Of crimes against the public health and safety
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369a. (a) The Legislature hereby finds and declares the following:
(1) Rail transit traffic safety programs are necessary to educate
the public about the potential for harm and injury arising from an
individual's disregard for, and violation of, rail-related traffic
safety laws, and to increase the consequences for those persons
violating rail-related traffic safety laws.
(2) Currently, there does not exist a unified statewide system to
deal with the ever increasing problem of rail-related traffic safety
violators, and to provide a method of educating the public.
(b) In each county with a population greater than 500,000 in which
a transportation commission or authority has been established and it
owns or operates rail transit facilities, the commission or
authority may provide and disseminate appropriate educational
materials to traffic schools to aid in reducing the number of
rail-related traffic accidents, including, but not limited to, a film
developed or caused to be developed by the transportation commission
or authority on rail transit safety.
369b. (a) This section shall only apply to counties with a
population greater than 500,000.
(b) The court may order any person convicted of a rail transit
related traffic violation, as listed in subdivision (c), to attend a
traffic school that offers, as a part of its curriculum, a film
developed or caused to be developed by a transportation commission or
authority on rail transit safety.
(c) For a first offense, a court, at its discretion, may order any
person cited for any of the following violations to attend a traffic
school offering a rail safety presentation, Internet rail safety
test, or rail transit safety film prepared by a county transportation
commission or authority, pay an additional fine of one hundred
dollars ($100), or both:
(1) Section 369g.
(2) Section 369i.
(3) Subdivision (c) of Section 21752, Section 22450, 22451, or
22452, or subdivision (c) of Section 22526, of the Vehicle Code,
involving railroad grade crossings.
(d) For a second or subsequent violation as provided in
subdivision (c), a court shall order a person to pay an additional
fine of up to two hundred dollars ($200) and to attend a traffic
school offering a rail safety presentation, Internet rail safety
test, or rail safety film prepared by a county transportation
commission or authority.
(e) All fines collected according to this section shall be
distributed pursuant to Sections 1463 and 1463.12, as applicable.
369d. Any person who enters upon or crosses any railroad, at any
private passway, which is inclosed by bars or gates, and neglects to
leave the same securely closed after him, is guilty of a misdemeanor.
369g. (a) Any person who rides, drives, or propels any vehicle upon
and along the track of any railroad through or over its private
right-of-way, without the authorization of its superintendent or
other officer in charge thereof, is guilty of a misdemeanor.
(b) Any person who rides, drives, or propels any vehicle upon and
along the track of any railline owned or operated by a county
transportation commission or transportation authority without the
authorization of the commission or authority is guilty of a
misdemeanor.
369h. Any person, partnership, firm or corporation installing,
setting up, maintaining or operating upon public or private property,
any sign or light in line of vision along any main line track of any
railroad in this State of such type or in such form or manner that
it may be mistaken for any fixed or standard railroad signal when
viewed from an approaching locomotive cab, railway car, or train, by
the operators or employees upon such locomotive cab, railway car or
train, so as to hinder the safe and efficient operation of such
locomotive, railway car or train, and endanger the safety of persons
or property upon such locomotive, railway car, or train, shall be
guilty of maintaining a public nuisance. No sign, signal, flare or
light placed within the right of way of any street or highway by
public authorities in charge thereof, considered necessary by them to
direct or warn highway traffic, shall be deemed to violate this
section.
369i. (a) Any person who enters or remains upon the property of any
railroad without the permission of the owner of the land, the owner'
s agent, or the person in lawful possession and whose entry,
presence, or conduct upon the property interferes with, interrupts,
or hinders, or which, if allowed to continue, would interfere with,
interrupt, or hinder the safe and efficient operation of any
locomotive, railway car, or train is guilty of a misdemeanor.
As used in this subdivision, "property of any railroad" means any
land owned, leased, or possessed by a railroad upon which is placed a
railroad track and the land immediately adjacent thereto, to the
distance of 20 feet on either side of the track, which is owned,
leased, or possessed by a railroad.
(b) Any person who enters or remains upon any rail transit related
property owned or operated by a county transportation commission or
transportation authority without permission or whose entry, presence,
or conduct upon the property interferes with, interrupts, or hinders
the safe and efficient operation of the railline or rail-related
facility is guilty of a misdemeanor.
As used in this subdivision, "rail transit related property" means
any land or facilities owned, leased, or possessed by a county
transportation commission or transportation authority.
(c) This section does not prohibit picketing in the immediately
adjacent area of the property of any railroad or rail transit related
property or any lawful activity by which the public is informed of
the existence of an alleged labor dispute.
(370.) Section Three Hundred and Seventy. Anything which is
injurious to health, or is indecent, or offensive to the senses, or
an obstruction to the free use of property, so as to interfere with
the comfortable enjoyment of life or property by an entire community
or neighborhood, or by any considerable number of persons, or
unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or
basin, or any public park, square, street, or highway, is a public
nuisance.
371. An act which affects an entire community or neighborhood, or
any considerable number of persons, as specified in the last section,
is not less a nuisance because the extent of the annoyance or damage
inflicted upon individuals is unequal.
372. Every person who maintains or commits any public nuisance, the
punishment for which is not otherwise prescribed, or who willfully
omits to perform any legal duty relating to the removal of a public
nuisance, is guilty of a misdemeanor.
373a. Every person who maintains, permits, or allows a public
nuisance to exist upon his or her property or premises, and every
person occupying or leasing the property or premises of another who
maintains, permits or allows a public nuisance to exist thereon,
after reasonable notice in writing from a health officer or district
attorney or city attorney or prosecuting attorney to remove,
discontinue or abate the same has been served upon such person, is
guilty of a misdemeanor, and shall be punished accordingly; and the
existence of such nuisance for each and every day after the service
of such notice shall be deemed a separate and distinct offense, and
it is hereby made the duty of the district attorney, or the city
attorney of any city the charter of which imposes the duty upon the
city attorney to prosecute state misdemeanors, to prosecute all
persons guilty of violating this section by continuous prosecutions
until the nuisance is abated and removed.
374. (a) Littering means the willful or negligent throwing,
dropping, placing, depositing, or sweeping, or causing any such acts,
of any waste matter on land or water in other than appropriate
storage containers or areas designated for such purposes.
(b) Waste matter means discarded, used, or leftover substance
including, but not limited to, a lighted or nonlighted cigarette,
cigar, match, or any flaming or glowing material, or any garbage,
trash, refuse, paper, container, packaging or construction material,
carcass of a dead animal, any nauseous or offensive matter of any
kind, or any object likely to injure any person or create a traffic
hazard.
374.2. (a) It is unlawful for any person to maliciously discharge,
dump, release, place, drop, pour, or otherwise deposit, or to
maliciously cause to be discharged, dumped, released, placed,
dropped, poured, or otherwise deposited, any substance capable of
causing substantial damage or harm to the operation of a public sewer
sanitary facility, or to deposit in commercial quantities any other
substance, into a manhole, cleanout, or other sanitary sewer
facility, not intended for use as a point of deposit for sewage,
which is connected to a public sanitary sewer system, without
possessing a written authorization therefor granted by the public
entity which is charged with the administration of the use of the
affected public sanitary sewer system or the affected portion of the
public sanitary sewer system.
As used in this section, "maliciously" means an intent to do a
wrongful act.
(b) For the purposes of this section "person" means an individual,
trust, firm, partnership, joint stock company, limited liability
company, or corporation, and "deposited in commercial quantities"
refers to any substance deposited or otherwise discharged in any
amount greater than for normal domestic sewer use.
(c) Lack of specific knowledge that the facility into which the
prohibited discharge or release occurred is connected to a public
sanitary sewer system shall not constitute a defense to a violation
charged under this section.
(d) Any person who violates this section shall be punished by
imprisonment in the county jail for not more than one year, or by a
fine of up to twenty-five thousand dollars ($25,000), or by both a
fine and imprisonment. If the conviction is for a second or
subsequent violation, the person shall be punished by imprisonment in
the county jail for not more than one year, or imprisonment in the
state prison for 16, 20, or 24 months, and by a fine of not less than
five thousand dollars ($5,000) or more than twenty-five thousand
dollars ($25,000).
374.3. (a) It is unlawful to dump or cause to be dumped waste
matter in or upon a public or private highway or road, including any
portion of the right-of-way thereof, or in or upon private property
into or upon which the public is admitted by easement or license, or
upon private property without the consent of the owner, or in or upon
a public park or other public property other than property
designated or set aside for that purpose by the governing board or
body having charge of that property.
(b) It is unlawful to place, deposit, or dump, or cause to be
placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or
upon a private highway or road, including any portion of the
right-of-way of the private highway or road, or private property,
without the consent of the owner or a contractor under contract with
the owner for the materials, or in or upon a public park or other
public property, without the consent of the state or local agency
having jurisdiction over the highway, road, or property.
(c) A person violating this section is guilty of an infraction.
Each day that waste placed, deposited, or dumped in violation of
subdivision (a) or (b) remains is a separate violation.
(d) This section does not restrict a private owner in the use of
his or her own private property, unless the placing, depositing, or
dumping of the waste matter on the property creates a public health
and safety hazard, a public nuisance, or a fire hazard, as determined
by a local health department, local fire department or district
providing fire protection services, or the Department of Forestry and
Fire Protection, in which case this section applies.
(e) A person convicted of a violation of this section shall be
punished by a mandatory fine of not less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000) upon a
first conviction, by a mandatory fine of not less than five hundred
dollars ($500) nor more than one thousand five hundred dollars
($1,500) upon a second conviction, and by a mandatory fine of not
less than seven hundred fifty dollars ($750) nor more than three
thousand dollars ($3,000) upon a third or subsequent conviction. If
the court finds that the waste matter placed, deposited, or dumped
was used tires, the fine prescribed in this subdivision shall be
doubled.
(f) The court may require, in addition to any fine imposed upon a
conviction, that, as a condition of probation and in addition to any
other condition of probation, a person convicted under this section
remove, or pay the cost of removing, any waste matter which the
convicted person dumped or caused to be dumped upon public or private
property.
(g) Except when the court requires the convicted person to remove
waste matter which he or she is responsible for dumping as a
condition of probation, the court may, in addition to the fine
imposed upon a conviction, require as a condition of probation, in
addition to any other condition of probation, that a person convicted
of a violation of this section pick up waste matter at a time and
place within the jurisdiction of the court for not less than 12
hours.
(h) (1) A person who places, deposits, or dumps, or causes to be
placed, deposited, or dumped, waste matter in violation of this
section in commercial quantities shall be guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than six
months and by a fine. The fine is mandatory and shall amount to not
less than one thousand dollars ($1,000) nor more than three thousand
dollars ($3,000) upon a first conviction, not less than three
thousand dollars ($3,000) nor more than six thousand dollars ($6,000)
upon a second conviction, and not less than six thousand dollars
($6,000) nor more than ten thousand dollars ($10,000) upon a third or
subsequent conviction.
(2) "Commercial quantities" means an amount of waste matter
generated in the course of a trade, business, profession, or
occupation, or an amount equal to or in excess of one cubic yard.
This subdivision does not apply to the dumping of household waste at
a person's residence.
(i) For purposes of this section, "person" means an individual,
trust, firm, partnership, joint stock company, joint venture, or
corporation.
(j) Except in unusual cases where the interests of justice would
be best served by waiving or reducing a fine, the minimum fines
provided by this section shall not be waived or reduced.
374.4. (a) It is unlawful to litter or cause to be littered in or
upon public or private property. A person, firm, or corporation
violating this section is guilty of an infraction.
(b) This section does not restrict a private owner in the use of
his or her own property, unless the littering of waste matter on the
property creates a public health and safety hazard, a public
nuisance, or a fire hazard, as determined by a local health
department, local fire department or district providing fire
protection services, or the Department of Forestry and Fire
Protection, in which case this section applies.
(c) As used in this section, "litter" means the discarding,
dropping, or scattering of small quantities of waste matter
ordinarily carried on or about the person, including, but not limited
to, beverage containers and closures, packaging, wrappers,
wastepaper, newspapers, and magazines, in a place other than a place
or container for the proper disposal thereof, and including waste
matter that escapes or is allowed to escape from a container,
receptacle, or package.
(d) A person, firm, or corporation convicted of a violation of
this section shall be punished by a mandatory fine of not less than
two hundred fifty dollars ($250) nor more than one thousand dollars
($1,000) upon a first conviction, by a mandatory fine of not less
than five hundred dollars ($500) nor more than one thousand five
hundred dollars ($1,500) upon a second conviction, and by a mandatory
fine of not less than seven hundred fifty dollars ($750) nor more
than three thousand dollars ($3,000) upon a third or subsequent
conviction.
(e) The court may, in addition to the fine imposed upon a
conviction, require as a condition of probation, in addition to any
other condition of probation, that any person convicted of a
violation of this section pick up litter at a time and place within
the jurisdiction of the court for not less than eight hours.
374.5. (a) It is unlawful for any grease waste hauler to do either
of the following:
(1) Reinsert, deposit, dump, place, release, or discharge into a
grease trap, grease interceptor, manhole, cleanout, or other sanitary
sewer appurtenance any materials that the hauler has removed from
the grease trap or grease interceptor, or to cause those materials to
be so handled.
(2) Cause or permit to be discharged in or on any waters of the
state, or discharged in or deposited where it is, or probably will
be, discharged in or on any waters of the state, any materials that
the hauler has removed from the grease trap or grease interceptor, or
to cause those materials to be so handled.
(b) The prohibition in subdivision (a), as it pertains to
reinsertion of material removed from a grease trap or grease
interceptor, shall not apply to a grease waste hauler if all of the
following conditions are met:
(1) The local sewer authority having jurisdiction over the pumping
and disposal of the material specifically allows a registered grease
waste hauler to obtain written approval for the reinsertion of
decanted liquid.
(2) The local sewer authority has determined that, if reinsertion
is allowed, it is feasible to enforce local discharge limits for
fats, oil, and grease, if any, and other local requirements for best
management or operating practices, if any.
(3) The grease waste hauler is registered pursuant to Section
19310 of the Food and Agricultural Code.
(4) The registered grease waste hauler demonstrates to the
satisfaction of the local sewer authority all of the following:
(A) It will use equipment that will adequately separate the water
from the grease waste and solids in the material so as to comply with
applicable regulations.
(B) Its employees are adequately trained in the use of that
equipment.
(5) The registered grease waste hauler demonstrates both of the
following:
(A) It has informed the managerial personnel of the owner or
operator of the grease trap or interceptor, in writing, that the
grease waste hauler may reinsert the decanted materials, unless the
owner or operator objects to the reinsertion.
(B) The owner or operator has not objected to the reinsertion of
the decanted materials. If the owner or operator of the grease trap
or interceptor objects to the reinsertion, no decanted material may
be inserted in that grease trap or interceptor.
(c) A grease waste hauler shall not transport grease removed from
a grease trap or grease interceptor in the same vehicle used for
transporting other waste, including, but not limited to, yellow
grease, cooking grease, recyclable cooking oil, septic waste, or
fluids collected at car washes.
(d) For purposes of this section, a "grease waste hauler" is a
transporter of inedible kitchen grease subject to registration
requirements pursuant to Section 19310 of the Food and Agricultural
Code.
(e) Any person who violates this section shall be guilty of a
misdemeanor punishable by imprisonment in a county jail for not more
than six months or a fine of not more than ten thousand dollars
($10,000), or both a fine and imprisonment.
A second and subsequent conviction, shall be punishable by
imprisonment in a county jail for not more than one year, or a fine
of not more than twenty-five thousand dollars ($25,000), or both a
fine and imprisonment.
(f) Notwithstanding Section 1463, the fines paid pursuant to this
section shall be apportioned as follows:
(1) Fifty percent shall be deposited in the Environmental
Enforcement and Training Account established pursuant to Section
14303, and used for purposes of Title 13 (commencing with Section
14300) of Part 4.
(2) Twenty-five percent shall be distributed pursuant to Section
1463.001.
(3) Twenty-five percent to the local health officer or other local
public officer or agency that investigated the matter which led to
bringing the action.
(g) If the court finds that the violator has engaged in a practice
or pattern of violation, consisting of two or more convictions, the
court may bar the violating individual or business from engaging in
the business of grease waste hauling for a period not to exceed five
years.
(h) The court may require, in addition to any fine imposed upon
conviction, that as a condition of probation and in addition to any
other punishment or condition of probation, that a person convicted
under this section remove, or pay the cost of removing, to the extent
they are able, any materials which the convicted person dumped or
caused to be dumped in violation of this section.
(i) This section does not prohibit the direct receipt of trucked
grease by a publicly owned treatment works.
374.7. (a) A person who litters or causes to be littered, or dumps
or causes to be dumped, waste matter into a bay, lagoon, channel,
river, creek, slough, canal, lake, or reservoir, or other stream or
body of water, or upon a bank, beach, or shore within 150 feet of the
high water mark of a stream or body of water, is guilty of a
misdemeanor.
(b) A person convicted of a violation of subdivision (a) shall be
punished by a mandatory fine of not less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000) upon a
first conviction, by a mandatory fine of not less than five hundred
dollars ($500) nor more than one thousand five hundred dollars
($1,500) upon a second conviction, and by a mandatory fine of not
less than seven hundred fifty dollars ($750) nor more than three
thousand dollars ($3,000) upon a third or subsequent conviction.
(c) The court may, in addition to the fine imposed upon a
conviction, require as a condition of probation, in addition to any
other condition of probation, that any person convicted of a
violation of subdivision (a), pick up litter at a time and place
within the jurisdiction of the court for not less than eight hours.
374.8. (a) In any prosecution under this section, proof of the
elements of the offense shall not be dependent upon the requirements
of Title 22 of the California Code of Regulations.
(b) Any person who knowingly causes any hazardous substance to be
deposited into or upon any road, street, highway, alley, or railroad
right-of-way, or upon the land of another, without the permission of
the owner, or into the waters of this state is punishable by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for a term of 16 months, two years,
or three years, or by a fine of not less than fifty dollars ($50) nor
more than ten thousand dollars ($10,000), or by both the fine and
imprisonment, unless the deposit occurred as a result of an emergency
that the person promptly reported to the appropriate regulatory
authority.
(c) For purposes of this section, "hazardous substance" means
either of the following:
(1) Any material that, because of its quantity, concentration, or
physical or chemical characteristics, poses a significant present or
potential hazard to human health and safety or to the environment if
released into the environment, including, but not limited to,
hazardous waste and any material that the administering agency or a
handler, as defined in Chapter 6.91 (commencing with Section 25410)
of Division 20 of the Health and Safety Code, has a reasonable basis
for believing would be injurious to the health and safety of persons
or harmful to the environment if released into the environment.
(2) Any substance or chemical product for which one of the
following applies:
(A) The manufacturer or producer is required to prepare a MSDS, as
defined in Section 6374 of the Labor Code, for the substance or
product pursuant to the Hazardous Substances Information Training Act
(Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5
of the Labor Code) or pursuant to any applicable federal law or
regulation.
(B) The substance is described as a radioactive material in
Chapter 1 of Title 10 of the Code of Federal Regulations maintained
and updated by the nuclear Regulatory Commission.
(C) The substance is designated by the Secretary of Transportation
in Chapter 27 (commencing with Section 1801) of the appendix to
Title 49 of the United States Code and taxed as a radioactive
substance or material.
(D) The materials listed in subdivision (b) of Section 6382 of the
Labor Code.
374a. A person giving information leading to the arrest and
conviction of a person for a violation of Section 374c, 374.2, 374.3,
374.4, or 374.7 is entitled to a reward for providing the
information.
The amount of the reward for each arrest and conviction shall be
50 percent of the fine levied against and collected from the person
who violated Section 374c, 374.2, 374.3, 374.4, or 374.7 and shall be
paid by the court. If the reward is payable to two or more persons,
it shall be divided equally. The amount of collected fine to be paid
under this section shall be paid prior to any distribution of the
fine that may be prescribed by any other section, including Section
1463.9, with respect to the same fine.
374c. Every person who shoots any firearm from or upon a public
road or highway is guilty of a misdemeanor.
374d. Every person who knowingly allows the carcass of any dead
animal which belonged to him at the time of its death to be put, or
to remain, within 100 feet of any street, alley, public highway, or
road in common use, and every person who puts the carcass of any dead
animal within 100 feet of any street, alley, highway, or road in
common use is guilty of a misdemeanor.
375. (a) It shall be unlawful to throw, drop, pour, deposit,
release, discharge or expose, or to attempt to throw, drop, pour,
deposit, release, discharge or expose in, upon or about any theater,
restaurant, place of business, place of amusement or any place of
public assemblage, any liquid, gaseous or solid substance or matter
of any kind which is injurious to person or property, or is nauseous,
sickening, irritating or offensive to any of the senses.
(b) It shall be unlawful to manufacture or prepare, or to possess
any liquid, gaseous, or solid substance or matter of any kind which
is injurious to person or property, or is nauseous, sickening,
irritating or offensive, to any of the senses with intent to throw,
drop, pour, deposit, release, discharge or expose the same in, upon
or about any theater, restaurant, place of business, place of
amusement, or any other place of public assemblage.
(c) Any person violating any of the provisions hereof shall be
punished by imprisonment in the county jail for not less than three
months and not more than one year, or by a fine of not less than five
hundred dollars ($500) and not more than two thousand dollars
($2,000), or by both such fine and imprisonment.
(d) Any person who, in violating any of the provisions of
subdivision (a), willfully employs or uses any liquid, gaseous or
solid substance which may produce serious illness or permanent injury
through being vaporized or otherwise dispersed in the air or who, in
violating any of the provisions of subdivision (a), willfully
employs or uses any tear gas, mustard gas or any of the combinations
or compounds thereof, or willfully employs or uses acid or
explosives, shall be guilty of a felony and shall be punished by
imprisonment in the state prison.
377. Every person who, in order to obtain for himself or another
any drug that can be lawfully dispensed by a pharmacist only on
prescription, falsely represents himself to be a physician or other
person who can lawfully prescribe such drug, or falsely represents
that he is acting on behalf of a person who can lawfully prescribe
such drug, in a telephone communication with a pharmacist, is guilty
of a misdemeanor.
380. (a) Every person who sells, dispenses or distributes toluene,
or any substance or material containing toluene, to any person who is
less than 18 years of age shall be guilty of a misdemeanor, and upon
conviction shall be fined in a sum of not less than one thousand
dollars ($1,000), nor more than two thousand five hundred dollars
($2,500), or by imprisonment for not less than six months nor more
than one year.
(b) The court shall order the suspension of the business license,
for a period of one year, of a person who knowingly violates any of
the provisions of this section after having been previously convicted
of a violation of this section unless the owner of such business
license can demonstrate a good faith attempt to prevent illegal sales
or deliveries by employees. The provisions of this subdivision
shall become operative on July 1, 1980.
(c) The provisions of this section shall apply to, but are not
limited to, the sale or distribution of glue, cement, dope, paint
thinners, paint, and any combination of hydrocarbons either alone or
in combination with any substance or material including, but not
limited to, paint, paint thinners, shellac thinners, and solvents
which, when inhaled, ingested or breathed, can cause a person to be
under the influence of, or intoxicated from, any such combination of
hydrocarbons.
This section shall not prohibit the sale of gasoline or other
motor vehicle fuels to persons less than 18 years of age.
(d) This section shall not apply to any glue or cement which has
been certified by the State Department of Health Services as
containing a substance which makes such glue or cement malodorous or
causes such glue or cement to induce sneezing, nor shall this section
apply where the glue or cement is sold, delivered, or given away
simultaneously with or as part of a kit used for the construction of
model airplanes, model boats, model automobiles, model trains, or
other similar models or used for the assembly or creation of hobby
craft items using such components as beads, tiles, tiffany glass,
ceramics, clay, or other craft-related components.
381. (a) Any person who possesses toluene or any substance or
material containing toluene, including, but not limited to, glue,
cement, dope, paint thinner, paint and any combination of
hydrocarbons, either alone or in combination with any substance or
material including but not limited to paint, paint thinner, shellac
thinner, and solvents, with the intent to breathe, inhale or ingest
for the purpose of causing a condition of intoxication, elation,
euphoria, dizziness, stupefaction, or dulling of the senses or for
the purpose of, in any manner, changing, distorting or disturbing the
audio, visual, or mental processes, or who knowingly and with the
intent to do so is under the influence of toluene or any material
containing toluene, or any combination of hydrocarbons is guilty of a
misdemeanor.
(b) Any person who possesses any substance or material, which the
State Department of Health Services has determined by regulations
adopted pursuant to the Administrative Procedures Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) has toxic qualities similar to toluene, with
the intent to breathe, inhale, or ingest for the purpose of causing a
condition of intoxication, elation, euphoria, dizziness, excitement,
irrational behavior, exhilaration, satisfaction, stupefaction, or
dulling of the senses or for the purpose of, in any manner, changing,
distorting or disturbing the audio, visual, or mental processes, or
who is under the influence of such substance or material is guilty of
a misdemeanor.
381a. Any person, or persons, whether as principals, agents,
managers, or otherwise, who buy or sell dairy products, or deal in
milk, cream or butter, and who buy or sell the same upon the basis of
their richness or weight or the percentage of cream, or butter-fat
contained therein, who use any apparatus, test bottle or other
appliance, or who use the "Babcock test" or machine of like character
for testing such dairy products, cream or butter, which is not
accurate and correct, or which gives wrong or false percentages, or
which is calculated in any way to defraud or injure the person with
whom he deals, is guilty of a misdemeanor, and upon conviction shall
be fined not more than one thousand dollars ($1,000) or imprisoned in
the county jail not more than six (6) months.
381b. Any person who possesses nitrous oxide or any substance
containing nitrous oxide, with the intent to breathe, inhale, or
ingest for the purpose of causing a condition of intoxication,
elation, euphoria, dizziness, stupefaction, or dulling of the senses
or for the purpose of, in any manner, changing, distorting, or
disturbing the audio, visual, or mental processes, or who knowingly
and with the intent to do so is under the influence of nitrous oxide
or any material containing nitrous oxide is guilty of a misdemeanor.
This section shall not apply to any person who is under the
influence of nitrous oxide or any material containing nitrous oxide
pursuant to an administration for the purpose of medical, surgical,
or dental care by a person duly licensed to administer such an agent.
382. Every person who adulterates or dilutes any article of food,
drink, drug, medicine, spirituous or malt liquor, or wine, or any
article useful in compounding them, with the fraudulent intent to
offer the same, or cause or permit it to be offered for sale as
unadulterated or undiluted; and every person who fraudulently sells,
or keeps or offers for sale the same, as unadulterated or undiluted,
or who, in response to an inquiry for any article of food, drink,
drug, medicine, spirituous or malt liquor, or wine, sells or offers
for sale, a different article, or an article of a different character
or manufacture, without first informing such purchaser of such
difference, is guilty of a misdemeanor; provided, that no retail
dealer shall be convicted under the provisions of this section if he
shall prove a written guaranty of purity obtained from the person
from whom he purchased such adulterated or diluted goods.
382.4. No person, other than a licensed veterinarian, shall
administer succinylcholine, also known as sucostrin, to any dog or
cat.
Violation of this section shall constitute a misdemeanor.
382.5. Every person who sells, dispenses, administers or prescribes
dinitrophenol for any purpose shall be guilty of a felony,
punishable by a fine not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000), or by imprisonment in the
state prison, or by both such fine and imprisonment.
This section shall not apply to dinitrophenol manufactured or sold
as an economic poison registered under the provision of Section
12811 of the Food and Agricultural Code nor to sales for use in
manufacturing or for scientific purposes, and not for human
consumption.
382.6. Every person who sells, dispenses, administers or prescribes
preparations containing diphenylamine, paraphenylenediamine, or
paratoluylenediamine, or a derivative of any such chemicals, to be
used as eyebrow and eyelash dye, shall be guilty of a felony,
punishable by a fine not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000), or by imprisonment in the
state prison, or by both such fine and imprisonment.
382.7. Every person who knowingly prescribes, dispenses,
administers, or furnishes any liquid silicone substance for the
purpose of injection into a human breast or mammary is guilty of a
misdemeanor.
383. Every person who knowingly sells, or keeps or offers for sale,
or otherwise disposes of any article of food, drink, drug, or
medicine, knowing that the same is adulterated or has become tainted,
decayed, spoiled, or otherwise unwholesome or unfit to be eaten or
drunk, with intent to permit the same to be eaten or drunk, is guilty
of a misdemeanor, and must be fined not exceeding one thousand
dollars ($1,000), or imprisoned in the county jail not exceeding six
months, or both, and may, in the discretion of the court, be adjudged
to pay, in addition, all the necessary expenses, not exceeding one
thousand dollars ($1,000), incurred in inspecting and analyzing such
articles. The term "drug," as used herein, includes all medicines for
internal or external use, antiseptics, disinfectants, and cosmetics.
The term "food," as used herein, includes all articles used for
food or drink by man, whether simple, mixed, or compound. Any
article is deemed to be adulterated within the meaning of this
section:
(a) In case of drugs: (1) if, when sold under or by a name
recognized in the United States Pharmacopoeia, it differs materially
from the standard of strength, quality, or purity laid down therein;
(2) if, when sold under or by a name not recognized in the United
States Pharmacopoeia, but which is found in some other pharmacopoeia
or other standard work on materia medica, it differs materially from
the standard of strength, quality, or purity laid down in such work;
(3) if its strength, quality, or purity falls below the professed
standard under which it is sold.
(b) In the case of food: (1) if any substance or substances have
been mixed with it, so as to lower or depreciate, or injuriously
affect its quality, strength, or purity; (2) if any inferior or
cheaper substance or substances have been substituted wholly or in
part for it; (3) if any valuable or necessary constituent or
ingredient has been wholly or in part abstracted from it; (4) if it
is an imitation of, or is sold under the name of, another article;
(5) if it consists wholly, or in part, of a diseased, decomposed,
putrid, infected, tainted, or rotten animal or vegetable substance or
article, whether manufactured or not; or in the case of milk, if it
is the produce of a diseased animal; (6) if it is colored, coated,
polished, or powdered, whereby damage or inferiority is concealed, or
if by any means it is made to appear better or of greater value than
it really is; (7) if it contains any added substance or ingredient
which is poisonous or injurious to health.
383a. Any person, firm, or corporation, who sells or offers for
sale, or has in his or its possession for sale, any butter
manufactured by boiling, melting, deodorizing, or renovating, which
is the product of stale, rancid, or decomposed butter, or by any
other process whereby stale, rancid, or decomposed butter is
manufactured to resemble or appear like creamery or dairy butter,
unless the same is plainly stenciled or branded upon each and every
package, barrel, firkin, tub, pail, square, or roll, in letters not
less than one half inch in length, "process butter," or "renovated
butter," in such a manner as to advise the purchaser of the real
character of such "process" or "renovated" butter, is guilty of a
misdemeanor.
383b. Every person who with intent to defraud, sells or exposes for
sale any meat or meat preparations, and falsely represents the same
to be kosher, whether such meat or meat preparations be raw or
prepared for human consumption, or as having been prepared under and
from a product or products sanctioned by the orthodox Hebrew
religious requirements; or falsely represents any food product, or
the contents of any package or container, to be so constituted and
prepared, by having or permitting to be inscribed thereon the words
"kosher" in any language; or sells or exposes for sale in the same
place of business both kosher and nonkosher meat or meat
preparations, either raw or prepared for human consumption, who fails
to indicate on his window signs in all display advertising in block
letters at least four inches in height "kosher and nonkosher meats
sold here"; or who exposes for sale in any show window or place of
business as both kosher and nonkosher meat preparations, either raw
or prepared for human consumption, who fails to display over each
kind of meat or meat preparation so exposed a sign in block letters
at least four inches in height, reading "kosher meat" or "nonkosher
meat" as the case may be; or sells or exposes for sale in any
restaurant or any other place where food products are sold for
consumption on the premises, any article of food or food preparations
and falsely represents the same to be kosher, or as having been
prepared in accordance with the orthodox Hebrew religious
requirements; or sells or exposes for sale in such restaurant, or
such other place, both kosher and nonkosher food or food preparations
for consumption on the premises, not prepared in accordance with the
Jewish ritual, or not sanctioned by the Hebrew orthodox religious
requirements, and who fails to display on his window signs in all
display advertising, in block letters at least four inches in height
"kosher and nonkosher food served here" is guilty of a misdemeanor
and upon conviction thereof be punishable by a fine of not less than
one hundred dollars ($100), nor more than six hundred dollars ($600),
or imprisonment in the county jail of not less than 30 days, nor
more than 90 days, or both such fine and imprisonment.
The word "kosher" is here defined to mean a strict compliance with
every Jewish law and custom pertaining and relating to the killing
of the animal or fowl from which the meat is taken or extracted, the
dressing, treatment and preparation thereof for human consumption,
and the manufacture, production, treatment and preparation of such
other food or foods in connection wherewith Jewish laws and customs
obtain and to the use of tools, implements, vessels, utensils, dishes
and containers that are used in connection with the killing of such
animals and fowls and the dressing, preparation, production,
manufacture and treatment of such meats and other products, foods and
food stuffs.
383c. Every person who with intent to defraud, sells or exposes for
sale any meat or meat preparations, and falsely represents the same
to be halal, whether the meat or meat preparations is raw or prepared
for human consumption, or as having been prepared under and from a
product or products sanctioned by the Islamic religious requirements;
or falsely represents any food product, or the contents of any
package or container, to be so constituted and prepared, by having or
permitting to be inscribed thereon the word "halal" in any language;
or sells or exposes for sale in the same place of business both
halal and nonhalal meat or meat preparations, either raw or prepared
for human consumption, who fails to indicate on his or her window
signs in all display advertising in block letters at least four
inches in height "halal and nonhalal meats sold here"; or who exposes
for sale in any show window or place of business as both halal and
nonhalal meat preparations, either raw or prepared for human
consumption, who fails to display over each kind of meat or meat
preparation so exposed a sign in block letters at least four inches
in height, reading "halal meat" or "nonhalal meat" as the case may
be; or sells or exposes for sale in any restaurant or any other place
where food products are sold for consumption on the premises, any
article of food or food preparations and falsely represents the same
to be halal, or as having been prepared in accordance with the
Islamic religious requirements; or sells or exposes for sale in a
restaurant, or other place, both halal and nonhalal food or food
preparations for consumption on the premises, not prepared in
accordance with the Islamic ritual, or not sanctioned by Islamic
religious requirements, and who fails to display on his or her window
signs in all display advertising, in block letters at least four
inches in height "halal and nonhalal food served here" is guilty of a
misdemeanor and upon conviction thereof be punishable by a fine of
not less than one hundred dollars ($100), nor more than six hundred
dollars ($600), or imprisonment in a county jail of not less than 30
days, nor more than 90 days, or both that fine and imprisonment.
The word "halal" is here defined to mean a strict compliance with
every Islamic law and custom pertaining and relating to the killing
of the animal or fowl from which the meat is taken or extracted, the
dressing, treatment, and preparation thereof for human consumption,
and the manufacture, production, treatment, and preparation of other
food or foods in connection wherewith Islamic laws and customs obtain
and to the use of tools, implements, vessels, utensils, dishes, and
containers that are used in connection with the killing of animals
and fowls and the dressing, preparation, production, manufacture, and
treatment of meats and other products, foods, and food stuffs.
384. (a) Any person who shall wilfully refuse to immediately
relinquish a party line when informed that such line is needed for an
emergency call, and in fact such line is needed for an emergency
call, to a fire department or police department or for medical aid or
ambulance service, or any person who shall secure the use of a party
line by falsely stating that such line is needed for an emergency
call, shall be guilty of a misdemeanor.
(b) "Party line" as used in this section means a subscribers' line
telephone circuit, consisting of two or more main telephone stations
connected therewith, each station with a distinctive ring or
telephone number. "Emergency" as used in this section means a
situation in which property or human life is in jeopardy and the
prompt summoning of aid is essential.
(c) Every telephone directory hereafter published and distributed
to the members of the general public in this State or in any portion
thereof which lists the calling numbers of telephones of any
telephone exchange located in this State shall contain a notice which
explains the offense provided for in this section, such notice to be
printed in type which is not smaller than any other type on the same
page and to be preceded by the word "warning" printed in type at
least as large as the largest type on the same page; provided, that
the provisions of this subdivision shall not apply to those
directories distributed solely for business advertising purposes,
commonly known as classified directories, nor to any telephone
directory heretofore distributed to the general public. Any person,
firm or corporation providing telephone service which distributes or
causes to be distributed in this State copies of a telephone
directory which is subject to the provisions of this section and
which do not contain the notice herein provided for shall be guilty
of a misdemeanor.
384.5. (a) (1) Any person who removes any minor forest products
from the property where the products were cut and transports the
products upon any public road or highway shall have in the person's
possession a valid bill of sale for the products or a written permit
issued by the owner of the property from which the products were
removed authorizing the removal and transport.
(2) Any such permit or bill of sale shall include, but is not
limited to, all of the following:
(A) The name, address, and signature of the landowner, and phone
number, if available.
(B) The name, address, and signature of the permittee or
purchaser.
(C) The amount, species, and type of minor forest products to be
removed and transported.
(D) A description sufficient to identify the property from which
the minor forest products are to be removed.
(E) The date of issuance of the permit or bill of sale and the
duration of the period of time within which the minor forest products
may be removed.
(F) Any conditions or additional information which the landowner
may impose or include.
(3) Any permit for the removal of minor forest products from
public lands that is issued by the United States Forest Service or
the Bureau of Land Management is sufficient for the purposes of this
subdivision, regardless of whether the permit conforms to the
specific requirements as to content set forth in paragraph (2).
(4) For the purposes of this subdivision, "minor forest products"
means firewood, posts, shakeboards, shake and shingle bolts, or split
products, in quantities exceeding 20 cubic feet in volume, and
burlwood or stumps, in quantities of two or more.
(b) This section shall not apply to the transport of any minor
forest products carried in a passenger vehicle, as defined in Section
465 of the Vehicle Code.
(c) Violation of subdivision (a) is a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000) or by
imprisonment in a county jail for not more than six months or by both
that fine and imprisonment.
384a. Every person who within the State of California willfully or
negligently cuts, destroys, mutilates, or removes any tree or shrub,
or fern or herb or bulb or cactus or flower, or huckleberry or
redwood greens, or portion of any tree or shrub, or fern or herb or
bulb or cactus or flower, or huckleberry or redwood greens, growing
upon state or county highway rights-of-way, or who removes leaf mold
thereon, except that the provisions of this section shall not be
construed to apply to any employee of the state or of any political
subdivision thereof engaged in work upon any state, county, or public
road or highway while performing work under the supervision of the
state or of any political subdivision thereof, and every person who
willfully or negligently cuts, destroys, mutilates, or removes any
tree or shrub, or fern or herb or bulb or cactus or flower, or
huckleberry or redwood greens, or portions of any tree or shrub, or
fern or herb or bulb or cactus or flower, or huckleberry or redwood
greens, growing upon public land or upon land not his or her own, or
leaf mold on the surface of public land, or upon land not his or her
own, without a written permit from the owner of the land signed by
the owner or the owner's authorized agent, and every person who
knowingly sells, offers, or exposes for sale, or transports for sale,
any tree or shrub, or fern or herb or bulb or cactus or flower, or
huckleberry or redwood greens, or portion of any tree or shrub, or
fern or herb or bulb or cactus or flower, or huckleberry or redwood
greens, or leaf mold, so cut or removed from state or county highway
rights-of-way, or removed from public land or from land not owned by
the person who cut or removed the same without the written permit
from the owner of the land, signed by the owner or the owner's
authorized agent, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand
dollars ($1,000), by imprisonment in a county jail for not more than
six months, or by both fine and imprisonment.
The written permit required under this section shall be signed by
the landowner, or the landowner's authorized agent, and acknowledged
before a notary public, or other person authorized by law to take
acknowledgments. The permit shall contain the number and species of
trees and amount of shrubs or ferns or herbs or bulbs or cacti or
flowers, or huckleberry or redwood greens, or portions of any tree or
shrub, and shall contain the legal description of the real property
as usually found in deeds and conveyances of the land on which
cutting or removal, or both, shall take place. One copy of the
permit shall be filed in the office of the sheriff of the county in
which the land described in the permit is located. The permit shall
be filed prior to commencement of cutting of the trees or shrub or
fern or herb or bulb or cactus or flower or huckleberry or redwood
green or portions of any tree or shrub authorized by the permit. The
permit required by this section need not be notarized or filed with
the office of the sheriff of the county where trees are to be removed
when five or less trees or five or less pounds of shrubs or boughs
are to be cut or removed.
Any county or state fire warden, or personnel of the Department of
Forestry and Fire Protection as designated by the Director of
Forestry and Fire Protection, and personnel of the United States
Forest Service as designated by the Regional Forester, Region 5, of
the United States Forest Service, or any peace officer of the State
of California, may enforce the provisions of this section and may
confiscate any and all such shrubs, trees, ferns or herbs or bulbs or
cacti or flowers, or huckleberry or redwood greens or leaf mold, or
parts thereof unlawfully cut or removed or knowingly sold, offered,
or exposed or transported for sale as provided in this section.
This section does not apply to any tree or shrub, or fern or
herb or bulb or cactus or flower, or greens declared by law to be a
public nuisance.
This section does not apply to the necessary cutting or trimming
of any trees, shrubs, or ferns or herbs or bulbs or cacti or
flowers, or greens if done for the purpose of protecting or
maintaining an electric powerline, telephone line, or other property
of a public utility.
This section does not apply to persons engaged in logging
operations, or in suppressing fires.
384b. For the purposes of Sections 384c through 384f, inclusive,
unless the context otherwise requires, the definitions contained in
this section govern the construction of those sections.
(a) "Person" includes an employee with wages as his or her sole
compensation.
(b) "Permit" means a permit as required by Section 384a.
(c) "Tree" means any evergreen tree or top thereof which is
harvested without having the limbs and foliage removed.
(d) "Shrub" means any toyon or Christmas red-berry shrub or any of
the following native desert plants: all species of the family
Cactaceae (cactus family); and Agave deserti (desert agave), Agave
utahensis (Utah agave), Nolina bigelovii, Nolina parryi (Parry
nolina), Nolina wolfii, Yucca baccata, Yucca brevifolia (Joshua
tree), Yucca schidigera (Mohave yucca), Yucca whipplei (Whipple
yucca), Cercidium floridum (blue palo verde), Cercidium microphyllum
(little leaf palo verde), Dalea spinosa (smoke tree), Olneya tesota
(ironwood tree), and Fouquieria splendens (ocotillo), or any part
thereof, except the fruit thereof, which is harvested without having
the limbs and foliage removed.
(e) "Bough" means any limb or foliage removed from an evergreen
tree.
(f) "Peace officer" means any county or state fire warden,
personnel of the Department of Forestry and Fire Protection as
designated by the Director of Forestry and Fire Protection, personnel
of the United States Forest Service as designated by the Regional
Forester, Region 5 of the United States Forest Service, personnel of
the United States Department of the Interior as designated by them,
or any peace officer of the State of California.
(g) "Harvest" means to remove or cut and remove from the place
where grown.
(h) "Harvester" means a person who harvests a tree, shrub, or
bough.
384c. Persons purchasing trees, shrubs, or boughs from harvesters
thereof shall not transport more than five trees or more than five
pounds of shrubs or boughs on the public roads or highways without
obtaining from the seller of the trees, shrubs, or boughs and having
validated as provided in Section 384d a transportation tag for each
load of the trees, shrubs, or boughs.
Unless a valid transportation tag issued in California for a tree,
shrub, or bough has already been obtained, persons who harvest
trees, shrubs, or boughs from their own land or the land of another
or who are in possession of trees, shrubs, or boughs shall, before
transporting on the public roads or highways or selling or consigning
for removal and transportation over the public roads and highways
more than five trees or more than five pounds of other shrubs or
boughs, file with the sheriff of each county in which the trees,
shrubs, or boughs are to be harvested an application for
transportation tags and obtain a supply of these transportation tags
sufficient to provide one tag for each load of trees, shrubs, or
boughs to be so transported or sold.
No person shall knowingly make any false statement on any
application for the transportation tags and the application shall
contain, but is not limited to, the following information:
(a) The name and address of the applicant.
(b) The amount and species of trees, shrubs, or boughs to be
transported.
(c) The name of the county from which the trees, shrubs, or boughs
are to be removed.
(d) A legal description of the real property from which the trees,
shrubs, or boughs are to be removed.
(e) The name or names of the owner of the real property from which
the trees, shrubs, or boughs are to be removed.
(f) The applicant's timber operator permit number, if the
harvesting of the trees, shrubs, or boughs is subject to the Z'
berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2 of Division 4 of the Public Resources Code).
(g) The destination of the trees, shrubs, or boughs.
(h) The proposed date or dates of the transportation.
Every applicant shall, at the time of application, show to the
sheriff his or her permit or proof of ownership of the trees, shrubs,
or boughs. The application forms and transportation tags shall be
printed and distributed by the sheriff of each county.
384d. Upon the filing of an application containing the information
required by Section 384c, and the presentation of a permit or proof
of ownership as required by Section 384c, the county sheriff's office
shall issue to persons who harvest or have in their possession,
trees, shrubs or boughs within the county sufficient transportation
tags stamped with the county seal and identified by the applicant's
timber operator permit number, if any, to enable the person
transporting any of the trees, shrubs or boughs harvested within the
county by the applicant to have a tag accompany each and every load
of such trees, shrubs or boughs. Harvesters of trees, shrubs or
boughs, when selling from stockpile location, shall furnish to the
purchaser of trees, shrubs or boughs a bill of sale and a
transportation tag for each load or part thereof bearing the
harvester's timber operator permit number, if any, and other
information as hereinafter required.
The purchaser of harvested trees, shrubs or boughs or the
harvester when transporting his own trees, shrubs or boughs shall
have the transportation tag validated by a peace officer in the
county of purchase or harvest or by the nearest peace officer in an
adjacent county when the transportation route used does not pass an
office of a peace officer in the county of purchase or harvest. The
validated transportation tag or tags shall remain with the load to
the marketing area.
The transportation tags shall be in two parts; one to be retained
by the transporting party; one to be retained by the validating peace
officer and forwarded to the county sheriff. The transportation
tags shall be validated and in force only for the proposed date or
dates of transportation as specified in the application for the
transportation tags. The transportation tags will be validated
without fee and each shall contain the following information: name
and address of the person obtaining and using the tag; number or
amount of each species of trees, shrubs and boughs in the load; make,
model and license number of the transporting vehicle; the county of
origin and county of destination; the specified period of time during
which the transportation tag is in force; date and validating
signature and title of a peace officer.
384e. (a) The transportation tag described in Section 384d shall be
presented to any peace officer upon demand.
(b) Failure to produce a transportation tag properly filled out
and validated upon demand of any peace officer shall constitute
sufficient grounds to hold in protective custody the entire load of
trees, shrubs or boughs, until proof of legal right to transport is
furnished.
384f. Any person violating any of the provisions of Sections 384b
through 384f shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand
dollars ($1,000) or by imprisonment in the county jail not exceeding
six months or by both such fine and imprisonment.
384h. Every person who willfully or negligently, while hunting upon
the inclosed lands of another, kills, maims, or wounds an animal,
the property of another, is guilty of a misdemeanor.
384i. (a) Sections 384a to 384f, inclusive, shall not apply to
maintenance and construction activities of public agencies and their
employees.
(b) Sections 384b to 384f, inclusive, shall not apply to native
desert plants described in subdivision (b) of Section 384b, that have
been propagated and cultivated by human beings and which are being
transported under Section 6922 or 6923 of the Food and Agricultural
Code, pursuant to a valid nursery stock certificate.
(c) Sections 384a to 384f, inclusive, shall not apply to any act
regulated by the provisions of Division 23 (commencing with Section
80001) of the Food and Agricultural Code.
385. (a) The term "high voltage" as used in this section means a
voltage in excess of 750 volts, measured between conductors or
measured between the conductor and the ground.
The term "overhead conductor" as used in this section means any
electrical conductor (either bare or insulated) installed above the
ground except such conductors as are enclosed in iron pipe or other
metal covering of equal strength.
(b) Any person who either personally or through an employee or
agent, or as an employee or agent of another, operates, places,
erects or moves any tools, machinery, equipment, material, building
or structure within six feet of a high voltage overhead conductor is
guilty of a misdemeanor.
(c) It shall be a misdemeanor to own, operate or to employ any
person to operate, any crane, derrick, power shovel, drilling rig,
hay loader, hay stacker, pile driver, or similar apparatus, any part
of which is capable of vertical, lateral or swinging motion, unless
there is posted and maintained in plain view of the operator thereof,
a durable warning sign legible at 12 feet, reading: "Unlawful to
operate this equipment within six feet of high voltage lines."
Each day's failure to post or maintain such sign shall constitute
a separate violation.
(d) The provisions of this section shall not apply to (1) the
construction, reconstruction, operation or maintenance of any high
voltage overhead conductor, or its supporting structures or
appurtenances by persons authorized by the owner, or (2) the
operation of standard rail equipment which is normally used in the
transportation of freight or passengers, or the operation of relief
trains or other emergency railroad equipment by persons authorized by
the owner, or (3) any construction, reconstruction, operation or
maintenance of any overhead structures covered by the rules for
overhead line construction prescribed by the Public Utilities
Commission of the State of California.
386. (a) Any person who willfully or maliciously constructs or
maintains a fire-protection system in any structure with the intent
to install a fire protection system which is known to be inoperable
or to impair the effective operation of a system, so as to threaten
the safety of any occupant or user of the structure in the event of a
fire, shall be subject to imprisonment in the state prison for two,
three, or four years.
(b) A violation of subdivision (a) which proximately results in
great bodily injury or death is a felony punishable by imprisonment
in the state prison for five, six, or seven years.
(c) As used in this section, "fire-protection system" includes,
but is not limited to, an automatic fire sprinkler system, standpipe
system, automatic fixed fire extinguishing system, and fire alarm
system.
(d) For purposes of this section, the following definitions shall
control:
(1) "Automatic fire sprinkler system" means an integrated system
of underground and overhead piping designed in accordance with fire
protection engineering standards. The portion of the sprinkler
system above ground is a network of specially sized or hydraulically
designed piping installed in a building, structure, or area,
generally overhead, and to which sprinklers are attached in a
systematic pattern. The valve controlling each system riser is
located in the system riser or its supply piping. Each sprinkler
system riser includes a device for activating an alarm when the
system is in operation. The system is normally activated by heat
from a fire, and it discharges water over the fire area.
(2) "Standpipe system" means an arrangement of piping, valves, and
hose connectors and allied equipment installed in a building or
structure with the hose connectors located in a manner that water can
be discharged in streams or spray patterns through attached hose and
nozzles. The purpose of the system is to extinguish a fire, thereby
protecting a building or structure and its contents and occupants.
This system relies upon connections to water supply systems or pumps,
tanks, and other equipment necessary to provide an adequate supply
of water to the hose connectors.
(3) "Automatic fixed fire extinguishing system" means either of
the following:
(A) An engineered fixed extinguishing system which is custom
designed for a particular hazard, using components which are approved
or listed only for their broad performance characteristics.
Components may be arranged into a variety of configurations. These
systems shall include, but not be limited to, dry chemical systems,
carbon dioxide systems, halogenated agent systems, steam systems,
high expansion foam systems, foam extinguishing systems, and liquid
agent systems.
(B) A pre-engineered fixed extinguishing system is a system where
the number of components and their configurations are included in the
description of the system's approval and listing. These systems
include, but are not limited to, dry chemical systems, carbon dioxide
systems, halogenated agent systems, and liquid agent systems.
(4) "Fire alarm system" means a control unit and a combination of
electrical interconnected devices designed and intended to cause an
alarm or warning of fire in a building or structure by either manual
or automatic activation, or by both, and includes the systems
installed throughout any building or portion thereof.
(5) "Structure" means any building, whether private, commercial,
or public, or any bridge, tunnel, or powerplant.
387. (a) Any corporation, limited liability company, or person who
is a manager with respect to a product, facility, equipment, process,
place of employment, or business practice, is guilty of a public
offense punishable by imprisonment in the county jail for a term not
exceeding one year, or by a fine not exceeding ten thousand dollars
($10,000), or by both that fine and imprisonment; or by imprisonment
in the state prison for 16 months, two, or three years, or by a fine
not exceeding twenty-five thousand dollars ($25,000); or by both that
fine and imprisonment, but if the defendant is a corporation or a
limited liability company the fine shall not exceed one million
dollars ($1,000,000), if that corporation, limited liability company,
or person does all of the following:
(1) Has actual knowledge of a serious concealed danger that is
subject to the regulatory authority of an appropriate agency and is
associated with that product or a component of that product or
business practice.
(2) Knowingly fails during the period ending 15 days after the
actual knowledge is acquired, or if there is imminent risk of great
bodily harm or death, immediately, to do both of the following:
(A) Inform the Division of Occupational Safety and Health in the
Department of Industrial Relations in writing, unless the
corporation, limited liability company, or manager has actual
knowledge that the division has been so informed.
Where the concealed danger reported pursuant to this paragraph is
subject to the regulatory authority of an agency other than the
Division of Occupational Safety and Health in the Department of
Industrial Relations, it shall be the responsibility of the Division
of Occupational Safety and Health in the Department of Industrial
Relations, within 24 hours of receipt of the information, to
telephonically notify the appropriate government agency of the
hazard, and promptly forward any written notification received.
(B) Warn its affected employees in writing, unless the
corporation, limited liability company, or manager has actual
knowledge that the employees have been so warned.
The requirement for disclosure is not applicable if the hazard is
abated within the time prescribed for reporting, unless the
appropriate regulatory agency nonetheless requires disclosure by
regulation.
Where the Division of Occupational Safety and Health in the
Department of Industrial Relations was not notified, but the
corporation, limited liability company, or manager reasonably and in
good faith believed that they were complying with the notification
requirements of this section by notifying another government agency,
as listed in paragraph (8) of subdivision (d), no penalties shall
apply.
(b) As used in this section:
(1) "Manager" means a person having both of the following:
(A) Management authority in or as a business entity.
(B) Significant responsibility for any aspect of a business that
includes actual authority for the safety of a product or business
practice or for the conduct of research or testing in connection with
a product or business practice.
(2) "Product" means an article of trade or commerce or other item
of merchandise that is a tangible or an intangible good, and includes
services.
(3) "Actual knowledge," used with respect to a serious concealed
danger, means has information that would convince a reasonable person
in the circumstances in which the manager is situated that the
serious concealed danger exists.
(4) "Serious concealed danger," used with respect to a product or
business practice, means that the normal or reasonably foreseeable
use of, or the exposure of an individual to, the product or business
practice creates a substantial probability of death, great bodily
harm, or serious exposure to an individual, and the danger is not
readily apparent to an individual who is likely to be exposed.
(5) "Great bodily harm" means a significant or substantial
physical injury.
(6) "Serious exposure" means any exposure to a hazardous
substance, when the exposure occurs as a result of an incident or
exposure over time and to a degree or in an amount sufficient to
create a substantial probability that death or great bodily harm in
the future would result from the exposure.
(7) "Warn its affected employees" means give sufficient
description of the serious concealed danger to all individuals
working for or in the business entity who are likely to be subject to
the serious concealed danger in the course of that work to make
those individuals aware of that danger.
(8) "Appropriate government agency" means an agency on the
following list that has regulatory authority with respect to the
product or business practice and serious concealed dangers of the
sort discovered:
(A) The Division of Occupational Safety and Health in the
Department of Industrial Relations.
(B) State Department of Health Services.
(C) Department of Agriculture.
(D) County departments of health.
(E) The United States Food and Drug Administration.
(F) The United States Environmental Protection Agency.
(G) The National Highway Traffic Safety Administration.
(H) The Federal Occupation Safety and Health Administration.
(I) The Nuclear Regulatory Commission.
(J) The Consumer Product Safety Commission.
(K) The Federal Aviation Administration.
(L) The Federal Mine Safety and Health Review Commission.
(c) Notification received pursuant to this section shall not be
used against any manager in any criminal case, except a prosecution
for perjury or for giving a false statement.
(d) No person who is a manager of a limited liability company
shall be personally liable for acts or omissions for which the
limited liability company is liable under subdivision (a) solely by
reason of being a manager of the limited liability company. A person
who is a manager of a limited liability company may be held liable
under subdivision (a) if that person is also a "manager" within the
meaning of paragraph (1) of subdivision (b).
395. Every person who willfully makes or publishes any false
statement, spreads any false rumor, or employs any other false or
fraudulent means or device, with intent to affect the market price of
any kind of property, is guilty of a misdemeanor.
396. (a) The Legislature hereby finds that during emergencies and
major disasters, including, but not limited to, earthquakes, fires,
floods, or civil disturbances, some merchants have taken unfair
advantage of consumers by greatly increasing prices for essential
consumer goods and services. While the pricing of consumer goods and
services is generally best left to the marketplace under ordinary
conditions, when a declared state of emergency results in abnormal
disruptions of the market, the public interest requires that
excessive and unjustified increases in the prices of essential
consumer goods and services be prohibited. It is the intent of the
Legislature in enacting this act to protect citizens from excessive
and unjustified increases in the prices charged during or shortly
after a declared state of emergency for goods and services that are
vital and necessary for the health, safety, and welfare of consumers.
Further it is the intent of the Legislature that this section be
liberally construed so that its beneficial purposes may be served.
(b) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, storm, or natural or manmade
disaster declared by the President of the United States or the
Governor, or upon the declaration of a local emergency resulting from
an earthquake, flood, fire, riot, storm, or natural or manmade
disaster by the executive officer of any county, city, or city and
county, and for a period of 30 days following that declaration, it is
unlawful for a person, contractor, business, or other entity to sell
or offer to sell any consumer food items or goods, goods or services
used for emergency cleanup, emergency supplies, medical supplies,
home heating oil, building materials, housing, transportation,
freight, and storage services, or gasoline or other motor fuels for a
price of more than 10 percent above the price charged by that person
for those goods or services immediately prior to the proclamation of
emergency. However, a greater price increase is not unlawful if
that person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the
goods, or directly attributable to additional costs for labor or
materials used to provide the services, provided that in those
situations where the increase in price is attributable to additional
costs imposed by the seller's supplier or additional costs of
providing the good or service during the state of emergency, the
price represents no more than 10 percent above the total of the cost
to the seller plus the markup customarily applied by the seller for
that good or service in the usual course of business immediately
prior to the onset of the state of emergency.
(c) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, or storm declared by the President
of the United States or the Governor, or upon the declaration of a
local emergency resulting from an earthquake, flood, fire, riot, or
storm by the executive officer of any county, city, or city and
county, and for a period of 180 days following that declaration, it
is unlawful for a contractor to sell or offer to sell any repair or
reconstruction services or any services used in emergency cleanup for
a price of more than 10 percent above the price charged by that
person for those services immediately prior to the proclamation of
emergency. However, a greater price increase is not unlawful if that
person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the
goods, or directly attributable to additional costs for labor or
materials used to provide the services, provided that in those
situations where the increase in price is attributable to the
additional costs imposed by the contractor's supplier or additional
costs of providing the service during the state of emergency, the
price represents no more than 10 percent above the total of the cost
to the contractor plus the markup customarily applied by the
contractor for that good or service in the usual course of business
immediately prior to the onset of the state of emergency.
(d) Upon the proclamation of a state of emergency resulting from
an earthquake, flood, fire, riot, storm, or other natural disaster
declared by the President of the United States or the Governor, or
upon the declaration of a local emergency resulting from an
earthquake, flood, fire, riot, storm, or other natural disaster by
the executive officer of any county, city, or city and county, and
for a period of 30 days following that proclamation or declaration,
it is unlawful for an owner or operator of a hotel or motel to
increase the hotel or motel's regular rates, as advertised
immediately prior to the proclamation or declaration of emergency, by
more than 10 percent. However, a greater price increase is not
unlawful if the owner or operator can prove that the increase in
price is directly attributable to additional costs imposed on it for
goods or labor used in its business, to seasonal adjustments in rates
that are regularly scheduled, or to previously contracted rates.
(e) The provisions of this section may be extended for additional
30-day periods by a local legislative body or the California
Legislature, if deemed necessary to protect the lives, property, or
welfare of the citizens.
(f) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for a period not exceeding one year, or
by a fine of not more than ten thousand dollars ($10,000), or by
both that fine and imprisonment.
(g) A violation of this section shall constitute an unlawful
business practice and an act of unfair competition within the meaning
of Section 17200 of the Business and Professions Code. The remedies
and penalties provided by this section are cumulative to each other,
the remedies under Section 17200 of the Business and Professions
Code, and the remedies or penalties available under all other laws of
this state.
(h) For the purposes of this section, the following terms have the
following meanings:
(1) "State of emergency" means a natural or manmade disaster or
emergency resulting from an earthquake, flood, fire, riot, or storm
for which a state of emergency has been declared by the President of
the United States or the Governor of California.
(2) "Local emergency" means a natural or manmade disaster or
emergency resulting from an earthquake, flood, fire, riot, or storm
for which a local emergency has been declared by the executive
officer or governing body of any city or county in California.
(3) "Consumer food item" means any article that is used or
intended for use for food, drink, confection, or condiment by a
person or animal.
(4) "Repair or reconstruction services" means services performed
by any person who is required to be licensed under the Contractors'
State License Law (Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code), for repairs to
residential or commercial property of any type that is damaged as a
result of a disaster.
(5) "Emergency supplies" includes, but is not limited to, water,
flashlights, radios, batteries, candles, blankets, soaps, diapers,
temporary shelters, tape, toiletries, plywood, nails, and hammers.
(6) "Medical supplies" includes, but is not limited to,
prescription and nonprescription medications, bandages, gauze,
isopropyl alcohol, and antibacterial products.
(7) "Building materials" means lumber, construction tools,
windows, and anything else used in the building or rebuilding of
property.
(8) "Gasoline" means any fuel used to power any motor vehicle or
power tool.
(9) "Transportation, freight, and storage services" means any
service that is performed by any company that contracts to move,
store, or transport personal or business property or rents equipment
for those purposes.
(10) "Housing" means any rental housing leased on a month-to-month
term.
(11) "Goods" has the same meaning as defined in subdivision (c) of
Section 1689.5 of the Civil Code.
(i) Nothing in this section shall preempt any local ordinance
prohibiting the same or similar conduct or imposing a more severe
penalty for the same conduct prohibited by this section.
(j) A business offering an item for sale at a reduced price
immediately prior to the proclamation of the emergency may use the
price at which it usually sells the item to calculate the price
pursuant to subdivision (b) or (c).
396.5. It shall be unlawful for any retail food store or wholesale
food concern, as defined in Section 3(k) of the federal Food Stamp
Act of 1977 (Public Law 95-113) (7 U.S.C. Sec. 2012(k)), or any
person, to sell, furnish or give away any goods or services, other
than those items authorized by the Food Stamp Act of 1964, as amended
(Public Law 88-525) (Chapter 51 (commencing with Section 2011) of
Title 7 of the United States Code), in exchange for food stamps
issued pursuant to Chapter 10 (commencing with Section 18900), Part
6, Division 9 of the Welfare and Institutions Code.
Any violator of this section is guilty of a misdemeanor and shall
be punished by a fine of not more than five thousand dollars ($5,000)
or by imprisonment in the county jail not exceeding 90 days, or by
both that fine and imprisonment.
397. Every person who sells or furnishes, or causes to be sold or
furnished, intoxicating liquors to any habitual or common drunkard,
or to any person who has been adjudged legally incompetent or insane
by any court of this State and has not been restored to legal
capacity, knowing such person to have been so adjudged, is guilty of
a misdemeanor.
398. (a) Whenever a person owning or having custody or control of
an animal, knows, or has reason to know, that the animal bit another
person, he or she shall, as soon as is practicable, but no later than
48 hours thereafter, provide the other person with his or her name,
address, telephone number, and the name and license tag number of the
animal who bit the other person. If the person with custody or
control of the animal at the time the bite occurs is a minor, he or
she shall instead provide identification or contact information of an
adult owner or responsible party. If the animal is required by law
to be vaccinated against rabies, the person owning or having custody
or control of the animal shall, within 48 hours of the bite, provide
the other person with information regarding the status of the animal'
s vaccinations. Violation of this section is an infraction punishable
by a fine of not more than one hundred dollars ($100).
(b) For purposes of this section, it is necessary for the skin of
the person be broken or punctured by the animal for the contact to be
classified as a bite.
399. (a) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers it to
go at large, or keeps it without ordinary care, and the animal,
while so at large, or while not kept with ordinary care, kills any
human being who has taken all the precautions that the circumstances
permitted, or which a reasonable person would ordinarily take in the
same situation, is guilty of a felony.
(b) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers it to
go at large, or keeps it without ordinary care, and the animal,
while so at large, or while not kept with ordinary care, causes
serious bodily injury to any human being who has taken all the
precautions that the circumstances permitted, or which a reasonable
person would ordinarily take in the same situation, is guilty of a
misdemeanor or a felony.
399.5. (a) Any person owning or having custody or control of a dog
trained to fight, attack, or kill is guilty of a felony or a
misdemeanor, punishable by imprisonment in the state prison for two,
three, or four years, or in a county jail not to exceed one year, or
by a fine not exceeding ten thousand dollars ($10,000), or by both
the fine and imprisonment, if, as a result of that person's failure
to exercise ordinary care, the dog bites a human being, on two
separate occasions or on one occasion causing substantial physical
injury. No person shall be criminally liable under this section,
however, unless he or she knew or reasonably should have known of the
vicious or dangerous nature of the dog, or if the victim failed to
take all the precautions that a reasonable person would ordinarily
take in the same situation.
(b) Following the conviction of an individual for a violation of
this section, the court shall hold a hearing to determine whether
conditions of the treatment or confinement of the dog or other
circumstances existing at the time of the bite or bites have changed
so as to remove the danger to other persons presented by the animal.
The court, after hearing, may make any order it deems appropriate to
prevent the recurrence of such an incident, including, but not
limited to, the removal of the animal from the area or its
destruction if necessary.
(c) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (a) based on a bite or bites inflicted
upon a trespasser, upon a person who has provoked the dog or
contributed to his or her own injuries, or by a dog used in military
or police work if the bite or bites occurred while the dog was
actually performing in that capacity. As used in this subdivision,
"provocation" includes, but is not limited to, situations where a dog
held on a leash by its owner or custodian reacts in a protective
manner to a person or persons who approach the owner or custodian in
a threatening manner.
(d) Nothing in this section shall be construed to affect the
liability of the owner of a dog under Section 399 or any other
provision of law.
(e) This section shall not apply to a veterinarian or an on-duty
animal control officer while in the performance of his or her duties,
or to a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, if he or she is assigned to a
canine unit.
401. Every person who deliberately aids, or advises, or encourages
another to commit suicide, is guilty of a felony.
402. (a) Every person who goes to the scene of an emergency, or
stops at the scene of an emergency, for the purpose of viewing the
scene or the activities of police officers, firefighters, emergency
medical, or other emergency personnel, or military personnel coping
with the emergency in the course of their duties during the time it
is necessary for emergency vehicles or those personnel to be at the
scene of the emergency or to be moving to or from the scene of the
emergency for the purpose of protecting lives or property, unless it
is part of the duties of that person's employment to view that scene
or activities, and thereby impedes police officers, firefighters,
emergency medical, or other emergency personnel or military
personnel, in the performance of their duties in coping with the
emergency, is guilty of a misdemeanor.
(b) Every person who knowingly resists or interferes with the
lawful efforts of a lifeguard in the discharge or attempted discharge
of an official duty in an emergency situation, when the person knows
or reasonably should know that the lifeguard is engaged in the
performance of his or her official duty, is guilty of a misdemeanor.
(c) For the purposes of this section, an emergency includes a
condition or situation involving injury to persons, damage to
property, or peril to the safety of persons or property, which
results from a fire, an explosion, an airplane crash, flooding,
windstorm damage, a railroad accident, a traffic accident, a power
plant accident, a toxic chemical or biological spill, or any other
natural or human-caused event.
402a. Every person who adulterates candy by using in its
manufacture terra alba or other deleterious substances, or who sells
or keeps for sale any candy or candies adulterated with terra alba,
or any other deleterious substance, knowing the same to be
adulterated, is guilty of a misdemeanor.
402b. Any person who discards or abandons or leaves in any place
accessible to children any refrigerator, icebox, deep-freeze locker,
clothes dryer, washing machine, or other appliance, having a capacity
of one and one-half cubic feet or more, which is no longer in use,
and which has not had the door removed or the hinges and such portion
of the latch mechanism removed to prevent latching or locking of the
door, is guilty of a misdemeanor. Any owner, lessee, or manager who
knowingly permits such a refrigerator, icebox, deep-freeze locker,
clothes dryer, washing machine, or other appliance to remain on
premises under his control without having the door removed or the
hinges and such portion of the latch mechanism removed to prevent
latching or locking of the door, is guilty of a misdemeanor. Guilt
of a violation of this section shall not, in itself, render one
guilty of manslaughter, battery or other crime against a person who
may suffer death or injury from entrapment in such a refrigerator,
icebox, deep-freeze locker, clothes dryer, washing machine, or other
appliance.
The provisions of this section shall not apply to any vendor or
seller of refrigerators, iceboxes, deep-freeze lockers, clothes
dryers, washing machines, or other appliances, who keeps or stores
them for sale purposes, if the vendor or seller takes reasonable
precautions to effectively secure the door of any such refrigerator,
icebox, deep-freeze locker, clothes dryer, washing machine, or other
appliance so as to prevent entrance by children small enough to fit
therein.
402c. On and after January 1, 1970, any person who sells a new
refrigerator, icebox, or deep-freeze locker not equipped with an
integral lock in this state, having a capacity of two cubic feet or
more, which cannot be opened from the inside by the exertion of 15
pounds of force against the latch edge of the closed door is guilty
of a misdemeanor.
[/align]
Of crimes against the public peace
[align=left]
403. Every person who, without authority of law, willfully disturbs
or breaks up any assembly or meeting that is not unlawful in its
character, other than an assembly or meeting referred to in Section
302 of the Penal Code or Section 18340 of the Elections Code, is
guilty of a misdemeanor.
404. (a) Any use of force or violence, disturbing the public peace,
or any threat to use force or violence, if accompanied by immediate
power of execution, by two or more persons acting together, and
without authority of law, is a riot.
(b) As used in this section, disturbing the public peace may occur
in any place of confinement. Place of confinement means any state
prison, county jail, industrial farm, or road camp, or any city jail,
industrial farm, or road camp, or any juvenile hall, juvenile camp,
juvenile ranch, or juvenile forestry camp.
404.6. (a) Every person who with the intent to cause a riot does an
act or engages in conduct that urges a riot, or urges others to
commit acts of force or violence, or the burning or destroying of
property, and at a time and place and under circumstances that
produce a clear and present and immediate danger of acts of force or
violence or the burning or destroying of property, is guilty of
incitement to riot.
(b) Incitement to riot is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(c) Every person who incites any riot in the state prison or a
county jail that results in serious bodily injury, shall be punished
by either imprisonment in a county jail for not more than one year,
or imprisonment in the state prison.
(d) The existence of any fact that would bring a person under
subdivision (c) shall be alleged in the complaint, information, or
indictment and either admitted by the defendant in open court, or
found to be true by the jury trying the issue of guilt, by the court
where guilt is established by a plea of guilty or nolo contendere, or
by trial by the court sitting without a jury.
405. Every person who participates in any riot is punishable by a
fine not exceeding one thousand dollars, or by imprisonment in a
county jail not exceeding one year, or by both such fine and
imprisonment.
405a. The taking by means of a riot of any person from the lawful
custody of any peace officer is a lynching.
405b. Every person who participates in any lynching is punishable
by imprisonment in the state prison for two, three or four years.
406. Whenever two or more persons, assembled and acting together,
make any attempt or advance toward the commission of an act which
would be a riot if actually committed, such assembly is a rout.
407. Whenever two or more persons assemble together to do an
unlawful act, or do a lawful act in a violent, boisterous, or
tumultuous manner, such assembly is an unlawful assembly.
408. Every person who participates in any rout or unlawful assembly
is guilty of a misdemeanor.
409. Every person remaining present at the place of any riot, rout,
or unlawful assembly, after the same has been lawfully warned to
disperse, except public officers and persons assisting them in
attempting to disperse the same, is guilty of a misdemeanor.
409.3. Whenever law enforcement officers and emergency medical
technicians are at the scene of an accident, management of the scene
of the accident shall be vested in the appropriate law enforcement
agency, whose representative shall consult with representatives of
other response agencies at the scene to ensure that all appropriate
resources are properly utilized. However, authority for patient care
management at the scene of an accident shall be determined in
accordance with Section 1798.6 of the Health and Safety Code.
For purposes of this section, "management of the scene of an
accident" means the coordination of operations which occur at the
location of an accident.
409.5. (a) Whenever a menace to the public health or safety is
created by a calamity including a flood, storm, fire, earthquake,
explosion, accident, or other disaster, officers of the Department of
the California Highway Patrol, police departments, marshal's office
or sheriff's office, any officer or employee of the Department of
Forestry and Fire Protection designated a peace officer by
subdivision (g) of Section 830.2, any officer or employee of the
Department of Parks and Recreation designated a peace officer by
subdivision (f) of Section 830.2, any officer or employee of the
Department of Fish and Game designated a peace officer under
subdivision (e) of Section 830.2, and any publicly employed full-time
lifeguard or publicly employed full-time marine safety officer while
acting in a supervisory position in the performance of his or her
official duties, may close the area where the menace exists for the
duration thereof by means of ropes, markers, or guards to any and all
persons not authorized by the lifeguard or officer to enter or
remain within the enclosed area. If the calamity creates an
immediate menace to the public health, the local health officer may
close the area where the menace exists pursuant to the conditions set
forth in this section.
(b) Officers of the Department of the California Highway Patrol,
police departments, marshal's office or sheriff's office, officers of
the Department of Fish and Game designated as peace officers by
subdivision (e) of Section 830.2, or officers of the Department of
Forestry and Fire Protection designated as peace officers by
subdivision (g) of Section 830.2 may close the immediate area
surrounding any emergency field command post or any other command
post activated for the purpose of abating any calamity enumerated in
this section or any riot or other civil disturbance to any and all
unauthorized persons pursuant to the conditions set forth in this
section whether or not the field command post or other command post
is located near to the actual calamity or riot or other civil
disturbance.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within the area after receiving notice to evacuate or leave
shall be guilty of a misdemeanor.
(d) Nothing in this section shall prevent a duly authorized
representative of any news service, newspaper, or radio or television
station or network from entering the areas closed pursuant to this
section.
409.6. (a) Whenever a menace to the public health or safety is
created by an avalanche, officers of the Department of the California
Highway Patrol, police departments, or sheriff's offices, any
officer or employee of the Department of Forestry and Fire Protection
designated a peace officer by subdivision (g) of Section 830.2, and
any officer or employee of the Department of Parks and Recreation
designated a peace officer by subdivision (f) of Section 830.2, may
close the area where the menace exists for the duration thereof by
means of ropes, markers, or guards to any and all persons not
authorized by that officer to enter or remain within the closed area.
If an avalanche creates an immediate menace to the public health,
the local health officer may close the area where the menace exists
pursuant to the conditions which are set forth above in this section.
(b) Officers of the Department of the California Highway Patrol,
police departments, or sheriff's offices, or officers of the
Department of Forestry and Fire Protection designated as peace
officers by subdivision (g) of Section 830.2, may close the immediate
area surrounding any emergency field command post or any other
command post activated for the purpose of abating hazardous
conditions created by an avalanche to any and all unauthorized
persons pursuant to the conditions which are set forth in this
section whether or not that field command post or other command post
is located near the avalanche.
(c) Any unauthorized person who willfully and knowingly enters an
area closed pursuant to subdivision (a) or (b) and who willfully
remains within that area, or any unauthorized person who willfully
remains within an area closed pursuant to subdivision (a) or (b),
after receiving notice to evacuate or leave from a peace officer
named in subdivision (a) or (b), shall be guilty of a misdemeanor.
If necessary, a peace officer named in subdivision (a) or (b) may use
reasonable force to remove from the closed area any unauthorized
person who willfully remains within that area after receiving notice
to evacuate or leave.
(d) Nothing in this section shall prevent a duly authorized
representative of any news service, newspaper, or radio or television
station or network from entering the areas closed pursuant to this
section.
410. If a magistrate or officer, having notice of an unlawful or
riotous assembly, mentioned in this Chapter, neglects to proceed to
the place of assembly, or as near thereto as he can with safety, and
to exercise the authority with which he is invested for suppressing
the same and arresting the offenders, he is guilty of a misdemeanor.
412. Any person, who, within this state, engages in, or instigates,
aids, encourages, or does any act to further, a pugilistic contest,
or fight, or ring or prize fight, or sparring or boxing exhibition,
taking or to take place either within or without this state, between
two or more persons, with or without gloves, for any price, reward or
compensation, directly or indirectly, or who goes into training
preparatory to such pugilistic contest, or fight, or ring or prize
fight, or sparring or boxing exhibition, or acts as aider, abettor,
backer, umpire, referee, trainer, second, surgeon, or assistant, at
such pugilistic contest, or fight, or ring or prize fight, or
sparring or boxing exhibition, or who sends or publishes a challenge
or acceptance of a challenge, or who knowingly carries or delivers
such challenge or acceptance, or who gives or takes or receives any
tickets, tokens, prize, money, or thing of value, from any person or
persons, for the purpose of seeing or witnessing any such pugilistic
contest, or fight, or ring or prize fight, or sparring or boxing
exhibition, or who, being the owner, lessee, agent, or occupant of
any vessel, building, hotel, room, enclosure or ground, or any part
thereof, whether for gain, hire, reward or gratuitously or otherwise,
permits the same to be used or occupied for such a pugilistic
contest, or fight, or ring or prize fight, or sparring or boxing
exhibition, or who lays, makes, offers or accepts, a bet or bets, or
wager or wagers, upon the result or any feature of any pugilistic
contest, or fight, or ring or prize fight, or sparring or boxing
exhibition, or acts as stakeholder of any such bet or bets, or wager
or wagers, shall be guilty of a misdemeanor, and upon conviction
thereof, shall be fined not less than one hundred dollars nor more
than one thousand dollars and be imprisoned in the county jail not
less than thirty days nor exceeding one year; provided, however, that
amateur boxing exhibitions may be held within this state, of a
limited number of rounds, not exceeding four of the duration of three
minutes each; the interval between each round shall be one minute,
and the contestants weighing one hundred and forty-five pounds or
over shall wear gloves of not less than eight ounces each in weight,
and contestants weighing under one hundred and forty-five pounds may
wear gloves of not less than six ounces each in weight. All gloves
used by contestants in such amateur boxing exhibitions shall be so
constructed, as that the soft padding between the outside coverings
shall be evenly distributed over the back of said gloves and cover
the knuckles and back of the hands. And no bandages of any kind
shall be used on the hands or arms of the contestants. For the
purpose of this statute an amateur boxing exhibition shall be and is
hereby defined as one in which no contestant has received or shall
receive in any form, directly or indirectly, any money, prize, reward
or compensation either for the expenses of training for such contest
or for taking part therein, except as herein expressly provided.
Nor shall any person appear as contestant in such amateur exhibition
who prior thereto has received any compensation or reward in any form
for displaying, exercising or giving any example of his skill in or
knowledge of athletic exercises, or for rendering services of any
kind to any athletic organization or to any person or persons as
trainer, coach, instructor or otherwise, or who shall have been
employed in any manner professionally by reason of his athletic skill
or knowledge; provided, however, that a medal or trophy may be
awarded to each contestant in such amateur boxing exhibitions, not to
exceed in value the sum of $35.00 each, which such medal or trophy
must have engraved thereon the name of the winner and the date of the
event; but no portion of any admission fee or fees charged or
received for any amateur boxing exhibition shall be paid or given to
any contestant in such amateur boxing exhibition, either directly or
indirectly, nor shall any gift be given to or received by such
contestants for participating in such boxing exhibition, except said
medal or trophy. At every amateur boxing exhibition held in this
state and permitted by this section of the Penal Code, any sheriff,
constable, marshal, policeman or other peace officer of the city,
county or other political subdivision, where such exhibition is being
held, shall have the right to, and it is hereby declared to be his
duty to stop such exhibition, whenever it shall appear to him that
the contestants are so unevenly matched or for any other reason, the
said contestants have been, or either of them, has been seriously
injured or there is danger that said contestants, or either of them,
will be seriously injured if such contest continues, and he may call
to his assistance in enforcing his order to stop said exhibition, as
many peace officers or male citizens of the state as may be necessary
for that purpose. Provided, further, that any contestant who shall
continue to participate in such exhibition after an order to stop
such exhibition shall have been given by such peace officer, or who
shall violate any of the regulations herein prescribed, for governing
amateur boxing exhibitions, shall be deemed guilty of violating this
section of the Penal Code and subject to the punishment herein
provided.
Nothing in this section contained shall be construed to prevent
any county, city and county, or incorporated city or town from
prohibiting, by ordinance, the holding or conducting of any boxing
exhibition, or any person from engaging in any such boxing exhibition
therein.
413. Every person wilfully present as spectator at any fight or
contention prohibited in the preceding section, is guilty of a
misdemeanor.
An information may be laid before any of the magistrates mentioned
in section eight hundred and eight of this code, that a person has
taken steps toward promoting or participating in a contemplated
pugilistic contest, or fight, or ring or prize fight, or sparring or
boxing exhibition, prohibited under the provision of section four
hundred and twelve of this code, or is about to commit an offense
under said section four hundred and twelve. When said information is
laid before said magistrate, he must examine, on oath, the informer,
and any witness or witnesses he may produce, and must take their
depositions in writing and cause them to be subscribed by the parties
making them. If it appears from the deposition that there is just
reason to fear the commission of the offense contemplated by the
person so informed against, the magistrate must issue a warrant
directed generally to the sheriff of the county, or any constable,
marshal, or policeman in the state, reciting the substance of the
information and commanding the officer forthwith to arrest the person
informed against and bring him before the magistrate. When the
person informed against is brought before the magistrate, if the
charge be controverted, the magistrate must take testimony in
relation thereto. The evidence must be reduced to writing and
subscribed by the witnesses. If it appears there is no just reason
to fear the commission of the offense alleged to have been
contemplated, the person complained against must be discharged. If,
however, there is just reason to fear the commission of the offense,
the person complained of must be required to enter into an
undertaking in such sum, not less than three thousand dollars, as the
magistrate may direct, with one or more sufficient sureties,
conditioned that such person will not, for a period of one year
thereafter, commit any such contemplated offense.
414. Every person who leaves this state with intent to evade any of
the provisions of Section 412 or 413, and to commit any act out of
this state such as is prohibited by them, and who does any act which
would be punishable under these provisions if committed within this
state, is punishable in the same manner as he or she would have been
in case such act had been committed within this state.
414a. No person, otherwise competent as a witness, is disqualified
from testifying as such, concerning any offense under this act, on
the ground that such testimony may incriminate himself, but no
prosecution can afterwards be had against him for any offense
concerning which he testified. The provisions of section 1111 of the
Penal Code of this state are not applicable to any prosecutions
brought under the provisions of this act.
415. Any of the following persons shall be punished by imprisonment
in the county jail for a period of not more than 90 days, a fine of
not more than four hundred dollars ($400), or both such imprisonment
and fine:
(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.
415.5. (a) Any person who (1) unlawfully fights within any building
or upon the grounds of any school, community college, university, or
state university or challenges another person within any building
or upon the grounds to fight, or (2) maliciously and willfully
disturbs another person within any of these buildings or upon the
grounds by loud and unreasonable noise, or (3) uses offensive words
within any of these buildings or upon the grounds which are
inherently likely to provoke an immediate violent reaction is guilty
of a misdemeanor punishable by a fine not exceeding four hundred
dollars ($400) or by imprisonment in the county jail for a period of
not more than 90 days, or both.
(b) If the defendant has been previously convicted once of a
violation of this section or of any offense defined in Chapter 1
(commencing with Section 626) of Title 15 of Part 1, the defendant
shall be sentenced to imprisonment in the county jail for a period of
not less than 10 days or more than six months, or by both that
imprisonment and a fine of not exceeding one thousand dollars
($1,000), and shall not be released on probation, parole, or any
other basis until not less than 10 days of imprisonment has been
served.
(c) If the defendant has been previously convicted two or more
times of a violation of this section or of any offense defined in
Chapter 1 (commencing with Section 626) of Title 15 of Part 1, the
defendant shall be sentenced to imprisonment in the county jail for a
period of not less than 90 days or more than six months, or by both
that imprisonment and a fine of not exceeding one thousand dollars
($1,000), and shall not be released on probation, parole, or any
other basis until not less than 90 days of imprisonment has been
served.
(d) For the purpose of determining the penalty to be imposed
pursuant to this section, the court may consider a written report
from the Department of Justice containing information from its
records showing prior convictions; and the communication is prima
facie evidence of such convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
(e) As used in this section "state university," "university,"
"community college," and "school" have the same meaning as these
terms are given in Section 626.
(f) This section shall not apply to any person who is a registered
student of the school, or to any person who is engaged in any
otherwise lawful employee concerted activity.
416. (a) If two or more persons assemble for the purpose of
disturbing the public peace, or committing any unlawful act, and do
not disperse on being desired or commanded so to do by a public
officer, the persons so offending are severally guilty of a
misdemeanor.
(b) Any person who, as a result of violating subdivision (a),
personally causes damage to real or personal property, which is
either publicly or privately owned, shall make restitution for the
damage he or she caused, including, but not limited to, the costs of
cleaning up, repairing, replacing, or restoring the property. Any
restitution required to be paid pursuant to this subdivision shall be
paid directly to the victim. If the court determines that the
defendant is unable to pay restitution, the court shall order the
defendant to perform community service, as the court deems
appropriate, in lieu of the direct restitution payment.
(c) This section shall not preclude the court from imposing
restitution in the form of a penalty assessment pursuant to Section
1464 if the court, in its discretion, deems that additional
restitution appropriate.
(d) The burden of proof on the issue of whether any defendant or
defendants personally caused any property damage shall rest with the
prosecuting agency or claimant. In no event shall the burden of
proof on this issue shift to the defendant or any of several
defendants to prove that he or she was not responsible for the
property damage.
417. (a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly weapon
whatsoever, other than a firearm, in a rude, angry, or threatening
manner, or who in any manner, unlawfully uses a deadly weapon other
than a firearm in any fight or quarrel is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than 30
days.
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:
(A) If the violation occurs in a public place and the firearm is a
pistol, revolver, or other firearm capable of being concealed upon
the person, by imprisonment in a county jail for not less than three
months and not more than one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.
(B) In all cases other than that set forth in subparagraph (A), a
misdemeanor, punishable by imprisonment in a county jail for not less
than three months.
(b) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any loaded firearm in a rude,
angry, or threatening manner, or who, in any manner, unlawfully uses
any loaded firearm in any fight or quarrel upon the grounds of any
day care center, as defined in Section 1596.76 of the Health and
Safety Code, or any facility where programs, including day care
programs or recreational programs, are being conducted for persons
under 18 years of age, including programs conducted by a nonprofit
organization, during the hours in which the center or facility is
open for use, shall be punished by imprisonment in the state prison
for 16 months, or two or three years, or by imprisonment in a county
jail for not less than three months, nor more than one year.
(c) Every person who, in the immediate presence of a peace
officer, draws or exhibits any firearm, whether loaded or unloaded,
in a rude, angry, or threatening manner, and who knows, or reasonably
should know, by the officer's uniformed appearance or other action
of identification by the officer, that he or she is a peace officer
engaged in the performance of his or her duties, and that peace
officer is engaged in the performance of his or her duties, shall be
punished by imprisonment in a county jail for not less than nine
months and not to exceed one year, or in the state prison.
(d) Except where a different penalty applies, every person who
violates this section when the other person is in the process of
cleaning up graffiti or vandalism is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than three
months nor more than one year.
(e) As used in this section, "peace officer" means any person
designated as a peace officer pursuant to Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2.
(f) As used in this section, "public place" means any of the
following:
(1) A public place in an incorporated city.
(2) A public street in an incorporated city.
(3) A public street in an unincorporated area.
417.25. (a) Every person who, except in self-defense, aims or
points a laser scope, as defined in subdivision (b), or a laser
pointer, as defined in subdivision (c), at another person in a
threatening manner with the specific intent to cause a reasonable
person fear of bodily harm is guilty of a misdemeanor, punishable by
imprisonment in a county jail for up to 30 days. For purposes of
this section, the laser scope need not be attached to a firearm.
(b) As used in this section, "laser scope" means a portable
battery-powered device capable of being attached to a firearm and
capable of projecting a laser light on objects at a distance.
(c) As used in this section, "laser pointer" means any hand held
laser beam device or demonstration laser product that emits a single
point of light amplified by the stimulated emission of radiation that
is visible to the human eye.
417.26. (a) Any person who aims or points a laser scope as defined
in subdivision (b) of Section 417.25, or a laser pointer, as defined
in subdivision (c) of that section, at a peace officer with the
specific intent to cause the officer apprehension or fear of bodily
harm and who knows or reasonably should know that the person at whom
he or she is aiming or pointing is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail for a term
not exceeding six months.
(b) Any person who commits a second or subsequent violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year.
417.27. (a) No person, corporation, firm, or business entity of any
kind shall knowingly sell a laser pointer to a person 17 years of
age or younger, unless he or she is accompanied and supervised by a
parent, legal guardian, or any other adult 18 years of age or older.
(b) No student shall possess a laser pointer on any elementary or
secondary school premises unless possession of a laser pointer on the
elementary or secondary school premises is for a valid instructional
or other school-related purpose, including employment.
(c) No person shall direct the beam from a laser pointer directly
or indirectly into the eye or eyes of another person or into a moving
vehicle with the intent to harass or annoy the other person or the
occupants of the moving vehicle.
(d) No person shall direct the beam from a laser pointer directly
or indirectly into the eye or eyes of a guide dog, signal dog,
service dog, or dog being used by a peace officer with the intent to
harass or annoy the animal.
(e) A violation of subdivision (a), (b), (c), or (d) shall be an
infraction that is punished by either a fine of fifty dollars ($50)
or four hours of community service, and a second or subsequent
violation of any of these subdivisions shall be an infraction that is
punished by either a fine of one hundred dollars ($100) or eight
hours of community service.
(f) As used in this section, "laser pointer" has the same meaning
as set forth in subdivision (c) of Section 417.25.
(g) As used in this section, "guide dog," "signal dog," and
"service dog," respectively, have the same meaning as set forth in
subdivisions (d), (e), and (f) of Section 365.5.
417.3. Every person who, except in self-defense, in the presence of
any other person who is an occupant of a motor vehicle proceeding on
a public street or highway, draws or exhibits any firearm, whether
loaded or unloaded, in a threatening manner against another person in
such a way as to cause a reasonable person apprehension or fear of
bodily harm is guilty of a felony punishable by imprisonment in the
state prison for 16 months or two or three years or by imprisonment
for 16 months or two or three years and a three thousand dollar
($3,000) fine.
Nothing in this section shall preclude or prohibit prosecution
under any other statute.
417.4. Every person who, except in self-defense, draws or exhibits
an imitation firearm, as defined in Section 12550, in a threatening
manner against another in such a way as to cause a reasonable person
apprehension or fear of bodily harm is guilty of a misdemeanor
punishable by imprisonment in a county jail for a term of not less
than 30 days.
417.6. (a) If, in the commission of a violation of Section 417 or
417.8, serious bodily injury is intentionally inflicted by the person
drawing or exhibiting the firearm or deadly weapon, the offense
shall be punished by imprisonment in the county jail not exceeding
one year or by imprisonment in the state prison.
(b) As used in this section, "serious bodily injury" means a
serious impairment of physical condition, including, but not limited
to, the following: loss of consciousness; concussion; bone fracture;
protracted loss or impairment of function of any bodily member or
organ; a wound requiring extensive suturing; and serious
disfigurement.
(c) When a person is convicted of a violation of Section 417 or
417.8 and the deadly weapon or firearm used by the person is owned by
that person, the court shall order that the weapon or firearm be
deemed a nuisance and disposed of in the manner provided by Section
12028.
417.8. Every person who draws or exhibits any firearm, whether
loaded or unloaded, or other deadly weapon, with the intent to resist
or prevent the arrest or detention of himself or another by a peace
officer shall be imprisoned in the state prison for two, three, or
four years.
418. Every person using or procuring, encouraging or assisting
another to use, any force or violence in entering upon or detaining
any lands or other possessions of another, except in the cases and in
the manner allowed by law, is guilty of a misdemeanor.
419. Every person who has been removed from any lands by process of
law, or who has removed from any lands pursuant to the lawful
adjudication or direction of any Court, tribunal, or officer, and who
afterwards unlawfully returns to settle, reside upon, or take
possession of such lands, is guilty of a misdemeanor.
420. Every person who unlawfully prevents, hinders, or obstructs
any person from peaceably entering upon or establishing a settlement
or residence on any tract of public land of the United States within
the State of California, subject to settlement or entry under any of
the public land laws of the United States; or who unlawfully hinders,
prevents, or obstructs free passage over or through the public lands
of the United States within the State of California, for the purpose
of entry, settlement, or residence, as aforesaid, is guilty of a
misdemeanor.
420.1. Anyone who willfully and knowingly prevents, hinders, or
obstructs any person from entering, passing over, or leaving land in
which that person enjoys, either personally or as an agent, guest,
licensee, successor-in-interest, or contractor, a right to enter,
use, cross, or inspect the property pursuant to an easement,
covenant, license, profit, or other interest in the land, is guilty
of an infraction punishable by a fine not to exceed five hundred
dollars ($500), provided that the interest to be exercised has been
duly recorded with the county recorder's office. This section shall
not apply to the following persons: (1) any person engaged in lawful
labor union activities that are permitted to be carried out by state
or federal law; or (2) any person who is engaging in activities
protected by the California Constitution or the United States
Constitution.[/align]
California freedom of access to clinic and church
[align=left]
ENTRANCES ACT
423. This title shall be known and may be cited as the California
Freedom of Access to Clinic and Church Entrances Act, or the
California FACE Act.
423.1. The following definitions apply for the purposes of this
title:
(a) "Crime of violence" means an offense that has as an element
the use, attempted use, or threatened use of physical force against
the person or property of another.
(b) "Interfere with" means to restrict a person's freedom of
movement.
(c) "Intimidate" means to place a person in reasonable
apprehension of bodily harm to herself or himself or to another.
(d) "Nonviolent" means conduct that would not constitute a crime
of violence.
(e) "Physical obstruction" means rendering ingress to or egress
from a reproductive health services facility or to or from a place of
religious worship impassable to another person, or rendering passage
to or from a reproductive health services facility or a place of
religious worship unreasonably difficult or hazardous to another
person.
(f) "Reproductive health services" means reproductive health
services provided in a hospital, clinic, physician's office, or other
facility and includes medical, surgical, counseling, or referral
services relating to the human reproductive system, including
services relating to pregnancy or the termination of a pregnancy.
(g) "Reproductive health services client, provider, or assistant"
means a person or entity that is or was involved in obtaining,
seeking to obtain, providing, seeking to provide, or assisting or
seeking to assist another person, at that other person's request, to
obtain or provide any services in a reproductive health services
facility, or a person or entity that is or was involved in owning or
operating or seeking to own or operate, a reproductive health
services facility.
(h) "Reproductive health services facility" includes a hospital,
clinic, physician's office, or other facility that provides or seeks
to provide reproductive health services and includes the building or
structure in which the facility is located.
423.2. Every person who, except a parent or guardian acting towards
his or her minor child or ward, commits any of the following acts
shall be subject to the punishment specified in Section 423.3.
(a) By force, threat of force, or physical obstruction that is a
crime of violence, intentionally injures, intimidates, interferes
with, or attempts to injure, intimidate, or interfere with, any
person or entity because that person or entity is a reproductive
health services client, provider, or assistant, or in order to
intimidate any person or entity, or any class of persons or entities,
from becoming or remaining a reproductive health services client,
provider, or assistant.
(b) By force, threat of force, or physical obstruction that is a
crime of violence, intentionally injures, intimidates, interferes
with, or attempts to injure, intimidate, or interfere with any person
lawfully exercising or seeking to exercise the First Amendment right
of religious freedom at a place of religious worship.
(c) By nonviolent physical obstruction, intentionally injures,
intimidates, or interferes with, or attempts to injure, intimidate,
or interfere with, any person or entity because that person or entity
is a reproductive health services client, provider, or assistant, or
in order to intimidate any person or entity, or any class of persons
or entities, from becoming or remaining a reproductive health
services client, provider, or assistant.
(d) By nonviolent physical obstruction, intentionally injures,
intimidates, or interferes with, or attempts to injure, intimidate,
or interfere with, any person lawfully exercising or seeking to
exercise the First Amendment right of religious freedom at a place of
religious worship.
(e) Intentionally damages or destroys the property of a person,
entity, or facility, or attempts to do so, because the person,
entity, or facility is a reproductive health services client,
provider, assistant, or facility.
(f) Intentionally damages or destroys the property of a place of
religious worship.
423.3. (a) A first violation of subdivision (c) or (d) of Section
423.2 is a misdemeanor, punishable by imprisonment in a county jail
for a period of not more than six months and a fine not to exceed two
thousand dollars ($2,000).
(b) A second or subsequent violation of subdivision (c) or (d) of
Section 423.2 is a misdemeanor, punishable by imprisonment in a
county jail for a period of not more than six months and a fine not
to exceed five thousand dollars ($5,000).
(c) A first violation of subdivision (a), (b), (e), or (f) of
Section 423.2 is a misdemeanor, punishable by imprisonment in a
county jail for a period of not more than one year and a fine not to
exceed twenty-five thousand dollars ($25,000).
(d) A second or subsequent violation of subdivision (a), (b), (e),
or (f) of Section 423.2 is a misdemeanor, punishable by imprisonment
in a county jail for a period of not more than one year and a fine
not to exceed fifty thousand dollars ($50,000).
(e) In imposing fines pursuant to this section, the court shall
consider applicable factors in aggravation and mitigation set out in
Rules 4.421 and 4.423 of the California Rules of Court, and shall
consider a prior violation of the federal Freedom of Access to Clinic
Entrances Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of
a statute of another jurisdiction that would constitute a violation
of Section 423.2 or of the federal Freedom of Access to Clinic
Entrances Act of 1994, to be a prior violation of Section 423.2.
(f) This title establishes concurrent state jurisdiction over
conduct that is also prohibited by the federal Freedom of Access to
Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), which provides for
more severe misdemeanor penalties for first violations and
felony-misdemeanor penalties for second and subsequent violations.
State law enforcement agencies and prosecutors shall cooperate with
federal authorities in the prevention, apprehension, and prosecution
of these crimes, and shall seek federal prosecutions when
appropriate.
(g) No person shall be convicted under this article for conduct in
violation of Section 423.2 that was done on a particular occasion
where the identical conduct on that occasion was the basis for a
conviction of that person under the federal Freedom of Access to
Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248).
423.4. (a) A person aggrieved by a violation of Section 423.2 may
bring a civil action to enjoin the violation, for compensatory and
punitive damages, and for the costs of suit and reasonable fees for
attorneys and expert witnesses, except that only a reproductive
health services client, provider, or assistant may bring an action
under subdivision (a), (c), or (e) of Section 423.2, and only a
person lawfully exercising or seeking to exercise the First Amendment
right of religious freedom in a place of religious worship, or the
entity that owns or operates a place of religious worship, may bring
an action under subdivision (b), (d), or (f) of Section 423.2. With
respect to compensatory damages, the plaintiff may elect, at any time
prior to the rendering of a final judgment, to recover, in lieu of
actual damages, an award of statutory damages in the amount of one
thousand dollars ($1,000) per exclusively nonviolent violation, and
five thousand dollars ($5,000) per any other violation, for each
violation committed.
(b) The Attorney General, a district attorney, or a city attorney
may bring a civil action to enjoin a violation of Section 423.2, for
compensatory damages to persons aggrieved as described in subdivision
(a) and for the assessment of a civil penalty against each
respondent. The civil penalty shall not exceed two thousand dollars
($2,000) for an exclusively nonviolent first violation, and fifteen
thousand dollars ($15,000) for any other first violation, and shall
not exceed five thousand dollars ($5,000) for an exclusively
nonviolent subsequent violation, and twenty-five thousand dollars
($25,000) for any other subsequent violation. In imposing civil
penalties pursuant to this subdivision, the court shall consider a
prior violation of the federal Freedom of Access to Clinic Entrances
Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of a statute
of another jurisdiction that would constitute a violation of Section
423.2 or the federal Freedom of Access to Clinic Entrances Act of
1994, to be a prior violation of Section 423.2.
(c) No person shall be found liable under this section for conduct
in violation of Section 423.2 done on a particular occasion where
the identical conduct on that occasion was the basis for a finding of
liability by that person under the federal Freedom of Access to
Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248).
423.5. (a) (1) The court in which a criminal or civil proceeding is
filed for a violation of subdivision (a), (c), or (e) of Section
423.2 shall take all action reasonably required, including granting
restraining orders, to safeguard the health, safety, or privacy of
either of the following:
(A) A reproductive health services client, provider, or assistant
who is a party or witness in the proceeding.
(B) A person who is a victim of, or at risk of becoming a victim
of, conduct prohibited by subdivision (a), (c), or (e) of Section
423.2.
(2) The court in which a criminal or civil proceeding is filed for
a violation of subdivision (b), (d), or (f) of Section 423.2 shall
take all action reasonably required, including granting restraining
orders, to safeguard the health, safety, or privacy of either of the
following:
(A) A person lawfully exercising or seeking to exercise the First
Amendment right of religious freedom at a place of religious worship.
(B) An entity that owns or operates a place of religious worship.
(b) Restraining orders issued pursuant to paragraph (1) of
subdivision (a) may include provisions prohibiting or restricting the
photographing of persons described in subparagraphs (A) and (B) of
paragraph (1) of subdivision (a) when reasonably required to
safeguard the health, safety, or privacy of those persons.
Restraining orders issued pursuant to paragraph (2) of subdivision
(a) may include provisions prohibiting or restricting the
photographing of persons described in subparagraphs (A) and (B) of
paragraph (2) of subdivision (a) when reasonably required to
safeguard the health, safety, or privacy of those persons.
(c) A court may, in its discretion, permit an individual described
in subparagraph (A) or (B) of paragraph (1) of subdivision (a) to
use a pseudonym in a civil proceeding described in paragraph (1) of
subdivision (a) when reasonably required to safeguard the health,
safety, or privacy of those persons. A court may, in its discretion,
permit an individual described in subparagraph (A) or (B) of
paragraph (2) of subdivision (a) to use a pseudonym in a civil
proceeding described in paragraph (2) of subdivision (a) when
reasonably required to safeguard the health, safety, or privacy of
those persons.
423.6. This title shall not be construed for any of the following
purposes:
(a) To impair any constitutionally protected activity, or any
activity protected by the laws of California or of the United States
of America.
(b) To provide exclusive civil or criminal remedies or to preempt
or to preclude any county, city, or city and county from passing any
law to provide a remedy for the commission of any of the acts
prohibited by this title or to make any of those acts a crime.
(c) To interfere with the enforcement of any federal, state, or
local laws regulating the performance of abortions or the provision
of other reproductive health services.
(d) To negate, supercede, or otherwise interfere with the
operation of any provision of Chapter 10 (commencing with Section
1138) of Part 3 of Division 2 of the Labor Code.
(e) To create additional civil or criminal remedies or to limit
any existing civil or criminal remedies to redress an activity that
interferes with the exercise of any other rights protected by the
First Amendment to the United States Constitution or of Article I of
the California Constitution.
(f) To preclude prosecution under both this title and any other
provision of law, except as provided in subdivision (g) of Section
423.3.
[/align]
Of crimes against the revenue and property of this state
[align=left]424. (a) Each officer of this state, or of any county, city, town,
or district of this state, and every other person charged with the
receipt, safekeeping, transfer, or disbursement of public moneys, who
either: 1. Without authority of law, appropriates the same, or
any portion thereof, to his or her own use, or to the use of another;
or, 2. Loans the same or any portion thereof; makes any profit out
of, or uses the same for any purpose not authorized by law; or, 3.
Knowingly keeps any false account, or makes any false entry or
erasure in any account of or relating to the same; or, 4.
Fraudulently alters, falsifies, conceals, destroys, or obliterates
any account; or, 5. Willfully refuses or omits to pay over, on
demand, any public moneys in his or her hands, upon the presentation
of a draft, order, or warrant drawn upon these moneys by competent
authority; or, 6. Willfully omits to transfer the same, when
transfer is required by law; or, 7. Willfully omits or refuses to
pay over to any officer or person authorized by law to receive the
same, any money received by him or her under any duty imposed by law
so to pay over the same;-- Is punishable by imprisonment in the state
prison for two, three, or four years, and is disqualified from
holding any office in this state.
(b) As used in this section, "public moneys" includes the proceeds
derived from the sale of bonds or other evidence or indebtedness
authorized by the legislative body of any city, county, district, or
public agency.
(c) This section does not apply to the incidental and minimal use
of public resources authorized by Section 8314 of the Government
Code.
425. Every officer charged with the receipt, safe keeping, or
disbursement of public moneys, who neglects or fails to keep and pay
over the same in the manner prescribed by law, is guilty of felony.
426. The phrase "public moneys," as used in Sections 424 and 425,
includes all bonds and evidence of indebtedness, and all moneys
belonging to the state, or any city, county, town, district, or
public agency therein, and all moneys, bonds, and evidences of
indebtedness received or held by state, county, district, city, town,
or public agency officers in their official capacity.
428. Every person who willfully obstructs or hinders any public
officer from collecting any revenue, taxes, or other sums of money in
which the people of this State are interested, and which such
officer is by law empowered to collect, is guilty of a misdemeanor.
429. Any provider of telecommunications services in this state that
intentionally fails to collect or remit, as may be required, the
annual fee imposed pursuant to Section 431 of the Public Utilities
Code, the universal telephone service surcharge imposed pursuant to
Section 879 or 879.5 of the Public Utilities Code, the fee for filing
an application for a certificate of public convenience and necessity
as provided in Section 1904 of the Public Utilities Code, or the
surcharge imposed pursuant to subdivision (d) of Section 2881 of the
Public Utilities Code, whether imposed on the provider or measured by
the provider's service charges, is guilty of a misdemeanor.
431. Every person who uses or gives any receipt, except that
prescribed by law, as evidence of the payment of any poll tax, road
tax, or license of any kind, or who receives payment of such tax or
license without delivering the receipt prescribed by law, or who
inserts the name of more than one person therein, is guilty of a
misdemeanor.
432. Every person who has in his possession, with intent to
circulate or sell, any blank licenses or poll tax receipts other than
those furnished by the Controller of State or County Auditor, is
guilty of felony.
436. Every person who acts as an auctioneer in violation of the
laws of this State relating to auctions and auctioneers, is guilty of
a misdemeanor.
439. Every person who in this State procures, or agrees to procure,
any insurance for a resident of this State, from any insurance
company not incorporated under the laws of this State, unless such
company or its agent has filed the bond required by the laws of this
State relating to insurance, is guilty of a misdemeanor.
440. Every officer charged with the collection, receipt, or
disbursement of any portion of the revenue of this State, who, upon
demand, fails or refuses to permit the Controller or Attorney General
to inspect his books, papers, receipts, and records pertaining to
his office, is guilty of a misdemeanor.[/align]
Of crimes against property
[align=left]
ARSON
450. In this chapter, the following terms have the following
meanings:
(a) "Structure" means any building, or commercial or public tent,
bridge, tunnel, or powerplant.
(b) "Forest land" means any brush covered land, cut-over land,
forest, grasslands, or woods.
(c) "Property" means real property or personal property, other
than a structure or forest land.
(d) "Inhabited" means currently being used for dwelling purposes
whether occupied or not. "Inhabited structure" and "inhabited
property" do not include the real property on which an inhabited
structure or an inhabited property is located.
(e) "Maliciously" imports a wish to vex, defraud, annoy, or injure
another person, or an intent to do a wrongful act, established
either by proof or presumption of law.
(f) "Recklessly" means a person is aware of and consciously
disregards a substantial and unjustifiable risk that his or her act
will set fire to, burn, or cause to burn a structure, forest land, or
property. The risk shall be of such nature and degree that
disregard thereof constitutes a gross deviation from the standard of
conduct that a reasonable person would observe in the situation. A
person who creates such a risk but is unaware thereof solely by
reason of voluntary intoxication also acts recklessly with respect
thereto.
451. A person is guilty of arson when he or she willfully and
maliciously sets fire to or burns or causes to be burned or who aids,
counsels, or procures the burning of, any structure, forest land, or
property.
(a) Arson that causes great bodily injury is a felony punishable
by imprisonment in the state prison for five, seven, or nine years.
(b) Arson that causes an inhabited structure or inhabited property
to burn is a felony punishable by imprisonment in the state prison
for three, five, or eight years.
(c) Arson of a structure or forest land is a felony punishable by
imprisonment in the state prison for two, four, or six years.
(d) Arson of property is a felony punishable by imprisonment in
the state prison for 16 months, two, or three years. For purposes of
this paragraph, arson of property does not include one burning or
causing to be burned his or her own personal property unless there is
an intent to defraud or there is injury to another person or another
person's structure, forest land, or property.
(e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.
451.1. (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 451 shall be punished by a
three-, four-, or five-year enhancement if one or more of the
following circumstances is found to be true:
(1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
(2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
(3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 451. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 451.
(4) The defendant proximately caused multiple structures to burn
in any single violation of Section 451.
(5) The defendant committed arson as described in subdivision (a),
(b), or (c) of Section 451 and the arson was caused by use of a
device designed to accelerate the fire or delay ignition.
(b) The additional term specified in subdivision (a) shall not be
imposed unless the existence of any fact required under this section
shall be alleged in the accusatory pleading and either admitted by
the defendant in open court or found to be true by the trier of fact.
451.5. (a) Any person who willfully, maliciously, deliberately,
with premeditation, and with intent to cause injury to one or more
persons or to cause damage to property under circumstances likely to
produce injury to one or more persons or to cause damage to one or
more structures or inhabited dwellings, sets fire to, burns, or
causes to be burned, or aids, counsels, or procures the burning of
any residence, structure, forest land, or property is guilty of
aggravated arson if one or more of the following aggravating factors
exists:
(1) The defendant has been previously convicted of arson on one or
more occasions within the past 10 years.
(2) (A) The fire caused property damage and other losses in excess
of five million six hundred fifty thousand dollars ($5,650,000).
(B) In calculating the total amount of property damage and other
losses under subparagraph (A), the court shall consider the cost of
fire suppression. It is the intent of the Legislature that this
paragraph be reviewed within five years to consider the effects of
inflation on the dollar amount stated herein. For that reason, this
paragraph shall remain in effect until January 1, 2010, and as of
that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2010, deletes or extends that date.
(3) The fire caused damage to, or the destruction of, five or more
inhabited structures.
(b) Any person who is convicted under subdivision (a) shall be
punished by imprisonment in the state prison for 10 years to life.
(c) Any person who is sentenced under subdivision (b) shall not be
eligible for release on parole until 10 calendar years have elapsed.
452. A person is guilty of unlawfully causing a fire when he
recklessly sets fire to or burns or causes to be burned, any
structure, forest land or property.
(a) Unlawfully causing a fire that causes great bodily injury is a
felony punishable by imprisonment in the state prison for two, four
or six years, or by imprisonment in the county jail for not more than
one year, or by a fine, or by both such imprisonment and fine.
(b) Unlawfully causing a fire that causes an inhabited structure
or inhabited property to burn is a felony punishable by imprisonment
in the state prison for two, three or four years, or by imprisonment
in the county jail for not more than one year, or by a fine, or by
both such imprisonment and fine.
(c) Unlawfully causing a fire of a structure or forest land is a
felony punishable by imprisonment in the state prison for 16 months,
two or three years, or by imprisonment in the county jail for not
more than six months, or by a fine, or by both such imprisonment and
fine.
(d) Unlawfully causing a fire of property is a misdemeanor. For
purposes of this paragraph, unlawfully causing a fire of property
does not include one burning or causing to be burned his own personal
property unless there is injury to another person or to another
person's structure, forest land or property.
(e) In the case of any person convicted of violating this section
while confined in a state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm, or while confined in a
county jail while serving a term of imprisonment for a felony or
misdemeanor conviction, any sentence imposed shall be consecutive to
the sentence for which the person was then confined.
452.1. (a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 452 shall be punished by a
one-, two-, or three-year enhancement for each of the following
circumstances that is found to be true:
(1) The defendant has been previously convicted of a felony
violation of Section 451 or 452.
(2) A firefighter, peace officer, or other emergency personnel
suffered great bodily injury as a result of the offense. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 452.
(3) The defendant proximately caused great bodily injury to more
than one victim in any single violation of Section 452. The
additional term provided by this subdivision shall be imposed
whenever applicable, including any instance in which there is a
violation of subdivision (a) of Section 452.
(4) The defendant proximately caused multiple structures to burn
in any single violation of Section 452.
(b) The additional term specified in subdivision (a) of Section
452.1 shall not be imposed unless the existence of any fact required
under this section shall be alleged in the accusatory pleading and
either admitted by the defendant in open court or found to be true by
the trier of fact.
453. (a) Every person who possesses, manufactures, or disposes of
any flammable, or combustible material or substance, or any
incendiary device in an arrangement or preparation, with intent to
willfully and maliciously use this material, substance, or device to
set fire to or burn any structure, forest land, or property, shall be
punished by imprisonment in the state prison, or in a county jail,
not exceeding one year.
(b) For the purposes of this section:
(1) "Disposes of" means to give, give away, loan, offer, offer for
sale, sell, or transfer.
(2) "Incendiary device" means a device that is constructed or
designed to start an incendiary fire by remote, delayed, or instant
means, but no device commercially manufactured primarily for the
purpose of illumination shall be deemed to be an incendiary device
for the purposes of this section.
(3) "Incendiary fire" means a fire that is deliberately ignited
under circumstances in which a person knows that the fire should not
be ignited.
(c) Subdivision (a) does not prohibit the authorized use or
possession of any material, substance or device described therein by
a member of the armed forces of the United States or by firemen,
police officers, peace officers, or law enforcement officers
authorized by the properly constituted authorities; nor does that
subdivision prohibit the use or possession of any material, substance
or device described therein when used solely for scientific research
or educational purposes, or for disposal of brush under permit as
provided for in Section 4494 of the Public Resources Code, or for any
other lawful burning. Subdivision (a) does not prohibit the
manufacture or disposal of an incendiary device for the parties or
purposes described in this subdivision.
454. (a) Every person who violates Section 451 or 452 during and
within an area of any of the following, when proclaimed by the
Governor, shall be punished by imprisonment in the state prison, as
specified in subdivision (b):
(1) A state of insurrection pursuant to Section 143 of the
Military and Veterans Code.
(2) A state of emergency pursuant to Section 8625 of the
Government Code.
(b) Any person who is described in subdivision (a) and who
violates subdivision (a), (b), or (c) of Section 451 shall be
punished by imprisonment in the state prison for five, seven, or nine
years. All other persons who are described in subdivision (a) shall
be punished by imprisonment in the state prison for three, five, or
seven years.
(c) Probation shall not be granted to any person who is convicted
of violating this section, except in unusual cases where the interest
of justice would best be served.
455. Any person who willfully and maliciously attempts to set fire
to or attempts to burn or to aid, counsel or procure the burning of
any structure, forest land or property, or who commits any act
preliminary thereto, or in furtherance thereof, is punishable by
imprisonment in the state prison for 16 months, two or three years.
The placing or distributing of any flammable, explosive or
combustible material or substance, or any device in or about any
structure, forest land or property in an arrangement or preparation
with intent to eventually willfully and maliciously set fire to or
burn same, or to procure the setting fire to or burning of the same
shall, for the purposes of this act constitute an attempt to burn
such structure, forest land or property.
456. (a) Upon conviction for any felony violation of this chapter,
in addition to the penalty prescribed, the court may impose a fine
not to exceed fifty thousand dollars ($50,000) unless a greater
amount is provided by law.
(b) When any person is convicted of a violation of any provision
of this chapter and the reason he committed the violation was for
pecuniary gain, in addition to the penalty prescribed and instead of
the fine provided in subdivision (a), the court may impose a fine of
twice the anticipated or actual gross gain.
457. Upon conviction of any person for a violation of any provision
of this chapter, the court may order that such person, for the
purpose of sentencing, submit to a psychiatric or psychological
examination.
457.1. (a) As used in this section, "arson" means a violation of
Section 451, 451.5, or 453, and attempted arson, which includes, but
is not limited to, a violation of Section 455.
(b) (1) Every person described in paragraph (2), (3), and (4), for
the periods specified therein, shall, while residing in, or if the
person has no residence, while located in California, be required to,
within 14 days of coming into, or changing the person's residence or
location within any city, county, city and county, or campus wherein
the person temporarily resides, or if the person has no residence,
is located:
(A) Register with the chief of police of the city where the person
is residing, or if the person has no residence, where the person is
located.
(B) Register with the sheriff of the county where the person is
residing, or if the person has no residence, where the person is
located in an unincorporated area or city that has no police
department.
(C) In addition to (A) or (B) above, register with the chief of
police of a campus of the University of California, the California
State University, or community college where the person is residing,
or if the person has no residence, where the person is located upon
the campus or any of its facilities.
(2) Any person who, on or after November 30, 1994, is convicted in
any court in this state of arson or attempted arson shall be
required to register, in accordance with the provisions of this
section, for the rest of his or her life.
(3) Any person who, having committed the offense of arson or
attempted arson, and after having been adjudicated a ward of the
juvenile court on or after January 1, 1993, is discharged or paroled
from the Department of the Youth Authority shall be required to
register, in accordance with the provisions of this section, until
that person attains the age of 25 years, or until the person has his
or her records sealed pursuant to Section 781 of the Welfare and
Institutions Code, whichever comes first.
(4) Any person convicted of the offense of arson or attempted
arson on or after January 1, 1985, through November 29, 1994,
inclusive, in any court of this state, shall be required to register,
in accordance with the provisions of this section, for a period of
five years commencing, in the case where the person was confined for
the offense, from the date of their release from confinement, or in
the case where the person was not confined for the offense, from the
date of sentencing or discharge, if that person was ordered by the
court at the time that person was sentenced to register as an arson
offender. The law enforcement agencies shall make registration
information available to the chief fire official of a legally
organized fire department or fire protection district having local
jurisdiction where the person resides.
(c) Any person required to register pursuant to this section who
is discharged or paroled from a jail, prison, school, road camp, or
other penal institution, or from the Department of the Youth
Authority where he or she was confined because of the commission or
attempted commission of arson, shall, prior to the discharge, parole,
or release, be informed of his or her duty to register under this
section by the official in charge of the place of confinement. The
official shall require the person to read and sign the form as may be
required by the Department of Justice, stating that the duty of the
person to register under this section has been explained to him or
her. The official in charge of the place of confinement shall obtain
the address where the person expects to reside upon his or her
discharge, parole, or release and shall report the address to the
Department of Justice. The official in charge of the place of
confinement shall give one copy of the form to the person, and shall,
not later than 45 days prior to the scheduled release of the person,
send one copy to the appropriate law enforcement agency having local
jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; one copy to the prosecuting agency
that prosecuted the person; one copy to the chief fire official of a
legally organized fire department or fire protection district having
local jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; and one copy to the Department of
Justice. The official in charge of the place of confinement shall
retain one copy. All forms shall be transmitted in time so as to be
received by the local law enforcement agency and prosecuting agency
30 days prior to the discharge, parole, or release of the person.
(d) All records relating specifically to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
required to register under this subdivision for offenses adjudicated
by a juvenile court attains the age of 25 years or has his or her
records sealed under the procedures set forth in Section 781 of the
Welfare and Institutions Code, whichever event occurs first. This
subdivision shall not be construed to require the destruction of
other criminal offender or juvenile records relating to the case that
are maintained by the Department of Justice, law enforcement
agencies, the juvenile court, or other agencies and public officials
unless ordered by the court under Section 781 of the Welfare and
Institutions Code.
(e) Any person who is required to register pursuant to this
section who is released on probation or discharged upon payment of a
fine shall, prior to the release or discharge, be informed of his or
her duty to register under this section by the probation department
of the county in which he or she has been convicted, and the
probation officer shall require the person to read and sign the form
as may be required by the Department of Justice, stating that the
duty of the person to register under this section has been explained
to him or her. The probation officer shall obtain the address where
the person expects to reside upon his or her release or discharge and
shall report within three days the address to the Department of
Justice. The probation officer shall give one copy of the form to
the person, and shall send one copy to the appropriate law
enforcement agency having local jurisdiction where the person expects
to reside upon his or her discharge or release, one copy to the
prosecuting agency that prosecuted the person, one copy to the chief
fire official of a legally organized fire department or fire
protection district having local jurisdiction where the person
expects to reside upon his or her discharge or release, and one copy
to the Department of Justice. The probation officer shall also
retain one copy.
(f) The registration shall consist of (1) a statement in writing
signed by the person, giving the information as may be required by
the Department of Justice, and (2) the fingerprints and photograph of
the person. Within three days thereafter, the registering law
enforcement agency shall electronically forward the statement,
fingerprints, and photograph to the Department of Justice.
(g) If any person required to register by this section changes his
or her residence address, he or she shall inform, in writing within
10 days, the law enforcement agency with whom he or she last
registered of his or her new address. The law enforcement agency
shall, within three days after receipt of the information,
electronically forward it to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency having local jurisdiction of the new place
of residence.
(h) Any person required to register under this section who
violates any of the provisions thereof is guilty of a misdemeanor.
Any person who has been convicted of arson or attempted arson and who
is required to register under this section who willfully violates
any of the provisions thereof is guilty of a misdemeanor and shall be
sentenced to serve a term of not less than 90 days nor more than one
year in a county jail. In no event does the court have the power to
absolve a person who willfully violates this section from the
obligation of spending at least 90 days of confinement in a county
jail and of completing probation of at least one year.
(i) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the Board of Prison Terms, the Department of the
Youth Authority, or the court, as the case may be, shall order the
parole or probation of that person revoked.
(j) The statements, photographs, and fingerprints required by this
section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
(k) In any case in which a person who would be required to
register pursuant to this section is to be temporarily sent outside
the institution where he or she is confined on any assignment within
a city or county, including, but not limited to, firefighting or
disaster control, the local law enforcement agency having
jurisdiction over the place or places where that assignment shall
occur shall be notified within a reasonable time prior to removal
from the institution. This subdivision shall not apply to any person
temporarily released under guard from the institution where he or
she is confined.
(l) Nothing in this section shall be construed to conflict with
Section 1203.4 concerning termination of probation and release from
penalties and disabilities of probation.
A person required to register under this section may initiate a
proceeding under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 and, upon obtaining a certificate of
rehabilitation, shall be relieved of any further duty to register
under this section. This certificate shall not relieve the
petitioner of the duty to register under this section for any offense
subject to this section of which he or she is convicted in the
future.
Any person who is required to register under this section due to a
misdemeanor conviction shall be relieved of the requirement to
register if that person is granted relief pursuant to Section 1203.4.
[/align]
Burglarious and larcenous instruments and deadly
[align=left]
WEAPONS
466. Every person having upon him or her in his or her possession a
picklock, crow, keybit, crowbar, screwdriver, vise grip pliers,
water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun,
tubular lock pick, floor-safe door puller, master key, ceramic or
porcelain spark plug chips or pieces, or other instrument or tool
with intent feloniously to break or enter into any building, railroad
car, aircraft, or vessel, trailer coach, or vehicle as defined in
the Vehicle Code, or who shall knowingly make or alter, or shall
attempt to make or alter, any key or other instrument named above so
that the same will fit or open the lock of a building, railroad car,
aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle
Code, without being requested to do so by some person having the
right to open the same, or who shall make, alter, or repair any
instrument or thing, knowing or having reason to believe that it is
intended to be used in committing a misdemeanor or felony, is guilty
of a misdemeanor. Any of the structures mentioned in Section 459
shall be deemed to be a building within the meaning of this section.
466.1. Any person who knowingly and willfully sells or provides a
lock pick, a tension bar, a lock pick gun, a tubular lock pick, or a
floor-safe door puller, to another, whether or not for compensation,
shall obtain the name, address, telephone number, if any, date of
birth, and driver's license number or identification number, if any,
of the person to whom the device is sold or provided. This
information, together with the date the device was sold or provided
and the signature of the person to whom the device was sold or
provided, shall be set forth on a bill of sale or receipt. A copy of
each bill of sale or receipt shall be retained for one year and
shall be open to inspection by any peace officer during business
hours.
Any person who violates any provision of this section is guilty of
a misdemeanor.
466.3. (a) Whoever possesses a key, tool, instrument, explosive, or
device, or a drawing, print, or mold of a key, tool, instrument,
explosive, or device, designed to open, break into, tamper with, or
damage a coin-operated machine as defined in subdivision (b), with
intent to commit a theft from such machine, is punishable by
imprisonment in the county jail for not more than one year, or by
fine of not more than one thousand dollars ($1,000), or by both.
(b) As used in this section, the term "coin-operated machine"
shall include any automatic vending machine or any part thereof,
parking meter, coin telephone, coin laundry machine, coin dry
cleaning machine, amusement machine, music machine, vending machine
dispensing goods or services, or moneychanger.
466.5. (a) Every person who, with the intent to use it in the
commission of an unlawful act, possesses a motor vehicle master key
or a motor vehicle wheel lock master key is guilty of a misdemeanor.
(b) Every person who, with the intent to use it in the commission
of an unlawful act, uses a motor vehicle master key to open a lock or
operate the ignition switch of any motor vehicle or uses a motor
vehicle wheel lock master key to open a wheel lock on any motor
vehicle is guilty of a misdemeanor.
(c) Every person who knowingly manufactures for sale, advertises
for sale, offers for sale, or sells a motor vehicle master key or a
motor vehicle wheel lock master key, except to persons who use such
keys in their lawful occupations or businesses, is guilty of a
misdemeanor.
(d) As used in this section:
(1) "Motor vehicle master key" means a key which will operate all
the locks or ignition switches, or both the locks and ignition
switches, in a given group of motor vehicle locks or motor vehicle
ignition switches, or both motor vehicle locks and motor vehicle
ignition switches, each of which can be operated by a key which will
not operate one or more of the other locks or ignition switches in
such group.
(2) "Motor vehicle wheel lock" means a device attached to a motor
vehicle wheel for theft protection purposes which can be removed only
by a key unit unique to the wheel lock attached to a particular
motor vehicle.
(3) "Motor vehicle wheel lock master key" means a key unit which
will operate all the wheel locks in a given group of motor vehicle
wheel locks, each of which can be operated by a key unit which will
not operate any of the other wheel locks in the group.
466.6. (a) Any person who makes a key capable of operating the
ignition of a motor vehicle or personal property registered under the
Vehicle Code for another by any method other than by the duplication
of an existing key, whether or not for compensation, shall obtain
the name, address, telephone number, if any, date of birth, and
driver's license number or identification number of the person
requesting or purchasing the key; and the registration or
identification number, license number, year, make, model, color, and
vehicle identification number of the vehicle or personal property
registered under the Vehicle Code for which the key is to be made.
Such information, together with the date the key was made and the
signature of the person for whom the key was made, shall be set forth
on a work order. A copy of each such work order shall be retained
for two years, shall include the name and permit number of the
locksmith performing the service, and shall be open to inspection by
any peace officer or by the Bureau of Collection and Investigative
Services during business hours or submitted to the bureau upon
request.
Any person who violates any provision of this subdivision is
guilty of a misdemeanor.
(b) The provisions of this section shall include, but are not
limited to, the making of a key from key codes or impressions.
(c) Nothing contained in this section shall be construed to
prohibit the duplication of any key for a motor vehicle from another
key.
466.7. Every person who, with the intent to use it in the
commission of an unlawful act, possesses a motor vehicle key with
knowledge that such key was made without the consent of either the
registered or legal owner of the motor vehicle or of a person who is
in lawful possession of the motor vehicle, is guilty of a
misdemeanor.
466.8. (a) Any person who knowingly and willfully makes a key
capable of opening any door or other means of entrance to any
residence or commercial establishment for another by any method
involving an onsite inspection of such door or entrance, whether or
not for compensation, shall obtain, together with the date the key
was made, the street address of the residence or commercial
establishment, and the signature of the person for whom the key was
made, on a work order form, the following information regarding the
person requesting or purchasing the key:
(1) Name.
(2) Address.
(3) Telephone number, if any.
(4) Date of birth.
(5) Driver's license number or identification number, if any.
A copy of each such work order shall be retained for two years and
shall be open to inspection by any peace officer or by the Bureau of
Collection and Investigative Services during business hours or
submitted to the bureau upon request.
Any person who violates any provision of this subdivision is
guilty of a misdemeanor.
(b) Nothing contained in this section shall be construed to
prohibit the duplication of any key for a residence or commercial
establishment from another such key.
(c) Locksmiths licensed by the Bureau of Collection and
Investigative Services are subject to the provisions set forth in
Chapter 8.5 (commencing with Section 6980) of Division 3 of the
Business and Professions Code.
(d) The provisions of this section shall include, but are not
limited to, the making of a key from key codes or impressions.
466.9. (a) Every person who possesses a code grabbing device, with
the intent to use it in the commission of an unlawful act, is guilty
of a misdemeanor.
(b) Every person who uses a code grabbing device to disarm the
security alarm system of a motor vehicle, with the intent to use the
device in the commission of an unlawful act, is guilty of a
misdemeanor.
(c) As used in this section, "code grabbing device" means a device
that can receive and record the coded signal sent by the transmitter
of a motor vehicle security alarm system and can play back the
signal to disarm that system.
468. Any person who knowingly buys, sells, receives, disposes of,
conceals, or has in his possession a sniperscope shall be guilty of a
misdemeanor, punishable by a fine not to exceed one thousand
dollars ($1,000) or by imprisonment in the county jail for not more
than one year, or by both such fine and imprisonment.
As used in this section, sniperscope means any attachment, device
or similar contrivance designed for or adaptable to use on a firearm
which, through the use of a projected infrared light source and
electronic telescope, enables the operator thereof to visually
determine and locate the presence of objects during the nighttime.
This section shall not prohibit the authorized use or possession
of such sniperscope by a member of the armed forces of the United
States or by police officers, peace officers, or law enforcement
officers authorized by the properly constituted authorities for the
enforcement of law or ordinances; nor shall this section prohibit the
use or possession of such sniperscope when used solely for
scientific research or educational purposes.
469. Any person who knowingly makes, duplicates, causes to be
duplicated, or uses, or attempts to make, duplicate, cause to be
duplicated, or use, or has in his possession any key to a building or
other area owned, operated, or controlled by the State of
California, any state agency, board, or commission, a county, city,
or any public school or community college district without
authorization from the person in charge of such building or area or
his designated representative and with knowledge of the lack of such
authorization is guilty of a misdemeanor.
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