an exhibition of fighting with
another dog.
(2) For amusement or gain, causes any dog to fight with another
dog, or causes any dogs to injure each other.
(3) Permits any act in violation of paragraph (1) or (2) to be
done on any premises under his or her charge or control, or aids or
abets that act.
(b) Any person who is knowingly present, as a spectator, at any
place, building, or tenement where preparations are being made for an
exhibition of the fighting of dogs, with the intent to be present at
those preparations, or is knowingly present at that exhibition or at
any other fighting or injuring as described in paragraph (2) of
subdivision (a), with the intent to be present at that exhibition,
fighting, or injuring, is guilty of a misdemeanor.
(c) Nothing in this section shall prohibit any of the following:
(1) The use of dogs in the management of livestock, as defined by
Section 14205 of the Food and Agricultural Code, by the owner of the
livestock or his or her employees or agents or other persons in
lawful custody thereof.
(2) The use of dogs in hunting as permitted by the Fish and Game
Code, including, but not limited to, Sections 3286, 3509, 3510, 4002,
and 4756, and by the rules and regulations of the Fish and Game
Commission.
(3) The training of dogs or the use of equipment in the training
of dogs for any purpose not prohibited by law.
597.6. (a) (1) No person may perform, or otherwise procure or
arrange for the performance of, surgical claw removal, declawing,
onychectomy, or tendonectomy on any cat that is a member of an exotic
or native wild cat species, and shall not otherwise alter such a cat'
s toes, claws, or paws to prevent the normal function of the cat's
toes, claws, or paws.
(2) This subdivision does not apply to a procedure performed
solely for a therapeutic purpose.
(b) Any person who violates this section is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year, by a fine of ten thousand dollars ($10,000),
or by both that imprisonment and fine.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Declawing" and "onychectomy" mean any surgical procedure in
which a portion of the animal's paw is amputated in order to remove
the animal's claws.
(2) "Tendonectomy" means a procedure in which the tendons to an
animal's limbs, paws, or toes are cut or modified so that the claws
cannot be extended.
(3) "Exotic or native wild cat species" include all members of the
taxonomic family Felidae, except domestic cats (Felis catus or Felis
domesticus) or hybrids of wild and domestic cats that are greater
than three generations removed from an exotic or native cat. "Exotic
or native wild cat species" include, but are not limited to, lions,
tigers, cougars, leopards, lynxes, bobcats, caracals, ocelots,
margays, servals, cheetahs, snow leopards, clouded leopards, jungle
cats, leopard cats, and jaguars, or any hybrid thereof.
(4) "Therapeutic purpose" means for the purpose of addressing an
existing or recurring infection, disease, injury, or abnormal
condition in the claw that jeopardizes the cat's health, where
addressing the infection, disease, injury, or abnormal condition is a
medical necessity.
597.7. (a) No person shall leave or confine an animal in any
unattended motor vehicle under conditions that endanger the health or
well-being of an animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or other circumstances that
could reasonably be expected to cause suffering, disability, or death
to the animal.
(b) Unless the animal suffers great bodily injury, a first
conviction for violation of this section is punishable by a fine not
exceeding one hundred dollars ($100) per animal. If the animal
suffers great bodily injury, a violation of this section is
punishable by a fine not exceeding five hundred dollars ($500),
imprisonment in a county jail not exceeding six months, or by both a
fine and imprisonment. Any subsequent violation of this section,
regardless of injury to the animal, is also punishable by a fine not
exceeding five hundred dollars ($500), imprisonment in a county jail
not exceeding six months, or by both a fine and imprisonment.
(c) (1) Nothing in this section shall prevent a peace officer,
humane officer, or an animal control officer from removing an animal
from a motor vehicle if the animal's safety appears to be in
immediate danger from heat, cold, lack of adequate ventilation, lack
of food or water, or other circumstances that could reasonably be
expected to cause suffering, disability, or death to the animal.
(2) A peace officer, humane officer, or animal control officer who
removes an animal from a motor vehicle shall take it to an animal
shelter or other place of safekeeping or, if the officer deems
necessary, to a veterinary hospital for treatment.
(3) A peace officer, humane officer, or animal control officer is
authorized to take all steps that are reasonably necessary for the
removal of an animal from a motor vehicle, including, but not limited
to, breaking into the motor vehicle, after a reasonable effort to
locate the owner or other person responsible.
(4) A peace officer, humane officer, or animal control officer who
removes an animal from a motor vehicle shall, in a secure and
conspicuous location on or within the motor vehicle, leave written
notice bearing his or her name and office, and the address of the
location where the animal can be claimed. The animal may be claimed
by the owner only after payment of all charges that have accrued for
the maintenance, care, medical treatment, or impoundment of the
animal.
(5) This section does not affect in any way existing liabilities
or immunities in current law, or create any new immunities or
liabilities.
(d) Nothing in this section shall preclude prosecution under both
this section and Section 597 or any other provision of law, including
city or county ordinances.
(e) Nothing in this section shall be deemed to prohibit the
transportation of horses, cattle, pigs, sheep, poultry or other
agricultural animals in motor vehicles designed to transport such
animals for agricultural purposes.
597a. Whoever carries or causes to be carried in or upon any
vehicle or otherwise any domestic animal in a cruel or inhuman
manner, or knowingly and willfully authorizes or permits it to be
subjected to unnecessary torture, suffering, or cruelty of any kind,
is guilty of a misdemeanor; and whenever any such person is taken
into custody therefor by any officer, such officer must take charge
of such vehicle and its contents, together with the horse or team
attached to such vehicle, and deposit the same in some place of
custody; and any necessary expense incurred for taking care of and
keeping the same, is a lien thereon, to be paid before the same can
be lawfully recovered; and if such expense, or any part thereof,
remains unpaid, it may be recovered, by the person incurring the
same, of the owner of such domestic animal, in an action therefor.
597b. (a) Except as provided in subdivisions (b) and (c), any
person who, for amusement or gain, causes any bull, bear, or other
animal, not including any dog, to fight with like kind of animal or
creature, or causes any animal, including any dog, to fight with a
different kind of animal or creature, or with any human being, or
who, for amusement or gain, worries or injures any bull, bear, dog,
or other animal, or causes any bull, bear, or other animal, not
including any dog, to worry or injure each other, or any person who
permits the same to be done on any premises under his or her charge
or control, or any person who aids or abets the fighting or worrying
of an animal or creature, is guilty of a misdemeanor punishable by
imprisonment in a county jail for a period not to exceed one year, by
a fine not to exceed five thousand dollars ($5,000), or by both that
imprisonment and fine.
(b) Any person who, for amusement or gain, causes any cock to
fight with another cock or with a different kind of animal or
creature or with any human being; or who, for amusement or gain,
worries or injures any cock, or causes any cock to worry or injure
another animal; and any person who permits the same to be done on any
premises under his or her charge or control, and any person who aids
or abets the fighting or worrying of any cock is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year, or by a fine not to exceed five thousand
dollars ($5,000), or by both that imprisonment and fine.
(c) A second or subsequent conviction of this section is a
misdemeanor or a felony punishable by imprisonment in a county jail
for a period not to exceed one year or the state prison for 16
months, two, or three years, by a fine not to exceed twenty-five
thousand dollars ($25,000), or by both that imprisonment and fine,
except in unusual circumstances in which the interests of justice
would be better served by the imposition of a lesser sentence.
(d) For the purposes of this section, aiding and abetting a
violation of this section shall consist of something more than merely
being present or a spectator at a place where a violation is
occurring.
597c. Any person who is knowingly present as a spectator at any
place, building, or tenement for an exhibition of animal fighting, or
who is knowingly present at that exhibition or is knowingly present
where preparations are being made for the acts described in
subdivision (a) or (b) of Section 597b, is guilty of a misdemeanor.
597d. Any sheriff, police, or peace officer, or officer qualified
as provided in Section 14502 of the Corporations Code, may enter any
place, building, or tenement, where there is an exhibition of the
fighting of birds or animals, or where preparations are being made
for such an exhibition, and, without a warrant, arrest all persons
present.
597e. Any person who impounds, or causes to be impounded in any
pound, any domestic animal, shall supply it during such confinement
with a sufficient quantity of good and wholesome food and water, and
in default thereof, is guilty of a misdemeanor. In case any domestic
animal is at any time so impounded and continues to be without
necessary food and water for more than 12 consecutive hours, it is
lawful for any person, from time to time, as may be deemed necessary,
to enter into and upon any pound in which the animal is confined,
and supply it with necessary food and water so long as it remains so
confined. Such person is not liable for the entry and may collect
the reasonable cost of the food and water from the owner of the
animal, and the animal is subject to enforcement of a money judgment
for the reasonable cost of such food and water.
597f. (a) Every owner, driver, or possessor of any animal, who
permits the animal to be in any building, enclosure, lane, street,
square, or lot, of any city, city and county, or judicial district,
without proper care and attention, shall, on conviction, be deemed
guilty of a misdemeanor. And it shall be the duty of any peace
officer, officer of the humane society, or officer of a pound or
animal regulation department of a public agency, to take possession
of the animal so abandoned or neglected and care for the animal until
it is redeemed by the owner or claimant, and the cost of caring for
the animal shall be a lien on the animal until the charges are paid.
Every sick, disabled, infirm, or crippled animal, except a dog or
cat, which shall be abandoned in any city, city and county, or
judicial district, may, if after due search no owner can be found
therefor, be killed by the officer; and it shall be the duty of all
peace officers, an officer of such society, or officer of a pound or
animal regulation department of a public agency to cause the animal
to be killed on information of such abandonment. The officer may
likewise take charge of any animal, including a dog or cat, that by
reason of lameness, sickness, feebleness, or neglect, is unfit for
the labor it is performing, or that in any other manner is being
cruelly treated; and, if the animal is not then in the custody of its
owner, the officer shall give notice thereof to the owner, if known,
and may provide suitable care for the animal until it is deemed to
be in a suitable condition to be delivered to the owner, and any
necessary expenses which may be incurred for taking care of and
keeping the animal shall be a lien thereon, to be paid before the
animal can be lawfully recovered.
(b) It shall be the duty of all officers of pounds or humane
societies, and animal regulation departments of public agencies to
convey, and for police and sheriff departments, to cause to be
conveyed all injured cats and dogs found without their owners in a
public place directly to a veterinarian known by the officer or
agency to be a veterinarian that ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.
If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal; or, if the animal is treated and recovers
from its injuries, the veterinarian may keep the animal for purposes
of adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
Whenever any animal is transferred pursuant to this subdivision to
a veterinarian in a clinic, such as an emergency clinic which is not
in continuous operation, the veterinarian may, in turn, transfer the
animal to an appropriate facility.
If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services which are provided pending the owner's inquiry
to the agency, department, or society shall be paid from the dog
license fees, fines, and fees for impounding dogs in the city,
county, or city and county in which the animal was licensed or if the
animal is unlicensed the jurisdiction in which the animal was found,
subject to the provision that this cost be repaid by the animal's
owner. No veterinarian shall be criminally or civilly liable for any
decision which he or she makes or services which he or she provides
pursuant to this section.
(c) An animal control agency which takes possession of an animal
pursuant to subdivision (b), shall keep records of the whereabouts of
the animal for a 72-hour period from the time of possession and
those records shall be available to inspection by the public upon
request.
(d) Notwithstanding any other provisions of this section, any
officer of a pound or animal regulation department or humane society,
or any officer of a police or sheriff's department may, with the
approval of his or her immediate superior, humanely destroy any
abandoned animal in the field in any case where the animal is too
severely injured to move or where a veterinarian is not available and
it would be more humane to dispose of the animal.
597g. (a) Poling a horse is a method of training horses to jump
which consists of (1) forcing, persuading, or enticing a horse to
jump in such manner that one or more of its legs will come in contact
with an obstruction consisting of any kind of wire, or a pole,
stick, rope or other object with brads, nails, tacks or other sharp
points imbedded therein or attached thereto or (2) raising, throwing
or moving a pole, stick, wire, rope or other object, against one or
more of the legs of a horse while it is jumping an obstruction so
that the horse, in either case, is induced to raise such leg or legs
higher in order to clear the obstruction. Tripping a horse is an act
that consists of the use of any wire, pole, stick, rope, or other
object or apparatus whatsoever to cause a horse to fall or lose its
balance. The poling or tripping of any horse is unlawful and any
person violating the provisions of this section is guilty of a
misdemeanor.
(b) It is a misdemeanor for any person to intentionally trip or
fell an equine by the legs by any means whatsoever for the purposes
of entertainment or sport.
(c) This section does not apply to the lawful laying down of a
horse for medical or identification purposes, nor shall the section
be construed as condemning or limiting any cultural or historical
activities, except those prohibited herein.
597h. It shall be unlawful for any person to tie or attach or
fasten any live animal to any machine or device propelled by any
power for the purpose of causing such animal to be pursued by a dog
or dogs.
Any person violating any of the provisions of this section shall
be guilty of a misdemeanor.
597i. (a) It shall be unlawful for anyone to manufacture, buy,
sell, barter, exchange, or have in his or her possession any of the
implements commonly known as gaffs or slashers, or any other sharp
implement designed to be attached in place of the natural spur of a
gamecock or other fighting bird.
(b) Any person who violates any of the provisions of this section
is guilty of a misdemeanor punishable by imprisonment in a county
jail for a period not to exceed one year, by a fine not to exceed
five thousand dollars ($5,000), or by both that imprisonment and fine
and upon conviction thereof shall, in addition to any judgment or
sentence imposed by the court, forfeit possession or ownership of
those implements.
597j. (a) Any person who owns, possesses, keeps, or trains any bird
or other animal with the intent that it be used or engaged by
himself or herself, by his or her vendee, or by any other person in
an exhibition of fighting as described in Section 597b is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year, by a fine not to exceed five thousand
dollars ($5,000), or by both that imprisonment and fine.
(b) This section shall not apply to an exhibition of fighting of a
dog with another dog.
(c) A second or subsequent conviction of this section is a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year or by a fine not to exceed twenty-five
thousand dollars ($25,000), or by both that imprisonment and fine,
except in unusual circumstances in which the interests of justice
would be better served by the imposition of a lesser sentence.
597k. Anyone who, having care, custody or control of any horse or
other animal, uses what is known as the bristle bur, tack bur, or
other like device, by whatsoever name known or designated, on such
horse or other animal for any purpose whatsoever, is guilty of a
misdemeanor and is punishable by a fine of not less than fifty
dollars ($50) nor more than five hundred dollars ($500), or by
imprisonment in the county jail for not less than 10 days nor more
than 175 days, or by both such fine and imprisonment.
597l. (a) It shall be unlawful for any person who operates a pet
shop to fail to do all of the following:
(1) Maintain the facilities used for the keeping of pet animals in
a sanitary condition.
(2) Provide proper heating and ventilation for the facilities used
for the keeping of pet animals.
(3) Provide adequate nutrition for, and humane care and treatment
of, all pet animals under his or her care and control.
(4) Take reasonable care to release for sale, trade, or adoption
only those pet animals that are free of disease or injuries.
(5) Provide adequate space appropriate to the size, weight, and
specie of pet animals.
(b) (1) Sellers of pet animals shall provide buyers of a pet
animal with general written recommendations for the generally
accepted care of the class of pet animal sold, including
recommendations as to the housing, equipment, cleaning, environment,
and feeding of the animal. This written information shall be in a
form determined by the sellers of pet animals and may include
references to Web sites, books, pamphlets, videos, and compact discs.
(2) If a seller of pet animals distributes material prepared by a
third party, the seller shall not be liable for damages caused by any
erroneous information in that material unless a reasonable person
exercising ordinary care should have known of the error causing the
damage.
(3) This subdivision shall apply to any private or public retail
business that sells pet animals to the public and is required to
possess a permit pursuant to Section 6066 of the Revenue and Taxation
Code.
(4) Charges brought against a seller of pet animals for a first
violation of the provisions of this subdivision shall be dismissed if
the person charged produces in court satisfactory proof of
compliance. A second or subsequent violation is an infraction
punishable by a fine not to exceed two hundred fifty dollars ($250).
(c) As used in this section, the following terms have the
following meanings:
(1) "Pet animals" means dogs, cats, monkeys and other primates,
rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas,
turtles, and any other species of animal sold or retained for the
purpose of being kept as a household pet.
(2) "Pet shop" means every place or premises where pet animals are
kept for the purpose of either wholesale or retail sale. "Pet shop"
does not include any place or premises where pet animals are
occasionally sold.
(d) Any person who violates any provision of subdivision (a) is
guilty of a misdemeanor and is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding 90 days, or by both that fine and imprisonment.
597m. It shall be unlawful for any person to promote, advertise,
stage, hold, manage, conduct, participate in, engage in, or carry on
any bullfight exhibition, any bloodless bullfight contest or
exhibition, or any similar contest or exhibition, whether for
amusement or gain or otherwise; provided, that nothing herein shall
be construed to prohibit rodeos or to prohibit measures necessary to
the safety of participants at rodeos.
This section shall not, however, be construed as prohibiting
bloodless bullfights, contests, or exhibitions held in connection
with religious celebrations or religious festivals.
Any person violating the provisions of this section is guilty of a
misdemeanor.
597n. Any person who cuts the solid part of the tail of any horse
in the operation known as "docking," or in any other operation
performed for the purpose of shortening the tail of any horse, within
the State of California, or procures the same to be done, or imports
or brings into this state any docked horse, or horses, or drives,
works, uses, races, or deals in any unregistered docked horse, or
horses, within the State of California except as provided in Section
597r, is guilty of a misdemeanor.
597o. (a) Any person who transports an equine in a vehicle to
slaughter shall meet the following requirements:
(1) The vehicle shall have sufficient clearance to allow the
equine to be transported in a standing position with its head in a
normal upright position above its withers.
(2) Any ramps and floors in the vehicle shall be covered with a
nonskid surface to prevent the equine from slipping.
(3) The vehicle shall provide adequate ventilation to the equine
while the equine is being transported.
(4) The sides and overhead of the vehicle shall be constructed to
withstand the weight of any equine which may put pressure against the
sides or overhead.
(5) Any compartments in the interior of the vehicle shall be
constructed of smooth materials and shall contain no protrusions or
sharp objects.
(6) The size of the vehicle shall be appropriate for the number of
equine being transported and the welfare of the equine shall not be
jeopardized by overcrowding.
(7) Stallions shall be segregated during transportation to
slaughter.
(8) Diseased, sick, blind, dying, or otherwise disabled equine
shall not be transported out of this state.
(9) Any equine being transported shall be able to bear weight on
all four feet.
(10) Unweaned foals shall not be transported.
(11) Mares in their last trimester of pregnancy shall not be
transported.
(12) The person shall notify a humane officer having jurisdiction
72 hours before loading the equine in order that the humane officer
may perform a thorough inspection of the vehicle to determine if all
requirements of this section have been satisfied.
(b) (1) Any person who violates this section is guilty of a
misdemeanor and is subject to a fine of one hundred dollars ($100)
per equine being transported.
(2) Any person who violates this section for a second or
subsequent time is guilty of a misdemeanor and shall be fined five
hundred dollars ($500) per equine being transported.
(c) Whenever a person is taken into custody by an officer for a
violation of this section, the officer shall take charge of the
vehicle and its contents and deposit the property in some place of
custody.
(d) (1) Any necessary expense incurred for taking care of and
keeping the property described in subdivision (c) is a lien thereon,
to be paid before the property can be lawfully recovered.
(2) If the expense, or any part thereof, remains unpaid, it may be
recovered by the person incurring the expense from the owner of the
equine in an action therefor.
(e) For the purposes of this section, "equine" means any horse,
pony, burro, or mule.
597p. Within 30 days after the passage of this act, every owner, or
user of any docked horse, within the State of California, shall
register his or her docked horse, or horses by filing in the office
of the county clerk of the county in which such docked horse, or
horses, may then be kept, a certificate, which certificate shall
contain the name, or names of the owner, together with his or her
post office address, a full description of the color, age, size and
the use made of such docked horse, or horses; which certificate shall
be signed by the owner, or his, or her agent. The county clerk
shall number such certificate consecutively and record the name in a
book, or register to be kept for that purpose only; and shall receive
as a fee for recording of such certificate, the sum of fifty cents
($0.50), and the clerk shall thereupon issue to such person so
registering such horse or horses a certificate containing the facts
recited in this section which upon demand shall be exhibited to any
peace officer, and the same shall be conclusive evidence of a
compliance with the provisions of Section 597n of this code.
597q. The driving, working, keeping, racing or using of any
unregistered docked horse, or horses, after 60 days after the passage
of this act, shall be deemed prima facie evidence of the fact that
the party driving, working, keeping, racing or using such
unregistered docked horse, or horses, docked the tail of such horse
or horses.
597r. Any person or persons violating any of the provisions of this
act, shall be deemed guilty of a misdemeanor; provided, however,
that the provisions of Sections 597n, 597p, and 597q, shall not be
applied to persons owning or possessing any docked purebred stallions
and mares imported from foreign countries for breeding or exhibition
purposes only, as provided by an act of Congress entitled "An act
regulating the importation of breeding animals" and approved March 3,
1903, and to docked native-bred stallions and mares brought into
this State and used for breeding or exhibition purposes only; and
provided further, that a description of each such animal so brought
into the State, together with the date of importation and name and
address of importer, be filed with the county clerk of the county
where such animal is kept, within 30 days after the importation of
such animal.
597s. (a) Every person who willfully abandons any animal is guilty
of a misdemeanor.
(b) This section shall not apply to the release or rehabilitation
and release of native California wildlife pursuant to statute or
regulations of the California Department of Fish and Game.
597t. Every person who keeps an animal confined in an enclosed area
shall provide it with an adequate exercise area. If the animal is
restricted by a leash, rope, or chain, the leash, rope, or chain
shall be affixed in such a manner that it will prevent the animal
from becoming entangled or injured and permit the animal's access to
adequate shelter, food, and water. Violation of this section
constitutes a misdemeanor.
This section shall not apply to an animal which is in transit, in
a vehicle, or in the immediate control of a person.
597u. (a) No person, peace officer, officer of a humane society, or
officer of a pound or animal regulation department of a public
agency shall kill any animal by using any of the following methods:
(1) Carbon monoxide gas.
(2) Intracardiac injection of a euthanasia agent on a conscious
animal, unless the animal is heavily sedated or anesthetized in a
humane manner, or comatose, or unless, in light of all the relevant
circumstances, the procedure is justifiable.
(b) With respect to the killing of any dog or cat, no person,
peace officer, officer of a humane society, or officer of a pound or
animal regulation department of a public agency shall use any of the
methods specified in subdivision (a) or any of the following methods:
(1) High-altitude decompression chamber.
(2) Nitrogen gas
597v. No person, peace officer, officer of a humane society, or
officer of a pound or animal regulation department of a public agency
shall kill any newborn dog or cat whose eyes have not yet opened by
any other method than by the use of chloroform vapor or by
inoculation of barbiturates.
597x. (a) Notwithstanding Section 18734 of the Food and
Agricultural Code or any other provision of law, it is unlawful for
any person to sell, attempt to sell, load, cause to be loaded,
transport, or attempt to transport any live horse, mule, burro, or
pony that is disabled, if the animal is intended to be sold, loaded,
or transported for commercial slaughter out of the state.
(b) For the purposes of this section, "disabled animal" includes,
but is not limited to, any animal that has broken limbs, is unable to
stand and balance itself without assistance, cannot walk, or is
severely injured.
(c) A person who violates this section is guilty of a misdemeanor
and subject to the same penalties imposed upon a person convicted of
a misdemeanor under Section 597a.
597y. A violation of Section 597u, 597v, or 597w is a misdemeanor.
597z. (a) (1) Except as otherwise authorized under any other
provision of law, it shall be a crime, punishable as specified in
subdivision (b), for any person to sell one or more dogs under eight
weeks of age, unless, prior to any physical transfer of the dog or
dogs from the seller to the purchaser, the dog or dogs are approved
for sale, as evidenced by written documentation from a veterinarian
licensed to practice in California.
(2) For the purposes of this section, the sale of a dog or dogs
shall not be considered complete, and thereby subject to the
requirements and penalties of this section, unless and until the
seller physically transfers the dog or dogs to the purchaser.
(b) (1) Any person who violates this section shall be guilty of an
infraction or a misdemeanor.
(2) An infraction under this section shall be punishable by a fine
not to exceed two hundred fifty dollars ($250).
(3) With respect to the sale of two or more dogs in violation of
this section, each dog unlawfully sold shall represent a separate
offense under this section.
(c) This section shall not apply to any of the following:
(1) An organization, as defined in Section 501(c)(3) of the
Internal Revenue Code, or any other organization that provides, or
contracts to provide, services as a public animal sheltering agency.
(2) A pet dealer as defined under Article 2 (commencing with
Section 122125) of Chapter 5 of Part 6 of Division 105 of the Health
and Safety Code.
(3) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group regulated under Division 14 (commencing with Section
30501) of the Food and Agricultural Code.
598. Every person who, within any public cemetery or burying
ground, kills, wounds, or traps any bird, or destroys any bird's nest
other than swallows' nests, or removes any eggs or young birds from
any nest, is guilty of a misdemeanor.
598a. (a) Every person is guilty of a misdemeanor who kills any dog
or cat with the sole intent of selling or giving away the pelt of
such animal.
(b) Every person is guilty of a misdemeanor who possesses, imports
into this state, sells, buys, gives away or accepts any pelt of a
dog or cat with the sole intent of selling or giving away the pelt of
the dog or cat, or who possesses, imports into this state, sells,
buys, gives away, or accepts any dog or cat, with the sole intent of
killing or having killed such dog or cat for the purpose of selling
or giving away the pelt of such animal.
598b. (a) Every person is guilty of a misdemeanor who possesses,
imports into, or exports from, this state, sells, buys, gives away,
or accepts any carcass or part of any carcass of any animal
traditionally or commonly kept as a pet or companion with the intent
of using or having another person use any part of that carcass for
food.
(b) Every person is guilty of a misdemeanor who possesses, imports
into, or exports from, this state, sells, buys, gives away, or
accepts any animal traditionally or commonly kept as a pet or
companion with the intent of killing or having another person kill
that animal for the purpose of using or having another person use any
part of the animal for food.
(c) This section shall not be construed to interfere with the
production, marketing, or disposal of any livestock, poultry, fish,
shellfish, or any other agricultural commodity produced in this
state. Nor shall this section be construed to interfere with the
lawful killing of wildlife, or the lawful killing of any other animal
under the laws of this state pertaining to game animals.
598c. (a) Notwithstanding any other provision of law, it is
unlawful for any person to possess, to import into or export from the
state, or to sell, buy, give away, hold, or accept any horse with
the intent of killing, or having another kill, that horse, if that
person knows or should have known that any part of that horse will be
used for human consumption.
(b) For purposes of this section, "horse" means any equine,
including any horse, pony, burro, or mule.
(c) Violation of this section is a felony punishable by
imprisonment in the state prison for 16 months, or two or three
years.
(d) It is not the intent of this section to affect any commonly
accepted commercial, noncommercial, recreational, or sporting
activity that relates to horses.
(e) It is not the intent of this section to affect any existing
law that relates to horse taxation or zoning.
598d. (a) Notwithstanding any other provision of law, horsemeat may
not be offered for sale for human consumption. No restaurant, cafe,
or other public eating place may offer horsemeat for human
consumption.
(b) Violation of this section is a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000), or by
confinement in jail for not less than 30 days nor more than two
years, or by both that fine and confinement.
(c) A second or subsequent offense under this section is
punishable by imprisonment in the state prison for not less than two
years nor more than five years.
599. Every person is guilty of a misdemeanor who:
(a) Sells or gives away, any live chicks, rabbits, ducklings, or
other fowl as a prize for, or as an inducement to enter, any contest,
game or other competition or as an inducement to enter a place of
amusement or place of business; or
(b) Dyes or otherwise artificially colors any live chicks,
rabbits, ducklings or other fowl, or sells, offers for sale, or gives
away any live chicks, rabbits, ducklings, or other fowl which has
been dyed or artificially colored; or
(c) Maintains or possesses any live chicks, rabbits, ducklings, or
other fowl for the purpose of sale or display without adequate
facilities for supplying food, water and temperature control needed
to maintain the health of such fowl or rabbit; or
(d) Sells, offers for sale, barters, or for commercial purposes
gives away, any live chicks, rabbits, ducklings, or other fowl on any
street or highway. This section shall not be construed to prohibit
established hatchery management procedures or the display, or sale of
natural chicks, rabbits, ducklings, or other fowl in proper
facilities by dealers, hatcheries, poultrymen, or stores regularly
engaged in the business of selling the same.
599a. When complaint is made, on oath, to any magistrate authorized
to issue warrants in criminal cases, that the complainant believes
that any provision of law relating to, or in any way affecting, dumb
animals or birds, is being, or is about to be violated in any
particular building or place, the magistrate must issue and deliver
immediately a warrant directed to any sheriff, police or peace
officer or officer of any incorporated association qualified as
provided by law, authorizing him to enter and search that building or
place, and to arrest any person there present violating, or
attempting to violate, any law relating to, or in any way affecting,
dumb animals or birds, and to bring that person before some court or
magistrate of competent jurisdiction, within the city, city and
county, or judicial district within which the offense has been
committed or attempted, to be dealt with according to law, and the
attempt must be held to be a violation of Section 597.
599aa. (a) Any authorized officer making an arrest under Section
597.5 shall, and any authorized officer making an arrest under
Section 597b, 597c, 597j, or 599a may, lawfully take possession of
all birds or animals and all paraphernalia, implements or other
property or things used or employed, or about to be employed, in the
violation of any of the provisions of this code relating to the
fighting of birds or animals that can be used in animal or bird
fighting, in training animals or birds to fight, or to inflict pain
or cruelty upon animals or birds in respect to animal or bird
fighting.
(b) Upon taking possession, the officer shall inventory the items
seized and question the persons present as to the identity of the
owner or owners of the items. The inventory list shall identify the
location where the items were seized, the names of the persons from
whom the property was seized, and the names of any known owners of
the property.
Any person claiming ownership or possession of any item shall be
provided with a signed copy of the inventory list which shall
identify the seizing officer and his or her employing agency. If no
person claims ownership or possession of the items, a copy of the
inventory list shall be left at the location from which the items
were seized.
(c) The officer shall file with the magistrate before whom the
complaint against the arrested person is made, a copy of the
inventory list and an affidavit stating the affiant's basis for his
or her belief that the property and items taken were in violation of
this code. On receipt of the affidavit, the magistrate shall order
the items seized to be held until the final disposition of any
charges filed in the case subject to subdivision (e).
(d) All animals and birds seized shall, at the discretion of the
seizing officer, be taken promptly to an appropriate animal storage
facility. For purposes of this subdivision, an appropriate animal
storage facility is one in which the animals or birds may be stored
humanely. However, if an appropriate animal storage facility is not
available, the officer may cause the animals or birds used in
committing or possessed for the purpose of the alleged offenses to
remain at the location at which they were found. In determining
whether it is more humane to leave the animals or birds at the
location at which they were found than to take the animals or birds
to an animal storage facility, the officer shall, at a minimum,
consider the difficulty of transporting the animals or birds and the
adequacy of the available animal storage facility. When the officer
does not seize and transport all animals or birds to a storage
facility, he or she shall do both of the following:
(1) Seize a representative sample of animals or birds for
evidentiary purposes from the animals or birds found at the site of
the alleged offenses. The animals or birds seized as a representative
sample shall be transported to an appropriate animal storage
facility.
(2) Cause all animals or birds used in committing or possessed for
the purpose of the alleged offenses to be banded, tagged, or marked
by microchip, and photographed or videotaped for evidentiary
purposes.
(e) (1) If ownership of the seized animals or birds cannot be
determined after reasonable efforts, the officer or other person
named and designated in the order as custodian of the animals or
birds may, after holding the animals and birds for a period of not
less than 10 days, petition the magistrate for permission to humanely
destroy or otherwise dispose of the animals or birds. The petition
shall be published for three successive days in a newspaper of
general circulation. The magistrate shall hold a hearing on the
petition not less than 10 days after seizure of the animals or
birds, after which he or she may order the animals or birds to be
humanely destroyed or otherwise disposed of, or to be retained by the
officer or person with custody until the conviction or final
discharge of the arrested person. No animal or bird may be destroyed
or otherwise disposed of until 4 days after the order.
(2) Paragraph (1) shall apply only to those animals and birds
seized under any of the following circumstances:
(A) After having been used in violation of any of the provisions
of this code relating to the fighting of birds or animals.
(B) At the scene or site of a violation of any of the provisions
of this code relating to the fighting of birds or animals.
(f) Upon the conviction of the arrested person, all property
seized shall be adjudged by the court to be forfeited and shall then
be destroyed or otherwise disposed of as the court may order. Upon
the conviction of the arrested person, the court may order the person
to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the animals
or birds. Each person convicted in connection with a particular
animal or bird, excluding any person convicted as a spectator
pursuant to Section 597b or 597c, or subdivision (b) of Section
597.5, may be held jointly and severally liable for restitution
pursuant to this subdivision. This payment shall be in addition to
any other fine or other sentence ordered by the court. The court
shall specify in the order that the public entity shall not enforce
the order until the defendant satisfies all other outstanding fines,
penalties, assessments, restitution fines, and restitution orders.
The court may relieve any convicted person of the obligation to make
payment pursuant to this subdivision for good cause but shall state
the reasons for that decision in the record. In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the delivery of the
property held in custody to the owner. If the owner is unknown, the
court shall order the animals or birds to be humanely destroyed or
otherwise disposed of.
599b. In this title, the word "animal" includes every dumb
creature; the words "torment," "torture," and "cruelty" include every
act, omission, or neglect whereby unnecessary or unjustifiable
physical pain or suffering is caused or permitted; and the words
"owner" and "person" include corporations as well as individuals; and
the knowledge and acts of any agent of, or person employed by, a
corporation in regard to animals transported, owned, or employed by,
or in the custody of, the corporation, must be held to be the act and
knowledge of the corporation as well as the agent or employee.
599c. No part of this title shall be construed as interfering with
any of the laws of this state known as the "game laws," or any laws
for or against the destruction of certain birds, nor must this title
be construed as interfering with the right to destroy any venomous
reptile, or any animal known as dangerous to life, limb, or property,
or to interfere with the right to kill all animals used for food, or
with properly conducted scientific experiments or investigations
performed under the authority of the faculty of a regularly
incorporated medical college or university of this state.
599d. (a) It is the policy of the state that no adoptable animal
should be euthanized if it can be adopted into a suitable home.
Adoptable animals include only those animals eight weeks of age or
older that, at or subsequent to the time the animal is impounded or
otherwise taken into possession, have manifested no sign of a
behavioral or temperamental defect that could pose a health or safety
risk or otherwise make the animal unsuitable for placement as a pet,
and have manifested no sign of disease, injury, or congenital or
hereditary condition that adversely affects the health of the animal
or that is likely to adversely affect the animal's health in the
future.
(b) It is the policy of the state that no treatable animal should
be euthanized. A treatable animal shall include any animal that is
not adoptable but that could become adoptable with reasonable
efforts. This subdivision, by itself, shall not be the basis of
liability for damages regarding euthanasia.
599e. Every animal which is unfit, by reason of its physical
condition, for the purpose for which such animals are usually
employed, and when there is no reasonable probability of such animal
ever becoming fit for the purpose for which it is usually employed,
shall be by the owner or lawful possessor of the same, deprived of
life within 12 hours after being notified by any peace officer,
officer of said society, or employee of a pound or animal regulation
department of a public agency who is a veterinarian, to kill the
same, and such owner, possessor, or person omitting or refusing to
comply with the provisions of this section shall, upon conviction, be
deemed guilty of a misdemeanor, and after such conviction the court
or magistrate having jurisdiction of such offense shall order any
peace officer, officer of said society, or officer of a pound or
animal regulation department of a public agency, to immediately kill
such animal; provided, that this shall not apply to such owner
keeping any old or diseased animal belonging to him on his own
premises with proper care.
599f. (a) No slaughterhouse that is not inspected by the United
States Department of Agriculture, stockyard, or auction shall buy,
sell, or receive a nonambulatory animal.
(b) No slaughterhouse, stockyard, auction, market agency, or
dealer shall hold a nonambulatory animal without taking immediate
action to humanely euthanize the animal or remove the animal from the
premises.
(c) While in transit or on the premises of a stockyard, auction,
market agency, dealer, or slaughterhouse, a nonambulatory animal may
not be dragged at any time, or pushed with equipment at any time, but
shall be moved with a sling or on a stoneboat or other sled-like or
wheeled conveyance.
(d) A violation of this section is a misdemeanor.
(e) As used in this section, "nonambulatory" means unable to stand
and walk without assistance.
(f) As used in this section, "animal" means live cattle, swine,
sheep, or goats.
(g) As used in this section, "humanely euthanized" means to kill
by a mechanical, chemical, or electrical method that rapidly and
effectively renders the animal insensitive to pain.
600. (a) Any person who willfully and maliciously and with no legal
justification strikes, beats, kicks, cuts, stabs, shoots with a
firearm, administers any poison or other harmful or stupefying
substance to, or throws, hurls, or projects at, or places any rock,
object, or other substance which is used in such a manner as to be
capable of producing injury and likely to produce injury, on or in
the path of, any horse being used by, or any dog under the
supervision of, any peace officer in the discharge or attempted
discharge of his or her duties, is guilty of a public offense. If
the injury inflicted is a serious injury, as defined in subdivision
(c), the person shall be punished by imprisonment in the state prison
for 16 months, two or three years, or in a county jail for not
exceeding one year, or by a fine not exceeding two thousand dollars
($2,000), or by both a fine and imprisonment. If the injury
inflicted is not a serious injury, the person shall be punished by
imprisonment in the county jail for not exceeding one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both a fine
and imprisonment.
(b) Any person who willfully and maliciously and with no legal
justification interferes with or obstructs any horse or dog being
used by any peace officer in the discharge or attempted discharge of
his or her duties by frightening, teasing, agitating, harassing, or
hindering the horse or dog shall be punished by imprisonment in a
county jail for not exceeding one year, or by a fine not exceeding
one thousand dollars ($1,000), or by both a fine and imprisonment.
(c) Any person who, in violation of this section, and with intent
to inflict such injury or death, personally causes the death,
destruction, or serious physical injury including bone fracture, loss
or impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling, of any horse or dog, shall,
upon conviction of a felony under this section, in addition and
consecutive to the punishment prescribed for the felony, be punished
by an additional term of imprisonment in the state prison for one
year.
(d) Any person who, in violation of this section, and with the
intent to inflict such injury, personally causes great bodily injury,
as defined in Section 12022.7, to any person not an accomplice,
shall, upon conviction of a felony under this section, in addition
and consecutive to the punishment prescribed for the felony, be
punished by an additional term of imprisonment in the state prison
for two years unless the conduct described in this subdivision is an
element of any other offense of which the person is convicted or
receives an enhancement under Section 12022.7.
(e) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the agency owning the animal and employing the peace officer for
any veterinary bills, replacement costs of the animal if it is
disabled or killed, and the salary of the peace officer for the
period of time his or her services are lost to the agency.
600.2. (a) It is a crime for any person to permit any dog which is
owned, harbored, or controlled by him or her to cause injury to or
the death of any guide, signal, or service dog, as defined by Section
54.1 of the Civil Code, while the guide, signal, or service dog is
in discharge of its duties.
(b) A violation of this section is an infraction punishable by a
fine not to exceed two hundred fifty dollars ($250) if the injury or
death to any guide, signal, or service dog is caused by the person's
failure to exercise ordinary care in the control of his or her dog.
(c) A violation of this section is a misdemeanor if the injury or
death to any guide, signal, or service dog is caused by the person's
reckless disregard in the exercise of control over his or her dog,
under circumstances that constitute such a departure from the conduct
of a reasonable person as to be incompatible with a proper regard
for the safety and life of any guide, signal, or service dog. A
violation of this subdivision shall be punishable by imprisonment in
a county jail not exceeding one year, or by a fine of not less than
two thousand five hundred dollars ($2,500) nor more than five
thousand dollars ($5,000), or both. The court shall consider the
costs ordered pursuant to subdivision (d) when determining the amount
of any fines.
(d) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the person with a disability who has custody or ownership of the
guide, signal, or service dog for any veterinary bills and
replacement costs of the dog if it is disabled or killed, or other
reasonable costs deemed appropriate by the court. The costs ordered
pursuant to this subdivision shall be paid prior to any fines.
600.5. (a) Any person who intentionally causes injury to or the
death of any guide, signal, or service dog, as defined by Section
54.1 of the Civil Code, while the dog is in discharge of its duties,
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both a fine and imprisonment. The court
shall consider the costs ordered pursuant to subdivision (b) when
determining the amount of any fines.
(b) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the person with a disability who has custody or ownership of the
dog for any veterinary bills and replacement costs of the dog if it
is disabled or killed, or other reasonable costs deemed appropriate
by the court. The costs ordered pursuant to this subdivision shall
be paid prior to any fines.
601. (a) Any person is guilty of trespass who makes a credible
threat to cause serious bodily injury, as defined in subdivision (a)
of Section 417.6, to another person with the intent to place that
other person in reasonable fear for his or her safety, or the safety
of his or her immediate family, as defined in subdivision (l) of
Section 646.9, and who does any of the following:
(1) Within 30 days of the threat, unlawfully enters into the
residence or real property contiguous to the residence of the person
threatened without lawful purpose, and with the intent to execute the
threat against the target of the threat.
(2) Within 30 days of the threat, knowing that the place is the
threatened person's workplace, unlawfully enters into the workplace
of the person threatened and carries out an act or acts to locate the
threatened person within the workplace premises without lawful
purpose, and with the intent to execute the threat against the target
of the threat.
(b) Subdivision (a) shall not apply if the residence, real
property, or workplace described in paragraph (1) or (2) that is
entered is the residence, real property, or workplace of the person
making the threat.
(c) This section shall not apply to any person who is engaged in
labor union activities which are permitted to be carried out on the
property by the California Agricultural Labor Relations Act, Part 3.5
(commencing with Section 1140) of Division 2 of the Labor Code, or
by the National Labor Relations Act.
(d) A violation of this section shall be punishable by
imprisonment in the state prison, or by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding two thousand
dollars ($2,000), or by both a fine and imprisonment.
602. Except as provided in paragraph (2) of subdivision (v),
subdivision (x), and Section 602.8, every person who willfully
commits a trespass by any of the following acts is guilty of a
misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard or
notice is intended to indicate or designate a road, or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or not,
without the license of the owner or legal occupant; or damaging,
destroying, or removing, or causing to be removed, damaged, or
destroyed, any stakes, marks, fences, or signs intended to designate
the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals not
less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent or by the person in lawful possession.
(l) Entering any lands under cultivation or enclosed by fence,
belonging to, or occupied by, another, or entering upon uncultivated
or unenclosed lands where signs forbidding trespass are displayed at
intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering the lands without the
written permission of the owner of the land, the owner's agent or of
the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
(o) Refusing or failing to leave land, real property, or
structures belonging to or lawfully occupied by another and not open
to the general public, upon being requested to leave by (1) a peace
officer at the request of the owner, the owner's agent, or the person
in lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner's
agent, or the person in lawful possession, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of
a resident or management and who are not loitering or otherwise
suspected of violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchman, or custodian of the public agency
owning or maintaining the building or property, if the surrounding
circumstances would indicate to a reasonable person that the person
has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
(t) Entering upon private property, including contiguous land,
real property, or structures thereon belonging to the same owner,
whether or not generally open to the public, after having been
informed by a peace officer at the request of the owner, the owner's
agent, or the person in lawful possession, and upon being informed by
the peace officer that he or she is acting at the request of the
owner, the owner's agent, or the person in lawful possession, that
the property is not open to the particular person; or refusing or
failing to leave the property upon being asked to leave the property
in the manner provided in this subdivision.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of
Section 667.5, committed upon the particular private property. A
single notification or request to the person as set forth above shall
be valid and enforceable under this subdivision unless and until
rescinded by the owner, the owner's agent, or the person in lawful
possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport or passenger vessel terminal operations area if the area has
been posted with notices restricting access to authorized personnel
only and the postings occur not greater than every 150 feet along the
exterior boundary, to the extent, in the case of a passenger vessel
terminal, as defined in subparagraph (B) of paragraph (3), that the
exterior boundary extends shoreside. To the extent that the exterior
boundary of a passenger vessel terminal operations area extends
waterside, this prohibition shall apply if notices have been posted
in a manner consistent with the requirements for the shoreside
exterior boundary, or in any other manner approved by the captain of
the port.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both, if
the person refuses to leave the airport or passenger vessel terminal
after being requested to leave by a peace officer or authorized
personnel.
(C) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both,
for a second or subsequent offense.
(3) As used in this subdivision the following definitions shall
control:
(A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
(B) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section, "passenger vessel terminal" does not
include any area designated a public access area pursuant to Section
105.106 of Title 33 of the Code of Federal Regulations.
(C) "Authorized personnel" means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card.
(D) "Airport" means any facility whose function is to support
commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport or passenger vessel terminal, as defined in Section 171.5.
(2) A violation of this subdivision that is responsible for the
evacuation of an airport terminal or passenger vessel terminal and is
responsible in any part for delays or cancellations of scheduled
flights or departures is punishable by imprisonment of not more than
one year in a county jail if the sterile area is posted with a
statement providing reasonable notice that prosecution may result
from a trespass described in this subdivision.
(w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
(2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars
($100).
(B) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or both, if the
person refuses to leave the posted area after being requested to
leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or both, for a
second or subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.
602.1. (a) Any person who intentionally interferes with any lawful
business or occupation carried on by the owner or agent of a business
establishment open to the public, by obstructing or intimidating
those attempting to carry on business, or their customers, and who
refuses to leave the premises of the business establishment after
being requested to leave by the owner or the owner's agent, or by a
peace officer acting at the request of the owner or owner's agent, is
guilty of a misdemeanor, punishable by imprisonment in a county jail
for up to 90 days, or by a fine of up to four hundred dollars
($400), or by both that imprisonment and fine.
(b) Any person who intentionally interferes with any lawful
business carried on by the employees of a public agency open to the
public, by obstructing or intimidating those attempting to carry on
business, or those persons there to transact business with the public
agency, and who refuses to leave the premises of the public agency
after being requested to leave by the office manager or a supervisor
of the public agency, or by a peace officer acting at the request of
the office manager or a supervisor of the public agency, is guilty of
a misdemeanor, punishable by imprisonment in a county jail for up to
90 days, or by a fine of up to four hundred dollars ($400), or by
both that imprisonment and fine.
(c) This section shall not apply to any of the following persons:
(1) Any person engaged in lawful labor union activities that are
permitted to be carried out on the property by state or federal law.
(2) Any person on the premises who is engaging in activities
protected by the California Constitution or the United States
Constitution.
(d) Nothing in this section shall be deemed to supersede the
application of any other law.
602.2. Any ordinance or resolution adopted by a county which
requires written permission to enter vacant or unimproved private
land from either the owner, the owner's agent, or the person in
lawful possession of private land, shall not apply unless the land is
immediately adjacent and contiguous to residential property, or
enclosed by fence, or under cultivation, or posted with signs
forbidding trespass, displayed at intervals of not less than three to
a mile, along all exterior boundaries and at all roads and trails
entering the private land.
602.3. (a) A lodger who is subject to Section 1946.5 of the Civil
Code and who remains on the premises of an owner-occupied dwelling
unit after receipt of a notice terminating the hiring, and expiration
of the notice period, provided in Section 1946.5 of the Civil Code
is guilty of an infraction and may, pursuant to Section 837, be
arrested for the offense by the owner, or in the event the owner is
represented by a court-appointed conservator, executor, or
administrator, by the owner's representative. Notwithstanding
Section 853.5, the requirement of that section for release upon a
written promise to appear shall not preclude an assisting peace
officer from removing the person from the owner-occupied dwelling
unit.
(b) The removal of a lodger from a dwelling unit by the owner
pursuant to subdivision (a) is not a forcible entry under the
provisions of Section 1159 of the Code of Civil Procedure and shall
not be a basis for civil liability under that section.
(c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4
of Division 3 of the Civil Code applies to any personal property of
the lodger which remains on the premises following the lodger's
removal from the premises pursuant to this section.
(d) Nothing in this section shall be construed to limit the owner'
s right to have a lodger removed under other provisions of law.
(e) Except as provided in subdivision (b), nothing in this section
shall be construed to limit or affect in any way any cause of action
an owner or lodger may have for damages for any breach of the
contract of the parties respecting the lodging.
(f) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.
602.4. Every person who enters or remains on airport property owned
by a city, county, or city and county but located in another county,
and sells, peddles, or offers for sale any goods, merchandise,
property, or services of any kind whatsoever, to members of the
public, including transportation services, other than charter
limousines licensed by the Public Utilities Commission, on or from
the airport property, without the express written consent of the
governing board of the airport property, or its duly authorized
representative, is guilty of a misdemeanor.
Nothing in this section affects the power of a county, city, or
city and county to regulate the sale, peddling or offering for sale
of goods, merchandise, property, or services.
602.5. (a) Every person other than a public officer or employee
acting within the course and scope of his or her employment in
performance of a duty imposed by law, who enters or remains in any
noncommercial dwelling house, apartment, or other residential place
without consent of the owner, his or her agent, or the person in
lawful possession thereof, is guilty of a misdemeanor.
(b) Every person other than a public officer or an employee acting
within the course and scope of his employment in performance of a
duty imposed by law, who, without the consent of the owner, his or
her agent, or the person in lawful possession thereof, enters or
remains in any noncommercial dwelling house, apartment, or other
residential place while a resident, or another person authorized to
be in the dwelling, is present at any time during the course of the
incident is guilty of aggravated trespass punishable by imprisonment
in a county jail for not more than one year or by a fine of not more
than one thousand dollars ($1,000), or by both that fine and
imprisonment.
(c) If the court grants probation, it may order a person convicted
of a misdemeanor under subdivision (b) to up to three years of
supervised probation. It shall be a condition of probation that the
person participate in counseling, as designated by the court.
(d) If a person is convicted of a misdemeanor under subdivision
(b), the sentencing court shall also consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to three years, as determined by the court. In
determining the length of the restraining order, the court shall
consider, among other factors, the seriousness of the facts before
the court, the probability of future violations, and the safety of
the victim and his or her immediate family.
(e) Nothing in this section shall preclude prosecution under
Section 459 or any other provision of law.
602.6. Every person who enters or remains in, or upon, any state,
county, district, or citrus fruit fair buildings or grounds, when the
buildings or grounds are not open to the general public, after
having been ordered or directed by a peace officer or a fair manager
to leave the building or grounds and when the order or direction to
leave is issued after determination that the person has no apparent
lawful business or other legitimate reason for remaining on the
property, and fails to identify himself or herself and account for
his or her presence, is guilty of a misdemeanor.
602.7. Every person who enters or remains on any property,
facility, or vehicle owned by the San Francisco Bay Area Rapid
Transit District or the Southern California Rapid Transit District,
and sells or peddles any goods, merchandise, property, or services of
any kind whatsoever on the property, facilities, or vehicles,
without the express written consent of the governing board of the San
Francisco Bay Area Rapid Transit District or the governing board of
the Southern California Rapid Transit District, or its duly
authorized representatives, is guilty of an infraction.
Nothing in this section affects the power of a county, city,
transit district, or city and county to regulate the sale or peddling
of goods, merchandise, property, or services.
602.8. (a) Any person who without the written permission of the
landowner, the owner's agent, or the person in lawful possession of
the land, willfully enters any lands under cultivation or enclosed by
fence, belonging to, or occupied by, another, or who willfully
enters upon uncultivated or unenclosed lands where signs forbidding
trespass are displayed at intervals not less than three to the mile
along all exterior boundaries and at all roads and trails entering
the lands, is guilty of a public offense.
(b) Any person convicted of a violation of subdivision (a) shall
be punished as follows:
(1) A first offense is an infraction punishable by a fine of
seventy-five dollars ($75).
(2) A second offense on the same land or any contiguous land of
the same landowner, without the permission of the landowner, the
landowner's agent, or the person in lawful possession of the land, is
an infraction punishable by a fine of two hundred fifty dollars
($250).
(3) A third or subsequent offense on the same land or any
contiguous land of the same landowner, without the permission of the
landowner, the landowner's agent, or the person in lawful possession
of the land, is a misdemeanor.
(c) Subdivision (a) shall not apply to any of the following:
(1) Any person engaged in lawful labor union activities which are
permitted to be carried out on property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act.
(2) Any person on the premises who is engaging in activities
protected by the California or United States Constitution.
(3) Any person described in Section 22350 of the Business and
Professions Code who is making a lawful service of process.
(4) Any person licensed pursuant to Chapter 15 (commencing with
Section 8700) of Division 3 of the Business and Professions Code who
is engaged in the lawful practice of land surveying as authorized by
Section 846.5 of the Civil Code.
(d) For any infraction charged pursuant to this section, the
defendant shall have the option to forfeit bail in lieu of making a
court appearance. Notwithstanding subdivision (e) of Section 853.6,
if the offender elects to forfeit bail pursuant to this subdivision,
no further proceedings shall be had in the case.
602.9. (a) Except as provided in subdivision (c), any person who,
without the owner's or owner's agent's consent, claims ownership or
claims or takes possession of a residential dwelling for the purpose
of renting that dwelling to another is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or by both
such imprisonment and fine. Each violation is a separate offense.
(b) Except as provided in subdivision (c), any person who, without
the owner's or owner's agent's consent, causes another person to
enter or remain in any residential dwelling for the purpose of
renting that dwelling to another, is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or by both
such imprisonment and fine. Each violation is a separate offense.
(c) This section does not apply to any tenant, subtenant, lessee,
sublessee, or assignee, nor to any other hirer having a lawful
occupancy interest in the residential dwelling.
602.10. Every person who, by physical force and with the intent to
prevent attendance or instruction, willfully obstructs or attempts to
obstruct any student or teacher seeking to attend or instruct
classes at any of the campuses or facilities owned, controlled, or
administered by the Regents of the University of California, the
Trustees of the California State University, or the governing board
of a community college district shall be punished by a fine not
exceeding five hundred dollars ($500), by imprisonment in a county
jail for a period of not exceeding one year, or by both such fine and
imprisonment.
As used in this section, "physical force" includes, but is not
limited to, use of one's person, individually or in concert with
others, to impede access to, or movement within, or otherwise to
obstruct the students and teachers of the classes to which the
premises are devoted.
602.11. (a) Any person, alone or in concert with others, who
intentionally prevents an individual from entering or exiting a
health care facility, place of worship, or school by physically
detaining the individual or physically obstructing the individual's
passage shall be guilty of a misdemeanor punishable by imprisonment
in the county jail, or a fine of not more than two hundred fifty
dollars ($250), or both, for the first offense; imprisonment in the
county jail for not less than five days and a fine of not more than
five hundred dollars ($500) for the second offense; and imprisonment
in the county jail for not less than 30 days and a fine of not more
than two thousand dollars ($2,000) for a third or subsequent offense.
However, the court may order the defendant to perform community
service, in lieu of any fine or any imprisonment imposed under this
section, if it determines that paying the fine would result in undue
hardship to the defendant or his or her dependents.
(b) As used in subdivision (a), the following terms have the
following meanings:
(1) "Physically" does not include speech.
(2) "Health care facility" means a facility licensed pursuant to
Chapter 1 (commencing with Section 1200) of Division 2 of the Health
and Safety Code, a health facility licensed pursuant to Chapter 2
(commencing with Section 1250) of Division 2 of the Health and Safety
Code, or any facility where medical care is regularly provided to
individuals by persons licensed under Division 2 (commencing with
Section 500) of the Business and Professions Code, the Osteopathic
Initiative Act, or the Chiropractic Initiative Act.
(3) "Person" does not include an officer, employee, or agent of
the health care facility, or a law enforcement officer, acting in the
course of his or her employment.
(c) This section shall not be interpreted to prohibit any lawful
activities permitted under the laws of the State of California or by
the National Labor Relations Act in connection with a labor dispute.
602.12. (a) Any person who enters the residential real property of
an academic researcher for the purpose of chilling, preventing the
exercise of, or interfering with the researcher's academic freedom is
guilty of trespass, a misdemeanor.
(b) For the purposes of this section, the following definitions
apply:
(1) "Academic researcher" means any person lawfully engaged in
academic research who is a student, trainee, employee, or affiliated
physician of an accredited California community college, a campus of
the California State University or the University of California, or a
Western Association of Schools and Colleges accredited, degree
granting, nonprofit institution. Academic research does not include
routine, nonlaboratory coursework or assignments.
(2) "Academic freedom" means the lawful performance,
dissemination, or publication of academic research or instruction.
(c) This section shall not apply to any person who is lawfully
engaged in labor union activities that are protected under state or
federal law.
(d) This section shall not preclude prosecution under any other
provision of law.
603. Every person other than a peace officer engaged in the
performance of his duties as such who forcibly and without the
consent of the owner, representative of the owner, lessee or
representative of the lessee thereof, enters a dwelling house, cabin,
or other building occupied or constructed for occupation by humans,
and who damages, injures or destroys any property of value in, around
or appertaining to such dwelling house, cabin or other building, is
guilty of a misdemeanor.
604. Every person who maliciously injures or destroys any standing
crops, grain, cultivated fruits or vegetables, the property of
another, in any case for which a punishment is not otherwise
prescribed by this Code, is guilty of a misdemeanor.
605. Every person who either:
1. Maliciously removes any monument erected for the purpose of
designating any point in the boundary of any lot or tract of land, or
a place where a subaqueous telegraph cable lies; or,
2. Maliciously defaces or alters the marks upon any such monument;
or,
3. Maliciously cuts down or removes any tree upon which any such
marks have been made for such purpose, with intent to destroy such
marks;
--Is guilty of a misdemeanor.
607. Every person who willfully and maliciously cuts, breaks,
injures, or destroys, or who, without the authority of the owner or
managing agent, operates any gate or control of, any bridge, dam,
canal, flume, aqueduct, levee, embankment, reservoir, or other
structure erected to create hydraulic power, or to drain or reclaim
any swamp, overflow, tide, or marsh land, or to store or conduct
water for mining, manufacturing, reclamation, or agricultural
purposes, or for the supply of the inhabitants of any city or town,
or any embankment necessary to the same, or either of them, or
willfully or maliciously makes, or causes to be made, any aperture or
plows up the bottom or sides in the dam, canal, flume, aqueduct,
reservoir, embankment, levee, or structure, with intent to injure or
destroy the same; or draws up, cuts, or injures any piles fixed in
the ground for the purpose of securing any sea bank, sea wall, dock,
quay, jetty, or lock; or who, between the first day of October and
the fifteenth day of April of each year, plows up or loosens the soil
in the bed on the side of any natural water course, reclamation
ditch, or drainage ditch, with an intent to destroy the same without
removing the soil within 24 hours from the water course, reclamation
ditch, or drainage ditch, or who, between the fifteenth day of April
and the first day of October of each year, plows up or loosens the
soil in the bed or on the sides of the natural water course,
reclamation ditch, or drainage ditch, with an intent to destroy the
same and does not remove therefrom the soil so plowed up or loosened
before the first day of October next thereafter, is guilty of
vandalism under Section 594. Nothing in this section shall be
construed so as to in any manner prohibit any person from digging or
removing soil from any water course, reclamation ditch, or drainage
ditch for the purpose of mining.
610. Every person who unlawfully masks, alters, or removes any
light or signal, or willfully exhibits any light or signal, with
intent to bring any vessel into danger, is punishable by imprisonment
in the state prison.
615. Every person who willfully injures, defaces, or removes any
signal, monument, building, or appurtenance thereto, placed, erected,
or used by persons engaged in the United States Coast Survey, is
guilty of a misdemeanor.
616. Every person who intentionally defaces, obliterates, tears
down, or destroys any copy or transcript, or extract from or of any
law of the United States or of this State, or any proclamation,
advertisement, or notification set up at any place in this State, by
authority of any law of the United States or of this State, or by
order of any Court, before the expiration of the time for which the
same was to remain set up, is punishable by fine not less than twenty
nor more than one hundred dollars, or by imprisonment in the County
Jail not more than one month.
617. Every person who maliciously mutilates, tears, defaces,
obliterates, or destroys any written instrument, the property of
another, the false making of which would be forgery, is punishable by
imprisonment in the state prison.
618. Every person who willfully opens or reads, or causes to be
read, any sealed letter not addressed to himself, without being
authorized so to do, either by the writer of such letter or by the
person to whom it is addressed, and every person who, without the
like authority, publishes any of the contents of such letter, knowing
the same to have been unlawfully opened, is guilty of a misdemeanor.
620. Every person who willfully alters the purport, effect, or
meaning of a telegraphic or telephonic message to the injury of
another, is punishable by imprisonment in the state prison, or in the
county jail not exceeding one year, or by fine not exceeding ten
thousand dollars ($10,000), or by both such fine and imprisonment.
621. Every person who maliciously destroys, cuts, breaks,
mutilates, effaces, or otherwise injures, tears down, or removes any
law enforcement memorial or firefighter's memorial is guilty of a
crime punishable by imprisonment in the state prison or by
imprisonment in the county jail for less than one year.
622. Every person, not the owner thereof, who willfully injures,
disfigures, or destroys any monument, work of art, or useful or
ornamental improvement within the limits of any village, town, or
city, or any shade tree or ornamental plant growing therein, whether
situated upon private ground or on any street, sidewalk, or public
park or place, is guilty of a misdemeanor.
6221/2. Every person, not the owner thereof, who wilfully injures,
disfigures, defaces, or destroys any object or thing of archeological
or historical interest or value, whether situated on private lands
or within any public park or place, is guilty of a misdemeanor.
623. (a) Except as otherwise provided in Section 599c, any person
who, without the prior written permission of the owner of a cave,
intentionally and knowingly does any of the following acts is guilty
of a misdemeanor punishable by imprisonment in the county jail not
exceeding one year, or by a fine not exceeding one thousand dollars
($1,000), or by both such fine and imprisonment:
(1) Breaks, breaks off, cracks, carves upon, paints, writes or
otherwise marks upon or in any manner destroys, mutilates, injures,
defaces, mars, or harms any natural material found in any cave.
(2) Disturbs or alters any archaeological evidence of prior
occupation in any cave.
(3) Kills, harms, or removes any animal or plant life found in any
cave.
(4) Burns any material which produces any smoke or gas which is
harmful to any plant or animal found in any cave.
(5) Removes any material found in any cave.
(6) Breaks, forces, tampers with, removes or otherwise disturbs
any lock, gate, door, or any other structure or obstruction designed
to prevent entrance to any cave, whether or not entrance is gained.
(b) For purposes of this section:
(1) "Cave" means any natural geologically formed void or cavity
beneath the surface of the earth, not including any mine, tunnel,
aqueduct, or other manmade excavation, which is large enough to
permit a person to enter.
(2) "Owner" means the person or private or public agency which has
the right of possession to the cave.
(3) "Natural material" means any stalactite, stalagmite,
helictite, anthodite, gypsum flower or needle, flowstone, drapery,
column, tufa dam, clay or mud formation or concretion, crystalline
mineral formation, and any wall, ceiling, or mineral protuberance
therefrom, whether attached or broken, found in any cave.
(4) "Material" means all or any part of any archaeological,
paleontological, biological, or historical item including, but not
limited to, any petroglyph, pictograph, basketry, human remains,
tool, beads, pottery, projectile point, remains of historical mining
activity or any other occupation found in any cave.
(c) The entering or remaining in a cave by itself shall not
constitute a violation of this section.
624. Every person who wilfully breaks, digs up, obstructs, or
injures any pipe or main for conducting water, or any works erected
for supplying buildings with water, or any appurtenances or
appendages connected thereto, is guilty of a misdemeanor.
625. Every person who, with intent to defraud or injure, opens or
causes to be opened, or draws water from any stopcock or faucet by
which the flow of water is controlled, after having been notified
that the same has been closed or shut for specific cause, by order of
competent authority, is guilty of a misdemeanor.
625b. (a) Every person who willfully injures or tampers with any
aircraft or the contents or parts thereof, or removes any part of or
from an aircraft without the consent of the owner, and every person
who, with intent to commit any malicious mischief, injury or other
crime, climbs into or upon an aircraft or attempts to manipulate any
of the controls, starting mechanism, brakes or other mechanism or
device of an aircraft while it is at rest and unattended or who sets
in motion any aircraft while it is at rest and unattended, is guilty
of a misdemeanor and upon conviction shall be punished by
imprisonment for not more than six months or by a fine of not more
than one thousand dollars ($1,000), or by both such fine and
imprisonment.
(b) Every person who willfully and maliciously damages, injures,
or destroys any aircraft, or the contents or any part thereof, in
such a manner as to render the aircraft unsafe for those flight
operations for which it is designed and equipped is punishable by
imprisonment in the state prison, or by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both such fine and imprisonment.
625c. Any person who, with the intent to cause great bodily injury
to another person, willfully removes, tampers with, injures or
destroys any passenger transit vehicle or the contents or parts
thereof, or who willfully removes, tampers with or destroys, or
places an obstruction upon any part of the transit system, including
its right-of-way, structures, fixtures, tracks, switches or controls,
or who willfully sets a vehicle in motion while it is at rest and
unattended is guilty of a felony.[/align]
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Miscellaneous crimes
[align=left]626. (a) As used in this chapter, the following definitions apply:
(1) "University" means the University of California, and includes
any affiliated institution thereof and any campus or facility owned,
operated, or controlled by the Regents of the University of
California.
(2) "State university" means any California state university, and
includes any campus or facility owned, operated, or controlled by the
Trustees of the California State University.
(3) "Community college" means any public community college
established pursuant to the Education Code.
(4) "School" means any elementary school, junior high school,
four-year high school, senior high school, adult school or any branch
thereof, opportunity school, continuation high school, regional
occupational center, evening high school, or technical school or any
public right-of-way situated immediately adjacent to school property
or any other place if a teacher and one or more pupils are required
to be at that place in connection with assigned school activities.
(5) "Chief administrative officer" means either of the following:
(A) The president of the university or a state university, the
Chancellor of the California State University, or the officer
designated by the Regents of the University of California or
pursuant to authority granted by the Regents of the University of
California to administer and be the officer in charge of a campus or
other facility owned, operated, or controlled by the Regents of the
University of California, or the superintendent of a community
college district.
(B) For a school, the principal of the school, a person who
possesses a standard supervision credential or a standard
administrative credential and who is designated by the principal, or
a person who carries out the same functions as a person who possesses
a credential and who is designated by the principal.
(b) For the purpose of determining the penalty to be imposed
pursuant to this chapter, the court may consider a written report
from the Department of Justice containing information from its
records showing prior convictions; and that communication is prima
facie evidence of the convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
(c) As used in this code, the following definitions apply:
(1) "Pupil currently attending school" means a pupil enrolled in a
public school who has been in attendance or has had an excused
absence, for purposes of attendance accounting, for a majority of the
days for which the pupil has been enrolled in that school during the
school year.
(2) "Safe school zone" means an area that encompasses any of the
following places during regular school hours or within 60 minutes
before or after the schoolday or 60 minutes before or after a
school-sponsored activity at the schoolsite:
(A) Within 100 feet of a bus stop, whether or not a public transit
bus stop, that has been publicly designated by the school district
as a schoolbus stop. This definition applies only if the school
district has chosen to mark the bus stop as a schoolbus stop.
(B) Within 1,000 feet of a school, as designated by the school
district.
626.2. Every student or employee who, after a hearing, has been
suspended or dismissed from a community college, a state university,
the university, or a school for disrupting the orderly operation of
the campus or facility of such institution, and as a condition of
such suspension or dismissal has been denied access to the campus or
facility, or both, of the institution for the period of the
suspension or in the case of dismissal for a period not to exceed one
year; who has been served by registered or certified mail, at the
last address given by such person, with a written notice of such
suspension or dismissal and condition; and who willfully and
knowingly enters upon the campus or facility of the institution to
which he or she has been denied access, without the express written
permission of the chief administrative officer of the campus or
facility, is guilty of a misdemeanor and shall be punished as
follows:
(1) Upon a first conviction, by a fine of not exceeding five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both such fine and
imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both such imprisonment and a fine
of not exceeding five hundred dollars ($500), and shall not be
released on probation, parole, or any other basis until he or she has
served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both such
imprisonment and a fine of not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
Knowledge shall be presumed if notice has been given as prescribed
in this section. The presumption established by this section is a
presumption affecting the burden of proof.
626.4. (a) The chief administrative officer of a campus or other
facility of a community college, a state university, the university,
or a school, or an officer or employee designated by the chief
administrative officer to maintain order on such campus or facility,
may notify a person that consent to remain on the campus or other
facility under the control of the chief administrative officer has
been withdrawn whenever there is reasonable cause to believe that
such person has willfully disrupted the orderly operation of such
campus or facility.
(b) Whenever consent is withdrawn by any authorized officer or
employee, other than the chief administrative officer, such officer
or employee shall as soon as is reasonably possible submit a written
report to the chief administrative officer. The report shall contain
all of the following:
(1) The description of the person from whom consent was withdrawn,
including, if available, the person's name, address, and phone
number.
(2) A statement of the facts giving rise to the withdrawal of
consent.
If the chief administrative officer or, in the chief
administrative officer's absence, a person designated by him or her
for this purpose, upon reviewing the report, finds that there was
reasonable cause to believe that such person has willfully disrupted
the orderly operation of the campus or facility, he or she may enter
written confirmation upon the report of the action taken by the
officer or employee. If the chief administrative officer or, in the
chief administrative officer's absence, the person designated by him
or her, does not confirm the action of the officer or employee within
24 hours after the time that consent was withdrawn, the action of
the officer or employee shall be deemed void and of no force or
effect, except that any arrest made during such period shall not for
this reason be deemed not to have been made for probable cause.
(c) Consent shall be reinstated by the chief administrative
officer whenever he or she has reason to believe that the presence of
the person from whom consent was withdrawn will not constitute a
substantial and material threat to the orderly operation of the
campus or facility. In no case shall consent be withdrawn for longer
than 14 days from the date upon which consent was initially
withdrawn. The person from whom consent has been withdrawn may
submit a written request for a hearing on the withdrawal within the
two-week period. The written request shall state the address to
which notice of hearing is to be sent. The chief administrative
officer shall grant such a hearing not later than seven days from the
date of receipt of the request and shall immediately mail a written
notice of the time, place, and date of such hearing to such person.
(d) Any person who has been notified by the chief administrative
officer of a campus or other facility of a community college, a state
university, the university, or a school, or by an officer or
employee designated by the chief administrative officer to maintain
order on such campus or facility, that consent to remain on the
campus or facility has been withdrawn pursuant to subdivision (a);
who has not had such consent reinstated; and who willfully and
knowingly enters or remains upon such campus or facility during the
period for which consent has been withdrawn is guilty of a
misdemeanor. This subdivision does not apply to any person who
enters or remains on such campus or facility for the sole purpose of
applying to the chief administrative officer for the reinstatement of
consent or for the sole purpose of attending a hearing on the
withdrawal.
(e) This section shall not affect the power of the duly
constituted authorities of a community college, a state university,
the university, or a school, to suspend, dismiss, or expel any
student or employee at the college, state university, university, or
school.
(f) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by a fine of not exceeding five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both such fine and
imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both such imprisonment and a fine
of not exceeding five hundred dollars ($500), and shall not be
released on probation, parole, or any other basis until he or she has
served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both such
imprisonment and a fine of not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
(g) This section shall not affect the rights of representatives of
employee organizations to enter, or remain upon, school grounds
while actually engaged in activities related to representation, as
provided for in Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code.
626.6. (a) If a person who is not a student, officer or employee of
a college or university and who is not required by his or her
employment to be on the campus or any other facility owned, operated,
or controlled by the governing board of that college or university,
enters a campus or facility, and it reasonably appears to the chief
administrative officer of the campus or facility, or to an officer or
employee designated by the chief administrative officer to maintain
order on the campus or facility, that the person is committing any
act likely to interfere with the peaceful conduct of the activities
of the campus or facility, or has entered the campus or facility for
the purpose of committing any such act, the chief administrative
officer or his or her designee may direct the person to leave the
campus or facility. If that person fails to do so or if the person
willfully and knowingly reenters upon the campus or facility within
seven days after being directed to leave, he or she is guilty of a
misdemeanor and shall be punished as follows:
(1) Upon a first conviction, by a fine of not more than five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both that fine and
imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both that imprisonment and a fine
of not more than five hundred dollars ($500), and shall not be
released on probation, parole, or any other basis until he or she has
served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both that
imprisonment and a fine of not more than five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
(b) The provisions of this section shall not be utilized to
impinge upon the lawful exercise of constitutionally protected rights
of freedom of speech or assembly.
(c) When a person is directed to leave pursuant to subdivision
(a), the person directing him or her to leave shall inform the person
that if he or she reenters the campus or facility within seven days
he or she will be guilty of a crime.
626.7. (a) If a person who is not a student, officer, or employee
of a public school, and who is not required by his or her employment
to be on the campus or any other facility owned, operated, or
controlled by the governing board of that school, enters a campus or
facility outside of the common areas where public business is
conducted, and it reasonably appears to the chief administrative
officer of the campus or facility, or to an officer or employee
designated by the chief administrative officer to maintain order on
the campus or facility, that the person is committing any act likely
to interfere with the peaceful conduct of the activities of the
campus or facility, or has entered the campus or facility for the
purpose of committing any such act, the chief administrative officer
or his or her designee may direct the person to leave the campus or
facility. If that person fails to do so or if the person returns
without following the posted requirements to contact the
administrative offices of the campus, he or she is guilty of a
misdemeanor and shall be punished as follows:
(1) Upon a first conviction, by a fine of not more than five
hundred dollars ($500), by imprisonment in a county jail for a period
of not more than six months, or by both that fine and imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in a county jail for a period of not less than 10 days
or more than six months, or by both that imprisonment and a fine of
not more than five hundred dollars ($500), and the defendant shall
not be released on probation, parole, or any other basis until he or
she has served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in a county jail for a period of not
less than 90 days or more than six months, or by both that
imprisonment and a fine of not more than five hundred dollars ($500),
and the defendant shall not be released on probation, parole, or any
other basis until he or she has served not less than 90 days.
For purposes of this section, a representative of a school
employee organization engaged in activities related to
representation, as provided for in Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, shall
be deemed a person required by his or her employment to be in a
school building or on the grounds of a school.
(b) The provisions of this section shall not be utilized to
impinge upon the lawful exercise of constitutionally protected rights
of freedom of speech or assembly.
(c) When a person is directed to leave pursuant to subdivision
(a), the person directing him or her to leave shall inform the person
that if he or she reenters the campus or facility without following
the posted requirements to contact the administrative offices of the
campus, he or she will be guilty of a crime.
(d) Notwithstanding any other subdivision of this section, the
chief administrative officer, or his or her designee, shall allow a
person previously directed to leave the campus or facility pursuant
to this section to reenter the campus if the person is a parent or
guardian of a pupil enrolled at the campus or facility who has to
retrieve the pupil for disciplinary reasons, for medical attention,
or for a family emergency.
626.8. (a) Any person who comes into any school building or upon
any school ground, or street, sidewalk, or public way adjacent
thereto, without lawful business thereon, and whose presence or acts
interfere with the peaceful conduct of the activities of the school
or disrupt the school or its pupils or school activities, is guilty
of a misdemeanor if he or she does any of the following:
(1) Remains there after being asked to leave by the chief
administrative official of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, or sheriff or deputy
sheriff, or a Department of the California Highway Patrol peace
officer.
(2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1).
(3) Has otherwise established a continued pattern of unauthorized
entry.
This section shall not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly.
(b) Punishment for violation of this section shall be as follows:
(1) Upon a first conviction by a fine of not exceeding five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both the fine and
imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both imprisonment and a fine of
not exceeding five hundred dollars ($500), and shall not be released
on probation, parole, or any other basis until he or she has served
not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both imprisonment
and a fine of not exceeding five hundred dollars ($500), and shall
not be released on probation, parole, or any other basis until he or
she has served not less than 90 days.
(c) As used in this section, the following definitions apply:
(1) "Lawful business" means a reason for being present upon school
property which is not otherwise prohibited by statute, by ordinance,
or by any regulation adopted pursuant to statute or ordinance.
(2) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same school year the defendant came
into any school building or upon any school ground, or street,
sidewalk, or public way adjacent thereto, without lawful business
thereon, and his or her presence or acts interfered with the peaceful
conduct of the activities of the school or disrupted the school or
its pupils or school activities, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
(3) "School" means any preschool or school having any of grades
kindergarten through 12.
(d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place within seven
days he or she will be guilty of a crime.
626.81. (a) Any person who is required to register as a ***
offender pursuant to Section 290, who comes into any school building
or upon any school ground without lawful business thereon and written
permission from the chief administrative official of that school, is
guilty of a misdemeanor.
(b) Punishment for violation of this section shall be as follows:
(1) Upon a first conviction by a fine of not exceeding five
hundred dollars ($500), by imprisonment in a county jail for a period
of not more than six months, or by both the fine and imprisonment.
(2) If the defendant has been previously convicted once of a
violation of this section, by imprisonment in a county jail for a
period of not less than 10 days or more than six months, or by both
imprisonment and a fine of not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of this section, by imprisonment in a county
jail for a period of not less than 90 days or more than six months,
or by both imprisonment and a fine of not exceeding five hundred
dollars ($500), and shall not be released on probation, parole, or
any other basis until he or she has served not less than 90 days.
(c) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.
626.85. (a) Any specified drug offender who, at any time, comes
into any school building or upon any school ground, or adjacent
street, sidewalk, or public way, unless the person is a parent or
guardian of a child attending that school and his or her presence is
during any school activity, or is a student at the school and his or
her presence is during any school activity, or has prior written
permission for the entry from the chief administrative officer of
that school, is guilty of a misdemeanor if he or she does any of the
following:
(1) Remains there after being asked to leave by the chief
administrative officer of that school or his or her designated
representative, or by a person employed as a member of a security or
police department of a school district pursuant to Section 39670 of
the Education Code, or a city police officer, sheriff, or a
Department of the California Highway Patrol peace officer.
(2) Reenters or comes upon that place within seven days of being
asked to leave by a person specified in paragraph (1) of subdivision
(a).
(3) Has otherwise established a continued pattern of unauthorized
entry.
This section shall not be utilized to impinge upon the lawful
exercise of constitutionally protected rights of freedom of speech or
assembly, or to prohibit any lawful act, including picketing,
strikes, or collective bargaining.
(b) Punishment for violation of this section shall be as follows:
(1) Upon a first conviction, by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in the county jail for a period of
not more than six months, or by both that fine and imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both imprisonment and a fine not
exceeding one thousand dollars ($1,000), and the defendant shall not
be released on probation, parole, or any other basis until he or she
has served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both imprisonment
and a fine not exceeding one thousand dollars ($1,000), and the
defendant shall not be released on probation, parole, or any other
basis until he or she has served not less than 90 days.
(c) As used in this section:
(1) "Specified drug offender" means any person who, within the
immediately preceding three years, has a felony or misdemeanor
conviction of either:
(A) Unlawful sale, or possession for sale, of any controlled
substance, as defined in Section 11007 of the Health and Safety Code.
(B) Unlawful use, possession, or being under the influence of any
controlled substance, as defined in Section 11007 of the Health and
Safety Code, where that conviction was based on conduct which
occurred, wholly or partly, in any school building or upon any school
ground, or adjacent street, sidewalk, or public way.
(2) "Continued pattern of unauthorized entry" means that on at
least two prior occasions in the same calendar year the defendant
came into any school building or upon any school ground, or adjacent
street, sidewalk, or public way, and the defendant was asked to leave
by a person specified in paragraph (1) of subdivision (a).
(3) "School" means any preschool or school having any of grades
kindergarten to 12, inclusive.
(4) "School activity" means and includes any school session, any
extracurricular activity or event sponsored by or participated in by
the school, and the 30-minute periods immediately preceding and
following any session, activity, or event.
(d) When a person is directed to leave pursuant to paragraph (1)
of subdivision (a), the person directing him or her to leave shall
inform the person that if he or she reenters the place he or she will
be guilty of a crime.
626.9. (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone, as defined in
paragraph (1) of subdivision (e), unless it is with the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, shall be punished as
specified in subdivision (f).
(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
(1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
(2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.
This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.
(3) When the person possessing the firearm reasonably believes
that he or she is in grave danger because of circumstances forming
the basis of a current restraining order issued by a court against
another person or persons who has or have been found to pose a threat
to his or her life or safety. This subdivision may not apply when
the circumstances involve a mutual restraining order issued pursuant
to Division 10 (commencing with Section 6200) of the Family Code
absent a factual finding of a specific threat to the person's life or
safety. Upon a trial for violating subdivision (b), the trier of a
fact shall determine whether the defendant was acting out of a
reasonable belief that he or she was in grave danger.
(4) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to subdivision (b), (d), (e),
or (h) of Section 12027.
(d) Except as provided in subdivision (b), it shall be unlawful
for any person, with reckless disregard for the safety of another, to
discharge, or attempt to discharge, a firearm in a school zone, as
defined in paragraph (1) of subdivision (e).
The prohibition contained in this subdivision does not apply to
the discharge of a firearm to the extent that the conditions of
paragraph (1) of subdivision (c) are satisfied.
(e) As used in this section, the following definitions shall
apply:
(1) "School zone" means an area in, or on the grounds of, a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, or within a distance of 1,000 feet from the
grounds of the public or private school.
(2) "Firearm" has the same meaning as that term is given in
Section 12001.
(3) "Locked container" has the same meaning as that term is given
in subdivision (c) of Section 12026.1.
(4) "Concealed firearm" has the same meaning as that term is given
in Sections 12025 and 12026.1.
(f) (1) Any person who violates subdivision (b) by possessing a
firearm in, or on the grounds of, a public or private school
providing instruction in kindergarten or grades 1 to 12, inclusive,
shall be punished by imprisonment in the state prison for two, three,
or five years.
(2) Any person who violates subdivision (b) by possessing a
firearm within a distance of 1,000 feet from the grounds of a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, shall be punished as follows:
(A) By imprisonment in the state prison for two, three, or five
years, if any of the following circumstances apply:
(i) If the person previously has been convicted of any felony, or
of any crime made punishable by Chapter 1 (commencing with Section
12000) of Title 2 of Part 4.
(ii) If the person is within a class of persons prohibited from
possessing or acquiring a firearm pursuant to Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(iii) If the firearm is any pistol, revolver, or other firearm
capable of being concealed upon the person and the offense is
punished as a felony pursuant to Section 12025.
(B) By imprisonment in a county jail for not more than one year or
by imprisonment in the state prison for two, three, or five years,
in all cases other than those specified in subparagraph (A).
(3) Any person who violates subdivision (d) shall be punished by
imprisonment in the state prison for three, five, or seven years.
(g) (1) Every person convicted under this section for a
misdemeanor violation of subdivision (b) who has been convicted
previously of a misdemeanor offense enumerated in Section 12001.6
shall be punished by imprisonment in a county jail for not less than
three months, or if probation is granted or if the execution or
imposition of sentence is suspended, it shall be a condition thereof
that he or she be imprisoned in a county jail for not less than three
months.
(2) Every person convicted under this section of a felony
violation of subdivision (b) or (d) who has been convicted previously
of a misdemeanor offense enumerated in Section 12001.6, if probation
is granted or if the execution of sentence is suspended, it shall be
a condition thereof that he or she be imprisoned in a county jail
for not less than three months.
(3) Every person convicted under this section for a felony
violation of subdivision (b) or (d) who has been convicted previously
of any felony, or of any crime made punishable by Chapter 1
(commencing with Section 12000) of Title 2 of Part 4, if probation is
granted or if the execution or imposition of sentence is suspended,
it shall be a condition thereof that he or she be imprisoned in a
county jail for not less than three months.
(4) The court shall apply the three-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence with
conditions other than those set forth in this subdivision, in which
case the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by this disposition.
(h) Notwithstanding Section 12026, any person who brings or
possesses a loaded firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching, research,
or administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
two, three, or four years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
(i) Notwithstanding Section 12026, any person who brings or
possesses a firearm upon the grounds of a campus of, or buildings
owned or operated for student housing, teaching, research, or
administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
one, two, or three years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
(j) For purposes of this section, a firearm shall be deemed to be
loaded when there is an unexpended cartridge or shell, consisting of
a case that holds a charge of powder and a bullet or shot, in, or
attached in any manner to, the firearm, including, but not limited
to, in the firing chamber, magazine, or clip thereof attached to the
firearm. A muzzle-loader firearm shall be deemed to be loaded when
it is capped or primed and has a powder charge and ball or shot in
the barrel or cylinder.
(k) This section does not require that notice be posted regarding
the proscribed conduct.
(l) This section does not apply to a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making arrests or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, engaged
in the performance of his or her duties, as defined in subdivision
(e) of Section 7521 of the Business and Professions Code.
(m) This section does not apply to a security guard authorized to
carry a loaded firearm pursuant to Section 12031.
(n) This section does not apply to an existing shooting range at
a public or private school or university or college campus.
(o) This section does not apply to an honorably retired peace
officer authorized to carry a concealed or loaded firearm pursuant to
subdivision (a) or (i) of Section 12027 or paragraph (1) or (8) of
subdivision (b) of Section 12031.
626.95. (a) Any person who is in violation of paragraph (2) of
subdivision (a), or subdivision (b), of Section 417 , or Section
12025 or 12031, upon the grounds of or within a playground, or a
public or private youth center during hours in which the facility is
open for business, classes, or school-related programs, or at any
time when minors are using the facility, knowing that he or she is on
or within those grounds, shall be punished by imprisonment in the
state prison for one, two, or three years, or in a county jail not
exceeding one year.
(b) State and local authorities are encouraged to cause signs to
be posted around playgrounds and youth centers giving warning of
prohibition of the possession of firearms upon the grounds of or
within playgrounds or youth centers.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Playground" means any park or recreational area specifically
designed to be used by children that has play equipment installed,
including public grounds designed for athletic activities such as
baseball, football, soccer, or basketball, or any similar facility
located on public or private school grounds, or on city or county
parks.
(2) "Youth center" means any public or private facility that is
used to host recreational or social activities for minors while
minors are present.
(d) It is the Legislature's intent that only an actual conviction
of a felony of one of the offenses specified in this section would
subject the person to firearms disabilities under the federal Gun
Control Act of 1968 (P.L. 90-618; 18 U.S.C. Sec. 921).
626.10. (a) Any person, except a duly appointed peace officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in this
state, a person summoned by any officer to assist in making arrests
or preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 21/2 inches, folding knife with a
blade that locks into place, a razor with an unguarded blade, a
taser, or a stun gun, as defined in subdivision (a) of Section 244.5,
any instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun, upon the grounds of, or within, any
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, is guilty of a public offense,
punishable by imprisonment in a county jail not exceeding one year,
or by imprisonment in the state prison.
(b) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick, or
knife having a fixed blade longer than 21/2 inches upon the grounds
of, or within, any private university, the University of California,
the California State University, or the California Community Colleges
is guilty of a public offense, punishable by imprisonment in a
county jail not exceeding one year, or by imprisonment in the state
prison.
(c) Subdivisions (a) and (b) do not apply to any person who brings
or possesses a knife having a blade longer than 21/2 inches or a
razor with an unguarded blade upon the grounds of, or within, a
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, or any private university, state
university, or community college at the direction of a faculty member
of the private university, state university, or community college,
or a certificated or classified employee of the school for use in a
private university, state university, community college, or
school-sponsored activity or class.
(d) Subdivisions (a) and (b) do not apply to any person who brings
or possesses an ice pick, a knife having a blade longer than 21/2
inches, or a razor with an unguarded blade upon the grounds of, or
within, a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, or any private
university, state university, or community college for a lawful
purpose within the scope of the person's employment.
(e) Subdivision (b) does not apply to any person who brings or
possesses an ice pick or a knife having a fixed blade longer than
21/2 inches upon the grounds of, or within, any private university,
state university, or community college for lawful use in or around a
residence or residential facility located upon those grounds or for
lawful use in food preparation or consumption.
(f) Subdivision (a) does not apply to any person who brings an
instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun upon the grounds of, or within, a
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, if the person has the written
permission of the school principal or his or her designee.
(g) Any certificated or classified employee or school peace
officer of a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, may seize any of
the weapons described in subdivision (a), and any certificated or
classified employee or school peace officer of any private
university, state university, or community college may seize any of
the weapons described in subdivision (b), from the possession of any
person upon the grounds of, or within, the school if he or she knows,
or has reasonable cause to know, the person is prohibited from
bringing or possessing the weapon upon the grounds of, or within, the
school.
(h) As used in this section, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death.
626.11. (a) Any evidence seized by a teacher, official, employee,
or governing board member of any university, state university, or
community college, or by any person acting under his or her direction
or with his or her consent in violation of standards relating to
rights under the Fourth Amendment to the United States Constitution
or under Section 13 of Article I of the State Constitution to be free
from unreasonable searches and seizures, or in violation of state or
federal constitutional rights to privacy, or any of them, is
inadmissible in administrative disciplinary proceedings.
(b) Any provision in an agreement between a student and an
educational institution specified in subdivision (a) relating to the
leasing, renting, or use of a room of any student dormitory owned or
operated by the institution by which the student waives a
constitutional right under the Fourth Amendment to the United States
Constitution or under Section 13 of Article I of the State
Constitution, or under state or federal constitutional provision
guaranteeing a right to privacy, or any of them, is contrary to
public policy and void.
(c) Any evidence seized by a person specified in subdivision (a)
after a nonconsensual entry not in violation of subdivision (a) into
a dormitory room, which evidence is not directly related to the
purpose for which the entry was initially made, is not admissible in
administrative disciplinary proceedings.[/align]
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Access to school premises
[align=left]
INTERCEPTION OF WIRE, ELECTRONIC DIGITAL
PAGER, OR ELECTRONIC CELLULAR TELEPHONE
COMMUNICATIONS
629.50. (a) Each application for an order authorizing the
interception of a wire, electronic pager, or electronic cellular
telephone communication shall be made in writing upon the personal
oath or affirmation of the Attorney General, Chief Deputy Attorney
General, or Chief Assistant Attorney General, Criminal Law Division,
or of a district attorney, or the person designated to act as
district attorney in the district attorney's absence, to the
presiding judge of the superior court or one other judge designated
by the presiding judge. An ordered list of additional judges may be
authorized by the presiding judge to sign an order authorizing an
interception. One of these judges may hear an application and sign an
order only if that judge makes a determination that the presiding
judge, the first designated judge, and those judges higher on the
list are unavailable. Each application shall include all of the
following information:
(1) The identity of the investigative or law enforcement officer
making the application, and the officer authorizing the application.
(2) The identity of the law enforcement agency that is to execute
the order.
(3) A statement attesting to a review of the application and the
circumstances in support thereof by the chief executive officer, or
his or her designee, of the law enforcement agency making the
application. This statement shall name the chief executive officer or
the designee who effected this review.
(4) A full and complete statement of the facts and circumstances
relied upon by the applicant to justify his or her belief that an
order should be issued, including (A) details as to the particular
offense that has been, is being, or is about to be committed, (B) the
fact that conventional investigative techniques had been tried and
were unsuccessful, or why they reasonably appear to be unlikely to
succeed or to be too dangerous, (C) a particular description of the
nature and location of the facilities from which or the place where
the communication is to be intercepted, (D) a particular description
of the type of communication sought to be intercepted, and (E) the
identity, if known, of the person committing the offense and whose
communications are to be intercepted, or if that person's identity is
not known, then the information relating to the person's identity
that is known to the applicant.
(5) A statement of the period of time for which the interception
is required to be maintained, and if the nature of the investigation
is such that the authorization for interception should not
automatically terminate when the described type of communication has
been first obtained, a particular description of the facts
establishing probable cause to believe that additional communications
of the same type will occur thereafter.
(6) A full and complete statement of the facts concerning all
previous applications known, to the individual authorizing and to the
individual making the application, to have been made to any judge of
a state or federal court for authorization to intercept wire,
electronic pager, or electronic cellular telephone communications
involving any of the same persons, facilities, or places specified in
the application, and the action taken by the judge on each of those
applications. This requirement may be satisfied by making inquiry of
the California Attorney General and the United States Department of
Justice and reporting the results of these inquiries in the
application.
(7) If the application is for the extension of an order, a
statement setting forth the number of communications intercepted
pursuant to the original order, and the results thus far obtained
from the interception, or a reasonable explanation of the failure to
obtain results.
(8) An application for modification of an order may be made when
there is probable cause to believe that the person or persons
identified in the original order have commenced to use a facility or
device that is not subject to the original order. Any modification
under this subdivision shall only be valid for the period authorized
under the order being modified. The application for modification
shall meet all of the requirements in paragraphs (1) to (6),
inclusive, and shall include a statement of the results thus far
obtained from the interception, or a reasonable explanation for the
failure to obtain results.
(b) The judge may require the applicant to furnish additional
testimony or documentary evidence in support of an application for an
order under this section.
(c) The judge shall accept a facsimile copy of the signature of
any person required to give a personal oath or affirmation pursuant
to subdivision (a) as an original signature to the application. The
original signed document shall be sealed and kept with the
application pursuant to the provisions of Section 629.66 and custody
of the original signed document shall be in the same manner as the
judge orders for the application.
629.51. For the purposes of this chapter, the following terms have
the following meanings:
(a) "Wire communication" means any aural transfer made in whole or
in part through the use of facilities for the transmission of
communications by the aid of wire, cable, or other like connection
between the point of origin and the point of reception (including the
use of a like connection in a switching station), furnished or
operated by any person engaged in providing or operating these
facilities for the transmission of communications.
(b) "Electronic pager communication" means any tone or digital
display or tone and voice pager communication.
(c) "Electronic cellular telephone communication" means any
cellular or cordless radio telephone communication.
(d) "Aural transfer" means a transfer containing the human voice
at any point between and including the point of origin and the point
of reception.
629.52. Upon application made under Section 629.50, the judge may
enter an ex parte order, as requested or modified, authorizing
interception of wire, electronic pager, or electronic cellular
telephone communications initially intercepted within the territorial
jurisdiction of the court in which the judge is sitting, if the
judge determines, on the basis of the facts submitted by the
applicant, all of the following:
(a) There is probable cause to believe that an individual is
committing, has committed, or is about to commit, one of the
following offenses:
(1) Importation, possession for sale, transportation, manufacture,
or sale of controlled substances in violation of Section 11351,
11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code with respect to a substance containing
heroin, cocaine, PCP, methamphetamine, or their precursors or analogs
where the substance exceeds 10 gallons by liquid volume or three
pounds of solid substance by weight.
(2) Murder, solicitation to commit murder, the commission of a
felony involving a destructive device in violation of Section 12303,
12303.1, 12303.2, 12303.3, 12303.6, 12308, 12309, 12310, or 12312, or
a violation of Section 209.
(3) Any felony violation of Section 186.22.
(4) Any felony violation of Section 11418, relating to weapons of
mass destruction, Section 11418.5, relating to threats to use weapons
of mass destruction, or Section 11419, relating to restricted
biological agents.
(5) An attempt or conspiracy to commit any of the above-mentioned
crimes.
(b) There is probable cause to believe that particular
communications concerning the illegal activities will be obtained
through that interception, including, but not limited to,
communications that may be utilized for locating or rescuing a kidnap
victim.
(c) There is probable cause to believe that the facilities from
which, or the place where, the wire, electronic pager, or electronic
cellular telephone communications are to be intercepted are being
used, or are about to be used, in connection with the commission of
the offense, or are leased to, listed in the name of, or commonly
used by the person whose communications are to be intercepted.
(d) Normal investigative procedures have been tried and have
failed or reasonably appear either to be unlikely to succeed if tried
or to be too dangerous.
629.53. The Judicial Council may establish guidelines for judges to
follow in granting an order authorizing the interception of any
wire, electronic pager, or electronic cellular telephone
communications.
629.54. Each order authorizing the interception of any wire,
electronic pager, or electronic cellular telephone communication
shall specify all of the following:
(a) The identity, if known, of the person whose communications are
to be intercepted, or if the identity is not known, then that
information relating to the person's identity known to the applicant.
(b) The nature and location of the communication facilities as to
which, or the place where, authority to intercept is granted.
(c) A particular description of the type of communication sought
to be intercepted, and a statement of the illegal activities to which
it relates.
(d) The identity of the agency authorized to intercept the
communications and of the person making the application.
(e) The period of time during which the interception is authorized
including a statement as to whether or not the interception shall
automatically terminate when the described communication has been
first obtained.
629.56. (a) Upon informal application by the Attorney General,
Chief Deputy Attorney General, or Chief Assistant Attorney General,
Criminal Law Division, or a district attorney, or the person
designated to act as district attorney in the district attorney's
absence, the presiding judge of the superior court or the first
available judge designated as provided in Section 629.50 may grant
oral approval for an interception, without an order, if he or she
determines all of the following:
(1) There are grounds upon which an order could be issued under
this chapter.
(2) There is probable cause to believe that an emergency situation
exists with respect to the investigation of an offense enumerated in
this chapter.
(3) There is probable cause to believe that a substantial danger
to life or limb exists justifying the authorization for immediate
interception of a private wire, electronic pager, or electronic
cellular telephone communication before an application for an order
could with due diligence be submitted and acted upon.
(b) Approval for an interception under this section shall be
conditioned upon filing with the judge, within 48 hours of the oral
approval, a written application for an order which, if granted
consistent with this chapter, shall also recite the oral approval
under this subdivision and be retroactive to the time of the oral
approval.
629.58. No order entered under this chapter shall authorize the
interception of any wire, electronic pager, or electronic cellular
telephone, or electronic communication for any period longer than is
necessary to achieve the objective of the authorization, nor in any
event longer than 30 days. Extensions of an order may be granted,
but only upon application for an extension made in accordance with
Section 629.50 and upon the court making findings required by Section
629.52. The period of extension shall be no longer than the
authorizing judge deems necessary to achieve the purposes for which
it was granted and in no event any longer than 30 days. Every order
and extension thereof shall contain a provision that the
authorization to intercept shall be executed as soon as practicable,
shall be conducted so as to minimize the interception of
communications not otherwise subject to interception under this
chapter, and shall terminate upon attainment of the authorized
objective, or in any event at the time expiration of the term
designated in the order or any extensions. In the event the
intercepted communication is in a foreign language, an interpreter of
that foreign language may assist peace officers in executing the
authorization provided in this chapter, provided that the interpreter
has the same training as any other intercepter authorized under this
chapter and provided that the interception shall be conducted so as
to minimize the interception of communications not otherwise subject
to interception under this chapter.
629.60. Whenever an order authorizing an interception is entered,
the order shall require reports in writing or otherwise to be made to
the judge who issued the order showing the number of communications
intercepted pursuant to the original order, and a statement setting
forth what progress has been made toward achievement of the
authorized objective, or a satisfactory explanation for its lack, and
the need for continued interception. If the judge finds that
progress has not been made, that the explanation for its lack is not
satisfactory, or that no need exists for continued interception, he
or she shall order that the interception immediately terminate. The
reports shall be filed with the court at the intervals that the judge
may require, but not less than one for each period of six days, and
shall be made by any reasonable and reliable means, as determined by
the judge.
629.61. (a) Whenever an order authorizing an interception is
entered, the order shall require a report in writing or otherwise to
be made to the Attorney General showing what persons, facilities,
places, or any combination of these are to be intercepted pursuant to
the application, and the action taken by the judge on each of those
applications. The report shall be made at the interval that the
order may require, but not more than 10 days after the order was
issued, and shall be made by any reasonable and reliable means, as
determined by the Attorney General.
(b) The Attorney General may issue regulations prescribing the
collection and dissemination of information collected pursuant to
this chapter.
(c) The Attorney General shall, upon the request of an individual
making an application for an interception order pursuant to this
chapter, provide any information known as a result of these reporting
requirements and in compliance with paragraph (6) of subdivision (a)
of Section 629.50.
629.62. (a) The Attorney General shall prepare and submit an annual
report to the Legislature, the Judicial Council, and the Director of
the Administrative Office of the United States Court on
interceptions conducted under the authority of this chapter during
the preceding year. Information for this report shall be provided to
the Attorney General by any prosecutorial agency seeking an order
pursuant to this chapter.
(b) The report shall include all of the following data:
(1) The number of orders or extensions applied for.
(2) The kinds of orders or extensions applied for.
(3) The fact that the order or extension was granted as applied
for, was modified, or was denied.
(4) The number of wire, electronic pager, and electronic cellular
telephone devices that are the subject of each order granted.
(5) The period of interceptions authorized by the order, and the
number and duration of any extensions of the order.
(6) The offense specified in the order or application, or
extension of an order.
(7) The identity of the applying law enforcement officer and
agency making the application and the person authorizing the
application.
(8) The nature of the facilities from which or the place where
communications were to be intercepted.
(9) A general description of the interceptions made under the
order or extension, including (A) the approximate nature and
frequency of incriminating communications intercepted, (B) the
approximate nature and frequency of other communications intercepted,
(C) the approximate number of persons whose communications were
intercepted, and (D) the approximate nature, amount, and cost of the
manpower and other resources used in the interceptions.
(10) The number of arrests resulting from interceptions made under
the order or extension, and the offenses for which arrests were
made.
(11) The number of trials resulting from the interceptions.
(12) The number of motions to suppress made with respect to the
interceptions, and the number granted or denied.
(13) The number of convictions resulting from the interceptions
and the offenses for which the convictions were obtained and a
general assessment of the importance of the interceptions.
(14) Except with regard to the initial report required by this
section, the information required by paragraphs (9) to (13),
inclusive, with respect to orders or extensions obtained in a
preceding calendar year.
(15) The date of the order for service of inventory made pursuant
to Section 629.68, confirmation of compliance with the order, and the
number of notices sent.
(16) Other data that the Legislature, the Judicial Council, or the
Director of the Administrative Office shall require.
(c) The annual report shall be filed no later than April of each
year, and shall also include a summary analysis of the data reported
pursuant to subdivision (b). The Attorney General may issue
regulations prescribing the content and form of the reports required
to be filed pursuant to this section by any prosecutorial agency
seeking an order to intercept wire, electronic pager, or electronic
cellular telephone communications.
(d) The Attorney General shall, upon the request of an individual
making an application, provide any information known to him or her as
a result of these reporting requirements that would enable the
individual making an application to comply with paragraph (6) of
subdivision (a) of Section 629.50.
629.64. The contents of any wire or electronic communication
intercepted by any means authorized by this chapter shall, if
possible, be recorded on any recording media. The recording of the
contents of any wire or electronic cellular telephone communication
pursuant to this chapter shall be done in a way that will protect the
recording from editing or other alterations and ensure that the
recording can be immediately verified as to its authenticity and
originality and that any alteration can be immediately detected. In
addition, the monitoring or recording device shall be of a type and
shall be installed to preclude any interruption or monitoring of the
interception by any unauthorized means. Immediately upon the
expiration of the period of the order, or extensions thereof, the
recordings shall be made available to the judge issuing the order and
sealed under his or her directions. Custody of the recordings shall
be where the judge orders. They shall not be destroyed except upon
an order of the issuing or denying judge and in any event shall be
kept for 10 years. Duplicate recordings may be made for use or
disclosure pursuant to the provisions of Sections 629.74 and 629.76
for investigations. The presence of the seal provided for by this
section, or a satisfactory explanation for the absence thereof, shall
be a prerequisite for the use or disclosure of the contents of any
wire or electronic cellular telephone communication or evidence
derived therefrom under Section 629.78.
629.66. Applications made and orders granted pursuant to this
chapter shall be sealed by the judge. Custody of the applications
and orders shall be where the judge orders. The applications and
orders shall be disclosed only upon a showing of good cause before a
judge and shall not be destroyed except on order of the issuing or
denying judge, and in any event shall be kept for 10 years.
629.68. Within a reasonable time, but no later than 90 days, after
the termination of the period of an order or extensions thereof, or
after the filing of an application for an order of approval under
Section 629.56 which has been denied, the issuing judge shall issue
an order that shall require the requesting agency to serve upon
persons named in the order or the application, and other known
parties to intercepted communications, an inventory which shall
include notice of all of the following:
(a) The fact of the entry of the order.
(b) The date of the entry and the period of authorized
interception.
(c) The fact that during the period wire, electronic pager, or
electronic cellular telephone communications were or were not
intercepted.
The judge, upon filing of a motion, may, in his or her discretion,
make available to the person or his or her counsel for inspection
the portions of the intercepted communications, applications, and
orders that the judge determines to be in the interest of justice.
On an ex parte showing of good cause to a judge, the serving of the
inventory required by this section may be postponed. The period of
postponement shall be no longer than the authorizing judge deems
necessary to achieve the purposes for which it was granted.
629.70. (a) A defendant shall be notified that he or she was
identified as the result of an interception that was obtained
pursuant to this chapter. The notice shall be provided prior to the
entry of a plea of guilty or nolo contendere, or at least 10 days
prior to any trial, hearing, or proceeding in the case other than an
arraignment or grand jury proceeding.
(b) Within the time period specified in subdivision (c), the
prosecution shall provide to the defendant a copy of all recorded
interceptions from which evidence against the defendant was derived,
including a copy of the court order, accompanying application, and
monitoring logs.
(c) Neither the contents of any intercepted wire, electronic
pager, or electronic cellular telephone communication nor evidence
derived from those contents shall be received in evidence or
otherwise disclosed in any trial, hearing, or other proceeding,
except a grand jury proceeding, unless each party, not less than 10
days before the trial, hearing, or proceeding, has been furnished
with a transcript of the contents of the interception and with the
materials specified in subdivision (b). This 10-day period may be
waived by the judge with regard to the transcript if he or she finds
that it was not possible to furnish the party with the transcript 10
days before the trial, hearing, or proceeding, and that the party
will not be prejudiced by the delay in receiving that transcript.
(d) A court may issue an order limiting disclosures pursuant to
subdivisions (a) and (b) upon a showing of good cause.
629.72. Any person in any trial, hearing, or proceeding, may move
to suppress some or all of the contents of any intercepted wire,
electronic pager, or electronic cellular telephone communications, or
evidence derived therefrom, only on the basis that the contents or
evidence were obtained in violation of the Fourth Amendment of the
United States Constitution or of this chapter. The motion shall be
made, determined, and be subject to review in accordance with the
procedures set forth in Section 1538.5.
629.74. The Attorney General, any deputy attorney general, district
attorney, or deputy district attorney, or any peace officer who, by
any means authorized by this chapter, has obtained knowledge of the
contents of any wire, electronic pager, or electronic cellular
telephone communication, or evidence derived therefrom, may disclose
the contents to one of the individuals referred to in this section
and to any investigative or law enforcement officer as defined in
subdivision (7) of Section 2510 of Title 18 of the United States Code
to the extent that the disclosure is permitted pursuant to Section
629.82 and is appropriate to the proper performance of the official
duties of the individual making or receiving the disclosure. No
other disclosure, except to a grand jury, of intercepted information
is permitted prior to a public court hearing by any person regardless
of how the person may have come into possession thereof.
629.76. The Attorney General, any deputy attorney general, district
attorney, or deputy district attorney, or any peace officer or
federal law enforcement officer who, by any means authorized by this
chapter, has obtained knowledge of the contents of any wire,
electronic pager, or electronic cellular telephone communication, or
evidence derived therefrom may use the contents or evidence to the
extent the use is appropriate to the proper performance of his or her
official duties and is permitted pursuant to Section 629.82.
629.78. Any person who has received, by any means authorized by
this chapter, any information concerning a wire, electronic pager, or
electronic cellular telephone communication, or evidence derived
therefrom, intercepted in accordance with the provisions of this
chapter, may, pursuant to Section 629.82, disclose the contents of
that communication or derivative evidence while giving testimony
under oath or affirmation in any criminal court proceeding or in any
grand jury proceeding.
629.80. No otherwise privileged communication intercepted in
accordance with, or in violation of, the provisions of this chapter
shall lose its privileged character. When a peace officer or federal
law enforcement officer, while engaged in intercepting wire,
electronic pager, or electronic cellular telephone communications in
the manner authorized by this chapter, intercepts wire, electronic
pager, or electronic cellular telephone communications that are of a
privileged nature he or she shall immediately cease the interception
for at least two minutes. After a period of at least two minutes,
interception may be resumed for up to 30 seconds during which time
the officer shall determine if the nature of the communication is
still privileged. If still of a privileged nature, the officer shall
again cease interception for at least two minutes, after which the
officer may again resume interception for up to 30 seconds to
redetermine the nature of the communication. The officer shall
continue to go online and offline in this manner until the time that
the communication is no longer privileged or the communication ends.
The recording device shall be metered so as to authenticate upon
review that interruptions occurred as set forth in this chapter.
629.82. (a) If a peace officer or federal law enforcement officer,
while engaged in intercepting wire, electronic pager, or electronic
cellular telephone communications in the manner authorized by this
chapter, intercepts wire, electronic pager, or electronic cellular
telephone communications relating to crimes other than those
specified in the order of authorization, but which are enumerated in
subdivision (a) of Section 629.52, or any violent felony as defined
in subdivision (c) of Section 667.5, (1) the contents thereof, and
evidence derived therefrom, may be disclosed or used as provided in
Sections 629.74 and 629.76 and (2) the contents and any evidence
derived therefrom may be used under Section 629.78 when authorized by
a judge if the judge finds, upon subsequent application, that the
contents were otherwise intercepted in accordance with the provisions
of this chapter. The application shall be made as soon as
practicable.
(b) If a peace officer or federal law enforcement officer, while
engaged in intercepting wire, electronic pager, or electronic
cellular telephone communications in the manner authorized by this
chapter, intercepts wire, electronic pager, or electronic cellular
telephone communications relating to crimes other than those
specified in subdivision (a), the contents thereof, and evidence
derived therefrom, may not be disclosed or used as provided in
Sections 629.74 and 629.76, except to prevent the commission of a
public offense. The contents and any evidence derived therefrom may
not be used under Section 629.78, except where the evidence was
obtained through an independent source or inevitably would have been
discovered, and the use is authorized by a judge who finds that the
contents were intercepted in accordance with this chapter.
(c) The use of the contents of an intercepted wire, electronic
pager, or electronic cellular telephone communication relating to
crimes other than those specified in the order of authorization to
obtain a search or arrest warrant entitles the person named in the
warrant to notice of the intercepted wire, electronic pager, or
electronic cellular telephone communication and a copy of the
contents thereof that were used to obtain the warrant.
629.84. Any violation of this chapter is punishable by a fine not
exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail not exceeding one year, or by
imprisonment in the state prison, or by both such fine and
imprisonment in the county jail or in the state prison.
629.86. Any person whose wire, electronic pager, or electronic
cellular telephone communication is intercepted, disclosed, or used
in violation of this chapter shall have the following remedies:
(a) Have a civil cause of action against any person who
intercepts, discloses, or uses, or procures any other person to
intercept, disclose, or use, the communications.
(b) Be entitled to recover, in that action, all of the following:
(1) Actual damages but not less than liquidated damages computed
at the rate of one hundred dollars ($100) a day for each day of
violation or one thousand dollars ($1,000), whichever is greater.
(2) Punitive damages.
(3) Reasonable attorney's fees and other litigation costs
reasonably incurred.
A good faith reliance on a court order is a complete defense to
any civil or criminal action brought under this chapter, or under
Chapter 1.5 (commencing with Section 630) or any other law.
629.88. Nothing in Section 631, 632.5, 632.6, or 632.7 shall be
construed as prohibiting any peace officer or federal law enforcement
officer from intercepting any wire, electronic pager, or electronic
cellular telephone communication pursuant to an order issued in
accordance with the provisions of this chapter. Nothing in Section
631, 632.5, 632.6, or 632.7 shall be construed as rendering
inadmissible in any criminal proceeding in any court or before any
grand jury any evidence obtained by means of an order issued in
accordance with the provisions of this chapter. Nothing in Section
637 shall be construed as prohibiting the disclosure of the contents
of any wire, electronic pager, or electronic cellular telephone
communication obtained by any means authorized by this chapter, if
the disclosure is authorized by this chapter. Nothing in this
chapter shall apply to any conduct authorized by Section 633.
629.89. No order issued pursuant to this chapter shall either
directly or indirectly authorize covert entry into or upon the
premises of a residential dwelling, hotel room, or motel room for
installation or removal of any interception device or for any other
purpose. Notwithstanding that this entry is otherwise prohibited by
any other section or code, this chapter expressly prohibits covert
entry of a residential dwelling, hotel room, or motel room to
facilitate an order to intercept wire, electronic pager, or
electronic cellular telephone communications.
629.90. An order authorizing the interception of a wire, electronic
pager, or electronic cellular telephone communication shall direct,
upon request of the applicant, that a public utility engaged in the
business of providing communications services and facilities, a
landlord, custodian, or any other person furnish the applicant
forthwith all information, facilities, and technical assistance
necessary to accomplish the interception unobtrusively and with a
minimum of interference with the services which the public utility,
landlord, custodian, or other person is providing the person whose
communications are to be intercepted. Any such public utility,
landlord, custodian, or other person furnishing facilities or
technical assistance shall be fully compensated by the applicant for
the reasonable costs of furnishing the facilities and technical
assistance.
629.91. A good faith reliance on a court order issued in accordance
with this chapter by any public utility, landlord, custodian, or
any other person furnishing information, facilities, and technical
assistance as directed by the order is a complete defense to any
civil or criminal action brought under this chapter, Chapter 1.5
(commencing with Section 630), or any other law.
629.92. Notwithstanding any other provision of law, any court to
which an application is made in accordance with this chapter may take
any evidence, make any finding, or issue any order required to
conform the proceedings or the issuance of any order of authorization
or approval to the provisions of the Constitution of the United
States, any law of the United States, or this chapter.
629.94. (a) The Commission on Peace Officer Standards and Training,
in consultation with the Attorney General, shall establish a course
of training in the legal, practical, and technical aspects of the
interception of private wire, electronic pager, or electronic
cellular telephone communications and related investigative
techniques.
(b) The Attorney General shall set minimum standards for
certification and periodic recertification of the following persons
as eligible to apply for orders authorizing the interception of
private wire, electronic pager, or electronic cellular telephone
communications, to conduct the interceptions, and to use the
communications or evidence derived from them in official proceedings:
(1) Investigative or law enforcement officers.
(2) Other persons, when necessary, to provide linguistic
interpretation who are designated by the Attorney General, Chief
Deputy Attorney General, or Chief Assistant Attorney General,
Criminal Law Division, or the district attorney, or the district
attorney's designee and are supervised by an investigative or law
enforcement officer.
(c) The Commission on Peace Officer Standards and Training may
charge a reasonable enrollment fee for those students who are
employed by an agency not eligible for reimbursement by the
commission to offset the costs of the training. The Attorney General
may charge a reasonable fee to offset the cost of certification.
629.96. If any provision of this chapter, or the application
thereof to any person or circumstances, is held invalid, the
remainder of the chapter, and the application of its provisions to
other persons or circumstances, shall not be affected thereby.
629.98. This chapter shall remain in effect only until January 1,
2012, and as of that date is repealed.
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Invasion of privacy
[align=left]630. The Legislature hereby declares that advances in science and
technology have led to the development of new devices and techniques
for the purpose of eavesdropping upon private communications and that
the invasion of privacy resulting from the continual and increasing
use of such devices and techniques has created a serious threat to
the free exercise of personal liberties and cannot be tolerated in a
free and civilized society.
The Legislature by this chapter intends to protect the right of
privacy of the people of this state.
The Legislature recognizes that law enforcement agencies have a
legitimate need to employ modern listening devices and techniques in
the investigation of criminal conduct and the apprehension of
lawbreakers. Therefore, it is not the intent of the Legislature to
place greater restraints on the use of listening devices and
techniques by law enforcement agencies than existed prior to the
effective date of this chapter.
631. (a) Any person who, by means of any machine, instrument, or
contrivance, or in any other manner, intentionally taps, or makes any
unauthorized connection, whether physically, electrically,
acoustically, inductively, or otherwise, with any telegraph or
telephone wire, line, cable, or instrument, including the wire, line,
cable, or instrument of any internal telephonic communication
system, or who willfully and without the consent of all parties to
the communication, or in any unauthorized manner, reads, or attempts
to read, or to learn the contents or meaning of any message, report,
or communication while the same is in transit or passing over any
wire, line, or cable, or is being sent from, or received at any place
within this state; or who uses, or attempts to use, in any manner,
or for any purpose, or to communicate in any way, any information so
obtained, or who aids, agrees with, employs, or conspires with any
person or persons to unlawfully do, or permit, or cause to be done
any of the acts or things mentioned above in this section, is
punishable by a fine not exceeding two thousand five hundred dollars
($2,500), or by imprisonment in the county jail not exceeding one
year, or by imprisonment in the state prison, or by both a fine and
imprisonment in the county jail or in the state prison. If the
person has previously been convicted of a violation of this section
or Section 632, 632.5, 632.6, 632.7, or 636, he or she is punishable
by a fine not exceeding ten thousand dollars ($10,000), or by
imprisonment in the county jail not exceeding one year, or by
imprisonment in the state prison, or by both a fine and imprisonment
in the county jail or in the state prison.
(b) This section shall not apply (1) to any public utility engaged
in the business of providing communications services and facilities,
or to the officers, employees or agents thereof, where the acts
otherwise prohibited herein are for the purpose of construction,
maintenance, conduct or operation of the services and facilities of
the public utility, or (2) to the use of any instrument, equipment,
facility, or service furnished and used pursuant to the tariffs of a
public utility, or (3) to any telephonic communication system used
for communication exclusively within a state, county, city and
county, or city correctional facility.
(c) Except as proof in an action or prosecution for violation of
this section, no evidence obtained in violation of this section shall
be admissible in any judicial, administrative, legislative, or other
proceeding.
(d) This section shall become operative on January 1, 1994.
632. (a) Every person who, intentionally and without the consent of
all parties to a confidential communication, by means of any
electronic amplifying or recording device, eavesdrops upon or records
the confidential communication, whether the communication is carried
on among the parties in the presence of one another or by means of a
telegraph, telephone, or other device, except a radio, shall be
punished by a fine not exceeding two thousand five hundred dollars
($2,500), or imprisonment in the county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment. If
the person has previously been convicted of a violation of this
section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall
be punished by a fine not exceeding ten thousand dollars ($10,000),
by imprisonment in the county jail not exceeding one year, or in the
state prison, or by both that fine and imprisonment.
(b) The term "person" includes an individual, business
association, partnership, corporation, limited liability company, or
other legal entity, and an individual acting or purporting to act for
or on behalf of any government or subdivision thereof, whether
federal, state, or local, but excludes an individual known by all
parties to a confidential communication to be overhearing or
recording the communication.
(c) The term "confidential communication" includes any
communication carried on in circumstances as may reasonably indicate
that any party to the communication desires it to be confined to the
parties thereto, but excludes a communication made in a public
gathering or in any legislative, judicial, executive or
administrative proceeding open to the public, or in any other
circumstance in which the parties to the communication may reasonably
expect that the communication may be overheard or recorded.
(d) Except as proof in an action or prosecution for violation of
this section, no evidence obtained as a result of eavesdropping upon
or recording a confidential communication in violation of this
section shall be admissible in any judicial, administrative,
legislative, or other proceeding.
(e) This section does not apply (1) to any public utility engaged
in the business of providing communications services and facilities,
or to the officers, employees or agents thereof, where the acts
otherwise prohibited by this section are for the purpose of
construction, maintenance, conduct or operation of the services and
facilities of the public utility, or (2) to the use of any
instrument, equipment, facility, or service furnished and used
pursuant to the tariffs of a public utility, or (3) to any telephonic
communication system used for communication exclusively within a
state, county, city and county, or city correctional facility.
(f) This section does not apply to the use of hearing aids and
similar devices, by persons afflicted with impaired hearing, for the
purpose of overcoming the impairment to permit the hearing of sounds
ordinarily audible to the human ear.
632.5. (a) Every person who, maliciously and without the consent of
all parties to the communication, intercepts, receives, or assists
in intercepting or receiving a communication transmitted between
cellular radio telephones or between any cellular radio telephone and
a landline telephone shall be punished by a fine not exceeding two
thousand five hundred dollars ($2,500), by imprisonment in the county
jail not exceeding one year or in the state prison, or by both that
fine and imprisonment. If the person has been previously convicted
of a violation of this section or Section 631, 632, 632.6, 632.7, or
636, the person shall be punished by a fine not exceeding ten
thousand dollars ($10,000), by imprisonment in the county jail not
exceeding one year or in the state prison, or by both that fine and
imprisonment.
(b) In the following instances, this section shall not apply:
(1) To any public utility engaged in the business of providing
communications services and facilities, or to the officers,
employees, or agents thereof, where the acts otherwise prohibited are
for the purpose of construction, maintenance, conduct, or operation
of the services and facilities of the public utility.
(2) To the use of any instrument, equipment, facility, or service
furnished and used pursuant to the tariffs of the public utility.
(3) To any telephonic communication system used for communication
exclusively within a state, county, city and county, or city
correctional facility.
(c) As used in this section and Section 635, "cellular radio
telephone" means a wireless telephone authorized by the Federal
Communications Commission to operate in the frequency bandwidth
reserved for cellular radio telephones.
632.6. (a) Every person who, maliciously and without the consent of
all parties to the communication, intercepts, receives, or assists
in intercepting or receiving a communication transmitted between
cordless telephones as defined in subdivision (c), between any
cordless telephone and a landline telephone, or between a cordless
telephone and a cellular telephone shall be punished by a fine not
exceeding two thousand five hundred dollars ($2,500), by imprisonment
in the county jail not exceeding one year, or in the state prison,
or by both that fine and imprisonment. If the person has been
convicted previously of a violation of Section 631, 632, 632.5,
632.7, or 636, the person shall be punished by a fine not exceeding
ten thousand dollars ($10,000), or by imprisonment in the county jail
not exceeding one year, or in the state prison, or by both that fine
and imprisonment.
(b) This section shall not apply in any of the following
instances:
(1) To any public utility engaged in the business of providing
communications services and facilities, or to the officers,
employees, or agents thereof, where the acts otherwise prohibited are
for the purpose of construction, maintenance, conduct, or operation
of the services and facilities of the public utility.
(2) To the use of any instrument, equipment, facility, or service
furnished and used pursuant to the tariffs of the public utility.
(3) To any telephonic communications system used for communication
exclusively within a state, county, city and county, or city
correctional facility.
(c) As used in this section and in Section 635, "cordless
telephone" means a two-way low power communication system consisting
of two parts--a "base" unit which connects to the public switched
telephone network and a handset or "remote" unit--which are connected
by a radio link and authorized by the Federal Communications
Commission to operate in the frequency bandwidths reserved for
cordless telephones.
632.7. (a) Every person who, without the consent of all parties to
a communication, intercepts or receives and intentionally records, or
assists in the interception or reception and intentional recordation
of, a communication transmitted between two cellular radio
telephones, a cellular radio telephone and a landline telephone, two
cordless telephones, a cordless telephone and a landline telephone,
or a cordless telephone and a cellular radio telephone, shall be
punished by a fine not exceeding two thousand five hundred dollars
($2,500), or by imprisonment in a county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment. If
the person has been convicted previously of a violation of this
section or of Section 631, 632, 632.5, 632.6, or 636, the person
shall be punished by a fine not exceeding ten thousand dollars
($10,000), by imprisonment in a county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment.
(b) This section shall not apply to any of the following:
(1) Any public utility engaged in the business of providing
communications services and facilities, or to the officers,
employees, or agents thereof, where the acts otherwise prohibited are
for the purpose of construction, maintenance, conduct, or operation
of the services and facilities of the public utility.
(2) The use of any instrument, equipment, facility, or service
furnished and used pursuant to the tariffs of the public utility.
(3) Any telephonic communication system used for communication
exclusively within a state, county, city and county, or city
correctional facility.
(c) As used in this section, each of the following terms have the
following meaning:
(1) "Cellular radio telephone" means a wireless telephone
authorized by the Federal Communications Commission to operate in the
frequency bandwidth reserved for cellular radio telephones.
(2) "Cordless telephone" means a two-way, low power communication
system consisting of two parts, a "base" unit which connects to the
public switched telephone network and a handset or "remote" unit,
that are connected by a radio link and authorized by the Federal
Communications Commission to operate in the frequency bandwidths
reserved for cordless telephones.
(3) "Communication" includes, but is not limited to,
communications transmitted by voice, data, or image, including
facsimile.
633. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits
the Attorney General, any district attorney, or any assistant,
deputy, or investigator of the Attorney General or any district
attorney, any officer of the California Highway Patrol, any chief of
police, assistant chief of police, or police officer of a city or
city and county, any sheriff, undersheriff, or deputy sheriff
regularly employed and paid in that capacity by a county, police
officer of the County of Los Angeles, or any person acting pursuant
to the direction of one of these law enforcement officers acting
within the scope of his or her authority, from overhearing or
recording any communication that they could lawfully overhear or
record prior to the effective date of this chapter.
Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders
inadmissible any evidence obtained by the above-named persons by
means of overhearing or recording any communication that they could
lawfully overhear or record prior to the effective date of this
chapter.
633.1. (a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits any person regularly employed as an airport law enforcement
officer, as described in subdivision (d) of Section 830.33, acting
within the scope of his or her authority, from recording any
communication which is received on an incoming telephone line, for
which the person initiating the call utilized a telephone number
known to the public to be a means of contacting airport law
enforcement officers. In order for a telephone call to be recorded
under this subdivision, a series of electronic tones shall be used,
placing the caller on notice that his or her telephone call is being
recorded.
(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders
inadmissible any evidence obtained by an officer described in
subdivision (a) if the evidence was received by means of recording
any communication which is received on an incoming public telephone
line, for which the person initiating the call utilized a telephone
number known to the public to be a means of contacting airport law
enforcement officers.
(c) This section shall only apply to airport law enforcement
officers who are employed at an airport which maintains regularly
scheduled international airport service and which maintains permanent
facilities of the United States Customs Service.
633.5. Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits one party to a confidential communication from recording
the communication for the purpose of obtaining evidence reasonably
believed to relate to the commission by another party to the
communication of the crime of extortion, kidnapping, bribery, any
felony involving violence against the person, or a violation of
Section 653m. Nothing in Section 631, 632, 632.5, 632.6, or 632.7
renders any evidence so obtained inadmissible in a prosecution for
extortion, kidnapping, bribery, any felony involving violence against
the person, a violation of Section 653m, or any crime in connection
therewith.
633.6. (a) Notwithstanding the provisions of this chapter, and in
accordance with federal law, upon the request of a victim of domestic
violence who is seeking a domestic violence restraining order, a
judge issuing the order may include a provision in the order that
permits the victim to record any prohibited communication made to him
or her by the perpetrator.
(b) The Judicial Council shall amend its domestic violence
prevention application and order forms to incorporate the provisions
of this section.
634. Any person who trespasses on property for the purpose of
committing any act, or attempting to commit any act, in violation of
Section 631, 632, 632.5, 632.6, 632.7, or 636 shall be punished by a
fine not exceeding two thousand five hundred dollars ($2,500), by
imprisonment in the county jail not exceeding one year or in the
state prison, or by both that fine and imprisonment. If the person
has previously been convicted of a violation of this section or
Section 631, 632, 632.5, 632.6, 632.7, or 636, the person shall be
punished by a fine not exceeding ten thousand dollars ($10,000), by
imprisonment in the county jail not exceeding one year or in the
state prison, or by both that fine and imprisonment.
635. (a) Every person who manufactures, assembles, sells, offers
for sale, advertises for sale, possesses, transports, imports, or
furnishes to another any device which is primarily or exclusively
designed or intended for eavesdropping upon the communication of
another, or any device which is primarily or exclusively designed or
intended for the unauthorized interception or reception of
communications between cellular radio telephones or between a
cellular radio telephone and a landline telephone in violation of
Section 632.5, or communications between cordless telephones or
between a cordless telephone and a landline telephone in violation of
Section 632.6, shall be punished by a fine not exceeding two
thousand five hundred dollars ($2,500), by imprisonment in the county
jail not exceeding one year, or in the state prison, or by both that
fine and imprisonment. If the person has previously been convicted
of a violation of this section, the person shall be punished by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment
in the county jail not exceeding one year, or in the state prison, or
by both that fine and imprisonment.
(b) This section does not apply to either of the following:
(1) An act otherwise prohibited by this section when performed by
any of the following:
(A) A communication utility or an officer, employee or agent
thereof for the purpose of construction, maintenance, conduct, or
operation of, or otherwise incident to the use of, the services or
facilities of the utility.
(B) A state, county, or municipal law enforcement agency or an
agency of the federal government.
(C) A person engaged in selling devices specified in subdivision
(a) for use by, or resale to, agencies of a foreign government under
terms approved by the federal government, communication utilities,
state, county, or municipal law enforcement agencies, or agencies of
the federal government.
(2) Possession by a subscriber to communication utility service of
a device specified in subdivision (a) furnished by the utility
pursuant to its tariffs.
636. (a) Every person who, without permission from all parties to
the conversation, eavesdrops on or records, by means of an electronic
device, a conversation, or any portion thereof, between a person who
is in the physical custody of a law enforcement officer or other
public officer, or who is on the property of a law enforcement agency
or other public agency, and that person's attorney, religious
adviser, or licensed physician, is guilty of a felony.
(b) Every person who, intentionally and without permission from
all parties to the conversation, nonelectronically eavesdrops upon a
conversation, or any portion thereof, that occurs between a person
who is in the physical custody of a law enforcement officer or other
public officer and that person's attorney, religious adviser, or
licensed physician, is guilty of a public offense. This subdivision
applies to conversations that occur in a place, and under
circumstances, where there exists a reasonable expectation of
privacy, including a custody holding area, holding area, or anteroom.
This subdivision does not apply to conversations that are
inadvertently overheard or that take place in a courtroom or other
room used for adjudicatory proceedings. A person who is convicted of
violating this subdivision shall be punished by imprisonment in the
state prison, or in the county jail for a term not to exceed one
year, or by a fine not to exceed two thousand five hundred dollars
($2,500), or by both that fine and imprisonment.
(c) This section shall not apply to any employee of a public
utility engaged in the business of providing service and facilities
for telephone or telegraph communications while engaged in the
construction, maintenance, conduct, or operation of the service or
facilities of that public utility who listens in to conversations for
the limited purpose of testing or servicing equipment.
636.5. Any person not authorized by the sender, who intercepts any
public safety radio service communication, by use of a scanner or any
other means, for the purpose of using that communication to assist
in the commission of a criminal offense or to avoid or escape arrest,
trial, conviction, or punishment or who divulges to any person he or
she knows to be a suspect in the commission of any criminal offense,
the existence, contents, substance, purport, effect or meaning of
that communication concerning the offense with the intent that the
suspect may avoid or escape from arrest, trial, conviction, or
punishment is guilty of a misdemeanor.
Nothing in this section shall preclude prosecution of any person
under Section 31 or 32.
As used in this section, "public safety radio service
communication" means a communication authorized by the Federal
Communications Commission to be transmitted by a station in the
public safety radio service.
637. Every person not a party to a telegraphic or telephonic
communication who willfully discloses the contents of a telegraphic
or telephonic message, or any part thereof, addressed to another
person, without the permission of such person, unless directed so to
do by the lawful order of a court, is punishable by imprisonment in
the state prison, or in the county jail not exceeding one year, or by
fine not exceeding five thousand dollars ($5,000), or by both fine
and imprisonment.
637.1. Every person not connected with any telegraph or telephone
office who, without the authority or consent of the person to whom
the same may be directed, willfully opens any sealed envelope
enclosing a telegraphic or telephonic message, addressed to another
person, with the purpose of learning the contents of such message, or
who fraudulently represents another person and thereby procures to
be delivered to himself any telegraphic or telephonic message
addressed to such other person, with the intent to use, destroy, or
detain the same from the person entitled to receive such message, is
punishable as provided in Section 637.
637.2. (a) Any person who has been injured by a violation of this
chapter may bring an action against the person who committed the
violation for the greater of the following amounts:
(1) Five thousand dollars ($5,000).
(2) Three times the amount of actual damages, if any, sustained by
the plaintiff.
(b) Any person may, in accordance with Chapter 3 (commencing with
Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
bring an action to enjoin and restrain any violation of this chapter,
and may in the same action seek damages as provided by subdivision
(a).
(c) It is not a necessary prerequisite to an action pursuant to
this section that the plaintiff has suffered, or be threatened with,
actual damages.
637.3. (a) No person or entity in this state shall use any system
which examines or records in any manner voice prints or other voice
stress patterns of another person to determine the truth or falsity
of statements made by such other person without his or her express
written consent given in advance of the examination or recordation.
(b) This section shall not apply to any peace officer, as defined
in Section 830, while he is carrying out his official duties.
(c) Any person who has been injured by a violator of this section
may bring an action against the violator for his actual damages or
one thousand dollars ($1,000), whichever is greater.
637.4. (a) No state or local governmental agency involved in the
investigation or prosecution of crimes, or any employee thereof,
shall require or request any complaining witness, in a case involving
the use of force, violence, duress, menace, or threat of great
bodily harm in the commission of any *** offense, to submit to a
polygraph examination as a prerequisite to filing an accusatory
pleading.
(b) Any person who has been injured by a violator of this section
may bring an action against the violator for his actual damages or
one thousand dollars ($1,000), whichever is greater.
637.5. (a) No person who owns, controls, operates, or manages a
satellite or cable television corporation, or who leases channels on
a satellite or cable system shall:
(1) Use any electronic device to record, transmit, or observe any
events or listen to, record, or monitor any conversations that take
place inside a subscriber's residence, workplace, or place of
business, without obtaining the express written consent of the
subscriber. A satellite or cable television corporation may conduct
electronic sweeps of subscriber households to monitor for signal
quality.
(2) Provide any person with any individually identifiable
information regarding any of its subscribers, including, but not
limited to, the subscriber's television viewing habits, shopping
choices, interests, opinions, energy uses, medical information,
banking data or information, or any other personal or private
information, without the subscriber's express written consent.
(b) Individual subscriber viewing responses or other individually
identifiable information derived from subscribers may be retained and
used by a satellite or cable television corporation only to the
extent reasonably necessary for billing purposes and internal
business practices, and to monitor for unauthorized reception of
services. A satellite or cable television corporation may compile,
maintain, and distribute a list containing the names and addresses of
its subscribers if the list contains no other individually
identifiable information and if subscribers are afforded the right to
elect not to be included on the list. However, a satellite or cable
television corporation shall maintain adequate safeguards to ensure
the physical security and confidentiality of the subscriber
information.
(c) A satellite or cable television corporation shall not make
individual subscriber information available to government agencies in
the absence of legal compulsion, including, but not limited to, a
court order or subpoena. If requests for information are made, a
satellite or cable television corporation shall promptly notify the
subscriber of the nature of the request and what government agency
has requested the information prior to responding unless otherwise
prohibited from doing so by law.
Nothing in this section shall be construed to prevent local
franchising authorities from obtaining information necessary to
monitor franchise compliance pursuant to franchise or license
agreements. This information shall be provided so as to omit
individually identifiable subscriber information whenever possible.
Information obtained by local franchising authorities shall be used
solely for monitoring franchise compliance and shall not be subject
to the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
(d) Any individually identifiable subscriber information gathered
by a satellite or cable television corporation shall be made
available for subscriber examination within 30 days of receiving a
request by a subscriber to examine the information on the premises of
the corporation. Upon a reasonable showing by the subscriber that
the information is inaccurate, a satellite or cable television
corporation shall correct the information.
(e) Upon a subscriber's application for satellite or cable
television service, including, but not limited to, interactive
service, a satellite or cable television corporation shall provide
the applicant with a separate notice in an appropriate form
explaining the subscriber's right to privacy protection afforded by
this section.
(f) As used in this section:
(1) "Cable television corporation" shall have the same meaning as
that term is given by Section 216.4 of the Public Utilities Code.
(2) "Individually identifiable information" means any information
identifying an individual or his or her use of any service provided
by a satellite or cable system other than the mere fact that the
individual is a satellite or cable television subscriber.
"Individually identifiable information" shall not include anonymous,
aggregate, or any other information that does not identify an
individual subscriber of a video provider service.
(3) "Person" includes an individual, business association,
partnership, corporation, limited liability company, or other legal
entity, and an individual acting or purporting to act for or on
behalf of any government, or subdivision thereof, whether federal,
state, or local.
(4) "Interactive service" means any service offered by a satellite
or cable television corporation involving the collection, reception,
aggregation, storage, or use of electronic information transmitted
from a subscriber to any other receiving point under the control of
the satellite or cable television corporation, or vice versa.
(g) Nothing in this section shall be construed to limit the
ability of a satellite or cable television corporation to market
satellite or cable television or ancillary services to its
subscribers.
(h) Any person receiving subscriber information from a satellite
or cable television corporation shall be subject to the provisions of
this section.
(i) Any aggrieved person may commence a civil action for damages
for invasion of privacy against any satellite or cable television
corporation, service provider, or person that leases a channel or
channels on a satellite or cable television system that violates the
provisions of this section.
(j) Any person who violates the provisions of this section is
guilty of a misdemeanor punishable by a fine not exceeding three
thousand dollars ($3,000), or by imprisonment in the county jail not
exceeding one year, or by both that fine and imprisonment.
(k) The penalties and remedies provided by subdivisions (i) and
(j) are cumulative, and shall not be construed as restricting any
penalty or remedy, provisional or otherwise, provided by law for the
benefit of any person, and no judgment under this section shall
preclude any person from obtaining additional relief based upon the
same facts.
(l) The provisions of this section are intended to set forth
minimum state standards for protecting the privacy of subscribers to
cable television services and are not intended to preempt more
restrictive local standards.
637.6. (a) No person who, in the course of business, acquires or
has access to personal information concerning an individual,
including, but not limited to, the individual's residence address,
employment address, or hours of employment, for the purpose of
assisting private entities in the establishment or implementation of
carpooling or ridesharing programs, shall disclose that information
to any other person or use that information for any other purpose
without the prior written consent of the individual.
(b) As used in this section, "carpooling or ridesharing programs"
include, but shall not be limited to, the formation of carpools,
vanpools, buspools, the provision of transit routes, rideshare
research, and the development of other demand management strategies
such as variable working hours and telecommuting.
(c) Any person who violates this section is guilty of a
misdemeanor, punishable by imprisonment in the county jail for not
exceeding one year, or by a fine of not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine.
637.7. (a) No person or entity in this state shall use an
electronic tracking device to determine the location or movement of a
person.
(b) This section shall not apply when the registered owner,
lessor, or lessee of a vehicle has consented to the use of the
electronic tracking device with respect to that vehicle.
(c) This section shall not apply to the lawful use of an
electronic tracking device by a law enforcement agency.
(d) As used in this section, "electronic tracking device" means
any device attached to a vehicle or other movable thing that reveals
its location or movement by the transmission of electronic signals.
(e) A violation of this section is a misdemeanor.
(f) A violation of this section by a person, business, firm,
company, association, partnership, or corporation licensed under
Division 3 (commencing with Section 5000) of the Business and
Professions Code shall constitute grounds for revocation of the
license issued to that person, business, firm, company, association,
partnership, or corporation, pursuant to the provisions that provide
for the revocation of the license as set forth in Division 3
(commencing with Section 5000) of the Business and Professions Code.
637.9. (a) Any person who, in the course of business, provides
mailing lists, computerized or telephone-based reference services, or
similar products or services utilizing lists, as defined, knowingly
does any of the following is guilty of a misdemeanor:
(1) Fails, prior to selling or distributing a list to a first-time
buyer, to obtain the buyer's name, address, telephone number, tax
identification number if the buyer is a forprofit entity, a sample of
the type of material to be distributed using the list, or to make a
good-faith effort to verify the nature and legitimacy of the business
or organization to which the list is being sold or distributed.
(2) Knowingly provides access to personal information about
children to any person who he or she knows is registered or required
to register as a *** offender.
(b) Any person who uses personal information about a child that
was obtained for commercial purposes to directly contact the child or
the child's parent to offer a commercial product or service to the
child and who knowingly fails to comply with the parent's request to
take steps to limit access to personal information about a child only
to authorized persons is guilty of a misdemeanor.
(c) Any person who knowingly distributes or receives any personal
information about a child with knowledge that the information will be
used to abuse or physically harm the child is guilty of a
misdemeanor.
(d) (1) List brokers shall, upon a written request from a parent
that specifically identifies the child, provide the parent with
procedures that the parent must follow in order to withdraw consent
to use personal information relating to his or her child. Any list
broker who fails to discontinue disclosing personal information about
a child within 20 days after being so requested in writing by the
child's parent, is guilty of a misdemeanor.
(2) Any person who, through the mail, markets or sells products or
services directed to children, shall maintain a list of all
individuals, and their addresses, who have requested in writing that
the person discontinue sending any marketing or sales materials to
the individual or the individual's child or children. No person who
is obligated to maintain that list shall cause any marketing or sales
materials, other than those that are already in the process of
dissemination, to be sent to any individual's child or children,
after that individual has made that written request. Any person who
is subject to the provisions of this paragraph, who fails to comply
with the requirements of this paragraph or who violates the
provisions of this paragraph is guilty of a misdemeanor.
(e) The following shall be exempt from subdivisions (a) and (b):
(1) Any federal, state, or local government agency or law
enforcement agency.
(2) The National Center for Missing and Exploited Children.
(3) Any educational institution, consortia, organization, or
professional association, which shall include, but not be limited to,
the California community colleges; the California State University,
and each campus, branch, and function thereof; each campus, branch,
and function of the University of California; the California Maritime
Academy; or any independent institution of higher education
accredited by an agency recognized by the federal Department of
Education. For the purposes of this paragraph, "independent
institution of higher education" means any nonpublic higher education
institution that grants undergraduate degrees, graduate degrees, or
both undergraduate and graduate degrees, is formed as a nonprofit
corporation in this state, and is accredited by an agency recognized
by the federal Department of Education; or any private postsecondary
vocational institution registered, approved, or exempted by the
Bureau of Private Postsecondary Vocational Education.
(4) Any nonprofit organization that is exempt from taxation under
Section 23701d of the Revenue and Taxation Code.
(f) As used in this section:
(1) "Child" means a person who is under 16 years of age.
(2) "Parent" shall include a legal guardian.
(3) "Personal information" means any information that identifies a
child and that would suffice to locate and contact the child,
including, but not limited to, the name, postal or electronic mail
address, telephone number, social security number, date of birth,
physical description of the child, or family income.
(4) "List" may include, but is not limited to, a collection of
name and address records of individuals sharing a common interest,
purchase history, demographic profile, membership, or affiliation.
638. (a) Any person who purchases, sells, offers to purchase or
sell, or conspires to purchase or sell any telephone calling pattern
record or list, without the written consent of the subscriber, or any
person who procures or obtains through fraud or deceit, or attempts
to procure or obtain through fraud or deceit any telephone calling
pattern record or list shall be punished by a fine not exceeding two
thousand five hundred dollars ($2,500), or by imprisonment in a
county jail not exceeding one year, or by both a fine and
imprisonment. If the person has previously been convicted of a
violation of this section, he or she is punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in a
county jail not exceeding one year, or by both a fine and
imprisonment.
(b) Any personal information contained in a telephone calling
pattern record or list that is obtained in violation of this section
shall be inadmissible as evidence in any judicial, administrative,
legislative, or other proceeding except when that information is
offered as proof in an action or prosecution for a violation of this
section, or when otherwise authorized by law, in any criminal
prosecution.
(c) For purposes of this section:
(1) "Person" includes an individual, business association,
partnership, limited partnership, corporation, limited liability
company, or other legal entity.
(2) "Telephone calling pattern record or list" means information
retained by a telephone company that relates to the telephone number
dialed by the subscriber, or other person using the subscriber's
telephone with permission, or the incoming number of a call directed
to the subscriber, or other data related to such calls typically
contained on a subscriber telephone bill such as the time the call
started and ended, the duration of the call, any charges applied, and
any information described in subdivision (a) of Section 2891 of the
Public Utilities Code whether the call was made from or to a
telephone connected to the public switched telephone network, a
cordless telephone, as defined in Section 632.6, a telephony device
operating over the Internet utilizing voice over Internet protocol, a
satellite telephone, or commercially available interconnected mobile
phone service that provides access to the public switched telephone
network via a mobile communication device employing radiowave
technology to transmit calls, including cellular radiotelephone,
broadband Personal Communications Services, and digital Specialized
Mobile Radio.
(3) "Telephone company" means a telephone corporation as defined
in Section 234 of the Public Utilities Code or any other person that
provides residential or commercial telephone service to a subscriber
utilizing any of the technologies or methods enumerated in paragraph
(2).
(4) For purposes of this section, "purchase" and "sell" shall not
include information provided to a collection agency or assignee of
the debt by the telephone corporation, and used exclusively for the
collection of the unpaid debt assigned by the telephone corporation,
provided that the collection agency or assignee of the debt shall be
liable for any disclosure of the information that is in violation of
this section.
(d) An employer of, or entity contracting with, a person who
violates subdivision (a) shall only be subject to prosecution
pursuant to that provision if the employer or contracting entity
knowingly allowed the employee or contractor to engage in conduct
that violated subdivision (a).
(e) It is the intent of the Legislature to ensure that telephone
companies maintain telephone calling pattern records or lists in the
strictest confidence, and protect the privacy of their subscribers
with all due care. While it is not the intent of the Legislature in
this act to preclude the sharing of information that is currently
allowed by both state and federal laws and rules governing those
records, it is the Legislature's intent in this act to preclude any
unauthorized purchase or sale of that information.
(f) This section shall not be construed to prevent a law
enforcement or prosecutorial agency, or any officer, employee, or
agent thereof from obtaining telephone records in connection with the
performance of the official duties of the agency consistent with any
other applicable state and federal law.
(g) Nothing in this section shall preclude prosecution under any
other provision of law.
(h) The Legislature hereby finds and declares that,
notwithstanding the prohibition on specific means of making available
or obtaining personal calling records pursuant to this section, the
disclosure of personal calling records through any other means is no
less harmful to the privacy and security interests of Californians.
This section is not intended to limit the scope or force of Section
2891 of the Public Utilities Code in any way.[/align]
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Of other and miscellaneous offenses
[align=left]
639. Every person who gives, offers, or agrees to give to any
director, officer, or employee of a financial institution any
emolument, gratuity, or reward, or any money, property, or thing of
value for his own personal benefit or of personal advantage, for
procuring or endeavoring to procure for any person a loan or
extension of credit from such financial institution is guilty of a
felony.
As used in this section and Section 639a, "financial institution"
means any person or persons engaged in the business of making loans
or extending credit or procuring the making of loans or extension of
credit, including, but not limited to, state and federal banks,
savings and loan associations, trust companies, industrial loan
companies, personal property brokers, consumer finance lenders,
commercial finance lenders, credit unions, escrow companies, title
insurance companies, insurance companies, small business investment
companies, pawnbrokers, and retirement funds.
As used in this section and Section 639a the word "person"
includes any person, firm, partnership, association, corporation,
limited liability company, company, syndicate, estate, trust,
business trust, or organization of any kind.
639a. Any officer, director or employee of a financial institution
who asks, receives, consents, or agrees to receive any commission,
emolument, gratuity, or reward or any money, property, or thing of
value for his own personal benefit or of personal advantage for
procuring or endeavoring to procure for any person a loan from such
financial institution is guilty of a felony.
640. (a) Any of the acts described in subdivision (b) is an
infraction punishable by a fine not to exceed two hundred fifty
dollars ($250) and by community service for a total time not to
exceed 48 hours over a period not to exceed 30 days, during a time
other than during his or her hours of school attendance or
employment, when committed on or in any of the following:
(1) A facility or vehicle of a public transportation system as
defined by Section 99211 of the Public Utilities Code.
(2) A facility of, or vehicle operated by any entity subsidized
by, the Department of Transportation.
(3) A leased or rented facility or vehicle for which any of the
entities described in paragraph (1) or (2) incur costs of cleanup,
repair, or replacement as a result of any of those acts.
(b) (1) Evasion of the payment of a fare of the system.
(2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
(3) Playing sound equipment on or in a system facility or vehicle.
(4) Smoking, eating, or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited by that
system.
(5) Expectorating upon a system facility or vehicle.
(6) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
(7) Carrying an explosive or acid, flammable liquid, or toxic or
hazardous material in a public transit facility or vehicle.
(8) Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not apply to a
person who cannot comply with this paragraph as a result of a
disability, age, or a medical condition.
(9) (A) Willfully blocking the free movement of another person in
a system facility or vehicle.
(B) This paragraph (9) shall not be interpreted to affect any
lawful activities permitted or first amendment rights protected under
the laws of this state or applicable federal law, including, but not
limited to, laws related to collective bargaining, labor relations,
or labor disputes.
(10) Skateboarding, roller skating, bicycle riding, or roller
blading in a system facility, vehicle, or parking structure. This
paragraph does not apply to an activity that is necessary for
utilization of the transit facility by a bicyclist, including, but
not limited to, an activity that is necessary for parking a bicycle
or transporting a bicycle aboard a transit vehicle, if that activity
is conducted with the permission of the transit agency in a manner
that does not interfere with the safety of the bicyclist or other
patrons of the transit facility.
(11) (A) Unauthorized use of a discount ticket or failure to
present, upon request from a transit system representative,
acceptable proof of eligibility to use a discount ticket, in
accordance with Section 99155 of the Public Utilities Code and posted
system identification policies when entering or exiting a transit
station or vehicle. Acceptable proof of eligibility must be clearly
defined in the posting.
(B) In the event that an eligible discount ticket user is not in
possession of acceptable proof at the time of request, any citation
issued shall be held for a period of 72 hours to allow the user to
produce acceptable proof. If the proof is provided, the citation
shall be voided. If the proof is not produced within that time
period, the citation shall be processed.
(c) Notwithstanding subdivision (a), the City and County of San
Francisco and the Los Angeles County Metropolitan Transportation
Authority may enact and enforce an ordinance providing that any of
the acts described in subdivision (b) on or in a facility or vehicle
described in subdivision (a) for which the City and County of San
Francisco or the Los Angeles County Metropolitan Transportation
Authority has jurisdiction shall be subject only to an administrative
penalty imposed and enforced in a civil proceeding. The ordinance
for imposing and enforcing the administrative penalty shall be
governed by Chapter 8 (commencing with Section 99580) of Part 11 of
Division 10 of the Public Utilities Code and shall not apply to
minors.
640.2. (a) Any person who stamps, prints, places, or inserts any
writing in or on any product or box, package, or other container
containing a consumer product offered for sale is guilty of a
misdemeanor.
(b) This section does not apply if the owner or manager of the
premises where the product is stored or sold, or his or her designee,
or the product manufacturer or authorized distributor or retailer of
the product consents to the placing or inserting of the writing.
(c) As used in this section, "writing" means any form of
representation or communication, including handbills, notices, or
advertising, that contains letters, words, or pictorial
representations.
640.5. (a) (1) Any person who defaces with graffiti or other
inscribed material the interior or exterior of the facilities or
vehicles of a governmental entity, as defined by Section 811.2 of the
Government Code, or the interior or exterior of the facilities or
vehicles of a public transportation system as defined by Section
99211 of the Public Utilities Code, or the interior or exterior of
the facilities of or vehicles operated by entities subsidized by the
Department of Transportation or the interior or exterior of any
leased or rented facilities or vehicles for which any of the above
entities incur costs of less than two hundred fifty dollars ($250)
for cleanup, repair, or replacement is guilty of an infraction,
punishable by a fine not to exceed one thousand dollars ($1,000) and
by a minimum of 48 hours of community service for a total time not to
exceed 200 hours over a period not to exceed 180 days, during a time
other than his or her hours of school attendance or employment.
This subdivision does not preclude application of Section 594.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, to keep a specified property in the community
free of graffiti for 90 days. Participation of a parent or guardian
is not required under this paragraph if the court deems this
participation to be detrimental to the defendant, or if the parent or
guardian is a single parent who must care for young children.
(b) (1) If the person has been convicted previously of an
infraction under subdivision (a) or has a prior conviction of Section
594, 594.3, 594.4, 640.6, or 640.7, the offense is a misdemeanor,
punishable by imprisonment in a county jail not to exceed six months,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine. As a condition of probation, the court
shall order the defendant to perform a minimum of 96 hours of
community service not to exceed 400 hours over a period not to exceed
350 days during a time other than his or her hours of school
attendance or employment.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for 180 days.
Participation of a parent or guardian is not required under this
paragraph if the court deems this participation to be detrimental to
the defendant, or if the parent or guardian is a single parent who
must care for young children.
(c) (1) Every person who, having been convicted previously under
this section or Section 594, 594.3, 594.4, 640.6, or 640.7, or any
combination of these offenses, on two separate occasions, and having
been incarcerated pursuant to a sentence, a conditional sentence, or
a grant of probation for at least one of the convictions, is
subsequently convicted under this section, shall be punished by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed three thousand dollars ($3,000), or by both that
imprisonment and fine. As a condition of probation, the court may
order the defendant to perform community service not to exceed 600
hours over a period not to exceed 480 days during a time other than
his or her hours of school attendance or employment.
(2) In lieu of the community service that may be ordered pursuant
to paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for 240 days.
Participation of a parent or guardian is not required under this
paragraph if the court deems this participation to be detrimental to
the defendant, or if the parent or guardian is a single parent who
must care for young children.
(d) (1) Upon conviction of any person under subdivision (a), the
court, in addition to any punishment imposed pursuant to subdivision
(a), (b), or (c), at the victim's option, may order the defendant to
perform the necessary labor to clean up, repair, or replace the
property damaged by that person.
(2) If a minor is personally unable to pay any fine levied for
violating subdivision (a), (b), or (c), the parent or legal guardian
of the minor shall be liable for payment of the fine. A court may
waive payment of the fine or any part thereof by the parent or legal
guardian upon a finding of good cause.
(e) Any fine levied for a violation of subdivision (a), (b), or
(c) shall be credited by the county treasurer pursuant to Section
1463.29 to the governmental entity having jurisdiction over, or
responsibility for, the facility or vehicle involved, to be used for
removal of the graffiti or other inscribed material or replacement or
repair of the property defaced by the graffiti or other inscribed
material. Before crediting these fines to the appropriate
governmental entity, the county may determine the administrative
costs it has incurred pursuant to this section, and retain an amount
equal to those costs.
Any community service which is required pursuant to subdivision
(a), (b), or (c) of a person under the age of 18 years may be
performed in the presence, and under the direct supervision, of the
person's parent or legal guardian.
(f) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(g) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a), (b), (c), or
(d) to undergo counseling.
640.6. (a) (1) Except as provided in Section 640.5, any person who
defaces with graffiti or other inscribed material any real or
personal property not his or her own, when the amount of the
defacement, damage, or destruction is less than two hundred fifty
dollars ($250), is guilty of an infraction, punishable by a fine not
to exceed one thousand dollars ($1,000). This subdivision does not
preclude application of Section 594.
In addition to the penalty set forth in this section, the court
shall order the defendant to perform a minimum of 48 hours of
community service not to exceed 200 hours over a period not to exceed
180 days during a time other than his or her hours of school
attendance or employment.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, to keep a specified property in the community
free of graffiti for 90 days. Participation of a parent or guardian
is not required under this paragraph if the court deems this
participation to be detrimental to the defendant, or if the parent or
guardian is a single parent who must care for young children.
(b) (1) If the person has been convicted previously of an
infraction under subdivision (a) or has a prior conviction of Section
594, 594.3, 594.4, 640.5, or 640.7, the offense is a misdemeanor,
punishable by not to exceed six months in a county jail, by a fine
not to exceed two thousand dollars ($2,000), or by both that
imprisonment and fine. As a condition of probation, the court shall
order the defendant to perform a minimum of 96 hours of community
service not to exceed 400 hours over a period not to exceed 350 days
during a time other than his or her hours of school attendance or
employment.
(2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for 180 days.
Participation of a parent or guardian is not required under this
paragraph if the court deems this participation to be detrimental to
the defendant, or if the parent or guardian is a single parent who
must care for young children.
(c) (1) Every person who, having been convicted previously under
this section or Section 594, 594.3, 594.4, 640.5, or 640.7, or any
combination of these offenses, on two separate occasions, and having
been incarcerated pursuant to a sentence, a conditional sentence, or
a grant of probation for at least one of the convictions, is
subsequently convicted under this section, shall be punished by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed three thousand dollars ($3,000), or by both that
imprisonment and fine. As a condition of probation, the court may
order the defendant to perform community service not to exceed 600
hours over a period not to exceed 480 days during a time other than
his or her hours of school attendance or employment.
(2) In lieu of the community service that may be ordered pursuant
to paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for 240 days.
Participation of a parent or guardian is not required under this
paragraph if the court deems this participation to be detrimental to
the defendant, or if the parent or guardian is a single parent who
must care for young children.
(d) Upon conviction of any person under subdivision (a), the
court, in addition to any punishment imposed pursuant to subdivision
(a), (b), or (c), at the victim's option, may order the defendant to
perform the necessary labor to clean up, repair, or replace the
property damaged by that person.
(e) If a minor is personally unable to pay any fine levied for
violating subdivision (a), (b), or (c), the parent or legal guardian
of the minor shall be liable for payment of the fine. A court may
waive payment of the fine or any part thereof by the parent or legal
guardian upon a finding of good cause.
Any community service which is required pursuant to subdivision
(a), (b), or (c) of a person under the age of 18 years may be
performed in the presence, and under the direct supervision, of the
person's parent or legal guardian.
(f) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(g) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a), (b), (c), or
(d) to undergo counseling.
640.7. Any person who violates Section 594, 640.5, or 640.6 on or
within 100 feet of a highway, or its appurtenances, including, but
not limited to, guardrails, signs, traffic signals, snow poles, and
similar facilities, excluding signs naming streets, is guilty of a
misdemeanor, punishable by imprisonment in a county jail not
exceeding six months, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. A second
conviction is punishable by imprisonment in a county jail not
exceeding one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
640.8. Any person who violates Section 594, 640.5, or 640.6, on a
freeway, or its appurtenances, including sound walls, overpasses,
overpass supports, guardrails, signs, signals, and other traffic
control devices, is guilty of a misdemeanor, punishable by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed five thousand dollars ($5,000), or by both that
imprisonment and fine. As a condition of probation, the court may
order the defendant to perform community service not to exceed 480
hours over a period not to exceed 420 days during a time other than
his or her hours of school attendance or employment.
640a. 1. Any person who shall knowingly and wilfully operate, or
cause to be operated, or who shall attempt to operate, or attempt to
cause to be operated, any automatic vending machine, slot machine or
other receptacle designed to receive lawful coin of the United States
of America in connection with the sale, use or enjoyment of property
or service, by means of a slug or any false, counterfeited,
mutilated, sweated or foreign coin, or by any means, method, trick or
device whatsoever not lawfully authorized by the owner, lessee or
licensee of such machine or receptacle, or who shall take, obtain or
receive from or in connection with any automatic vending machine,
slot machine or other receptacle designed to receive lawful coin of
the United States of America in connection with the sale, use or
enjoyment of property or service, any goods, wares, merchandise, gas,
electric current, article of value, or the use or enjoyment of any
musical instrument, phonograph or other property, without depositing
in and surrendering to such machine or receptacle lawful coin of the
United States of America to the amount required therefor by the
owner, lessee or licensee of such machine or receptacle shall be
guilty of a misdemeanor.
2. Any person who, with intent to cheat or defraud the owner,
lessee, licensee or other person entitled to the contents of any
automatic vending machine, slot machine or other receptacle,
depository or contrivance designed to receive lawful coin of the
United States of America in connection with the sale, use or
enjoyment of property or service, or who, knowing or having cause to
believe that the same is intended for unlawful use, shall manufacture
for sale, or sell or give away any slug, device or substance
whatsoever intended or calculated to be placed or deposited in any
such automatic vending machine, slot machine or other such
receptacle, depository or contrivance, shall be guilty of a
misdemeanor.
640b. 1. Any person who knowingly, wilfully and with intent to
defraud the owner, lessee or licensee of any coin-box telephone,
shall operate or cause to be operated, attempt to operate, or attempt
to cause to be operated, any coin-box telephone by means of any slug
or any false, counterfeited, mutilated, sweated or foreign coin, or
by any means, method, trick or device whatsoever not lawfully
authorized by such owner, lessee or licensee, or any person who,
knowingly, wilfully and with intent to defraud the owner, lessee or
licensee of any coin-box telephone, shall take, obtain or receive
from or in connection with any such coin-box telephone, the use or
enjoyment of any telephone or telegraph facilities or service,
without depositing in or surrendering to such coin-box telephone
lawful coin of the United States of America to the amount required
therefor by such owner, lessee or licensee, shall be guilty of a
misdemeanor.
2. Any person who, with the intent to cheat or defraud the owner,
lessee or licensee or other person entitled to the contents of any
coin-box telephone, or who, knowing or having cause to believe that
the same is intended for unlawful use, shall manufacture for sale, or
sell or give away any slug, device or substance whatsoever intended
or calculated to be placed or deposited in any such coin-box
telephone, shall be guilty of a misdemeanor.
641. Every person who, by the payment or promise of any bribe,
inducement, or reward, procures or attempts to procure any telegraph
or telephone agent, operator, or employee to disclose any private
message, or the contents, purport, substance, or meaning thereof, or
offers to any agent, operator, or employee any bribe, compensation,
or reward for the disclosure of any private information received by
him or her by reason of his or her trust as agent, operator, or
employee, or uses or attempts to use any information so obtained, is
punishable as provided in Section 639.
641.3. (a) Any employee who solicits, accepts, or agrees to accept
money or any thing of value from a person other than his or her
employer, other than in trust for the employer, corruptly and without
the knowledge or consent of the employer, in return for using or
agreeing to use his or her position for the benefit of that other
person, and any person who offers or gives an employee money or any
thing of value under those circumstances, is guilty of commercial
bribery.
(b) This section does not apply where the amount of money or
monetary worth of the thing of value is one hundred dollars ($100) or
less.
(c) Commercial bribery is punishable by imprisonment in the county
jail for not more than one year if the amount of the bribe is one
thousand dollars ($1,000) or less, or by imprisonment in the county
jail, or in the state prison for 16 months, or two or three years if
the amount of the bribe exceeds one thousand dollars ($1,000).
(d) For purposes of this section:
(1) "Employee" means an officer, director, agent, trustee,
partner, or employee.
(2) "Employer" means a corporation, association, organization,
trust, partnership, or sole proprietorship.
(3) "Corruptly" means that the person specifically intends to
injure or defraud (A) his or her employer, (B) the employer of the
person to whom he or she offers, gives, or agrees to give the money
or a thing of value, (C) the employer of the person from whom he or
she requests, receives, or agrees to receive the money or a thing of
value, or (D) a competitor of any such employer.
641.4. (a) An employee of a title insurer, underwritten title
company, or controlled escrow company who corruptly violates Section
12404 of the Insurance Code by paying, directly or indirectly, a
commission, compensation, or other consideration to a licensee, as
defined in Section 10011 of the Business and Professions Code, or a
licensee who corruptly violates Section 10177.4 of the Business and
Professions Code by receiving from an employee of a title insurer,
underwritten title company, or controlled escrow company a
commission, compensation, or other consideration, as an inducement
for the placement or referral of title business, is guilty of
commercial bribery.
(b) For purposes of this section, commercial bribery is punishable
by imprisonment in a county jail for not more than one year, or by a
fine of ten thousand dollars ($10,000) for each unlawful
transaction, or by both a fine and imprisonment.
(c) For purposes of this section, "title business" has the same
meaning as that used in Section 12404 of the Insurance Code.
(d) This section shall not preclude prosecution under any other
law.
(e) This section shall not be construed to supersede or affect
Section 641.3. A person may be charged with a violation of this
section and Section 641.3. However, a defendant may not be punished
under this section and Section 641.3 for the same act that
constitutes a violation of both this section and Section 641.3.
641.5. (a) In any clothes cleaning establishment in which more than
one gallon of a volatile, commercially moisture-free solvent of the
chlorinated hydrocarbon type is used for dry cleaning, the
performance of all the dry cleaning, drying, and deodorizing
processes shall be completed entirely within fluid-tight machines or
apparatus vented to the open air at a point not less than eight feet
from any window or other opening and so used and operated as to
prevent the escape of fumes, gases, or vapors into workrooms or
workplaces.
(b) Except when operations are performed as provided in
subdivision (a), no person shall operate a clothes cleaning
establishment in which more than one gallon of a volatile,
commercially moisture-free solvent of the chlorinated hydrocarbon
type is used for dry cleaning except under either of the following
conditions:
(1) All of the dry cleaning, drying, and deodorizing processes are
performed in a single room or compartment designed and ventilated in
such a manner that dangerous toxic concentrations of vapors will not
accumulate in working areas.
(2) The dry cleaning processes are performed in fluid-tight
machines or apparatus designed, installed, and operated in a manner
that will prevent the escape of dangerous toxic concentrations of
vapors to the working areas.
(c) "Volatile, commercially moisture-free solvent" means either of
the following:
(1) Any commercially moisture-free liquid, volatile product or
substance having the capacity to evaporate and, during evaporation,
to generate and emit a gas or vapor.
(2) Any solvent commonly known to the clothes cleaning industry as
a "chlorinated hydrocarbon solvent."
(d) Any violation of this section is a misdemeanor.
641.6. Notwithstanding any other provision of law, no person
engaged in the business of dry cleaning shall use carbon
tetrachloride or trichlorethylene as a cleaning agent when engaged
in onsite dry cleaning. For purposes of this section, "onsite dry
cleaning" means dry cleaning which is performed in a residence or any
commercial or public building other than a clothes cleaning
establishment or plant. A violation of this section is a
misdemeanor.
642. Every person who wilfully and maliciously removes and keeps
possession of and appropriates for his own use articles of value from
a dead human body, the theft of which articles would be petty theft
is guilty of a misdemeanor, or if the theft of the articles would be
grand theft, a felony. This section shall not apply to articles
removed at the request or direction of one of the persons enumerated
in section 7111 of the Health and Safety Code.
643. No person knowingly shall dispose of fetal remains in a public
or private dump, refuse, or disposal site or place open to public
view. For the purposes of this section, "fetal remains" means the
lifeless product of conception regardless of the duration of the
pregnancy.
Any violation of this section is a misdemeanor.
645. (a) Any person guilty of a first conviction of any offense
specified in subdivision (c), where the victim has not attained 13
years of age, may, upon parole, undergo medroxyprogesterone acetate
treatment or its chemical equivalent, in addition to any other
punishment prescribed for that offense or any other provision of law,
at the discretion of the court.
(b) Any person guilty of a second conviction of any offense
specified in subdivision (c), where the victim has not attained 13
years of age, shall, upon parole, undergo medroxyprogesterone acetate
treatment or its chemical equivalent, in addition to any other
punishment prescribed for that offense or any other provision of law.
(c) This section shall apply to the following offenses:
(1) Subdivision (c) or (d) of Section 286.
(2) Paragraph (1) of subdivision (b) of Section 288.
(3) Subdivision (c) or (d) of Section 288a.
(4) Subdivision (a) or (j) of Section 289.
(d) The parolee shall begin medroxyprogesterone acetate treatment
one week prior to his or her release from confinement in the state
prison or other institution and shall continue treatments until the
Department of Corrections demonstrates to the Board of Prison Terms
that this treatment is no longer necessary.
(e) If a person voluntarily undergoes a permanent, surgical
alternative to hormonal chemical treatment for *** offenders, he or
she shall not be subject to this section.
(f) The Department of Corrections shall administer this section
and implement the protocols required by this section. Nothing in the
protocols shall require an employee of the Department of Corrections
who is a physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or the Osteopathic Initiative Act to participate
against his or her will in the administration of the provisions of
this section. These protocols shall include, but not be limited to,
a requirement to inform the person about the effect of hormonal
chemical treatment and any side effects that may result from it. A
person subject to this section shall acknowledge the receipt of this
information.
646. It is unlawful for any person with the intent, or for the
purpose of instituting a suit thereon outside of this state, to seek
or solicit the business of collecting any claim for damages for
personal injury sustained within this state, or for death resulting
therefrom, with the intention of instituting suit thereon outside of
this state, in cases where such right of action rests in a resident
of this state, or his legal representative, and is against a person,
copartnership, or corporation subject to personal service within this
state.
Any person violating any of the provisions of this section is
guilty of a misdemeanor, and is punishable by a fine of not less than
one hundred dollars ($100) nor more than one thousand dollars
($1,000), by imprisonment in the county jail not less than 30 days
nor more than six months, or by both fine and imprisonment at the
discretion of the court but within said limits.
646.5. No person shall knowingly and directly solicit employment
from any injured person or from any other person to obtain
authorization on behalf of the injured person, as an investigator to
investigate the accident or act which resulted in injury or death to
such person or damage to the property of such person. Nothing in
this section shall prohibit the soliciting of employment as an
investigator from such injured person's attorney.
Any person violating any provision of this section is guilty of a
misdemeanor.
This section shall not apply to any business agent or attorney
employed by a labor organization.
646.6. No person shall knowingly and directly solicit any injured
person, or anyone acting on behalf of any injured person, for the
sale or use of photographs relating to the accident which resulted in
the injury or death of such injured person.
Any person violating any provision of this section is guilty of a
misdemeanor. Nothing in this section shall prohibit a person, other
than a public employee acting within the scope of his or her
employment, from soliciting the injured person's attorney for the
sale or use of such photographs.
646.9. (a) Any person who willfully, maliciously, and repeatedly
follows or willfully and maliciously harasses another person and who
makes a credible threat with the intent to place that person in
reasonable fear for his or her safety, or the safety of his or her
immediate family is guilty of the crime of stalking, punishable by
imprisonment in a county jail for not more than one year, or by a
fine of not more than one thousand dollars ($1,000), or by both that
fine and imprisonment, or by imprisonment in the state prison.
(b) Any person who violates subdivision (a) when there is a
temporary restraining order, injunction, or any other court order in
effect prohibiting the behavior described in subdivision (a) against
the same party, shall be punished by imprisonment in the state prison
for two, three, or four years.
(c) (1) Every person who, after having been convicted of a felony
under Section 273.5, 273.6, or 422, commits a violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment, or
by imprisonment in the state prison for two, three, or five years.
(2) Every person who, after having been convicted of a felony
under subdivision (a), commits a violation of this section shall be
punished by imprisonment in the state prison for two, three, or five
years.
(d) In addition to the penalties provided in this section, the
sentencing court may order a person convicted of a felony under this
section to register as a *** offender pursuant to Section 290.006.
(e) For the purposes of this section, "harasses" means engages in
a knowing and willful course of conduct directed at a specific person
that seriously alarms, annoys, torments, or terrorizes the person,
and that serves no legitimate purpose.
(f) For the purposes of this section, "course of conduct" means
two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of "course of conduct."
(g) For the purposes of this section, "credible threat" means a
verbal or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically
communicated statements and conduct, made with the intent to place
the person that is the target of the threat in reasonable fear for
his or her safety or the safety of his or her family, and made with
the apparent ability to carry out the threat so as to cause the
person who is the target of the threat to reasonably fear for his or
her safety or the safety of his or her family. It is not necessary to
prove that the defendant had the intent to actually carry out the
threat. The present incarceration of a person making the threat shall
not be a bar to prosecution under this section. Constitutionally
protected activity is not included within the meaning of "credible
threat."
(h) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.
(i) This section shall not apply to conduct that occurs during
labor picketing.
(j) If probation is granted, or the execution or imposition of a
sentence is suspended, for any person convicted under this section,
it shall be a condition of probation that the person participate in
counseling, as designated by the court. However, the court, upon a
showing of good cause, may find that the counseling requirement shall
not be imposed.
(k) (1) The sentencing court also shall consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to 10 years, as determined by the court. It is the
intent of the Legislature that the length of any restraining order be
based upon the seriousness of the facts before the court, the
probability of future violations, and the safety of the victim and
his or her immediate family.
(2) This protective order may be issued by the court whether the
defendant is sentenced to state prison, county jail, or if imposition
of sentence is suspended and the defendant is placed on probation.
(l) For purposes of this section, "immediate family" means any
spouse, parent, child, any person related by consanguinity or
affinity within the second degree, or any other person who regularly
resides in the household, or who, within the prior six months,
regularly resided in the household.
(m) The court shall consider whether the defendant would benefit
from treatment pursuant to Section 2684. If it is determined to be
appropriate, the court shall recommend that the Department of
Corrections and Rehabilitation make a certification as provided in
Section 2684. Upon the certification, the defendant shall be
evaluated and transferred to the appropriate hospital for treatment
pursuant to Section 2684.
646.91. (a) Notwithstanding any other law, a judicial officer may
issue an ex parte emergency protective order where a peace officer,
as defined in Section 830.1, 830.2, or 830.32, asserts reasonable
grounds to believe that a person is in immediate and present danger
of stalking based upon the person's allegation that he or she has
been willfully, maliciously, and repeatedly followed or harassed by
another person who has made a credible threat with the intent of
placing the person who is the target of the threat in reasonable fear
for his or her safety, or the safety of his or her immediate family,
within the meaning of Section 646.9.
(b) A peace officer who requests an emergency protective order
shall reduce the order to writing and sign it.
(c) An emergency protective order shall include all of the
following:
(1) A statement of the grounds asserted for the order.
(2) The date and time the order expires.
(3) The address of the superior court for the district or county
in which the protected party resides.
(4) The following statements, which shall be printed in English
and Spanish:
(A) "To the protected person: This order will last until the date
and time noted above. If you wish to seek continuing protection,
you will have to apply for an order from the court at the address
noted above. You may seek the advice of an attorney as to any matter
connected with your application for any future court orders. The
attorney should be consulted promptly so that the attorney may assist
you in making your application."
(B) "To the restrained person: This order will last until the
date and time noted above. The protected party may, however, obtain
a more permanent restraining order from the court. You may seek the
advice of an attorney as to any matter connected with the
application. The attorney should be consulted promptly so that the
attorney may assist you in responding to the application. You may
not own, possess, purchase or receive, or attempt to purchase or
receive a firearm while this order is in effect."
(d) An emergency protective order may be issued under this section
only if the judicial officer finds both of the following:
(1) That reasonable grounds have been asserted to believe that an
immediate and present danger of stalking, as defined in Section
646.9, exists.
(2) That an emergency protective order is necessary to prevent the
occurrence or reoccurrence of the stalking activity.
(e) An emergency protective order may include either of the
following specific orders as appropriate:
(1) A harassment protective order as described in Section 527.6 of
the Code of Civil Procedure.
(2) A workplace violence protective order as described in Section
527.8 of the Code of Civil Procedure.
(f) An emergency protective order shall be issued without
prejudice to any person.
(g) An emergency protective order expires at the earlier of the
following times:
(1) The close of judicial business on the fifth court day
following the day of its issuance.
(2) The seventh calendar day following the day of its issuance.
(h) A peace officer who requests an emergency protective order
shall do all of the following:
(1) Serve the order on the restrained person, if the restrained
person can reasonably be located.
(2) Give a copy of the order to the protected person, or, if the
protected person is a minor child, to a parent or guardian of the
protected child if the parent or guardian can reasonably be located,
or to a person having temporary custody of the child.
(3) File a copy of the order with the court as soon as practicable
after issuance.
(i) A peace officer shall use every reasonable means to enforce an
emergency protective order.
(j) A peace officer who acts in good faith to enforce an emergency
protective order is not civilly or criminally liable.
(k) A peace officer who requests an emergency protective order
under this section shall carry copies of the order while on duty.
(l) A peace officer described in subdivision (a) or (b) of Section
830.32 who requests an emergency protective order pursuant to this
section shall also notify the sheriff or police chief of the city in
whose jurisdiction the peace officer's college or school is located
after issuance of the order.
(m) "Judicial officer," as used in this section, means a judge,
commissioner, or referee.
(n) A person subject to an emergency protective order under this
section shall not own, possess, purchase, or receive a firearm while
the order is in effect.
(o) Nothing in this section shall be construed to permit a court
to issue an emergency protective order prohibiting speech or other
activities that are constitutionally protected or protected by the
laws of this state or by the United States or activities occurring
during a labor dispute, as defined by Section 527.3 of the Code of
Civil Procedure, including, but not limited to, picketing and hand
billing.
(p) The Judicial Council shall develop forms, instructions, and
rules for the scheduling of hearings and other procedures established
pursuant to this section.
(q) Any intentional disobedience of any emergency protective order
granted under this section is punishable pursuant to Section 166.
Nothing in this subdivision shall be construed to prevent punishment
under Section 646.9, in lieu of punishment under this section, if a
violation of Section 646.9 is also pled and proven.
646.91a. (a) The court shall order that any party enjoined pursuant
to Section 646.91 be prohibited from taking any action to obtain the
address or location of a protected party or a protected party's
family members, caretakers, or guardian, unless there is good cause
not to make that order.
(b) The Judicial Council shall promulgate forms necessary to
effectuate this section.
646.92. (a) The Department of Corrections, county sheriff, or
director of the local department of corrections shall give notice not
less than 15 days prior to the release from the state prison or a
county jail of any person who is convicted of violating Section 646.9
or convicted of a felony offense involving domestic violence, as
defined in Section 6211 of the Family Code, or any change in the
parole status or relevant change in the parole location of the
convicted person, or if the convicted person absconds from
supervision while on parole, to any person the court identifies as a
victim of the offense, a family member of the victim, or a witness to
the offense by telephone and certified mail at his or her last known
address, upon request. A victim, family member, or witness shall
keep the Department of Corrections or county sheriff informed of his
or her current mailing address and telephone number to be entitled to
receive notice. A victim may designate another person for the
purpose of receiving notification. The Department of Corrections,
county sheriff, or director of the local department of corrections,
shall make reasonable attempts to locate a person who has requested
notification but whose address and telephone number are incorrect or
not current. However, the duty to keep the Department of Corrections
or county sheriff informed of a current mailing address and
telephone number shall remain with the victim.
Following notification by the department pursuant to Section
3058.61, in the event the victim had not originally requested
notification under this section, the sheriff or the chief of police,
as appropriate, shall make an attempt to advise the victim or, if
the victim is a minor, the parent or guardian of the victim, of the
victim's right to notification under this section.
(b) All information relating to any person who receives notice
under this section shall remain confidential and shall not be made
available to the person convicted of violating this section.
(c) For purposes of this section, "release" includes a release
from the state prison or a county jail because time has been served,
a release from the state prison or a county jail to parole or
probation supervision, or an escape from an institution or reentry
facility.
(d) The Department of Corrections or county sheriff shall give
notice of an escape from an institution or reentry facility of any
person convicted of violating Section 646.9 or convicted of a felony
offense involving domestic violence, as defined in Section 6211 of
the Family Code, to the notice recipients described in subdivision
(a).
(e) Substantial compliance satisfies the notification requirements
of subdivision (a).
646.93. (a) (1) In those counties where the arrestee is initially
incarcerated in a jail operated by the county sheriff, the sheriff
shall designate a telephone number that shall be available to the
public to inquire about bail status or to determine if the person
arrested has been released and if not yet released, the scheduled
release date, if known. This subdivision does not require a county
sheriff or jail administrator to establish a new telephone number but
shall require that the information contained on the victim resource
card, as defined in Section 264.2, specify the phone number that a
victim should call to obtain this information. This subdivision
shall not require the county sheriff or municipal police departments
to produce new victim resource cards containing a designated phone
number for the public to inquire about the bail or custody status of
a person who has been arrested until their existing supply of victim
resource cards has been exhausted.
(2) In those counties where the arrestee is initially incarcerated
in an incarceration facility other than a jail operated by the
county sheriff and in those counties that do not operate a Victim
Notification (VNE) system, a telephone number shall be available to
the public to inquire about bail status or to determine if the person
arrested has been released and if not yet released, the scheduled
release date, if known. This subdivision does not require a
municipal police agency or jail administrator to establish a new
telephone number but shall require that the information contained on
the victim resource card, as defined in Section 264.2, specify the
phone number that a victim should call to obtain this information.
This subdivision shall not require the county sheriff or municipal
police departments to produce new victim resource cards containing a
designated phone number for the public to inquire about the bail or
custody status of a person who has been arrested until their existing
supply of victim resource cards has been exhausted.
(3) If an arrestee is transferred to another incarceration
facility and is no longer in the custody of the initial arresting
agency, the transfer date and new incarceration location shall be
made available through the telephone number designated by the
arresting agency.
(4) The resource card provided to victims pursuant to Section
264.2 shall list the designated telephone numbers to which this
section refers.
(b) Any request to lower bail shall be heard in open court in
accordance with Section 1270.1. In addition, the prosecutor shall
make all reasonable efforts to notify the victim or victims of the
bail hearing. The victims may be present at the hearing and shall be
permitted to address the court on the issue of bail.
(c) Unless good cause is shown not to impose the following
conditions, the judge shall impose as additional conditions of
release on bail that:
(1) The defendant shall not initiate contact in person, by
telephone, or any other means with the alleged victims.
(2) The defendant shall not knowingly go within 100 yards of the
alleged victims, their residence, or place of employment.
(3) The defendant shall not possess any firearms or other deadly
or dangerous weapons.
(4) The defendant shall obey all laws.
(5) The defendant, upon request at the time of his or her
appearance in court, shall provide the court with an address where he
or she is residing or will reside, a business address and telephone
number if employed, and a residence telephone number if the defendant'
s residence has a telephone.
A showing by declaration that any of these conditions are violated
shall, unless good cause is shown, result in the issuance of a
no-bail warrant.
646.94. (a) Contingent upon a Budget Act appropriation, the
Department of Corrections shall ensure that any parolee convicted of
violating Section 646.9 on or after January 1, 2002, who is deemed to
pose a high risk of committing a repeat stalking offense be placed
on an intensive and specialized parole supervision program for a
period not to exceed the period of parole.
(b) (1) The program shall include referral to specialized
services, for example substance abuse treatment, for offenders
needing those specialized services.
(2) Parolees participating in this program shall be required to
participate in relapse prevention classes as a condition of parole.
(3) Parole agents may conduct group counseling sessions as part of
the program.
(4) The department may include other appropriate offenders in the
treatment program if doing so facilitates the effectiveness of the
treatment program.
(c) The program shall be established with the assistance and
supervision of the staff of the department primarily by obtaining the
services of mental health providers specializing in the treatment of
stalking patients. Each parolee placed into this program shall be
required to participate in clinical counseling programs aimed at
reducing the likelihood that the parolee will commit or attempt to
commit acts of violence or stalk their victim.
(d) The department may require persons subject to this section to
pay some or all of the costs associated with this treatment, subject
to the person's ability to pay. "Ability to pay" means the overall
capability of the person to reimburse the costs, or a portion of the
costs, of providing mental health treatment, and shall include, but
shall not be limited to, consideration of all of the following
factors:
(1) Present financial position.
(2) Reasonably discernible future financial position.
(3) Likelihood that the person shall be able to obtain employment
after the date of parole.
(4) Any other factor or factors that may bear upon the person's
financial capability to reimburse the department for the costs.
(e) For purposes of this section, a mental health provider
specializing in the treatment of stalking patients shall meet all of
the following requirements:
(1) Be a licensed clinical social worker, as defined in Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code, a clinical psychologist, as defined in
Section 1316.5 of the Health and Safety Code, or a physician and
surgeon engaged in the practice of psychiatry.
(2) Have clinical experience in the area of assessment and
treatment of stalking patients.
(3) Have two letters of reference from professionals who can
attest to the applicant's experience in counseling stalking patients.
(f) The program shall target parolees convicted of violating
Section 646.9 who meet the following conditions:
(1) The offender has been subject to a clinical assessment.
(2) A review of the offender's criminal history indicates that the
offender poses a high risk of committing further acts of stalking or
acts of violence against his or her victim or other persons upon his
or her release on parole.
(3) The parolee, based on his or her clinical assessment, may be
amenable to treatment.
(g) On or before January 1, 2006, the Department of Corrections
shall evaluate the intensive and specialized parole supervision
program and make a report to the Legislature regarding the results of
the program, including, but not limited to, the recidivism rate for
repeat stalking related offenses committed by persons placed into the
program and a cost-benefit analysis of the program.
(h) This section shall become operative upon the appropriation of
sufficient funds in the Budget Act to implement this section.
647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
act. As used in this subdivision, "prostitution" includes any lewd
act between persons for money or other consideration.
(c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. No person who has been placed in civil protective
custody shall thereafter be subject to any criminal prosecution or
juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
(j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, or camcorder, the interior of a bedroom, bathroom,
changing room, fitting room, dressing room, or tanning booth, or the
interior of any other area in which the occupant has a reasonable
expectation of privacy, with the intent to invade the privacy of a
person or persons inside. This subdivision shall not apply to those
areas of a private business used to count currency or other
negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or ***ual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
(3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
(B) Neither of the following is a defense to the crime specified
in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(k) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in a county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in a county jail for at least 45 days. In no event
does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in
confinement in a county jail.
In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more times
of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subdivision from the
obligation of spending at least 90 days in confinement in a county
jail.
In addition to any punishment prescribed by this section, a court
may suspend, for not more than 30 days, the privilege of the person
to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle
Code for any violation of subdivision (b) that was committed within
1,000 feet of a private residence and with the use of a vehicle. In
lieu of the suspension, the court may order a person's privilege to
operate a motor vehicle restricted, for not more than six months, to
necessary travel to and from the person's place of employment or
education. If driving a motor vehicle is necessary to perform the
duties of the person's employment, the court may also allow the
person to drive in that person's scope of employment.
647.1. In addition to any fine assessed under Section 647, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates subdivision (a) or (b) of Section 647, or, if
the offense involves intravenous use of a controlled substance,
subdivision (f) of Section 647, with the proceeds of this fine to be
used in accordance with Section 1463.23.
The court shall, however, take into consideration the defendant's
ability to pay and no defendant shall be denied probation because of
his or her inability to pay the fine permitted under this section.
647.2. If a person is convicted of a violation of subdivision (f)
of Section 647 and is granted probation, the court may order, with
the consent of the defendant, as a term and condition of probation,
in addition to any other term and condition required or authorized by
law, that the defendant participate in the program prescribed in
Section 23509 of the Vehicle Code.
647.6. (a) (1) Every person who annoys or molests any child under
18 years of age shall be punished by a fine not exceeding five
thousand dollars ($5,000), by imprisonment in a county jail not
exceeding one year, or by both the fine and imprisonment.
(2) Every person who, motivated by an unnatural or abnormal ***ual
interest in children, engages in conduct with an adult whom he or
she believes to be a child under 18 years of age, which conduct, if
directed toward a child under 18 years of age, would be a violation
of this section, shall be punished by a fine not exceeding five
thousand dollars ($5,000), by imprisonment in a county jail for up to
one year, or by both that fine and imprisonment.
(b) Every person who violates this section after having entered,
without consent, an inhabited dwelling house, or trailer coach as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, shall be punished by imprisonment in the state
prison, or in a county jail not exceeding one year, and by a fine
not exceeding five thousand dollars ($5,000).
(c) (1) Every person who violates this section shall be punished
upon the second and each subsequent conviction by imprisonment in the
state prison.
(2) Every person who violates this section after a previous felony
conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or
289, any of which involved a minor under 16 years of age, or a
previous felony conviction under this section, a conviction under
Section 288, or a felony conviction under Section 311.4 involving a
minor under 14 years of age shall be punished by imprisonment in the
state prison for two, four, or six years.
(d) (1) In any case in which a person is convicted of violating
this section and probation is granted, the court shall require
counseling as a condition of probation, unless the court makes a
written statement in the court record, that counseling would be
inappropriate or ineffective.
(2) In any case in which a person is convicted of violating this
section, and as a condition of probation, the court prohibits the
defendant from having contact with the victim, the court order
prohibiting contact shall not be modified except upon the request of
the victim and a finding by the court that the modification is in the
best interest of the victim. As used in this paragraph, "contact
with the victim" includes all physical contact, being in the presence
of the victim, communication by any means, any communication by a
third party acting on behalf of the defendant, and any gifts.
(e) Nothing in this section prohibits prosecution under any other
provision of law.
647.7. (a) In any case in which a person is convicted of violating
subdivision (i) or (k) of Section 647, the court may require
counseling as a condition of probation. Any defendant so ordered to
be placed in a counseling program shall be responsible for paying the
expense of his or her participation in the counseling program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.
(b) Every person who, having been convicted of violating
subdivision (i) or (k) of Section 647, commits a second or subsequent
violation of subdivision (i) or (k) of Section 647, shall be
punished by imprisonment in a county jail not exceeding one year, by
a fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment, except as provided in subdivision (c).
(c) Every person who, having been previously convicted of
violating subdivision (i) or (k) of Section 647, commits a violation
of paragraph (3) of subdivision (k) of Section 647 regardless of
whether it is a first, second, or subsequent violation of that
paragraph, shall be punished by imprisonment in a county jail not
exceeding one year, by a fine not exceeding five thousand dollars
($5,000), or by both that fine and imprisonment.
647a. (a) Any peace officer, as defined in subdivision (a) of
Section 830.1 or Section 830.31, 830.32, or 830.33, may transport any
person, as quickly as is feasible, to the nearest homeless shelter,
or any runaway youth or youth in crisis to the nearest runaway
shelter, if the officer inquires whether the person desires the
transportation, and the person does not object to the transportation.
Any officer exercising due care and precaution shall not be liable
for any damages or injury incurred during transportation.
(b) Notwithstanding any other provision of law, this section shall
become operative in a county only if the board of supervisors adopts
the provisions of this section by ordinance. The ordinance shall
include a provision requiring peace officers to determine the
availability of space at the nearest homeless or runaway shelter
prior to transporting any person.
647b. Every person who loiters about any school in which adults are
in attendance at courses established pursuant to Chapter 10
(commencing with Section 52500) of Part 28 of the Education Code, and
who annoys or molests any person in attendance therein shall be
punished by a fine of not exceeding one thousand dollars ($1,000) or
by imprisonment in the county jail for not exceeding six months, or
by both such fine and imprisonment.
647c. Every person who willfully and maliciously obstructs the free
movement of any person on any street, sidewalk, or other public
place or on or in any place open to the public is guilty of a
misdemeanor.
Nothing in this section affects the power of a county or a city to
regulate conduct upon a street, sidewalk, or other public place or
on or in a place open to the public.
647d. (a) Notwithstanding any other provision of law, subdivision
(b) shall become operative in a county only if the board of
supervisors adopts the provisions of subdivision (b) by ordinance
after a finding that sufficient alcohol treatment and recovery
facilities exist or will exist to accommodate the persons described
in that subdivision.
(b) In any accusatory pleading charging a violation of subdivision
(f) of Section 647, if the defendant has been previously convicted
two or more times of a violation of subdivision (f) of Section 647
within the previous 12 months, each such previous conviction shall be
charged in the accusatory pleading. If two or more of the previous
convictions are found to be true by the jury, upon a jury trial, or
by the court, upon a court trial, or are admitted by the defendant,
the defendant shall be imprisoned in the county jail for a period of
not less than 90 days. The trial court may grant probation or
suspend the execution of sentence imposed upon the defendant if the
court, as a condition of the probation or suspension, orders the
defendant to spend 60 days in an alcohol treatment and recovery
program in a facility which, as a minimum, meets the standards
described in the guidelines for alcoholic recovery home programs
issued by the Division of Alcohol Programs of the Department of
Alcohol and Drug Abuse.
(c) The provisions of Section 4019 shall apply to the conditional
attendance of an alcohol treatment and recovery program described in
subdivision (b).
647e. (a) A city, county, or city and county may by local ordinance
provide that no person who has in his or her possession any bottle,
can or other receptacle containing any alcoholic beverage which has
been opened, or a seal broken, or the contents of which have been
partially removed, shall enter, be, or remain on the posted premises
of, including the posted parking lot immediately adjacent to, any
retail package off-sale alcoholic beverage licensee licensed pursuant
to Division 9 (commencing with Section 23000) of the Business and
Professions Code, or on any public sidewalk immediately adjacent to
the licensed and posted premises. Any person violating any provision
of such an ordinance shall be guilty of an infraction.
(b) As used in subdivision (a), "posted premises" means those
premises which are subject to licensure under any retail package
off-sale alcoholic beverage license, the parking lot immediately
adjacent to the licensed premises and any public sidewalk immediately
adjacent to the licensed premises on which clearly visible notices
indicate to the patrons of the licensee and parking lot and to
persons on the public sidewalk, that the provisions of subdivision
(a) are applicable. Any local ordinance adopted pursuant to this
section shall require posting of the premises.
(c) The provisions of this section shall not apply to a private
residential parking lot which is immediately adjacent to the posted
premises.
Nothing in this section shall affect the power of a county or a
city, or city and county, to regulate the possession of an opened
alcoholic beverage in any public place or in a place open to the
public.
647f. In any accusatory pleading charging a violation of
subdivision (b) of Section 647, if the defendant has been previously
convicted one or more times of a violation of that subdivision or of
any other offense listed in subdivision (d) of Section 1202.1, and in
connection with one or more of those convictions a blood test was
administered pursuant to Section 1202.1 or 1202.6 with positive test
results, of which the defendant was informed, the previous conviction
and positive blood test results, of which the defendant was
informed, shall be charged in the accusatory pleading. If the
previous conviction and informed test results are found to be true by
the trier of fact or are admitted by the defendant, the defendant is
guilty of a felony.
648. Every person who makes, issues, or puts in circulation any
bill, check, ticket, certificate, promissory note, or the paper of
any bank, to circulate as money, except as authorized by the laws of
the United States, for the first offense, is guilty of a misdemeanor,
and for each and every subsequent offense, is guilty of felony.
648a. (a) Every person who has in his or her possession for any
illegal purpose or who makes, sells, issues, or puts in circulation
any slug or token that does not conform to the limitations on size,
shape, weight, construction, and use specified in subdivision (b) is
guilty of a misdemeanor. The term "slug" and the term "token," as
used in this section, mean any piece of metal or other material not a
coin of the United States or a foreign country. However, tokens
sold by and accepted as fares by electric railways and lettered
checks having a returnable trade value shall not be subject to the
provisions of this section.
(b) (1) The slug or token shall either be clearly identified with
the name and location of the establishment from which it originates
on at least one side or shall contain an identifying mark or logo
that clearly indicates the identity of the manufacturer.
(2) The slug or token shall not be within any of the following
diameter ranges in inches:
(A) 0.680-0.775.
(B) 0.810-0.860.
(C) 0.910-0.980.
(D) 1.018-1.068.
(E) 1.180-1.230.
(F) 1.475-1.525.
(3) The slug or token shall not be manufactured from a
three-layered material consisting of a copper-nickel alloy clad on
both sides of a pure core, nor from a copper-based material except if
the total of zinc, nickel, aluminum, magnesium, and other alloying
materials is at least 20 percent of the token's weight.
(4) The slug or token shall not possess sufficient magnetic
properties so as to be accepted by a coin mechanism.
(5) The design on the slug or token shall not resemble any current
or past foreign or United States coinage.
(6) Establishments using these slugs or tokens shall prominently
and conspicuously post signs on their premises notifying patrons that
federal law prohibits the use of the slugs or tokens outside the
premises for any monetary purpose.
(7) The issuing establishment shall not accept slugs or tokens as
payment for any goods or services offered by the establishment with
the exception of the specific use for which the slugs or tokens were
designed.
649. Any person engaged in the transportation of persons by taxicab
or other means of conveyance who knowingly misdirects a prospective
guest of any hotel, inn, boardinghouse or lodginghouse or knowingly
takes such a prospective guest to a hotel, inn, boardinghouse or
lodginghouse different from that of his instructions from such
prospective guest is guilty of a misdemeanor.
649a. Any person engaged in the operation of any hotel, inn,
boardinghouse or lodginghouse who pays another any compensation for
inducing or attempting to induce, by false statement or
misrepresentation, prospective guests of a given hotel, inn,
boardinghouse or lodginghouse to enter, lodge at or become a guest of
any other hotel, inn, boardinghouse or lodginghouse is guilty of a
misdemeanor.
651. It is a misdemeanor for any person to buy, receive, sell, give
away, dispose of, exchange or barter any Federal order stamps except
for the foods or cotton goods for which they are issued.
This section does not apply to any person buying, receiving,
selling, giving away, disposing of, exchanging or bartering any
Federal order stamps subsequent to the redemption of such stamps in
the manner provided by State or Federal law for the foods or cotton
goods for which they are issued.
As used in this section, Federal order stamps refers to stamps
issued by the United States Department of Agriculture or its duly
authorized agent for food and surplus food or cotton and surplus
cotton.
652. (a) It shall be an infraction for any person to perform or
offer to perform body piercing upon a person under the age of 18
years, unless the body piercing is performed in the presence of, or
as directed by a notarized writing by, the person's parent or
guardian.
(b) This section does not apply to the body piercing of an
emancipated minor.
(c) As used in this section, "body piercing" means the creation of
an opening in the body of a human being for the purpose of inserting
jewelry or other decoration, including, but not limited to, the
piercing of a lip, tongue, nose, or eyebrow. "Body piercing" does not
include the piercing of an ear.
(d) Neither the minor upon whom the body piercing was performed,
nor the parent or guardian of that minor, nor any other minor is
liable for punishment under this section.
653. Every person who tattoos or offers to tattoo a person under
the age of 18 years is guilty of a misdemeanor.
As used in this section, to "tattoo" means to insert pigment under
the surface of the skin of a human being, by pricking with a needle
or otherwise, so as to produce an indelible mark or figure visible
through the skin.
This section is not intended to apply to any act of a licensed
practitioner of the healing arts performed in the course of his
practice.
653b. (a) Except as provided in subdivision (b), every person who
loiters about any school or public place at or near which children
attend or normally congregate and who remains at any school or public
place at or near which children attend or normally congregate, or
who reenters or comes upon a school or place within 72 hours, after
being asked to leave by the chief administrative official of that
school or, in the absence of the chief administrative official, the
person acting as the chief administrative official, or by a member of
the security patrol of the school district who has been given
authorization, in writing, by the chief administrative official of
that school to act as his or her agent in performing this duty, or a
city police officer, or sheriff or deputy sheriff, or Department of
the California Highway Patrol peace officer is a vagrant, and is
punishable by a fine of not exceeding one thousand dollars ($1,000)
or by imprisonment in the county jail for not exceeding six months,
or by both the fine and the imprisonment.
(b) Every person required to register as a *** offender who
violates subdivision (a) shall be punished as follows:
(1) Upon a first conviction, by a fine not exceeding two thousand
($2,000), by imprisonment in a county jail for a period of not more
than six months, or by both that fine and imprisonment.
(2) If the defendant has been previously convicted once of a
violation of this section or former Section 653g, by imprisonment in
a county jail for a period of not less than 10 days or more than six
months, or by both imprisonment and a fine of not exceeding two
thousand dollars ($2,000), and shall not be released on probation,
parole, or any other basis until he or she has served at least 10
days.
(3) If the defendant has been previously convicted two or more
times of a violation of this section or former Section 653g, by
imprisonment in a county jail for a period of not less than 90 days
or more than six months, or by both imprisonment and a fine of not
exceeding two thousand dollars ($2,000), and shall not be released on
probation, parole, or any other basis until he or she has served at
least 90 days.
(c) As used in this section, "loiter" means to delay, to linger,
or to idle about a school or public place without lawful business for
being present.
(d) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.
653c. (a) No person required to register as a *** offender pursuant
to Section 290 for an offense committed against an elder or
dependent adult, as defined in Section 368, other than a resident of
the facility, shall enter or remain on the grounds of a day care or
residential facility where elders or dependent adults are regularly
present or living, without having registered with the facility
administrator or his or her designees, except to proceed
expeditiously to the office of the facility administrator or designee
for the purpose of registering.
(b) In order to register pursuant to subdivision (a), a ***
offender shall advise the facility administrator or designee that he
or she is a *** offender; provide his or her name, address, and
purpose for entering the facility; and provide proof of identity.
(c) The facility administrator may refuse to register, impose
restrictions on registration, or revoke the registration of a ***
offender if he or she has a reasonable basis for concluding that the
offender's presence or acts would disrupt, or have disrupted, the
facility, any resident, employee, volunteer, or visitor; would
result, or has resulted, in damage to property; the offender's
presence at the facility would interfere, or has interfered, with the
peaceful conduct of the activities of the facility; or would
otherwise place at risk the facility, or any employee, volunteer or
visitor.
(d) Punishment for any violation of this section shall be as
follows:
(1) Upon a first conviction by a fine of not exceeding two
thousand dollars ($2,000), by imprisonment in a county jail for a
period of not more than six months, or by both that fine and
imprisonment.
(2) If the defendant has been previously convicted once of a
violation of this section, by imprisonment in a county jail for a
period of not less than 10 days or more than six months, or by both
imprisonment and a fine of not exceeding two thousand dollars
($2,000), and shall not be released on probation, parole, or any
other basis until he or she has served at least 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of this section, by imprisonment in a county
jail for a period of not less than 90 days or more than six months,
or by both imprisonment and a fine of not exceeding two thousand
dollars ($2,000), and shall not be released on probation, parole, or
any other basis until he or she has served at least 90 days.
(e) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.
653d. Every person who sells machinery used or to be used for
mining purposes who fails to give to the buyer, at the time of sale,
a bill of sale for the machinery, or who fails to keep a written
record of the sale, giving the date thereof, describing the
machinery, and showing the name and address of the buyer, and every
buyer of such machinery, if in this State, who fails to keep a record
of his purchase of such machinery, giving the name and address of
the seller, describing the machinery, and showing the date of the
purchase, is guilty of a misdemeanor.
653f. (a) Every person who, with the intent that the crime be
committed, solicits another to offer, accept, or join in the offer or
acceptance of a bribe, or to commit or join in the commission of
carjacking, robbery, burglary, grand theft, receiving stolen
property, extortion, perjury, subornation of perjury, forgery,
kidnapping, arson or assault with a deadly weapon or instrument or by
means of force likely to produce great bodily injury, or, by the use
of force or a threat of force, to prevent or dissuade any person who
is or may become a witness from attending upon, or testifying at,
any trial, proceeding, or inquiry authorized by law, shall be
punished by imprisonment in a county jail for not more than one year
or in the state prison, or by a fine of not more than ten thousand
dollars ($10,000), or the amount which could have been assessed for
commission of the offense itself, whichever is greater, or by both
the fine and imprisonment.
(b) Every person who, with the intent that the crime be committed,
solicits another to commit or join in the commission of murder shall
be punished by imprisonment in the state prison for three, six, or
nine years.
(c) Every person who, with the intent that the crime be committed,
solicits another to commit rape by force or violence, sodomy by
force or violence, oral copulation by force or violence, or any
violation of Section 264.1, 288, or 289, shall be punished by
imprisonment in the state prison for two, three, or four years.
(d) Every person who, with the intent that the crime be committed,
solicits another to commit an offense specified in Section 11352,
11379, 11379.5, 11379.6, or 11391 of the Health and Safety Code shall
be punished by imprisonment in a county jail not exceeding six
months. Every person, who, having been convicted of soliciting
another to commit an offense specified in this subdivision, is
subsequently convicted of the proscribed solicitation, shall be
punished by imprisonment in a county jail not exceeding one year, or
in the state prison.
This subdivision does not apply where the term of imprisonment
imposed under other provisions of law would result in a longer term
of imprisonment.
(e) Every person who, with the intent that the crime be committed,
solicits another to commit an offense specified in Section 14014 of
the Welfare and Institutions Code shall be punished by imprisonment
in a county jail for not exceeding six months. Every person who,
having been convicted of soliciting another to commit an offense
specified in this subdivision, is subsequently convicted of the
proscribed solicitation, shall be punished by imprisonment in a
county jail not exceeding one year, or in the state prison.
(f) An offense charged in violation of subdivision (a), (b), or
(c) shall be proven by the testimony of two witnesses, or of one
witness and corroborating circumstances. An offense charged in
violation of subdivision (d) or (e) shall be proven by the testimony
of one witness and corroborating circumstances.
653h. (a) Every person is guilty of a public offense punishable as
provided in subdivisions (b) and (c), who:
(1) Knowingly and willfully transfers or causes to be transferred
any sounds that have been recorded on a phonograph record, disc,
wire, tape, film or other article on which sounds are recorded, with
intent to sell or cause to be sold, or to use or cause to be used for
commercial advantage or private financial gain through public
performance, the article on which the sounds are so transferred,
without the consent of the owner.
(2) Transports for monetary or like consideration within this
state or causes to be transported within this state any such article
with the knowledge that the sounds thereon have been so transferred
without the consent of the owner.
(b) Any person who has been convicted of a violation of
subdivision (a), shall be punished by imprisonment in the county jail
not to exceed one year, by imprisonment in the state prison for two,
three, or five years, or by a fine not to exceed two hundred fifty
thousand dollars ($250,000), or by both, if the offense involves the
transfer or transportation, or conduct causing that transfer or
transportation, of not less than 1,000 of the articles described in
subdivision (a).
(c) Any person who has been convicted of any other violation of
subdivision (a) not described in subdivision (b), shall be punished
by imprisonment in the county jail not to exceed one year, or by a
fine of not more than twenty-five thousand dollars ($25,000), or by
both. A second or subsequent conviction under subdivision (a) not
described in subdivision (b) shall be punished by imprisonment in the
state prison or by a fine not to exceed one hundred thousand dollars
($100,000), or by both.
(d) Every person who offers for sale or resale, or sells or
resells, or causes the sale or resale, or rents, or possesses for
these purposes, any article described in subdivision (a) with
knowledge that the sounds thereon have been so transferred without
the consent of the owner is guilty of a public offense.
(1) A violation of subdivision (d) involving not less than 100 of
those articles shall be punishable by imprisonment in a county jail
not to exceed one year or by a fine not to exceed ten thousand
dollars ($10,000), or by both. A second or subsequent conviction for
the conduct described in this paragraph shall be punishable by
imprisonment in the county jail not to exceed one year or in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), or by both.
(2) A person who has been convicted of any violation of this
subdivision not described in paragraph (1) shall be punished by
imprisonment in the county jail not to exceed six months or by a fine
not to exceed five thousand dollars ($5,000), or by both. A second
conviction for the conduct described in this paragraph shall be
punishable by imprisonment in the county jail not to exceed one year
or by a fine not to exceed ten thousand dollars ($10,000), or by
both. A third or subsequent conviction for the conduct described in
this paragraph shall be punishable by imprisonment in the county jail
not to exceed one year or in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.
(e) As used in this section, "person" means any individual,
partnership, partnership's member or employee, corporation, limited
liability company, association or corporation or association
employee, officer or director; "owner" means the person who owns the
original master recording embodied in the master phonograph record,
master disc, master tape, master film or other article used for
reproducing recorded sounds on phonograph records, discs, tapes,
films or other articles on which sound is or can be recorded, and
from which the transferred recorded sounds are directly or indirectly
derived; and "master recording" means the original fixation of
sounds upon a recording from which copies can be made.
(f) This section shall neither enlarge nor diminish the right of
parties in private litigation.
(g) This section does not apply to any person engaged in radio or
television broadcasting who transfers, or causes to be transferred,
any such sounds (other than from the sound track of a motion picture)
intended for, or in connection with broadcast transmission or
related uses, or for archival purposes.
(h) This section does not apply to any not-for-profit educational
institution or any federal or state governmental entity, if the
institution or entity has as a primary purpose the advancement of the
public's knowledge and the dissemination of information regarding
America's musical cultural heritage, provided that this purpose is
clearly set forth in the institution's or entity's charter, bylaws,
certificate of incorporation, or similar document, and the
institution or entity has, prior to the transfer, made a good faith
effort to identify and locate the owner or owners of the sound
recordings to be transferred and, provided that the owner or owners
could not be and have not been located. Nothing in this section
shall be construed to relieve an institution or entity of its
contractual or other obligation to compensate the owners of sound
recordings to be transferred. In order to continue the exemption
permitted by this subdivision, the institution or entity shall make
continuing efforts to locate such owners and shall make an annual
public notice of the fact of the transfers in newspapers of general
circulation serving the jurisdictions where the owners were
incorporated or doing business at the time of initial affixations.
The institution or entity shall keep on file a record of the efforts
made to locate such owners for inspection by appropriate governmental
agencies.
(i) This section applies only to such articles that were initially
mastered prior to February 15, 1972.
653i. Any person who is involved in a skiing accident and who
leaves the scene of the accident knowing or having reason to believe
that any other person involved in the accident is in need of medical
and other assistance, except to notify the proper authorities or to
obtain assistance, shall be guilty of an infraction punishable by
fine not exceeding one thousand dollars ($1,000).
653j. (a) Every person 18 years of age or older who, in any
voluntary manner, solicits, induces, encourages, or intimidates any
minor with the intent that the minor shall commit a felony in
violation of paragraph (1) of subdivision (c) of Section 136.1 or
Section 187, 211, 215, 245, 246, 451, 459, or 520 of the Penal Code,
or Section 10851 of the Vehicle Code, shall be punished by
imprisonment in the state prison for a period of three, five, or
seven years. If the minor is 16 years of age or older at the time of
the offense, this section shall only apply when the adult is at
least five years older than the minor at the time the offense is
committed.
(b) In no case shall the court impose a sentence pursuant to
subdivision (a) which exceeds the maximum penalty prescribed for the
felony offense for which the minor was solicited, induced,
encouraged, or intimidated to commit.
(c) Whenever a sentence is imposed under subdivision (a), the
court shall consider the severity of the underlying crime as one of
the circumstances in aggravation.
653k. Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.
For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.
653m. (a) Every person who, with intent to annoy, telephones or
makes contact by means of an electronic communication device with
another and addresses to or about the other person any obscene
language or addresses to the other person any threat to inflict
injury to the person or property of the person addressed or any
member of his or her family, is guilty of a misdemeanor. Nothing in
this subdivision shall apply to telephone calls or electronic
contacts made in good faith.
(b) Every person who makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
intent to annoy another person at his or her residence, is, whether
or not conversation ensues from making the telephone call or
electronic contact, guilty of a misdemeanor. Nothing in this
subdivision shall apply to telephone calls or electronic contacts
made in good faith.
(c) Every person who makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
the intent to annoy another person at his or her place of work is
guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
Nothing in this subdivision shall apply to telephone calls or
electronic contacts made in good faith. This subdivision applies
only if one or both of the following circumstances exist:
(1) There is a temporary restraining order, an injunction, or any
other court order, or any combination of these court orders, in
effect prohibiting the behavior described in this section.
(2) The person makes repeated telephone calls or makes repeated
contact by means of an electronic communication device with the
intent to annoy another person at his or her place of work, totaling
more than 10 times in a 24-hour period, whether or not conversation
ensues from making the telephone call or electronic contact, and the
repeated telephone calls or electronic contacts are made to the
workplace of an adult or fully emancipated minor who is a spouse,
former spouse, cohabitant, former cohabitant, or person with whom the
person has a child or has had a dating or engagement relationship or
is having a dating or engagement relationship.
(d) Any offense committed by use of a telephone may be deemed to
have been committed where the telephone call or calls were made or
received. Any offense committed by use of an electronic
communication device or medium, including the Internet, may be deemed
to have been committed when the electronic communication or
communications were originally sent or first viewed by the recipient.
(e) Subdivision (a), (b), or (c) is violated when the person
acting with intent to annoy makes a telephone call requesting a
return call and performs the acts prohibited under subdivision (a),
(b), or (c) upon receiving the return call.
(f) If probation is granted, or the execution or imposition of
sentence is suspended, for any person convicted under this section,
the court may order as a condition of probation that the person
participate in counseling.
(g) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.
653n. Any person who installs or who maintains after April 1, 1970,
any two-way mirror permitting observation of any restroom, toilet,
bathroom, washroom, shower, locker room, fitting room, motel room, or
hotel room, is guilty of a misdemeanor.
This section does not apply to such areas (a) in state or local
public penal, correctional, custodial, or medical institutions which
are used by, or for the treatment of, persons who are committed or
voluntarily confined to such institutions or voluntarily receive
treatment therein; (b) in private custodial or medical institutions,
which are used by, or for the treatment of, persons who are committed
or voluntarily confined to such institutions or voluntarily receive
treatment therein; (c) in public or private treatment facilities
which are used by, or for the treatment of, persons who are committed
or voluntarily confined to such facilities or voluntarily receive
treatment therein; (d) in buildings operated by state or local law
enforcement agencies; or (e) in public or private educational
institutions.
"Two-way mirror" as used in this section means a mirror or other
surface which permits any person on one side thereof to see through
it under certain conditions of lighting, while any person on the
other side thereof or other surface at that time can see only the
usual mirror or other surface reflection.
653o. (a) It is unlawful to import into this state for commercial
purposes, to possess with intent to sell, or to sell within the
state, the dead body, or any part or product thereof, of any polar
bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf
(Canis lupus), zebra, whale, cobra, python, sea turtle, colobus
monkey, kangaroo, vicuna, sea otter, free-roaming feral horse,
dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
(b) Commencing January 1, 2010, it shall be unlawful to import
into this state for commercial purposes, to possess with intent to
sell, or to sell within the state, the dead body, or any part or
product thereof, of any crocodile or alligator.
(c) (1) This section shall not apply to kangaroos that may be
harvested lawfully under Australian national and state law, the
federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.),
and applicable international conventions, provided that the
Department of Fish and Game is annually informed by the Australian
government that the commercial harvest of kangaroos in any future
year will not exceed the official quota established for 2007 or the
lawful take of kangaroos in each subsequent year, whichever is the
lesser.
(2) If the department fails to receive the report described in
paragraph (1), the department shall inform the Australian national
government that future importation of kangaroos that otherwise may be
harvested lawfully under Australian national and state law, the
federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.),
and applicable international conventions shall be halted and their
importation into this state for commercial purposes, possession with
intent to sell, or sale within the state will be subject to the
provisions of this section.
(d) Any person who violates any provision of this section is
guilty of a misdemeanor and shall be subject to a fine of not less
than one thousand dollars ($1,000) and not to exceed five thousand
dollars ($5,000) or imprisonment in the county jail not to exceed six
months, or both fine and imprisonment, for each violation.
(e) The prohibitions against importation for commercial purposes,
possession with intent to sell, and sale of the species listed in
this section are severable. A finding of the invalidity of any one or
more prohibitions shall not affect the validity of any remaining
prohibitions.
(f) This section shall remain in effect only until January 1, 2011,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends that date.
653o. (a) It is unlawful to import into this state for commercial
purposes, to possess with intent to sell, or to sell within the
state, the dead body, or any part or product thereof, of any polar
bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf
(Canis lupus), zebra, whale, cobra, python, sea turtle, colobus
monkey, kangaroo, vicuna, sea otter, free-roaming feral horse,
dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
(b) Commencing January 1, 2010, it shall be unlawful to import
into this state for commercial purposes, to possess with intent to
sell, or to sell within the state, the dead body, or any part or
product thereof, of any crocodile or alligator.
(c) Any person who violates any provision of this section is
guilty of a misdemeanor and shall be subject to a fine of not less
than one thousand dollars ($1,000) and not to exceed five thousand
dollars ($5,000) or imprisonment in the county jail not to exceed six
months, or both the fine and imprisonment, for each violation.
(d) The prohibitions against importation for commercial purposes,
possession with intent to sell, and sale of the species listed in
this section are severable. A finding of the invalidity of any one or
more prohibitions shall not affect the validity of any remaining
prohibitions.
(e) This section shall become operative on January 1, 2011.
653p. It is unlawful to possess with the intent to sell, or to
sell, within the state, the dead body, or any part or product
thereof, of any species or subspecies of any fish, bird, mammal,
amphibian, reptile, mollusk, invertebrate, or plant, the importation
of which is illegal under the Federal Endangered Species Act of 1973
(Title 16, United States Code Sec. 1531 et seq.) and subsequent
amendments, or under the Marine Mammal Protection Act of 1972 (Title
16, United States Code Sec. 1361 et seq.), or which is listed in the
Federal Register by the Secretary of the Interior pursuant to the
above acts. The violation of any federal regulations adopted pursuant
to the above acts shall also be deemed a violation of this section
and shall be prosecuted by the appropriate state or local officials.
653q. It is unlawful to import into this state for commercial
purposes, to possess with intent to sell, or to sell within the
state, the dead body, or any part or product thereof, of any seal.
Any person who violates any provision of this section is guilty of
a misdemeanor and shall be subject to a fine of not less than one
thousand dollars ($1,000) and not to exceed five thousand dollars
($5,000) or imprisonment in the county jail for not to exceed six
months, or both such fine and imprisonment, for each violation.
653r. Notwithstanding the provisions of Section 3 of Chapter 1557
of the Statutes of 1970, it shall be unlawful to possess with intent
to sell, or to sell, within this state, after June 1, 1972, the dead
body, or any part or product thereof, of any fish, bird, amphibian,
reptile, or mammal specified in Section 653o or 653p.
Violation of this section constitutes a misdemeanor.
653s. (a) Any person who transports or causes to be transported for
monetary or other consideration within this state, any article
containing sounds of a live performance with the knowledge that the
sounds thereon have been recorded or mastered without the consent of
the owner of the sounds of the live performance is guilty of a public
offense punishable as provided in subdivision (g) or (h).
(b) As used in this section and Section 653u:
(1) "Live performance" means the recitation, rendering, or playing
of a series of musical, spoken, or other sounds in any audible
sequence thereof.
(2) "Article" means the original disc, wire, tape, film,
phonograph record, or other recording device used to record or master
the sounds of the live performance and any copy or reproduction
thereof which duplicates, in whole or in part, the original.
(3) "Person" means any individual, partnership, partnership member
or employee, corporation, association, or corporation or association
employee, officer, or director, limited liability company, or
limited liability company manager or officer.
(c) In the absence of a written agreement or operation of law to
the contrary, the performer or performers of the sounds of a live
performance shall be presumed to own the right to record or master
those sounds.
(d) For purposes of this section, a person who is authorized to
maintain custody and control over business records reflecting the
consent of the owner to the recordation or master recording of a live
performance shall be a proper witness in any proceeding regarding
the issue of consent.
Any witness called pursuant to this section shall be subject to
all rules of evidence relating to the competency of a witness to
testify and the relevance and admissibility of the testimony offered.
(e) This section shall neither enlarge nor diminish the rights and
remedies of parties to a recording or master recording which they
might otherwise possess by law.
(f) This section shall not apply to persons engaged in radio or
television broadcasting or cablecasting who record or fix the sounds
of a live performance for, or in connection with, broadcast or cable
transmission and related uses in educational television or radio
programs, for archival purposes, or for news programs or purposes if
the recordation or master recording is not commercially distributed
independent of the broadcast or cablecast by or through the
broadcasting or cablecasting entity to subscribers or the general
public.
(g) Any person who has been convicted of a violation of
subdivision (a), shall be punished by imprisonment in the county jail
not to exceed one year, or by imprisonment in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), or by both, if the offense
involves the transportation or causing to be transported of not less
than 1,000 articles described in subdivision (a).
(h) Any person who has been convicted of any other violation of
subdivision (a) not described in subdivision (g) shall be punished by
imprisonment in the county jail not to exceed one year, or by a fine
not to exceed twenty-five thousand dollars ($25,000), or both. A
second or subsequent conviction under subdivision (a) not described
in subdivision (g) shall be punished by imprisonment in the county
jail not to exceed one year or in the state prison, or by a fine not
to exceed one hundred thousand dollars ($100,000), or by both.
(i) Every person who offers for sale or resale, or sells or
resells, or causes the sale or resale, or rents, or possesses for
these purposes, any article described in subdivision (a) with
knowledge that the sounds thereon have been so recorded or mastered
without the consent of the owner of the sounds of a live performance
is guilty of a public offense.
(1) A violation of subdivision (i) involving not less than 100 of
those articles shall be punishable by imprisonment in a county jail
not to exceed one year or by a fine not to exceed ten thousand
dollars ($10,000), or by both. A second or subsequent conviction for
the conduct described in this paragraph shall be punishable by
imprisonment in the county jail not to exceed one year or in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), or by both.
(2) A person who has been convicted of any violation of this
subdivision not described in paragraph (1) shall be punished by
imprisonment in the county jail not to exceed six months or by a fine
not to exceed five thousand dollars ($5,000), or by both. A second
conviction for the conduct described in this paragraph shall be
punishable by imprisonment in the county jail not to exceed one year
or by a fine not to exceed ten thousand dollars ($10,000), or by
both. A third or subsequent conviction for the conduct described in
this paragraph shall be punishable by imprisonment in the county jail
not to exceed one year or in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.
653t. (a) A person commits a public offense if the person knowingly
and maliciously interrupts, disrupts, impedes, or otherwise
interferes with the transmission of a communication over an amateur
or a citizen's band radio frequency, the purpose of which
communication is to inform or inquire about an emergency.
(b) For purposes of this section, "emergency" means a condition or
circumstance in which an individual is or is reasonably believed by
the person transmitting the communication to be in imminent danger of
serious bodily injury, in which property is or is reasonably
believed by the person transmitting the communication to be in
imminent danger of extensive damage or destruction, or in which that
injury or destruction has occurred and the person transmitting is
attempting to summon assistance.
(c) A violation of subdivision (a) is a misdemeanor punishable by
a fine not to exceed one thousand dollars ($1,000), by imprisonment
in a county jail not to exceed six months, or by both, unless, as a
result of the commission of the offense, serious bodily injury or
property loss in excess of ten thousand dollars ($10,000) occurs, in
which event the offense is a felony.
(d) Any person who knowingly and maliciously interrupts, disrupts,
impedes, or otherwise interferes with the transmission of an
emergency communication over a public safety radio frequency, when
the offense results in serious bodily injury or property loss in
excess of ten thousand dollars ($10,000), is guilty of a felony.
653u. (a) Any person who records or masters or causes to be
recorded or mastered on any article with the intent to sell for
commercial advantage or private financial gain, the sounds of a live
performance with the knowledge that the sounds thereon have been
recorded or mastered without the consent of the owner of the sounds
of the live performance is guilty of a public offense punishable as
provided in subdivisions (d) and (e).
(b) In the absence of a written agreement or operation of law to
the contrary, the performer or performers of the sounds of a live
performance shall be presumed to own the right to record or master
those sounds.
(c) For purposes of this section, a person who is authorized to
maintain custody and control over business records reflecting the
consent of the owner to the recordation or master recording of a live
performance shall be a proper witness in any proceeding regarding
the issue of consent.
Any witness called pursuant to this section shall be subject to
all rules of evidence relating to the competency of a witness to
testify and the relevance and admissibility of the testimony offered.
(d) Any person who has been convicted of a violation of
subdivision (a) shall be punished by imprisonment in the county jail
not to exceed one year, or by imprisonment in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), or by both, if the offense
involves the recording, mastering, or causing to be recorded or
mastered at least 1,000 articles described in subdivision (a).
(e) Any person who has been convicted of any other violation of
subdivision (a) not described in subdivision (d), shall be punished
by imprisonment in the county jail not to exceed one year, or by a
fine not to exceed twenty-five thousand dollars ($25,000), or by
both. A second or subsequent conviction under subdivision (a) not
described in subdivision (d) shall be punished by imprisonment in the
county jail not to exceed one year or in the state prison or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.
653v. Whenever any person is convicted of any violation of Section
653h, 653s, 653u, or 653w the court, in its judgment of conviction,
shall, in addition to the penalty therein prescribed, order the
forfeiture and destruction or other disposition of all articles,
including, but not limited to, phonograph records, discs, wires,
tapes, films, or any other article upon which sounds or images can be
recorded or stored, and any and all electronic, mechanical, or other
devices for manufacturing, reproducing or assembling these articles,
which were used in connection with, or which were part of, any
violation of Section 653h, 653s, 653u, or 653w.
653w. (a) A person is guilty of failure to disclose the origin of a
recording or audiovisual work if, for commercial advantage or
private financial gain, he or she knowingly advertises or offers for
sale or resale, or sells or resells, or causes the rental, sale or
resale, or rents, or manufactures, or possesses for these purposes,
any recording or audiovisual work, the cover, box, jacket, or label
of which does not clearly and conspicuously disclose the actual true
name and address of the manufacturer thereof and the name of the
actual author, artist, performer, producer, programmer, or group
thereon. This section does not require the original manufacturer or
authorized licensees of software producers to disclose the
contributing authors or programmers.
As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including any phonograph record, disc, tape, audio cassette, wire,
film, or other medium on which information or sounds are recorded or
otherwise stored, but does not include sounds accompanying a motion
picture or other audiovisual work.
As used in this section, "audiovisual works" are the physical
embodiment of works that consist of related images that are
intrinsically intended to be shown using machines or devices such as
projectors, viewers, or electronic equipment, together with
accompanying sounds, if any, regardless of the nature of the material
objects such as films or tapes on which the works are embodied.
(b) Any person who has been convicted of a violation of
subdivision (a) shall be punished as follows:
(1) If the offense involves the advertisement, offer for sale or
resale, sale, rental, manufacture, or possession for these purposes,
of at least 100 articles of audio recordings or 100 articles of
audiovisual works described in subdivision (a), the person shall be
punished by imprisonment in a county jail not to exceed one year, or
by imprisonment in the state prison for two, three, or five years, or
by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both.
(2) Any other violation of subdivision (a) not described in
paragraph (1), shall, upon a first offense, be punished by
imprisonment in a county jail not to exceed one year, or by a fine
not to exceed twenty-five thousand dollars ($25,000), or by both.
(3) A second or subsequent conviction under subdivision (a) not
described in paragraph (1), shall be punished by imprisonment in a
county jail not to exceed one year or in the state prison, or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.
653x. (a) Any person who telephones the 911 emergency line with the
intent to annoy or harass another person is guilty of a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000),
by imprisonment in a county jail for not more than six months, or by
both the fine and imprisonment. Nothing in this section shall apply
to telephone calls made in good faith.
(b) An intent to annoy or harass is established by proof of
repeated calls over a period of time, however short, that are
unreasonable under the circumstances.
(c) Upon conviction of a violation of this section, a person also
shall be liable for all reasonable costs incurred by any unnecessary
emergency response.
653y. (a) Any person who knowingly allows the use or who uses the
911 telephone system for any reason other than because of an
emergency is guilty of an infraction, punishable as follows:
(1) For a first or second violation, a written warning shall be
issued to the violator by the public safety entity originally
receiving the call describing the punishment for subsequent
violations. The written warning shall inform the recipient to notify
the issuing agency that the warning was issued inappropriately if
the recipient did not make, or knowingly allow the use of the 911
telephone system for, the nonemergency 911 call. The law enforcement
agency may provide educational materials regarding the appropriate
use of the 911 telephone system.
(2) For a third or subsequent violation, a citation may be issued
by the public safety entity originally receiving the call pursuant
to which the violator shall be subject to the following penalties
that may be reduced by a court upon consideration of the violator's
ability to pay:
(A) For a third violation, a fine of fifty dollars ($50).
(B) For a fourth violation, a fine of one hundred dollars ($100).
(C) For a fifth or subsequent violation, a fine of two hundred
dollars ($200).
(b) The parent or legal guardian having custody and control of an
unemancipated minor who violates this section shall be jointly and
severally liable with the minor for the fine imposed pursuant to this
section.
(c) For purposes of this section, "emergency" means any condition
in which emergency services will result in the saving of a life, a
reduction in the destruction of property, quicker apprehension of
criminals, or assistance with potentially life-threatening medical
problems, a fire, a need for rescue, an imminent potential crime, or
a similar situation in which immediate assistance is required.
(d) Notwithstanding subdivision (a), this section shall not apply
to a telephone corporation or any other entity for acts or omissions
relating to the routine maintenance, repair, or operation of the 911
or 311 telephone system.
653z. (a) Every person who operates a recording device in a motion
picture theater while a motion picture is being exhibited, for the
purpose of recording a theatrical motion picture and without the
express written authority of the owner of the motion picture theater,
is guilty of a public offense and shall be punished by imprisonment
in a county jail not exceeding one year, by a fine not exceeding two
thousand five hundred dollars ($2,500), or by both that fine and
imprisonment.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Recording device" means a photographic, digital or video
camera, or other audio or video recording device capable of recording
the sounds and images of a motion picture or any portion of a motion
picture.
(2) "Motion picture theater" means a theater or other premises in
which a motion picture is exhibited.
(c) Nothing in this section shall preclude prosecution under any
other provision of law.
653aa. (a) Any person, except a minor, who is located in
California, who, knowing that a particular recording or audiovisual
work is commercial, knowingly electronically disseminates all or
substantially all of that commercial recording or audiovisual work to
more than 10 other people without disclosing his or her e-mail
address, and the title of the recording or audiovisual work is
punishable by a fine not exceeding two thousand five hundred dollars
($2,500), imprisonment in a county jail for a period not exceeding
one year, or by both that fine and imprisonment.
(b) Any minor who violates subdivision (a) is punishable by a fine
not exceeding two hundred fifty dollars ($250). Any minor who
commits a third or subsequent violation of subdivision (a) is
punishable by a fine not exceeding one thousand dollars ($1,000),
imprisonment in a county jail for a period not to exceed one year, or
by both that imprisonment and fine.
(c) Subdivisions (a) and (b) do not apply:
(1) To a person who electronically disseminates a commercial
recording or audiovisual work to his or her immediate family, or
within his or her personal network, defined as a restricted access
network controlled by and accessible to only that person or people in
his or her immediate household.
(2) If the copyright owner, or a person acting under the authority
of the copyright owner, of a commercial recording or audiovisual
work has explicitly given permission for all or substantially all of
that recording or audiovisual work to be freely disseminated
electronically by or to anyone without limitation.
(3) To a person who has been licensed either by the copyright
owner or a person acting under the authority of the copyright owner
to disseminate electronically all or substantially all of a
commercial audiovisual work or recording.
(4) To the licensed electronic dissemination of a commercial
audiovisual work or recording by means of a cable television service
offered over a cable system or direct to home satellite service as
defined in Title 47 of the United States Code.
(d) Nothing in this section shall restrict the copyright owner
from disseminating his or her own copyrighted material.
(e) Upon conviction for a violation of this section, in addition
to the penalty prescribed, the court shall order the permanent
deletion or destruction of any electronic file containing a
commercial recording or audiovisual work, the dissemination of which
was the basis of the violation. This subdivision shall not apply to
the copyright owner or to a person acting under the authority of the
copyright owner.
(f) An Internet service provider does not violate, and does not
aid and abet a violation of subdivision (a), and subdivision (a)
shall not be enforced against an Internet service provider, to the
extent that the Internet service provider enables a user of its
service to electronically disseminate an audiovisual work or sound
recording, if the Internet service provider maintains its valid
e-mail address or other means of electronic notification on its Web
site in a location that is accessible to the public.
For the purposes of this section, "Internet service provider"
means an entity, to the extent that the entity is transmitting,
routing, or providing connections for Internet communications
initiated by or at the direction of another person, between or among
points specified by a user, of material placed online by a user,
storing or hosting that material at the direction of a user, or
referring or linking users to that material.
(g) For purposes of this section:
(1) "Recording" means the electronic or physical embodiment of any
recorded images, sounds, or images and sounds, but does not include
audiovisual works or sounds accompanying audiovisual works.
(2) "Audiovisual work" means the electronic or physical embodiment
of motion pictures, television programs, video or computer games, or
other audiovisual presentations that consist of related images that
are intrinsically intended to be shown by the use of machines or
devices such as projectors, viewers, or electronic equipment, or a
computer program, software, or system, as defined in Section 502,
together with accompanying sounds, if any.
(3) "Commercial recording or audiovisual work" means a recording
or audiovisual work whose copyright owner, or assignee, authorized
agent, or licensee, has made or intends to make available for sale,
rental, or for performance or exhibition to the public under license,
but does not include an excerpt consisting of less than
substantially all of a recording or audiovisual work. A recording or
audiovisual work may be commercial regardless of whether the person
who electronically disseminates it seeks commercial advantage or
private financial gain from that dissemination.
(4) "Electronic dissemination" means initiating a transmission of,
making available, or otherwise offering, a commercial recording or
audiovisual work for distribution on the Internet or other digital
network, regardless of whether someone else had previously
electronically disseminated the same commercial recording or
audiovisual work.
(5) "E-mail address" means a valid e-mail address, or the valid
e-mail address of the holder of the account from which the
dissemination took place.
(6) "Disclosing" means providing information in, attached to, or
discernable or available in or through the process of disseminating
or obtaining a commercial recording or audiovisual work in a manner
that is accessible by any person engaged in disseminating or
receiving the commercial recording or audiovisual work.
(h) Nothing in this section shall preclude prosecution under any
other provision of law.
(i) This section shall become inoperative on January 1, 2010,
unless a later enacted statute deletes or extends that date.
653.1. (a) No person shall sell or distribute any balloon that is
constructed of electrically conductive material, and filled with a
gas lighter than air without:
(1) Affixing an object of sufficient weight to the balloon or its
appurtenance to counter the lift capability of the balloon.
(2) Affixing a statement on the balloon, or ensuring that a
statement is so affixed, that warns the consumer about the risk if
the balloon comes in contact with electrical power lines.
(3) A printed identification of the manufacturer of the balloon.
(b) No person shall sell or distribute any balloon filled with a
gas lighter than air that is attached to an electrically conductive
string, tether, streamer, or other electrically conductive
appurtenance.
(c) No person shall sell or distribute any balloon that is
constructed of electrically conductive material and filled with a gas
lighter than air and that is attached to another balloon constructed
of electrically conductive material and filled with a gas lighter
than air.
(d) No person or group shall release, outdoors, balloons made of
electrically conductive material and filled with a gas lighter than
air, as part of a public or civic event, promotional activity, or
product advertisement.
(e) Any person who violates subdivision (a), (b), (c), or (d)
shall be guilty of an infraction punishable by a fine not exceeding
one hundred dollars ($100). Any person who violates subdivision (a),
(b), (c), or (d) who has been previously convicted twice of
violating subdivision (a), (b), (c), or (d) shall be guilty of a
misdemeanor.
(f) This section shall not apply to manned hot air balloons, or to
balloons used in governmental or scientific research projects.[/align]
-
Loitering for the purpose of engaging in a
[align=left]
LOITERING FOR THE PURPOSE OF ENGAGING IN A
PROSTITUTION OFFENSE
653.20. For purposes of this chapter, the following definitions
apply:
(a) "Commit prostitution" means to engage in ***ual conduct for
money or other consideration, but does not include ***ual conduct
engaged in as a part of any stage performance, play, or other
entertainment open to the public.
(b) "Public place" means an area open to the public, or an alley,
plaza, park, driveway, or parking lot, or an automobile, whether
moving or not, or a building open to the general public, including
one which serves food or drink, or provides entertainment, or the
doorways and entrances to a building or dwelling, or the grounds
enclosing a building or dwelling.
(c) "Loiter" means to delay or linger without a lawful purpose for
being on the property and for the purpose of committing a crime as
opportunity may be discovered.
653.22. (a) It is unlawful for any person to loiter in any public
place with the intent to commit prostitution. This intent is
evidenced by acting in a manner and under circumstances which openly
demonstrate the purpose of inducing, enticing, or soliciting
prostitution, or procuring another to commit prostitution.
(b) Among the circumstances that may be considered in determining
whether a person loiters with the intent to commit prostitution are
that the person:
(1) Repeatedly beckons to, stops, engages in conversations with,
or attempts to stop or engage in conversations with passersby,
indicative of soliciting for prostitution.
(2) Repeatedly stops or attempts to stop motor vehicles by hailing
the drivers, waving arms, or making any other bodily gestures, or
engages or attempts to engage the drivers or passengers of the motor
vehicles in conversation, indicative of soliciting for prostitution.
(3) Has been convicted of violating this section, subdivision (a)
or (b) of Section 647, or any other offense relating to or involving
prostitution, within five years of the arrest under this section.
(4) Circles an area in a motor vehicle and repeatedly beckons to,
contacts, or attempts to contact or stop pedestrians or other
motorists, indicative of soliciting for prostitution.
(5) Has engaged, within six months prior to the arrest under this
section, in any behavior described in this subdivision, with the
exception of paragraph (3), or in any other behavior indicative of
prostitution activity.
(c) The list of circumstances set forth in subdivision (b) is not
exclusive. The circumstances set forth in subdivision (b) should be
considered particularly salient if they occur in an area that is
known for prostitution activity. Any other relevant circumstances
may be considered in determining whether a person has the requisite
intent. Moreover, no one circumstance or combination of
circumstances is in itself determinative of intent. Intent must be
determined based on an evaluation of the particular circumstances of
each case.
653.23. (a) It is unlawful for any person to do either of the
following:
(1) Direct, supervise, recruit, or otherwise aid another person in
the commission of a violation of subdivision (b) of Section 647 or
subdivision (a) of Section 653.22.
(2) Collect or receive all or part of the proceeds earned from an
act or acts of prostitution committed by another person in violation
of subdivision (b) of Section 647.
(b) Among the circumstances that may be considered in determining
whether a person is in violation of subdivision (a) are that the
person does the following:
(1) Repeatedly speaks or communicates with another person who is
acting in violation of subdivision (a) of Section 653.22.
(2) Repeatedly or continuously monitors or watches another person
who is acting in violation of subdivision (a) of Section 653.22.
(3) Repeatedly engages or attempts to engage in conversation with
pedestrians or motorists to solicit, arrange, or facilitate an act of
prostitution between the pedestrians or motorists and another person
who is acting in violation of subdivision (a) of Section 653.22.
(4) Repeatedly stops or attempts to stop pedestrians or motorists
to solicit, arrange, or facilitate an act of prostitution between
pedestrians or motorists and another person who is acting in
violation of subdivision (a) of Section 653.22.
(5) Circles an area in a motor vehicle and repeatedly beckons to,
contacts, or attempts to contact or stop pedestrians or other
motorists to solicit, arrange, or facilitate an act of prostitution
between the pedestrians or motorists and another person who is acting
in violation of subdivision (a) of Section 653.22.
(6) Receives or appears to receive money from another person who
is acting in violation of subdivision (a) of Section 653.22.
(7) Engages in any of the behavior described in paragraphs (1) to
(6), inclusive, in regard to or on behalf of two or more persons who
are in violation of subdivision (a) of Section 653.22.
(8) Has been convicted of violating this section, subdivision (a)
or (b) of Section 647, subdivision (a) of Section 653.22, Section
266h, or 266i, or any other offense relating to or involving
prostitution within five years of the arrest under this section.
(9) Has engaged, within six months prior to the arrest under
subdivision (a), in any behavior described in this subdivision, with
the exception of paragraph (8), or in any other behavior indicative
of prostitution activity.
(c) The list of circumstances set forth in subdivision (b) is not
exclusive. The circumstances set forth in subdivision (b) should be
considered particularly salient if they occur in an area that is
known for prostitution activity. Any other relevant circumstances
may be considered. Moreover, no one circumstance or combination of
circumstances is in itself determinative. A violation of subdivision
(a) shall be determined based on an evaluation of the particular
circumstances of each case.
(d) Nothing in this section shall preclude the prosecution of a
suspect for a violation of Section 266h or 266i or for any other
offense, or for a violation of this section in conjunction with a
violation of Section 266h or 266i or any other offense.
653.24. If any section, subdivision, sentence, clause, phrase, or
portion of this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, that portion
shall be deemed a separate, distinct, and independent provision, and
that holding shall not affect the validity of the remaining portion
of the chapter.
653.26. A violation of any provision of this chapter is a
misdemeanor.
653.28. Nothing in this chapter or Chapter 2 (commencing with
Section 639) shall prevent a local governing body from adopting and
enforcing laws consistent with these chapters relating to
prostitution or prostitution-related activity. Where local laws
duplicate or supplement this chapter or Chapter 2 (commencing with
Section 639), these chapters shall be construed as providing
alternative remedies and not to preempt the field.
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