"u.s.a"california penal code

[align=left]
JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS
112. (a) Any person who manufactures or sells any false government
document with the intent to conceal the true citizenship or resident
alien status of another person is guilty of a misdemeanor and shall
be punished by imprisonment in a county jail for one year. Every
false government document that is manufactured or sold in violation
of this section may be charged and prosecuted as a separate and
distinct violation, and consecutive sentences may be imposed for each
violation.
(b) A prosecuting attorney shall have discretion to charge a
defendant with a violation of this section or any other law that
applies.
(c) As used in this section, "government document" means any
document issued by the United States government or any state or local
government, including, but not limited to, any passport, immigration
visa, employment authorization card, birth certificate, driver's
license, identification card, or social security card.



113. Any person who manufactures, distributes or sells false
documents to conceal the true citizenship or resident alien status of
another person is guilty of a felony, and shall be punished by
imprisonment in the state prison for five years or by a fine of
seventy-five thousand dollars ($75,000).



114. Any person who uses false documents to conceal his or her true
citizenship or resident alien status is guilty of a felony, and
shall be punished by imprisonment in the state prison for five years
or by a fine of twenty-five thousand dollars ($25,000).



115. (a) Every person who knowingly procures or offers any false or
forged instrument to be filed, registered, or recorded in any public
office within this state, which instrument, if genuine, might be
filed, registered, or recorded under any law of this state or of the
United States, is guilty of a felony.
(b) Each instrument which is procured or offered to be filed,
registered, or recorded in violation of subdivision (a) shall
constitute a separate violation of this section.
(c) Except in unusual cases where the interests of justice would
best be served if probation is granted, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
(1) Any person with a prior conviction under this section who is
again convicted of a violation of this section in a separate
proceeding.
(2) Any person who is convicted of more than one violation of this
section in a single proceeding, with intent to defraud another, and
where the violations resulted in a cumulative financial loss
exceeding one hundred thousand dollars ($100,000).
(d) For purposes of prosecution under this section, each act of
procurement or of offering a false or forged instrument to be filed,
registered, or recorded shall be considered a separately punishable
offense.


115.1. (a) The Legislature finds and declares that the voters of
California are entitled to accurate representations in materials that
are directed to them in efforts to influence how they vote.
(b) No person shall publish or cause to be published, with intent
to deceive, any campaign advertisement containing a signature that
the person knows to be unauthorized.
(c) For purposes of this section, "campaign advertisement" means
any communication directed to voters by means of a mass mailing as
defined in Section 82041.5 of the Government Code, a paid television,
radio, or newspaper advertisement, an outdoor advertisement, or any
other printed matter, if the expenditures for that communication are
required to be reported by Chapter 4 (commencing with Section 84100)
of Title 9 of the Government Code.
(d) For purposes of this section, an authorization to use a
signature shall be oral or written.
(e) Nothing in this section shall be construed to prohibit a
person from publishing or causing to be published a reproduction of
all or part of a document containing an actual or authorized
signature, provided that the signature so reproduced shall not, with
the intent to deceive, be incorporated into another document in a
manner that falsely suggests that the person whose signature is
reproduced has signed the other document.
(f) Any knowing or willful violation of this section is a public
offense punishable by imprisonment in the state prison or in a county
jail, or by a fine not to exceed fifty thousand dollars ($50,000),
or by both that fine and imprisonment.
(g) As used in this section, "signature" means either of the
following:
(1) A handwritten or mechanical signature, or a copy thereof.
(2) Any representation of a person's name, including, but not
limited to, a printed or typewritten representation, that serves the
same purpose as a handwritten or mechanical signature.



115.2. (a) No person shall publish or cause to be published, with
actual knowledge, and intent to deceive, any campaign advertisement
containing false or fraudulent depictions, or false or fraudulent
representations, of official public documents or purported official
public documents.
(b) For purposes of this section, "campaign advertisement" means
any communication directed to voters by means of a mass mailing as
defined in Section 82041.5 of the Government Code, a paid newspaper
advertisement, an outdoor advertisement, or any other printed matter,
if the expenditures for that communication are required to be
reported by Chapter 4 (commencing with Section 84100) of Title 9 of
the Government Code.
(c) Any violation of this section is a misdemeanor punishable by
imprisonment in the county jail, or by a fine not to exceed fifty
thousand dollars ($50,000), or both.



115.25. (a) No person or entity shall authorize the production or
distribution, or participate in the authorization of the production
or distribution, of any document, including, but not limited to, any
campaign advertisement, as defined in subdivision (d), that the
person or entity knows contains inaccurate emergency service phone
numbers for various emergency services, including, but not limited
to, police, fire, or ambulance services.
(b) A violation of subdivision (a) shall be an infraction,
punishable by a fine not exceeding two hundred fifty dollars ($250).

(c) A violation of subdivision (a) resulting in the serious injury
or death of persons who innocently rely on the erroneous phone
numbers contained in the document is a misdemeanor, punishable by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment in
a county jail not exceeding one year, or by both that fine and
imprisonment.
(d) For purposes of this section, "campaign advertisement" means
any communication directed to voters by means of a mass mailing, as
defined in Section 82041.5 of the Government Code, a paid television,
radio, or newspaper advertisement, an outdoor advertisement, or any
other printed matter, if the expenditures for that communication are
required to be reported by Chapter 4 (commencing with Section 84100)
of Title 9 of the Government Code.



115.3. Any person who alters a certified copy of an official
record, or knowingly furnishes an altered certified copy of an
official record, of this state, including the executive, legislative,
and judicial branches thereof, or of any city, county, city and
county, district, or political subdivision thereof, is guilty of a
misdemeanor.



115.5. (a) Every person who files any false or forged document or
instrument with the county recorder which affects title to, places an
encumbrance on, or places an interest secured by a mortgage or deed
of trust on, real property consisting of a single-family residence
containing not more than four dwelling units, with knowledge that the
document is false or forged, is punishable, in addition to any other
punishment, by a fine not exceeding seventy-five thousand dollars
($75,000).
(b) Every person who makes a false sworn statement to a notary
public, with knowledge that the statement is false, to induce the
notary public to perform an improper notarial act on an instrument or
document affecting title to, or placing an encumbrance on, real
property consisting of a single-family residence containing not more
than four dwelling units is guilty of a felony.



116. Every person who adds any names to the list of persons
selected to serve as jurors for the county, either by placing the
names in the jury box or otherwise, or extracts any name therefrom,
or destroys the jury box or any of the pieces of paper containing the
names of jurors, or mutilates or defaces the names so that they
cannot be read, or changes the names on the pieces of paper, except
in cases allowed by law, is guilty of a felony.



116.5. (a) A person is guilty of tampering with a jury when, prior
to, or within 90 days of, discharge of the jury in a criminal
proceeding, he or she does any of the following:
(1) Confers, or offers or agrees to confer, any payment or benefit
upon a juror or upon a third person who is acting on behalf of a
juror in consideration for the juror or third person supplying
information in relation to an action or proceeding.
(2) Acting on behalf of a juror, accepts or agrees to accept any
payment or benefit for himself or herself or for the juror in
consideration for supplying any information in relation to an action
or proceeding.
(3) Acting on behalf of himself or herself, agrees to accept,
directly or indirectly, any payment or benefit in consideration for
supplying any information in relation to an action or proceeding.
(b) Any person who violates this section is guilty of a
misdemeanor.
(c) In the case of a juror who is within 90 days of having been
discharged, otherwise lawful compensation not exceeding fifty dollars
($50) in value shall not constitute a criminal violation of this
section.
(d) Upon conviction under this section, in addition to the penalty
described in subdivision (b), any compensation received in violation
of this section shall be forfeited by the defendant and deposited in
the Victim Restitution Fund.



117. Every officer or person required by law to certify to the list
of persons selected as jurors who maliciously, corruptly, or
willfully certifies to a false or incorrect list, or a list
containing other names than those selected, or who, being required by
law to write down the names placed on the certified lists on
separate pieces of paper, does not write down and place in the jury
box the same names that are on the certified list, and no more and no
less than are on such list, is guilty of a felony.
[/align]

[[align=left]
align=justify]
118. (a) Every person who, having taken an oath that he or she will
testify, declare, depose, or certify truly before any competent
tribunal, officer, or person, in any of the cases in which the oath
may by law of the State of California be administered, willfully and
contrary to the oath, states as true any material matter which he or
she knows to be false, and every person who testifies, declares,
deposes, or certifies under penalty of perjury in any of the cases in
which the testimony, declarations, depositions, or certification is
permitted by law of the State of California under penalty of perjury
and willfully states as true any material matter which he or she
knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the
testimony, declaration, deposition, or certification is made or
subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity
rests solely upon contradiction by testimony of a single person
other than the defendant. Proof of falsity may be established by
direct or indirect evidence.



118.1. Every peace officer who files any report with the agency
which employs him or her regarding the commission of any crime or any
investigation of any crime, if he or she knowingly and intentionally
makes any statement regarding any material matter in the report
which the officer knows to be false, whether or not the statement is
certified or otherwise expressly reported as true, is guilty of
filing a false report punishable by imprisonment in the county jail
for up to one year, or in the state prison for one, two, or three
years. This section shall not apply to the contents of any statement
which the peace officer attributes in the report to any other
person.



118a. Any person who, in any affidavit taken before any person
authorized to administer oaths, swears, affirms, declares, deposes,
or certifies that he will testify, declare, depose, or certify before
any competent tribunal, officer, or person, in any case then pending
or thereafter to be instituted, in any particular manner, or to any
particular fact, and in such affidavit willfully and contrary to such
oath states as true any material matter which he knows to be false,
is guilty of perjury. In any prosecution under this section, the
subsequent testimony of such person, in any action involving the
matters in such affidavit contained, which is contrary to any of the
matters in such affidavit contained, shall be prima facie evidence
that the matters in such affidavit were false.



119. The term "oath," as used in the last two sections, includes an
affirmation and every other mode authorized by law of attesting the
truth of that which is stated.



120. So much of an oath of office as relates to the future
performance of official duties is not such an oath as is intended by
the two preceding sections.


121. It is no defense to a prosecution for perjury that the oath
was administered or taken in an irregular manner, or that the person
accused of perjury did not go before, or was not in the presence of,
the officer purporting to administer the oath, if such accused caused
or procured such officer to certify that the oath had been taken or
administered.



122. It is no defense to a prosecution for perjury that the accused
was not competent to give the testimony, deposition, or certificate
of which falsehood is alleged. It is sufficient that he did give
such testimony or make such deposition or certificate.



123. It is no defense to a prosecution for perjury that the accused
did not know the materiality of the false statement made by him; or
that it did not, in fact, affect the proceeding in or for which it
was made. It is sufficient that it was material, and might have been
used to affect such proceeding.


124. The making of a deposition, affidavit or certificate is deemed
to be complete, within the provisions of this chapter, from the time
when it is delivered by the accused to any other person, with the
intent that it be uttered or published as true.



125. An unqualified statement of that which one does not know to be
true is equivalent to a statement of that which one knows to be
false.


126. Perjury is punishable by imprisonment in the state prison for
two, three or four years.



127. Every person who willfully procures another person to commit
perjury is guilty of subornation of perjury, and is punishable in the
same manner as he would be if personally guilty of the prejury so
procured.


128. Every person who, by willful perjury or subornation of perjury
procures the conviction and execution of any innocent person, is
punishable by death or life imprisonment without possibility of
parole. The penalty shall be determined pursuant to Sections 190.3
and 190.4.



129. Every person who, being required by law to make any return,
statement, or report, under oath, willfully makes and delivers any
such return, statement, or report, purporting to be under oath,
knowing the same to be false in any particular, is guilty of perjury,
whether such oath was in fact taken or not.



131. Every person in any matter under investigation for a violation
of the Corporate Securities Law of 1968 (Part 1 (commencing with
Section 25000) of Division 1 of Title 4 of the Corporations Code),
the California Commodity Law of 1990 (Chapter 1 (commencing with
Section 29500) of Division 4.5 of Title 4 of the Corporations Code),
Section 16755 of the Business and Professions Code, or in connection
with an investigation conducted by the head of a department of the
State of California relating to the business activities and subjects
under the jurisdiction of the department, who knowingly and willfully
falsifies, misrepresents, or conceals a material fact or makes any
materially false, fictitious, misleading, or fraudulent statement or
representation, and any person who knowingly and willfully procures
or causes another to violate this section, is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding twenty-five thousand dollars ($25,000), or
by both that imprisonment and fine for each violation of this
section. This section does not apply to conduct charged as a
violation of Section 118 of this code.

[/align]
[/align]

[align=left]
132. Every person who upon any trial, proceeding, inquiry, or
investigation whatever, authorized or permitted by law, offers in
evidence, as genuine or true, any book, paper, document, record, or
other instrument in writing, knowing the same to have been forged or
fraudulently altered or ante-dated, is guilty of felony.




132.5. (a) A person who is a witness to an event or occurrence that
he or she knows, or reasonably should know, is a crime or who has
personal knowledge of facts that he or she knows, or reasonably
should know, may require that person to be called as a witness in a
criminal prosecution shall not accept or receive, directly or
indirectly, any payment or benefit in consideration for providing
information obtained as a result of witnessing the event or
occurrence or having personal knowledge of the facts.
(b) A violation of this section is a misdemeanor and shall be
punished by imprisonment in a county jail for not exceeding six
months, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
(c) Upon conviction under this section, in addition to the penalty
described in subdivision (b), any compensation received in violation
of this section shall be forfeited by the defendant and deposited in
the Victim Restitution Fund.
(d) This section shall not apply if more than one year has elapsed
from the date of any criminal act related to the information that is
provided under subdivision (a) unless prosecution has commenced for
that criminal act. If prosecution has commenced, this section shall
remain applicable until the final judgment in the action.
(e) This section shall not apply to any of the following
circumstances:
(1) Lawful compensation paid to expert witnesses, investigators,
employees, or agents by a prosecutor, law enforcement agency, or an
attorney employed to represent a person in a criminal matter.
(2) Lawful compensation provided to an informant by a prosecutor
or law enforcement agency.
(3) Compensation paid to a publisher, editor, reporter, writer, or
other person connected with or employed by a newspaper, magazine, or
other publication or a television or radio news reporter or other
person connected with a television or radio station, for disclosing
information obtained in the ordinary course of business.
(4) Statutorily authorized rewards offered by governmental
agencies for information leading to the arrest and conviction of
specified offenders.
(5) Lawful compensation provided to a witness participating in the
Witness Protection Program established pursuant to Title 7.5
(commencing with Section 14020) of Part 4.
(f) For purposes of this section, "information" does not include a
photograph, videotape, audiotape, or any other direct recording of
events or occurrences.



132.5. (a) The Legislature supports and affirms the constitutional
right of every person to communicate on any subject. This section is
intended to preserve the right of every accused person to a fair
trial, the right of the people to due process of law, and the
integrity of judicial proceedings. This section is not intended to
prevent any person from disseminating any information or opinion.
The Legislature hereby finds and declares that the disclosure for
valuable consideration of information relating to crimes by
prospective witnesses can cause the loss of credible evidence in
criminal trials and threatens to erode the reliability of verdicts.
The Legislature further finds and declares that the disclosure for
valuable consideration of information relating to crimes by
prospective witnesses creates an appearance of injustice that is
destructive of public confidence.
(b) A person who is a witness to an event or occurrence that he or
she knows is a crime or who has personal knowledge of facts that he
or she knows or reasonably should know may require that person to be
called as a witness in a criminal prosecution shall not accept or
receive, directly or indirectly, any money or its equivalent in
consideration for providing information obtained as a result of
witnessing the event or occurrence or having personal knowledge of
the facts.
(c) Any person who is a witness to an event or occurrence that he
or she reasonably should know is a crime shall not accept or receive,
directly or indirectly, any money or its equivalent in consideration
for providing information obtained as a result of his or her
witnessing the event or occurrence.
(d) The Attorney General or the district attorney of the county in
which an alleged violation of subdivision (c) occurs may institute a
civil proceeding. Where a final judgment is rendered in the civil
proceeding, the defendant shall be punished for the violation of
subdivision (c) by a fine equal to 150 percent of the amount received
or contracted for by the person.
(e) A violation of subdivision (b) is a misdemeanor punishable by
imprisonment for a term not exceeding six months in a county jail, a
fine not exceeding three times the amount of compensation requested,
accepted, or received, or both the imprisonment and fine.
(f) This section does not apply if more than one year has elapsed
from the date of any criminal act related to the information that is
provided under subdivision (b) or (c) unless prosecution has
commenced for that criminal act. If prosecution has commenced, this
section shall remain applicable until the final judgment in the
action.
(g) This section does not apply to any of the following
circumstances:
(1) Lawful compensation paid to expert witnesses, investigators,
employees, or agents by a prosecutor, law enforcement agency, or an
attorney employed to represent a person in a criminal matter.
(2) Lawful compensation provided to an informant by a prosecutor
or law enforcement agency.
(3) Compensation paid to a publisher, editor, reporter, writer, or
other person connected with or employed by a newspaper, magazine, or
other publication or a television or radio news reporter or other
person connected with a television or radio station, for disclosing
information obtained in the ordinary course of business.
(4) Statutorily authorized rewards offered by governmental
agencies or private reward programs offered by victims of crimes for
information leading to the arrest and conviction of specified
offenders.
(5) Lawful compensation provided to a witness participating in the
Witness Protection Program established pursuant to Title 7.5
(commencing with Section 14020) of Part 4.
(h) For purposes of this section, "information" does not include a
photograph, videotape, audiotape, or any other direct recording of
an event or occurrence.
(i) For purposes of this section, "victims of crimes" shall be
construed in a manner consistent with Section 28 of Article I of the
California Constitution, and shall include victims, as defined in
subdivision (3) of Section 136.


133. Every person who practices any fraud or deceit, or knowingly
makes or exhibits any false statement, representation, token, or
writing, to any witness or person about to be called as a witness
upon any trial, proceeding, inquiry, or investigation whatever,
authorized by law, with intent to affect the testimony of such
witness, is guilty of a misdemeanor.



134. Every person guilty of preparing any false or ante-dated book,
paper, record, instrument in writing, or other matter or thing, with
intent to produce it, or allow it to be produced for any fraudulent
or deceitful purpose, as genuine or true, upon any trial, proceeding,
or inquiry whatever, authorized by law, is guilty of felony.




135. Every person who, knowing that any book, paper, record,
instrument in writing, or other matter or thing, is about to be
produced in evidence upon any trial, inquiry, or investigation
whatever, authorized by law, willfully destroys or conceals the same,
with intent thereby to prevent it from being produced, is guilty of
a misdemeanor.



135.5. Any person who knowingly alters, tampers with, conceals, or
destroys relevant evidence in any disciplinary proceeding against a
public safety officer, for the purpose of harming that public safety
officer, is guilty of a misdemeanor.



136. As used in this chapter:
(1) "Malice" means an intent to vex, annoy, harm, or injure in any
way another person, or to thwart or interfere in any manner with the
orderly administration of justice.
(2) "Witness" means any natural person, (i) having knowledge of
the existence or nonexistence of facts relating to any crime, or (ii)
whose declaration under oath is received or has been received as
evidence for any purpose, or (iii) who has reported any crime to any
peace officer, prosecutor, probation or parole officer, correctional
officer or judicial officer, or (iv) who has been served with a
subpoena issued under the authority of any court in the state, or of
any other state or of the United States, or (v) who would be believed
by any reasonable person to be an individual described in
subparagraphs (i) to (iv), inclusive.
(3) "Victim" means any natural person with respect to whom there
is reason to believe that any crime as defined under the laws of this
state or any other state or of the United States is being or has
been perpetrated or attempted to be perpetrated.



136.1. (a) Except as provided in subdivision (c), any person who
does any of the following is guilty of a public offense and shall be
punished by imprisonment in a county jail for not more than one year
or in the state prison:
(1) Knowingly and maliciously prevents or dissuades any witness or
victim from attending or giving testimony at any trial, proceeding,
or inquiry authorized by law.
(2) Knowingly and maliciously attempts to prevent or dissuade any
witness or victim from attending or giving testimony at any trial,
proceeding, or inquiry authorized by law.
(3) For purposes of this section, evidence that the defendant was
a family member who interceded in an effort to protect the witness or
victim shall create a presumption that the act was without malice.
(b) Except as provided in subdivision (c), every person who
attempts to prevent or dissuade another person who has been the
victim of a crime or who is witness to a crime from doing any of the
following is guilty of a public offense and shall be punished by
imprisonment in a county jail for not more than one year or in the
state prison:
(1) Making any report of that victimization to any peace officer
or state or local law enforcement officer or probation or parole or
correctional officer or prosecuting agency or to any judge.
(2) Causing a complaint, indictment, information, probation or
parole violation to be sought and prosecuted, and assisting in the
prosecution thereof.
(3) Arresting or causing or seeking the arrest of any person in
connection with that victimization.
(c) Every person doing any of the acts described in subdivision
(a) or (b) knowingly and maliciously under any one or more of the
following circumstances, is guilty of a felony punishable by
imprisonment in the state prison for two, three, or four years under
any of the following circumstances:
(1) Where the act is accompanied by force or by an express or
implied threat of force or violence, upon a witness or victim or any
third person or the property of any victim, witness, or any third
person.
(2) Where the act is in furtherance of a conspiracy.
(3) Where the act is committed by any person who has been
convicted of any violation of this section, any predecessor law
hereto or any federal statute or statute of any other state which, if
the act prosecuted was committed in this state, would be a violation
of this section.
(4) Where the act is committed by any person for pecuniary gain or
for any other consideration acting upon the request of any other
person. All parties to such a transaction are guilty of a felony.
(d) Every person attempting the commission of any act described in
subdivisions (a), (b), and (c) is guilty of the offense attempted
without regard to success or failure of the attempt. The fact that
no person was injured physically, or in fact intimidated, shall be no
defense against any prosecution under this section.
(e) Nothing in this section precludes the imposition of an
enhancement for great bodily injury where the injury inflicted is
significant or substantial.
(f) The use of force during the commission of any offense
described in subdivision (c) shall be considered a circumstance in
aggravation of the crime in imposing a term of imprisonment under
subdivision (b) of Section 1170.



136.2. (a) Except as provided in subdivision (c), upon a good
cause belief that harm to, or intimidation or dissuasion of, a victim
or witness has occurred or is reasonably likely to occur, any court
with jurisdiction over a criminal matter may issue orders including,
but not limited to, the following:
(1) Any order issued pursuant to Section 6320 of the Family Code.

(2) An order that a defendant shall not violate any provision of
Section 136.1.
(3) An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.
(4) An order that any person described in this section shall have
no communication whatsoever with any specified witness or any victim,
except through an attorney under any reasonable restrictions that
the court may impose.
(5) An order calling for a hearing to determine if an order as
described in paragraphs (1) to (4), inclusive, should be issued.
(6) An order that a particular law enforcement agency within the
jurisdiction of the court provide protection for a victim or a
witness, or both, or for immediate family members of a victim or a
witness who reside in the same household as the victim or witness or
within reasonable proximity of the victim's or witness' household, as
determined by the court. The order shall not be made without the
consent of the law enforcement agency except for limited and
specified periods of time and upon an express finding by the court of
a clear and present danger of harm to the victim or witness or
immediate family members of the victim or witness.
For purposes of this paragraph, "immediate family members" include
the spouse, children, or parents of the victim or witness.
(7) (A) Any order protecting victims of violent crime from all
contact by the defendant, or contact, with the intent to annoy,
harass, threaten, or commit acts of violence, by the defendant. The
court or its designee shall transmit orders made under this paragraph
to law enforcement personnel within one business day of the
issuance, modification, extension, or termination of the order,
pursuant to subdivision (a) of Section 6380 of the Family Code. It
is the responsibility of the court to transmit the modification,
extension, or termination orders made under this paragraph to the
same agency that entered the original protective order into the
Domestic Violence Restraining Order System.
(B) (i) If a court does not issue an order pursuant to
subparagraph (A) in a case in which the defendant is charged with a
crime of domestic violence as defined in Section 13700, the court on
its own motion shall consider issuing a protective order upon a good
cause belief that harm to, or intimidation or dissuasion of, a victim
or witness has occurred or is reasonably likely to occur, that
provides as follows:
(I) The defendant shall not own, possess, purchase, receive, or
attempt to purchase or receive, a firearm while the protective order
is in effect.
(II) The defendant shall relinquish any firearms that he or she
owns or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
(ii) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive, a firearm while this protective
order is in effect is punishable pursuant to subdivision (g) of
Section 12021.
(C) Any order issued, modified, extended, or terminated by a court
pursuant to this paragraph shall be issued on forms adopted by the
Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of
the Family Code. However, the fact that an order issued by a court
pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not,
in and of itself, make the order unenforceable.
(b) Any person violating any order made pursuant to paragraphs (1)
to (7), inclusive, of subdivision (a) may be punished for any
substantive offense described in Section 136.1, or for a contempt of
the court making the order. A finding of contempt shall not be a bar
to prosecution for a violation of Section 136.1. However, any person
so held in contempt shall be entitled to credit for any punishment
imposed therein against any sentence imposed upon conviction of an
offense described in Section 136.1. Any conviction or acquittal for
any substantive offense under Section 136.1 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
(c) (1) Notwithstanding subdivisions (a) and (e), an emergency
protective order issued pursuant to Chapter 2 (commencing with
Section 6250) of Part 3 of Division 10 of the Family Code or Section
646.91 of the Penal Code shall have precedence in enforcement over
any other restraining or protective order, provided the emergency
protective order meets all of the following requirements:
(A) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.
(B) The emergency protective order restrains the individual who is
the restrained person in the other restraining or protective order
specified in subparagraph (A).
(C) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the
provisions of the other restraining or protective order specified in
subparagraph (A).
(2) An emergency protective order that meets the requirements of
paragraph (1) shall have precedence in enforcement over the
provisions of any other restraining or protective order only with
respect to those provisions of the emergency protective order that
are more restrictive in relation to the restrained person.
(d) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
(3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
(e) (1) In all cases where the defendant is charged with a crime
of domestic violence, as defined in Section 13700, the court shall
consider issuing the above-described orders on its own motion. All
interested parties shall receive a copy of those orders. In order to
facilitate this, the court's records of all criminal cases involving
domestic violence shall be marked to clearly alert the court to this
issue.
(2) In those cases in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, has been issued, a restraining order or protective
order against the defendant issued by the criminal court in that case
has precedence in enforcement over any civil court order against the
defendant, unless a court issues an emergency protective order
pursuant to Chapter 2 (commencing with Section 6250) of Part 3 of
Division 10 of the Family Code or Section 646.91 of the Penal Code,
in which case the emergency protective order shall have precedence in
enforcement over any other restraining or protective order, provided
the emergency protective order meets the following requirements:
(A) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.
(B) The emergency protective order restrains the individual who is
the restrained person in the other restraining or protective order
specified in subparagraph (A).
(C) The provisions of the emergency protective order are more
restrictive in relation to the restrained person than are the
provisions of the other restraining or protective order specified in
subparagraph (A).
(3) Custody and visitation with respect to the defendant and his
or her minor children may be ordered by a family or juvenile court
consistent with the protocol established pursuant to subdivision (f),
but if ordered after a criminal protective order has been issued
pursuant to this section, the custody and visitation order shall make
reference to, and acknowledge the precedence of enforcement of, any
appropriate criminal protective order. On or before July 1, 2006, the
Judicial Council shall modify the criminal and civil court forms
consistent with this subdivision.
(f) On or before January 1, 2003, the Judicial Council shall
promulgate a protocol, for adoption by each local court in
substantially similar terms, to provide for the timely coordination
of all orders against the same defendant and in favor of the same
named victim or victims. The protocol shall include, but shall not be
limited to, mechanisms for assuring appropriate communication and
information sharing between criminal, family, and juvenile courts
concerning orders and cases that involve the same parties, and shall
permit a family or juvenile court order to coexist with a criminal
court protective order subject to the following conditions:
(1) Any order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or handwritten
that violates a "no contact order" issued by a criminal court.
(2) Safety of all parties shall be the courts' paramount concern.
The family or juvenile court shall specify the time, day, place, and
manner of transfer of the child, as provided in Section 3100 of the
Family Code.
(g) On or before January 1, 2003, the Judicial Council shall
modify the criminal and civil court protective order forms consistent
with this section.


136.3. (a) The court shall order that any party enjoined pursuant
to Section 136.2 be prohibited from taking any action to obtain the
address or location of a protected party or a protected party's
family members, caretakers, or guardian, unless there is good cause
not to make that order.
(b) The Judicial Council shall promulgate forms necessary to
effectuate this section.


136.5. Any person who has upon his person a deadly weapon with the
intent to use such weapon to commit a violation of Section 136.1 is
guilty of an offense punishable by imprisonment in the county jail
for not more than one year, or in the state prison.



136.7. Every person imprisoned in a county jail or the state prison
who has been convicted of a ***ual offense, including, but not
limited to, a violation of Section 243.4, 261, 261.5, 262, 264.1,
266, 266a, 266b, 266c, 266f, 285, 286, 288, 288a, or 289, who
knowingly reveals the name and address of any witness or victim to
that offense to any other prisoner with the intent that the other
prisoner will intimidate or harass the witness or victim through the
initiation of unauthorized correspondence with the witness or victim,
is guilty of a public offense, punishable by imprisonment in the
county jail not to exceed one year, or by imprisonment in the state
prison.
Nothing in this section shall prevent the interviewing of
witnesses.



137. (a) Every person who gives or offers, or promises to give, to
any witness, person about to be called as a witness, or person about
to give material information pertaining to a crime to a law
enforcement official, any bribe, upon any understanding or agreement
that the testimony of such witness or information given by such
person shall be thereby influenced is guilty of a felony.
(b) Every person who attempts by force or threat of force or by
the use of fraud to induce any person to give false testimony or
withhold true testimony or to give false material information
pertaining to a crime to, or withhold true material information
pertaining to a crime from, a law enforcement official is guilty of a
felony, punishable by imprisonment in the state prison for two,
three, or four years.
As used in this subdivision, "threat of force" means a credible
threat of unlawful injury to any person or damage to the property of
another which is communicated to a person for the purpose of inducing
him to give false testimony or withhold true testimony or to give
false material information pertaining to a crime to, or to withhold
true material information pertaining to a crime from, a law
enforcement official.
(c) Every person who knowingly induces another person to give
false testimony or withhold true testimony not privileged by law or
to give false material information pertaining to a crime to, or to
withhold true material information pertaining to a crime from, a law
enforcement official is guilty of a misdemeanor.
(d) At the arraignment, on a showing of cause to believe this
section may be violated, the court, on motion of a party, shall
admonish the person who there is cause to believe may violate this
section and shall announce the penalties and other provisions of this
section.
(e) As used in this section "law enforcement official" includes
any district attorney, deputy district attorney, city attorney,
deputy city attorney, the Attorney General or any deputy attorney
general, or any peace officer included in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2.
(f) The provisions of subdivision (c) shall not apply to an
attorney advising a client or to a person advising a member of his or
her family.



138. (a) Every person who gives or offers or promises to give to
any witness or person about to be called as a witness, any bribe upon
any understanding or agreement that the person shall not attend upon
any trial or other judicial proceeding, or every person who attempts
by means of any offer of a bribe to dissuade any person from
attending upon any trial or other judicial proceeding, is guilty of a
felony.
(b) Every person who is a witness, or is about to be called as
such, who receives, or offers to receive, any bribe, upon any
understanding that his or her testimony shall be influenced thereby,
or that he or she will absent himself or herself from the trial or
proceeding upon which his or her testimony is required, is guilty of
a felony.



139. (a) Except as provided in Sections 71 and 136.1, any person
who has been convicted of any felony offense specified in Section
12021.1 who willfully and maliciously communicates to a witness to,
or a victim of, the crime for which the person was convicted, a
credible threat to use force or violence upon that person or that
person's immediate family, shall be punished by imprisonment in the
county jail not exceeding one year or by imprisonment in the state
prison for two, three, or four years.
(b) Any person who is convicted of violating subdivision (a) who
subsequently is convicted of making a credible threat, as defined in
subdivision (c), which constitutes a threat against the life of, or a
threat to cause great bodily injury to, a person described in
subdivision (a), shall be sentenced to consecutive terms of
imprisonment as prescribed in Section 1170.13.
(c) As used in this section, "a credible threat" is a threat made
with the intent and the apparent ability to carry out the threat so
as to cause the target of the threat to reasonably fear for his or
her safety or the safety of his or her immediate family.
(d) The present incarceration of the person making the threat
shall not be a bar to prosecution under this section.
(e) As used in this section, "malice," "witness," and "victim"
have the meanings given in Section 136.



140. (a) Except as provided in Section 139, every person who
willfully uses force or threatens to use force or violence upon the
person of a witness to, or a victim of, a crime or any other person,
or to take, damage, or destroy any property of any witness, victim,
or any other person, because the witness, victim, or other person has
provided any assistance or information to a law enforcement officer,
or to a public prosecutor in a criminal proceeding or juvenile court
proceeding, shall be punished by imprisonment in the county jail not
exceeding one year, or by imprisonment in the state prison for two,
three, or four years.
(b) A person who is punished under another provision of law for an
act described in subdivision (a) shall not receive an additional
term of imprisonment under this section.



141. (a) Except as provided in subdivision (b), any person who
knowingly, willfully, and intentionally alters, modifies, plants,
places, manufactures, conceals, or moves any physical matter, with
specific intent that the action will result in a person being charged
with a crime or with the specific intent that the physical matter
will be wrongfully produced as genuine or true upon any trial,
proceeding, or inquiry whatever, is guilty of a misdemeanor.
(b) Any peace officer who knowingly, willfully, and intentionally
alters, modifies, plants, places, manufactures, conceals, or moves
any physical matter, with specific intent that the action will result
in a person being charged with a crime or with the specific intent
that the physical matter will be wrongfully produced as genuine or
true upon any trial, proceeding, or inquiry whatever, is guilty of a
felony punishable by two, three, or five years in the state prison.
(c) Nothing in this section shall preclude prosecution under both
this section and any other provision of law.[/align]

[align=left]142. (a) Any peace officer who has the authority to receive or
arrest a person charged with a criminal offense and willfully refuses
to receive or arrest that person shall be punished by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison, or in a county jail not exceeding one year, or by both
that fine and imprisonment.
(b) Notwithstanding subdivision (a), the sheriff may determine
whether any jail, institution, or facility under his or her direction
shall be designated as a reception, holding, or confinement
facility, or shall be used for several of those purposes, and may
designate the class of prisoners for which any facility shall be
used.
(c) This section shall not apply to arrests made pursuant to
Section 837.


145. Every public officer or other person, having arrested any
person upon a criminal charge, who willfully delays to take such
person before a magistrate having jurisdiction, to take his
examination, is guilty of a misdemeanor.



146. Every public officer, or person pretending to be a public
officer, who, under the pretense or color of any process or other
legal authority, does any of the following, without a regular process
or other lawful authority, is guilty of a misdemeanor:
(a) Arrests any person or detains that person against his or her
will.
(b) Seizes or levies upon any property.
(c) Dispossesses any one of any lands or tenements.



146a. (a) Any person who falsely represents himself or herself to
be a deputy or clerk in any state department and who, in that assumed
character, does any of the following is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding six months,
by a fine not exceeding two thousand five hundred dollars ($2,500),
or both the fine and imprisonment:
(1) Arrests, detains, or threatens to arrest or detain any person.

(2) Otherwise intimidates any person.
(3) Searches any person, building, or other property of any
person.
(4) Obtains money, property, or other thing of value.
(b) Any person who falsely represents himself or herself to be a
public officer, investigator, or inspector in any state department
and who, in that assumed character, does any of the following shall
be punished by imprisonment in a county jail not exceeding one year,
by a fine not exceeding two thousand five hundred dollars ($2,500),
or by both that fine and imprisonment, or by imprisonment in the
state prison:
(1) Arrests, detains, or threatens to arrest or detain any person.

(2) Otherwise intimidates any person.
(3) Searches any person, building, or other property of any
person.
(4) Obtains money, property, or other thing of value.




146b. Every person who, with intent to lead another to believe that
a request or demand for information is being made by the State, a
county, city, or other governmental entity, when such is not the
case, sends to such other person a written or printed form or other
communication which reasonably appears to be such request or demand
by such governmental entity, is guilty of a misdemeanor.



146c. Every person who designates any nongovernmental organization
by any name, including, but not limited to any name that incorporates
the term "peace officer," "police," or "law enforcement," that would
reasonably be understood to imply that the organization is composed
of law enforcement personnel, when, in fact, less than 80 percent of
the voting members of the organization are law enforcement personnel
or firefighters, active or retired, is guilty of a misdemeanor.
Every person who solicits another to become a member of any
organization so named, of which less than 80 percent of the voting
members are law enforcement personnel or firefighters, or to make a
contribution thereto or subscribe to or advertise in a publication of
the organization, or who sells or gives to another any badge, pin,
membership card, or other article indicating membership in the
organization, knowing that less than 80 percent of the voting members
are law enforcement personnel or firefighters, active or retired, is
guilty of a misdemeanor.
As used in this section, "law enforcement personnel" includes
those mentioned in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2, plus any other officers in any segment of law
enforcement who are employed by the state or any of its political
subdivisions.



146d. Every person who sells or gives to another a membership card,
badge, or other device, where it can be reasonably inferred by the
recipient that display of the device will have the result that the
law will be enforced less rigorously as to such person than would
otherwise be the case is guilty of a misdemeanor.



146e. (a) Every person who maliciously, and with the intent to
obstruct justice or the due administration of the laws, or with the
intent or threat to inflict imminent physical harm in retaliation for
the due administration of the laws, publishes, disseminates, or
otherwise discloses the residence address or telephone number of any
peace officer, nonsworn police dispatcher, employee of a city police
department or county sheriff's office, or public safety official, or
that of the spouse or children of these persons who reside with them,
while designating the peace officer, nonsworn police dispatcher,
employee of a city police department or county sheriff's office, or
public safety official, or relative of these persons as such, without
the authorization of the employing agency, is guilty of a
misdemeanor.
(b) A violation of subdivision (a) with regard to any peace
officer, employee of a city police department or county sheriff's
office, or public safety official, or the spouse or children of these
persons, that results in bodily injury to the peace officer,
employee of the city police department or county sheriff's office, or
public safety official, or the spouse or children of these persons,
is a felony.
(c) For purposes of this section, "public safety official" is
defined in Section 6254.24 of the Government Code.



146f. No inmate under the control or supervision of the Department
of Corrections or the Department of the Youth Authority shall be
permitted to work with records or files containing peace officer
personnel information or be allowed access to the immediate area
where that information is normally stored, except for maintenance
services and only after those records or files have been secured and
locked.



146g. (a) Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2, any employee of a law
enforcement agency, any attorney as defined in Section 6125 of the
Business and Professions Code employed by a governmental agency, or
any trial court employee as defined in Section 71601 of the
Government Code, who does either of the following is guilty of a
misdemeanor punishable by a fine not to exceed one thousand dollars
($1,000):
(1) Discloses, for financial gain, information obtained in the
course of a criminal investigation, the disclosure of which is
prohibited by law.
(2) Solicits, for financial gain, the exchange of information
obtained in the course of a criminal investigation, the disclosure of
which is prohibited by law.
(b) Any person who solicits any other person described in
subdivision (a) for the financial gain of the person described in
subdivision (a) to disclose information obtained in the course of a
criminal investigation, with the knowledge that the disclosure is
prohibited by law, is guilty of a misdemeanor, punishable by a fine
not to exceed one thousand dollars ($1,000).
(c) (1) Any person described in subdivision (a) who, for financial
gain, solicits or sells any photograph or video taken inside any
secure area of a law enforcement or court facility, the taking of
which was not authorized by the law enforcement or court facility
administrator, is guilty of a misdemeanor punishable by a fine not to
exceed one thousand dollars ($1,000).
(2) Any person who solicits any person described in subdivision
(a) for financial gain to the person described in subdivision (a) to
disclose any photograph or video taken inside any secure area of a
law enforcement or court facility, the taking of which was not
authorized by the law enforcement or court facility administrator, is
guilty of a misdemeanor punishable by a fine not to exceed one
thousand dollars ($1,000).
(d) Upon conviction of, and in addition to, any other penalty
prescribed by this section, the defendant shall forfeit any monetary
compensation received in the commission of a violation of this
section and the money shall be deposited in the Victim Restitution
Fund.
(e) Nothing in this section shall apply to officially sanctioned
information, photographs, or video, or to information, photographs,
or video obtained or distributed pursuant to the California
Whistleblower Protection Act or the Local Government Disclosure of
Information Act.
(f) This section shall not be construed to limit or prevent
prosecution pursuant to any other applicable provision of law.




147. Every officer who is guilty of willful inhumanity or
oppression toward any prisoner under his care or in his custody, is
punishable by fine not exceeding four thousand dollars ($4,000), and
by removal from office.


148. (a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, in the discharge or attempt to
discharge any duty of his or her office or employment, when no other
punishment is prescribed, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not to exceed one year, or by both that fine and imprisonment.
(2) Except as provided by subdivision (d) of Section 653t, every
person who knowingly and maliciously interrupts, disrupts, impedes,
or otherwise interferes with the transmission of a communication over
a public safety radio frequency shall be punished by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment.
(b) Every person who, during the commission of any offense
described in subdivision (a), removes or takes any weapon, other than
a firearm, from the person of, or immediate presence of, a public
officer or peace officer shall be punished by imprisonment in a
county jail not to exceed one year or in the state prison.
(c) Every person who, during the commission of any offense
described in subdivision (a), removes or takes a firearm from the
person of, or immediate presence of, a public officer or peace
officer shall be punished by imprisonment in the state prison.
(d) Except as provided in subdivision (c) and notwithstanding
subdivision (a) of Section 489, every person who removes or takes
without intent to permanently deprive, or who attempts to remove or
take a firearm from the person of, or immediate presence of, a public
officer or peace officer, while the officer is engaged in the
performance of his or her lawful duties, shall be punished by
imprisonment in a county jail not to exceed one year or in the state
prison.
In order to prove a violation of this subdivision, the prosecution
shall establish that the defendant had the specific intent to remove
or take the firearm by demonstrating that any of the following
direct, but ineffectual, acts occurred:
(1) The officer's holster strap was unfastened by the defendant.
(2) The firearm was partially removed from the officer's holster
by the defendant.
(3) The firearm safety was released by the defendant.
(4) An independent witness corroborates that the defendant stated
that he or she intended to remove the firearm and the defendant
actually touched the firearm.
(5) An independent witness corroborates that the defendant
actually had his or her hand on the firearm and tried to take the
firearm away from the officer who was holding it.
(6) The defendant's fingerprint was found on the firearm or
holster.
(7) Physical evidence authenticated by a scientifically verifiable
procedure established that the defendant touched the firearm.
(8) In the course of any struggle, the officer's firearm fell and
the defendant attempted to pick it up.
(e) A person shall not be convicted of a violation of subdivision
(a) in addition to a conviction of a violation of subdivision (b),
(c), or (d) when the resistance, delay, or obstruction, and the
removal or taking of the weapon or firearm or attempt thereof, was
committed against the same public officer, peace officer, or
emergency medical technician. A person may be convicted of multiple
violations of this section if more than one public officer, peace
officer, or emergency medical technician are victims.
(f) This section shall not apply if the public officer, peace
officer, or emergency medical technician is disarmed while engaged in
a criminal act.



148.1. (a) Any person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33,
employee of a fire department or fire service, district attorney,
newspaper, radio station, television station, deputy district
attorney, employees of the Department of Justice, employees of an
airline, employees of an airport, employees of a railroad or busline,
an employee of a telephone company, occupants of a building or a
news reporter in the employ of a newspaper or radio or television
station, that a bomb or other explosive has been or will be placed or
secreted in any public or private place, knowing that the report is
false, is guilty of a crime punishable by imprisonment in the state
prison, or imprisonment in the county jail not to exceed one year.
(b) Any person who reports to any other peace officer defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 that a
bomb or other explosive has been or will be placed or secreted in
any public or private place, knowing that the report is false, is
guilty of a crime punishable by imprisonment in the state prison or
in the county jail not to exceed one year if (1) the false
information is given while the peace officer is engaged in the
performance of his or her duties as a peace officer and (2) the
person providing the false information knows or should have known
that the person receiving the information is a peace officer.
(c) Any person who maliciously informs any other person that a
bomb or other explosive has been or will be placed or secreted in any
public or private place, knowing that the information is false, is
guilty of a crime punishable by imprisonment in the state prison, or
imprisonment in the county jail not to exceed one year.
(d) Any person who maliciously gives, mails, sends, or causes to
be sent any false or facsimile bomb to another person, or places,
causes to be placed, or maliciously possesses any false or facsimile
bomb, with the intent to cause another to fear for his or her
personal safety or the safety of others, is guilty of a crime
punishable by imprisonment in the state prison, or imprisonment in
the county jail not to exceed one year.



148.2. Every person who willfully commits any of the following acts
at the burning of a building or at any other time and place where
any fireman or firemen or emergency rescue personnel are discharging
or attempting to discharge an official duty, is guilty of a
misdemeanor:
1. Resists or interferes with the lawful efforts of any fireman or
firemen or emergency rescue personnel in the discharge or attempt to
discharge an official duty.
2. Disobeys the lawful orders of any fireman or public officer.
3. Engages in any disorderly conduct which delays or prevents a
fire from being timely extinguished.
4. Forbids or prevents others from assisting in extinguishing a
fire or exhorts another person, as to whom he has no legal right or
obligation to protect or control, from assisting in extinguishing a
fire.



148.3. (a) Any individual who reports, or causes any report to be
made, to any city, county, city and county, or state department,
district, agency, division, commission, or board, that an "emergency"
exists, knowing that the report is false, is guilty of a misdemeanor
and upon conviction thereof shall be punishable by imprisonment in
the county jail for a period not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
(b) Any individual who reports, or causes any report to be made,
to any city, county, city and county, or state department, district,
agency, division, commission, or board, that an "emergency" exists,
and who knows that the report is false, and who knows or should know
that the response to the report is likely to cause death or great
bodily injury, and great bodily injury or death is sustained by any
person as a result of the false report, is guilty of a felony and
upon conviction thereof shall be punishable by imprisonment in the
state prison, or by a fine of not more than ten thousand dollars
($10,000), or by both that imprisonment and fine.
(c) "Emergency" as used in this section means any condition that
results in, or could result in, the response of a public official in
an authorized emergency vehicle, aircraft, or vessel, any condition
that jeopardizes or could jeopardize public safety and results in, or
could result in, the evacuation of any area, building, structure,
vehicle, or of any other place that any individual may enter, or any
situation that results in or could result in activation of the
Emergency Alert System pursuant to Section 8594 of the Government
Code. An activation or possible activation of the Emergency Alert
System pursuant to Section 8594 of the Government Code shall not
constitute an "emergency" for purposes of this section if it occurs
as the result of a report made or caused to be made by a parent,
guardian, or lawful custodian of a child that is based on a good
faith belief that the child is missing.



148.4. (a) Any person who does any of the following is guilty of a
misdemeanor and upon conviction is punishable by imprisonment in a
county jail, not exceeding one year, or by a fine, not exceeding one
thousand dollars ($1,000), or by both that fine and imprisonment:
(1) Willfully and maliciously tampers with, molests, injures, or
breaks any fire protection equipment, fire protection installation,
fire alarm apparatus, wire, or signal.
(2) Willfully and maliciously sends, gives, transmits, or sounds
any false alarm of fire, by means of any fire alarm system or signal
or by any other means or methods.
(b) Any person who willfully and maliciously sends, gives,
transmits, or sounds any false alarm of fire, by means of any fire
alarm system or signal, or by any other means or methods, is guilty
of a felony and upon conviction is punishable by imprisonment in the
state prison or by a fine of not less than five hundred dollars
($500) nor more than ten thousand dollars ($10,000), or by both that
fine and imprisonment, if any person sustains as a result thereof,
any of the following:
(1) Great bodily injury.
(2) Death.



148.5. (a) Every person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the
Attorney General, or a deputy attorney general, or a district
attorney, or a deputy district attorney that a felony or misdemeanor
has been committed, knowing the report to be false, is guilty of a
misdemeanor.
(b) Every person who reports to any other peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, that a felony or misdemeanor has been committed, knowing the
report to be false, is guilty of a misdemeanor if (1) the false
information is given while the peace officer is engaged in the
performance of his or her duties as a peace officer and (2) the
person providing the false information knows or should have known
that the person receiving the information is a peace officer.
(c) Except as provided in subdivisions (a) and (b), every person
who reports to any employee who is assigned to accept reports from
citizens, either directly or by telephone, and who is employed by a
state or local agency which is designated in Section 830.1, 830.2,
subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33,
830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or
misdemeanor has been committed, knowing the report to be false, is
guilty of a misdemeanor if (1) the false information is given while
the employee is engaged in the performance of his or her duties as an
agency employee and (2) the person providing the false information
knows or should have known that the person receiving the information
is an agency employee engaged in the performance of the duties
described in this subdivision.
(d) Every person who makes a report to a grand jury that a felony
or misdemeanor has been committed, knowing the report to be false, is
guilty of a misdemeanor. This subdivision shall not be construed as
prohibiting or precluding a charge of perjury or contempt for any
report made under oath in an investigation or proceeding before a
grand jury.
(e) This section does not apply to reports made by persons who are
required by statute to report known or suspected instances of child
abuse, dependent adult abuse, or elder abuse.



148.6. (a) (1) Every person who files any allegation of misconduct
against any peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, knowing the allegation to be
false, is guilty of a misdemeanor.
(2) Any law enforcement agency accepting an allegation of
misconduct against a peace officer shall require the complainant to
read and sign the following advisory, all in boldface type:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR
ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO
HAVE A PROCEDURE TO INVESTIGATE CITIZENS' COMPLAINTS. YOU HAVE A
RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY
FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT
ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE
RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE
AN OFFICER BEHAVED IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR
FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR
AT LEAST FIVE YEARS.
IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE.
IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE,
YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.



I have read and understood the above statement.

______________________________________________
Complainant

(3) The advisory shall be available in multiple languages.
(b) Every person who files a civil claim against a peace officer
or a lien against his or her property, knowing the claim or lien to
be false and with the intent to harass or dissuade the officer from
carrying out his or her official duties, is guilty of a misdemeanor.
This section applies only to claims pertaining to actions that arise
in the course and scope of the peace officer's duties.




148.7. Every person who, for the purpose of serving in any county
or city jail, industrial farm or road camp, or other local
correctional institution any part or all of the sentence of another
person, or any part or all of a term of confinement that is required
to be served by another person as a condition of probation,
represents to any public officer or employee that he is such other
person, is guilty of a misdemeanor.



148.9. (a) Any person who falsely represents or identifies himself
or herself as another person or as a fictitious person to any peace
officer listed in Section 830.1 or 830.2, or subdivision (a) of
Section 830.33, upon a lawful detention or arrest of the person,
either to evade the process of the court, or to evade the proper
identification of the person by the investigating officer is guilty
of a misdemeanor.
(b) Any person who falsely represents or identifies himself or
herself as another person or as a fictitious person to any other
peace officer defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, upon lawful detention or arrest of the person,
either to evade the process of the court, or to evade the proper
identification of the person by the arresting officer is guilty of a
misdemeanor if (1) the false information is given while the peace
officer is engaged in the performance of his or her duties as a peace
officer and (2) the person providing the false information knows or
should have known that the person receiving the information is a
peace officer.


148.10. (a) Every person who willfully resists a peace officer in
the discharge or attempt to discharge any duty of his or her office
or employment and whose willful resistance proximately causes death
or serious bodily injury to a peace officer shall be punished by
imprisonment in the state prison for two, three, or four years, or by
a fine of not less than one thousand dollars ($1,000) or more than
ten thousand dollars ($10,000), or by both that fine and
imprisonment, or by imprisonment in a county jail for not more than
one year, or by a fine of not more than one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) For purposes of subdivision (a), the following facts shall be
found by the trier of fact:
(1) That the peace officer's action was reasonable based on the
facts or circumstances confronting the officer at the time.
(2) That the detention and arrest was lawful and there existed
probable cause or reasonable cause to detain.
(3) That the person who willfully resisted any peace officer knew
or reasonably should have known that the other person was a peace
officer engaged in the performance of his or her duties.
(c) This section does not apply to conduct that occurs during
labor picketing, demonstrations, or disturbing the peace.
(d) For purposes of this section, "serious bodily injury" is
defined in paragraph (4) of subdivision (f) of Section 243.



149. Every public officer who, under color of authority, without
lawful necessity, assaults or beats any person, is punishable by a
fine not exceeding ten thousand dollars ($10,000), or by imprisonment
in the state prison, or in a county jail not exceeding one year, or
by both such fine and imprisonment.


150. Every able-bodied person above 18 years of age who neglects or
refuses to join the posse comitatus or power of the county, by
neglecting or refusing to aid and assist in taking or arresting any
person against whom there may be issued any process, or by neglecting
to aid and assist in retaking any person who, after being arrested
or confined, may have escaped from arrest or imprisonment, or by
neglecting or refusing to aid and assist in preventing any breach of
the peace, or the commission of any criminal offense, being thereto
lawfully required by any uniformed peace officer, or by any peace
officer described in Section 830.1, subdivision (a), (b), (c), (d),
(e), or (f) of Section 830.2, or subdivision (a) of Section 830.33,
who identifies himself or herself with a badge or identification card
issued by the officer's employing agency, or by any judge, is
punishable by a fine of not less than fifty dollars ($50) nor more
than one thousand dollars ($1,000).



151. (a) Any person who advocates the willful and unlawful killing
or injuring of a peace officer, with the specific intent to cause the
willful and unlawful killing or injuring of a peace officer, and
such advocacy is done at a time, place, and under circumstances in
which the advocacy is likely to cause the imminent willful and
unlawful killing or injuring of a peace officer is guilty of (1) a
misdemeanor if such advocacy does not cause the unlawful and willful
killing or injuring of a peace officer, or (2) a felony if such
advocacy causes the unlawful and willful killing or injuring of a
peace officer.
(b) As used in this section, "advocacy" means the direct
incitement of others to cause the imminent willful and unlawful
killing or injuring of a peace officer, and not the mere abstract
teaching of a doctrine.



152. (a) Every person who, having knowledge of an accidental death,
actively conceals or attempts to conceal that death, shall be guilty
of a misdemeanor punishable by imprisonment in a county jail for not
more than one year, or by a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or by
both that fine and imprisonment.
(b) For purposes of this section, "to actively conceal an
accidental death" means any of the following:
(1) To perform an overt act that conceals the body or directly
impedes the ability of authorities or family members to discover the
body.
(2) To directly destroy or suppress evidence of the actual
physical body of the deceased, including, but not limited to, bodily
fluids or tissues.
(3) To destroy or suppress the actual physical instrumentality of
death.


152.3. (a) Any person who reasonably believes that he or she has
observed the commission of any of the following offenses where the
victim is a child under the age of 14 years shall notify a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2:
(1) Murder.
(2) Rape.
(3) A violation of paragraph (1) of subdivision (b) of Section 288
of the Penal Code.
(b) This section shall not be construed to affect privileged
relationships as provided by law.
(c) The duty to notify a peace officer imposed pursuant to
subdivision (a) is satisfied if the notification or an attempt to
provide notice is made by telephone or any other means.
(d) Failure to notify as required pursuant to subdivision (a) is a
misdemeanor and is punishable by a fine of not more than one
thousand five hundred dollars ($1,500), by imprisonment in a county
jail for not more than six months, or by both that fine and
imprisonment.
(e) The requirements of this section shall not apply to the
following:
(1) A person who is related to either the victim or the offender,
including a husband, wife, parent, child, brother, sister,
grandparent, grandchild, or other person related by consanguinity or
affinity.
(2) A person who fails to report based on a reasonable mistake of
fact.
(3) A person who fails to report based on a reasonable fear for
his or her own safety or for the safety of his or her family.




153. Every person who, having knowledge of the actual commission of
a crime, takes money or property of another, or any gratuity or
reward, or any engagement, or promise thereof, upon any agreement or
understanding to compound or conceal such crime, or to abstain from
any prosecution thereof, or to withhold any evidence thereof, except
in the cases provided for by law, in which crimes may be compromised
by leave of court, is punishable as follows:
1. By imprisonment in the state prison, or in a county jail not
exceeding one year, where the crime was punishable by death or
imprisonment in the state prison for life;
2. By imprisonment in the state prison, or in the county jail not
exceeding six months, where the crime was punishable by imprisonment
in the state prison for any other term than for life;
3. By imprisonment in the county jail not exceeding six months, or
by fine not exceeding one thousand dollars ($1,000), where the crime
was a misdemeanor.



154. (a) Every debtor who fraudulently removes his or her property
or effects out of this state, or who fraudulently sells, conveys,
assigns or conceals his or her property with intent to defraud,
hinder or delay his or her creditors of their rights, claims, or
demands, is punishable by imprisonment in the county jail not
exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Where the property so removed, sold, conveyed, assigned, or
concealed consists of a stock in trade, or a part thereof, of a value
exceeding one hundred dollars ($100), the offense shall be a felony
and punishable as such.



155. (a) Every person against whom an action is pending, or against
whom a judgment has been rendered for the recovery of any personal
property, who fraudulently conceals, sells, or disposes of that
property, with intent to hinder, delay, or defraud the person
bringing the action or recovering the judgment, or with such intent
removes that property beyond the limits of the county in which it may
be at the time of the commencement of the action or the rendering of
the judgment, is punishable by imprisonment in a county jail not
exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Where the property so concealed, sold, disposed of, or removed
consists of a stock in trade, or a part thereof, of a value
exceeding one hundred dollars ($100), the offenses shall be a felony
and punishable as such.


155.5. (a) Any defendant who is ordered to pay any fine or
restitution in connection with the commission of a misdemeanor and
who, after the plea or judgment and prior to sentencing, or during
the period that a restitution fine or order remains unsatisfied and
enforceable, sells, conveys, assigns, or conceals his or her property
with the intent to lessen or impair his or her financial ability to
pay in full any fine or restitution which he or she may lawfully be
ordered to pay, or to avoid forfeiture of assets pursuant to the
California Control of Profits of Organized Crime Act (Chapter 9
(commencing with Section 186) of this title), is guilty of a
misdemeanor.
(b) Any defendant who is ordered to pay any fine or restitution in
connection with the commission of a felony and who, after the plea
or judgment and prior to sentencing for the same felony offense, or
during the period that a restitution order remains unsatisfied and
enforceable, sells, conveys, assigns, or conceals his or her property
with the intent to lessen or impair his or her financial ability to
pay in full any fine or restitution which he or she may lawfully be
ordered to pay or to avoid forfeiture of assets derived from either
criminal profiteering pursuant to Chapter 9 (commencing with Section
186) of this title or trafficking in controlled substances pursuant
to Chapter 8 (commencing with Section 11470) of Division 10 of the
Health and Safety Code, is guilty of a felony.



156. Every person who fraudulently produces an infant, falsely
pretending it to have been born of any parent whose child would be
entitled to inherit any real estate or to receive a share of any
personal estate, with intent to intercept the inheritance of any such
real estate, or the distribution of any such personal estate from
any person lawfully entitled thereto, is punishable by imprisonment
in the state prison for two, three or four years.



157. Every person to whom an infant has been confided for nursing,
education, or any other purpose, who, with intent to deceive any
parent or guardian of such child, substitutes or produces to such
parent or guardian another child in the place of the one so confided,
is punishable by imprisonment in the state prison for two, three or
four years.



158. Common barratry is the practice of exciting groundless
judicial proceedings, and is punishable by imprisonment in the county
jail not exceeding six months and by fine not exceeding one thousand
dollars ($1,000).


159. No person can be convicted of common barratry except upon
proof that he has excited suits or proceedings at law in at least
three instances, and with a corrupt or malicious intent to vex and
annoy.


160. (a) No bail licensee may employ, engage, solicit, pay, or
promise any payment, compensation, consideration or thing of value to
any person incarcerated in any prison, jail, or other place of
detention for the purpose of that person soliciting bail on behalf of
the licensee. A violation of this section is a misdemeanor.
(b) Nothing in this section shall prohibit prosecution under
Section 1800 or 1814 of the Insurance Code, or any other applicable
provision of law.



165. Every person who gives or offers a bribe to any member of any
common council, board of supervisors, or board of trustees of any
county, city and county, city, or public corporation, with intent to
corruptly influence such member in his action on any matter or
subject pending before, or which is afterward to be considered by,
the body of which he is a member, and every member of any of the
bodies mentioned in this section who receives, or offers or agrees to
receive any bribe upon any understanding that his official vote,
opinion, judgment, or action shall be influenced thereby, or shall be
given in any particular manner or upon any particular side of any
question or matter, upon which he may be required to act in his
official capacity, is punishable by imprisonment in the state prison
for two, three or four years, and upon conviction thereof shall, in
addition to said punishment, forfeit his office, and forever be
disfranchised and disqualified from holding any public office or
trust.


166. (a) Except as provided in subdivisions (b), (c), and (d),
every person guilty of any contempt of court, of any of the following
kinds, is guilty of a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed
during the sitting of any court of justice, in the immediate view and
presence of the court, and directly tending to interrupt its
proceedings or to impair the respect due to its authority.
(2) Behavior as specified in paragraph (1) committed in the
presence of any referee, while actually engaged in any trial or
hearing, pursuant to the order of any court, or in the presence of
any jury while actually sitting for the trial of a cause, or upon any
inquest or other proceedings authorized by law.
(3) Any breach of the peace, noise, or other disturbance directly
tending to interrupt the proceedings of any court.
(4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by any
court, including orders pending trial.
(5) Resistance willfully offered by any person to the lawful order
or process of any court.
(6) The contumacious and unlawful refusal of any person to be
sworn as a witness; or, when so sworn, the like refusal to answer any
material question.
(7) The publication of a false or grossly inaccurate report of the
proceedings of any court.
(8) Presenting to any court having power to pass sentence upon any
prisoner under conviction, or to any member of the court, any
affidavit or testimony or representation of any kind, verbal or
written, in aggravation or mitigation of the punishment to be imposed
upon the prisoner, except as provided in this code.
(b) (1) Any person who is guilty of contempt of court under
paragraph (4) of subdivision (a) by willfully contacting a victim by
phone or mail, or directly, and who has been previously convicted of
a violation of Section 646.9 shall be punished by imprisonment in a
county jail for not more than one year, by a fine of five thousand
dollars ($5,000), or by both that fine and imprisonment.
(2) For the purposes of sentencing under this subdivision, each
contact shall constitute a separate violation of this subdivision.
(3) The present incarceration of a person who makes contact with a
victim in violation of paragraph (1) is not a defense to a violation
of this subdivision.
(c) (1) Notwithstanding paragraph (4) of subdivision (a), any
willful and knowing violation of any protective order or stay away
court order issued pursuant to Section 136.2, in a pending criminal
proceeding involving domestic violence, as defined in Section 13700,
or issued as a condition of probation after a conviction in a
criminal proceeding involving domestic violence, as defined in
Section 13700, or that is an order described in paragraph (3), shall
constitute contempt of court, a misdemeanor, punishable by
imprisonment in a county jail for not more than one year, by a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
(2) If a violation of paragraph (1) results in a physical injury,
the person shall be imprisoned in a county jail for at least 48
hours, whether a fine or imprisonment is imposed, or the sentence is
suspended.
(3) Paragraphs (1) and (2) apply to the following court orders:
(A) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
(B) An order excluding one party from the family dwelling or from
the dwelling of the other.
(C) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the orders described in
paragraph (1).
(4) A second or subsequent conviction for a violation of any order
described in paragraph (1) occurring within seven years of a prior
conviction for a violation of any of those orders and involving an
act of violence or "a credible threat" of violence, as provided in
subdivisions (c) and (d) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison for 16 months or two or three years.
(5) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of the orders described in
paragraph (1).
(d) (1) A person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Sections 527.6 or 527.8 of
the Code of Civil Procedure, shall be punished under the provisions
of subdivision (g) of Section 12021.
(2) A person subject to a protective order described in paragraph
(1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (h) of
Section 6389 of the Family Code.
(e) (1) If probation is granted upon conviction of a violation of
subdivision (c), the court shall impose probation consistent with the
provisions of Section 1203.097 of the Penal Code.
(2) If probation is granted upon conviction of a violation of
subdivision (c), the conditions of probation may include, in lieu of
a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of one thousand dollars ($1,000).
(B) That the defendant provide restitution to reimburse the victim
for reasonable costs of counseling and other reasonable expenses
that the court finds are the direct result of the defendant's
offense.
(3) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under this
subdivision or subdivision (c), the court shall make a determination
of the defendant's ability to pay. In no event shall any order to
make payments to a battered women's shelter be made if it would
impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support.
(4) If the injury to a married person is caused in whole or in
part by the criminal acts of his or her spouse in violation of
subdivision (c), the community property may not be used to discharge
the liability of the offending spouse for restitution to the injured
spouse required by Section 1203.04, as operative on or before August
2, 1995, or Section 1202.4, or to a shelter for costs with regard to
the injured spouse and dependents required by this subdivision, until
all separate property of the offending spouse is exhausted.
(5) Any person violating any order described in subdivision (c)
may be punished for any substantive offenses described under Section
136.1 or 646.9. No finding of contempt shall be a bar to prosecution
for a violation of Section 136.1 or 646.9. However, any person held
in contempt for a violation of subdivision (c) shall be entitled to
credit for any punishment imposed as a result of that violation
against any sentence imposed upon conviction of an offense described
in Section 136.1 or 646.9. Any conviction or acquittal for any
substantive offense under Section 136.1 or 646.9 shall be a bar to a
subsequent punishment for contempt arising out of the same act.



166.5. (a) After arrest and before plea or trial or after
conviction or plea of guilty and before sentence under paragraph (4)
of subdivision (a) of Section 166, for willful disobedience of any
order for child, spousal, or family support issued pursuant to
Division 9 (commencing with Section 3500) of the Family Code or
Section 11475.1 of the Welfare and Institutions Code, the court may
suspend proceedings or sentence therein if:
(1) The defendant appears before the court and affirms his or her
obligation to pay to the person having custody of the child, or the
spouse, that sum per month as shall have been previously fixed by the
court in order to provide for the minor child or the spouse.
(2) The defendant provides a bond or other undertaking with
sufficient sureties to the people of the State of California in a sum
as the court may fix to secure the defendant's performance of his or
her support obligations and that bond or undertaking is valid and
binding for two years, or any lesser time that the court shall fix.
(b) Upon the failure of the defendant to comply with the
conditions imposed by the court in subdivision (a), the defendant may
be ordered to appear before the court and show cause why further
proceedings should not be had in the action or why sentence should
not be imposed, whereupon the court may proceed with the action, or
pass sentence, or for good cause shown may modify the order and take
a new bond or undertaking and further suspend proceedings or sentence
for a like period.



166.5. (a) After arrest and before plea or trial or after
conviction or plea of guilty and before sentence under paragraph (4)
of subdivision (a) of Section 166, for willful disobedience of any
order for child, spousal, or family support issued pursuant to
Division 9 (commencing with Section 3500) of the Family Code or
Section 17400 of the Family Code, the court may suspend proceedings
or sentence therein if:
(1) The defendant appears before the court and affirms his or her
obligation to pay to the person having custody of the child, or the
spouse, that sum per month as shall have been previously fixed by the
court in order to provide for the minor child or the spouse.
(2) The defendant provides a bond or other undertaking with
sufficient sureties to the people of the State of California in a sum
as the court may fix to secure the defendant's performance of his or
her support obligations and that bond or undertaking is valid and
binding for two years, or any lesser time that the court shall fix.
(b) Upon the failure of the defendant to comply with the
conditions imposed by the court in subdivision (a), the defendant may
be ordered to appear before the court and show cause why further
proceedings should not be had in the action or why sentence should
not be imposed, whereupon the court may proceed with the action, or
pass sentence, or for good cause shown may modify the order and take
a new bond or undertaking and further suspend proceedings or sentence
for a like period.


167. Every person who, by any means whatsoever, willfully and
knowingly, and without knowledge and consent of the jury, records, or
attempts to record, all or part of the proceedings of any trial jury
while it is deliberating or voting, or listens to or observes, or
attempts to listen to or observe, the proceedings of any trial jury
of which he is not a member while such jury is deliberating or voting
is guilty of a misdemeanor.
This section is not intended to prohibit the taking of notes by a
trial juror in connection with and solely for the purpose of
assisting him in the performance of his duties as such juror.



168. (a) Every district attorney, clerk, judge, or peace officer
who, except by issuing or in executing a search warrant or warrant of
arrest for a felony, willfully discloses the fact of the warrant
prior to execution for the purpose of preventing the search or
seizure of property or the arrest of any person shall be punished by
imprisonment in the state prison or in a county jail for not
exceeding one year.
(b) This section shall not prohibit the following:
(1) A disclosure made by a district attorney or the Attorney
General for the sole purpose of securing voluntary compliance with
the warrant.
(2) Upon the return of an indictment and the issuance of an arrest
warrant, a disclosure of the existence of the indictment and arrest
warrant by a district attorney or the Attorney General to assist in
the apprehension of a defendant.
(3) The disclosure of an arrest warrant pursuant to paragraph (1)
of subdivision (a) of Section 14201.6.



169. Any person who pickets or parades in or near a building which
houses a court of this state with the intent to interfere with,
obstruct, or impede the administration of justice or with the intent
to influence any judge, juror, witness, or officer of the court in
the discharge of his duty is guilty of a misdemeanor.




170. Every person who maliciously and without probable cause
procures a search warrant or warrant of arrest to be issued and
executed, is guilty of a misdemeanor.



171. Every person, not authorized by law, who, without the
permission of the officer in charge of any reformatory in this State,
communicates with any person detained therein, or brings therein or
takes therefrom any letter, writing, literature, or reading matter to
or from any person confined therein, is guilty of a misdemeanor.




171b. (a) Any person who brings or possesses within any state or
local public building or at any meeting required to be open to the
public pursuant to Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of, or Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the
Government Code, any of the following is guilty of a public offense
punishable by imprisonment in a county jail for not more than one
year, or in the state prison:
(1) Any firearm.
(2) Any deadly weapon described in Section 653k or 12020.
(3) Any knife with a blade length in excess of four inches, the
blade of which is fixed or is capable of being fixed in an unguarded
position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any taser or stun gun, as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(b) Subdivision (a) shall not apply to, or affect, any of the
following:
(1) A person who possesses weapons in, or transports weapons into,
a court of law to be used as evidence.
(2) (A) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
subdivision (a) of Section 12027, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer.
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply
to any person who brings or possesses any weapon specified therein
within any courtroom if he or she is a party to an action pending
before the court.
(3) A person holding a valid license to carry the firearm pursuant
to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2
of Part 4.
(4) A person who has permission to possess that weapon granted in
writing by a duly authorized official who is in charge of the
security of the state or local government building.
(5) A person who lawfully resides in, lawfully owns, or is in
lawful possession of, that building with respect to those portions of
the building that are not owned or leased by the state or local
government.
(6) A person licensed or registered in accordance with, and acting
within the course and scope of, Chapter 11.5 (commencing with
Section 7512) or Chapter 11.6 (commencing with Section 7590) of
Division 3 of the Business and Professions Code who has been hired by
the owner or manager of the building if the person has permission
pursuant to paragraph (5).
(7) (A) A person who, for the purpose of sale or trade, brings any
weapon that may otherwise be lawfully transferred, into a gun show
conducted pursuant to Sections 12071.1 and 12071.4.
(B) A person who, for purposes of an authorized public exhibition,
brings any weapon that may otherwise be lawfully possessed, into a
gun show conducted pursuant to Sections 12071.1 and 12071.4.
(c) As used in this section, "state or local public building"
means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the
state or local government, if state or local public employees are
regularly present for the purposes of performing their official
duties. A state or local public building includes, but is not
limited to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is
referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this
code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be
used, by state or local employees as a place of residence.



171c. Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California,
any person summoned by any such officer to assist in making arrests
or preserving the peace while he is actually engaged in assisting
such officer, a member of the military forces of this state or the
United States engaged in the performance of his duties, or a person
holding a valid license to carry the firearm pursuant to Article 3
(commencing with Section 12050) of Chapter 1 of Title 2 of Part 4,
who brings a loaded firearm into, or possesses a loaded firearm
within, the State Capitol, any legislative office, any office of the
Governor or other constitutional officer, or any hearing room in
which any committee of the Senate or Assembly is conducting a
hearing, or upon the grounds of the State Capitol, which is bounded
by 10th, L, 15th, and N Streets in the City of Sacramento, shall be
punished by imprisonment in the county jail for a period of not more
than one year, a fine of not more than one thousand dollars ($1,000),
or both such imprisonment and fine, or by imprisonment in the state
prison.



171d. Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California,
any person summoned by that officer to assist in making arrests or
preserving the peace while he or she is actually engaged in assisting
the officer, a member of the military forces of this state or of the
United States engaged in the performance of his or her duties, a
person holding a valid license to carry the firearm pursuant to
Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of
Part 4, the Governor or a member of his or her immediate family or a
person acting with his or her permission with respect to the Governor'
s Mansion or any other residence of the Governor, any other
constitutional officer or a member of his or her immediate family or
a person acting with his or her permission with respect to the
officer's residence, or a Member of the Legislature or a member of
his or her immediate family or a person acting with his or her
permission with respect to the Member's residence, shall be punished
by imprisonment in a county jail for not more than one year, by fine
of not more than one thousand dollars ($1,000), or by both the fine
and imprisonment, or by imprisonment in the state prison, if he or
she does any of the following:
(a) Brings a loaded firearm into, or possesses a loaded firearm
within, the Governor's Mansion, or any other residence of the
Governor, the residence of any other constitutional officer, or the
residence of any Member of the Legislature.
(b) Brings a loaded firearm upon, or possesses a loaded firearm
upon, the grounds of the Governor's Mansion or any other residence of
the Governor, the residence of any other constitutional officer, or
the residence of any Member of the Legislature.



171e. A firearm shall be deemed loaded for the purposes of Sections
171c and 171d whenever both the firearm and unexpended ammunition
capable of being discharged from such firearm are in the immediate
possession of the same person.
In order to determine whether or not a firearm is loaded for the
purpose of enforcing Section 171c or 171d, peace officers are
authorized to examine any firearm carried by anyone on his person or
in a vehicle while in any place or on the grounds of any place in or
on which the possession of a loaded firearm is prohibited by Section
171c or 171d. Refusal to allow a peace officer to inspect a firearm
pursuant to the provisions of this section constitutes probable cause
for arrest for violation of Section 171c or 171d.



171f. No person or group of persons shall willfully and knowingly:

1. Enter or remain within or upon any part of the chamber of
either house of the Legislature unless authorized, pursuant to rules
adopted or permission granted by either such house, to enter or
remain within or upon a part of the chamber of either such house;
2. Engage in any conduct within the State Capitol which disrupts
the orderly conduct of official business.
A violation of this section is a misdemeanor.
As used in this section, "State Capitol" means the building which
is intended primarily for use of the legislative department and
situated in the area bounded by 10th, L, 15th, and N Streets in the
City of Sacramento.
Nothing in this section shall forbid any act of any Member of the
Legislature, or any employee of a Member of the Legislature, any
officer or employee of the Legislature or any committee or
subcommittee thereof, or any officer or employee of either house of
the Legislature or any committee or subcommittee thereof, which is
performed in the lawful discharge of his official duties.



171.5. (a) For purposes of this section:
(1) "Airport" means an airport, with a secured area, that
regularly serves an air carrier holding a certificate issued by the
United States Secretary of Transportation.
(2) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations.
(3) "Sterile area" means a portion of an airport defined in the
airport security program to which access generally is controlled
through the screening of persons and property, as specified in
Section 1540.5 of Title 49 of the Code of Federal Regulations, or a
portion of any passenger vessel terminal to which, pursuant to the
requirements set forth in Sections 105.255(a)(1), 105.255(c)(1), and
105.260(a) of Title 33 of the Code of Federal Regulations, access is
generally controlled in a manner consistent with the passenger vessel
terminal's security plan and the MARSEC level in effect at the time.

(b) It is unlawful for any person to knowingly possess, within any
sterile area of an airport or a passenger vessel terminal, any of
the items listed in subdivision (c).
(c) The following items are unlawful to possess as provided in
subdivision (b):
(1) Any firearm.
(2) Any knife with a blade length in excess of four inches, the
blade of which is fixed, or is capable of being fixed, in an
unguarded position by the use of one or two hands.
(3) Any box cutter or straight razor.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any imitation firearm as defined in Section 417.4.
(8) Any frame, receiver, barrel, or magazine of a firearm.
(9) Any unauthorized tear gas weapon.
(10) Any taser or stun gun, as defined in Section 244.5.
(11) Any instrument that expels a metallic projectile, such as a
BB or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(12) Any ammunition as defined in Section 12316.
(d) Subdivision (b) shall not apply to, or affect, any of the
following:
(1) A duly appointed peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
subdivision (a) of Section 12027, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer.
(2) A person who has authorization to possess a weapon specified
in subdivision (c), granted in writing by an airport security
coordinator who is designated as specified in Section 1542.3 of Title
49 of the Code of Federal Regulations, and who is responsible for
the security of the airport.
(3) A person, including an employee of a licensed contract guard
service, who has authorization to possess a weapon specified in
subdivision (c) granted in writing by a person discharging the duties
of Facility Security Officer or Company Security Officer pursuant to
an approved United States Coast Guard facility security plan, and
who is responsible for the security of the passenger vessel terminal.

(e) A violation of this section is punishable by imprisonment in a
county jail for a period not exceeding six months, or by a fine not
exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(f) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission that is punishable in different ways by
this and any other provision of law shall not be punished under more
than one provision.
(g) Nothing in this section is intended to affect existing state
or federal law regarding the transportation of firearms on airplanes
in checked luggage, or the possession of the items listed in
subdivision (c) in areas that are not "sterile areas."



172. (a) Every person who, within one-half mile of the land
belonging to this state upon which any state prison, or within 1,900
feet of the land belonging to this state upon which any Youth
Authority institution is situated, or within one mile of the grounds
belonging to the University of California, at Berkeley, or within one
mile of the grounds belonging to the University of California at
Santa Barbara, as such grounds existed as of January 1, 1961, or
within one mile of the grounds belonging to Fresno State College, as
such grounds existed as of January 1, 1959, or within three miles of
the University Farm at Davis, or within 11/2 miles of any building
actually occupied as a home, retreat, or asylum for ex-soldiers,
sailors, and marines of the Army and Navy of the United States,
established or to be established by this state, or by the United
States within this state, or within the State Capitol, or within the
limits of the grounds adjacent and belonging thereto, sells or
exposes for sale, any intoxicating liquor, is guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine
of not less than one hundred dollars ($100), or by imprisonment for
not less than 50 days or by both such fine and imprisonment, in the
discretion of the court.
(b) The provision of subdivision (a) of this section prohibiting
the sale or exposure for sale of any intoxicating liquor within 1,900
feet of the land belonging to this state upon which any Youth
Authority institution is situated shall not apply with respect to the
Fred C. Nelles School for Boys.
(c) Except within the State Capitol or the limits of the grounds
adjacent and belonging thereto, as mentioned in subdivision (a) of
this section, the provisions of this section shall not apply to the
sale or exposing or offering for sale of ale, porter, wine, similar
fermented malt or vinous liquor or fruit juice containing one-half of
1 percent or more of alcohol by volume and not more than 3.2 percent
of alcohol by weight nor the sale or exposing or offering for sale
of beer.
(d) Distances provided in this section shall be measured not by
airline but by following the shortest highway or highways as defined
in Section 360 of the Vehicle Code connecting the points in question.
In measuring distances from the Folsom State Prison and the eastern
facilities of the California Institution for Men at Chino and Youth
Training School, the measurement shall start at the entrance gate.
(e) The provision of subdivision (a) of this section prohibiting
the sale or exposure for sale of any intoxicating liquor within 11/2
miles of any building actually occupied as a home, retreat, or asylum
for ex-soldiers, sailors, and marines of the Army and Navy of the
United States shall not apply to the Veterans' Home at Yountville,
Napa County, California.



172a. Every person who, within one and one-half miles of the
university grounds or campus, upon which are located the principal
administrative offices of any university having an enrollment of more
than 1,000 students, more than 500 of whom reside or lodge upon such
university grounds or campus, sells or exposes for sale, any
intoxicating liquor, is guilty of a misdemeanor; provided, however,
that the provisions of this section shall not apply to nor prohibit
the sale of any of said liquors by any regularly licensed pharmacist
who shall maintain a fixed place of business in said territory, upon
the written prescription of a physician regularly licensed to
practice medicine under the laws of the State of California when such
prescription is dated by the physician issuing it, contains the name
of the person for whom the prescription is written, and is filled
for such person only and within 48 hours of its date; provided
further, that the provisions of this section shall not apply to nor
prohibit the sale of any of said liquors for chemical or mechanical
purposes; provided further, that the provisions of this section shall
not apply to nor prohibit the sale or exposing or offering for sale
of ale, porter, wine, similar fermented malt, or vinous liquor or
fruit juice containing one-half of 1 percent or more of alcohol by
volume and not more than 3.2 percent of alcohol by weight nor the
sale or exposing or offering for sale of beer.
In measuring distances from the university grounds or campus of
any such university, such distances shall not be measured by airline
but by following the shortest road or roads connecting the points in
question. With respect to Leland Stanford Junior University
measurements from the university grounds or campus shall be by
airline measurement.
Any license issued and in effect in the City and County of San
Francisco on the effective date of the amendment of this section
enacted at the 1961 Regular Session of the Legislature may be
transferred to any location in the City and County of San Francisco.



172b. 1. Every person who, within one and one-half miles of the
boundaries of the grounds belonging to the University of California
at Los Angeles on which the principal administrative offices of the
university are located, as such boundaries were established as of
July 1, 1959, sells or exposes for sale any intoxicating liquor, is
guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than one hundred dollars ($100), or by
imprisonment for not less than 50 days, or by both such fine and
imprisonment, in the discretion of the court.
2. The provisions of this section shall not apply to the sale or
exposing or offering for sale of ale, porter, wine, similar fermented
malt or vinous liquor or fruit juice containing one-half of 1
percent or more of alcohol by volume and not more than 3.2 percent of
alcohol by weight nor the sale or exposing or offering for sale of
beer.
3. Distances provided in this section shall be measured not by
airline but by following the shortest road or roads connecting the
points in question.



172c. Section 172a shall not apply to the sale at auction of
alcoholic beverages by a nonprofit organization at the California
Science Center premises located at Exposition Park, Los Angeles,
California.


172d. 1. Every person who, within one mile of that portion of the
grounds at Riverside (hereinafter described) belonging to the
University of California, that will be used by the College of Letters
and Sciences, sells, or exposes for sale, any intoxicating liquor,
is guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than one hundred dollars ($100), or by
imprisonment for not less than 50 days or by both such fine and
imprisonment in the discretion of the court.
2. The provisions of this section shall not apply to the sale or
exposing or offering for sale of ale, porter, wine, similar fermented
malt or vinous liquor or fruit juice containing one-half of 1
percent or more of alcohol by volume and not more than 3.2 percent of
alcohol by weight nor the sale or exposing or offering for sale of
beer.
3. Distances provided in this section shall be measured not by air
line but by following the shortest vehicular road or roads
connecting the points in question.
4. The portion of the grounds of the University of California
referred to in paragraph 1 are situated in the County of Riverside
and more particularly described as follows: beginning at the
intersection of Canyon Crest Drive and U.S. Highway 60, thence
southeasterly along said highway to a point opposite the intersection
of said U.S. Highway 60 and Pennsylvania Avenue, thence
northeasterly following centerline of present drive into University
campus, thence continuing north along said centerline of drive on
west side of Citrus Experiment Station buildings to a point
intersecting the present east-west road running east from
intersection of Canyon Crest Drive and U.S. Highway 60, thence east
500 feet more or less, thence north 1,300 feet more or less, thence
east to intersection of east boundary of the Regents of the
University of California property (Valencia Hill Drive), thence north
along said east boundary to the north boundary of the Regents of the
University of California property (Linden Street), thence west along
said north boundary to the west boundary of the Regents of the
University of California property (Canyon Crest Drive) thence south
along said west boundary to the point of beginning.




172e. The provisions of Sections 172, 172a, 172b, 172d, and 172g of
this code shall not apply to the sale or the exposing or offering
for sale of alcoholic beverages by an on-sale licensee under the
Alcoholic Beverage Control Act within premises licensed as a bona
fide public eating place as provided in the Constitution and as
defined in the Alcoholic Beverage Control Act (commencing at Section
23000, Business and Professions Code), or within premises licensed as
a club as defined in Articles 4 and 5 of Chapter 3 of the Alcoholic
Beverage Control Act, provided that such club shall have been in
existence for not less than 5 years, have a membership of 300 or
more, and serves meals daily to its members, or by the holder of a
caterer's permit under the provisions of Section 23399 of the
Business and Professions Code in connection with the serving of bona
fide meals as defined in Section 23038 of the Business and
Professions Code, and the provisions of such sections shall not be
construed so as to preclude the Department of Alcoholic Beverage
Control from issuing licenses for bona fide public eating places
within the areas prescribed by the sections. The provisions of this
section shall not permit the issuance of licenses to fraternities,
sororities, or other student organizations.



172f. The provisions of Sections 172, 172a, 172b, 172d, and 172g of
this code shall not apply to the sale or the exposing or offering
for sale of any intoxicating liquor in any premises within the areas
prescribed by said sections for which a license was issued under the
Alcoholic Beverage Control Act (Division 9 (commencing with Section
23000), Business and Professions Code) and is in effect on the
effective date of this section or on the effective date of any
amendment to Section 172g specifying an additional institution, or in
any licensed premises which may become included in such a prescribed
area because of the extension of the boundaries of any of the
institutions mentioned in said sections or because of the increased
enrollment or number of resident students at any of such
institutions.
Any such licenses may be transferred from person to person, and
may be transferred from premises to premises if the premises to which
the license is transferred are not located nearer to the boundaries
of the institution, as they exist on the date of the transfer, than
the premises from which the license is transferred, except that such
license may be transferred once from premises to premises located
nearer by not more than 300 feet to the boundaries of the institution
as they exist on the date of transfer than the premises from which
the license is transferred. If a license is transferred pursuant to
this section from premises to premises located nearer by not more
than 300 feet to the boundaries of the institution as they exist on
the date of the transfer than the premises from which the license is
transferred, such license shall not be thereafter transferred to any
other premises located nearer to the boundaries of the institution as
they exist on the date of the transfer than the premises from which
the license is transferred.



172g. 1. Every person who, within one mile by air line from the
intersection of Sierra Vista, Pierce, and Campus Drive streets at the
entrance to La Sierra College in the City of Riverside, or within
one mile of the grounds or campus of Loma Linda University in the
County of San Bernardino, or within one mile of the grounds of the
University of Santa Clara in the City of Santa Clara, sells, or
exposes for sale, any intoxicating liquor, is guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine
of not less than one hundred dollars ($100), or by imprisonment in
the county jail of not less than 50 days nor more than one year, or
by both such fine and imprisonment in the discretion of the court.
2. The provisions of this section shall not apply to the sale or
exposing or offering for sale of ale, porter, wine, similar fermented
malt or vinous liquor or fruit juice containing one-half of 1
percent or more of alcohol by volume and not more than 3.2 percent of
alcohol by weight nor the sale or exposing or offering for sale of
beer.
3. Distances provided in this section shall be measured not by air
line but by following the shortest road or roads connecting the
points in question except those applying to La Sierra College.



172h. The provisions of Sections 172, 172a, 172b, 172d and 172g of
this code shall not be applied to prohibit the sale or the exposing
or offering for sale of any intoxicating liquor in, or the issuance
of an alcoholic beverage license for, any premises because a
university has contructed and occupied since January 1, 1960, or in
the future constructs, dormitories for its students which has
resulted or results in the premises being prohibited by the foregoing
sections from selling, exposing or offering such liquor for sale
because the premises are or become thereby within the area prescribed
by these sections.


172j. The provisions of Sections 172, 172a, 172b, 172d, and 172g
shall not apply to the sale or exposing for sale of any intoxicating
liquor on the premises of, and by the holder or agent of, a holder of
a retail package off-sale general license or retail package off-sale
beer and wine license issued under the Alcoholic Beverage Control
Act (Division 9 (commencing with Section 23000), Business and
Professions Code).



172l. The provisions of Section 172a shall not apply to the sale or
offering for sale of any intoxicating liquor on the premises of, and
by the holder or agent of a holder of, a retail off-sale license, as
defined in Section 23394 of the Business and Professions Code,
outside one mile of the closest building of the Claremont Colleges to
these premises; nor shall the provisions of Section 172a apply to
the sale or offering for sale of any beer, or wine, or both, on the
premises of, and by the holder or agent of a holder of, a retail
package off-sale beer and wine license, as defined in Section 23393
of the Business and Professions Code, outside 2,000 feet of the
closest building of the Claremont Colleges to these premises.
Distance provided in this section shall be measured not by air
line but by following the shortest road or roads connecting the
points in question.



172m. The provisions of Section 172a shall not apply to the sale or
the exposing or offering for sale of alcoholic beverages at premises
licensed under any type of on-sale license issued pursuant to
Division 9 (commencing with Section 23000) of the Business and
Professions Code, which premises are located off of the grounds or
campus of Leland Stanford Junior University near the City of Palo
Alto.



172n. The provisions of Sections 172a and 172b shall not apply to
the sale or exposing or offering for sale of alcoholic beverages by
any off-sale licensee under the Alcoholic Beverage Control Act
situated more than 2,000 feet of the boundaries of the grounds
belonging to the University of California at Los Angeles on which the
principal administrative offices of the university are located, as
such boundaries were established as of July 1, 1959, provided the
licensee has conducted a retail grocery business and has held an
off-sale beer and wine license at the same location for at least 15
years.
Distances provided in this section shall be measured not by
airline but by following the shortest road or roads connecting the
points in question.



172o. The provisions of Sections 172, 172a, 172b, 172d, and 172g
shall not apply to the sale of wine for consumption off the premises
where sold when the wine is sold at a bona fide public eating place
by the holder of an on-sale general alcoholic beverage license or an
on-sale beer and wine license issued under the Alcoholic Beverage
Control Act (Division 9 (commencing with Section 23000) of the
Business and Professions Code).



172p. The provisions of Section 172a shall not apply to the sale or
exposing or offering for sale of beer or wine by any on-sale
licensee under the Alcoholic Beverage Control Act whose licensed
premises are situated more than 1,200 feet from the boundaries of
Whittier College in the City of Whittier.



172.1. No provision of law shall prevent the possession or use of
wine on any state university, state college or community college
premises solely for use in experimentation in or instruction of
viticulture, enology, domestic science or home economics.




172.3. The provisions of Section 172a shall not apply to the sale
or exposing or offering for sale of any alcoholic beverages on the
premises of, and by the holder or agent of a holder of, any off-sale
license situated within 11/2 miles from the grounds of the University
of Redlands.


172.5. The provisions of Sections 172 and 172a of this code shall
not apply to the sale or exposing or offering for sale of alcoholic
beverages by a licensee under the Alcoholic Beverage Control Act
within the premises occupied by any bona fide club which is situated
within one mile of the grounds belonging to the University of
California at Berkeley, if the club meets all of the following
requirements:
(a) The membership in the club shall be limited to male American
citizens over the age of 21 years.
(b) The club shall have been organized and have existed in the
City of Berkeley for not less than 35 years continuously.
(c) The club shall have a bona fide membership of not less than
500 members.
(d) The premises occupied by the club are owned by the club, or by
a corporation, at least 75 percent of whose capital stock is owned
by the club, and have a value of not less than one hundred thousand
dollars ($100,000).


172.6. The provisions of Section 172 of this code shall not apply
to the sale, gift, or exposing or offering for sale of alcoholic
beverages by a licensee under the Alcoholic Beverage Control Act
within the premises occupied by any bona fide club which is situated
within 2,000 feet of San Quentin Prison in Marin County, provided the
club meets all the following requirements:
(a) The club shall have been organized and have existed in the
County of Marin for not less than 25 years continuously.
(b) The club shall have a bona fide membership of not less than
1,000 persons.
(c) The premises occupied by the club are owned by the club or by
club members.



172.7. The provisions of Section 172a shall not apply to the sale,
gift, or exposing or offering for sale of alcoholic beverages by a
licensee under the Alcoholic Beverage Control Act within the premises
occupied by any bona fide club which is situated within one mile of
the campus of Whittier College in the City of Whittier, or one mile
or more from the campus of Leland Stanford Junior University near the
City of Palo Alto, provided the club meets all the following
requirements:
(a) The club shall have been organized and have existed for not
less than 10 years continuously.
(b) The club shall have a bona fide membership of not less than
350 persons.
(c) The club shall own the building which it occupies.




172.8. The provisions of Section 172a shall not apply to the sale
of alcoholic beverages for consumption on the premises, by a
nonprofit organization at a municipally owned conference center
located more than one but less than 11/2 miles from the California
Institute of Technology in Pasadena.



172.9. The word "university," when used in this chapter with
reference to the sale, exposing or offering for sale, of alcoholic
beverages, means an institution which has the authority to grant an
academic graduate degree.


172.95. Sections 172 to 172.9, inclusive, do not apply to sales to
wholesalers or retailers by licensed winegrowers, brandy
manufacturers, beer manufacturers, distilled spirits manufacturers'
agents, distilled spirits manufacturers, or wholesalers.




173. Every Captain, Master of a vessel, or other person, who
willfully imports, brings, or sends, or causes or procures to be
brought or sent, into this State, any person who is a foreign convict
of any crime which, if committed within this State, would be
punishable therein (treason and misprision of treason excepted), or
who is delivered or sent to him from any prison or place of
confinement in any place without this State, is guilty of a
misdemeanor.


175. Every individual person of the classes referred to in Section
173, brought to or landed within this state contrary to the
provisions of such section, renders the person bringing or landing
liable to a separate prosecution and penalty.




181. Every person who holds, or attempts to hold, any person in
involuntary servitude, or assumes, or attempts to assume, rights of
ownership over any person, or who sells, or attempts to sell, any
person to another, or receives money or anything of value, in
consideration of placing any person in the custody, or under the
power or control of another, or who buys, or attempts to buy, any
person, or pays money, or delivers anything of value, to another, in
consideration of having any person placed in his custody, or under
his power or control, or who knowingly aids or assists in any manner
any one thus offending, is punishable by imprisonment in the state
prison for two, three or four years.[/align]

[align=left]
182. (a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to
procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means
which are in themselves criminal, or to obtain money or property by
false pretenses or by false promises with fraudulent intent not to
perform those promises.
(5) To commit any act injurious to the public health, to public
morals, or to pervert or obstruct justice, or the due administration
of the laws.
(6) To commit any crime against the person of the President or
Vice President of the United States, the Governor of any state or
territory, any United States justice or judge, or the secretary of
any of the executive departments of the United States.
They are punishable as follows:
When they conspire to commit any crime against the person of any
official specified in paragraph (6), they are guilty of a felony and
are punishable by imprisonment in the state prison for five, seven,
or nine years.
When they conspire to commit any other felony, they shall be
punishable in the same manner and to the same extent as is provided
for the punishment of that felony. If the felony is one for which
different punishments are prescribed for different degrees, the jury
or court which finds the defendant guilty thereof shall determine the
degree of the felony the defendant conspired to commit. If the
degree is not so determined, the punishment for conspiracy to commit
the felony shall be that prescribed for the lesser degree, except in
the case of conspiracy to commit murder, in which case the punishment
shall be that prescribed for murder in the first degree.
If the felony is conspiracy to commit two or more felonies which
have different punishments and the commission of those felonies
constitute but one offense of conspiracy, the penalty shall be that
prescribed for the felony which has the greater maximum term.
When they conspire to do an act described in paragraph (4), they
shall be punishable by imprisonment in the state prison, or by
imprisonment in the county jail for not more than one year, or by a
fine not exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine.
When they conspire to do any of the other acts described in this
section, they shall be punishable by imprisonment in the county jail
for not more than one year, or in the state prison, or by a fine not
exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine. When they receive a felony conviction for
conspiring to commit identity theft, as defined in Section 530.5, the
court may impose a fine of up to twenty-five thousand dollars
($25,000).
All cases of conspiracy may be prosecuted and tried in the
superior court of any county in which any overt act tending to effect
the conspiracy shall be done.
(b) Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence.




182.5. Notwithstanding subdivisions (a) or (b) of Section 182, any
person who actively participates in any criminal street gang, as
defined in subdivision (f) of Section 186.22, with knowledge that its
members engage in or have engaged in a pattern of criminal gang
activity, as defined in subdivision (e) of Section 186.22, and who
willfully promotes, furthers, assists, or benefits from any felonious
criminal conduct by members of that gang is guilty of conspiracy to
commit that felony and may be punished as specified in subdivision
(a) of Section 182.


183. No conspiracies, other than those enumerated in the preceding
section, are punishable criminally.



184. No agreement amounts to a conspiracy, unless some act, beside
such agreement, be done within this state to effect the object
thereof, by one or more of the parties to such agreement and the
trial of cases of conspiracy may be had in any county in which any
such act be done.



(185.) Section One Hundred and Eighty-five. It shall be unlawful
for any person to wear any mask, false whiskers, or any personal
disguise (whether complete or partial) for the purpose of:
One--Evading or escaping discovery, recognition, or identification
in the commission of any public offense.
Two--Concealment, flight, or escape, when charged with, arrested
for, or convicted of, any public offense. Any person violating any
of the provisions of this section shall be deemed guilty of a
misdemeanor.

[/align]

[align=left]

186. This act may be cited as the "California Control of Profits of
Organized Crime Act."



186.1. The Legislature hereby finds and declares that an effective
means of punishing and deterring criminal activities of organized
crime is through the forfeiture of profits acquired and accumulated
as a result of such criminal activities. It is the intent of the
Legislature that the "California Control of Profits of Organized
Crime Act" be used by prosecutors to punish and deter only such
activities.



186.2. For purposes of this chapter, the following definitions
apply:
(a) "Criminal profiteering activity" means any act committed or
attempted or any threat made for financial gain or advantage, which
act or threat may be charged as a crime under any of the following
sections:
(1) Arson, as defined in Section 451.
(2) Bribery, as defined in Sections 67, 67.5, and 68.
(3) Child pornography or exploitation, as defined in subdivision
(b) of Section 311.2, or Section 311.3 or 311.4, which may be
prosecuted as a felony.
(4) Felonious assault, as defined in Section 245.
(5) Embezzlement, as defined in Sections 424 and 503.
(6) Extortion, as defined in Section 518.
(7) Forgery, as defined in Section 470.
(8) Gambling, as defined in Sections 337a to 337f, inclusive, and
Section 337i, except the activities of a person who participates
solely as an individual bettor.
(9) Kidnapping, as defined in Section 207.
(10) Mayhem, as defined in Section 203.
(11) Murder, as defined in Section 187.
(12) Pimping and pandering, as defined in Section 266.
(13) Receiving stolen property, as defined in Section 496.
(14) Robbery, as defined in Section 211.
(15) Solicitation of crimes, as defined in Section 653f.
(16) Grand theft, as defined in Section 487.
(17) Trafficking in controlled substances, as defined in Sections
11351, 11352, and 11353 of the Health and Safety Code.
(18) Violation of the laws governing corporate securities, as
defined in Section 25541 of the Corporations Code.
(19) Any of the offenses contained in Chapter 7.5 (commencing with
Section 311) of Title 9, relating to obscene matter, or in Chapter
7.6 (commencing with Section 313) of Title 9, relating to harmful
matter that may be prosecuted as a felony.
(20) Presentation of a false or fraudulent claim, as defined in
Section 550.
(21) False or fraudulent activities, schemes, or artifices, as
described in Section 14107 of the Welfare and Institutions Code.
(22) Money laundering, as defined in Section 186.10.
(23) Offenses relating to the counterfeit of a registered mark, as
specified in Section 350.
(24) Offenses relating to the unauthorized access to computers,
computer systems, and computer data, as specified in Section 502.
(25) Conspiracy to commit any of the crimes listed above, as
defined in Section 182.
(26) Subdivision (a) of Section 186.22, or a felony subject to
enhancement as specified in subdivision (b) of Section 186.22.
(27) Any offenses related to fraud or theft against the state's
beverage container recycling program, including, but not limited to,
those offenses specified in this subdivision and those criminal
offenses specified in the California Beverage Container Recycling and
Litter Reduction Act, commencing at Section 14500 of the Public
Resources Code.
(28) Human trafficking, as defined in Section 236.1.
(29) Theft of personal identifying information, as defined in
Section 530.5.
(30) Offenses involving the theft of a motor vehicle, as specified
in Section 10851 of the Vehicle Code.
(b) (1) "Pattern of criminal profiteering activity" means engaging
in at least two incidents of criminal profiteering, as defined by
this chapter, that meet the following requirements:
(A) Have the same or a similar purpose, result, principals,
victims, or methods of commission, or are otherwise interrelated by
distinguishing characteristics.
(B) Are not isolated events.
(C) Were committed as a criminal activity of organized crime.
(2) Acts that would constitute a "pattern of criminal profiteering
activity" may not be used by a prosecuting agency to seek the
remedies provided by this chapter unless the underlying offense
occurred after the effective date of this chapter and the prior act
occurred within 10 years, excluding any period of imprisonment, of
the commission of the underlying offense. A prior act may not be used
by a prosecuting agency to seek remedies provided by this chapter if
a prosecution for that act resulted in an acquittal.
(c) "Prosecuting agency" means the Attorney General or the
district attorney of any county.
(d) "Organized crime" means crime that is of a conspiratorial
nature and that is either of an organized nature and seeks to supply
illegal goods and services such as narcotics, prostitution,
loan-sharking, gambling, and pornography, or that, through planning
and coordination of individual efforts, seeks to conduct the illegal
activities of arson for profit, hijacking, insurance fraud,
smuggling, operating vehicle theft rings, fraud against the beverage
container recycling program, or systematically encumbering the assets
of a business for the purpose of defrauding creditors. "Organized
crime" also means crime committed by a criminal street gang, as
defined in subdivision (f) of Section 186.22. "Organized crime" also
means false or fraudulent activities, schemes, or artifices, as
described in Section 14107 of the Welfare and Institutions Code, and
the theft of personal identifying information, as defined in Section
530.5.
(e) "Underlying offense" means an offense enumerated in
subdivision (a) for which the defendant is being prosecuted.




186.3. (a) In any case in which a person is alleged to have been
engaged in a pattern of criminal profiteering activity, upon a
conviction of the underlying offense, the assets listed in
subdivisions (b) and (c) shall be subject to forfeiture upon proof of
the provisions of subdivision (d) of Section 186.5.
(b) Any property interest whether tangible or intangible, acquired
through a pattern of criminal profiteering activity.
(c) All proceeds of a pattern of criminal profiteering activity,
which property shall include all things of value that may have been
received in exchange for the proceeds immediately derived from the
pattern of criminal profiteering activity.



186.4. (a) The prosecuting agency shall, in conjunction with the
criminal proceeding, file a petition of forfeiture with the superior
court of the county in which the defendant has been charged with the
underlying criminal offense, which shall allege that the defendant
has engaged in a pattern of criminal profiteering activity, including
the acts or threats chargeable as crimes and the property
forfeitable pursuant to Section 186.3. The prosecuting agency shall
make service of process of a notice regarding that petition upon
every individual who may have a property interest in the alleged
proceeds, which notice shall state that any interested party may file
a verified claim with the superior court stating the amount of their
claimed interest and an affirmation or denial of the prosecuting
agency's allegation. If the notices cannot be given by registered
mail or personal delivery, the notices shall be published for at
least three successive weeks in a newspaper of general circulation in
the county where the property is located. If the property alleged
to be subject to forfeiture is real property, the prosecuting agency
shall, at the time of filing the petition of forfeiture, record a lis
pendens in each county in which the real property is situated which
specifically identifies the real property alleged to be subject to
forfeiture. The judgment of forfeiture shall not affect the interest
in real property of any third party which was acquired prior to the
recording of the lis pendens.
(b) All notices shall set forth the time within which a claim of
interest in the property seized is required to be filed pursuant to
Section 186.5.


186.5. (a) Any person claiming an interest in the property or
proceeds may, at any time within 30 days from the date of the first
publication of the notice of seizure, or within 30 days after receipt
of actual notice, file with the superior court of the county in
which the action is pending a verified claim stating his or her
interest in the property or proceeds. A verified copy of the claim
shall be given by the claimant to the Attorney General or district
attorney, as appropriate.
(b) (1) If, at the end of the time set forth in subdivision (a),
an interested person, other than the defendant, has not filed a
claim, the court, upon motion, shall declare that the person has
defaulted upon his or her alleged interest, and it shall be subject
to forfeiture upon proof of the provisions of subdivision (d).
(2) The defendant may admit or deny that the property is subject
to forfeiture pursuant to the provisions of this chapter. If the
defendant fails to admit or deny or to file a claim of interest in
the property or proceeds, the court shall enter a response of denial
on behalf of the defendant.
(c) (1) The forfeiture proceeding shall be set for hearing in the
superior court in which the underlying criminal offense will be
tried.
(2) If the defendant is found guilty of the underlying offense,
the issue of forfeiture shall be promptly tried, either before the
same jury or before a new jury in the discretion of the court, unless
waived by the consent of all parties.
(d) At the forfeiture hearing, the prosecuting agency shall have
the burden of establishing beyond a reasonable doubt that the
defendant was engaged in a pattern of criminal profiteering activity
and that the property alleged in the petition comes within the
provisions of subdivision (b) or (c) of Section 186.3.



186.6. (a) Concurrent with, or subsequent to, the filing of the
petition, the prosecuting agency may move the superior court for the
following pendente lite orders to preserve the status quo of the
property alleged in the petition of forfeiture:
(1) An injunction to restrain all interested parties and enjoin
them from transferring, encumbering, hypothecating or otherwise
disposing of that property.
(2) Appointment of a receiver to take possession of, care for,
manage, and operate the assets and properties so that such property
may be maintained and preserved.
(b) No preliminary injunction may be granted or receiver appointed
without notice to the interested parties and a hearing to determine
that such an order is necessary to preserve the property, pending the
outcome of the criminal proceedings, and that there is probable
cause to believe that the property alleged in the forfeiture
proceedings are proceeds or property interests forfeitable under
Section 186.3. However, a temporary restraining order may issue
pending that hearing pursuant to the provisions of Section 527 of the
Code of Civil Procedure.
(c) Notwithstanding any other provision of law, the court in
granting these motions may order a surety bond or undertaking to
preserve the property interests of the interested parties.
(d) The court shall, in making its orders, seek to protect the
interests of those who may be involved in the same enterprise as the
defendant, but who were not involved in the commission of the
criminal profiteering activity.



186.7. (a) If the trier of fact at the forfeiture hearing finds
that the alleged property or proceeds is forfeitable pursuant to
Section 186.3 and the defendant was engaged in a pattern of criminal
profiteering activity, the court shall declare that property or
proceeds forfeited to the state or local governmental entity, subject
to distribution as provided in Section 186.8. No property solely
owned by a bona fide purchaser for value shall be subject to
forfeiture.
(b) If the trier of fact at the forfeiture hearing finds that the
alleged property is forfeitable pursuant to Section 186.3 but does
not find that a person holding a valid lien, mortgage, security
interest, or interest under a conditional sales contract acquired
that interest with actual knowledge that the property was to be used
for a purpose for which forfeiture is permitted, and the amount due
to that person is less than the appraised value of the property, that
person may pay to the state or the local governmental entity which
initiated the forfeiture proceeding, the amount of the registered
owner's equity, which shall be deemed to be the difference between
the appraised value and the amount of the lien, mortgage, security
interest, or interest under a conditional sales contract. Upon that
payment, the state or local governmental entity shall relinquish all
claims to the property. If the holder of the interest elects not to
make that payment to the state or local governmental entity, the
property shall be deemed forfeited to the state or local governmental
entity and the ownership certificate shall be forwarded. The
appraised value shall be determined as of the date judgment is
entered either by agreement between the legal owner and the
governmental entity involved, or if they cannot agree, then by a
court-appointed appraiser for the county in which the action is
brought. A person holding a valid lien, mortgage, security interest,
or interest under a conditional sales contract shall be paid the
appraised value of his or her interest.
(c) If the amount due to a person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract is
less than the value of the property and the person elects not to make
payment to the governmental entity, the property shall be sold at
public auction by the Department of General Services or by the local
governmental entity which shall provide notice of that sale by one
publication in a newspaper published and circulated in the city,
community, or locality where the sale is to take place.
(d) Notwithstanding subdivision (c), a county may dispose of any
real property forfeited to the county pursuant to this chapter
pursuant to Section 25538.5 of the Government Code.



186.8. Notwithstanding that no response or claim has been filed
pursuant to Section 186.5, in all cases where property is forfeited
pursuant to this chapter and, if necessary, sold by the Department of
General Services or local governmental entity, the money forfeited
or the proceeds of sale shall be distributed by the state or local
governmental entity as follows:
(a) To the bona fide or innocent purchaser, conditional sales
vendor, or holder of a valid lien, mortgage, or security interest, if
any, up to the amount of his or her interest in the property or
proceeds, when the court declaring the forfeiture orders a
distribution to that person. The court shall endeavor to discover
all those lienholders and protect their interests and may, at its
discretion, order the proceeds placed in escrow for up to an
additional 60 days to ensure that all valid claims are received and
processed.
(b) To the Department of General Services or local governmental
entity for all expenditures made or incurred by it in connection with
the sale of the property, including expenditures for any necessary
repairs, storage, or transportation of any property seized under this
chapter.
(c) To the general fund of the state or local governmental entity,
whichever prosecutes.
(d) In any case involving a violation of subdivision (b) of
Section 311.2, or Section 311.3 or 311.4, in lieu of the distribution
of the proceeds provided for by subdivisions (b) and (c), the
proceeds shall be deposited in the county children's trust fund,
established pursuant to Section 18966 of the Welfare and Institutions
Code, of the county that filed the petition of forfeiture. If the
county does not have a children's trust fund, the funds shall be
deposited in the State Children's Trust Fund, established pursuant to
Section 18969 of the Welfare and Institutions Code.
(e) In any case involving crimes against the state beverage
container recycling program, in lieu of the distribution of proceeds
provided in subdivision (c), the proceeds shall be deposited in the
penalty account established pursuant to subdivision (d) of Section
14580 of the Public Resources Code, except that a portion of the
proceeds equivalent to the cost of prosecution in the case shall be
distributed to the local prosecuting entity that filed the petition
of forfeiture.[/align]

[align=left]


186.9. As used in this chapter:
(a) "Conducts" includes, but is not limited to, initiating,
concluding, or participating in conducting, initiating, or concluding
a transaction.
(b) "Financial institution" means, when located or doing business
in this state, any national bank or banking association, state bank
or banking association, commercial bank or trust company organized
under the laws of the United States or any state, any private bank,
industrial savings bank, savings bank or thrift institution, savings
and loan association, or building and loan association organized
under the laws of the United States or any state, any insured
institution as defined in Section 401 of the National Housing Act (12
U.S.C. Sec. 1724(a)), any credit union organized under the laws of
the United States or any state, any national banking association or
corporation acting under Chapter 6 (commencing with Section 601) of
Title 12 of the United States Code, any agency, agent or branch of a
foreign bank, any currency dealer or exchange, any person or business
engaged primarily in the cashing of checks, any person or business
who regularly engages in the issuing, selling, or redeeming of
traveler's checks, money orders, or similar instruments, any broker
or dealer in securities registered or required to be registered with
the Securities and Exchange Commission under the Securities Exchange
Act of 1934 or with the Commissioner of Corporations under Part 3
(commencing with Section 25200) of Division 1 of Title 4 of the
Corporations Code, any licensed transmitter of funds or other person
or business regularly engaged in transmitting funds to a foreign
nation for others, any investment banker or investment company, any
insurer, any dealer in gold, silver, or platinum bullion or coins,
diamonds, emeralds, rubies, or sapphires, any pawnbroker, any
telegraph company, any person or business regularly engaged in the
delivery, transmittal, or holding of mail or packages, any person or
business that conducts a transaction involving the transfer of title
to any real property, vehicle, vessel, or aircraft, any personal
property broker, any person or business acting as a real property
securities dealer within the meaning of Section 10237 of the Business
and Professions Code, whether licensed to do so or not, any person
or business acting within the meaning and scope of subdivisions (d)
and (e) of Section 10131 and Section 10131.1 of the Business and
Professions Code, whether licensed to do so or not, any person or
business regularly engaged in gaming within the meaning and scope of
Section 330, any person or business regularly engaged in pool selling
or bookmaking within the meaning and scope of Section 337a, any
person or business regularly engaged in horse racing whether licensed
to do so or not under the Business and Professions Code, any person
or business engaged in the operation of a gambling ship within the
meaning and scope of Section 11317, any person or business engaged in
controlled gambling within the meaning and scope of subdivision (e)
of Section 19805 of the Business and Professions Code, whether
registered to do so or not, and any person or business defined as a
"bank," "financial agency," or "financial institution" by Section
5312 of Title 31 of the United States Code or Section 103.11 of Title
31 of the Code of Federal Regulations and any successor provisions
thereto.
(c) "Transaction" includes the deposit, withdrawal, transfer,
bailment, loan, pledge, payment, or exchange of currency, or a
monetary instrument, as defined by subdivision (d), or the
electronic, wire, magnetic, or manual transfer of funds between
accounts by, through, or to, a financial institution as defined by
subdivision (b).
(d) "Monetary instrument" means United States currency and coin;
the currency, coin, and foreign bank drafts of any foreign country;
payment warrants issued by the United States, this state, or any
city, county, or city and county of this state or any other political
subdivision thereof; any bank check, cashier's check, traveler's
check, or money order; any personal check, stock, investment
security, or negotiable instrument in bearer form or otherwise in a
form in which title thereto passes upon delivery; gold, silver, or
platinum bullion or coins; and diamonds, emeralds, rubies, or
sapphires. Except for foreign bank drafts and federal, state, county,
or city warrants, "monetary instrument" does not include personal
checks made payable to the order of a named party which have not been
endorsed or which bear restrictive endorsements, and also does not
include personal checks which have been endorsed by the named party
and deposited by the named party into the named party's account with
a financial institution.
(e) "Criminal activity" means a criminal offense punishable under
the laws of this state by death or imprisonment in the state prison
or from a criminal offense committed in another jurisdiction
punishable under the laws of that jurisdiction by death or
imprisonment for a term exceeding one year.
(f) "Foreign bank draft" means a bank draft or check issued or
made out by a foreign bank, savings and loan, casa de cambio, credit
union, currency dealer or exchanger, check cashing business, money
transmitter, insurance company, investment or private bank, or any
other foreign financial institution that provides similar financial
services, on an account in the name of the foreign bank or foreign
financial institution held at a bank or other financial institution
located in the United States or a territory of the United States.



186.10. (a) Any person who conducts or attempts to conduct a
transaction or more than one transaction within a seven-day period
involving a monetary instrument or instruments of a total value
exceeding five thousand dollars ($5,000), or a total value exceeding
twenty-five thousand dollars ($25,000) within a 30-day period,
through one or more financial institutions (1) with the specific
intent to promote, manage, establish, carry on, or facilitate the
promotion, management, establishment, or carrying on of any criminal
activity, or (2) knowing that the monetary instrument represents the
proceeds of, or is derived directly or indirectly from the proceeds
of, criminal activity, is guilty of the crime of money laundering.
The aggregation periods do not create an obligation for financial
institutions to record, report, create, or implement tracking systems
or otherwise monitor transactions involving monetary instruments in
any time period. In consideration of the constitutional right to
counsel afforded by the Sixth Amendment to the United States
Constitution and Section 15 of Article I of the California
Constitution, when a case involves an attorney who accepts a fee for
representing a client in a criminal investigation or proceeding, the
prosecution shall additionally be required to prove that the monetary
instrument was accepted by the attorney with the intent to disguise
or aid in disguising the source of the funds or the nature of the
criminal activity.
A violation of this section shall be punished by imprisonment in a
county jail for not more than one year or in the state prison, by a
fine of not more than two hundred fifty thousand dollars ($250,000)
or twice the value of the property transacted, whichever is greater,
or by both that imprisonment and fine. However, for a second or
subsequent conviction for a violation of this section, the maximum
fine that may be imposed is five hundred thousand dollars ($500,000)
or five times the value of the property transacted, whichever is
greater.
(b) Notwithstanding any other law, for purposes of this section,
each individual transaction conducted in excess of five thousand
dollars ($5,000), each series of transactions conducted within a
seven-day period that total in excess of five thousand dollars
($5,000), or each series of transactions conducted within a 30-day
period that total in excess of twenty-five thousand dollars
($25,000), shall constitute a separate, punishable offense.
(c) (1) Any person who is punished under subdivision (a) by
imprisonment in the state prison shall also be subject to an
additional term of imprisonment in the state prison as follows:
(A) If the value of the transaction or transactions exceeds fifty
thousand dollars ($50,000) but is less than one hundred fifty
thousand dollars ($150,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of one
year.
(B) If the value of the transaction or transactions exceeds one
hundred fifty thousand dollars ($150,000) but is less than one
million dollars ($1,000,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of two
years.
(C) If the value of the transaction or transactions exceeds one
million dollars ($1,000,000), but is less than two million five
hundred thousand dollars ($2,500,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of
three years.
(D) If the value of the transaction or transactions exceeds two
million five hundred thousand dollars ($2,500,000), the court, in
addition to and consecutive to the felony punishment otherwise
prescribed by this section, shall impose an additional term of
imprisonment of four years.
(2) (A) An additional term of imprisonment as provided for in this
subdivision shall not be imposed unless the facts of a transaction
or transactions, or attempted transaction or transactions, of a value
described in paragraph (1), are charged in the accusatory pleading,
and are either admitted to by the defendant or are found to be true
by the trier of fact.
(B) An additional term of imprisonment as provided for in this
subdivision may be imposed with respect to an accusatory pleading
charging multiple violations of this section, regardless of whether
any single violation charged in that pleading involves a transaction
or attempted transaction of a value covered by paragraph (1), if the
violations charged in that pleading arise from a common scheme or
plan and the aggregate value of the alleged transactions or attempted
transactions is of a value covered by paragraph (1).
(d) All pleadings under this section shall remain subject to the
rules of joinder and severance stated in Section 954.

[/align]

[align=left]
186.11. (a) (1) Any person who commits two or more related
felonies, a material element of which is fraud or embezzlement, which
involve a pattern of related felony conduct, and the pattern of
related felony conduct involves the taking of, or results in the loss
by another person or entity of, more than one hundred thousand
dollars ($100,000), shall be punished, upon conviction of two or more
felonies in a single criminal proceeding, in addition and
consecutive to the punishment prescribed for the felony offenses of
which he or she has been convicted, by an additional term of
imprisonment in the state prison as specified in paragraph (2) or
(3). This enhancement shall be known as the aggravated white collar
crime enhancement. The aggravated white collar crime enhancement
shall only be imposed once in a single criminal proceeding. For
purposes of this section, "pattern of related felony conduct" means
engaging in at least two felonies that have the same or similar
purpose, result, principals, victims, or methods of commission, or
are otherwise interrelated by distinguishing characteristics, and
that are not isolated events. For purposes of this section, "two or
more related felonies" means felonies committed against two or more
separate victims, or against the same victim on two or more separate
occasions.
(2) If the pattern of related felony conduct involves the taking
of, or results in the loss by another person or entity of, more than
five hundred thousand dollars ($500,000), the additional term of
punishment shall be two, three, or five years in the state prison.
(3) If the pattern of related felony conduct involves the taking
of, or results in the loss by another person or entity of, more than
one hundred thousand dollars ($100,000), but not more than five
hundred thousand dollars ($500,000), the additional term of
punishment shall be the term specified in paragraph (1) or (2) of
subdivision (a) of Section 12022.6.
(b) (1) The additional prison term and penalties provided for in
subdivisions (a), (c), and (d) shall not be imposed unless the facts
set forth in subdivision (a) are charged in the accusatory pleading
and admitted or found to be true by the trier of fact.
(2) The additional prison term provided in paragraph (2) of
subdivision (a) shall be in addition to any other punishment provided
by law, including Section 12022.6, and shall not be limited by any
other provision of law.
(c) Any person convicted of two or more felonies, as specified in
subdivision (a), shall also be liable for a fine not to exceed five
hundred thousand dollars ($500,000) or double the value of the
taking, whichever is greater, if the existence of facts that would
make the person subject to the aggravated white collar crime
enhancement have been admitted or found to be true by the trier of
fact. However, if the pattern of related felony conduct involves the
taking of more than one hundred thousand dollars ($100,000), but not
more than five hundred thousand dollars ($500,000), the fine shall
not exceed one hundred thousand dollars ($100,000) or double the
value of the taking, whichever is greater.
(d) Any person convicted of two or more felonies, as specified in
subdivision (a), shall be liable for the costs of restitution to
victims of the pattern of fraudulent or unlawful conduct, if the
existence of facts that would make the person subject to the
aggravated white collar crime enhancement have been admitted or found
to be true by the trier of fact.
(e) (1) If a person is alleged to have committed two or more
felonies, as specified in subdivision (a), and the aggravated white
collar crime enhancement is also charged, any asset or property that
is in the control of that person, and any asset or property that has
been transferred by that person to a third party, subsequent to the
commission of any criminal act alleged pursuant to subdivision (a),
other than in a bona fide purchase, whether found within or outside
the state, may be preserved by the superior court in order to pay
restitution and fines imposed pursuant to this section. Upon
conviction of two or more felonies, as specified in subdivision (a),
this property may be levied upon by the superior court to pay
restitution and fines imposed pursuant to this section if the
existence of facts that would make the person subject to the
aggravated white collar crime enhancement have been admitted or found
to be true by the trier of fact.
(2) To prevent dissipation or secreting of assets or property, the
prosecuting agency may, at the same time as or subsequent to the
filing of a complaint or indictment charging two or more felonies, as
specified in subdivision (a), and the enhancement specified in
subdivision (a), file a petition with the criminal division of the
superior court of the county in which the accusatory pleading was
filed, seeking a temporary restraining order, preliminary injunction,
the appointment of a receiver, or any other protective relief
necessary to preserve the property or assets. This petition shall
commence a proceeding that shall be pendent to the criminal
proceeding and maintained solely to affect the criminal remedies
provided for in this section. The proceeding shall not be subject to
or governed by the provisions of the Civil Discovery Act as set forth
in Title 4 (commencing with Section 2016.010) of Part 4 of the Code
of Civil Procedure. The petition shall allege that the defendant has
been charged with two or more felonies, as specified in subdivision
(a), and is subject to the aggravated white collar crime enhancement
specified in subdivision (a). The petition shall identify that
criminal proceeding and the assets and property to be affected by an
order issued pursuant to this section.
(3) A notice regarding the petition shall be provided, by personal
service or registered mail, to every person who may have an interest
in the property specified in the petition. Additionally, the notice
shall be published for at least three successive weeks in a newspaper
of general circulation in the county where the property affected by
an order issued pursuant to this section is located. The notice shall
state that any interested person may file a verified claim with the
superior court stating the nature and amount of their claimed
interest. The notice shall set forth the time within which a claim of
interest in the protected property is required to be filed.
(4) If the property to be preserved is real property, the
prosecuting agency shall record, at the time of filing the petition,
a lis pendens in each county in which the real property is situated
which specifically identifies the property by legal description, the
name of the owner of record as shown on the latest equalized
assessment roll, and the assessor's parcel number.
(5) If the property to be preserved are assets under the control
of a banking or financial institution, the prosecuting agency, at the
time of the filing of the petition, may obtain an order from the
court directing the banking or financial institution to immediately
disclose the account numbers and value of the assets of the accused
held by the banking or financial institution. The prosecuting agency
shall file a supplemental petition, specifically identifying which
banking or financial institution accounts shall be subject to a
temporary restraining order, preliminary injunction, or other
protective remedy.
(6) Any person claiming an interest in the protected property may,
at any time within 30 days from the date of the first publication of
the notice of the petition, or within 30 days after receipt of
actual notice, file with the superior court of the county in which
the action is pending a verified claim stating the nature and amount
of his or her interest in the property or assets. A verified copy of
the claim shall be served by the claimant on the Attorney General or
district attorney, as appropriate.
(7) The imposition of fines and restitution pursuant to this
section shall be determined by the superior court in which the
underlying criminal offense is sentenced. Any judge who is assigned
to the criminal division of the superior court in the county where
the petition is filed may issue a temporary restraining order in
conjunction with, or subsequent to, the filing of an allegation
pursuant to this section. Any subsequent hearing on the petition
shall also be heard by a judge assigned to the criminal division of
the superior court in the county in which the petition is filed. At
the time of the filing of an information or indictment in the
underlying criminal case, any subsequent hearing on the petition
shall be heard by the superior court judge assigned to the underlying
criminal case.
(f) Concurrent with or subsequent to the filing of the petition,
the prosecuting agency may move the superior court for, and the
superior court may issue, the following pendente lite orders to
preserve the status quo of the property alleged in the petition:
(1) An injunction to restrain any person from transferring,
encumbering, hypothecating, or otherwise disposing of that property.

(2) Appointment of a receiver to take possession of, care for,
manage, and operate the assets and properties so that the property
may be maintained and preserved. The court may order that a receiver
appointed pursuant to this section shall be compensated for all
reasonable expenditures made or incurred by him or her in connection
with the possession, care, management, and operation of any property
or assets that are subject to the provisions of this section.
(3) A bond or other undertaking, in lieu of other orders, of a
value sufficient to ensure the satisfaction of restitution and fines
imposed pursuant to this section.
(g) (1) No preliminary injunction may be granted or receiver
appointed by the court without notice that meets the requirements of
paragraph (3) of subdivision (e) to all known and reasonably
ascertainable interested parties and upon a hearing to determine that
an order is necessary to preserve the property pending the outcome
of the criminal proceedings. A temporary restraining order may be
issued by the court, ex parte, pending that hearing in conjunction
with or subsequent to the filing of the petition upon the application
of the prosecuting attorney. The temporary restraining order may be
based upon the sworn declaration of a peace officer with personal
knowledge of the criminal investigation that establishes probable
cause to believe that aggravated white collar crime has taken place
and that the amount of restitution and fines established by this
section exceeds or equals the worth of the assets subject to the
temporary restraining order. The declaration may include the hearsay
statements of witnesses to establish the necessary facts. The
temporary restraining order may be issued without notice upon a
showing of good cause to the court.
(2) The defendant, or a person who has filed a verified claim as
provided in paragraph (6) of subdivision (e), shall have the right to
have the court conduct an order to show cause hearing within 10 days
of the service of the request for hearing upon the prosecuting
agency, in order to determine whether the temporary restraining order
should remain in effect, whether relief should be granted from any
lis pendens recorded pursuant to paragraph (4) of subdivision (e), or
whether any existing order should be modified in the interests of
justice. Upon a showing of good cause, the hearing shall be held
within two days of the service of the request for hearing upon the
prosecuting agency.
(3) In determining whether to issue a preliminary injunction or
temporary restraining order in a proceeding brought by a prosecuting
agency in conjunction with or subsequent to the filing of an
allegation pursuant to this section, the court has the discretion to
consider any matter that it deems reliable and appropriate, including
hearsay statements, in order to reach a just and equitable decision.
The court shall weigh the relative degree of certainty of the
outcome on the merits and the consequences to each of the parties of
granting the interim relief. If the prosecution is likely to prevail
on the merits and the risk of the dissipation of assets outweighs the
potential harm to the defendants and the interested parties, the
court shall grant injunctive relief. The court shall give significant
weight to the following factors:
(A) The public interest in preserving the property or assets
pendente lite.
(B) The difficulty of preserving the property or assets pendente
lite where the underlying alleged crimes involve issues of fraud and
moral turpitude.
(C) The fact that the requested relief is being sought by a public
prosecutor on behalf of alleged victims of white collar crimes.
(D) The likelihood that substantial public harm has occurred where
aggravated white collar crime is alleged to have been committed.
(E) The significant public interest involved in compensating the
victims of white collar crime and paying court-imposed restitution
and fines.
(4) The court, in making its orders, may consider a defendant's
request for the release of a portion of the property affected by this
section in order to pay reasonable legal fees in connection with the
criminal proceeding, any necessary and appropriate living expenses
pending trial and sentencing, and for the purpose of posting bail.
The court shall weigh the needs of the public to retain the property
against the needs of the defendant to a portion of the property. The
court shall consider the factors listed in paragraph (3) prior to
making any order releasing property for these purposes.
(5) The court, in making its orders, shall seek to protect the
interests of any innocent third persons, including an innocent
spouse, who were not involved in the commission of any criminal
activity.
(6) Any petition filed pursuant to this section is part of the
criminal proceedings for purposes of appointment of counsel and shall
be assigned to the criminal division of the superior court of the
county in which the accusatory pleading was filed.
(7) Based upon a noticed motion brought by the receiver appointed
pursuant to paragraph (2) of subdivision (f), the court may order an
interlocutory sale of property named in the petition when the
property is liable to perish, to waste, or to be significantly
reduced in value, or when the expenses of maintaining the property
are disproportionate to the value thereof. The proceeds of the
interlocutory sale shall be deposited with the court or as directed
by the court pending determination of the proceeding pursuant to this
section.
(8) The court may make any orders that are necessary to preserve
the continuing viability of any lawful business enterprise that is
affected by the issuance of a temporary restraining order or
preliminary injunction issued pursuant to this action.
(9) In making its orders, the court shall seek to prevent any
asset subject to a temporary restraining order or preliminary
injunction from perishing, spoiling, going to waste, or otherwise
being significantly reduced in value. Where the potential for
diminution in value exists, the court shall appoint a receiver to
dispose of or otherwise protect the value of the property or asset.
(10) A preservation order shall not be issued against any assets
of a business that are not likely to be dissipated and that may be
subject to levy or attachment to meet the purposes of this section.
(h) If the allegation that the defendant is subject to the
aggravated white collar crime enhancement is dismissed or found by
the trier of fact to be untrue, any preliminary injunction or
temporary restraining order issued pursuant to this section shall be
dissolved. If a jury is the trier of fact, and the jury is unable to
reach a unanimous verdict, the court shall have the discretion to
continue or dissolve all or a portion of the preliminary injunction
or temporary restraining order based upon the interests of justice.
However, if the prosecuting agency elects not to retry the case, any
preliminary injunction or temporary restraining order issued pursuant
to this section shall be dissolved.
(i) (1) (A) If the defendant is convicted of two or more felonies,
as specified in subdivision (a), and the existence of facts that
would make the person subject to the aggravated white collar crime
enhancement have been admitted or found to be true by the trier of
fact, the trial judge shall continue the preliminary injunction or
temporary restraining order until the date of the criminal sentencing
and shall make a finding at that time as to what portion, if any, of
the property or assets subject to the preliminary injunction or
temporary restraining order shall be levied upon to pay fines and
restitution to victims of the crime. The order imposing fines and
restitution may exceed the total worth of the property or assets
subjected to the preliminary injunction or temporary restraining
order. The court may order the immediate transfer of the property or
assets to satisfy any judgment and sentence made pursuant to this
section. Additionally, upon motion of the prosecution, the court may
enter an order as part of the judgment and sentence making the order
imposing fines and restitution pursuant to this section enforceable
pursuant to Title 9 (commencing with Section 680.010) of Part 2 of
the Code of Civil Procedure.
(B) Additionally, the court shall order the defendant to make full
restitution to the victim or to make restitution to the victim based
on his or her ability to pay, as defined in subdivision (b) of
Section 1203.1b. The payment of the restitution ordered by the court
pursuant to this section shall be made a condition of any probation
granted by the court if the existence of facts that would make the
defendant subject to the aggravated white collar crime enhancement
have been admitted or found to be true by the trier of fact.
Notwithstanding any other provision of law, the court may order that
the period of probation continue for up to 10 years or until full
restitution is made to the victim, whichever is earlier.
(C) The sentencing court shall retain jurisdiction to enforce the
order to pay additional fines and restitution and, in appropriate
cases, may initiate probation violation proceedings or contempt of
court proceedings against a defendant who is found to have willfully
failed to comply with any lawful order of the court.
(D) If the execution of judgment is stayed pending an appeal of an
order of the superior court pursuant to this section, the
preliminary injunction or temporary restraining order shall be
maintained in full force and effect during the pendency of the
appellate period.
(2) The order imposing fines and restitution shall not affect the
interest in real property of any third party that was acquired prior
to the recording of the lis pendens, unless the property was obtained
from the defendant other than as a bona fide purchaser for value. If
any assets or property affected by this section are subject to a
valid lien, mortgage, security interest, or interest under a
conditional sales contract and the amount due to the holder of the
lien, mortgage, interest, or contract is less than the appraised
value of the property, that person may pay to the state or the local
government that initiated the proceeding the amount of the difference
between the appraised value of the property and the amount of the
lien, mortgage, security interest, or interest under a conditional
sales contract. Upon that payment, the state or local entity shall
relinquish all claims to the property. If the holder of the interest
elects not to make that payment to the state or local governmental
entity, the interest in the property shall be deemed transferred to
the state or local governmental entity and any indicia of ownership
of the property shall be confirmed in the state or local governmental
entity. The appraised value shall be determined as of the date
judgment is entered either by agreement between the holder of the
lien, mortgage, security interest, or interest under a conditional
sales contract and the governmental entity involved, or if they
cannot agree, then by a court-appointed appraiser for the county in
which the action is brought. A person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract
shall be paid the appraised value of his or her interest.
(3) In making its final order, the court shall seek to protect the
legitimately acquired interests of any innocent third persons,
including an innocent spouse, who were not involved in the commission
of any criminal activity.
(j) In all cases where property is to be levied upon pursuant to
this section, a receiver appointed by the court shall be empowered to
liquidate all property or assets which shall be distributed in the
following order of priority:
(1) To the receiver, or court-appointed appraiser, for all
reasonable expenditures made or incurred by him or her in connection
with the sale of the property or liquidation of assets, including all
reasonable expenditures for any necessary repairs, storage, or
transportation of any property levied upon under this section.
(2) To any holder of a valid lien, mortgage, or security interest
up to the amount of his or her interest in the property or proceeds.

(3) To any victim as restitution for any fraudulent or unlawful
acts alleged in the accusatory pleading that were proven by the
prosecuting agency as part of the pattern of fraudulent or unlawful
acts.
(4) For payment of any fine imposed pursuant to this section. The
proceeds obtained in payment of a fine shall be paid to the treasurer
of the county in which the judgment was entered, or if the action
was undertaken by the Attorney General, to the Treasurer. If the
payment of any fine imposed pursuant to this section involved losses
resulting from violation of Section 550 of this code or Section
1871.4 of the Insurance Code, one-half of the fine collected shall be
paid to the treasurer of the county in which the judgment was
entered, and one-half of the fine collected shall be paid to the
Department of Insurance for deposit in the appropriate account in the
Insurance Fund. The proceeds from the fine first shall be used by a
county to reimburse local prosecutors and enforcement agencies for
the reasonable costs of investigation and prosecution of cases
brought pursuant to this section.
(5) To the Restitution Fund, or in cases involving convictions
relating to insurance fraud, to the Insurance Fund as restitution for
crimes not specifically pleaded and proven in the accusatory
pleading.
(k) If, after distribution pursuant to paragraphs (1) and (2) of
subdivision (j), the value of the property to be levied upon pursuant
to this section is insufficient to pay for restitution and fines,
the court shall order an equitable sharing of the proceeds of the
liquidation of the property, and any other recoveries, which shall
specify the percentage of recoveries to be devoted to each purpose.
At least 70 percent of the proceeds remaining after distribution
pursuant to paragraphs (1) and (2) of subdivision (j) shall be
devoted to restitution.
(l) Unless otherwise expressly provided, the remedies or penalties
provided by this section are cumulative to each other and to the
remedies or penalties available under all other laws of this state,
except that two separate actions against the same defendant and
pertaining to the same fraudulent or unlawful acts may not be brought
by a district attorney or the Attorney General pursuant to this
section and Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code. If a fine is imposed
under this section, it shall be in lieu of all other fines that may
be imposed pursuant to any other provision of law for the crimes for
which the defendant has been convicted in the action.[/align]

[align=left]
ACT


186.20. This chapter shall be known and may be cited as the
"California Street Terrorism Enforcement and Prevention Act."



186.21. The Legislature hereby finds and declares that it is the
right of every person, regardless of race, color, creed, religion,
national origin, gender, age, ***ual orientation, or handicap, to be
secure and protected from fear, intimidation, and physical harm
caused by the activities of violent groups and individuals. It is
not the intent of this chapter to interfere with the exercise of the
constitutionally protected rights of freedom of expression and
association. The Legislature hereby recognizes the constitutional
right of every citizen to harbor and express beliefs on any lawful
subject whatsoever, to lawfully associate with others who share
similar beliefs, to petition lawfully constituted authority for a
redress of perceived grievances, and to participate in the electoral
process.
The Legislature, however, further finds that the State of
California is in a state of crisis which has been caused by violent
street gangs whose members threaten, terrorize, and commit a
multitude of crimes against the peaceful citizens of their
neighborhoods. These activities, both individually and collectively,
present a clear and present danger to public order and safety and
are not constitutionally protected. The Legislature finds that there
are nearly 600 criminal street gangs operating in California, and
that the number of gang-related murders is increasing. The
Legislature also finds that in Los Angeles County alone there were
328 gang-related murders in 1986, and that gang homicides in 1987
have increased 80 percent over 1986. It is the intent of the
Legislature in enacting this chapter to seek the eradication of
criminal activity by street gangs by focusing upon patterns of
criminal gang activity and upon the organized nature of street gangs,
which together, are the chief source of terror created by street
gangs. The Legislature further finds that an effective means of
punishing and deterring the criminal activities of street gangs is
through forfeiture of the profits, proceeds, and instrumentalities
acquired, accumulated, or used by street gangs.



186.22. (a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.
(b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
(A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court's discretion.
(B) If the felony is a serious felony, as defined in subdivision
(c) of Section 1192.7, the person shall be punished by an additional
term of five years.
(C) If the felony is a violent felony, as defined in subdivision
(c) of Section 667.5, the person shall be punished by an additional
term of 10 years.
(2) If the underlying felony described in paragraph (1) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term under
paragraph (1).
(3) The court shall order the imposition of the middle term of the
sentence enhancement, unless there are circumstances in aggravation
or mitigation. The court shall state the reasons for its choice of
sentencing enhancements on the record at the time of the sentencing.

(4) Any person who is convicted of a felony enumerated in this
paragraph committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific intent
to promote, further, or assist in any criminal conduct by gang
members, shall, upon conviction of that felony, be sentenced to an
indeterminate term of life imprisonment with a minimum term of the
indeterminate sentence calculated as the greater of:
(A) The term determined by the court pursuant to Section 1170 for
the underlying conviction, including any enhancement applicable under
Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or
any period prescribed by Section 3046, if the felony is any of the
offenses enumerated in subparagraph (B) or (C) of this paragraph.
(B) Imprisonment in the state prison for 15 years, if the felony
is a home invasion robbery, in violation of subparagraph (A) of
paragraph (1) of subdivision (a) of Section 213; carjacking, as
defined in Section 215; a felony violation of Section 246; or a
violation of Section 12022.55.
(C) Imprisonment in the state prison for seven years, if the
felony is extortion, as defined in Section 519; or threats to victims
and witnesses, as defined in Section 136.1.
(5) Except as provided in paragraph (4), any person who violates
this subdivision in the commission of a felony punishable by
imprisonment in the state prison for life shall not be paroled until
a minimum of 15 calendar years have been served.
(c) If the court grants probation or suspends the execution of
sentence imposed upon the defendant for a violation of subdivision
(a), or in cases involving a true finding of the enhancement
enumerated in subdivision (b), the court shall require that the
defendant serve a minimum of 180 days in a county jail as a condition
thereof.
(d) Any person who is convicted of a public offense punishable as
a felony or a misdemeanor, which is committed for the benefit of, at
the direction of or in association with, any criminal street gang
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall be punished by imprisonment
in the county jail not to exceed one year, or by imprisonment in the
state prison for one, two, or three years, provided that any person
sentenced to imprisonment in the county jail shall be imprisoned for
a period not to exceed one year, but not less than 180 days, and
shall not be eligible for release upon completion of sentence,
parole, or any other basis, until he or she has served 180 days. If
the court grants probation or suspends the execution of sentence
imposed upon the defendant, it shall require as a condition thereof
that the defendant serve 180 days in a county jail.
(e) As used in this chapter, "pattern of criminal gang activity"
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
(1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
(2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
(3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
(4) The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to manufacture controlled substances as
defined in Sections 11054, 11055, 11056, 11057, and 11058 of the
Health and Safety Code.
(5) Shooting at an inhabited dwelling or occupied motor vehicle,
as defined in Section 246.
(6) Discharging or permitting the discharge of a firearm from a
motor vehicle, as defined in subdivisions (a) and (b) of Section
12034.
(7) Arson, as defined in Chapter 1 (commencing with Section 450)
of Title 13.
(8) The intimidation of witnesses and victims, as defined in
Section 136.1.
(9) Grand theft, as defined in subdivision (a) or (c) of Section
487.
(10) Grand theft of any firearm, vehicle, trailer, or vessel.
(11) Burglary, as defined in Section 459.
(12) Rape, as defined in Section 261.
(13) Looting, as defined in Section 463.
(14) Money laundering, as defined in Section 186.10.
(15) Kidnapping, as defined in Section 207.
(16) Mayhem, as defined in Section 203.
(17) Aggravated mayhem, as defined in Section 205.
(18) Torture, as defined in Section 206.
(19) Felony extortion, as defined in Sections 518 and 520.
(20) Felony vandalism, as defined in paragraph (1) of subdivision
(b) of Section 594.
(21) Carjacking, as defined in Section 215.
(22) The sale, delivery, or transfer of a firearm, as defined in
Section 12072.
(23) Possession of a pistol, revolver, or other firearm capable of
being concealed upon the person in violation of paragraph (1) of
subdivision (a) of Section 12101.
(24) Threats to commit crimes resulting in death or great bodily
injury, as defined in Section 422.
(25) Theft and unlawful taking or driving of a vehicle, as defined
in Section 10851 of the Vehicle Code.
(26) Felony theft of an access card or account information, as
defined in Section 484e.
(27) Counterfeiting, designing, using, attempting to use an access
card, as defined in Section 484f.
(28) Felony fraudulent use of an access card or account
information, as defined in Section 484g.
(29) Unlawful use of personal identifying information to obtain
credit, goods, services, or medical information, as defined in
Section 530.5.
(30) Wrongfully obtaining Department of Motor Vehicles
documentation, as defined in Section 529.7.
(31) Prohibited possession of a firearm in violation of Section
12021.
(32) Carrying a concealed firearm in violation of Section 12025.
(33) Carrying a loaded firearm in violation of Section 12031.
(f) As used in this chapter, "criminal street gang" means any
ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities
the commission of one or more of the criminal acts enumerated in
paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of
subdivision (e), having a common name or common identifying sign or
symbol, and whose members individually or collectively engage in or
have engaged in a pattern of criminal gang activity.
(g) Notwithstanding any other law, the court may strike the
additional punishment for the enhancements provided in this section
or refuse to impose the minimum jail sentence for misdemeanors in an
unusual case where the interests of justice would best be served, if
the court specifies on the record and enters into the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.
(h) Notwithstanding any other provision of law, for each person
committed to the Division of Juvenile Facilities for a conviction
pursuant to subdivision (a) or (b) of this section, the offense shall
be deemed one for which the state shall pay the rate of 100 percent
of the per capita institutional cost of the Division of Juvenile
Facilities, pursuant to Section 912.5 of the Welfare and Institutions
Code.
(i) In order to secure a conviction or sustain a juvenile
petition, pursuant to subdivision (a) it is not necessary for the
prosecution to prove that the person devotes all, or a substantial
part, of his or her time or efforts to the criminal street gang, nor
is it necessary to prove that the person is a member of the criminal
street gang. Active participation in the criminal street gang is all
that is required.
(j) A pattern of gang activity may be shown by the commission of
one or more of the offenses enumerated in paragraphs (26) to (30),
inclusive, of subdivision (e), and the commission of one or more of
the offenses enumerated in paragraphs (1) to (25), inclusive, or (31)
to (33), inclusive of subdivision (e). A pattern of gang activity
cannot be established solely by proof of commission of offenses
enumerated in paragraphs (26) to (30), inclusive, of subdivision (e),
alone.


186.22a. (a) Every building or place used by members of a criminal
street gang for the purpose of the commission of the offenses listed
in subdivision (e) of Section 186.22 or any offense involving
dangerous or deadly weapons, burglary, or rape, and every building or
place wherein or upon which that criminal conduct by gang members
takes place, is a nuisance which shall be enjoined, abated, and
prevented, and for which damages may be recovered, whether it is a
public or private nuisance.
(b) Any action for injunction or abatement filed pursuant to
subdivision (a), including an action filed by the Attorney General,
shall proceed according to the provisions of Article 3 (commencing
with Section 11570) of Chapter 10 of Division 10 of the Health and
Safety Code, except that all of the following shall apply:
(1) The court shall not assess a civil penalty against any person
unless that person knew or should have known of the unlawful acts.
(2) No order of eviction or closure may be entered.
(3) All injunctions issued shall be limited to those necessary to
protect the health and safety of the residents or the public or those
necessary to prevent further criminal activity.
(4) Suit may not be filed until 30-day notice of the unlawful use
or criminal conduct has been provided to the owner by mail, return
receipt requested, postage prepaid, to the last known address.
(c) Whenever an injunction is issued pursuant to subdivision (a),
or Section 3479 of the Civil Code, to abate gang activity
constituting a nuisance, the Attorney General or any district
attorney or any prosecuting city attorney may maintain an action for
money damages on behalf of the community or neighborhood injured by
that nuisance. Any money damages awarded shall be paid by or
collected from assets of the criminal street gang or its members.
Only members of the criminal street gang who created, maintained, or
contributed to the creation or maintenance of the nuisance shall be
personally liable for the payment of the damages awarded. In a civil
action for damages brought pursuant to this subdivision, the Attorney
General, district attorney, or city attorney may use, but is not
limited to the use of, the testimony of experts to establish damages
suffered by the community or neighborhood injured by the nuisance.
The damages recovered pursuant to this subdivision shall be deposited
into a separate segregated fund for payment to the governing body of
the city or county in whose political subdivision the community or
neighborhood is located, and that governing body shall use those
assets solely for the benefit of the community or neighborhood that
has been injured by the nuisance.
(d) No nonprofit or charitable organization which is conducting
its affairs with ordinary care or skill, and no governmental entity,
shall be abated pursuant to subdivisions (a) and (b).
(e) Nothing in this chapter shall preclude any aggrieved person
from seeking any other remedy provided by law.
(f) (1) Any firearm, ammunition which may be used with the
firearm, or any deadly or dangerous weapon which is owned or
possessed by a member of a criminal street gang for the purpose of
the commission of any of the offenses listed in subdivision (e) of
Section 186.22, or the commission of any burglary or rape, may be
confiscated by any law enforcement agency or peace officer.
(2) In those cases where a law enforcement agency believes that
the return of the firearm, ammunition, or deadly weapon confiscated
pursuant to this subdivision, is or will be used in criminal street
gang activity or that the return of the item would be likely to
result in endangering the safety of others, the law enforcement
agency shall initiate a petition in the superior court to determine
if the item confiscated should be returned or declared a nuisance.
(3) No firearm, ammunition, or deadly weapon shall be sold or
destroyed unless reasonable notice is given to its lawful owner if
his or her identity and address can be reasonably ascertained. The
law enforcement agency shall inform the lawful owner, at that person'
s last known address by registered mail, that he or she has 30 days
from the date of receipt of the notice to respond to the court clerk
to confirm his or her desire for a hearing and that the failure to
respond shall result in a default order forfeiting the confiscated
firearm, ammunition, or deadly weapon as a nuisance.
(4) If the person requests a hearing, the court clerk shall set a
hearing no later than 30 days from receipt of that request. The court
clerk shall notify the person, the law enforcement agency involved,
and the district attorney of the date, time, and place of the
hearing.
(5) At the hearing, the burden of proof is upon the law
enforcement agency or peace officer to show by a preponderance of the
evidence that the seized item is or will be used in criminal street
gang activity or that return of the item would be likely to result in
endangering the safety of others. All returns of firearms shall be
subject to Section 12021.3.
(6) If the person does not request a hearing within 30 days of the
notice or the lawful owner cannot be ascertained, the law
enforcement agency may file a petition that the confiscated firearm,
ammunition, or deadly weapon be declared a nuisance. If the items are
declared to be a nuisance, the law enforcement agency shall dispose
of the items as provided in Section 12028.



186.23. This chapter does not apply to employees engaged in
concerted activities for their mutual aid and protection, or the
activities of labor organizations or their members or agents.



186.24. If any part or provision of this chapter, or the
application thereof to any person or circumstance, is held invalid,
the remainder of the chapter, including the application of that part
or provision to other persons or circumstances, shall not be affected
thereby and shall continue in full force and effect. To this end,
the provisions of this chapter are severable.



186.25. Nothing in this chapter shall prevent a local governing
body from adopting and enforcing laws consistent with this chapter
relating to gangs and gang violence. Where local laws duplicate or
supplement this chapter, this chapter shall be construed as providing
alternative remedies and not as preempting the field.




186.26. (a) Any person who solicits or recruits another to actively
participate in a criminal street gang, as defined in subdivision (f)
of Section 186.22, with the intent that the person solicited or
recruited participate in a pattern of criminal street gang activity,
as defined in subdivision (e) of Section 186.22, or with the intent
that the person solicited or recruited promote, further, or assist in
any felonious conduct by members of the criminal street gang, shall
be punished by imprisonment in the state prison for 16 months, or two
or three years.
(b) Any person who threatens another person with physical violence
on two or more separate occasions within any 30-day period with the
intent to coerce, induce, or solicit any person to actively
participate in a criminal street gang, as defined in subdivision (f)
of Section 186.22, shall be punished by imprisonment in the state
prison for two, three, or four years.
(c) Any person who uses physical violence to coerce, induce, or
solicit another person to actively participate in any criminal street
gang, as defined in subdivision (f) of Section 186.22, or to prevent
the person from leaving a criminal street gang, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) If the person solicited, recruited, coerced, or threatened
pursuant to subdivision (a), (b), or (c) is a minor, an additional
term of three years shall be imposed in addition and consecutive to
the penalty prescribed for a violation of any of these subdivisions.

(e) Nothing in this section shall be construed to limit
prosecution under any other provision of law.



186.28. (a) Any person, corporation, or firm who shall knowingly
supply, sell, or give possession or control of any firearm to another
shall be punished by imprisonment in the state prison, or in a
county jail for a term not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment if all of the following apply:
(1) The person, corporation, or firm has actual knowledge that the
person will use the firearm to commit a felony described in
subdivision (e) of Section 186.22, while actively participating in
any criminal street gang, as defined in subdivision (f) of Section
186.22, the members of which engage in a pattern of criminal
activity, as defined in subdivision (e) of Section 186.22.
(2) The firearm is used to commit the felony.
(3) A conviction for the felony violation under subdivision (e) of
Section 186.22 has first been obtained of the person to whom the
firearm was supplied, sold, or given possession or control pursuant
to this section.
(b) This section shall only be applicable where the person is not
convicted as a principal to the felony offense committed by the
person to whom the firearm was supplied, sold, or given possession or
control pursuant to this section.



186.30. (a) Any person described in subdivision (b) shall register
with the chief of police of the city in which he or she resides, or
the sheriff of the county if he or she resides in an unincorporated
area, within 10 days of release from custody or within 10 days of his
or her arrival in any city, county, or city and county to reside
there, whichever occurs first.
(b) Subdivision (a) shall apply to any person convicted in a
criminal court or who has had a petition sustained in a juvenile
court in this state for any of the following offenses:
(1) Subdivision (a) of Section 186.22.
(2) Any crime where the enhancement specified in subdivision (b)
of Section 186.22 is found to be true.
(3) Any crime that the court finds is gang related at the time of
sentencing or disposition.



186.31. At the time of sentencing in adult court, or at the time of
the dispositional hearing in the juvenile court, the court shall
inform any person subject to Section 186.30 of his or her duty to
register pursuant to that section. This advisement shall be noted in
the court minute order. The court clerk shall send a copy of the
minute order to the law enforcement agency with jurisdiction for the
last known address of the person subject to registration under
Section 186.30. The parole officer or the probation officer assigned
to that person shall verify that he or she has complied with the
registration requirements of Section 186.30.



186.32. (a) The registration required by Section 186.30 shall
consist of the following:
(1) Juvenile registration shall include the following:
(A) The juvenile shall appear at the law enforcement agency with a
parent or guardian.
(B) The law enforcement agency shall serve the juvenile and the
parent with a California Street Terrorism Enforcement and Prevention
Act notification which shall include, where applicable, that the
juvenile belongs to a gang whose members engage in or have engaged in
a pattern of criminal gang activity as described in subdivision (e)
of Section 186.22.
(C) A written statement signed by the juvenile, giving any
information that may be required by the law enforcement agency, shall
be submitted to the law enforcement agency.
(D) The fingerprints and current photograph of the juvenile shall
be submitted to the law enforcement agency.
(2) Adult registration shall include the following:
(A) The adult shall appear at the law enforcement agency.
(B) The law enforcement agency shall serve the adult with a
California Street Terrorism Enforcement and Prevention Act
notification which shall include, where applicable, that the adult
belongs to a gang whose members engage in or have engaged in a
pattern of criminal gang activity as described in subdivision (e) of
Section 186.22.
(C) A written statement, signed by the adult, giving any
information that may be required by the law enforcement agency, shall
be submitted to the law enforcement agency.
(D) The fingerprints and current photograph of the adult shall be
submitted to the law enforcement agency.
(b) Within 10 days of changing his or her residence address, any
person subject to Section 186.30 shall inform, in writing, the law
enforcement agency with whom he or she last registered of his or her
new address. If his or her new residence address is located within
the jurisdiction of a law enforcement agency other than the agency
where he or she last registered, he or she shall register with the
new law enforcement agency, in writing, within 10 days of the change
of residence.
(c) All registration requirements set forth in this article shall
terminate five years after the last imposition of a registration
requirement pursuant to Section 186.30.
(d) The statements, photographs and fingerprints required under
this section shall not be open to inspection by any person other than
a regularly employed peace or other law enforcement officer.
(e) Nothing in this section or Section 186.30 or 186.31 shall
preclude a court in its discretion from imposing the registration
requirements as set forth in those sections in a gang-related crime.



186.33. (a) Any person required to register pursuant to Section
186.30 who knowingly violates any of its provisions is guilty of a
misdemeanor.
(b) (1) Any person who knowingly fails to register pursuant to
Section 186.30 and is subsequently convicted of, or any person for
whom a petition is subsequently sustained for a violation of, any of
the offenses specified in Section 186.30, shall be punished by an
additional term of imprisonment in the state prison for 16 months, or
2, or 3 years. The court shall order imposition of the middle term
unless there are circumstances in aggravation or mitigation. The
court shall state its reasons for the enhancement choice on the
record at the time of sentencing.
(2) The existence of any fact bringing a person under this
subdivision shall be alleged in the information, indictment, or
petition, and be either admitted by the defendant or minor in open
court, or found to be true or not true by the trier of fact.
[/align]

[align=left]
HOMICIDE


187. (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
(b) This section shall not apply to any person who commits an act
that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician's and surgeon'
s certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be
death of the mother of the fetus or where her death from childbirth,
although not medically certain, would be substantially certain or
more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the
mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the
prosecution of any person under any other provision of law.



188. Such malice may be express or implied. It is express when
there is manifested a deliberate intention unlawfully to take away
the life of a fellow creature. It is implied, when no considerable
provocation appears, or when the circumstances attending the killing
show an abandoned and malignant heart.
When it is shown that the killing resulted from the intentional
doing of an act with express or implied malice as defined above, no
other mental state need be shown to establish the mental state of
malice aforethought. Neither an awareness of the obligation to act
within the general body of laws regulating society nor acting despite
such awareness is included within the definition of malice.



189. All murder which is perpetrated by means of a destructive
device or explosive, a weapon of mass destruction, knowing use of
ammunition designed primarily to penetrate metal or armor, poison,
lying in wait, torture, or by any other kind of willful, deliberate,
and premeditated killing, or which is committed in the perpetration
of, or attempt to perpetrate, arson, rape, carjacking, robbery,
burglary, mayhem, kidnapping, train wrecking, or any act punishable
under Section 206, 286, 288, 288a, or 289, or any murder which is
perpetrated by means of discharging a firearm from a motor vehicle,
intentionally at another person outside of the vehicle with the
intent to inflict death, is murder of the first degree. All other
kinds of murders are of the second degree.
As used in this section, "destructive device" means any
destructive device as defined in Section 12301, and "explosive" means
any explosive as defined in Section 12000 of the Health and Safety
Code.
As used in this section, "weapon of mass destruction" means any
item defined in Section 11417.
To prove the killing was "deliberate and premeditated," it shall
not be necessary to prove the defendant maturely and meaningfully
reflected upon the gravity of his or her act.



189.5. (a) Upon a trial for murder, the commission of the homicide
by the defendant being proved, the burden of proving circumstances of
mitigation, or that justify or excuse it, devolves upon the
defendant, unless the proof on the part of the prosecution tends to
show that the crime committed only amounts to manslaughter, or that
the defendant was justifiable or excusable.
(b) Nothing in this section shall apply to or affect any
proceeding under Section 190.3 or 190.4.




190. (a) Every person guilty of murder in the first degree shall be
punished by death, imprisonment in the state prison for life without
the possibility of parole, or imprisonment in the state prison for a
term of 25 years to life. The penalty to be applied shall be
determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and
190.5.
Except as provided in subdivision (b), (c), or (d), every person
guilty of murder in the second degree shall be punished by
imprisonment in the state prison for a term of 15 years to life.
(b) Except as provided in subdivision (c), every person guilty of
murder in the second degree shall be punished by imprisonment in the
state prison for a term of 25 years to life if the victim was a peace
officer, as defined in subdivision (a) of Section 830.1, subdivision
(a), (b), or (c) of Section 830.2, subdivision (a) of Section
830.33, or Section 830.5, who was killed while engaged in the
performance of his or her duties, and the defendant knew, or
reasonably should have known, that the victim was a peace officer
engaged in the performance of his or her duties.
(c) Every person guilty of murder in the second degree shall be
punished by imprisonment in the state prison for a term of life
without the possibility of parole if the victim was a peace officer,
as defined in subdivision (a) of Section 830.1, subdivision (a), (b),
or (c) of Section 830.2, subdivision (a) of Section 830.33, or
Section 830.5, who was killed while engaged in the performance of his
or her duties, and the defendant knew, or reasonably should have
known, that the victim was a peace officer engaged in the performance
of his or her duties, and any of the following facts has been
charged and found true:
(1) The defendant specifically intended to kill the peace officer.

(2) The defendant specifically intended to inflict great bodily
injury, as defined in Section 12022.7, on a peace officer.
(3) The defendant personally used a dangerous or deadly weapon in
the commission of the offense, in violation of subdivision (b) of
Section 12022.
(4) The defendant personally used a firearm in the commission of
the offense, in violation of Section 12022.5.
(d) Every person guilty of murder in the second degree shall be
punished by imprisonment in the state prison for a term of 20 years
to life if the killing was perpetrated by means of shooting a firearm
from a motor vehicle, intentionally at another person outside of the
vehicle with the intent to inflict great bodily injury.
(e) Article 2.5 (commencing with Section 2930) of Chapter 7 of
Title 1 of Part 3 shall not apply to reduce any minimum term of a
sentence imposed pursuant to this section. A person sentenced
pursuant to this section shall not be released on parole prior to
serving the minimum term of confinement prescribed by this section.



190.03. (a) A person who commits first-degree murder that is a hate
crime shall be punished by imprisonment in the state prison for life
without the possibility of parole.
(b) The term authorized by subdivision (a) shall not apply unless
the allegation is charged in the accusatory pleading and admitted by
the defendant or found true by the trier of fact. The court shall
not strike the allegation, except in the interest of justice, in
which case the court shall state its reasons in writing for striking
the allegation.
(c) For the purpose of this section, "hate crime" has the same
meaning as in Section 422.55.
(d) Nothing in this section shall be construed to prevent
punishment instead pursuant to any other provision of law that
imposes a greater or more severe punishment.


190.05. (a) The penalty for a defendant found guilty of murder in
the second degree, who has served a prior prison term for murder in
the first or second degree, shall be confinement in the state prison
for a term of life without the possibility of parole or confinement
in the state prison for a term of 15 years to life. For purposes of
this section, a prior prison term for murder of the first or second
degree is that time period in which a defendant has spent actually
incarcerated for his or her offense prior to release on parole.
(b) A prior prison term for murder for purposes of this section
includes either of the following:
(1) A prison term served in any state prison or federal penal
institution, including confinement in a hospital or other institution
or facility credited as service of prison time in the jurisdiction
of confinement, as punishment for the commission of an offense which
includes all of the elements of murder in the first or second degree
as defined under California law.
(2) Incarceration at a facility operated by the Youth Authority
for murder of the first or second degree when the person was subject
to the custody, control, and discipline of the Director of
Corrections.
(c) The fact of a prior prison term for murder in the first or
second degree shall be alleged in the accusatory pleading, and either
admitted by the defendant in open court, or found to be true by the
jury trying the issue of guilt or by the court where guilt is
established by a plea of guilty or nolo contendere or by trial by the
court sitting without a jury.
(d) In case of a reasonable doubt as to whether the defendant
served a prior prison term for murder in the first or second degree,
the defendant is entitled to a finding that the allegation is not
true.
(e) If the trier of fact finds that the defendant has served a
prior prison term for murder in the first or second degree, there
shall be a separate penalty hearing before the same trier of fact,
except as provided in subdivision (f).
(f) If the defendant was convicted by the court sitting without a
jury, the trier of fact at the penalty hearing shall be a jury unless
a jury is waived by the defendant and the people, in which case the
trier of fact shall be the court. If the defendant was convicted by
a plea of guilty or nolo contendere, the trier of fact shall be a
jury unless a jury is waived by the defendant and the people.
If the trier of fact is a jury and has been unable to reach a
unanimous verdict as to what the penalty shall be, the court shall
dismiss the jury and shall order a new jury impaneled to try the
issue as to what the penalty shall be. If the new jury is unable to
reach a unanimous verdict as to what the penalty shall be, the court
in its discretion shall either order a new jury or impose a
punishment of confinement in the state prison for a term of 15 years
to life.
(g) Evidence presented at any prior phase of the trial, including
any proceeding under a plea of not guilty by reason of insanity
pursuant to Section 1026, shall be considered at any subsequent phase
of the trial, if the trier of fact of the prior phase is the same
trier of fact at the subsequent phase.
(h) In the proceeding on the question of penalty, evidence may be
presented by both the people and the defendant as to any matter
relevant to aggravation, mitigation, and sentence, including, but not
limited to, the nature and circumstances of the present offense, any
prior felony conviction or convictions whether or not such
conviction or convictions involved a crime of violence, the presence
or absence of other criminal activity by the defendant which involved
the use or attempted use of force or violence or which involved the
express or implied threat to use force or violence, and the defendant'
s character, background, history, mental condition, and physical
condition.
However, no evidence shall be admitted regarding other criminal
activity by the defendant which did not involve the use or attempted
use of force or violence or which did not involve the express or
implied threat to use force or violence. As used in this section,
criminal activity does not require a conviction.
However, in no event shall evidence of prior criminal activity be
admitted for an offense for which the defendant was prosecuted and
acquitted. The restriction on the use of this evidence is intended
to apply only to proceedings pursuant to this section and is not
intended to affect statutory or decisional law allowing such evidence
to be used in any other proceedings.
Except for evidence in proof of the offense or the prior prison
term for murder of the first or second degree which subjects a
defendant to the punishment of life without the possibility of
parole, no evidence may be presented by the prosecution in
aggravation unless notice of the evidence to be introduced has been
given to the defendant within a reasonable period of time as
determined by the court, prior to trial. Evidence may be introduced
without such notice in rebuttal to evidence introduced by the
defendant in mitigation.
In determining the penalty, the trier of fact shall take into
account any of the following factors if relevant:
(1) The circumstances of the crime of which the defendant was
convicted in the present proceeding and the existence of the prior
prison term for murder.
(2) The presence or absence of criminal activity by the defendant
which involved the use or attempted use of force or violence or the
express or implied threat to use force or violence.
(3) The presence or absence of any prior felony conviction.
(4) Whether or not the offense was committed while the defendant
was under the influence of extreme mental or emotional disturbance.
(5) Whether or not the victim was a participant in the defendant's
homicidal conduct or consented to the homicidal act.
(6) Whether or not the offense was committed under circumstances
which the defendant reasonably believed to be a moral justification
or extenuation for his or her conduct.
(7) Whether or not the defendant acted under extreme duress or
under the substantial domination of another person.
(8) Whether or not at the time of the offense the ability of the
defendant to appreciate the criminality of his or her conduct or to
conform his or her conduct to the requirements of law was impaired as
a result of mental disease or defect, or the effects of
intoxication.
(9) The age of the defendant at the time of the crime.
(10) Whether or not the defendant was an accomplice to the offense
and his or her participation in the commission of the offense was
relatively minor.
(11) Any other circumstance which extenuates the gravity of the
crime even though it is not a legal excuse for the crime.
After having heard and received all of the evidence, and after
having heard and considered the arguments of counsel, the trier of
fact shall consider, take into account, and be guided by the
aggravating and mitigating circumstances referred to in this section,
and shall impose a sentence of life without the possibility of
parole if the trier of fact concludes that the aggravating
circumstances outweigh the mitigating circumstances. If the trier of
fact determines that the mitigating circumstances outweigh the
aggravating circumstances, the trier of fact shall impose a sentence
of confinement in the state prison for 15 years to life.
(i) Nothing in this section shall be construed to prohibit the
charging of finding of any special circumstance pursuant to Sections
190.1, 190.2, 190.3, 190.4, and 190.5.



190.1. A case in which the death penalty may be imposed pursuant to
this chapter shall be tried in separate phases as follows:
(a) The question of the defendant's guilt shall be first
determined. If the trier of fact finds the defendant guilty of first
degree murder, it shall at the same time determine the truth of all
special circumstances charged as enumerated in Section 190.2 except
for a special circumstance charged pursuant to paragraph (2) of
subdivision (a) of Section 190.2 where it is alleged that the
defendant had been convicted in a prior proceeding of the offense of
murder in the first or second degree.
(b) If the defendant is found guilty of first degree murder and
one of the special circumstances is charged pursuant to paragraph (2)
of subdivision (a) of Section 190.2 which charges that the defendant
had been convicted in a prior proceeding of the offense of murder of
the first or second degree, there shall thereupon be further
proceedings on the question of the truth of such special
circumstance.
(c) If the defendant is found guilty of first degree murder and
one or more special circumstances as enumerated in Section 190.2 has
been charged and found to be true, his sanity on any plea of not
guilty by reason of insanity under Section 1026 shall be determined
as provided in Section 190.4. If he is found to be sane, there shall
thereupon be further proceedings on the question of the penalty to
be imposed. Such proceedings shall be conducted in accordance with
the provisions of Section 190.3 and 190.4.



190.2. (a) The penalty for a defendant who is found guilty of
murder in the first degree is death or imprisonment in the state
prison for life without the possibility of parole if one or more of
the following special circumstances has been found under Section
190.4 to be true:
(1) The murder was intentional and carried out for financial gain.

(2) The defendant was convicted previously of murder in the first
or second degree. For the purpose of this paragraph, an offense
committed in another jurisdiction, which if committed in California
would be punishable as first or second degree murder, shall be deemed
murder in the first or second degree.
(3) The defendant, in this proceeding, has been convicted of more
than one offense of murder in the first or second degree.
(4) The murder was committed by means of a destructive device,
bomb, or explosive planted, hidden, or concealed in any place, area,
dwelling, building, or structure, and the defendant knew, or
reasonably should have known, that his or her act or acts would
create a great risk of death to one or more human beings.
(5) The murder was committed for the purpose of avoiding or
preventing a lawful arrest, or perfecting or attempting to perfect,
an escape from lawful custody.
(6) The murder was committed by means of a destructive device,
bomb, or explosive that the defendant mailed or delivered, attempted
to mail or deliver, or caused to be mailed or delivered, and the
defendant knew, or reasonably should have known, that his or her act
or acts would create a great risk of death to one or more human
beings.
(7) The victim was a peace officer, as defined in Section 830.1,
830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37,
830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged
in the course of the performance of his or her duties, was
intentionally killed, and the defendant knew, or reasonably should
have known, that the victim was a peace officer engaged in the
performance of his or her duties; or the victim was a peace officer,
as defined in the above-enumerated sections, or a former peace
officer under any of those sections, and was intentionally killed in
retaliation for the performance of his or her official duties.
(8) The victim was a federal law enforcement officer or agent who,
while engaged in the course of the performance of his or her duties,
was intentionally killed, and the defendant knew, or reasonably
should have known, that the victim was a federal law enforcement
officer or agent engaged in the performance of his or her duties; or
the victim was a federal law enforcement officer or agent, and was
intentionally killed in retaliation for the performance of his or her
official duties.
(9) The victim was a firefighter, as defined in Section 245.1,
who, while engaged in the course of the performance of his or her
duties, was intentionally killed, and the defendant knew, or
reasonably should have known, that the victim was a firefighter
engaged in the performance of his or her duties.
(10) The victim was a witness to a crime who was intentionally
killed for the purpose of preventing his or her testimony in any
criminal or juvenile proceeding, and the killing was not committed
during the commission or attempted commission, of the crime to which
he or she was a witness; or the victim was a witness to a crime and
was intentionally killed in retaliation for his or her testimony in
any criminal or juvenile proceeding. As used in this paragraph,
"juvenile proceeding" means a proceeding brought pursuant to Section
602 or 707 of the Welfare and Institutions Code.
(11) The victim was a prosecutor or assistant prosecutor or a
former prosecutor or assistant prosecutor of any local or state
prosecutor's office in this or any other state, or of a federal
prosecutor's office, and the murder was intentionally carried out in
retaliation for, or to prevent the performance of, the victim's
official duties.
(12) The victim was a judge or former judge of any court of record
in the local, state, or federal system in this or any other state,
and the murder was intentionally carried out in retaliation for, or
to prevent the performance of, the victim's official duties.
(13) The victim was an elected or appointed official or former
official of the federal government, or of any local or state
government of this or any other state, and the killing was
intentionally carried out in retaliation for, or to prevent the
performance of, the victim's official duties.
(14) The murder was especially heinous, atrocious, or cruel,
manifesting exceptional depravity. As used in this section, the
phrase "especially heinous, atrocious, or cruel, manifesting
exceptional depravity" means a conscienceless or pitiless crime that
is unnecessarily torturous to the victim.
(15) The defendant intentionally killed the victim by means of
lying in wait.
(16) The victim was intentionally killed because of his or her
race, color, religion, nationality, or country of origin.
(17) The murder was committed while the defendant was engaged in,
or was an accomplice in, the commission of, attempted commission of,
or the immediate flight after committing, or attempting to commit,
the following felonies:
(A) Robbery in violation of Section 211 or 212.5.
(B) Kidnapping in violation of Section 207, 209, or 209.5.
(C) Rape in violation of Section 261.
(D) Sodomy in violation of Section 286.
(E) The performance of a lewd or lascivious act upon the person of
a child under the age of 14 years in violation of Section 288.
(F) Oral copulation in violation of Section 288a.
(G) Burglary in the first or second degree in violation of Section
460.
(H) Arson in violation of subdivision (b) of Section 451.
(I) Train wrecking in violation of Section 219.
(J) Mayhem in violation of Section 203.
(K) Rape by instrument in violation of Section 289.
(L) Carjacking, as defined in Section 215.
(M) To prove the special circumstances of kidnapping in
subparagraph (B), or arson in subparagraph (H), if there is specific
intent to kill, it is only required that there be proof of the
elements of those felonies. If so established, those two special
circumstances are proven even if the felony of kidnapping or arson is
committed primarily or solely for the purpose of facilitating the
murder.
(18) The murder was intentional and involved the infliction of
torture.
(19) The defendant intentionally killed the victim by the
administration of poison.
(20) The victim was a juror in any court of record in the local,
state, or federal system in this or any other state, and the murder
was intentionally carried out in retaliation for, or to prevent the
performance of, the victim's official duties.
(21) The murder was intentional and perpetrated by means of
discharging a firearm from a motor vehicle, intentionally at another
person or persons outside the vehicle with the intent to inflict
death. For purposes of this paragraph, "motor vehicle" means any
vehicle as defined in Section 415 of the Vehicle Code.
(22) The defendant intentionally killed the victim while the
defendant was an active participant in a criminal street gang, as
defined in subdivision (f) of Section 186.22, and the murder was
carried out to further the activities of the criminal street gang.
(b) Unless an intent to kill is specifically required under
subdivision (a) for a special circumstance enumerated therein, an
actual killer, as to whom the special circumstance has been found to
be true under Section 190.4, need not have had any intent to kill at
the time of the commission of the offense which is the basis of the
special circumstance in order to suffer death or confinement in the
state prison for life without the possibility of parole.
(c) Every person, not the actual killer, who, with the intent to
kill, aids, abets, counsels, commands, induces, solicits, requests,
or assists any actor in the commission of murder in the first degree
shall be punished by death or imprisonment in the state prison for
life without the possibility of parole if one or more of the special
circumstances enumerated in subdivision (a) has been found to be true
under Section 190.4.
(d) Notwithstanding subdivision (c), every person, not the actual
killer, who, with reckless indifference to human life and as a major
participant, aids, abets, counsels, commands, induces, solicits,
requests, or assists in the commission of a felony enumerated in
paragraph (17) of subdivision (a) which results in the death of some
person or persons, and who is found guilty of murder in the first
degree therefor, shall be punished by death or imprisonment in the
state prison for life without the possibility of parole if a special
circumstance enumerated in paragraph (17) of subdivision (a) has been
found to be true under Section 190.4.
The penalty shall be determined as provided in this section and
Sections 190.1, 190.3, 190.4, and 190.5.




190.25. (a) The penalty for a defendant found guilty of murder in
the first degree shall be confinement in state prison for a term of
life without the possibility of parole in any case in which any of
the following special circumstances has been charged and specially
found under Section 190.4, to be true: the victim was the operator
or driver of a bus, taxicab, streetcar, cable car, trackless trolley,
or other motor vehicle operated on land, including a vehicle
operated on stationary rails or on a track or rail suspended in the
air, used for the transportation of persons for hire, or the victim
was a station agent or ticket agent for the entity providing such
transportation, who, while engaged in the course of the performance
of his or her duties was intentionally killed, and such defendant
knew or reasonably should have known that such victim was the
operator or driver of a bus, taxicab, streetcar, cable car, trackless
trolley, or other motor vehicle operated on land, including a
vehicle operated on stationary rails or on a track or rail suspended
in the air, used for the transportation of persons for hire, or was a
station agent or ticket agent for the entity providing such
transportation, engaged in the performance of his or her duties.
(b) Every person whether or not the actual killer found guilty of
intentionally aiding, abetting, counseling, commanding, inducing,
soliciting, requesting, or assisting any actor in the commission of
murder in the first degree shall suffer confinement in state prison
for a term of life without the possibility of parole, in any case in
which one or more of the special circumstances enumerated in
subdivision (a) of this section has been charged and specially found
under Section 190.4 to be true.
(c) Nothing in this section shall be construed to prohibit the
charging or finding of any special circumstance pursuant to Sections
190.1, 190.2, 190.3, 190.4, and 190.5.



190.3. If the defendant has been found guilty of murder in the
first degree, and a special circumstance has been charged and found
to be true, or if the defendant may be subject to the death penalty
after having been found guilty of violating subdivision (a) of
Section 1672 of the Military and Veterans Code or Sections 37, 128,
219, or 4500 of this code, the trier of fact shall determine whether
the penalty shall be death or confinement in state prison for a term
of life without the possibility of parole. In the proceedings on the
question of penalty, evidence may be presented by both the people
and the defendant as to any matter relevant to aggravation,
mitigation, and sentence including, but not limited to, the nature
and circumstances of the present offense, any prior felony conviction
or convictions whether or not such conviction or convictions
involved a crime of violence, the presence or absence of other
criminal activity by the defendant which involved the use or
attempted use of force or violence or which involved the express or
implied threat to use force or violence, and the defendant's
character, background, history, mental condition and physical
condition.
However, no evidence shall be admitted regarding other criminal
activity by the defendant which did not involve the use or attempted
use of force or violence or which did not involve the express or
implied threat to use force or violence. As used in this section,
criminal activity does not require a conviction.
However, in no event shall evidence of prior criminal activity be
admitted for an offense for which the defendant was prosecuted and
acquitted. The restriction on the use of this evidence is intended
to apply only to proceedings pursuant to this section and is not
intended to affect statutory or decisional law allowing such evidence
to be used in any other proceedings.
Except for evidence in proof of the offense or special
circumstances which subject a defendant to the death penalty, no
evidence may be presented by the prosecution in aggravation unless
notice of the evidence to be introduced has been given to the
defendant within a reasonable period of time as determined by the
court, prior to trial. Evidence may be introduced without such
notice in rebuttal to evidence introduced by the defendant in
mitigation.
The trier of fact shall be instructed that a sentence of
confinement to state prison for a term of life without the
possibility of parole may in future after sentence is imposed, be
commuted or modified to a sentence that includes the possibility of
parole by the Governor of the State of California.
In determining the penalty, the trier of fact shall take into
account any of the following factors if relevant:
(a) The circumstances of the crime of which the defendant was
convicted in the present proceeding and the existence of any special
circumstances found to be true pursuant to Section 190.1.
(b) The presence or absence of criminal activity by the defendant
which involved the use or attempted use of force or violence or the
express or implied threat to use force or violence.
(c) The presence or absence of any prior felony conviction.
(d) Whether or not the offense was committed while the defendant
was under the influence of extreme mental or emotional disturbance.
(e) Whether or not the victim was a participant in the defendant's
homicidal conduct or consented to the homicidal act.
(f) Whether or not the offense was committed under circumstances
which the defendant reasonably believed to be a moral justification
or extenuation for his conduct.
(g) Whether or not defendant acted under extreme duress or under
the substantial domination of another person.
(h) Whether or not at the time of the offense the capacity of the
defendant to appreciate the criminality of his conduct or to conform
his conduct to the requirements of law was impaired as a result of
mental disease or defect, or the affects of intoxication.
(i) The age of the defendant at the time of the crime.
(j) Whether or not the defendant was an accomplice to the offense
and his participation in the commission of the offense was relatively
minor.
(k) Any other circumstance which extenuates the gravity of the
crime even though it is not a legal excuse for the crime.
After having heard and received all of the evidence, and after
having heard and considered the arguments of counsel, the trier of
fact shall consider, take into account and be guided by the
aggravating and mitigating circumstances referred to in this section,
and shall impose a sentence of death if the trier of fact concludes
that the aggravating circumstances outweigh the mitigating
circumstances. If the trier of fact determines that the mitigating
circumstances outweigh the aggravating circumstances the trier of
fact shall impose a sentence of confinement in state prison for a
term of life without the possibility of parole.



190.4. (a) Whenever special circumstances as enumerated in Section
190.2 are alleged and the trier of fact finds the defendant guilty of
first degree murder, the trier of fact shall also make a special
finding on the truth of each alleged special circumstance. The
determination of the truth of any or all of the special circumstances
shall be made by the trier of fact on the evidence presented at the
trial or at the hearing held pursuant to Subdivision (b) of Section
190.1.
In case of a reasonable doubt as to whether a special circumstance
is true, the defendant is entitled to a finding that is not true.
The trier of fact shall make a special finding that each special
circumstance charged is either true or not true. Whenever a special
circumstance requires proof of the commission or attempted commission
of a crime, such crime shall be charged and proved pursuant to the
general law applying to the trial and conviction of the crime.
If the defendant was convicted by the court sitting without a
jury, the trier of fact shall be a jury unless a jury is waived by
the defendant and by the people, in which case the trier of fact
shall be the court. If the defendant was convicted by a plea of
guilty, the trier of fact shall be a jury unless a jury is waived by
the defendant and by the people.
If the trier of fact finds that any one or more of the special
circumstances enumerated in Section 190.2 as charged is true, there
shall be a separate penalty hearing, and neither the finding that any
of the remaining special circumstances charged is not true, nor if
the trier of fact is a jury, the inability of the jury to agree on
the issue of the truth or untruth of any of the remaining special
circumstances charged, shall prevent the holding of a separate
penalty hearing.
In any case in which the defendant has been found guilty by a
jury, and the jury has been unable to reach an unanimous verdict that
one or more of the special circumstances charged are true, and does
not reach a unanimous verdict that all the special circumstances
charged are not true, the court shall dismiss the jury and shall
order a new jury impaneled to try the issues, but the issue of guilt
shall not be tried by such jury, nor shall such jury retry the issue
of the truth of any of the special circumstances which were found by
an unanimous verdict of the previous jury to be untrue. If such new
jury is unable to reach the unanimous verdict that one or more of the
special circumstances it is trying are true, the court shall dismiss
the jury and in the court's discretion shall either order a new jury
impaneled to try the issues the previous jury was unable to reach
the unanimous verdict on, or impose a punishment of confinement in
state prison for a term of 25 years.
(b) If defendant was convicted by the court sitting without a jury
the trier of fact at the penalty hearing shall be a jury unless a
jury is waived by the defendant and the people, in which case the
trier of fact shall be the court. If the defendant was convicted by
a plea of guilty, the trier of fact shall be a jury unless a jury is
waived by the defendant and the people.
If the trier of fact is a jury and has been unable to reach a
unanimous verdict as to what the penalty shall be, the court shall
dismiss the jury and shall order a new jury impaneled to try the
issue as to what the penalty shall be. If such new jury is unable to
reach a unanimous verdict as to what the penalty shall be, the court
in its discretion shall either order a new jury or impose a
punishment of confinement in state prison for a term of life without
the possibility of parole.
(c) If the trier of fact which convicted the defendant of a crime
for which he may be subject to the death penalty was a jury, the same
jury shall consider any plea of not guilty by reason of insanity
pursuant to Section 1026, the truth of any special circumstances
which may be alleged, and the penalty to be applied, unless for good
cause shown the court discharges that jury in which case a new jury
shall be drawn. The court shall state facts in support of the
finding of good cause upon the record and cause them to be entered
into the minutes.
(d) In any case in which the defendant may be subject to the death
penalty, evidence presented at any prior phase of the trial,
including any proceeding under a plea of not guilty by reason of
insanity pursuant to Section 1026 shall be considered an any
subsequent phase of the trial, if the trier of fact of the prior
phase is the same trier of fact at the subsequent phase.
(e) In every case in which the trier of fact has returned a
verdict or finding imposing the death penalty, the defendant shall be
deemed to have made an application for modification of such verdict
or finding pursuant to Subdivision 7 of Section 11. In ruling on the
application, the judge shall review the evidence, consider, take
into account, and be guided by the aggravating and mitigating
circumstances referred to in Section 190.3, and shall make a
determination as to whether the jury's findings and verdicts that the
aggravating circumstances outweigh the mitigating circumstances are
contrary to law or the evidence presented. The judge shall state on
the record the reasons for his findings.
The judge shall set forth the reasons for his ruling on the
application and direct that they be entered on the Clerk's minutes.
The denial of the modification of the death penalty verdict pursuant
to subdivision (7) of Section 1181 shall be reviewed on the defendant'
s automatic appeal pursuant to subdivision (b) of Section 1239. The
granting of the application shall be reviewed on the People's appeal
pursuant to paragraph (6).


190.41. Notwithstanding Section 190.4 or any other provision of
law, the corpus delicti of a felony-based special circumstance
enumerated in paragraph (17) of subdivision (a) of Section 190.2 need
not be proved independently of a defendant's extrajudicial
statement.



190.5. (a) Notwithstanding any other provision of law, the death
penalty shall not be imposed upon any person who is under the age of
18 at the time of the commission of the crime. The burden of proof
as to the age of such person shall be upon the defendant.
(b) The penalty for a defendant found guilty of murder in the
first degree, in any case in which one or more special circumstances
enumerated in Section 190.2 or 190.25 has been found to be true under
Section 190.4, who was 16 years of age or older and under the age of
18 years at the time of the commission of the crime, shall be
confinement in the state prison for life without the possibility of
parole or, at the discretion of the court, 25 years to life.
(c) The trier of fact shall determine the existence of any special
circumstance pursuant to the procedure set forth in Section 190.4.



190.6. (a) The Legislature finds that the sentence in all capital
cases should be imposed expeditiously.
(b) Therefore, in all cases in which a sentence of death has been
imposed on or after January 1, 1997, the opening appellate brief in
the appeal to the State Supreme Court shall be filed no later than
seven months after the certification of the record for completeness
under subdivision (d) of Section 190.8 or receipt by the appellant's
counsel of the completed record, whichever is later, except for good
cause. However, in those cases where the trial transcript exceeds
10,000 pages, the briefing shall be completed within the time limits
and pursuant to the procedures set by the rules of court adopted by
the Judicial Council.
(c) In all cases in which a sentence of death has been imposed on
or after January 1, 1997, it is the Legislature's goal that the
appeal be decided and an opinion reaching the merits be filed within
210 days of the completion of the briefing. However, where the
appeal and a petition for writ of habeas corpus is heard at the same
time, the petition should be decided and an opinion reaching the
merits should be filed within 210 days of the completion of the
briefing for the petition.
(d) The failure of the parties or the Supreme Court to meet or
comply with the time limit provided by this section shall not be a
ground for granting relief from a judgment of conviction or sentence
of death.



190.7. (a) The "entire record" referred to in Section 190.6
includes, but is not limited to, the following:
(1) The normal and additional record prescribed in the rules
adopted by the Judicial Council pertaining to an appeal taken by the
defendant from a judgment of conviction.
(2) A copy of any other paper or record on file or lodged with the
superior or municipal court and a transcript of any other oral
proceeding reported in the superior or municipal court pertaining to
the trial of the cause.
(b) Notwithstanding this section, the Judicial Council may adopt
rules, not inconsistent with the purpose of Section 190.6,
specifically pertaining to the content, preparation and certification
of the record on appeal when a judgment of death has been
pronounced.


190.8. (a) In any case in which a death sentence has been imposed,
the record on appeal shall be expeditiously certified in two stages,
the first for completeness and the second for accuracy, as provided
by this section. The trial court may use all reasonable means to
ensure compliance with all applicable statutes and rules of court
pertaining to record certification in capital appeals, including, but
not limited to, the imposition of sanctions.
(b) Within 30 days of the imposition of the death sentence, the
clerk of the superior court shall provide to trial counsel copies of
the clerk's transcript and shall deliver the transcript as provided
by the court reporter. Trial counsel shall promptly notify the court
if he or she has not received the transcript within 30 days.
(c) During the course of a trial in which the death penalty is
being sought, trial counsel shall alert the court's attention to any
errors in the transcripts incidentally discovered by counsel while
reviewing them in the ordinary course of trial preparation. The
court shall periodically request that trial counsel provide a list of
errors in the trial transcript during the course of trial and may
hold hearings in connection therewith.
Corrections to the record shall not be required to include
immaterial typographical errors that cannot conceivably cause
confusion.
(d) The trial court shall certify the record for completeness and
for incorporation of all corrections, as provided by subdivision (c),
no later than 90 days after entry of the imposition of the death
sentence unless good cause is shown. However, this time period may
be extended for proceedings in which the trial transcript exceeds
10,000 pages in accordance with the timetable set forth in, or for
good cause pursuant to the procedures set forth in, the rules of
court adopted by the Judicial Council.
(e) Following the imposition of the death sentence and prior to
the deadline set forth in subdivision (d), the trial court shall hold
one or more hearings for trial counsel to address the completeness
of the record and any outstanding errors that have come to their
attention and to certify that they have reviewed all docket sheets to
ensure that the record contains transcripts for any proceedings,
hearings, or discussions that are required to be reported and that
have occurred in the course of the case in any court, as well as all
documents required by this code and the rules adopted by the Judicial
Council.
(f) The clerk of the trial court shall deliver a copy of the
record on appeal to appellate counsel when the clerk receives notice
of counsel's appointment or retention, or when the record is
certified for completeness under subdivision (d), whichever is later.

(g) The trial court shall certify the record for accuracy no later
than 120 days after the record has been delivered to appellate
counsel. However, this time may be extended pursuant to the
timetable and procedures set forth in the rules of court adopted by
the Judicial Council. The trial court may hold one or more status
conferences for purposes of timely certification of the record for
accuracy, as set forth in the rules of court adopted by the Judicial
Council.
(h) The Supreme Court shall identify in writing to the Judicial
Council any case that has not met the time limit for certification of
the record for completeness under subdivision (d) or for accuracy
under subdivision (g), and shall identify those cases, and its
reasons, for which it has granted an extension of time. The Judicial
Council shall include this information in its annual report to the
Legislature.
(i) As used in this section, "trial counsel" means both the
prosecution and the defense counsel in the trial in which the
sentence of death has been imposed.
(j) This section shall be implemented pursuant to rules of court
adopted by the Judicial Council.
(k) This section shall only apply to those proceedings in which a
sentence of death has been imposed following a trial that was
commenced on or after January 1, 1997.



190.9. (a) (1) In any case in which a death sentence may be
imposed, all proceedings conducted in the superior court, including
all conferences and proceedings, whether in open court, in conference
in the courtroom, or in chambers, shall be conducted on the record
with a court reporter present. The court reporter shall prepare and
certify a daily transcript of all proceedings commencing with the
preliminary hearing. Proceedings prior to the preliminary hearing
shall be reported but need not be transcribed until the court
receives notice as prescribed in paragraph (2).
(2) Upon receiving notification from the prosecution that the
death penalty is being sought, the clerk shall order the
transcription and preparation of the record of all proceedings prior
to and including the preliminary hearing in the manner prescribed by
the Judicial Council in the rules of court. The record of all
proceedings prior to and including the preliminary hearing shall be
certified by the court no later than 120 days following notification
unless the time is extended pursuant to rules of court adopted by the
Judicial Council. Upon certification, the record of all proceedings
is incorporated into the superior court record.
(b) (1) The court shall assign a court reporter who uses
computer-aided transcription equipment to report all proceedings
under this section.
(2) Failure to comply with the requirements of this section
relating to the assignment of court reporters who use computer-aided
transcription equipment is not a ground for reversal.
(c) Any computer-readable transcript produced by court reporters
pursuant to this section shall conform to the requirements of Section
271 of the Code of Civil Procedure.



191. The rules of the common law, distinguishing the killing of a
master by his servant, and of a husband by his wife, as petit
treason, are abolished, and these offenses are homicides, punishable
in the manner prescribed by this Chapter.




191.5. (a) Gross vehicular manslaughter while intoxicated is the
unlawful killing of a human being without malice aforethought, in the
driving of a vehicle, where the driving was in violation of Section
23140, 23152, or 23153 of the Vehicle Code, and the killing was
either the proximate result of the commission of an unlawful act, not
amounting to a felony, and with gross negligence, or the proximate
result of the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence.
(b) Vehicular manslaughter while intoxicated is the unlawful
killing of a human being without malice aforethought, in the driving
of a vehicle, where the driving was in violation of Section 23140,
23152, or 23153 of the Vehicle Code, and the killing was either the
proximate result of the commission of an unlawful act, not amounting
to a felony, but without gross negligence, or the proximate result of
the commission of a lawful act that might produce death, in an
unlawful manner, but without gross negligence.
(c) (1) Except as provided in subdivision (d), gross vehicular
manslaughter while intoxicated in violation of subdivision (a) is
punishable by imprisonment in the state prison for 4, 6, or 10 years.

(2) Vehicular manslaughter while intoxicated in violation of
subdivision (b) is punishable by imprisonment in a county jail for
not more than one year or by imprisonment in the state prison for 16
months or 2 or 4 years.
(d) A person convicted of violating subdivision (a) who has one or
more prior convictions of this section or of paragraph (1) of
subdivision (c) of Section 192, subdivision (a) or (b) of Section
192.5 of this code, or of violating Section 23152 punishable under
Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted
of Section 23153 of, the Vehicle Code, shall be punished by
imprisonment in the state prison for a term of 15 years to life.
Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of
Part 3 shall apply to reduce the term imposed pursuant to this
subdivision.
(e) This section shall not be construed as prohibiting or
precluding a charge of murder under Section 188 upon facts exhibiting
wantonness and a conscious disregard for life to support a finding
of implied malice, or upon facts showing malice consistent with the
holding of the California Supreme Court in People v. Watson, 30 Cal.
3d 290.
(f) This section shall not be construed as making any homicide in
the driving of a vehicle or the operation of a vessel punishable
which is not a proximate result of the commission of an unlawful act,
not amounting to felony, or of the commission of a lawful act which
might produce death, in an unlawful manner.
(g) For the penalties in subdivision (d) to apply, the existence
of any fact required under subdivision (d) shall be alleged in the
information or indictment and either admitted by the defendant in
open court or found to be true by the trier of fact.



192. Manslaughter is the unlawful killing of a human being without
malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of passion.
(b) Involuntary--in the commission of an unlawful act, not
amounting to felony; or in the commission of a lawful act which might
produce death, in an unlawful manner, or without due caution and
circumspection. This subdivision shall not apply to acts committed in
the driving of a vehicle.
(c) Vehicular--
(1) Except as provided in subdivision (a) of Section 191.5,
driving a vehicle in the commission of an unlawful act, not amounting
to felony, and with gross negligence; or driving a vehicle in the
commission of a lawful act which might produce death, in an unlawful
manner, and with gross negligence.
(2) Driving a vehicle in the commission of an unlawful act, not
amounting to felony, but without gross negligence; or driving a
vehicle in the commission of a lawful act which might produce death,
in an unlawful manner, but without gross negligence.
(3) Driving a vehicle in connection with a violation of paragraph
(3) of subdivision (a) of Section 550, where the vehicular collision
or vehicular accident was knowingly caused for financial gain and
proximately resulted in the death of any person. This provision shall
not be construed to prevent prosecution of a defendant for the crime
of murder.
This section shall not be construed as making any homicide in the
driving of a vehicle punishable that is not a proximate result of the
commission of an unlawful act, not amounting to felony, or of the
commission of a lawful act which might produce death, in an unlawful
manner.
"Gross negligence," as used in this section, shall not be
construed as prohibiting or precluding a charge of murder under
Section 188 upon facts exhibiting wantonness and a conscious
disregard for life to support a finding of implied malice, or upon
facts showing malice, consistent with the holding of the California
Supreme Court in People v. Watson, 30 Cal. 3d 290.



192.5. Vehicular manslaughter pursuant to subdivision (b) of
Section 191.5 and subdivision (c) of Section 192 is the unlawful
killing of a human being without malice aforethought, and includes:
(a) Operating a vessel in violation of subdivision (b), (c), (d),
(e), or (f) of Section 655 of the Harbors and Navigation Code, and in
the commission of an unlawful act, not amounting to felony, and with
gross negligence; or operating a vessel in violation of subdivision
(b), (c), (d), (e), or (f) of Section 655 of the Harbors and
Navigation Code, and in the commission of a lawful act that might
produce death, in an unlawful manner, and with gross negligence.
(b) Operating a vessel in violation of subdivision (b), (c), (d),
(e), or (f) of Section 655 of the Harbors and Navigation Code, and in
the commission of an unlawful act, not amounting to felony, but
without gross negligence; or operating a vessel in violation of
subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors
and Navigation Code, and in the commission of a lawful act that might
produce death, in an unlawful manner, but without gross negligence.

(c) Operating a vessel in the commission of an unlawful act, not
amounting to a felony, and with gross negligence; or operating a
vessel in the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence.
(d) Operating a vessel in the commission of an unlawful act, not
amounting to a felony, but without gross negligence; or operating a
vessel in the commission of a lawful act that might produce death, in
an unlawful manner, but without gross negligence.
(e) A person who flees the scene of the crime after committing a
violation of subdivision (a), (b), or (c), upon conviction, in
addition and consecutive to the punishment prescribed, shall be
punished by an additional term of imprisonment of five years in the
state prison. This additional term shall not be imposed unless the
allegation is charged in the accusatory pleading and admitted by the
defendant or found to be true by the trier of fact. The court shall
not strike a finding that brings a person within the provisions of
this subdivision or an allegation made pursuant to this subdivision.




193. (a) Voluntary manslaughter is punishable by imprisonment in
the state prison for 3, 6, or 11 years.
(b) Involuntary manslaughter is punishable by imprisonment in the
state prison for two, three, or four years.
(c) Vehicular manslaughter is punishable as follows:
(1) A violation of paragraph (1) of subdivision (c) of Section 192
is punishable either by imprisonment in the county jail for not more
than one year or by imprisonment in the state prison for two, four,
or six years.
(2) A violation of paragraph (2) of subdivision (c) of Section 192
is punishable by imprisonment in the county jail for not more than
one year.
(3) A violation of paragraph (3) of subdivision (c) of Section 192
is punishable by imprisonment in the state prison for 4, 6, or 10
years.


193.5. Manslaughter committed during the operation of a vessel is
punishable as follows:
(a) A violation of subdivision (a) of Section 192.5 is punishable
by imprisonment in the state prison for 4, 6, or ten years.
(b) A violation of subdivision (b) of Section 192.5 is punishable
by imprisonment in a county jail for not more than one year or by
imprisonment in the state prison for 16 months or 2 or 4 years.
(c) A violation of subdivision (c) of Section 192.5 is punishable
either by imprisonment in the county jail for not more than one year
or by imprisonment in the state prison for two, four, or six years.
(d) A violation of subdivision (d) of Section 192.5 is punishable
by imprisonment in the county jail for not more than one year.



193.7. A person convicted of a violation of subdivision (b) of
Section 191.5 that occurred within seven years of two or more
separate violations of Section 23103, as specified in Section
23103.5, of, or Section 23152 or 23153 of, the Vehicle Code, or any
combination thereof, that resulted in convictions, shall be
designated as an habitual traffic offender subject to paragraph (3)
of subdivision (e) of Section 14601.3 of the Vehicle Code, for a
period of three years, subsequent to the conviction. The person shall
be advised of this designation pursuant to subdivision (b) of
Section 13350 of the Vehicle Code.



193.8. (a) An adult, who is the registered owner of a motor vehicle
or in possession of a motor vehicle, shall not relinquish possession
of the vehicle to a minor for the purpose of driving if the
following conditions exist:
(1) The adult owner or person in possession of the vehicle knew or
reasonably should have known that the minor was intoxicated at the
time possession was relinquished.
(2) A petition was sustained or the minor was convicted of a
violation of Section 23103 as specified in Section 23103.5, 23140,
23152, or 23153 of the Vehicle Code or a violation of Section 191.5
or subdivision (a) of Section 192.5.
(3) The minor does not otherwise have a lawful right to possession
of the vehicle.
(b) The offense described in subdivision (a) shall not apply to
commercial bailments, motor vehicle leases, or parking arrangements,
whether or not for compensation, provided by hotels, motels, or food
facilities for customers, guests, or other invitees thereof. For
purposes of this subdivision, hotel and motel shall have the same
meaning as in subdivision (b) of Section 25503.16 of the Business and
Professions Code and food facility shall have the same meaning as in
Section 113785 of the Health and Safety Code.
(c) If an adult is convicted of the offense described in
subdivision (a), that person shall be punished by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment in a
county jail not exceeding six months, or by both the fine and
imprisonment. An adult convicted of the offense described in
subdivision (a) shall not be subject to driver's license suspension
or revocation or attendance at a licensed alcohol or drug education
and counseling program for persons who drive under the influence.




194. To make the killing either murder or manslaughter, it is not
requisite that the party die within three years and a day after the
stroke received or the cause of death administered. If death occurs
beyond the time of three years and a day, there shall be a rebuttable
presumption that the killing was not criminal. The prosecution
shall bear the burden of overcoming this presumption. In the
computation of time, the whole of the day on which the act was done
shall be reckoned the first.



195. Homicide is excusable in the following cases:
1. When committed by accident and misfortune, or in doing any
other lawful act by lawful means, with usual and ordinary caution,
and without any unlawful intent.
2. When committed by accident and misfortune, in the heat of
passion, upon any sudden and sufficient provocation, or upon a sudden
combat, when no undue advantage is taken, nor any dangerous weapon
used, and when the killing is not done in a cruel or unusual manner.




196. Homicide is justifiable when committed by public officers and
those acting by their command in their aid and assistance, either--
1. In obedience to any judgment of a competent Court; or,
2. When necessarily committed in overcoming actual resistance to
the execution of some legal process, or in the discharge of any other
legal duty; or,
3. When necessarily committed in retaking felons who have been
rescued or have escaped, or when necessarily committed in arresting
persons charged with felony, and who are fleeing from justice or
resisting such arrest.



197. Homicide is also justifiable when committed by any person in
any of the following cases:
1. When resisting any attempt to murder any person, or to commit a
felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person,
against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against one who manifestly intends
and endeavors, in a violent, riotous or tumultuous manner, to enter
the habitation of another for the purpose of offering violence to any
person therein; or,
3. When committed in the lawful defense of such person, or of a
wife or husband, parent, child, master, mistress, or servant of such
person, when there is reasonable ground to apprehend a design to
commit a felony or to do some great bodily injury, and imminent
danger of such design being accomplished; but such person, or the
person in whose behalf the defense was made, if he was the assailant
or engaged in mutual combat, must really and in good faith have
endeavored to decline any further struggle before the homicide was
committed; or,
4. When necessarily committed in attempting, by lawful ways and
means, to apprehend any person for any felony committed, or in
lawfully suppressing any riot, or in lawfully keeping and preserving
the peace.


198. A bare fear of the commission of any of the offenses mentioned
in subdivisions 2 and 3 of Section 197, to prevent which homicide
may be lawfully committed, is not sufficient to justify it. But the
circumstances must be sufficient to excite the fears of a reasonable
person, and the party killing must have acted under the influence of
such fears alone.



198.5. Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.

As used in this section, great bodily injury means a significant
or substantial physical injury.



199. The homicide appearing to be justifiable or excusable, the
person indicted must, upon his trial, be fully acquitted and
discharged.
[/align]