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الموضوع: "u.s.a"california penal code

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  1. #1

    افتراضي Of crimes by and against the executive power of the state

    [align=left]67. Every person who gives or offers any bribe to any executive
    officer in this state, with intent to influence him in respect to any
    act, decision, vote, opinion, or other proceeding as such officer,
    is punishable by imprisonment in the state prison for two, three or
    four years, and is disqualified from holding any office in this
    state.



    67.5. (a) Every person who gives or offers as a bribe to any
    ministerial officer, employee, or appointee of the State of
    California, county or city therein, or political subdivision thereof,
    any thing the theft of which would be petty theft is guilty of a
    misdemeanor.
    (b) If the theft of the thing given or offered would be grand
    theft the offense is a felony.



    68. (a) Every executive or ministerial officer, employee, or
    appointee of the State of California, a county or city therein, or a
    political subdivision thereof, who asks, receives, or agrees to
    receive, any bribe, upon any agreement or understanding that his or
    her vote, opinion, or action upon any matter then pending, or that
    may be brought before him or her in his or her official capacity,
    shall be influenced thereby, is punishable by imprisonment in the
    state prison for two, three, or four years and, in cases in which no
    bribe has been actually received, by a restitution fine of not less
    than two thousand dollars ($2,000) or not more than ten thousand
    dollars ($10,000) or, in cases in which a bribe was actually
    received, by a restitution fine of at least the actual amount of the
    bribe received or two thousand dollars ($2,000), whichever is
    greater, or any larger amount of not more than double the amount of
    any bribe received or ten thousand dollars ($10,000), whichever is
    greater, and, in addition thereto, forfeits his or her office,
    employment, or appointment, and is forever disqualified from holding
    any office, employment, or appointment, in this state.
    (b) In imposing a restitution fine pursuant to this section, the
    court shall consider the defendant's ability to pay the fine.



    69. Every person who attempts, by means of any threat or violence,
    to deter or prevent an executive officer from performing any duty
    imposed upon such officer by law, or who knowingly resists, by the
    use of force or violence, such officer, in the performance of his
    duty, 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.



    70. (a) Every executive or ministerial officer, employee, or
    appointee of the State of California, or any county or city therein,
    or any political subdivision thereof, who knowingly asks, receives,
    or agrees to receive any emolument, gratuity, or reward, or any
    promise thereof excepting such as may be authorized by law for doing
    an official act, is guilty of a misdemeanor.
    (b) This section does not prohibit deputy registrars of voters
    from receiving compensation when authorized by local ordinance from
    any candidate, political committee, or statewide political
    organization for securing the registration of voters.
    (c) (1) Nothing in this section precludes a peace officer, as
    defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
    Part 2, from engaging in, or being employed in, casual or part-time
    employment as a private security guard or patrolman for a public
    entity while off duty from his or her principal employment and
    outside his or her regular employment as a peace officer of a state
    or local agency, and exercising the powers of a peace officer
    concurrently with that employment, provided that the peace officer is
    in a police uniform and is subject to reasonable rules and
    regulations of the agency for which he or she is a peace officer.
    Notwithstanding the above provisions, any and all civil and criminal
    liability arising out of the secondary employment of any peace
    officer pursuant to this subdivision shall be borne by the officer's
    secondary employer.
    (2) It is the intent of the Legislature by this subdivision to
    abrogate the holdings in People v. Corey, 21 Cal.3d 738, and
    Cervantez v. J.C. Penney Co., 24 Cal.3d 579, to reinstate prior
    judicial interpretations of this section as they relate to criminal
    sanctions for battery on peace officers who are employed, on a
    part-time or casual basis, by a public entity, while wearing a police
    uniform as private security guards or patrolmen, and to allow the
    exercise of peace officer powers concurrently with that employment.
    (d) (1) Nothing in this section precludes a peace officer, as
    defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
    Part 2, from engaging in, or being employed in, casual or part-time
    employment as a private security guard or patrolman by a private
    employer while off duty from his or her principal employment and
    outside his or her regular employment as a peace officer, and
    exercising the powers of a peace officer concurrently with that
    employment, provided that all of the following are true:
    (A) The peace officer is in his or her police uniform.
    (B) The casual or part-time employment as a private security guard
    or patrolman is approved by the county board of supervisors with
    jurisdiction over the principal employer or by the board's designee
    or by the city council with jurisdiction over the principal employer
    or by the council's designee.
    (C) The wearing of uniforms and equipment is approved by the
    principal employer.
    (D) The peace officer is subject to reasonable rules and
    regulations of the agency for which he or she is a peace officer.
    (2) Notwithstanding the above provisions, a peace officer while
    off duty from his or her principal employment and outside his or her
    regular employment as a peace officer of a state or local agency
    shall not exercise the powers of a police officer if employed by a
    private employer as a security guard during a strike, lockout,
    picketing, or other physical demonstration of a labor dispute at the
    site of the strike, lockout, picketing, or other physical
    demonstration of a labor dispute. The issue of whether or not casual
    or part-time employment as a private security guard or patrolman
    pursuant to this subdivision is to be approved shall not be a subject
    for collective bargaining. Any and all civil and criminal liability
    arising out of the secondary employment of any peace officer
    pursuant to this subdivision shall be borne by the officer's
    principal employer. The principal employer shall require the
    secondary employer to enter into an indemnity agreement as a
    condition of approving casual or part-time employment pursuant to
    this subdivision.
    (3) It is the intent of the Legislature by this subdivision to
    abrogate the holdings in People v. Corey, 21 Cal. 3d 738, and
    Cervantez v. J. C. Penney Co., 24 Cal. 3d 579, to reinstate prior
    judicial interpretations of this section as they relate to criminal
    sanctions for battery on peace officers who are employed, on a
    part-time or casual basis, while wearing a police uniform approved by
    the principal employer, as private security guards or patrolmen, and
    to allow the exercise of peace officer powers concurrently with that
    employment.
    (e) (1) Nothing in this section precludes a peace officer, as
    defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
    Part 2, from engaging in, or being employed in, other employment
    while off duty from his or her principal employment and outside his
    or her regular employment as a peace officer of a state or local
    agency.
    (2) Subject to subdivisions (c) and (d), and except as provided by
    written regulations or policies adopted by the employing state or
    local agency, or pursuant to an agreement between the employing state
    or local agency and a recognized employee organization representing
    the peace officer, no peace officer shall be prohibited from engaging
    in, or being employed in, other employment while off duty from his
    or her principal employment and outside his or her regular employment
    as a peace officer of a state or local agency.
    (3) If an employer withholds consent to allow a peace officer to
    engage in or be employed in other employment while off duty, the
    employer shall, at the time of denial, provide the reasons for denial
    in writing to the peace officer.



    70.5. Every commissioner of civil marriages or every deputy
    commissioner of civil marriages who accepts any money or other thing
    of value for performing any marriage pursuant to Section 401 of the
    Family Code, including any money or thing of value voluntarily
    tendered by the persons about to be married or who have been married
    by the commissioner of civil marriages or deputy commissioner of
    civil marriages, other than a fee expressly imposed by law for
    performance of a marriage, whether the acceptance occurs before or
    after performance of the marriage and whether or not performance of
    the marriage is conditioned on the giving of such money or the thing
    of value by the persons being married, is guilty of a misdemeanor.
    It is not a necessary element of the offense described by this
    section that the acceptance of the money or other thing of value be
    committed with intent to commit extortion or with other criminal
    intent.
    This section does not apply to the request or acceptance by any
    retired commissioner of civil marriages of a fee for the performance
    of a marriage.
    This section is inapplicable to the acceptance of a fee for the
    performance of a marriage on Saturday, Sunday, or a legal holiday.




    71. Every person who, with intent to cause, attempts to cause, or
    causes, any officer or employee of any public or private educational
    institution or any public officer or employee to do, or refrain from
    doing, any act in the performance of his duties, by means of a
    threat, directly communicated to such person, to inflict an unlawful
    injury upon any person or property, and it reasonably appears to the
    recipient of the threat that such threat could be carried out, is
    guilty of a public offense punishable as follows:
    (1) Upon a first conviction, such 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.
    (2) If such person has been previously convicted of a violation of
    this section, such previous conviction shall be charged in the
    accusatory pleading, and if such previous conviction is found to be
    true by the jury, upon a jury trial, or by the court, upon a court
    trial, or is admitted by the defendant, he is punishable by
    imprisonment in the state prison.
    As used in this section, "directly communicated" includes, but is
    not limited to, a communication to the recipient of the threat by
    telephone, telegraph, or letter.



    72. Every person who, with intent to defraud, presents for
    allowance or for payment to any state board or officer, or to any
    county, city, or district board or officer, authorized to allow or
    pay the same if genuine, any false or fraudulent claim, bill,
    account, voucher, or writing, is punishable either by imprisonment in
    the county jail for a period of not more than one year, by a fine of
    not exceeding one thousand dollars ($1,000), or by both such
    imprisonment and fine, or by imprisonment in the state prison, by a
    fine of not exceeding ten thousand dollars ($10,000), or by both such
    imprisonment and fine.
    As used in this section "officer" includes a "carrier," as defined
    in subdivision (a) of Section 14124.70 of the Welfare and
    Institutions Code, authorized to act as an agent for a state board or
    officer or a county, city, or district board or officer, as the case
    may be.



    72.5. (a) Every person who, knowing a claim seeks public funds for
    reimbursement of costs incurred in attending a political function
    organized to support or oppose any political party or political
    candidate, presents such a claim for allowance or for payment to any
    state board or officer, or to any county, city, or district board or
    officer authorized to allow or pay such claims, is punishable either
    by imprisonment in the county jail for a period of not more than one
    year, by a fine of not exceeding one thousand dollars ($1,000), or by
    both such imprisonment and fine, or by imprisonment in the state
    prison, by a fine of not exceeding ten thousand dollars ($10,000), or
    by both such imprisonment and fine.
    (b) Every person who, knowing a claim seeks public funds for
    reimbursement of costs incurred to gain admittance to a political
    function expressly organized to support or oppose any ballot measure,
    presents such a claim for allowance or for payment to any state
    board or officer, or to any county, city, or district board or
    officer authorized to allow or pay such claims is punishable either
    by imprisonment in the county jail for a period of not more than one
    year, by a fine of not exceeding one thousand dollars ($1,000), or by
    both such imprisonment and fine, or by imprisonment in the state
    prison, by a fine of not exceeding ten thousand dollars ($10,000), or
    by both such imprisonment and fine.



    73. Every person who gives or offers any gratuity or reward, in
    consideration that he or any other person shall be appointed to any
    public office, or shall be permitted to exercise or discharge the
    duties thereof, is guilty of a misdemeanor.




    74. Every public officer who, for any gratuity or reward, appoints
    another person to a public office, or permits another person to
    exercise or discharge any of the duties of his office, is punishable
    by a fine not exceeding ten thousand dollars ($10,000), and, in
    addition thereto, forfeits his office and is forever disqualified
    from holding any office in this state.



    76. (a) Every person who knowingly and willingly threatens the life
    of, or threatens serious bodily harm to, any elected public
    official, county public defender, county clerk, exempt appointee of
    the Governor, judge, or Deputy Commissioner of the Board of Prison
    Terms, or the staff, immediate family, or immediate family of the
    staff of any elected public official, county public defender, county
    clerk, exempt appointee of the Governor, judge, or Deputy
    Commissioner of the Board of Prison Terms, with the specific intent
    that the statement is to be taken as a threat, and the apparent
    ability to carry out that threat by any means, is guilty of a public
    offense, punishable as follows:
    (1) Upon a first conviction, the offense is punishable by a fine
    not exceeding five thousand dollars ($5,000), or by imprisonment in
    the state prison, or in a county jail not exceeding one year, or by
    both that fine and imprisonment.
    (2) If the person has been convicted previously of violating this
    section, the previous conviction shall be charged in the accusatory
    pleading, and if the previous conviction is found to be true by the
    jury upon a jury trial, or by the court upon a court trial, or is
    admitted by the defendant, the offense is punishable by imprisonment
    in the state prison.
    (b) Any law enforcement agency that has knowledge of a violation
    of this section involving a constitutional officer of the state, a
    Member of the Legislature, or a member of the judiciary shall
    immediately report that information to the Department of the
    California Highway Patrol.
    (c) For purposes of this section, the following definitions shall
    apply:
    (1) "Apparent ability to carry out that threat" includes the
    ability to fulfill the threat at some future date when the person
    making the threat is an incarcerated prisoner with a stated release
    date.
    (2) "Serious bodily harm" includes serious physical injury or
    serious traumatic condition.
    (3) "Immediate family" means a spouse, parent, or child, or anyone
    who has regularly resided in the household for the past six months.

    (4) "Staff of a judge" means court officers and employees,
    including commissioners, referees, and retired judges sitting on
    assignment.
    (5) "Threat" means a verbal or written threat or a threat implied
    by a pattern of conduct or a combination of verbal or written
    statements and conduct made with the intent and the apparent ability
    to carry out the threat so as to cause the person who is the target
    of the threat to reasonably fear for his or her safety or the safety
    of his or her immediate family.
    (d) As for threats against staff or immediate family of staff, the
    threat must relate directly to the official duties of the staff of
    the elected public official, county public defender, county clerk,
    exempt appointee of the Governor, judge, or Deputy Commissioner of
    the Board of Prison Terms in order to constitute a public offense
    under this section.
    (e) A threat must relate directly to the official duties of a
    Deputy Commissioner of the Board of Prison Terms in order to
    constitute a public offense under this section.



    77. The various provisions of this title, except Section 76, apply
    to administrative and ministerial officers, in the same manner as if
    they were mentioned therein.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  2. #2

    افتراضي Of crimes against the legislative power

    [align=left]
    85. Every person who gives or offers to give a bribe to any Member
    of the Legislature, any member of the legislative body of a city,
    county, city and county, school district, or other special district,
    or to another person for the member, or attempts by menace, deceit,
    suppression of truth, or any corrupt means, to influence a member in
    giving or withholding his or her vote, or in not attending the house
    or any committee of which he or she is a member, is punishable by
    imprisonment in the state prison for two, three or four years.



    86. Every Member of either house of the Legislature, or any member
    of the legislative body of a city, county, city and county, school
    district, or other special district, who asks, receives, or agrees to
    receive, any bribe, upon any understanding that his or her official
    vote, opinion, judgment, or action shall be influenced thereby, or
    shall give, in any particular manner, or upon any particular side of
    any question or matter upon which he or she may be required to act in
    his or her official capacity, or gives, or offers or promises to
    give, any official vote in consideration that another Member of the
    Legislature, or another member of the legislative body of a city,
    county, city and county, school district, or other special district
    shall give this vote either upon the same or another question, is
    punishable by imprisonment in the state prison for two, three, or
    four years and, in cases in which no bribe has been actually
    received, by a restitution fine of not less than two thousand dollars
    ($2,000) or not more than ten thousand dollars ($10,000) or, in
    cases in which a bribe was actually received, by a restitution fine
    of at least the actual amount of the bribe received or two thousand
    dollars ($2,000), whichever is greater, or any larger amount of not
    more than double the amount of any bribe received or ten thousand
    dollars ($10,000), whichever is greater.
    In imposing a fine under this section, the court shall consider
    the defendant's ability to pay the fine.



    88. Every Member of the Legislature, and every member of a
    legislative body of a city, county, city and county, school district,
    or other special district convicted of any crime defined in this
    title, in addition to the punishment prescribed, forfeits his or her
    office and is forever disqualified from holding any office in this
    state or a political subdivision thereof.

    [/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  3. #3

    افتراضي Of crimes against public justice

    [align=left]
    BRIBERY AND CORRUPTION
    92. Every person who gives or offers to give a bribe to any
    judicial officer, juror, referee, arbitrator, or umpire, or to any
    person who may be authorized by law to hear or determine any question
    or controversy, with intent to influence his vote, opinion, or
    decision upon any matter or question which is or may be brought
    before him for decision, is punishable by imprisonment in the state
    prison for two, three or four years.



    93. (a) Every judicial officer, juror, referee, arbitrator, or
    umpire, and every person authorized by law to hear or determine any
    question or controversy, who asks, receives, or agrees to receive,
    any bribe, upon any agreement or understanding that his or her vote,
    opinion, or decision upon any matters or question which is or may be
    brought before him or her for decision, shall be influenced thereby,
    is punishable by imprisonment in the state prison for two, three, or
    four years and, in cases where no bribe has been actually received,
    by a restitution fine of not less than two thousand dollars ($2,000)
    or not more than ten thousand dollars ($10,000) or, in cases where a
    bribe was actually received, by a restitution fine of at least the
    actual amount of the bribe received or two thousand dollars ($2,000),
    whichever is greater, or any larger amount of not more than double
    the amount of any bribe received or ten thousand dollars ($10,000),
    whichever is greater.
    (b) In imposing a restitution fine under this section, the court
    shall consider the defendant's ability to pay the fine.



    94. Every judicial officer who asks or receives any emolument,
    gratuity, or reward, or any promise thereof, except such as may be
    authorized by law, for doing any official act, is guilty of a
    misdemeanor. The lawful compensation of a temporary judge shall be
    prescribed by Judicial Council rule. Every judicial officer who
    shall ask or receive the whole or any part of the fees allowed by law
    to any stenographer or reporter appointed by him or her, or any
    other person, to record the proceedings of any court or investigation
    held by him or her, shall be guilty of a misdemeanor, and upon
    conviction thereof shall forfeit his or her office. Any stenographer
    or reporter, appointed by any judicial officer in this state, who
    shall pay, or offer to pay, the whole or any part of the fees allowed
    him or her by law, for his or her appointment or retention in
    office, shall be guilty of a misdemeanor, and upon conviction thereof
    shall be forever disqualified from holding any similar office in the
    courts of this state.


    94.5. Every judge, justice, commissioner, or assistant commissioner
    of a court of this state who accepts any money or other thing of
    value for performing any marriage, including any money or thing of
    value voluntarily tendered by the persons about to be married or who
    have been married by such judge, justice, commissioner, or assistant
    commissioner, whether the acceptance occurs before or after
    performance of the marriage and whether or not performance of the
    marriage is conditioned on the giving of such money or the thing of
    value by the persons being married, is guilty of a misdemeanor.
    It is not a necessary element of the offense described by this
    section that the acceptance of the money or other thing of value be
    committed with intent to commit extortion or with other criminal
    intent.
    This section does not apply to the request for or acceptance of a
    fee expressly imposed by law for performance of a marriage or to the
    request or acceptance by any retired judge, retired justice, or
    retired commissioner of a fee for the performance of a marriage. For
    the purposes of this section, a retired judge or retired justice
    sitting on assignment in court shall not be deemed to be a retired
    judge or retired justice.
    This section does not apply to an acceptance of a fee for
    performing a marriage on Saturday, Sunday, or a legal holiday.




    95. Every person who corruptly attempts to influence a juror, or
    any person summoned or drawn as a juror, or chosen as an arbitrator
    or umpire, or appointed a referee, in respect to his or her verdict
    in, or decision of, any cause or proceeding, pending, or about to be
    brought before him or her, is punishable by a fine not exceeding ten
    thousand dollars ($10,000), or by imprisonment in the state prison,
    if it is by means of any of the following:
    (a) Any oral or written communication with him or her except in
    the regular course of proceedings.
    (b) Any book, paper, or instrument exhibited, otherwise than in
    the regular course of proceedings.
    (c) Any threat, intimidation, persuasion, or entreaty.
    (d) Any promise, or assurance of any pecuniary or other advantage.



    95.1. Every person who threatens a juror with respect to a criminal
    proceeding in which a verdict has been rendered and who has the
    intent and 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, is guilty of a public
    offense and shall be punished by imprisonment in a county jail for
    not more than one year, or by imprisonment in the state prison, or by
    a fine not exceeding ten thousand dollars ($10,000), or by both that
    imprisonment and fine.



    95.2. Any person who, with knowledge of the relationship of the
    parties and without court authorization and juror consent,
    intentionally provides a defendant or former defendant to any
    criminal proceeding information from records sealed by the court
    pursuant to subdivision (b) of Section 237 of the Code of Civil
    Procedure, knowing that the records have been sealed, in order to
    locate or communicate with a juror to that proceeding and that
    information is used to violate Section 95 or 95.1, shall be guilty of
    a misdemeanor. Except as otherwise provided by any other law or
    court order limiting communication with a juror after a verdict has
    been reached, compliance with Section 206 of the Code of Civil
    Procedure shall constitute court authorization.



    95.3. Any person licensed pursuant to Chapter 11.5 (commencing with
    Section 7512) of Division 3 of the Business and Professions Code
    who, with knowledge of the relationship of the parties and without
    court authorization and juror consent, knowingly provides a defendant
    or former defendant to any criminal proceeding information in order
    to locate or communicate with a juror to that proceeding is guilty of
    a misdemeanor. Conviction under this section shall be a basis for
    revocation or suspension of any license issued pursuant to Section
    7561.1 of the Business and Professions Code. Except as otherwise
    provided by any law or court order limiting communication with a
    juror after a verdict has been reached, compliance with Section 206
    of the Code of Civil Procedure shall constitute court authorization.




    96. Every juror, or person drawn or summoned as a juror, or chosen
    arbitrator or umpire, or appointed referee, who either: One--Makes
    any promise or agreement to give a verdict or decision for or
    against any party; or, Two--Willfully and corruptly permits any
    communication to be made to him, or receives any book, paper,
    instrument, or information relating to any cause or matter pending
    before him, except according to the regular course of proceedings, is
    punishable by fine not exceeding ten thousand dollars ($10,000), or
    by imprisonment in the state prison.



    96.5. (a) Every judicial officer, court commissioner, or referee
    who commits any act that he or she knows perverts or obstructs
    justice, is guilty of a public offense punishable by imprisonment in
    a county jail for not more than one year.
    (b) Nothing in this section prohibits prosecution under paragraph
    (5) of subdivision (a) of Section 182 of the Penal Code or any other
    law.


    98. Every officer convicted of any crime defined in this Chapter,
    in addition to the punishment prescribed, forfeits his office and is
    forever disqualified from holding any office in this State.



    99. The Superintendent of State Printing shall not, during his
    continuance in office, have any interest, either directly or
    indirectly, in any contract in any way connected with his office as
    Superintendent of State Printing; nor shall he, during said period,
    be interested, either directly or indirectly, in any state printing,
    binding, engraving, lithographing, or other state work of any kind
    connected with his said office; nor shall he, directly or indirectly,
    be interested in any contract for furnishing paper, or other
    printing stock or material, to or for use in his said office; and any
    violations of these provisions shall subject him, on conviction
    before a court of competent jurisdiction, to imprisonment in the
    state prison and to a fine of not less than one thousand dollars
    ($1,000) nor more than ten thousand dollars ($10,000), or by both
    such fine and imprisonment.



    100. If the Superintendent of State Printing corruptly colludes
    with any person or persons furnishing paper or materials, or bidding
    therefor, or with any other person or persons, or has any secret
    understanding with him or them, by himself or through others, to
    defraud the state, or by which the state is defrauded or made to
    sustain a loss, contrary to the true intent and meaning of this
    chapter, he, upon conviction thereof, forfeits his office, and is
    subject to imprisonment in the state prison, and to a fine of not
    less than one thousand dollars ($1,000) nor more than ten thousand
    dollars ($10,000), or both such fine and imprisonment.
    [/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  4. #4

    افتراضي Rescues

    [align=left]102. Every person who willfully injures or destroys, or takes or
    attempts to take, or assists any person in taking or attempting to
    take, from the custody of any officer or person, any personal
    property which such officer or person has in charge under any process
    of law, is guilty of a misdemeanor.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  5. #5

    افتراضي Escapes and aiding therein

    [align=left]107. Every prisoner charged with or convicted of a felony who is an
    inmate of any public training school or reformatory or county
    hospital who escapes or attempts to escape from such public training
    school or reformatory or county hospital is guilty of a felony and is
    punishable by imprisonment in the state prison, or by a fine not
    exceeding ten thousand dollars ($10,000), or by both such fine and
    imprisonment.



    109. Any person who willfully assists any inmate of any public
    training school or reformatory to escape, or in an attempt to escape
    from such public training school or reformatory is punishable by
    imprisonment in the state prison, and fine not exceeding ten thousand
    dollars ($10,000).



    110. Every person who carries or sends into a public training
    school, or reformatory, anything useful to aid a prisoner or inmate
    in making his escape, with intent thereby to facilitate the escape of
    any prisoner or inmate confined therein, is guilty of a felony.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  6. #6

    افتراضي Forging, stealing, mutilating, and falsifying

    [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]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  7. #7

    افتراضي Perjury and subornation of perjury

    [[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]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

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