Crimes committed while in custody in correctional
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CRIMES COMMITTED WHILE IN CUSTODY IN CORRECTIONAL
FACILITIES
653.75. Any person who commits any public offense while in custody
in any local detention facility, as defined in Section 6031.4, or any
state prison, as defined in Section 4504, is guilty of a crime.
That crime shall be punished as provided in the section prescribing
the punishment for that public offense.
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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.
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Crimes committed while in custody in correctional
[align=left]
653.75. Any person who commits any public offense while in custody
in any local detention facility, as defined in Section 6031.4, or any
state prison, as defined in Section 4504, is guilty of a crime.
That crime shall be punished as provided in the section prescribing
the punishment for that public offense.
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Rights of victims and witnesses of crime
[align=left]
679. In recognition of the civil and moral duty of victims and
witnesses of crime to fully and voluntarily cooperate with law
enforcement and prosecutorial agencies, and in further recognition of
the continuing importance of this citizen cooperation to state and
local law enforcement efforts and the general effectiveness and
well-being of the criminal justice system of this state, the
Legislature declares its intent, in the enactment of this title, to
ensure that all victims and witnesses of crime are treated with
dignity, respect, courtesy, and sensitivity. It is the further
intent that the rights enumerated in Section 679.02 relating to
victims and witnesses of crime are honored and protected by law
enforcement agencies, prosecutors, and judges in a manner no less
vigorous than the protections afforded criminal defendants. It is
the intent of the Legislature to add to Section 679.02 references to
new rights as or as soon after they are created. The failure to
enumerate in that section a right which is enumerated elsewhere in
the law shall not be deemed to diminish the importance or
enforceability of that right.
679.01. As used in this title, the following definitions shall
control:
(a) "Crime" means an act committed in this state which, if
committed by a competent adult, would constitute a misdemeanor or
felony.
(b) "Victim" means a person against whom a crime has been
committed.
(c) "Witness" means any person who has been or is expected to
testify for the prosecution, or who, by reason of having relevant
information, is subject to call or likely to be called as a witness
for the prosecution, whether or not any action or proceeding has yet
been commenced.
679.02. (a) The following are hereby established as the statutory
rights of victims and witnesses of crimes:
(1) To be notified as soon as feasible that a court proceeding to
which he or she has been subpoenaed as a witness will not proceed as
scheduled, provided the prosecuting attorney determines that the
witness' attendance is not required.
(2) Upon request of the victim or a witness, to be informed by the
prosecuting attorney of the final disposition of the case, as
provided by Section 11116.10.
(3) For the victim, the victim's parents or guardian if the victim
is a minor, or the next of kin of the victim if the victim has died,
to be notified of all sentencing proceedings, and of the right to
appear, to reasonably express his or her views, have those views
preserved by audio or video means as provided in Section 1191.16, and
to have the court consider his or her statements, as provided by
Sections 1191.1 and 1191.15.
(4) For the victim, the victim's parents or guardian if the victim
is a minor, or the next of kin of the victim if the victim has died,
to be notified of all juvenile disposition hearings in which the
alleged act would have been a felony if committed by an adult, and of
the right to attend and to express his or her views, as provided by
Section 656.2 of the Welfare and Institutions Code.
(5) Upon request by the victim or the next of kin of the victim if
the victim has died, to be notified of any parole eligibility
hearing and of the right to appear, either personally as provided by
Section 3043 of this code, or by other means as provided by Sections
3043.2 and 3043.25 of this code, to reasonably express his or her
views, and to have his or her statements considered, as provided by
Section 3043 of this code and by Section 1767 of the Welfare and
Institutions Code.
(6) Upon request by the victim or the next of kin of the victim if
the crime was a homicide, to be notified of an inmate's placement in
a reentry or work furlough program, or notified of the inmate's
escape as provided by Section 11155.
(7) To be notified that he or she may be entitled to witness fees
and mileage, as provided by Section 1329.1.
(8) For the victim, to be provided with information concerning the
victim's right to civil recovery and the opportunity to be
compensated from the Restitution Fund pursuant to Chapter 5
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code and Section 1191.2 of this code.
(9) To the expeditious return of his or her property which has
allegedly been stolen or embezzled, when it is no longer needed as
evidence, as provided by Chapter 12 (commencing with Section 1407)
and Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.
(10) To an expeditious disposition of the criminal action.
(11) To be notified, if applicable, in accordance with Sections
679.03 and 3058.8 if the defendant is to be placed on parole.
(12) To be notified by the district attorney's office where the
case involves a violent felony, as defined in subdivision (c) of
Section 667.5, or in the event of a homicide, the victim's next of
kin, of a pending pretrial disposition before a change of plea is
entered before a judge.
(A) A victim of any felony may request to be notified, by the
district attorney's office, of a pretrial disposition.
(B) If it is not possible to notify the victim of the pretrial
disposition before the change of plea is entered, the district
attorney's office or the county probation department shall notify the
victim as soon as possible.
(C) The victim may be notified by any reasonable means available.
Nothing in this paragraph is intended to affect the right of the
people and the defendant to an expeditious disposition as provided in
Section 1050.
(13) For the victim, to be notified by the district attorney's
office of the right to request, upon a form provided by the district
attorney's office, and receive a notice pursuant to paragraph (14),
if the defendant is convicted of any of the following offenses:
(A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289, in violation of
Section 220.
(B) A violation of Section 207 or 209 committed with the intent to
commit a violation of Section 261, 262, 286, 288, 288a, or 289.
(C) Rape, in violation of Section 261.
(D) Oral copulation, in violation of Section 288a.
(E) Sodomy, in violation of Section 286.
(F) A violation of Section 288.
(G) A violation of Section 289.
(14) When a victim has requested notification pursuant to
paragraph (13), the sheriff shall inform the victim that the person
who was convicted of the offense has been ordered to be placed on
probation, and give the victim notice of the proposed date upon which
the person will be released from the custody of the sheriff.
(b) The rights set forth in subdivision (a) shall be set forth in
the information and educational materials prepared pursuant to
Section 13897.1. The information and educational materials shall be
distributed to local law enforcement agencies and local victims'
programs by the Victims' Legal Resource Center established pursuant
to Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(c) Local law enforcement agencies shall make available copies of
the materials described in subdivision (b) to victims and witnesses.
(d) Nothing in this section is intended to affect the rights and
services provided to victims and witnesses by the local assistance
centers for victims and witnesses.
679.026. (a) It is the intent of the people of the State of
California in enacting this section to implement the rights of
victims of crime established in Section 28 of Article I of the
California Constitution to be informed of the rights of crime victims
enumerated in the Constitution and in the statutes of this state.
(b) Every victim of crime has the right to receive without cost or
charge a list of the rights of victims of crime recognized in
Section 28 of Article I of the California Constitution. These rights
shall be known as "Marsy Rights."
(c) (1) Every law enforcement agency investigating a criminal act
and every agency prosecuting a criminal act shall, as provided
herein, at the time of initial contact with a crime victim, during
follow-up investigation, or as soon thereafter as deemed appropriate
by investigating officers or prosecuting attorneys, provide or make
available to each victim of the criminal act without charge or cost a
"Marsy Rights" card described in paragraphs (3) and (4).
(2) The victim disclosures required under this section shall be
available to the public at a state funded and maintained Web site
authorized pursuant to Section 14260 of the Penal Code to be known as
"Marsy's Page."
(3) The Attorney General shall design and make available in ".pdf"
or other imaging format to every agency listed in paragraph (1) a
"Marsy Rights" card, which shall contain the rights of crime victims
described in subdivision (b) of Section 28 of Article I of the
California Constitution, information on the means by which a crime
victim can access the web page described in paragraph (2), and a
toll-free telephone number to enable a crime victim to contact a
local victim's assistance office.
(4) Every law enforcement agency which investigates criminal
activity shall, if provided without cost to the agency by any
organization classified as a nonprofit organization under paragraph
(3) of subdivision (c) of Section 501 of the Internal Revenue Code,
make available and provide to every crime victim a "Victims' Survival
and Resource Guide" pamphlet and/or video that has been approved by
the Attorney General. The "Victims' Survival and Resource Guide" and
video shall include an approved "Marsy Rights" card, a list of
government agencies, nonprofit victims' rights groups, support
groups, and local resources that assist crime victims, and any other
information which the Attorney General determines might be helpful to
victims of crime.
(5) Any agency described in paragraph (1) may in its discretion
design and distribute to each victim of a criminal act its own
Victims' Survival and Resource Guide and video, the contents of which
have been approved by the Attorney General, in addition to or in
lieu of the materials described in paragraph (4).
679.03. (a) With respect to the conviction of a defendant involving
a violent offense, as defined in subdivision (b) of Section 12021.1,
the county district attorney, probation department, and
victim-witness coordinator shall confer and establish an annual
policy within existing resources to decide which one of their
agencies shall inform each witness involved in the conviction who was
threatened by the defendant following the defendant's arrest and
each victim or next of kin of the victim of that offense of the right
to request and receive a notice pursuant to Section 3058.8 or 3605.
If no agreement is reached, the presiding judge shall designate the
appropriate county agency or department to provide this notification.
(b) The Department of Corrections shall supply a form to the
agency designated pursuant to subdivision (a) in order to enable
persons specified in subdivision (a) to request and receive
notification from the department of the release, escape, scheduled
execution, or death of the violent offender. That agency shall give
the form to the victim, witness, or next of kin of the victim for
completion, explain to that person or persons the right to be so
notified, and forward the completed form to the department. The
department or the Board of Prison Terms is responsible for notifying
all victims, witnesses, or next of kin of victims who request to be
notified of a violent offender's release or scheduled execution, as
provided by Sections 3058.8 and 3605.
(c) All information relating to any person receiving notice
pursuant to subdivision (b) shall remain confidential and is not
subject to disclosure pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Title 7 of Division 1
of the Government Code).
679.04. (a) A victim of ***ual assault as the result of any offense
specified in paragraph (1) of subdivision (b) of Section 264.2 has
the right to have victim advocates and a support person of the victim'
s choosing present at any interview by law enforcement authorities,
district attorneys, or defense attorneys. However, the support person
may be excluded from an interview by law enforcement or the district
attorney if the law enforcement authority or the district attorney
determines that the presence of that individual would be detrimental
to the purpose of the interview. As used in this section, "victim
advocate" means a ***ual assault counselor, as defined in Section
1035.2 of the Evidence Code, or a victim advocate working in a center
established under Article 2 (commencing with Section 13835) of
Chapter 4 of Title 6 of Part 4.
(b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the district attorney pertaining to any
criminal action arising out of a ***ual assault, a victim of ***ual
assault as the result of any offense specified in Section 264.2 shall
be notified orally or in writing by the attending law enforcement
authority or district attorney that the victim has the right to have
victim advocates and a support person of the victim's choosing
present at the interview or contact. This subdivision applies to
investigators and agents employed or retained by law enforcement or
the district attorney.
(2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
district attorney shall also advise the victim of the right to have
victim advocates and a support person present at any interview by the
defense attorney or investigators or agents employed by the defense
attorney.
(c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
679.05. (a) A victim of domestic violence or abuse, as defined in
Sections 6203 or 6211 of the Family Code, or Section 13700 of the
Penal Code, has the right to have a domestic violence advocate and a
support person of the victim's choosing present at any interview by
law enforcement authorities, prosecutors, or defense attorneys.
However, the support person may be excluded from an interview by law
enforcement or the prosecutor if the law enforcement authority or the
prosecutor determines that the presence of that individual would be
detrimental to the purpose of the interview. As used in this section,
"domestic violence advocate" means either a person employed by a
program specified in Section 13835.2 for the purpose of rendering
advice or assistance to victims of domestic violence, or a domestic
violence counselor, as defined in Section 1037.1 of the Evidence
Code. Prior to being present at any interview conducted by law
enforcement authorities, prosecutors, or defense attorneys, a
domestic violence advocate shall advise the victim of any applicable
limitations on the confidentiality of communications between the
victim and the domestic violence advocate.
(b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the prosecutor pertaining to any criminal
action arising out of a domestic violence incident, a victim of
domestic violence or abuse, as defined in Section 6203 or 6211 of the
Family Code, or Section 13700 of this code, shall be notified orally
or in writing by the attending law enforcement authority or
prosecutor that the victim has the right to have a domestic violence
advocate and a support person of the victim's choosing present at the
interview or contact. This subdivision applies to investigators and
agents employed or retained by law enforcement or the prosecutor.
(2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
prosecutor shall also advise the victim of the right to have a
domestic violence advocate and a support person present at any
interview by the defense attorney or investigators or agents employed
by the defense attorney.
(c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
679.08. (a) (1) Whenever there has been a crime committed against a
victim, the law enforcement officer assigned to the case may provide
the victim of the crime with a "Victim's Rights Card," as specified
in subdivision (b).
(2) This section shall be operative in a city or county only upon
the adoption of a resolution by the city council or board of
supervisors to that effect.
(3) This section shall not be interpreted as replacing or
prohibiting any services currently offered to victims of crime by any
agency or person affected by this section.
(b) A "Victim's Rights Card" means a card or paper that provides a
printed notice with a disclaimer, in at least 10-point type, to a
victim of a crime regarding potential services that may be available
under existing state law to assist the victim. The printed notice
shall include the following language or language substantially
similar to the following:
"California law provides crime victims with important rights. If
you are a victim of crime, you may be entitled to the assistance of a
victim advocate who can answer many of the questions you might have
about the criminal justice system."
"Victim advocates can assist you with the following:
(1) Explaining what information you are entitled to receive while
criminal proceedings are pending.
(2) Assisting you in applying for restitution to compensate you
for crime-related losses.
(3) Communicating with the prosecution.
(4) Assisting you in receiving victim support services.
(5) Helping you prepare a victim impact statement before an
offender is sentenced."
"To speak with a victim advocate, please call any of the following
numbers:"
(Set forth the name and phone number, including area code, of all
victim advocate agencies in the local jurisdiction)
"PLEASE NOTE THAT THIS INFORMATION IS PROVIDED IN AN ATTEMPT TO
ASSIST THE VICTIM, BY NOTIFYING THE VICTIM ABOUT SOME, BUT NOT
NECESSARILY ALL, SERVICES AVAILABLE TO THE VICTIM; THE PROVISION OF
THIS INFORMATION AND THE INFORMATION CONTAINED THEREIN IS NOT LEGAL
ADVICE AND IS NOT INTENDED TO CONSTITUTE A GUARANTEE OF ANY VICTIM'S
RIGHTS OR OF A VICTIM'S ELIGIBILITY OR ENTITLEMENT TO ANY SPECIFIC
BENEFITS OR SERVICES."
(c) Any act or omission covered by this section is a discretionary
act pursuant to Section 820.2 of the Government Code.
680. (a) This section shall be known as and may be cited as the
"***ual Assault Victims' DNA Bill of Rights."
(b) The Legislature finds and declares all of the following:
(1) Deoxyribonucleic acid (DNA) and forensic identification
analysis is a powerful law enforcement tool for identifying and
prosecuting ***ual assault offenders.
(2) Victims of ***ual assaults have a strong interest in the
investigation and prosecution of their cases.
(3) Law enforcement agencies have an obligation to victims of
***ual assaults in the proper handling, retention and timely DNA
testing of rape kit evidence or other crime scene evidence and to be
responsive to victims concerning the developments of forensic testing
and the investigation of their cases.
(4) The growth of the Department of Justice's Cal-DNA databank and
the national databank through the Combined DNA Index System (CODIS)
makes it possible for many ***ual assault perpetrators to be
identified after their first offense, provided that rape kit evidence
is analyzed in a timely manner.
(5) Timely DNA analysis of rape kit evidence is a core public
safety issue affecting men, women, and children in the State of
California. It is the intent of the Legislature, in order to further
public safety, to encourage DNA analysis of rape kit evidence within
the time limits imposed by subparagraphs (A) and (B) of paragraph
(1) of subdivision (i) of Section 803.
(6) A law enforcement agency assigned to investigate a ***ual
assault offense specified in Section 261, 261.5, 262, 286, 288a, or
289 should perform DNA testing of rape kit evidence or other crime
scene evidence in a timely manner in order to assure the longest
possible statute of limitations, pursuant to subparagraphs (A) and
(B) of paragraph (1) of subdivision (i) of Section 803.
(7) For the purpose of this section, "law enforcement" means the
law enforcement agency with the primary responsibility for
investigating an alleged ***ual assault.
(c) (1) Upon the request of a ***ual assault victim the law
enforcement agency investigating a violation of Section 261, 261.5,
262, 286, 288a, or 289 may inform the victim of the status of the DNA
testing of the rape kit evidence or other crime scene evidence from
the victim's case. The law enforcement agency may, at its
discretion, require that the victim's request be in writing. The law
enforcement agency may respond to the victim's request with either
an oral or written communication, or by electronic mail, if an
electronic mail address is available. Nothing in this subdivision
requires that the law enforcement agency communicate with the victim
or the victim's designee regarding the status of DNA testing absent a
specific request from the victim or the victim's designee.
(2) Subject to the commitment of sufficient resources to respond
to requests for information, ***ual assault victims have the
following rights:
(A) The right to be informed whether or not a DNA profile of the
assailant was obtained from the testing of the rape kit evidence or
other crime scene evidence from their case.
(B) The right to be informed whether or not the DNA profile of the
assailant developed from the rape kit evidence or other crime scene
evidence has been entered into the Department of Justice Data Bank of
case evidence.
(C) The right to be informed whether or not there is a match
between the DNA profile of the assailant developed from the rape kit
evidence or other crime scene evidence and a DNA profile contained in
the Department of Justice Convicted Offender DNA Data Base, provided
that disclosure would not impede or compromise an ongoing
investigation.
(3) This subdivision is intended to encourage law enforcement
agencies to notify victims of information which is in their
possession. It is not intended to affect the manner of or frequency
with which the Department of Justice provides this information to law
enforcement agencies.
(d) If the law enforcement agency elects not to analyze DNA
evidence within the time limits established by subparagraphs (A) and
(B) of paragraph (1) of subdivision (i) of Section 803, a victim of a
***ual assault offense specified in Section 261, 261.5, 262, 286,
288a, or 289, where the identity of the perpetrator is in issue,
shall be informed, either orally or in writing, of that fact by the
law enforcement agency.
(e) If the law enforcement agency intends to destroy or dispose of
rape kit evidence or other crime scene evidence from an unsolved
***ual assault case prior to the expiration of the statute of
limitations as set forth in Section 803, a victim of a violation of
Section 261, 261.5, 262, 286, 288a, or 289 shall be given written
notification by the law enforcement agency of that intention.
(f) Written notification under subdivision (d) or (e) shall be
made at least 60 days prior to the destruction or disposal of the
rape kit evidence or other crime scene evidence from an unsolved
***ual assault case where the election not to analyze the DNA or the
destruction or disposal occurs prior to the expiration of the statute
of limitations specified in subdivision (i) of Section 803.
(g) A ***ual assault victim may designate a ***ual assault victim
advocate, or other support person of the victim's choosing, to act as
a recipient of the above information required to be provided by this
section.
(h) It is the intent of the Legislature that a law enforcement
agency responsible for providing information under subdivision (c) do
so in a timely manner and, upon request of the victim or the victim'
s designee, advise the victim or the victim's designee of any
significant changes in the information of which the law enforcement
agency is aware. In order to be entitled to receive notice under
this section, the victim or the victim's designee shall keep
appropriate authorities informed of the name, address, telephone
number, and electronic mail address of the person to whom the
information should be provided, and any changes of the name, address,
telephone number, and electronic mail address, if an electronic
mailing address is available.
(i) A defendant or person accused or convicted of a crime against
the victim shall have no standing to object to any failure to comply
with this section. The failure to provide a right or notice to a
***ual assault victim under this section may not be used by a
defendant to seek to have the conviction or sentence set aside.
(j) The sole civil or criminal remedy available to a ***ual
assault victim for a law enforcement agency's failure to fulfill its
responsibilities under this section is standing to file a writ of
mandamus to require compliance with subdivision (d) or (e).[/align]
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]
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.
[/align]
Crimes committed while in custody in correctional
[align=left]
CRIMES COMMITTED WHILE IN CUSTODY IN CORRECTIONAL
FACILITIES
653.75. Any person who commits any public offense while in custody
in any local detention facility, as defined in Section 6031.4, or any
state prison, as defined in Section 4504, is guilty of a crime.
That crime shall be punished as provided in the section prescribing
the punishment for that public offense.
[/align]
Rights of victims and witnesses of crime
[align=left]
679. In recognition of the civil and moral duty of victims and
witnesses of crime to fully and voluntarily cooperate with law
enforcement and prosecutorial agencies, and in further recognition of
the continuing importance of this citizen cooperation to state and
local law enforcement efforts and the general effectiveness and
well-being of the criminal justice system of this state, the
Legislature declares its intent, in the enactment of this title, to
ensure that all victims and witnesses of crime are treated with
dignity, respect, courtesy, and sensitivity. It is the further
intent that the rights enumerated in Section 679.02 relating to
victims and witnesses of crime are honored and protected by law
enforcement agencies, prosecutors, and judges in a manner no less
vigorous than the protections afforded criminal defendants. It is
the intent of the Legislature to add to Section 679.02 references to
new rights as or as soon after they are created. The failure to
enumerate in that section a right which is enumerated elsewhere in
the law shall not be deemed to diminish the importance or
enforceability of that right.
679.01. As used in this title, the following definitions shall
control:
(a) "Crime" means an act committed in this state which, if
committed by a competent adult, would constitute a misdemeanor or
felony.
(b) "Victim" means a person against whom a crime has been
committed.
(c) "Witness" means any person who has been or is expected to
testify for the prosecution, or who, by reason of having relevant
information, is subject to call or likely to be called as a witness
for the prosecution, whether or not any action or proceeding has yet
been commenced.
679.02. (a) The following are hereby established as the statutory
rights of victims and witnesses of crimes:
(1) To be notified as soon as feasible that a court proceeding to
which he or she has been subpoenaed as a witness will not proceed as
scheduled, provided the prosecuting attorney determines that the
witness' attendance is not required.
(2) Upon request of the victim or a witness, to be informed by the
prosecuting attorney of the final disposition of the case, as
provided by Section 11116.10.
(3) For the victim, the victim's parents or guardian if the victim
is a minor, or the next of kin of the victim if the victim has died,
to be notified of all sentencing proceedings, and of the right to
appear, to reasonably express his or her views, have those views
preserved by audio or video means as provided in Section 1191.16, and
to have the court consider his or her statements, as provided by
Sections 1191.1 and 1191.15.
(4) For the victim, the victim's parents or guardian if the victim
is a minor, or the next of kin of the victim if the victim has died,
to be notified of all juvenile disposition hearings in which the
alleged act would have been a felony if committed by an adult, and of
the right to attend and to express his or her views, as provided by
Section 656.2 of the Welfare and Institutions Code.
(5) Upon request by the victim or the next of kin of the victim if
the victim has died, to be notified of any parole eligibility
hearing and of the right to appear, either personally as provided by
Section 3043 of this code, or by other means as provided by Sections
3043.2 and 3043.25 of this code, to reasonably express his or her
views, and to have his or her statements considered, as provided by
Section 3043 of this code and by Section 1767 of the Welfare and
Institutions Code.
(6) Upon request by the victim or the next of kin of the victim if
the crime was a homicide, to be notified of an inmate's placement in
a reentry or work furlough program, or notified of the inmate's
escape as provided by Section 11155.
(7) To be notified that he or she may be entitled to witness fees
and mileage, as provided by Section 1329.1.
(8) For the victim, to be provided with information concerning the
victim's right to civil recovery and the opportunity to be
compensated from the Restitution Fund pursuant to Chapter 5
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code and Section 1191.2 of this code.
(9) To the expeditious return of his or her property which has
allegedly been stolen or embezzled, when it is no longer needed as
evidence, as provided by Chapter 12 (commencing with Section 1407)
and Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.
(10) To an expeditious disposition of the criminal action.
(11) To be notified, if applicable, in accordance with Sections
679.03 and 3058.8 if the defendant is to be placed on parole.
(12) To be notified by the district attorney's office where the
case involves a violent felony, as defined in subdivision (c) of
Section 667.5, or in the event of a homicide, the victim's next of
kin, of a pending pretrial disposition before a change of plea is
entered before a judge.
(A) A victim of any felony may request to be notified, by the
district attorney's office, of a pretrial disposition.
(B) If it is not possible to notify the victim of the pretrial
disposition before the change of plea is entered, the district
attorney's office or the county probation department shall notify the
victim as soon as possible.
(C) The victim may be notified by any reasonable means available.
Nothing in this paragraph is intended to affect the right of the
people and the defendant to an expeditious disposition as provided in
Section 1050.
(13) For the victim, to be notified by the district attorney's
office of the right to request, upon a form provided by the district
attorney's office, and receive a notice pursuant to paragraph (14),
if the defendant is convicted of any of the following offenses:
(A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289, in violation of
Section 220.
(B) A violation of Section 207 or 209 committed with the intent to
commit a violation of Section 261, 262, 286, 288, 288a, or 289.
(C) Rape, in violation of Section 261.
(D) Oral copulation, in violation of Section 288a.
(E) Sodomy, in violation of Section 286.
(F) A violation of Section 288.
(G) A violation of Section 289.
(14) When a victim has requested notification pursuant to
paragraph (13), the sheriff shall inform the victim that the person
who was convicted of the offense has been ordered to be placed on
probation, and give the victim notice of the proposed date upon which
the person will be released from the custody of the sheriff.
(b) The rights set forth in subdivision (a) shall be set forth in
the information and educational materials prepared pursuant to
Section 13897.1. The information and educational materials shall be
distributed to local law enforcement agencies and local victims'
programs by the Victims' Legal Resource Center established pursuant
to Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(c) Local law enforcement agencies shall make available copies of
the materials described in subdivision (b) to victims and witnesses.
(d) Nothing in this section is intended to affect the rights and
services provided to victims and witnesses by the local assistance
centers for victims and witnesses.
679.026. (a) It is the intent of the people of the State of
California in enacting this section to implement the rights of
victims of crime established in Section 28 of Article I of the
California Constitution to be informed of the rights of crime victims
enumerated in the Constitution and in the statutes of this state.
(b) Every victim of crime has the right to receive without cost or
charge a list of the rights of victims of crime recognized in
Section 28 of Article I of the California Constitution. These rights
shall be known as "Marsy Rights."
(c) (1) Every law enforcement agency investigating a criminal act
and every agency prosecuting a criminal act shall, as provided
herein, at the time of initial contact with a crime victim, during
follow-up investigation, or as soon thereafter as deemed appropriate
by investigating officers or prosecuting attorneys, provide or make
available to each victim of the criminal act without charge or cost a
"Marsy Rights" card described in paragraphs (3) and (4).
(2) The victim disclosures required under this section shall be
available to the public at a state funded and maintained Web site
authorized pursuant to Section 14260 of the Penal Code to be known as
"Marsy's Page."
(3) The Attorney General shall design and make available in ".pdf"
or other imaging format to every agency listed in paragraph (1) a
"Marsy Rights" card, which shall contain the rights of crime victims
described in subdivision (b) of Section 28 of Article I of the
California Constitution, information on the means by which a crime
victim can access the web page described in paragraph (2), and a
toll-free telephone number to enable a crime victim to contact a
local victim's assistance office.
(4) Every law enforcement agency which investigates criminal
activity shall, if provided without cost to the agency by any
organization classified as a nonprofit organization under paragraph
(3) of subdivision (c) of Section 501 of the Internal Revenue Code,
make available and provide to every crime victim a "Victims' Survival
and Resource Guide" pamphlet and/or video that has been approved by
the Attorney General. The "Victims' Survival and Resource Guide" and
video shall include an approved "Marsy Rights" card, a list of
government agencies, nonprofit victims' rights groups, support
groups, and local resources that assist crime victims, and any other
information which the Attorney General determines might be helpful to
victims of crime.
(5) Any agency described in paragraph (1) may in its discretion
design and distribute to each victim of a criminal act its own
Victims' Survival and Resource Guide and video, the contents of which
have been approved by the Attorney General, in addition to or in
lieu of the materials described in paragraph (4).
679.03. (a) With respect to the conviction of a defendant involving
a violent offense, as defined in subdivision (b) of Section 12021.1,
the county district attorney, probation department, and
victim-witness coordinator shall confer and establish an annual
policy within existing resources to decide which one of their
agencies shall inform each witness involved in the conviction who was
threatened by the defendant following the defendant's arrest and
each victim or next of kin of the victim of that offense of the right
to request and receive a notice pursuant to Section 3058.8 or 3605.
If no agreement is reached, the presiding judge shall designate the
appropriate county agency or department to provide this notification.
(b) The Department of Corrections shall supply a form to the
agency designated pursuant to subdivision (a) in order to enable
persons specified in subdivision (a) to request and receive
notification from the department of the release, escape, scheduled
execution, or death of the violent offender. That agency shall give
the form to the victim, witness, or next of kin of the victim for
completion, explain to that person or persons the right to be so
notified, and forward the completed form to the department. The
department or the Board of Prison Terms is responsible for notifying
all victims, witnesses, or next of kin of victims who request to be
notified of a violent offender's release or scheduled execution, as
provided by Sections 3058.8 and 3605.
(c) All information relating to any person receiving notice
pursuant to subdivision (b) shall remain confidential and is not
subject to disclosure pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Title 7 of Division 1
of the Government Code).
679.04. (a) A victim of ***ual assault as the result of any offense
specified in paragraph (1) of subdivision (b) of Section 264.2 has
the right to have victim advocates and a support person of the victim'
s choosing present at any interview by law enforcement authorities,
district attorneys, or defense attorneys. However, the support person
may be excluded from an interview by law enforcement or the district
attorney if the law enforcement authority or the district attorney
determines that the presence of that individual would be detrimental
to the purpose of the interview. As used in this section, "victim
advocate" means a ***ual assault counselor, as defined in Section
1035.2 of the Evidence Code, or a victim advocate working in a center
established under Article 2 (commencing with Section 13835) of
Chapter 4 of Title 6 of Part 4.
(b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the district attorney pertaining to any
criminal action arising out of a ***ual assault, a victim of ***ual
assault as the result of any offense specified in Section 264.2 shall
be notified orally or in writing by the attending law enforcement
authority or district attorney that the victim has the right to have
victim advocates and a support person of the victim's choosing
present at the interview or contact. This subdivision applies to
investigators and agents employed or retained by law enforcement or
the district attorney.
(2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
district attorney shall also advise the victim of the right to have
victim advocates and a support person present at any interview by the
defense attorney or investigators or agents employed by the defense
attorney.
(c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
679.05. (a) A victim of domestic violence or abuse, as defined in
Sections 6203 or 6211 of the Family Code, or Section 13700 of the
Penal Code, has the right to have a domestic violence advocate and a
support person of the victim's choosing present at any interview by
law enforcement authorities, prosecutors, or defense attorneys.
However, the support person may be excluded from an interview by law
enforcement or the prosecutor if the law enforcement authority or the
prosecutor determines that the presence of that individual would be
detrimental to the purpose of the interview. As used in this section,
"domestic violence advocate" means either a person employed by a
program specified in Section 13835.2 for the purpose of rendering
advice or assistance to victims of domestic violence, or a domestic
violence counselor, as defined in Section 1037.1 of the Evidence
Code. Prior to being present at any interview conducted by law
enforcement authorities, prosecutors, or defense attorneys, a
domestic violence advocate shall advise the victim of any applicable
limitations on the confidentiality of communications between the
victim and the domestic violence advocate.
(b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the prosecutor pertaining to any criminal
action arising out of a domestic violence incident, a victim of
domestic violence or abuse, as defined in Section 6203 or 6211 of the
Family Code, or Section 13700 of this code, shall be notified orally
or in writing by the attending law enforcement authority or
prosecutor that the victim has the right to have a domestic violence
advocate and a support person of the victim's choosing present at the
interview or contact. This subdivision applies to investigators and
agents employed or retained by law enforcement or the prosecutor.
(2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
prosecutor shall also advise the victim of the right to have a
domestic violence advocate and a support person present at any
interview by the defense attorney or investigators or agents employed
by the defense attorney.
(c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
679.08. (a) (1) Whenever there has been a crime committed against a
victim, the law enforcement officer assigned to the case may provide
the victim of the crime with a "Victim's Rights Card," as specified
in subdivision (b).
(2) This section shall be operative in a city or county only upon
the adoption of a resolution by the city council or board of
supervisors to that effect.
(3) This section shall not be interpreted as replacing or
prohibiting any services currently offered to victims of crime by any
agency or person affected by this section.
(b) A "Victim's Rights Card" means a card or paper that provides a
printed notice with a disclaimer, in at least 10-point type, to a
victim of a crime regarding potential services that may be available
under existing state law to assist the victim. The printed notice
shall include the following language or language substantially
similar to the following:
"California law provides crime victims with important rights. If
you are a victim of crime, you may be entitled to the assistance of a
victim advocate who can answer many of the questions you might have
about the criminal justice system."
"Victim advocates can assist you with the following:
(1) Explaining what information you are entitled to receive while
criminal proceedings are pending.
(2) Assisting you in applying for restitution to compensate you
for crime-related losses.
(3) Communicating with the prosecution.
(4) Assisting you in receiving victim support services.
(5) Helping you prepare a victim impact statement before an
offender is sentenced."
"To speak with a victim advocate, please call any of the following
numbers:"
(Set forth the name and phone number, including area code, of all
victim advocate agencies in the local jurisdiction)
"PLEASE NOTE THAT THIS INFORMATION IS PROVIDED IN AN ATTEMPT TO
ASSIST THE VICTIM, BY NOTIFYING THE VICTIM ABOUT SOME, BUT NOT
NECESSARILY ALL, SERVICES AVAILABLE TO THE VICTIM; THE PROVISION OF
THIS INFORMATION AND THE INFORMATION CONTAINED THEREIN IS NOT LEGAL
ADVICE AND IS NOT INTENDED TO CONSTITUTE A GUARANTEE OF ANY VICTIM'S
RIGHTS OR OF A VICTIM'S ELIGIBILITY OR ENTITLEMENT TO ANY SPECIFIC
BENEFITS OR SERVICES."
(c) Any act or omission covered by this section is a discretionary
act pursuant to Section 820.2 of the Government Code.
680. (a) This section shall be known as and may be cited as the
"***ual Assault Victims' DNA Bill of Rights."
(b) The Legislature finds and declares all of the following:
(1) Deoxyribonucleic acid (DNA) and forensic identification
analysis is a powerful law enforcement tool for identifying and
prosecuting ***ual assault offenders.
(2) Victims of ***ual assaults have a strong interest in the
investigation and prosecution of their cases.
(3) Law enforcement agencies have an obligation to victims of
***ual assaults in the proper handling, retention and timely DNA
testing of rape kit evidence or other crime scene evidence and to be
responsive to victims concerning the developments of forensic testing
and the investigation of their cases.
(4) The growth of the Department of Justice's Cal-DNA databank and
the national databank through the Combined DNA Index System (CODIS)
makes it possible for many ***ual assault perpetrators to be
identified after their first offense, provided that rape kit evidence
is analyzed in a timely manner.
(5) Timely DNA analysis of rape kit evidence is a core public
safety issue affecting men, women, and children in the State of
California. It is the intent of the Legislature, in order to further
public safety, to encourage DNA analysis of rape kit evidence within
the time limits imposed by subparagraphs (A) and (B) of paragraph
(1) of subdivision (i) of Section 803.
(6) A law enforcement agency assigned to investigate a ***ual
assault offense specified in Section 261, 261.5, 262, 286, 288a, or
289 should perform DNA testing of rape kit evidence or other crime
scene evidence in a timely manner in order to assure the longest
possible statute of limitations, pursuant to subparagraphs (A) and
(B) of paragraph (1) of subdivision (i) of Section 803.
(7) For the purpose of this section, "law enforcement" means the
law enforcement agency with the primary responsibility for
investigating an alleged ***ual assault.
(c) (1) Upon the request of a ***ual assault victim the law
enforcement agency investigating a violation of Section 261, 261.5,
262, 286, 288a, or 289 may inform the victim of the status of the DNA
testing of the rape kit evidence or other crime scene evidence from
the victim's case. The law enforcement agency may, at its
discretion, require that the victim's request be in writing. The law
enforcement agency may respond to the victim's request with either
an oral or written communication, or by electronic mail, if an
electronic mail address is available. Nothing in this subdivision
requires that the law enforcement agency communicate with the victim
or the victim's designee regarding the status of DNA testing absent a
specific request from the victim or the victim's designee.
(2) Subject to the commitment of sufficient resources to respond
to requests for information, ***ual assault victims have the
following rights:
(A) The right to be informed whether or not a DNA profile of the
assailant was obtained from the testing of the rape kit evidence or
other crime scene evidence from their case.
(B) The right to be informed whether or not the DNA profile of the
assailant developed from the rape kit evidence or other crime scene
evidence has been entered into the Department of Justice Data Bank of
case evidence.
(C) The right to be informed whether or not there is a match
between the DNA profile of the assailant developed from the rape kit
evidence or other crime scene evidence and a DNA profile contained in
the Department of Justice Convicted Offender DNA Data Base, provided
that disclosure would not impede or compromise an ongoing
investigation.
(3) This subdivision is intended to encourage law enforcement
agencies to notify victims of information which is in their
possession. It is not intended to affect the manner of or frequency
with which the Department of Justice provides this information to law
enforcement agencies.
(d) If the law enforcement agency elects not to analyze DNA
evidence within the time limits established by subparagraphs (A) and
(B) of paragraph (1) of subdivision (i) of Section 803, a victim of a
***ual assault offense specified in Section 261, 261.5, 262, 286,
288a, or 289, where the identity of the perpetrator is in issue,
shall be informed, either orally or in writing, of that fact by the
law enforcement agency.
(e) If the law enforcement agency intends to destroy or dispose of
rape kit evidence or other crime scene evidence from an unsolved
***ual assault case prior to the expiration of the statute of
limitations as set forth in Section 803, a victim of a violation of
Section 261, 261.5, 262, 286, 288a, or 289 shall be given written
notification by the law enforcement agency of that intention.
(f) Written notification under subdivision (d) or (e) shall be
made at least 60 days prior to the destruction or disposal of the
rape kit evidence or other crime scene evidence from an unsolved
***ual assault case where the election not to analyze the DNA or the
destruction or disposal occurs prior to the expiration of the statute
of limitations specified in subdivision (i) of Section 803.
(g) A ***ual assault victim may designate a ***ual assault victim
advocate, or other support person of the victim's choosing, to act as
a recipient of the above information required to be provided by this
section.
(h) It is the intent of the Legislature that a law enforcement
agency responsible for providing information under subdivision (c) do
so in a timely manner and, upon request of the victim or the victim'
s designee, advise the victim or the victim's designee of any
significant changes in the information of which the law enforcement
agency is aware. In order to be entitled to receive notice under
this section, the victim or the victim's designee shall keep
appropriate authorities informed of the name, address, telephone
number, and electronic mail address of the person to whom the
information should be provided, and any changes of the name, address,
telephone number, and electronic mail address, if an electronic
mailing address is available.
(i) A defendant or person accused or convicted of a crime against
the victim shall have no standing to object to any failure to comply
with this section. The failure to provide a right or notice to a
***ual assault victim under this section may not be used by a
defendant to seek to have the conviction or sentence set aside.
(j) The sole civil or criminal remedy available to a ***ual
assault victim for a law enforcement agency's failure to fulfill its
responsibilities under this section is standing to file a writ of
mandamus to require compliance with subdivision (d) or (e).[/align]
Of the prevention of public offenses
[align=left]
OF LAWFUL RESISTANCE
692. Lawful resistance to the commission of a public offense may be
made:
1. By the party about to be injured;
2. By other parties.
693. Resistance sufficient to prevent the offense may be made by
the party about to be injured:
1. To prevent an offense against his person, or his family, or
some member thereof.
2. To prevent an illegal attempt by force to take or injure
property in his lawful possession.
694. Any other person, in aid or defense of the person about to be
injured, may make resistance sufficient to prevent the offense.
[/align]
Of the intervention of the officers of justice
[align=left]
697. Public offenses may be prevented by the intervention of the
officers of justice:
1. By requiring security to keep the peace;
2. By forming a police in cities and towns, and by requiring their
attendance in exposed places;
3. By suppressing riots.
698. When the officers of justice are authorized to act in the
prevention of public offenses, other persons, who, by their command,
act in their aid, are justified in so doing.
[/align]
Security to keep the peace
[align=left]
701. An information may be laid before any of the magistrates
mentioned in Section 808, that a person has threatened to commit an
offense against the person or property of another.
701.5. (a) Notwithstanding subdivision (b), no peace officer or
agent of a peace officer shall use a person who is 12 years of age or
younger as a minor informant.
(b) No peace officer or agent of a peace officer shall use a
person under the age of 18 years as a minor informant, except as
authorized pursuant to the Stop Tobacco Access to Kids Enforcement
Act (Division 8.5 (commencing with Section 22950) of the Business and
Professions Code) for the purposes of that act, unless the peace
officer or agent of a peace officer has obtained an order from the
court authorizing the minor's cooperation.
(c) Prior to issuing any order pursuant to subdivision (b), the
court shall find, after consideration of (1) the age and maturity of
the minor, (2) the gravity of the minor's alleged offense, (3) the
safety of the public, and (4) the interests of justice, that the
agreement to act as a minor informant is voluntary and is being
entered into knowingly and intelligently.
(d) Prior to the court making the finding required in subdivision
(c), all of the following conditions shall be satisfied:
(1) The court has found probable cause that the minor committed
the alleged offense. The finding of probable cause shall only be for
the purpose of issuing the order pursuant to subdivision (b), and
shall not prejudice the minor in any future proceedings.
(2) The court has advised the minor of the mandatory minimum and
maximum sentence for the alleged offense.
(3) The court has disclosed the benefit the minor may obtain by
cooperating with the peace officer or agent of a peace officer.
(4) The minor's parent or guardian has consented to the agreement
by the minor unless the parent or guardian is a suspect in the
criminal investigation.
(e) For purposes of this section, "minor informant" means a minor
who participates, on behalf of a law enforcement agency, in a
prearranged transaction or series of prearranged transactions with
direct face-to-face contact with any party, when the minor's
participation in the transaction is for the purpose of obtaining or
attempting to obtain evidence of illegal activity by a third party
and where the minor is participating in the transaction for the
purpose of reducing or dismissing a pending juvenile petition against
the minor.
702. When the information is laid before such magistrate he must
examine on oath the informer, and any witness he may produce, and
must take their depositions in writing, and cause them to be
subscribed by the parties making them.
703. If it appears from the depositions that there is just reason
to fear the commission of the offense threatened, by the person so
informed against, the magistrate must issue a warrant, directed
generally to the sheriff of the county, or any marshal, or policeman
in the state, reciting the substance of the information, and
commanding the officer forthwith to arrest the person informed of and
bring him or her before the magistrate.
704. When the person informed against is brought before the
magistrate, if the charge be controverted, the magistrate shall take
testimony in relation thereto. The evidence shall be reduced to
writing and subscribed by the witnesses. The magistrate may, in his
or her discretion, order the testimony and proceedings to be taken
down in shorthand, and for that purpose he or she may appoint a
shorthand reporter. The deposition or testimony of the witnesses
shall be authenticated in the form prescribed in Section 869.
705. If it appears that there is no just reason to fear the
commission of the offense alleged to have been threatened, the person
complained of must be discharged.
706. If, however, there is just reason to fear the commission of
the offense, the person complained of may be required to enter into
an undertaking in such sum, not exceeding five thousand dollars, as
the magistrate may direct, to keep the peace towards the people of
this state, and particularly towards the informer. The undertaking
is valid and binding for six months, and may, upon the renewal of the
information, be extended for a longer period, or a new undertaking
may be required.
707. If the undertaking required by the last section is given, the
party informed of must be discharged. If he does not give it, the
magistrate must commit him to prison, specifying in the warrant the
requirement to give security, the amount thereof, and the omission to
give the same.
708. If the person complained of is committed for not giving the
undertaking required, he may be discharged by any magistrate, upon
giving the same.
709. The undertaking must be filed by the magistrate in the office
of the Clerk of the county.
710. A person who, in the presence of a Court or magistrate,
assaults or threatens to assault another, or to commit an offense
against his person or property, or who contends with another with
angry words, may be ordered by the Court or magistrate to give
security, as in this Chapter provided, and if he refuse to do so, may
be committed as provided in Section 707.
711. Upon the conviction of the person informed against of a breach
of the peace, the undertaking is broken.
712. Upon the District Attorney's producing evidence of such
conviction to the Superior Court of the county, the Court must order
the undertaking to be prosecuted, and the District Attorney must
thereupon commence an action upon it in the name of the people of
this State.
713. In the action the offense stated in the record of conviction
must be alleged as a breach of the undertaking, and such record is
conclusive evidence of the breach.
714. Security to keep the peace, or be of good behavior, cannot be
required except as prescribed in this Chapter.[/align]
Additional provisions regarding criminal procedure
[align=left]
OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES
777. Every person is liable to punishment by the laws of this
State, for a public offense committed by him therein, except where it
is by law cognizable exclusively in the courts of the United States;
and except as otherwise provided by law the jurisdiction of every
public offense is in any competent court within the jurisdictional
territory of which it is committed.
777a. If a parent violates the provisions of Section 270 of this
code, the jurisdiction of such offense is in any competent court of
either the jurisdictional territory in which the minor child is cared
for or in which such parent is apprehended.
777b. Perjury, in violation of Section 118, committed outside of
the State of California is punishable in a competent court in the
jurisdictional territory in this state in which occurs the act,
transaction, matter, action, or proceeding, in relation to which the
testimony, declaration, deposition, or certification was given or
made.
778. When the commission of a public offense, commenced without the
State, is consummated within its boundaries by a defendant, himself
outside the State, through the intervention of an innocent or guilty
agent or any other means proceeding directly from said defendant, he
is liable to punishment therefor in this State in any competent court
within the jurisdictional territory of which the offense is
consummated.
778a. (a) Whenever a person, with intent to commit a crime, does
any act within this state in execution or part execution of that
intent, which culminates in the commission of a crime, either within
or without this state, the person is punishable for that crime in
this state in the same manner as if the crime had been committed
entirely within this state.
(b) Whenever a person who, within this state, kidnaps another
person within the meaning of Sections 207 and 209, and thereafter
carries the person into another state or country and commits any
crime of violence or theft against that person in the other state or
country, the person is punishable for that crime of violence or theft
in this state in the same manner as if the crime had been committed
within this state.
778b. Every person who, being out of this state, causes, aids,
advises, or encourages any person to commit a crime within this
state, and is afterwards found within this state, is punishable in
the same manner as if he had been within this state when he caused,
aided, advised, or encouraged the commission of such crime.
781. When a public offense is committed in part in one
jurisdictional territory and in part in another, or the acts or
effects thereof constituting or requisite to the consummation of the
offense occur in two or more jurisdictional territories, the
jurisdiction of such offense is in any competent court within either
jurisdictional territory.
782. When a public offense is committed on the boundary of two or
more jurisdictional territories, or within 500 yards thereof, the
jurisdiction of such offense is in any competent court within either
jurisdictional territory.
783. When a public offense is committed in this State, on board a
vessel navigating a river, bay, slough, lake, or canal, or lying
therein, in the prosecution of its voyage, or on a railroad train or
car, motor vehicle, common carrier transporting passengers or on an
aircraft prosecuting its trip, the jurisdiction is in any competent
court, through, on, or over the jurisdictional territory of which the
vessel, train, car, motor vehicle, common carrier or aircraft passes
in the course of its voyage or trip, or in the jurisdictional
territory of which the voyage or trip terminates.
783.5. When a public offense is committed in a park situated in
more than one county, the jurisdiction over such an offense is in any
competent court in any county in which any part of the park is
situated. "Park," as used in this section means any area of land, or
water, or both, which has been designated as a park or recreation
area by any public agency or political subdivision of this state.
784. The jurisdiction of a criminal action:
(a) For forcibly and without lawful authority seizing and
confining another, or inveigling or kidnapping another, with intent,
against his or her will, to cause him or her to be secretly confined
or imprisoned in this state, or to be sent out of the state, or from
one county to another, or to be sold as a slave, or in any way held
to service;
(b) For inveigling, enticing, or taking away any person for the
purpose of concubinage or prostitution, as defined in subdivision (b)
of Section 647;
Is in any competent court within the jurisdictional territory in
which the offense was committed, or in the jurisdictional territory
out of which the person upon whom the offense was committed was taken
or within the jurisdictional territory in which an act was done by
the defendant in instigating, procuring, promoting, or aiding in the
commission of the offense, or in abetting the parties concerned
therein.
784.5. The jurisdiction of a criminal action for a violation of
Section 277, 278, or 278.5 shall be in any one of the following
jurisdictional territories:
(a) Any jurisdictional territory in which the victimized person
resides, or where the agency deprived of custody is located, at the
time of the taking or deprivation.
(b) The jurisdictional territory in which the minor child was
taken, detained, or concealed.
(c) The jurisdictional territory in which the minor child is
found.
When the jurisdiction lies in more than one jurisdictional
territory, the district attorneys concerned may agree which of them
will prosecute the case.
784.7. (a) When more than one violation of Section 220, except
assault with intent to commit mayhem, 261, 262, 264.1, 269, 286, 288,
288a, 288.5, or 289 occurs in more than one jurisdictional
territory, the jurisdiction of any of those offenses, and for any
offenses properly joinable with that offense, is in any jurisdiction
where at least one of the offenses occurred, subject to a hearing,
pursuant to Section 954, within the jurisdiction of the proposed
trial. At the Section 954 hearing, the prosecution shall present
evidence in writing that all district attorneys in counties with
jurisdiction of the offenses agree to the venue. Charged offenses
from jurisdictions where there is no written agreement from the
district attorney shall be returned to that jurisdiction.
(b) When more than one violation of Section 273a, 273.5, or 646.9
occurs in more than one jurisdictional territory, and the defendant
and the victim are the same for all of the offenses, the jurisdiction
of any of those offenses and for any offenses properly joinable with
that offense, is in any jurisdiction where at least one of the
offenses occurred.
785. When the offense of incest is committed in the jurisdictional
territory of one competent court and the defendant is apprehended in
the jurisdictional territory of another competent court the
jurisdiction is in either court.
When the offense of bigamy is committed, the jurisdiction is in
any competent court within the jurisdictional territory of which the
marriage took place, or cohabitation occurred or the defendant was
apprehended.
786. (a) When property taken in one jurisdictional territory by
burglary, carjacking, robbery, theft, or embezzlement has been
brought into another, or when property is received in one
jurisdictional territory with the knowledge that it has been stolen
or embezzled and the property was stolen or embezzled in another
jurisdictional territory, the jurisdiction of the offense is in any
competent court within either jurisdictional territory, or any
contiguous jurisdictional territory if the arrest is made within the
contiguous territory, the prosecution secures on the record the
defendant's knowing, voluntary, and intelligent waiver of the right
of vicinage, and the defendant is charged with one or more property
crimes in the arresting territory.
(b) (1) The jurisdiction of a criminal action for unauthorized use
of personal identifying information, as defined in Section 530.5 of
the Penal Code, shall also include the county where the theft of the
personal identifying information occurred, or the county where the
information was used for an illegal purpose. If multiple offenses of
unauthorized use of personal identifying information, all involving
the same defendant or defendants and the same personal identifying
information belonging to the one person, occur in multiple
jurisdictions, any one of those jurisdictions is a proper
jurisdiction for all of the offenses.
(2) When charges alleging multiple offenses of unauthorized use of
personal identifying information occurring in multiple territorial
jurisdictions are filed in one county pursuant to this section, the
court shall hold a hearing to consider whether the matter should
proceed in the county of filing, or whether one or more counts should
be severed. The district attorney filing the complaint shall
present evidence to the court that the district attorney in each
county where any of the charges could have been filed has agreed that
the matter should proceed in the county of filing. In determining
whether all counts in the complaint should be joined in one county
for prosecution, the court shall consider the location and complexity
of the likely evidence, where the majority of the offenses occurred,
the rights of the defendant and the people, and the convenience of,
or hardship to, the victim and witnesses.
(c) This section shall not be interpreted to alter victims' rights
under Section 530.6.
787. When multiple offenses punishable under one or more of
Sections 11418, 11418.5, and 11419 occur in more than one
jurisdictional territory, and the offenses are part of a single
scheme or terrorist attack, the jurisdiction of any of those offenses
is in any jurisdiction where at least one of those offenses
occurred.
788. The jurisdiction of a criminal action for treason, when the
overt act is committed out of the State, is in any county of the
State.
789. The jurisdiction of a criminal action for stealing or
embezzling, in any other state, the property of another, or receiving
it knowing it to have been stolen or embezzled, and bringing the
same into this State, is in any competent court into or through the
jurisdictional territory of which such stolen or embezzled property
has been brought.
790. (a) The jurisdiction of a criminal action for murder or
manslaughter is in the county where the fatal injury was inflicted or
in the county in which the injured party died or in the county in
which his or her body was found. However, if the defendant is
indicted in the county in which the fatal injury was inflicted, at
any time before his or her trial in another county, the sheriff of
the other county shall, if the defendant is in custody, deliver the
defendant upon demand to the sheriff of the county in which the fatal
injury was inflicted. When the fatal injury was inflicted and the
injured person died or his or her body was found within five hundred
yards of the boundary of two or more counties, jurisdiction is in
either county.
(b) If a defendant is charged with a special circumstance pursuant
to paragraph (3) of subdivision (a) of Section 190.2, the
jurisdiction for any charged murder, and for any crimes properly
joinable with that murder, shall be in any county that has
jurisdiction pursuant to subdivision (a) for one or more of the
murders charged in a single complaint or indictment as long as the
charged murders are "connected together in their commission," as that
phrase is used in Section 954, and subject to a hearing in the
jurisdiction where the prosecution is attempting to consolidate the
charged murders. If the charged murders are not joined or
consolidated, the murder that was charged outside of the county that
has jurisdiction pursuant to subdivision (a) shall be returned to
that county.
791. In the case of an accessory, as defined in Section 32, in the
commission of a public offense, the jurisdiction is in any competent
court within the jurisdictional territory of which the offense of the
accessory was committed, notwithstanding the principal offense was
committed in another jurisdictional territory.
792. The jurisdiction of a criminal action against a principal in
the commission of a public offense, when such principal is not
present at the commission of the offense is in the same court it
would be under this code if he were so present and aiding and
abetting therein.
793. When an act charged as a public offense is within the
jurisdiction of the United States, or of another state or territory
of the United States, as well as of this state, a conviction or
acquittal thereof in that other jurisdiction is a bar to the
prosecution or indictment in this state.
793.5. Any person convicted of a crime based upon an act or
omission for which he or she has been acquitted or convicted in
another country shall be entitled to credit for any actual time
served in custody in a penal institution in that country for the
crime.
794. Where an offense is within the jurisdiction of two or more
courts, a conviction or acquittal thereof in one court is a bar to a
prosecution therefor in another.
795. The jurisdiction of a violation of Sections 412, 413, or 414,
or a conspiracy to violate any of said sections, is in any competent
court within the jurisdictional territory of which:
First. Any act is done towards the commission of the offense; or,
Second. The offender passed, whether into, out of, or through it,
to commit the offense; or,
Third. The offender is arrested.
[/align]
Time of commencing criminal actions
[align=left]
799. Prosecution for an offense punishable by death or by
imprisonment in the state prison for life or for life without the
possibility of parole, or for the embezzlement of public money, may
be commenced at any time.
This section shall apply in any case in which the defendant was a
minor at the time of the commission of the offense and the
prosecuting attorney could have petitioned the court for a fitness
hearing pursuant to Section 707 of the Welfare and Institutions Code.
800. Except as provided in Section 799, prosecution for an offense
punishable by imprisonment in the state prison for eight years or
more shall be commenced within six years after commission of the
offense.
801. Except as provided in Sections 799 and 800, prosecution for an
offense punishable by imprisonment in the state prison shall be
commenced within three years after commission of the offense.
801.1. (a) Notwithstanding any other limitation of time described
in this chapter, prosecution for a felony offense described in
Section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5, as
enacted by Chapter 293 of the Statutes of 1991 relating to
penetration by an unknown object, that is alleged to have been
committed when the victim was under the age of 18 years, may be
commenced any time prior to the victim's 28th birthday.
(b) Notwithstanding any other limitation of time described in this
chapter, if subdivision (a) does not apply, prosecution for a felony
offense described in subdivision (c) of Section 290 shall be
commenced within 10 years after commission of the offense.
801.2. Notwithstanding any other limitation of time prescribed in
this chapter, prosecution for a violation of subdivision (b) of
Section 311.4 shall commence within 10 years of the date of
production of the pornographic material.
801.5. Notwithstanding Section 801 or any other provision of law,
prosecution for any offense described in subdivision (c) of Section
803 shall be commenced within four years after discovery of the
commission of the offense, or within four years after the completion
of the offense, whichever is later.
801.6. Notwithstanding any other limitation of time described in
this chapter, prosecution for any offense proscribed by Section 368,
except for a violation of any provision of law proscribing theft or
embezzlement, may be filed at any time within five years from the
date of occurrence of such offense.
802. (a) Except as provided in subdivision (b), (c), or (d),
prosecution for an offense not punishable by death or imprisonment in
the state prison shall be commenced within one year after commission
of the offense.
(b) Prosecution for a misdemeanor violation of Section 647.6 or
former Section 647a committed with or upon a minor under the age of
14 years shall be commenced within three years after commission of
the offense.
(c) Prosecution of a misdemeanor violation of Section 729 of the
Business and Professions Code shall be commenced within two years
after commission of the offense.
(d) Prosecution of a misdemeanor violation of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code shall be commenced as follows:
(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the
Business and Professions Code, within one year of the commission of
the offense.
(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4,
7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only),
7159.14 (licensee only), 7161, and 7189 of the Business and
Professions Code, within two years of the commission of the offense.
(3) With respect to Sections 7027.3 and 7028.16 of the Business
and Professions Code, within three years of the commission of the
offense.
(4) With respect to Sections 7028, 7159.5 (nonlicensee only) and
7159.14 (nonlicensee only), of the Business and Professions Code,
within four years of the commission of the offense.
(e) This section shall become operative on July 1, 2005, only if
Senate Bill 30 of the 2003-04 Regular Session is enacted and becomes
effective on or before January 1, 2005.
803. (a) Except as provided in this section, a limitation of time
prescribed in this chapter is not tolled or extended for any reason.
(b) No time during which prosecution of the same person for the
same conduct is pending in a court of this state is a part of a
limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense described in this
subdivision. This subdivision applies to an offense punishable by
imprisonment in the state prison, a material element of which is
fraud or breach of a fiduciary obligation, the commission of the
crimes of theft or embezzlement upon an elder or dependent adult, or
the basis of which is misconduct in office by a public officer,
employee, or appointee, including, but not limited to, the following
offenses:
(1) Grand theft of any type, forgery, falsification of public
records, or acceptance of a bribe by a public official or a public
employee.
(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3) A violation of Section 25540, of any type, or Section 25541 of
the Corporations Code.
(4) A violation of Section 1090 or 27443 of the Government Code.
(5) Felony welfare fraud or Medi-Cal fraud in violation of Section
11483 or 14107 of the Welfare and Institutions Code.
(6) Felony insurance fraud in violation of Section 548 or 550 of
this code or former Section 1871.1, or Section 1871.4, of the
Insurance Code.
(7) A violation of Section 580, 581, 582, 583, or 584 of the
Business and Professions Code.
(8) A violation of Section 22430 of the Business and Professions
Code.
(9) A violation of Section 10690 of the Health and Safety Code.
(10) A violation of Section 529a.
(11) A violation of subdivision (d) or (e) of Section 368.
(d) If the defendant is out of the state when or after the offense
is committed, the prosecution may be commenced as provided in
Section 804 within the limitations of time prescribed by this
chapter, and no time up to a maximum of three years during which the
defendant is not within the state shall be a part of those
limitations.
(e) A limitation of time prescribed in this chapter does not
commence to run until the offense has been discovered, or could have
reasonably been discovered, with regard to offenses under Division 7
(commencing with Section 13000) of the Water Code, under Chapter 6.5
(commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of,
Division 20 of, or Part 4 (commencing with Section 41500) of
Division 26 of, the Health and Safety Code, or under Section 386, or
offenses under Chapter 5 (commencing with Section 2000) of Division 2
of, Chapter 9 (commencing with Section 4000) of Division 2 of,
Section 6126 of, Chapter 10 (commencing with Section 7301) of
Division 3 of, or Chapter 19.5 (commencing with Section 22440) of
Division 8 of, the Business and Professions Code.
(f) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date of a report to a California law enforcement agency by a
person of any age alleging that he or she, while under the age of 18
years, was the victim of a crime described in Section 261, 286, 288,
288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of
the Statutes of 1991 relating to penetration by an unknown object.
(2) This subdivision applies only if all of the following occur:
(A) The limitation period specified in Section 800, 801, or 801.1,
whichever is later, has expired.
(B) The crime involved substantial ***ual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation that is
not mutual.
(C) There is independent evidence that corroborates the victim's
allegation. If the victim was 21 years of age or older at the time of
the report, the independent evidence shall clearly and convincingly
corroborate the victim's allegation.
(3) No evidence may be used to corroborate the victim's allegation
that otherwise would be inadmissible during trial. Independent
evidence does not include the opinions of mental health
professionals.
(4) (A) In a criminal investigation involving any of the crimes
listed in paragraph (1) committed against a child, when the
applicable limitations period has not expired, that period shall be
tolled from the time a party initiates litigation challenging a grand
jury subpoena until the end of the litigation, including any
associated writ or appellate proceeding, or until the final
disclosure of evidence to the investigating or prosecuting agency, if
that disclosure is ordered pursuant to the subpoena after the
litigation.
(B) Nothing in this subdivision affects the definition or
applicability of any evidentiary privilege.
(C) This subdivision shall not apply where a court finds that the
grand jury subpoena was issued or caused to be issued in bad faith.
(g) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date on which the identity of the suspect is conclusively
established by DNA testing, if both of the following conditions are
met:
(A) The crime is one that is described in subdivision (c) of
Section 290.
(B) The offense was committed prior to January 1, 2001, and
biological evidence collected in connection with the offense is
analyzed for DNA type no later than January 1, 2004, or the offense
was committed on or after January 1, 2001, and biological evidence
collected in connection with the offense is analyzed for DNA type no
later than two years from the date of the offense.
(2) For purposes of this section, "DNA" means deoxyribonucleic
acid.
(h) For any crime, the proof of which depends substantially upon
evidence that was seized under a warrant, but which is unavailable to
the prosecuting authority under the procedures described in People
v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior
Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c)
of Section 1524, relating to claims of evidentiary privilege or
attorney work product, the limitation of time prescribed in this
chapter shall be tolled from the time of the seizure until final
disclosure of the evidence to the prosecuting authority. Nothing in
this section otherwise affects the definition or applicability of any
evidentiary privilege or attorney work product.
803.5. With respect to a violation of Section 115 or 530.5, a
limitation of time prescribed in this chapter does not commence to
run until the discovery of the offense.
803.6. (a) If more than one time period described in this chapter
applies, the time for commencing an action shall be governed by that
period that expires the latest in time.
(b) Any change in the time period for the commencement of
prosecution described in this chapter applies to any crime if
prosecution for the crime was not barred on the effective date of the
change by the statute of limitations in effect immediately prior to
the effective date of the change.
(c) This section is declaratory of existing law.
804. Except as otherwise provided in this chapter, for the purpose
of this chapter, prosecution for an offense is commenced when any of
the following occurs:
(a) An indictment or information is filed.
(b) A complaint is filed charging a misdemeanor or infraction.
(c) A case is certified to the superior court.
(d) An arrest warrant or bench warrant is issued, provided the
warrant names or describes the defendant with the same degree of
particularity required for an indictment, information, or complaint.
805. For the purpose of determining the applicable limitation of
time pursuant to this chapter:
(a) An offense is deemed punishable by the maximum punishment
prescribed by statute for the offense, regardless of the punishment
actually sought or imposed. Any enhancement of punishment prescribed
by statute shall be disregarded in determining the maximum
punishment prescribed by statute for an offense.
(b) The limitation of time applicable to an offense that is
necessarily included within a greater offense is the limitation of
time applicable to the lesser included offense, regardless of the
limitation of time applicable to the greater offense.[/align]
Complaints before magistrates
[align=left]
806. A proceeding for the examination before a magistrate of a
person on a charge of a felony must be commenced by written complaint
under oath subscribed by the complainant and filed with the
magistrate. Such complaint may be verified on information and
belief. When the complaint is used as a pleading to which the
defendant pleads guilty under Section 859a of this code, the
complaint shall contain the same allegations, including the charge of
prior conviction or convictions of crime, as are required for
indictments and informations and, wherever applicable, shall be
construed and shall have substantially the same effect as provided in
this code for indictments and informations.
807. A magistrate is an officer having power to issue a warrant for
the arrest of a person charged with a public offense.
808. The following persons are magistrates:
(a) The judges of the Supreme Court.
(b) The judges of the courts of appeal.
(c) The judges of the superior courts.
809. The night-time commissioner of the Santa Clara County Superior
Court shall be considered a magistrate for the purpose of conducting
prompt probable cause hearings for persons arrested without an
arrest warrant as mandated by law.
810. (a) The presiding judge of the superior court in a county
shall, as often as is necessary, designate on a schedule not less
than one judge of the court to be reasonably available on call as a
magistrate for the setting of orders for discharge from actual
custody upon bail, the issuance of search warrants, and for such
other matters as may by the magistrate be deemed appropriate, at all
times when a court is not in session in the county.
(b) The officer in charge of a jail, or a person the officer
designates, in which an arrested person is held in custody shall
assist the arrested person or the arrested person's attorney in
contacting the magistrate on call as soon as possible for the purpose
of obtaining release on bail.
(c) Any telephone call made pursuant to this section by an
arrested person while in custody or by such person's attorney shall
not count or be considered as a telephone call for purposes of
Section 851.5 of the Penal Code.[/align]
Arrest, by whom and how made
[align=left]
833. A peace officer may search for dangerous weapons any person
whom he has legal cause to arrest, whenever he has reasonable cause
to believe that the person possesses a dangerous weapon. If the
officer finds a dangerous weapon, he may take and keep it until the
completion of the questioning, when he shall either return it or
arrest the person. The arrest may be for the illegal possession of
the weapon.
833.2. (a) It is the intent of the Legislature to encourage law
enforcement and county child welfare agencies to develop protocols in
collaboration with other local entities, which may include local
educational, judicial, correctional, and community-based
organizations, when appropriate, regarding how to best cooperate in
their response to the arrest of a caretaker parent or guardian of a
minor child, to ensure the child's safety and well-being.
(b) The Legislature encourages the Department of Justice to apply
to the federal government for a statewide training grant on behalf of
California law enforcement agencies, with the purpose of enabling
local jurisdictions to provide training for their law enforcement
officers to assist them in developing protocols and adequately
addressing issues related to child safety when a caretaker parent or
guardian is arrested.
833.5. (a) In addition to any other detention permitted by law, if
a peace officer has reasonable cause to believe that a person has a
firearm or other deadly weapon with him or her in violation of any
provision of law relating to firearms or deadly weapons the peace
officer may detain that person to determine whether a crime relating
to firearms or deadly weapons has been committed.
For purposes of this section "reasonable cause to detain" requires
that the circumstances known or apparent to the officer must
include specific and articulable facts causing him or her to suspect
that some offense relating to firearms or deadly weapons has taken
place or is occurring or is about to occur and that the person he or
she intends to detain is involved in that offense. The circumstances
must be such as would cause any reasonable peace officer in like
position, drawing when appropriate on his or her training and
experience, to suspect the same offense and the same involvement by
the person in question.
(b) Incident to any detention permitted pursuant to subdivision
(a), a peace officer may conduct a limited search of the person for
firearms or weapons if the peace officer reasonably concludes that
the person detained may be armed and presently dangerous to the peace
officer or others. Any firearm or weapon seized pursuant to a valid
detention or search pursuant to this section shall be admissible in
evidence in any proceeding for any purpose permitted by law.
(c) This section shall not be construed to otherwise limit the
authority of a peace officer to detain any person or to make an
arrest based on reasonable cause.
(d) This section shall not be construed to permit a peace officer
to conduct a detention or search of any person at the person's
residence or place of business absent a search warrant or other
reasonable cause to detain or search.
(e) If a firearm or weapon is seized pursuant to this section and
the person from whom it was seized owned the firearm or weapon and is
convicted of a violation of any offense relating to the possession
of such firearm or weapon, the court shall order the firearm or
weapon to be deemed a nuisance and disposed of in the manner provided
by Section 12028.
834. An arrest is taking a person into custody, in a case and in
the manner authorized by law. An arrest may be made by a peace
officer or by a private person.
834a. If a person has knowledge, or by the exercise of reasonable
care, should have knowledge, that he is being arrested by a peace
officer, it is the duty of such person to refrain from using force or
any weapon to resist such arrest.
834b. (a) Every law enforcement agency in California shall fully
cooperate with the United States Immigration and Naturalization
Service regarding any person who is arrested if he or she is
suspected of being present in the United States in violation of
federal immigration laws.
(b) With respect to any such person who is arrested, and suspected
of being present in the United States in violation of federal
immigration laws, every law enforcement agency shall do the
following:
(1) Attempt to verify the legal status of such person as a citizen
of the United States, an alien lawfully admitted as a permanent
resident, an alien lawfully admitted for a temporary period of time
or as an alien who is present in the United States in violation of
immigration laws. The verification process may include, but shall
not be limited to, questioning the person regarding his or her date
and place of birth, and entry into the United States, and demanding
documentation to indicate his or her legal status.
(2) Notify the person of his or her apparent status as an alien
who is present in the United States in violation of federal
immigration laws and inform him or her that, apart from any criminal
justice proceedings, he or she must either obtain legal status or
leave the United States.
(3) Notify the Attorney General of California and the United
States Immigration and Naturalization Service of the apparent illegal
status and provide any additional information that may be requested
by any other public entity.
(c) Any legislative, administrative, or other action by a city,
county, or other legally authorized local governmental entity with
jurisdictional boundaries, or by a law enforcement agency, to prevent
or limit the cooperation required by subdivision (a) is expressly
prohibited.
834c. (a) (1) In accordance with federal law and the provisions of
this section, every peace officer, upon arrest and booking or
detention for more than two hours of a known or suspected foreign
national, shall advise the foreign national that he or she has a
right to communicate with an official from the consulate of his or
her country, except as provided in subdivision (d). If the foreign
national chooses to exercise that right, the peace officer shall
notify the pertinent official in his or her agency or department of
the arrest or detention and that the foreign national wants his or
her consulate notified.
(2) The law enforcement official who receives the notification
request pursuant to paragraph (1) shall be guided by his or her
agency's procedures in conjunction with the Department of State
Guidelines Regarding Foreign Nationals Arrested or Detained in the
United States, and make the appropriate notifications to the consular
officers at the consulate of the arrestee.
(3) The law enforcement official in charge of the custodial
facility where an arrestee subject to this subdivision is located
shall ensure that the arrestee is allowed to communicate with,
correspond with, and be visited by, a consular officer of his or her
country.
(b) The 1963 Vienna Convention on Consular Relations Treaty was
signed by 140 nations, including the United States, which ratified
the agreement in 1969. This treaty guarantees that individuals
arrested or detained in a foreign country must be told by police
"without delay" that they have a right to speak to an official from
their country's consulate and if an individual chooses to exercise
that right a law enforcement official is required to notify the
consulate.
(c) California law enforcement agencies shall ensure that policy
or procedure and training manuals incorporate language based upon
provisions of the treaty that set forth requirements for handling the
arrest and booking or detention for more than two hours of a foreign
national pursuant to this section prior to December 31, 2000.
(d) Countries requiring mandatory notification under Article 36 of
the Vienna Convention shall be notified as set forth in this section
without regard to an arrested or detained foreign national's request
to the contrary. Those countries, as identified by the United
States Department of State on July 1, 1999, are as follows:
(1) Antigua and Barbuda.
(2) Armenia.
(3) Azerbaijan.
(4) The Bahamas.
(5) Barbados.
(6) Belarus.
(7) Belize.
(8) Brunei.
(9) Bulgaria.
(10) China.
(11) Costa Rica.
(12) Cyprus.
(13) Czech Republic.
(14) Dominica.
(15) Fiji.
(16) The Gambia.
(17) Georgia.
(18) Ghana.
(19) Grenada.
(20) Guyana.
(21) Hong Kong.
(22) Hungary.
(23) Jamaica.
(24) Kazakhstan.
(25) Kiribati.
(26) Kuwait.
(27) Kyrgyzstan.
(28) Malaysia.
(29) Malta.
(30) Mauritius.
(31) Moldova.
(32) Mongolia.
(33) Nigeria.
(34) Philippines.
(35) Poland (nonpermanent residents only).
(36) Romania.
(37) Russia.
(38) Saint Kitts and Nevis.
(39) Saint Lucia.
(40) Saint Vincent and the Grenadines.
(41) Seychelles.
(42) Sierra Leone.
(43) Singapore.
(44) Slovakia.
(45) Tajikistan.
(46) Tanzania.
(47) Tonga.
(48) Trinidad and Tobago.
(49) Turkmenistan.
(50) Tuvalu.
(51) Ukraine.
(52) United Kingdom.
(53) U.S.S.R.
(54) Uzbekistan.
(55) Zambia.
(56) Zimbabwe.
However, any countries requiring notification that the above list
does not identify because the notification requirement became
effective after July 1, 1999, shall also be required to be notified.
835. An arrest is made by an actual restraint of the person, or by
submission to the custody of an officer. The person arrested may be
subjected to such restraint as is reasonable for his arrest and
detention.
835a. Any peace officer who has reasonable cause to believe that
the person to be arrested has committed a public offense may use
reasonable force to effect the arrest, to prevent escape or to
overcome resistance.
A peace officer who makes or attempts to make an arrest need not
retreat or desist from his efforts by reason of the resistance or
threatened resistance of the person being arrested; nor shall such
officer be deemed an aggressor or lose his right to self-defense by
the use of reasonable force to effect the arrest or to prevent escape
or to overcome resistance.
836. (a) A peace officer may arrest a person in obedience to a
warrant, or, pursuant to the authority granted to him or her by
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
without a warrant, may arrest a person whenever any of the following
circumstances occur:
(1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer's presence.
(2) The person arrested has committed a felony, although not in
the officer's presence.
(3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in fact,
has been committed.
(b) Any time a peace officer is called out on a domestic violence
call, it shall be mandatory that the officer make a good faith effort
to inform the victim of his or her right to make a citizen's arrest.
This information shall include advising the victim how to safely
execute the arrest.
(c) (1) When a peace officer is responding to a call alleging a
violation of a domestic violence protective or restraining order
issued under Section 527.6 of the Code of Civil Procedure, the Family
Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of
Section 1203.097 of this code, Section 213.5 or 15657.03 of the
Welfare and Institutions Code, or of a domestic violence protective
or restraining order issued by the court of another state, tribe, or
territory and the peace officer has probable cause to believe that
the person against whom the order is issued has notice of the order
and has committed an act in violation of the order, the officer
shall, consistent with subdivision (b) of Section 13701, make a
lawful arrest of the person without a warrant and take that person
into custody whether or not the violation occurred in the presence of
the arresting officer. The officer shall, as soon as possible after
the arrest, confirm with the appropriate authorities or the Domestic
Violence Protection Order Registry maintained pursuant to Section
6380 of the Family Code that a true copy of the protective order has
been registered, unless the victim provides the officer with a copy
of the protective order.
(2) The person against whom a protective order has been issued
shall be deemed to have notice of the order if the victim presents to
the officer proof of service of the order, the officer confirms with
the appropriate authorities that a true copy of the proof of service
is on file, or the person against whom the protective order was
issued was present at the protective order hearing or was informed by
a peace officer of the contents of the protective order.
(3) In situations where mutual protective orders have been issued
under Division 10 (commencing with Section 6200) of the Family Code,
liability for arrest under this subdivision applies only to those
persons who are reasonably believed to have been the primary
aggressor. In those situations, prior to making an arrest under this
subdivision, the peace officer shall make reasonable efforts to
identify, and may arrest, the primary aggressor involved in the
incident. The primary aggressor is the person determined to be the
most significant, rather than the first, aggressor. In identifying
the primary aggressor, an officer shall consider (A) the intent of
the law to protect victims of domestic violence from continuing
abuse, (B) the threats creating fear of physical injury, (C) the
history of domestic violence between the persons involved, and (D)
whether either person involved acted in self-defense.
(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
commits an assault or battery upon a current or former spouse,
fiance, fiancee, a current or former cohabitant as defined in Section
6209 of the Family Code, a person with whom the suspect currently is
having or has previously had an engagement or dating relationship,
as defined in paragraph (10) of subdivision (f) of Section 243, a
person with whom the suspect has parented a child, or is presumed to
have parented a child pursuant to the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code), a
child of the suspect, a child whose parentage by the suspect is the
subject of an action under the Uniform Parentage Act, a child of a
person in one of the above categories, any other person related to
the suspect by consanguinity or affinity within the second degree, or
any person who is 65 years of age or older and who is related to the
suspect by blood or legal guardianship, a peace officer may arrest
the suspect without a warrant where both of the following
circumstances apply:
(1) The peace officer has probable cause to believe that the
person to be arrested has committed the assault or battery, whether
or not it has in fact been committed.
(2) The peace officer makes the arrest as soon as probable cause
arises to believe that the person to be arrested has committed the
assault or battery, whether or not it has in fact been committed.
(e) In addition to the authority to make an arrest without a
warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
peace officer may, without a warrant, arrest a person for a violation
of Section 12025 when all of the following apply:
(1) The officer has reasonable cause to believe that the person to
be arrested has committed the violation of Section 12025.
(2) The violation of Section 12025 occurred within an airport, as
defined in Section 21013 of the Public Utilities Code, in an area to
which access is controlled by the inspection of persons and property.
(3) The peace officer makes the arrest as soon as reasonable cause
arises to believe that the person to be arrested has committed the
violation of Section 12025.
836.1. When a person commits an assault or battery against the
person of a firefighter, emergency medical technician, or mobile
intensive care paramedic while that person is on duty engaged in the
performance of his or her duties in violation of subdivision (b) of
Section 241 or subdivision (b) of Section 243, a peace officer may,
without a warrant, arrest the person who commits the assault or
battery:
(a) Whenever the peace officer has reasonable cause to believe
that the person to be arrested has committed the assault or battery,
although the assault or battery was not committed in the peace
officer's presence.
(b) Whenever the peace officer has reasonable cause to believe
that the person to be arrested has committed the assault or battery,
whether or not the assault or battery has in fact been committed.
836.3. A peace officer may make an arrest in obedience to a warrant
delivered to him, or may, without a warrant, arrest a person who,
while charged with or convicted of a misdemeanor, has escaped from
any county or city jail, prison, industrial farm or industrial road
camp or from the custody of the officer or person in charge of him
while engaged on any county road or other county work or going to or
returning from such county road or other county work or from the
custody of any officer or person in whose lawful custody he is when
such escape is not by force or violence.
836.5. (a) A public officer or employee, when authorized by
ordinance, may arrest a person without a warrant whenever the officer
or employee has reasonable cause to believe that the person to be
arrested has committed a misdemeanor in the presence of the officer
or employee that is a violation of a statute or ordinance that the
officer or employee has the duty to enforce.
(b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any public officer or employee acting
pursuant to subdivision (a) and within the scope of his or her
authority for false arrest or false imprisonment arising out of any
arrest that is lawful or that the public officer or employee, at the
time of the arrest, had reasonable cause to believe was lawful. No
officer or employee shall be deemed an aggressor or lose his or her
right to self-defense by the use of reasonable force to effect the
arrest, prevent escape, or overcome resistance.
(c) In any case in which a person is arrested pursuant to
subdivision (a) and the person arrested does not demand to be taken
before a magistrate, the public officer or employee making the arrest
shall prepare a written notice to appear and release the person on
his or her promise to appear, as prescribed by Chapter 5C (commencing
with Section 853.5). The provisions of that chapter shall
thereafter apply with reference to any proceeding based upon the
issuance of a written notice to appear pursuant to this authority.
(d) The governing body of a local agency, by ordinance, may
authorize its officers and employees who have the duty to enforce a
statute or ordinance to arrest persons for violations of the statute
or ordinance as provided in subdivision (a).
(e) For purposes of this section, "ordinance" includes an order,
rule, or regulation of any air pollution control district.
(f) For purposes of this section, a "public officer or employee"
includes an officer or employee of a nonprofit transit corporation
wholly owned by a local agency and formed to carry out the purposes
of the local agency.
836.6. (a) It is unlawful for any person who is remanded by a
magistrate or judge of any court in this state to the custody of a
sheriff, marshal, or other police agency, to thereafter escape or
attempt to escape from that custody.
(b) It is unlawful for any person who has been lawfully arrested
by any peace officer and who knows, or by the exercise of reasonable
care should have known, that he or she has been so arrested, to
thereafter escape or attempt to escape from that peace officer.
(c) Any person who violates subdivision (a) or (b) is guilty of a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year. However, if the escape or attempted escape is by
force or violence, and the person proximately causes a peace officer
serious bodily injury, the person shall be punished by imprisonment
in the state prison for two, three, or four years, or by imprisonment
in a county jail not to exceed one year.
837. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not
in his presence.
3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.
838. A magistrate may orally order a peace officer or private
person to arrest any one committing or attempting to commit a public
offense in the presence of such magistrate.
839. Any person making an arrest may orally summon as many persons
as he deems necessary to aid him therein.
840. An arrest for the commission of a felony may be made on any
day and at any time of the day or night. An arrest for the
commission of a misdemeanor or an infraction cannot be made between
the hours of 10 o'clock p.m. of any day and 6 o'clock a.m. of the
succeeding day, unless:
(1) The arrest is made without a warrant pursuant to Section 836
or 837.
(2) The arrest is made in a public place.
(3) The arrest is made when the person is in custody pursuant to
another lawful arrest.
(4) The arrest is made pursuant to a warrant which, for good cause
shown, directs that it may be served at any time of the day or
night.
841. The person making the arrest must inform the person to be
arrested of the intention to arrest him, of the cause of the arrest,
and the authority to make it, except when the person making the
arrest has reasonable cause to believe that the person to be arrested
is actually engaged in the commission of or an attempt to commit an
offense, or the person to be arrested is pursued immediately after
its commission, or after an escape.
The person making the arrest must, on request of the person he is
arresting, inform the latter of the offense for which he is being
arrested.
841.5. (a) Except as otherwise required by Chapter 10 (commencing
with Section 1054) of Title 7, or by the United States Constitution
or the California Constitution, no law enforcement officer or
employee of a law enforcement agency shall disclose to any arrested
person, or to any person who may be a defendant in a criminal action,
the address or telephone number of any person who is a victim or
witness in the alleged offense.
(b) Nothing in this section shall impair or interfere with the
right of a defendant to obtain information necessary for the
preparation of his or her defense through the discovery process.
(c) Nothing in this section shall impair or interfere with the
right of an attorney to obtain the address or telephone number of any
person who is a victim of, or a witness to, an alleged offense where
a client of that attorney has been arrested for, or may be a
defendant in, a criminal action related to the alleged offense.
(d) Nothing in this section shall preclude a law enforcement
agency from releasing the entire contents of an accident report as
required by Section 20012 of the Vehicle Code.
842. An arrest by a peace officer acting under a warrant is lawful
even though the officer does not have the warrant in his possession
at the time of the arrest, but if the person arrested so requests it,
the warrant shall be shown to him as soon as practicable.
843. When the arrest is being made by an officer under the
authority of a warrant, after information of the intention to make
the arrest, if the person to be arrested either flees or forcibly
resists, the officer may use all necessary means to effect the
arrest.
844. To make an arrest, a private person, if the offense is a
felony, and in all cases a peace officer, may break open the door or
window of the house in which the person to be arrested is, or in
which they have reasonable grounds for believing the person to be,
after having demanded admittance and explained the purpose for which
admittance is desired.
845. Any person who has lawfully entered a house for the purpose of
making an arrest, may break open the door or window thereof if
detained therein, when necessary for the purpose of liberating
himself, and an officer may do the same, when necessary for the
purpose of liberating a person who, acting in his aid, lawfully
entered for the purpose of making an arrest, and is detained therein.
846. Any person making an arrest may take from the person arrested
all offensive weapons which he may have about his person, and must
deliver them to the magistrate before whom he is taken.
847. (a) A private person who has arrested another for the
commission of a public offense must, without unnecessary delay, take
the person arrested before a magistrate, or deliver him or her to a
peace officer.
(b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any peace officer or federal criminal
investigator or law enforcement officer described in subdivision (a)
or (d) of Section 830.8, acting within the scope of his or her
authority, for false arrest or false imprisonment arising out of any
arrest under any of the following circumstances:
(1) The arrest was lawful, or the peace officer, at the time of
the arrest, had reasonable cause to believe the arrest was lawful.
(2) The arrest was made pursuant to a charge made, upon reasonable
cause, of the commission of a felony by the person to be arrested.
(3) The arrest was made pursuant to the requirements of Section
142, 837, 838, or 839.
847.5. If a person has been admitted to bail in another state,
escapes bail, and is present in this State, the bail bondsman or
other person who is bail for such fugitive, may file with a
magistrate in the county where the fugitive is present an affidavit
stating the name and whereabouts of the fugitive, the offense with
which the alleged fugitive was charged or of which he was convicted,
the time and place of same, and the particulars in which the fugitive
has violated the terms of his bail, and may request the issuance of
a warrant for arrest of the fugitive, and the issuance, after
hearing, of an order authorizing the affiant to return the fugitive
to the jurisdiction from which he escaped bail. The magistrate may
require such additional evidence under oath as he deems necessary to
decide the issue. If he concludes that there is probable cause for
believing that the person alleged to be a fugitive is such, he may
issue a warrant for his arrest. The magistrate shall notify the
district attorney of such action and shall direct him to investigate
the case and determine the facts of the matter. When the fugitive is
brought before him pursuant to the warrant, the magistrate shall set
a time and place for hearing, and shall advise the fugitive of his
right to counsel and to produce evidence at the hearing. He may
admit the fugitive to bail pending the hearing. The district
attorney shall appear at the hearing. If, after hearing, the
magistrate is satisfied from the evidence that the person is a
fugitive he may issue an order authorizing affiant to return the
fugitive to the jurisdiction from which he escaped bail.
A bondsman or other person who is bail for a fugitive admitted to
bail in another state who takes the fugitive into custody, except
pursuant to an order issued under this section, is guilty of a
misdemeanor.
848. An officer making an arrest, in obedience to a warrant, must
proceed with the person arrested as commanded by the warrant, or as
provided by law.
849. (a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, without unnecessary delay, be taken before the
nearest or most accessible magistrate in the county in which the
offense is triable, and a complaint stating the charge against the
arrested person shall be laid before such magistrate.
(b) Any peace officer may release from custody, instead of taking
such person before a magistrate, any person arrested without a
warrant whenever:
(1) He or she is satisfied that there are insufficient grounds for
making a criminal complaint against the person arrested.
(2) The person arrested was arrested for intoxication only, and no
further proceedings are desirable.
(3) The person was arrested only for being under the influence of
a controlled substance or drug and such person is delivered to a
facility or hospital for treatment and no further proceedings are
desirable.
(c) Any record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release. Thereafter, such arrest shall not be deemed an arrest, but
a detention only.
849.5. In any case in which a person is arrested and released and
no accusatory pleading is filed charging him with an offense, any
record of arrest of the person shall include a record of release.
Thereafter, the arrest shall not be deemed an arrest, but a detention
only.
850. (a) A telegraphic copy of a warrant or an abstract of a
warrant may be sent by telegraph, teletype, or any other electronic
devices, to one or more peace officers, and such copy or abstract is
as effectual in the hands of any officer, and he shall proceed in the
same manner under it, as though he held the original warrant issued
by a magistrate or the issuing authority or agency.
(b) Except as otherwise provided in Section 1549.2 relating to
Governor's warrants of extradition, an abstract of the warrant as
herein referred to shall contain the following information: the
warrant number, the charge, the court or agency of issuance, the
subject's name, address and description, the bail, the name of the
issuing magistrate or authority, and if the offense charged is a
misdemeanor, whether the warrant has been certified for night
service.
(c) When the subject of a written or telegraphic warrant or
abstract of warrant is in custody on another charge, the custodial
officer shall, immediately upon receipt of information as to the
existence of any such warrant or abstract, obtain and deliver a
written copy of the warrant or abstract to the subject and shall
inform him of his rights under Section 1381, where applicable, to
request a speedy trial and under Section 858.7 relating to Vehicle
Code violations.
851. Every officer causing telegraphic copies or abstracts of
warrants to be sent, must certify as correct, and file in the
telegraphic office from which such copies are sent, a copy of the
warrant, and must return the original with a statement of his action
thereunder.
851.5. (a) Immediately upon being booked, and, except where
physically impossible, no later than three hours after arrest, an
arrested person has the right to make at least three completed
telephone calls, as described in subdivision (b).
The arrested person shall be entitled to make at least three calls
at no expense if the calls are completed to telephone numbers within
the local calling area.
(b) At any police facility or place where an arrestee is detained,
a sign containing the following information in bold block type shall
be posted in a conspicuous place:
That the arrestee has the right to free telephone calls within the
local dialing area, or at his or her own expense if outside the
local area, to three of the following:
(1) An attorney of his or her choice or, if he or she has no
funds, the public defender or other attorney assigned by the court to
assist indigents, whose telephone number shall be posted. This
telephone call shall not be monitored, eavesdropped upon, or
recorded.
(2) A bail bondsman.
(3) A relative or other person.
(c) If, upon questioning during the booking process, the arrested
person is identified as a custodial parent with responsibility for a
minor child, the arrested person shall be entitled to make two
additional calls at no expense if the calls are completed to
telephone numbers within the local calling area to a relative or
other person for the purpose of arranging for the care of the minor
child or children in the parent's absence.
(d) These telephone calls shall be given immediately upon request,
or as soon as practicable.
(e) This provision shall not abrogate a law enforcement officer's
duty to advise a suspect of his or her right to counsel or of any
other right.
(f) Any public officer or employee who willfully deprives an
arrested person of any right granted by this section is guilty of a
misdemeanor.
851.6. (a) In any case in which a person is arrested and released
pursuant to paragraph (1) or (3) of subdivision (b) of Section 849,
the person shall be issued a certificate, signed by the releasing
officer or his superior officer, describing the action as a
detention.
(b) In any case in which a person is arrested and released and no
accusatory pleading is filed charging him with an offense, the person
shall be issued a certificate by the law enforcement agency which
arrested him describing the action as a detention.
(c) The Attorney General shall prescribe the form and content of
such certificate.
(d) Any reference to the action as an arrest shall be deleted from
the arrest records of the arresting agency and of the Bureau of
Criminal Identification and Investigation of the Department of
Justice. Thereafter, any such record of the action shall refer to it
as a detention.
851.7. (a) Any person who has been arrested for a misdemeanor, with
or without a warrant, while a minor, may, during or after minority,
petition the court in which the proceedings occurred or, if there
were no court proceedings, the court in whose jurisdiction the arrest
occurred, for an order sealing the records in the case, including
any records of arrest and detention, if any of the following
occurred:
(1) He was released pursuant to paragraph (1) of subdivision (b)
of Section 849.
(2) Proceedings against him were dismissed, or he was discharged,
without a conviction.
(3) He was acquitted.
(b) If the court finds that the petitioner is eligible for relief
under subdivision (a), it shall issue its order granting the relief
prayed for. Thereafter, the arrest, detention, and any further
proceedings in the case shall be deemed not to have occurred, and the
petitioner may answer accordingly any question relating to their
occurrence.
(c) This section applies to arrests and any further proceedings
that occurred before, as well as those that occur after, the
effective date of this section.
(d) This section does not apply to any person taken into custody
pursuant to Section 625 of the Welfare and Institutions Code, or to
any case within the scope of Section 781 of the Welfare and
Institutions Code, unless, after a finding of unfitness for the
juvenile court or otherwise, there were criminal proceedings in the
case, not culminating in conviction. If there were criminal
proceedings not culminating in conviction, this section shall be
applicable to such criminal proceedings if such proceedings are
otherwise within the scope of this section.
(e) This section does not apply to arrests for, and any further
proceedings relating to, any of the following:
(1) Offenses for which registration is required under Section 290.
(2) Offenses under Division 10 (commencing with Section 11000) of
the Health and Safety Code.
(3) Offenses under the Vehicle Code or any local ordinance
relating to the operation, stopping, standing, or parking of a
vehicle.
(f) In any action or proceeding based upon defamation, a court,
upon a showing of good cause, may order any records sealed under this
section to be opened and admitted in evidence. The records shall be
confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
(g) This section shall apply in any case in which a person was
under the age of 21 at the time of the commission of an offense as to
which this section is made applicable if such offense was committed
prior to March 7, 1973.
851.8. (a) In any case where a person has been arrested and no
accusatory pleading has been filed, the person arrested may petition
the law enforcement agency having jurisdiction over the offense to
destroy its records of the arrest. A copy of the petition shall be
served upon the prosecuting attorney of the county or city having
jurisdiction over the offense. The law enforcement agency having
jurisdiction over the offense, upon a determination that the person
arrested is factually innocent, shall, with the concurrence of the
prosecuting attorney, seal its arrest records, and the petition for
relief under this section for three years from the date of the arrest
and thereafter destroy its arrest records and the petition. The law
enforcement agency having jurisdiction over the offense shall notify
the Department of Justice, and any law enforcement agency that
arrested the petitioner or participated in the arrest of the
petitioner for an offense for which the petitioner has been found
factually innocent under this subdivision, of the sealing of the
arrest records and the reason therefor. The Department of Justice and
any law enforcement agency so notified shall forthwith seal their
records of the arrest and the notice of sealing for three years from
the date of the arrest, and thereafter destroy their records of the
arrest and the notice of sealing. The law enforcement agency having
jurisdiction over the offense and the Department of Justice shall
request the destruction of any records of the arrest which they have
given to any local, state, or federal agency or to any other person
or entity. Each agency, person, or entity within the State of
California receiving the request shall destroy its records of the
arrest and the request, unless otherwise provided in this section.
(b) If, after receipt by both the law enforcement agency and the
prosecuting attorney of a petition for relief under subdivision (a),
the law enforcement agency and prosecuting attorney do not respond to
the petition by accepting or denying the petition within 60 days
after the running of the relevant statute of limitations or within 60
days after receipt of the petition in cases where the statute of
limitations has previously lapsed, then the petition shall be deemed
to be denied. In any case where the petition of an arrestee to the
law enforcement agency to have an arrest record destroyed is denied,
petition may be made to the superior court that would have had
territorial jurisdiction over the matter. A copy of the petition
shall be served on the law enforcement agency and the prosecuting
attorney of the county or city having jurisdiction over the offense
at least 10 days prior to the hearing thereon. The prosecuting
attorney and the law enforcement agency through the district attorney
may present evidence to the court at the hearing. Notwithstanding
Section 1538.5 or 1539, any judicial determination of factual
innocence made pursuant to this section may be heard and determined
upon declarations, affidavits, police reports, or any other evidence
submitted by the parties which is material, relevant and reliable. A
finding of factual innocence and an order for the sealing and
destruction of records pursuant to this section shall not be made
unless the court finds that no reasonable cause exists to believe
that the arrestee committed the offense for which the arrest was
made. In any court hearing to determine the factual innocence of a
party, the initial burden of proof shall rest with the petitioner to
show that no reasonable cause exists to believe that the arrestee
committed the offense for which the arrest was made. If the court
finds that this showing of no reasonable cause has been made by the
petitioner, then the burden of proof shall shift to the respondent to
show that a reasonable cause exists to believe that the petitioner
committed the offense for which the arrest was made. If the court
finds the arrestee to be factually innocent of the charges for which
the arrest was made, then the court shall order the law enforcement
agency having jurisdiction over the offense, the Department of
Justice, and any law enforcement agency which arrested the petitioner
or participated in the arrest of the petitioner for an offense for
which the petitioner has been found factually innocent under this
section to seal their records of the arrest and the court order to
seal and destroy the records, for three years from the date of the
arrest and thereafter to destroy their records of the arrest and the
court order to seal and destroy such records. The court shall also
order the law enforcement agency having jurisdiction over the offense
and the Department of Justice to request the destruction of any
records of the arrest which they have given to any local, state, or
federal agency, person or entity. Each state or local agency, person
or entity within the State of California receiving such a request
shall destroy its records of the arrest and the request to destroy
the records, unless otherwise provided in this section. The court
shall give to the petitioner a copy of any court order concerning the
destruction of the arrest records.
(c) In any case where a person has been arrested, and an
accusatory pleading has been filed, but where no conviction has
occurred, the defendant may, at any time after dismissal of the
action, petition the court that dismissed the action for a finding
that the defendant is factually innocent of the charges for which the
arrest was made. A copy of the petition shall be served on the
prosecuting attorney of the county or city in which the accusatory
pleading was filed at least 10 days prior to the hearing on the
petitioner's factual innocence. The prosecuting attorney may present
evidence to the court at the hearing. The hearing shall be conducted
as provided in subdivision (b). If the court finds the petitioner to
be factually innocent of the charges for which the arrest was made,
then the court shall grant the relief as provided in subdivision (b).
(d) In any case where a person has been arrested and an accusatory
pleading has been filed, but where no conviction has occurred, the
court may, with the concurrence of the prosecuting attorney, grant
the relief provided in subdivision (b) at the time of the dismissal
of the accusatory pleading.
(e) Whenever any person is acquitted of a charge and it appears to
the judge presiding at the trial at which the acquittal occurred
that the defendant was factually innocent of the charge, the judge
may grant the relief provided in subdivision (b).
(f) In any case where a person who has been arrested is granted
relief pursuant to subdivision (a) or (b), the law enforcement agency
having jurisdiction over the offense or court shall issue a written
declaration to the arrestee stating that it is the determination of
the law enforcement agency having jurisdiction over the offense or
court that the arrestee is factually innocent of the charges for
which the person was arrested and that the arrestee is thereby
exonerated. Thereafter, the arrest shall be deemed not to have
occurred and the person may answer accordingly any question relating
to its occurrence.
(g) The Department of Justice shall furnish forms to be utilized
by persons applying for the destruction of their arrest records and
for the written declaration that one person was found factually
innocent under subdivisions (a) and (b).
(h) Documentation of arrest records destroyed pursuant to
subdivision (a), (b), (c), (d), or (e) that are contained in
investigative police reports shall bear the notation "Exonerated"
whenever reference is made to the arrestee. The arrestee shall be
notified in writing by the law enforcement agency having jurisdiction
over the offense of the sealing and destruction of the arrest
records pursuant to this section.
(i) Any finding that an arrestee is factually innocent pursuant to
subdivision (a), (b), (c), (d), or (e) shall not be admissible as
evidence in any action.
(j) Destruction of records of arrest pursuant to subdivision (a),
(b), (c), (d), or (e) shall be accomplished by permanent obliteration
of all entries or notations upon the records pertaining to the
arrest, and the record shall be prepared again so that it appears
that the arrest never occurred. However, where (1) the only entries
on the record pertain to the arrest and (2) the record can be
destroyed without necessarily affecting the destruction of other
records, then the document constituting the record shall be
physically destroyed.
(k) No records shall be destroyed pursuant to subdivision (a),
(b), (c), (d), or (e) if the arrestee or a codefendant has filed a
civil action against the peace officers or law enforcement
jurisdiction which made the arrest or instituted the prosecution and
if the agency which is the custodian of the records has received a
certified copy of the complaint in the civil action, until the civil
action has been resolved. Any records sealed pursuant to this section
by the court in the civil actions, upon a showing of good cause, may
be opened and submitted into evidence. The records shall be
confidential and shall be available for inspection only by the court,
jury, parties, counsel for the parties and any other person
authorized by the court. Immediately following the final resolution
of the civil action, records subject to subdivision (a), (b), (c),
(d), or (e) shall be sealed and destroyed pursuant to subdivision
(a), (b), (c), (d), or (e).
(l) For arrests occurring on or after January 1, 1981, and for
accusatory pleadings filed on or after January 1, 1981, petitions for
relief under this section may be filed up to two years from the date
of the arrest or filing of the accusatory pleading, whichever is
later. Until January 1, 1983, petitioners can file for relief under
this section for arrests which occurred or accusatory pleadings which
were filed up to five years prior to the effective date of the
statute. Any time restrictions on filing for relief under this
section may be waived upon a showing of good cause by the petitioner
and in the absence of prejudice.
(m) Any relief which is available to a petitioner under this
section for an arrest shall also be available for an arrest which has
been deemed to be or described as a detention under Section 849.5 or
851.6.
(n) This section shall not apply to any offense which is
classified as an infraction.
(o) (1) This section shall be repealed on the effective date of a
final judgment based on a claim under the California or United States
Constitution holding that evidence that is relevant, reliable, and
material may not be considered for purposes of a judicial
determination of factual innocence under this section. For purposes
of this subdivision, a judgment by the appellate division of a
superior court is a final judgment if it is published and if it is
not reviewed on appeal by a court of appeal. A judgment of a court of
appeal is a final judgment if it is published and if it is not
reviewed by the California Supreme Court.
(2) Any decision referred to in this subdivision shall be stayed
pending appeal.
(3) If not otherwise appealed by a party to the action, any
decision referred to in this subdivision which is a judgment by the
appellate division of the superior court shall be appealed by the
Attorney General.
(p) A judgment of the court under subdivision (b), (c), (d), or
(e) is subject to the following appeal path:
(1) In a felony case, appeal is to the court of appeal.
(2) In a misdemeanor case, or in a case in which no accusatory
pleading was filed, appeal is to the appellate division of the
superior court.
851.85. Whenever a person is acquitted of a charge and it appears
to the judge presiding at the trial wherein such acquittal occurred
that the defendant was factually innocent of the charge, the judge
may order that the records in the case be sealed, including any
record of arrest or detention, upon the written or oral motion of any
party in the case or the court, and with notice to all parties to
the case. If such an order is made, the court shall give to the
defendant a copy of such order and inform the defendant that he may
thereafter state that he was not arrested for such charge and that he
was found innocent of such charge by the court.
851.90. (a) (1) Whenever a person is diverted pursuant to a drug
diversion program administered by a superior court pursuant to
Section 1000.5 or is admitted to a deferred entry of judgment program
pursuant to Section 1000, the person successfully completes the
program, and it appears to the judge presiding at the hearing where
the diverted charges are dismissed that the interests of justice
would be served by sealing the records of the arresting agency and
related court files and records with respect to the diverted person,
the judge may order those records and files to be sealed, including
any record of arrest or detention, upon the written or oral motion of
any party in the case, or upon the court's own motion, and with
notice to all parties in the case.
(2) If the order is made, the clerk of the court shall thereafter
not allow access to any records concerning the case, including the
court file, index, register of actions, or other similar records.
(3) If the order is made, the court shall give a copy of the order
to the defendant and inform the defendant that he or she may
thereafter state that he or she was not arrested for the charge.
(4) The defendant may, except as specified in subdivisions (b),
(c), and (d), indicate in response to any question concerning the
defendant's prior criminal record that the defendant was not arrested
or granted statutorily authorized drug diversion or deferred entry
of judgment for the offense.
(5) Subject to subdivisions (b), (c), and (d), a record pertaining
to an arrest resulting in the successful completion of a statutorily
authorized drug diversion or deferred entry of judgment program
shall not, without the defendant's permission, be used in any way
that could result in the denial of any employment, benefit, or
certificate.
(6) Sealing orders made pursuant to this subdivision shall not be
forwarded to the Department of Justice to be included or notated in
the department's manual or electronic fingerprint image or criminal
history record systems. Any sealing order made pursuant to this
subdivision and received by the Department of Justice need not be
processed by the department.
(b) The defendant shall be advised that, regardless of the
defendant's successful completion of a statutorily authorized drug
diversion or deferred entry of judgment program, the arrest upon
which the case was based shall be disclosed by the Department of
Justice in response to any peace officer application request, and
that, notwithstanding subdivision (a), this section does not relieve
the defendant of the obligation to disclose the arrest in response to
any direct question contained in any questionnaire or application
for a position as a peace officer, as defined in Section 830.
(c) The defendant shall be advised that, regardless of the
defendant's successful completion of a statutorily authorized drug
diversion or deferred entry of judgment program, the arrest upon
which the case was based shall be disclosed by the Department of
Justice or the court in which the matter was heard in response to any
subsequent inquiry by the district attorney, court, probation
department, or counsel for the defendant concerning the defendant's
eligibility for any statutorily authorized drug diversion or deferred
entry of judgment program in the future.
(d) A sealing order made pursuant to this section shall not apply
to any record or document received or maintained by the Department of
Justice; the court shall advise a defendant that, notwithstanding
the issuance of a sealing order pursuant to this section, the
Department of Justice shall continue to be able to maintain and
disseminate any records or documents received or maintained by the
department, as authorized by law.[/align]
Uniform act on fresh pursuit
[align=left]852. This chapter may be cited as the Uniform Act on Fresh Pursuit.
852.1. As used in this chapter:
(a) "State" means any State of the United States and the District
of Columbia.
(b) "Peace officer" means any peace officer or member of any duly
organized State, county, or municipal peace unit or police force of
another State.
(c) "Fresh Pursuit" includes close pursuit and hot pursuit.
852.2. Any peace officer of another State, who enters this State in
fresh pursuit, and continues within this State in fresh pursuit, of
a person in order to arrest him on the ground that he has committed a
felony in the other State, has the same authority to arrest and hold
the person in custody, as peace officers of this State have to
arrest and hold a person in custody on the ground that he has
committed a felony in this State.
852.3. If an arrest is made in this State by a peace officer of
another State in accordance with the provisions of section 852.2 of
this code, he shall without unnecessary delay take the person
arrested before a magistrate of the county in which the arrest was
made, who shall conduct a hearing for the purpose of determining the
lawfulness of the arrest. If the magistrate determines that the
arrest was lawful, he shall commit the person arrested to await a
reasonable time for the issuance of an extradition warrant by the
Governor of this State or admit him to bail for such purpose. If the
magistrate determines that the arrest was unlawful he shall
discharge the person arrested.
852.4. Section 852.2 of this code shall not be construed so as to
make unlawful any arrest in this State which would otherwise be
lawful.[/align]
California-Nevada Compact for Jurisdiction on
[align=left]
California-Nevada Compact for Jurisdiction on
Interstate Waters
853.3. (a) Pursuant to the authority vested in this state by
Section 112 of Title 4 of the United States Code, the Legislature of
the State of California hereby ratifies the California-Nevada Compact
for Jurisdiction on Interstate Waters as set forth in Section 853.4.
(b) The Legislature finds that law enforcement has been impaired
in sections of Lake Tahoe and Topaz Lake forming an interstate
boundary between California and Nevada because of difficulty in
determining precisely where a criminal act was committed.
(c) The Legislature intends that a person arrested for an act that
is illegal in both states should not be freed merely because neither
state could establish that a crime was committed within its
boundaries.
(d) The California-Nevada Compact for Jurisdiction on Interstate
Waters is enacted to provide for the enforcement of the laws of this
state with regard to certain acts committed on Lake Tahoe or Topaz
Lake, on either side of the boundary line between California and
Nevada.
853.4. (a) As used in this compact, unless the context otherwise
requires, "party state" means a state that has enacted this compact.
(b) If conduct is prohibited by the party states, courts and law
enforcement officers in either state who have jurisdiction over
criminal offenses committed in a county where Lake Tahoe or Topaz
Lake forms a common interstate boundary have concurrent jurisdiction
to arrest, prosecute, and try offenders for the prohibited conduct
committed anywhere on the body of water forming a boundary between
the two states.
(c) This section applies only to those crimes that are established
in common between the States of Nevada and California, and an
acquittal or conviction and sentence by one state shall bar a
prosecution for the same act or omission by the other.
(d) This compact does not authorize any conduct prohibited by a
party state.
(e) This compact shall become operative when ratified by law by
the party states and shall remain in full force and effect so long as
the provisions of this compact, as ratified by the State of Nevada,
remain substantively the same as the provisions of this compact, as
ratified by this section. This compact may be amended in the same
manner as is required for it to become operative.
[/align]
Citations for misdemeanors
[align=left]
853.5. (a) Except as otherwise provided by law, in any case in
which a person is arrested for an offense declared to be an
infraction, the person may be released according to the procedures
set forth by this chapter for the release of persons arrested for an
offense declared to be a misdemeanor. In all cases, except as
specified in Sections 40302, 40303, 40305, and 40305.5 of the Vehicle
Code, in which a person is arrested for an infraction, a peace
officer shall only require the arrestee to present his or her driver'
s license or other satisfactory evidence of his or her identity for
examination and to sign a written promise to appear contained in a
notice to appear. If the arrestee does not have a driver's license
or other satisfactory evidence of identity in his or her possession,
the officer may require the arrestee to place a right thumbprint, or
a left thumbprint or fingerprint if the person has a missing or
disfigured right thumb, on the notice to appear. Except for law
enforcement purposes relating to the identity of the arrestee, no
person or entity may sell, give away, allow the distribution of,
include in a database, or create a database with, this print. Only
if the arrestee refuses to sign a written promise, has no
satisfactory identification, or refuses to provide a thumbprint or
fingerprint may the arrestee be taken into custody.
(b) A person contesting a charge by claiming under penalty of
perjury not to be the person issued the notice to appear may choose
to submit a right thumbprint, or a left thumbprint if the person has
a missing or disfigured right thumb, to the issuing court through his
or her local law enforcement agency for comparison with the one
placed on the notice to appear. A local law enforcement agency
providing this service may charge the requester no more than the
actual costs. The issuing court may refer the thumbprint submitted
and the notice to appear to the prosecuting attorney for comparison
of the thumbprints. When there is no thumbprint or fingerprint on
the notice to appear, or when the comparison of thumbprints is
inconclusive, the court shall refer the notice to appear or copy
thereof back to the issuing agency for further investigation, unless
the court finds that referral is not in the interest of justice.
(c) Upon initiation of the investigation or comparison process by
referral of the court, the court shall continue the case and the
speedy trial period shall be tolled for 45 days.
(d) Upon receipt of the issuing agency's or prosecuting attorney's
response, the court may make a finding of factual innocence pursuant
to Section 530.6 if the court determines that there is insufficient
evidence that the person cited is the person charged and shall
immediately notify the Department of Motor Vehicles of its
determination. If the Department of Motor Vehicles determines the
citation or citations in question formed the basis of a suspension or
revocation of the person's driving privilege, the department shall
immediately set aside the action.
(e) If the prosecuting attorney or issuing agency fails to respond
to a court referral within 45 days, the court shall make a finding
of factual innocence pursuant to Section 530.6, unless the court
finds that a finding of factual innocence is not in the interest of
justice.
853.6. (a) In any case in which a person is arrested for an offense
declared to be a misdemeanor, including a violation of any city or
county ordinance, and does not demand to be taken before a
magistrate, that person shall, instead of being taken before a
magistrate, be released according to the procedures set forth by this
chapter. If the person is released, the officer or his or her
superior shall prepare in duplicate a written notice to appear in
court, containing the name and address of the person, the offense
charged, and the time when, and place where, the person shall appear
in court. If, pursuant to subdivision (i), the person is not
released prior to being booked and the officer in charge of the
booking or his or her superior determines that the person should be
released, the officer or his or her superior shall prepare a written
notice to appear in a court.
In any case in which a person is arrested for a misdemeanor
violation of a protective court order involving domestic violence, as
defined in subdivision (b) of Section 13700, or arrested pursuant to
a policy, as described in Section 13701, the person shall be taken
before a magistrate instead of being released according to the
procedures set forth in this chapter, unless the arresting officer
determines that there is not a reasonable likelihood that the offense
will continue or resume or that the safety of persons or property
would be imminently endangered by release of the person arrested.
Prior to adopting these provisions, each city, county, or city and
county shall develop a protocol to assist officers to determine when
arrest and release is appropriate, rather than taking the arrested
person before a magistrate. The county shall establish a committee
to develop the protocol, consisting of, at a minimum, the police
chief or county sheriff within the jurisdiction, the district
attorney, county counsel, city attorney, representatives from
domestic violence shelters, domestic violence councils, and other
relevant community agencies.
Nothing in this subdivision shall be construed to affect a
defendant's ability to be released on bail or on his or her own
recognizance.
(b) Unless waived by the person, the time specified in the notice
to appear shall be at least 10 days after arrest if the duplicate
notice is to be filed by the officer with the magistrate.
(c) The place specified in the notice shall be the court of the
magistrate before whom the person would be taken if the requirement
of taking an arrested person before a magistrate were complied with,
or shall be an officer authorized by that court to receive a deposit
of bail.
(d) The officer shall deliver one copy of the notice to appear to
the arrested person, and the arrested person, in order to secure
release, shall give his or her written promise to appear in court as
specified in the notice by signing the duplicate notice which shall
be retained by the officer, and the officer may require the arrested
person, if he or she has no satisfactory identification, to place a
right thumbprint, or a left thumbprint or fingerprint if the person
has a missing or disfigured right thumb, on the notice to appear.
Except for law enforcement purposes relating to the identity of the
arrestee, no person or entity may sell, give away, allow the
distribution of, include in a database, or create a database with,
this print. Upon the signing of the duplicate notice, the arresting
officer shall immediately release the person arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate
notice, as follows:
(1) It shall be filed with the magistrate if the offense charged
is an infraction.
(2) It shall be filed with the magistrate if the prosecuting
attorney has previously directed the officer to do so.
(3) The duplicate notice and underlying police reports in support
of the charge or charges shall be filed with the prosecuting attorney
in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he
or she, within his or her discretion, may initiate prosecution by
filing the notice or a formal complaint with the magistrate specified
in the duplicate notice within 25 days from the time of arrest. If
the prosecution is not to be initiated, the prosecutor shall send
notice to the person arrested at the address on the notice to appear.
The failure by the prosecutor to file the notice or formal
complaint within 25 days of the time of the arrest shall not bar
further prosecution of the misdemeanor charged in the notice to
appear. However, any further prosecution shall be preceded by a new
and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer,
or the filing of the notice or formal complaint by the prosecutor,
the magistrate may fix the amount of bail that in his or her
judgment, in accordance with Section 1275, is reasonable and
sufficient for the appearance of the defendant and shall endorse upon
the notice a statement signed by him or her in the form set forth in
Section 815a. The defendant may, prior to the date upon which he or
she promised to appear in court, deposit with the magistrate the
amount of bail set by the magistrate. At the time the case is called
for arraignment before the magistrate, if the defendant does not
appear, either in person or by counsel, the magistrate may declare
the bail forfeited, and may, in his or her discretion, order that no
further proceedings shall be had in the case, unless the defendant
has been charged with a violation of Section 374.3 or 374.7 of this
code or of Section 11357, 11360, or 13002 of the Health and Safety
Code, or a violation punishable under Section 5008.7 of the Public
Resources Code, and he or she has previously been convicted of a
violation of that section or a violation that is punishable under
that section, except in cases where the magistrate finds that undue
hardship will be imposed upon the defendant by requiring him or her
to appear, the magistrate may declare the bail forfeited and order
that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had,
all sums deposited as bail shall immediately be paid into the county
treasury for distribution pursuant to Section 1463.
(f) No warrant shall be issued for the arrest of a person who has
given a written promise to appear in court, unless and until he or
she has violated that promise or has failed to deposit bail, to
appear for arraignment, trial, or judgment or to comply with the
terms and provisions of the judgment, as required by law.
(g) The officer may book the arrested person prior to release or
indicate on the citation that the arrested person shall appear at the
arresting agency to be booked or indicate on the citation that the
arrested person shall appear at the arresting agency to be
fingerprinted prior to the date the arrested person appears in court.
If it is indicated on the citation that the arrested person shall
be booked or fingerprinted prior to the date of the person's court
appearance, the arresting agency at the time of booking or
fingerprinting shall provide the arrested person with verification of
the booking or fingerprinting by making an entry on the citation.
If it is indicated on the citation that the arrested person is to be
booked or fingerprinted, the magistrate, judge, or court shall,
before the proceedings begin, order the defendant to provide
verification that he or she was booked or fingerprinted by the
arresting agency. If the defendant cannot produce the verification,
the magistrate, judge, or court shall require that the defendant be
booked or fingerprinted by the arresting agency before the next court
appearance, and that the defendant provide the verification at the
next court appearance unless both parties stipulate that booking or
fingerprinting is not necessary.
(h) A peace officer shall use the written notice to appear
procedure set forth in this section for any misdemeanor offense in
which the officer has arrested a person without a warrant pursuant to
Section 836 or in which he or she has taken custody of a person
pursuant to Section 847.
(i) Whenever any person is arrested by a peace officer for a
misdemeanor, that person shall be released according to the
procedures set forth by this chapter unless one of the following is a
reason for nonrelease, in which case the arresting officer may
release the person, or the arresting officer shall indicate, on a
form to be established by his or her employing law enforcement
agency, which of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that he or she could
have been a danger to himself or herself or to others.
(2) The person arrested required medical examination or medical
care or was otherwise unable to care for his or her own safety.
(3) The person was arrested under one or more of the circumstances
listed in Sections 40302 and 40303 of the Vehicle Code.
(4) There were one or more outstanding arrest warrants for the
person.
(5) The person could not provide satisfactory evidence of personal
identification.
(6) The prosecution of the offense or offenses for which the
person was arrested, or the prosecution of any other offense or
offenses, would be jeopardized by immediate release of the person
arrested.
(7) There was a reasonable likelihood that the offense or offenses
would continue or resume, or that the safety of persons or property
would be imminently endangered by release of the person arrested.
(8) The person arrested demanded to be taken before a magistrate
or refused to sign the notice to appear.
(9) There is reason to believe that the person would not appear at
the time and place specified in the notice. The basis for this
determination shall be specifically stated.
The form shall be filed with the arresting agency as soon as
practicable and shall be made available to any party having custody
of the arrested person, subsequent to the arresting officer, and to
any person authorized by law to release him or her from custody
before trial.
(j) Once the arresting officer has prepared the written notice to
appear and has delivered a copy to the person arrested, the officer
shall deliver the remaining original and all copies as provided by
subdivision (e).
Any person, including the arresting officer and any member of the
officer's department or agency, or any peace officer, who alters,
conceals, modifies, nullifies, or destroys, or causes to be altered,
concealed, modified, nullified, or destroyed, the face side of the
remaining original or any copy of a citation that was retained by the
officer, for any reason, before it is filed with the magistrate or
with a person authorized by the magistrate to receive deposit of
bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a
notice to appear, the arresting officer determines that, in the
interest of justice, the citation or notice should be dismissed, the
arresting agency may recommend, in writing, to the magistrate that
the charges be dismissed. The recommendation shall cite the reasons
for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for
dismissal, the finding shall be entered in the record and the charges
dismissed.
Under no circumstances shall a personal relationship with any
officer, public official, or law enforcement agency be grounds for
dismissal.
(k) (1) A person contesting a charge by claiming under penalty of
perjury not to be the person issued the notice to appear may choose
to submit a right thumbprint, or a left thumbprint if the person has
a missing or disfigured right thumb, to the issuing court through his
or her local law enforcement agency for comparison with the one
placed on the notice to appear. A local law enforcement agency
providing this service may charge the requester no more than the
actual costs. The issuing court may refer the thumbprint submitted
and the notice to appear to the prosecuting attorney for comparison
of the thumbprints. When there is no thumbprint or fingerprint on
the notice to appear, or when the comparison of thumbprints is
inconclusive, the court shall refer the notice to appear or copy
thereof back to the issuing agency for further investigation, unless
the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by
referral of the court, the court shall continue the case and the
speedy trial period shall be tolled for 45 days.
(3) Upon receipt of the issuing agency's or prosecuting attorney's
response, the court may make a finding of factual innocence pursuant
to Section 530.6 if the court determines that there is insufficient
evidence that the person cited is the person charged and shall
immediately notify the Department of Motor Vehicles of its
determination. If the Department of Motor Vehicles determines the
citation or citations in question formed the basis of a suspension or
revocation of the person's driving privilege, the department shall
immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond
to a court referral within 45 days, the court shall make a finding
of factual innocence pursuant to Section 530.6, unless the court
finds that a finding of factual innocence is not in the interest of
justice.
(5) The citation or notice to appear may be held by the
prosecuting attorney or issuing agency for future adjudication should
the arrestee who received the citation or notice to appear be found.
(l) For purposes of this section, the term "arresting agency"
includes any other agency designated by the arresting agency to
provide booking or fingerprinting services.
853.6a. (a) Except as provided in subdivision (b), if the person
arrested appears to be under the age of 18 years, and the arrest is
for a violation listed in Section 256 of the Welfare and Institutions
Code, other than an offense involving a firearm, the notice under
Section 853.6 shall instead provide that the person shall appear
before the juvenile court, a juvenile court referee, or a juvenile
hearing officer within the county in which the offense charged is
alleged to have been committed, and the officer shall instead, as
soon as practicable, file the duplicate notice with the prosecuting
attorney unless the prosecuting attorney directs the officer to file
the duplicate notice with the clerk of the juvenile court, the
juvenile court referee, or the juvenile hearing officer. If the
notice is filed with the prosecuting attorney, within 48 hours before
the date specified on the notice to appear, the prosecutor, within
his or her discretion, may initiate proceedings by filing the notice
or a formal petition with the clerk of the juvenile court, or the
juvenile court referee or juvenile hearing officer, before whom the
person is required to appear by the notice.
(b) A juvenile court may exercise the option of not requiring a
mandatory appearance of the juvenile before the court for infractions
contained in the Vehicle Code, except those related to drivers'
licenses as specified in Division 6 (commencing with Section 12500),
those related to financial responsibility as specified in Division 7
(commencing with Section 16000), those related to speeding violations
as specified in Division 11 (commencing with Section 21000) in which
the speed limit was violated by 15 or more miles per hour, and those
involving the use or possession of alcoholic beverages as specified
in Division 11.5 (commencing with Section 23500).
(c) In counties where an Expedited Youth Accountability Program is
operative, as established under Section 660.5 of the Welfare and
Institutions Code, a peace officer may issue a citation and written
promise to appear in juvenile court or record the minor's refusal to
sign the promise to appear and serve notice to appear in juvenile
court, according to the requirements and procedures provided in that
section.
(d) This section may not be construed to limit the discretion of a
peace officer or other person with the authority to enforce laws
pertaining to juveniles to take the minor into custody pursuant to
Article 15 (commencing with Section 625) of the Welfare and
Institutions Code.
853.7. Any person who willfully violates his or her written promise
to appear or a lawfully granted continuance of his or her promise to
appear in court is guilty of a misdemeanor, regardless of the
disposition of the charge upon which he or she was originally
arrested.
853.7a. (a) In addition to the fees authorized or required by any
other provision of law, a county may, by resolution of the board of
supervisors, require the courts of that county to impose an
assessment of fifteen dollars ($15) upon every person who violates
his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before a
person authorized to receive a deposit of bail, or who otherwise
fails to comply with any valid court order for a violation of any
provision of this code or local ordinance adopted pursuant to this
code. This assessment shall apply whether or not a violation of
Section 853.7 is concurrently charged or a warrant of arrest is
issued pursuant to Section 853.8.
(b) The clerk of the court shall deposit the amounts collected
under this section in the county treasury. All money so deposited
shall be used first for the development and operation of an automated
county warrant system. If sufficient funds are available after
appropriate expenditures to develop, modernize, and maintain the
automated warrant system, a county may use the balance to fund a
warrant service task force for the purpose of serving all bench
warrants within the county.
853.8. When a person signs a written promise to appear at the time
and place specified in the written promise to appear and has not
posted bail as provided in Section 853.6, the magistrate shall issue
and have delivered for execution a warrant for his or her arrest
within 20 days after his or her failure to appear as promised or
within 20 days after his or her failure to appear after a lawfully
granted continuance of his or her promise to appear.
853.85. This chapter shall not apply in any case where a person is
arrested for an offense declared to be a felony.[/align]
Filing complaint after citation
[align=left]853.9. (a) Whenever written notice to appear has been prepared,
delivered, and filed by an officer or the prosecuting attorney with
the court pursuant to the provisions of Section 853.6 of this code,
an exact and legible duplicate copy of the notice when filed with the
magistrate, in lieu of a verified complaint, shall constitute a
complaint to which the defendant may plead "guilty" or "nolo
contendere."
If, however, the defendant violates his or her promise to appear
in court, or does not deposit lawful bail, or pleads other than
"guilty" or "nolo contendere" to the offense charged, a complaint
shall be filed which shall conform to the provisions of this code and
which shall be deemed to be an original complaint; and thereafter
proceedings shall be had as provided by law, except that a defendant
may, by an agreement in writing, subscribed by him or her and filed
with the court, waive the filing of a verified complaint and elect
that the prosecution may proceed upon a written notice to appear.
(b) Notwithstanding the provisions of subdivision (a) of this
section, whenever the written notice to appear has been prepared on a
form approved by the Judicial Council, an exact and legible
duplicate copy of the notice when filed with the magistrate shall
constitute a complaint to which the defendant may enter a plea and,
if the notice to appear is verified, upon which a warrant may be
issued. If the notice to appear is not verified, the defendant may,
at the time of arraignment, request that a verified complaint be
filed.[/align]
Retaking after an escape or rescue
[align=left]
854. If a person arrested escape or is rescued, the person from
whose custody he escaped or was rescued, may immediately pursue and
retake him at any time and in any place within the State.
855. To retake the person escaping or rescued, the person pursuing
may break open an outer or inner door or window of a dwelling house,
if, after notice of his intention, he is refused admittance.
[/align]