"u.s.a"california penal code

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[align=left]220. (a) Except as provided in subdivision (b), any person who
assaults another with intent to commit mayhem, rape, sodomy, oral
copulation, or any violation of Section 264.1, 288, or 289 shall be
punished by imprisonment in the state prison for two, four, or six
years.
(b) Any person who, in the commission of a burglary of the first
degree, as defined in subdivision (a) of Section 460, assaults
another with intent to commit rape, sodomy, oral copulation, or any
violation of Section 264.1, 288, or 289 shall be punished by
imprisonment in the state prison for life with the possibility of
parole.


222. Every person guilty of administering to another any
chloroform, ether, laudanum, or any controlled substance,
anaesthetic, or intoxicating agent, with intent thereby to enable or
assist himself or herself or any other person to commit a felony, is
guilty of a felony.[/align]

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[align=left]236. False imprisonment is the unlawful violation of the personal
liberty of another.



236.1. (a) Any person who deprives or violates the personal liberty
of another with the intent to effect or maintain a felony violation
of Section 266, 266h, 266i, 267, 311.4, or 518, or to obtain forced
labor or services, is guilty of human trafficking.
(b) Except as provided in subdivision (c), a violation of this
section is punishable by imprisonment in the state prison for three,
four, or five years.
(c) A violation of this section where the victim of the
trafficking was under 18 years of age at the time of the commission
of the offense is punishable by imprisonment in the state prison for
four, six, or eight years.
(d) (1) For purposes of this section, unlawful deprivation or
violation of the personal liberty of another includes substantial and
sustained restriction of another's liberty accomplished through
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person, under
circumstances where the person receiving or apprehending the threat
reasonably believes that it is likely that the person making the
threat would carry it out.
(2) Duress includes knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
immigration document of the victim.
(e) For purposes of this section, "forced labor or services" means
labor or services that are performed or provided by a person and are
obtained or maintained through force, fraud, or coercion, or
equivalent conduct that would reasonably overbear the will of the
person.
(f) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(8) of Title 22 of the
United States Code.



236.2. (a) Within 15 business days of the first encounter of a
victim of human trafficking, victim pursuant to Section 236.1, law
enforcement agencies shall provide brief letters that satisfy the
following Law Enforcement Agency Endorsement (LEA) regulations as
found in Section 214.11(f)(1) of Chapter 8 of the Code of Federal
Regulations.
(b) The LEA must be submitted on Supplement B, Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons, of Form
I-914. The LEA endorsement must be filled out completely in
accordance with the instructions contained on the form and must
attach the results of any name or database inquiry performed. In
order to provide persuasive evidence, the LEA endorsement must
contain a description of the victimization upon which the application
is based, including the dates the trafficking in persons and
victimization occurred, and be signed by a supervising official
responsible for the investigation or prosecution of trafficking in
persons. The LEA endorsement must address whether the victim had been
recruited, harbored, transported, provided, or obtained specifically
for either labor or services, or for the purposes of a commercial
*** act.
(c) Where state law enforcement agencies find the grant of a LEA
endorsement to be inappropriate for a victim of trafficking in
persons, the agency shall within 15 days provide the victim with a
letter explaining the grounds of the denial of the LEA. The victim
may submit additional evidence to the law enforcement agency, which
must reconsider the denial of the LEA within one week of the receipt
of additional evidence.



237. (a) False imprisonment is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in the county jail
for not more than one year, or by both that fine and imprisonment.
If the false imprisonment be effected by violence, menace, fraud, or
deceit, it shall be punishable by imprisonment in the state prison.
(b) False imprisonment of an elder or dependent adult by use of
violence, menace, fraud, or deceit shall be punishable as described
in subdivision (f) of Section 368.
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[align=left]
240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.



241. (a) An assault is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or by both the fine and imprisonment.
(b) When an assault is committed against the person of a parking
control officer engaged in the performance of his or her duties, and
the person committing the offense knows or reasonably should know
that the victim is a parking control officer, the assault is
punishable by a fine not exceeding two thousand dollars ($2,000), or
by imprisonment in the county jail not exceeding six months, or by
both the fine and imprisonment.
(c) When an assault is committed against the person of a peace
officer, firefighter, emergency medical technician, mobile intensive
care paramedic, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, or a physician or nurse engaged in
rendering emergency medical care outside a hospital, clinic, or other
health care facility, and the person committing the offense knows or
reasonably should know that the victim is a peace officer,
firefighter, emergency medical technician, mobile intensive care
paramedic, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, or a physician or nurse engaged in
rendering emergency medical care, the assault is punishable by a fine
not exceeding two thousand dollars ($2,000), or by imprisonment in
the county jail not exceeding one year, or by both the fine and
imprisonment.
(d) As used in this section, the following definitions apply:
(1) Peace officer means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "Emergency medical technician" means a person possessing a
valid course completion certificate from a program approved by the
State Department of Health Services for the medical training and
education of ambulance personnel, and who meets the standards of
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(3) "Mobile intensive care paramedic" refers to those persons who
meet the standards set forth in Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(4) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(5) "Lifeguard" means a person who is:
(A) Employed as a lifeguard by the state, a county, or a city, and
is designated by local ordinance as a public officer who has a duty
and responsibility to enforce local ordinances and misdemeanors
through the issuance of citations.
(B) Wearing distinctive clothing which includes written
identification of the person's status as a lifeguard and which
clearly identifies the employing organization.
(6) "Process server" means any person who meets the standards or
is expressly exempt from the standards set forth in Section 22350 of
the Business and Professions Code.
(7) "Traffic officer" means any person employed by a county or
city to monitor and enforce state laws and local ordinances relating
to parking and the operation of vehicles.
(8) "Animal control officer" means any person employed by a county
or city for purposes of enforcing animal control laws or
regulations.
(9) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, that has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
(B) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the
Mobilehomes-Manufactured Housing Act (Part 2 (commencing with Section
18000) of Division 13 of the Health and Safety Code); the Mobilehome
Parks Act (Part 2.1 (commencing with Section 18200) of Division 13
of the Health and Safety Code); and the Special Occupancy Parks Act
(Part 2.3 (commencing with Section 18860) of Division 13 of the
Health and Safety Code).
(10) "Parking control officer" means any person employed by a
city, county, or city and county, to monitor and enforce state laws
and local ordinances relating to parking.



241.1. When an assault is committed against the person of a
custodial officer as defined in Section 831 or 831.5, and the person
committing the offense knows or reasonably should know that such
victim is such a custodial officer engaged in the performance of his
duties, the offense shall be punished by imprisonment in the county
jail not exceeding one year or by imprisonment in the state prison.




241.2. (a) (1) When an assault is committed on school or park
property against any person, the assault is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both that fine and
imprisonment.
(2) When a violation of this section is committed by a minor on
school property, the court may, in addition to any other fine,
sentence, or as a condition of probation, order the minor to attend
counseling as deemed appropriate by the court at the expense of the
minor's parents. The court shall take into consideration the ability
of the minor's parents to pay, however, no minor shall be relieved
of attending counseling because of the minor's parents' inability to
pay for the counseling imposed by this section.
(b) "School," as used in this section, means any elementary
school, junior high school, four-year high school, senior high
school, adult school or any branch thereof, opportunity school,
continuation high school, regional occupational center, evening high
school, technical school, or community college.
(c) "Park," as used in this section, means any publicly maintained
or operated park. It does not include any facility when used for
professional sports or commercial events.



241.3. (a) When an assault is committed against any person on the
property of, or on a motor vehicle of, a public transportation
provider, the offense shall be punished by a fine not to exceed two
thousand dollars ($2,000), or by imprisonment in a county jail not to
exceed one year, or by both the fine and imprisonment.
(b) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in air,
or that operates a schoolbus.
(c) As used in this section, "on the property of" means the entire
station where public transportation is available, including the
parking lot reserved for the public who utilize the transportation
system.



241.4. An assault is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or by both. When the assault is committed against the
person of a peace officer engaged in the performance of his or her
duties as a member of a police department of a school district
pursuant to Section 38000 of the Education Code, and the person
committing the offense knows or reasonably should know that the
victim is a peace officer engaged in the performance of his or her
duties, the offense shall be punished by imprisonment in the county
jail not exceeding one year or by imprisonment in the state prison.




241.6. When an assault is committed against a school employee
engaged in the performance of his or her duties, or in retaliation
for an act performed in the course of his or her duties, whether on
or off campus, during the schoolday or at any other time, and the
person committing the offense knows or reasonably should know the
victim is a school employee, the assault is punishable by
imprisonment in a county jail not exceeding one year, or by a fine
not exceeding two thousand dollars ($2,000), or by both the fine and
imprisonment.
For purposes of this section, "school employee" has the same
meaning as defined in subdivision (d) of Section 245.5.
This section shall not apply to conduct arising during the course
of an otherwise lawful labor dispute.



241.7. Any person who is a party to a civil or criminal action in
which a jury has been selected to try the case and who, while the
legal action is pending or after the conclusion of the trial, commits
an assault against any juror or alternate juror who was selected and
sworn in that legal action, shall be punished by a fine not to
exceed two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both such fine and
imprisonment, or by imprisonment in the state prison.



241.8. (a) Any person who commits an assault against a member of
the United States Armed Forces because of the victim's service in the
United States Armed Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment.
(b) "Because of" means that the bias motivation must be a cause in
fact of the assault, whether or not other causes exist. When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the assault.



242. A battery is any willful and unlawful use of force or violence
upon the person of another.



243. (a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
(b) When a battery is committed against the person of a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in the
performance of his or her duties, whether on or off duty, including
when the peace officer is in a police uniform and is concurrently
performing the duties required of him or her as a peace officer while
also employed in a private capacity as a part-time or casual private
security guard or patrolman, or a nonsworn employee of a probation
department engaged in the performance of his or her duties, whether
on or off duty, or a physician or nurse engaged in rendering
emergency medical care outside a hospital, clinic, or other health
care facility, and the person committing the offense knows or
reasonably should know that the victim is a peace officer, custodial
officer, firefighter, emergency medical technician, lifeguard,
process server, traffic officer, code enforcement officer, or animal
control officer engaged in the performance of his or her duties,
nonsworn employee of a probation department, or a physician or nurse
engaged in rendering emergency medical care, the battery is
punishable by a fine not exceeding two thousand dollars ($2,000), or
by imprisonment in a county jail not exceeding one year, or by both
that fine and imprisonment.
(c) (1) When a battery is committed against a custodial officer,
firefighter, emergency medical technician, lifeguard, process server,
traffic officer, or animal control officer engaged in the
performance of his or her duties, whether on or off duty, or a
nonsworn employee of a probation department engaged in the
performance of his or her duties, whether on or off duty, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know that
the victim is a nonsworn employee of a probation department,
custodial officer, firefighter, emergency medical technician,
lifeguard, process server, traffic officer, or animal control officer
engaged in the performance of his or her duties, or a physician or
nurse engaged in rendering emergency medical care, and an injury is
inflicted on that victim, the battery is punishable by a fine of not
more than two thousand dollars ($2,000), by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment,
or by imprisonment in the state prison for 16 months, or two or three
years.
(2) When the battery specified in paragraph (1) is committed
against a peace officer engaged in the performance of his or her
duties, whether on or off duty, including when the peace officer is
in a police uniform and is concurrently performing the duties
required of him or her as a peace officer while also employed in a
private capacity as a part-time or casual private security guard or
patrolman and the person committing the offense knows or reasonably
should know that the victim is a peace officer engaged in the
performance of his or her duties, the battery is punishable by a fine
of not more than ten thousand dollars ($10,000), or by imprisonment
in a county jail not exceeding one year or in the state prison for 16
months, or two or three years, or by both that fine and
imprisonment.
(d) When a battery is committed against any person and serious
bodily injury is inflicted on the person, the battery is punishable
by imprisonment in a county jail not exceeding one year or
imprisonment in the state prison for two, three, or four years.
(e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiance, or fiancee, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the
execution or imposition of the sentence is suspended, it shall be a
condition thereof that the defendant participate in, for no less than
one year, and successfully complete, a batterer's treatment program,
as defined in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However,
this provision shall not be construed as requiring a city, a county,
or a city and county to provide a new program or higher level of
service as contemplated by Section 6 of Article XIIIB of the
California Constitution.
(2) Upon conviction of a violation of this subdivision, if
probation is granted, 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 five thousand dollars ($5,000).
(B) That the defendant 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.
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, 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. Where 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 this section, 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 section, until all separate property of the offending spouse is
exhausted.
(3) Upon conviction of a violation of this subdivision, if
probation is granted or the execution or imposition of the sentence
is suspended and the person has been previously convicted of a
violation of this subdivision and sentenced under paragraph (1), the
person shall be imprisoned for not less than 48 hours in addition to
the conditions in paragraph (1). However, the court, upon a showing
of good cause, may elect not to impose the mandatory minimum
imprisonment as required by this subdivision and may, under these
circumstances, grant probation or order the suspension of the
execution or imposition of the sentence.
(4) The Legislature finds and declares that these specified crimes
merit special consideration when imposing a sentence so as to
display society's condemnation for these crimes of violence upon
victims with whom a close relationship has been formed.
(f) As used in this section:
(1) "Peace officer" means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "Emergency medical technician" means a person who is either an
EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid
certificate or license in accordance with the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety Code.
(3) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(4) "Serious bodily injury" means a serious impairment of physical
condition, including, but not limited to, the following: loss of
consciousness; concussion; bone fracture; protracted loss or
impairment of function of any bodily member or organ; a wound
requiring extensive suturing; and serious disfigurement.
(5) "Injury" means any physical injury which requires professional
medical treatment.
(6) "Custodial officer" means any person who has the
responsibilities and duties described in Section 831 and who is
employed by a law enforcement agency of any city or county or who
performs those duties as a volunteer.
(7) "Lifeguard" means a person defined in paragraph (5) of
subdivision (c) of Section 241.
(8) "Traffic officer" means any person employed by a city, county,
or city and county to monitor and enforce state laws and local
ordinances relating to parking and the operation of vehicles.
(9) "Animal control officer" means any person employed by a city,
county, or city and county for purposes of enforcing animal control
laws or regulations.
(10) "Dating relationship" means frequent, intimate associations
primarily characterized by the expectation of affectional or ***ual
involvement independent of financial considerations.
(11) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, who has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
(B) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the
Mobilehomes-Manufactured Housing Act (Part 2 (commencing with Section
18000) of Division 13 of the Health and Safety Code); the Mobilehome
Parks Act (Part 2.1 (commencing with Section 18200) of Division 13
of the Health and Safety Code); and the Special Occupancy Parks Act
(Part 2.3 (commencing with Section 18860) of Division 13 of the
Health and Safety Code).
(g) It is the intent of the Legislature by amendments to this
section at the 1981-82 and 1983-84 Regular Sessions to abrogate the
holdings in cases such as People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and 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 as private
security guards or patrolmen and to allow the exercise of peace
officer powers concurrently with that employment.



243.1. When a battery is committed against the person of a
custodial officer as defined in Section 831 of the Penal Code, and
the person committing the offense knows or reasonably should know
that the victim is a custodial officer engaged in the performance of
his or her duties, and the custodial officer is engaged in the
performance of his or her duties, the offense shall be punished by
imprisonment in the state prison.



243.2. (a) (1) Except as otherwise provided in Section 243.6, when
a battery is committed on school property, park property, or the
grounds of a public or private hospital, against any person, the
battery is punishable by a fine not exceeding two thousand dollars
($2,000), or by imprisonment in the county jail not exceeding one
year, or by both the fine and imprisonment.
(2) When a violation of this section is committed by a minor on
school property, the court may, in addition to any other fine,
sentence, or as a condition of probation, order the minor to attend
counseling as deemed appropriate by the court at the expense of the
minor's parents. The court shall take into consideration the ability
of the minor's parents to pay, however, no minor shall be relieved
of attending counseling because of the minor's parents' inability to
pay for the counseling imposed by this section.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Hospital" means a facility for the diagnosis, care, and
treatment of human illness that is subject to, or specifically
exempted from, the licensure requirements of Chapter 2 (commencing
with Section 1250) of Division 2 of the Health and Safety Code.
(2) "Park" means any publicly maintained or operated park. It
does not include any facility when used for professional sports or
commercial events.
(3) "School" means any elementary school, junior high school,
four-year high school, senior high school, adult school or any branch
thereof, opportunity school, continuation high school, regional
occupational center, evening high school, technical school, or
community college.
(c) This section shall not apply to conduct arising during the
course of an otherwise lawful labor dispute.



243.25. When a battery is committed against the person of an elder
or a dependent adult as defined in Section 368, with knowledge that
he or she is an elder or a dependent adult, the offense shall be
punishable by a fine not to exceed two thousand dollars ($2,000), or
by imprisonment in a county jail not to exceed one year, or by both
that fine and imprisonment.



243.3. When a battery is committed against the person of an
operator, driver, or passenger on a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, 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 against a
schoolbus driver, or against the person of a station agent or ticket
agent for the entity providing the transportation, and the person who
commits the offense knows or reasonably should know that the victim,
in the case of an operator, driver, or agent, is engaged in the
performance of his or her duties, or is a passenger the offense shall
be punished by a fine not exceeding ten thousand dollars ($10,000),
or by imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment. If an injury is inflicted on that
victim, the offense shall be punished by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in a county jail not
exceeding one year or in the state prison for 16 months, or two or
three years, or by both that fine and imprisonment.




243.35. (a) Except as provided in Section 243.3, when a battery is
committed against any person on the property of, or in a motor
vehicle of, a public transportation provider, the offense shall be
punished by a fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both the
fine and imprisonment.
(b) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in air,
or that operates a schoolbus.
(c) As used in this section, "on the property of" means the entire
station where public transportation is available, including the
parking lot reserved for the public who utilize the transportation
system.


243.4. (a) Any person who touches an intimate part of another
person while that person is unlawfully restrained by the accused or
an accomplice, and if the touching is against the will of the person
touched and is for the purpose of ***ual arousal, ***ual
gratification, or ***ual abuse, is guilty of ***ual battery. A
violation of this subdivision is punishable by imprisonment in a
county jail for not more than one year, and by a fine not exceeding
two thousand dollars ($2,000); or by imprisonment in the state prison
for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
(b) Any person who touches an intimate part of another person who
is institutionalized for medical treatment and who is seriously
disabled or medically incapacitated, if the touching is against the
will of the person touched, and if the touching is for the purpose of
***ual arousal, ***ual gratification, or ***ual abuse, is guilty of
***ual battery. A violation of this subdivision is punishable by
imprisonment in a county jail for not more than one year, and by a
fine not exceeding two thousand dollars ($2,000); or by imprisonment
in the state prison for two, three, or four years, and by a fine not
exceeding ten thousand dollars ($10,000).
(c) Any person who touches an intimate part of another person for
the purpose of ***ual arousal, ***ual gratification, or ***ual abuse,
and the victim is at the time unconscious of the nature of the act
because the perpetrator fraudulently represented that the touching
served a professional purpose, is guilty of ***ual battery. A
violation of this subdivision is punishable by imprisonment in a
county jail for not more than one year, and by a fine not exceeding
two thousand dollars ($2,000); or by imprisonment in the state prison
for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
(d) Any person who, for the purpose of ***ual arousal, ***ual
gratification, or ***ual abuse, causes another, against that person's
will while that person is unlawfully restrained either by the
accused or an accomplice, or is institutionalized for medical
treatment and is seriously disabled or medically incapacitated, to
masturbate or touch an intimate part of either of those persons or a
third person, is guilty of ***ual battery. A violation of this
subdivision is punishable by imprisonment in a county jail for not
more than one year, and by a fine not exceeding two thousand dollars
($2,000); or by imprisonment in the state prison for two, three, or
four years, and by a fine not exceeding ten thousand dollars
($10,000).
(e) (1) Any person who touches an intimate part of another person,
if the touching is against the will of the person touched, and is
for the specific purpose of ***ual arousal, ***ual gratification, or
***ual abuse, is guilty of misdemeanor ***ual battery, punishable by
a fine not exceeding two thousand dollars ($2,000), or by
imprisonment in a county jail not exceeding six months, or by both
that fine and imprisonment. However, if the defendant was an
employer and the victim was an employee of the defendant, the
misdemeanor ***ual battery shall be punishable by a fine not
exceeding three thousand dollars ($3,000), by imprisonment in a
county jail not exceeding six months, or by both that fine and
imprisonment. Notwithstanding any other provision of law, any amount
of a fine above two thousand dollars ($2,000) which is collected
from a defendant for a violation of this subdivision shall be
transmitted to the State Treasury and, upon appropriation by the
Legislature, distributed to the Department of Fair Employment and
Housing for the purpose of enforcement of the California Fair
Employment and Housing Act (Part 2.8 (commencing with Section 12900)
of Division 3 of Title 2 of the Government Code), including, but not
limited to, laws that proscribe ***ual harassment in places of
employment. However, in no event shall an amount over two thousand
dollars ($2,000) be transmitted to the State Treasury until all
fines, including any restitution fines that may have been imposed
upon the defendant, have been paid in full.
(2) As used in this subdivision, "touches" means physical contact
with another person, whether accomplished directly, through the
clothing of the person committing the offense, or through the
clothing of the victim.
(f) As used in subdivisions (a), (b), (c), and (d), "touches"
means physical contact with the skin of another person whether
accomplished directly or through the clothing of the person
committing the offense.
(g) As used in this section, the following terms have the
following meanings:
(1) "Intimate part" means the ***ual organ, anus, groin, or
buttocks of any person, and the breast of a female.
(2) "***ual battery" does not include the crimes defined in
Section 261 or 289.
(3) "Seriously disabled" means a person with severe physical or
sensory disabilities.
(4) "Medically incapacitated" means a person who is incapacitated
as a result of prescribed sedatives, anesthesia, or other medication.

(5) "Institutionalized" means a person who is located voluntarily
or involuntarily in a hospital, medical treatment facility, nursing
home, acute care facility, or mental hospital.
(6) "Minor" means a person under 18 years of age.
(h) This section shall not be construed to limit or prevent
prosecution under any other law which also proscribes a course of
conduct that also is proscribed by this section.
(i) In the case of a felony conviction for a violation of this
section, the fact that the defendant was an employer and the victim
was an employee of the defendant shall be a factor in aggravation in
sentencing.
(j) A person who commits a violation of subdivision (a), (b), (c),
or (d) against a minor when the person has a prior felony conviction
for a violation of this section shall be guilty of a felony,
punishable by imprisonment in the state prison for two, three, or
four years and a fine not exceeding ten thousand dollars ($10,000).



243.5. (a) When a person commits an assault or battery on school
property during hours when school activities are being conducted, a
peace officer may, without a warrant, notwithstanding paragraph (2)
or (3) of subdivision (a) of Section 836, arrest the person who
commits the assault or battery:
(1) Whenever the person has committed the assault or battery,
although not in the peace officer's presence.
(2) Whenever the peace officer has reasonable cause to believe
that the person to be arrested has committed the assault or battery,
whether or not it has in fact been committed.
(b) "School," as used in this section, means any elementary
school, junior high school, four-year high school, senior high
school, adult school or any branch thereof, opportunity school,
continuation high school, regional occupational center, evening high
school, technical school, or community college.



243.6. When a battery is committed against a school employee
engaged in the performance of his or her duties, or in retaliation
for an act performed in the course of his or her duties, whether on
or off campus, during the schoolday or at any other time, and the
person committing the offense knows or reasonably should know that
the victim is a school employee, the battery is punishable by
imprisonment in a county jail not exceeding one year, or by a fine
not exceeding two thousand dollars ($2,000), or by both the fine and
imprisonment. However, if an injury is inflicted on the victim, the
battery shall be punishable by imprisonment in a county jail for not
more than one year, or by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in the state prison for 16
months, or two or three years.
For purposes of this section, "school employee" has the same
meaning as defined in subdivision (d) of Section 245.5.
This section shall not apply to conduct arising during the course
of an otherwise lawful labor dispute.



243.7. Any person who is a party to a civil or criminal action in
which a jury has been selected to try the case and who, while the
legal action is pending or after the conclusion of the trial commits
a battery against any juror or alternate juror who was selected and
sworn in that legal action shall be punished by a fine not to exceed
five thousand dollars ($5,000), or by imprisonment in the county
jail not exceeding one year, or by both such fine and imprisonment,
or by the imprisonment in the state prison for 16 months, or for two
or three years.


243.8. (a) When a battery is committed against a sports official
immediately prior to, during, or immediately following an
interscholastic, intercollegiate, or any other organized amateur or
professional athletic contest in which the sports official is
participating, and the person who commits the offense knows or
reasonably should know that the victim is engaged in the performance
of his or her duties, the offense shall be punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both that fine and
imprisonment.
(b) For purposes of this section, "sports official" means any
individual who serves as a referee, umpire, linesman, or who serves
in a similar capacity but may be known by a different title or name
and is duly registered by, or a member of, a local, state, regional,
or national organization engaged in part in providing education and
training to sports officials.



243.83. (a) It is unlawful for any person attending a professional
sporting event to do any of the following:
(1) Throw any object on or across the court or field of play with
the intent to interfere with play or distract a player.
(2) Enter upon the court or field of play without permission from
an authorized person any time after the authorized participants of
play have entered the court or field to begin the sporting event and
until the participants of play have completed the playing time of the
sporting event.
(b) (1) The owner of the facility in which a professional sporting
event is to be held shall provide a notice specifying the unlawful
activity prohibited by this section and the punishment for engaging
in that prohibited activity.
(2) The notice shall be prominently displayed throughout the
facility or may be provided by some other manner, such as on a big
screen or by a general public announcement. In addition, notice
shall be posted at all controlled entry areas of the sporting
facility.
(3) Failure to provide the notice shall not be a defense to a
violation of this section.
(c) For the purposes of this section, the following terms have the
following meanings:
(1) "Player" includes any authorized participant of play,
including, but not limited to, team members, referees however
designated, and support staff, whether or not any of those persons
receive compensation.
(2) "Professional sporting event" means a scheduled sporting event
involving a professional sports team or organization or a
professional athlete for which an admission fee is charged to the
public.
(d) A violation of subdivision (a) is an infraction punishable by
a fine not exceeding two hundred fifty dollars ($250). The fine
shall not be subject to penalty assessments as provided in Section
1464 or 1465.7 of this code or Section 76000 of the Government Code.

(e) This section shall apply to attendees at professional sporting
events; this section shall not apply to players or to sports
officials, as defined in Section 243.8.
(f) Nothing in this section shall be construed to limit or prevent
prosecution under any applicable provision of law.



243.9. (a) Every person confined in any local detention facility
who commits a battery by gassing upon the person of any peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, or employee of the local detention facility is
guilty of aggravated battery and shall be punished by imprisonment in
a county jail or by imprisonment in the state prison for two, three,
or four years.
(b) For purposes of this section, "gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact
with the person's skin or membranes.
(c) The person in charge of the local detention facility shall use
every available means to immediately investigate all reported or
suspected violations of subdivision (a), including, but not limited
to, the use of forensically acceptable means of preserving and
testing the suspected gassing substance to confirm the presence of
human excrement or other bodily fluids or bodily substances. If
there is probable cause to believe that the inmate has violated
subdivision (a), the chief medical officer of the local detention
facility, or his or her designee, may, when he or she deems it
medically necessary to protect the health of an officer or employee
who may have been subject to a violation of this section, order the
inmate to receive an examination or test for hepatitis or
tuberculosis or both hepatitis and tuberculosis on either a voluntary
or involuntary basis immediately after the event, and periodically
thereafter as determined to be necessary by the medical officer in
order to ensure that further hepatitis or tuberculosis transmission
does not occur. These decisions shall be consistent with an
occupational exposure as defined by the Center for Disease Control
and Prevention. The results of any examination or test shall be
provided to the officer or employee who has been subject to a
reported or suspected violation of this section. Nothing in this
subdivision shall be construed to otherwise supersede the operation
of Title 8 (commencing with Section 7500). Any person performing
tests, transmitting test results, or disclosing information pursuant
to this section shall be immune from civil liability for any action
taken in accordance with this section.
(d) The person in charge of the local detention facility shall
refer all reports for which there is probable cause to believe that
the inmate has violated subdivision (a) to the local district
attorney for prosecution.
(e) Nothing in this section shall preclude prosecution under both
this section and any other provision of law.



243.10. (a) Any person who commits a battery against a member of
the United States Armed Forces because of the victim's service in the
United States Armed Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment.
(b) "Because of" means that the bias motivation must be a cause in
fact of the battery, whether or not other causes exist. When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the battery.



244. Any person who willfully and maliciously places or throws, or
causes to be placed or thrown, upon the person of another, any
vitriol, corrosive acid, flammable substance, or caustic chemical of
any nature, with the intent to injure the flesh or disfigure the body
of that person, is punishable by imprisonment in the state prison
for two, three or four years.
As used in this section, "flammable substance" means gasoline,
petroleum products, or flammable liquids with a flashpoint of 150
degrees Fahrenheit or less.



244.5. (a) As used in this section, "stun gun" means any item,
except a taser, used or intended to be used as either an offensive or
defensive weapon that is capable of temporarily immobilizing a
person by the infliction of an electrical charge.
(b) Every person who commits an assault upon the person of another
with a stun gun or taser shall be punished by imprisonment in a
county jail for a term not exceeding one year, or by imprisonment in
the state prison for 16 months, two, or three years.
(c) Every person who commits an assault upon the person of a peace
officer or firefighter with a stun gun or taser, who knows or
reasonably should know that the person is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the county jail for
a term not exceeding one year, or by imprisonment in the state
prison for two, three, or four years.
(d) This section shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.




245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
(2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 12200, or an assault weapon,
as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as
defined in Section 12278, shall be punished by imprisonment in the
state prison for 4, 8, or 12 years.
(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon or
instrument, other than a firearm, or by any means likely to produce
great bodily injury upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the victim
is a peace officer or firefighter engaged in the performance of his
or her duties, when the peace officer or firefighter is engaged in
the performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) (1) Any person who commits an assault with a firearm upon the
person of a peace officer or firefighter, and who knows or reasonably
should know that the victim is a peace officer or firefighter
engaged in the performance of his or her duties, when the peace
officer or firefighter is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for
four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace
officer or firefighter with a semiautomatic firearm and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the state prison
for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as
defined in Section 12200, or an assault weapon, as defined in Section
12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278,
upon the person of a peace officer or firefighter, and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for 6, 9, or 12 years.

(e) When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument or firearm, and
the weapon or instrument or firearm is owned by that person, the
court shall order that the weapon or instrument or firearm be deemed
a nuisance, and it shall be confiscated and disposed of in the manner
provided by Section 12028.
(f) As used in this section, "peace officer" refers to any person
designated as a peace officer in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.



245.1. As used in Sections 148.2, 241, 243, 244.5, and 245, "fireman"
or "firefighter" includes any person who is an officer, employee or
member of a fire department or fire protection or firefighting agency
of the federal government, the State of California, a city, county,
city and county, district, or other public or municipal corporation
or political subdivision of this state, whether this person is a
volunteer or partly paid or fully paid.
As used in Section 148.2, "emergency rescue personnel" means any
person who is an officer, employee or member of a fire department or
fire protection or firefighting agency of the federal government, the
State of California, a city, county, city and county, district, or
other public or municipal corporation or political subdivision of
this state, whether this person is a volunteer or partly paid or
fully paid, while he or she is actually engaged in the on-the-site
rescue of persons or property during an emergency as defined by
subdivision (c) of Section 148.3.



245.2. Every person who commits an assault with a deadly weapon or
instrument or by any means of force likely to produce great bodily
injury upon the person of an operator, driver, or passenger on a bus,
taxicab, streetcar, cable car, trackless trolley, or other motor
vehicle, 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 upon the person of a station agent or ticket
agent for the entity providing such transportation, when the driver,
operator, or agent is engaged in the performance of his or her
duties, and where the person who commits the assault knows or
reasonably should know that the victim is engaged in the performance
of his or her duties, or is a passenger, shall be punished by
imprisonment in the state prison for three, four, or five years.



245.3. Every person who commits an assault with a deadly weapon or
instrument or by any means likely to produce great bodily injury upon
the person of a custodial officer as defined in Section 831 or
831.5, and who knows or reasonably should know that such victim is
such a custodial officer engaged in the performance of his duties,
shall be punished by imprisonment in the state prison for three,
four, or five years.
When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument, and such weapon
or instrument is owned by such person, the court may, in its
discretion, order that the weapon or instrument be deemed a nuisance
and shall be confiscated and destroyed in the manner provided by
Section 12028.


245.5. (a) Every person who commits an assault with a deadly weapon
or instrument, other than a firearm, or by any means likely to
produce great bodily injury upon the person of a school employee, and
who knows or reasonably should know that the victim is a school
employee engaged in the performance of his or her duties, when that
school employee is engaged in the performance of his or her duties,
shall be punished by imprisonment in the state prison for three,
four, or five years, or in a county jail not exceeding one year.
(b) Every person who commits an assault with a firearm upon the
person of a school employee, and who knows or reasonably should know
that the victim is a school employee engaged in the performance of
his or her duties, when the school employee is engaged in the
performance of his or her duties, shall be punished by imprisonment
in the state prison for four, six, or eight years, or in a county
jail for not less than six months and not exceeding one year.
(c) Every person who commits an assault upon the person of a
school employee with a stun gun or taser, and who knows or reasonably
should know that the person is a school employee engaged in the
performance of his or her duties, when the school employee is engaged
in the performance of his or her duties, shall be punished by
imprisonment in a county jail for a term not exceeding one year or by
imprisonment in the state prison for two, three, or four years.
This subdivision shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.
(d) As used in the section, "school employee" means any person
employed as a permanent or probationary certificated or classified
employee of a school district on a part-time or full-time basis,
including a substitute teacher. "School employee," as used in this
section, also includes a student teacher, or a school board member.
"School," as used in this section, has the same meaning as that term
is defined in Section 626.



245.6. (a) It shall be unlawful to engage in hazing, as defined in
this section.
(b) "Hazing" means any method of initiation or preinitiation into
a student organization or student body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury to any
former, current, or prospective student of any school, community
college, college, university, or other educational institution in
this state. The term "hazing" does not include customary athletic
events or school-sanctioned events.
(c) A violation of this section that does not result in serious
bodily injury is a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100), nor more than five thousand dollars
($5,000), or imprisonment in the county jail for not more than one
year, or both.
(d) Any person who personally engages in hazing that results in
death or serious bodily injury as defined in paragraph (4) of
subdivision (f) of Section 243 of the Penal Code, is guilty of either
a misdemeanor or a felony, and shall be punished by imprisonment in
county jail not exceeding one year, or by imprisonment in the state
prison.
(e) The person against whom the hazing is directed may commence a
civil action for injury or damages. The action may be brought against
any participants in the hazing, or any organization to which the
student is seeking membership whose agents, directors, trustees,
managers, or officers authorized, requested, commanded, participated
in, or ratified the hazing.
(f) Prosecution under this section shall not prohibit prosecution
under any other provision of law.


246. Any person who shall maliciously and willfully discharge a
firearm at an inhabited dwelling house, occupied building, occupied
motor vehicle, occupied aircraft, inhabited housecar, as defined in
Section 362 of the Vehicle Code, or inhabited camper, as defined in
Section 243 of the Vehicle Code, is guilty of a felony, and upon
conviction shall be punished by imprisonment in the state prison for
three, five, or seven years, or by imprisonment in the county jail
for a term of not less than six months and not exceeding one year.
As used in this section, "inhabited" means currently being used
for dwelling purposes, whether occupied or not.



246.1. (a) Except as provided in subdivision (f), upon the
conviction of any person found guilty of murder in the first or
second degree, manslaughter, attempted murder, assault with a deadly
weapon, the unlawful discharge or brandishing of a firearm from or at
an occupied vehicle where the victim was killed, attacked, or
assaulted from or in a motor vehicle by the use of a firearm on a
public street or highway, or the unlawful possession of a firearm by
a member of a criminal street gang, as defined in subdivision (f) of
Section 186.22, while present in a vehicle the court shall order a
vehicle used in the commission of that offense sold.
Any vehicle ordered to be sold pursuant to this subdivision shall
be surrendered to the sheriff of the county or the chief of police of
the city in which the violation occurred. The officer to whom the
vehicle is surrendered shall promptly ascertain from the Department
of Motor Vehicles the names and addresses of all legal and registered
owners of the vehicle and within five days of receiving that
information, shall send by certified mail a notice to all legal and
registered owners of the vehicle other than the defendant, at the
addresses obtained from the department, informing them that the
vehicle has been declared a nuisance and will be sold or otherwise
disposed of pursuant to this section, and of the approximate date and
location of the sale or other disposition. The notice shall also
inform any legal owner of its right to conduct the sale pursuant to
subdivision (b).
(b) Any legal owner which in the regular course of its business
conducts sales of repossessed or surrendered motor vehicles may take
possession and conduct the sale of the vehicle if it notifies the
officer to whom the vehicle is surrendered of its intent to conduct
the sale within 15 days of the mailing of the notice pursuant to
subdivision (a). Sale of the vehicle pursuant to this subdivision
may be conducted at the time, in the manner, and on the notice
usually given by the legal owner for the sale of repossessed or
surrendered vehicles. The proceeds of any sale conducted by the
legal owner shall be disposed of as provided in subdivision (d).
(c) If the legal owner does not notify the officer to whom the
vehicle is surrendered of its intent to conduct the sale as provided
in subdivision (b), the officer shall offer the vehicle for sale at
public auction within 60 days of receiving the vehicle. At least 10
days but not more than 20 days prior to the sale, not counting the
day of sale, the officer shall give notice of the sale by advertising
once in a newspaper of general circulation published in the city or
county, as the case may be, in which the vehicle is located, which
notice shall contain a description of the make, year, model,
identification number, and license number of the vehicle, and the
date, time, and location of the sale. For motorcycles, the engine
number shall also be included. If there is no newspaper of general
circulation published in the county, notice shall be given by posting
a notice of sale containing the information required by this
subdivision in three of the most public places in the city or county
in which the vehicle is located and at the place where the vehicle is
to be sold for 10 consecutive days prior to and including the day of
the sale.
(d) The proceeds of a sale conducted pursuant to this section
shall be disposed of in the following priority:
(1) To satisfy the costs of the sale, including costs incurred
with respect to the taking and keeping of the vehicle pending sale.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of sale, including
accrued interest or finance charges and delinquency charges.
(3) To the holder of any subordinate lien or encumbrance on the
vehicle to satisfy any indebtedness so secured if written
notification of demand is received before distribution of the
proceeds is completed. The holder of a subordinate lien or
encumbrance, if requested, shall reasonably furnish reasonable proof
of its interest, and unless it does so on request is not entitled to
distribution pursuant to this paragraph.
(4) To any other person who can establish an interest in the
vehicle, including a community property interest, to the extent of
his or her provable interest.
(5) The balance, if any, to the city or county in which the
violation occurred, to be deposited in a special account in its
general fund to be used exclusively to pay the costs or a part of the
costs of providing services or education to prevent juvenile
violence.
The person conducting the sale shall disburse the proceeds of the
sale as provided in this subdivision, and provide a written
accounting regarding the disposition to all persons entitled to or
claiming a share of the proceeds, within 15 days after the sale is
conducted.
(e) If the vehicle to be sold under this section is not of the
type that can readily be sold to the public generally, the vehicle
shall be destroyed or donated to an eleemosynary institution.
(f) No vehicle may be sold pursuant to this section in either of
the following circumstances:
(1) The vehicle is stolen, unless the identity of the legal and
registered owners of the vehicle cannot be reasonably ascertained.
(2) The vehicle is owned by another, or there is a community
property interest in the vehicle owned by a person other than the
defendant and the vehicle is the only vehicle available to the
defendant's immediate family which may be operated on the highway
with a class 3 or class 4 driver's license.
(g) A vehicle is used in the commission of a violation of the
offenses enumerated in subdivision (a) if a firearm is discharged
either from the vehicle at another person or by an occupant of a
vehicle other than the vehicle in which the victim is an occupant.




246.3. (a) Except as otherwise authorized by law, any person who
willfully discharges a firearm in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year, or by imprisonment in the state prison.
(b) Except as otherwise authorized by law, any person who
willfully discharges a BB device in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year.
(c) As used in this section, "BB device" means any instrument that
expels a projectile, such as a BB or a pellet, through the force of
air pressure, gas pressure, or spring action.


247. (a) Any person who willfully and maliciously discharges a
firearm at an unoccupied aircraft is guilty of a felony.
(b) Any person who discharges a firearm at an unoccupied motor
vehicle or an uninhabited building or dwelling house is guilty of a
public offense punishable by imprisonment in the county jail for not
more than one year or in the state prison. This subdivision does not
apply to shooting at an abandoned vehicle, unoccupied vehicle,
uninhabited building, or dwelling house with the permission of the
owner.
As used in this section and Section 246 "aircraft" means any
contrivance intended for and capable of transporting persons through
the airspace.



247.5. Any person who willfully and maliciously discharges a laser
at an aircraft, whether in motion or in flight, while occupied, is
guilty of a violation of this section, which shall be punishable as
either a misdemeanor by imprisonment in the county jail for not more
than one year or by a fine of one thousand dollars ($1,000), or a
felony by imprisonment in the state prison for 16 months, two years,
or three years, or by a fine of two thousand dollars ($2,000). This
section does not apply to the conduct of laser development activity
by or on behalf of the United States Armed Forces.
As used in this section, "aircraft" means any contrivance intended
for and capable of transporting persons through the airspace.
As used in this section, "laser" means a device that utilizes the
natural oscillations of atoms or molecules between energy levels for
generating coherent electromagnetic radiation in the ultraviolet,
visible, or infrared region of the spectrum, and when discharged
exceeds one milliwatt continuous wave.




248. Any person who, with the intent to interfere with the
operation of an aircraft, willfully shines a light or other bright
device, of an intensity capable of impairing the operation of an
aircraft, at an aircraft, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not exceeding one year, or by both that fine and imprisonment.[/align]

[هيثم الفقى]

[align=left]
ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD
MORALS
RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN, AND
SEDUCTION
261. (a) Rape is an act of ***ual intercourse accomplished with a
person not the spouse of the perpetrator, under any of the following
circumstances:
(1) Where a person is incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act. Notwithstanding the existence of a conservatorship pursuant
to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or
physical disability rendered the alleged victim incapable of giving
consent.
(2) Where it is accomplished against a person's will by means of
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating
or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known by the
accused.
(4) Where a person is at the time unconscious of the nature of the
act, and this is known to the accused. As used in this paragraph,
"unconscious of the nature of the act" means incapable of resisting
because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the ***ual penetration served a
professional purpose when it served no professional purpose.
(5) Where a person submits under the belief that the person
committing the act is the victim's spouse, and this belief is induced
by any artifice, pretense, or concealment practiced by the accused,
with intent to induce the belief.
(6) Where the act is accomplished against the victim's will by
threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
perpetrator will execute the threat. As used in this paragraph,
"threatening to retaliate" means a threat to kidnap or falsely
imprison, or to inflict extreme pain, serious bodily injury, or
death.
(7) Where the act is accomplished against the victim's will by
threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a
reasonable belief that the perpetrator is a public official. As used
in this paragraph, "public official" means a person employed by a
governmental agency who has the authority, as part of that position,
to incarcerate, arrest, or deport another. The perpetrator does not
actually have to be a public official.
(b) As used in this section, "duress" means a direct or implied
threat of force, violence, danger, or retribution sufficient to
coerce a reasonable person of ordinary susceptibilities to perform an
act which otherwise would not have been performed, or acquiesce in
an act to which one otherwise would not have submitted. The total
circumstances, including the age of the victim, and his or her
relationship to the defendant, are factors to consider in appraising
the existence of duress.
(c) As used in this section, "menace" means any threat,
declaration, or act which shows an intention to inflict an injury
upon another.



261.5. (a) Unlawful ***ual intercourse is an act of ***ual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor. For the purposes of this
section, a "minor" is a person under the age of 18 years and an
"adult" is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful ***ual
intercourse with a minor who is not more than three years older or
three years younger than the perpetrator, is guilty of a misdemeanor.

(c) Any person who engages in an act of unlawful ***ual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment in the state prison.
(d) Any person 21 years of age or older who engages in an act of
unlawful ***ual intercourse with a minor who is under 16 years of age
is guilty of either a misdemeanor or a felony, and shall be punished
by imprisonment in a county jail not exceeding one year, or by
imprisonment in the state prison for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an
adult who engages in an act of ***ual intercourse with a minor in
violation of this section may be liable for civil penalties in the
following amounts:
(A) An adult who engages in an act of unlawful ***ual intercourse
with a minor less than two years younger than the adult is liable for
a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful ***ual intercourse
with a minor at least two years younger than the adult is liable for
a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful ***ual intercourse
with a minor at least three years younger than the adult is liable
for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of
unlawful ***ual intercourse with a minor under 16 years of age is
liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000).
(2) The district attorney may bring actions to recover civil
penalties pursuant to this subdivision. From the amounts collected
for each case, an amount equal to the costs of pursuing the action
shall be deposited with the treasurer of the county in which the
judgment was entered, and the remainder shall be deposited in the
Underage Pregnancy Prevention Fund, which is hereby created in the
State Treasury. Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing
underage pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section with the proceeds of this fine
to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.



261.6. In prosecutions under Section 261, 262, 286, 288a, or 289,
in which consent is at issue, "consent" shall be defined to mean
positive cooperation in act or attitude pursuant to an exercise of
free will. The person must act freely and voluntarily and have
knowledge of the nature of the act or transaction involved.
A current or previous dating or marital relationship shall not be
sufficient to constitute consent where consent is at issue in a
prosecution under Section 261, 262, 286, 288a, or 289.
Nothing in this section shall affect the admissibility of evidence
or the burden of proof on the issue of consent.



261.7. In prosecutions under Section 261, 262, 286, 288a, or 289,
in which consent is at issue, evidence that the victim suggested,
requested, or otherwise communicated to the defendant that the
defendant use a condom or other birth control device, without
additional evidence of consent, is not sufficient to constitute
consent.



262. (a) Rape of a person who is the spouse of the perpetrator is
an act of ***ual intercourse accomplished under any of the following
circumstances:
(1) Where it is accomplished against a person's will by means of
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the person or another.
(2) Where a person is prevented from resisting by any intoxicating
or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known, by the
accused.
(3) Where a person is at the time unconscious of the nature of the
act, and this is known to the accused. As used in this paragraph,
"unconscious of the nature of the act" means incapable of resisting
because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
(4) Where the act is accomplished against the victim's will by
threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
perpetrator will execute the threat. As used in this paragraph,
"threatening to retaliate" means a threat to kidnap or falsely
imprison, or to inflict extreme pain, serious bodily injury, or
death.
(5) Where the act is accomplished against the victim's will by
threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a
reasonable belief that the perpetrator is a public official. As used
in this paragraph, "public official" means a person employed by a
governmental agency who has the authority, as part of that position,
to incarcerate, arrest, or deport another. The perpetrator does not
actually have to be a public official.
(b) As used in this section, "duress" means a direct or implied
threat of force, violence, danger, or retribution sufficient to
coerce a reasonable person of ordinary susceptibilities to perform an
act which otherwise would not have been performed, or acquiesce in
an act to which one otherwise would not have submitted. The total
circumstances, including the age of the victim, and his or her
relationship to the defendant, are factors to consider in apprising
the existence of duress.
(c) As used in this section, "menace" means any threat,
declaration, or act that shows an intention to inflict an injury upon
another.
(d) If probation is granted upon conviction of a violation of this
section, the conditions of probation may include, in lieu of a fine,
one or both of the following requirements:
(1) That the defendant make payments to a battered women's
shelter, up to a maximum of one thousand dollars ($1,000).
(2) That the defendant 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.
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, 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. Where 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 this section, 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
section, until all separate property of the offending spouse is
exhausted.



263. The essential guilt of rape consists in the outrage to the
person and feelings of the victim of the rape. Any ***ual
penetration, however slight, is sufficient to complete the crime.



264. (a) Rape, as defined in Section 261 or 262, is punishable by
imprisonment in the state prison for three, six, or eight years.
(b) In addition to any punishment imposed under this section the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates Section 261 or 262 with the proceeds of this
fine to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.



264.1. The provisions of Section 264 notwithstanding, in any case
in which the defendant, voluntarily acting in concert with another
person, by force or violence and against the will of the victim,
committed an act described in Section 261, 262, or 289, either
personally or by aiding and abetting the other person, that fact
shall be charged in the indictment or information and if found to be
true by the jury, upon a jury trial, or if found to be true by the
court, upon a court trial, or if admitted by the defendant, the
defendant shall suffer confinement in the state prison for five,
seven, or nine years.


264.2. (a) Whenever there is an alleged violation or violations of
subdivision (e) of Section 243, or Section 261, 261.5, 262, 273.5,
286, 288a, or 289, the law enforcement officer assigned to the case
shall immediately provide the victim of the crime with the "Victims
of Domestic Violence" card, as specified in subparagraph (G) of
paragraph (9) of subdivision (c) of Section 13701.
(b) (1) The law enforcement officer, or his or her agency, shall
immediately notify the local rape victim counseling center, whenever
a victim of an alleged violation of Section 261, 261.5, 262, 286,
288a, or 289 is transported to a hospital for any medical evidentiary
or physical examination. The victim shall have the right to have a
***ual assault counselor, as defined in Section 1035.2 of the
Evidence Code, and a support person of the victim's choosing present
at any medical evidentiary or physical examination.
(2) Prior to the commencement of any initial medical evidentiary
or physical examination arising out of a ***ual assault, a victim
shall be notified orally or in writing by the medical provider that
the victim has the right to have present a ***ual assault counselor
and at least one other support person of the victim's choosing.
(3) The hospital may verify with the law enforcement officer, or
his or her agency, whether the local rape victim counseling center
has been notified, upon the approval of the victim.
(4) A support person may be excluded from a medical evidentiary or
physical examination if the law enforcement officer or medical
provider determines that the presence of that individual would be
detrimental to the purpose of the examination.




265. Every person who takes any woman unlawfully, against her will,
and by force, menace or duress, compels her to marry him, or to
marry any other person, or to be defiled, is punishable by
imprisonment in the state prison.


266. Every person who inveigles or entices any unmarried female, of
previous chaste character, under the age of 18 years, into any
house of ill fame, or of assignation, or elsewhere, for the purpose
of prostitution, or to have illicit carnal connection with any man;
and every person who aids or assists in such inveiglement or
enticement; and every person who, by any false pretenses, false
representation, or other fraudulent means, procures any female to
have illicit carnal connection with any man, is punishable by
imprisonment in the state prison, or by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding two thousand
dollars ($2,000), or by both such fine and imprisonment.



266a. Every person who, within this state, takes any person against
his or her will and without his or her consent, or with his or her
consent procured by fraudulent inducement or misrepresentation, for
the purpose of prostitution, as defined in subdivision (b) of Section
647, is punishable by imprisonment in the state prison, and a fine
not exceeding two thousand dollars ($2,000).



266b. Every person who takes any other person unlawfully, and
against his or her will, and by force, menace, or duress, compels him
or her to live with such person in an illicit relation, against his
or her consent, or to so live with any other person, is punishable by
imprisonment in the state prison.



266c. Every person who induces any other person to engage in ***ual
intercourse, ***ual penetration, oral copulation, or sodomy when his
or her consent is procured by false or fraudulent representation or
pretense that is made with the intent to create fear, and which does
induce fear, and that would cause a reasonable person in like
circumstances to act contrary to the person's free will, and does
cause the victim to so act, is punishable by imprisonment in a
county jail for not more than one year or in the state prison for
two, three, or four years.
As used in this section, "fear" means the fear of physical injury
or death to the person or to any relative of the person or member of
the person's family.



266d. Any person who receives any money or other valuable thing for
or on account of placing in custody any other person for the purpose
of causing the other person to cohabit with any person to whom the
other person is not married, is guilty of a felony.



266e. Every person who purchases, or pays any money or other
valuable thing for, any person for the purpose of prostitution as
defined in subdivision (b) of Section 647, or for the purpose of
placing such person, for immoral purposes, in any house or place
against his or her will, is guilty of a felony.



266f. Every person who sells any person or receives any money or
other valuable thing for or on account of his or her placing in
custody, for immoral purposes, any person, whether with or without
his or her consent, is guilty of a felony.




266g. Every man who, by force, intimidation, threats, persuasion,
promises, or any other means, places or leaves, or procures any other
person or persons to place or leave, his wife in a house of
prostitution, or connives at or consents to, or permits, the placing
or leaving of his wife in a house of prostitution, or allows or
permits her to remain therein, is guilty of a felony and punishable
by imprisonment in the state prison for two, three or four years; and
in all prosecutions under this section a wife is a competent witness
against her husband.


266h. (a) Except as provided in subdivision (b), any person who,
knowing another person is a prostitute, lives or derives support or
maintenance in whole or in part from the earnings or proceeds of the
person's prostitution, or from money loaned or advanced to or charged
against that person by any keeper or manager or inmate of a house or
other place where prostitution is practiced or allowed, or who
solicits or receives compensation for soliciting for the person, is
guilty of pimping, a felony, and shall be punishable by imprisonment
in the state prison for three, four, or six years.
(b) Any person who, knowing another person is a prostitute, lives
or derives support or maintenance in whole or in part from the
earnings or proceeds of the person's prostitution, or from money
loaned or advanced to or charged against that person by any keeper or
manager or inmate of a house or other place where prostitution is
practiced or allowed, or who solicits or receives compensation for
soliciting for the person, when the prostitute is a minor, is guilty
of pimping a minor, a felony, and shall be punishable as follows:
(1) If the person engaged in prostitution is a minor over the age
of 16 years, the offense is punishable by imprisonment in the state
prison for three, four, or six years.
(2) If the person engaged in prostitution is under 16 years of
age, the offense is punishable by imprisonment in the state prison
for three, six, or eight years.



266i. (a) Except as provided in subdivision (b), any person who
does any of the following is guilty of pandering, a felony, and shall
be punishable by imprisonment in the state prison for three, four,
or six years:
(1) Procures another person for the purpose of prostitution.
(2) By promises, threats, violence, or by any device or scheme,
causes, induces, persuades or encourages another person to become a
prostitute.
(3) Procures for another person a place as an inmate in a house of
prostitution or as an inmate of any place in which prostitution is
encouraged or allowed within this state.
(4) By promises, threats, violence or by any device or scheme,
causes, induces, persuades or encourages an inmate of a house of
prostitution, or any other place in which prostitution is encouraged
or allowed, to remain therein as an inmate.
(5) By fraud or artifice, or by duress of person or goods, or by
abuse of any position of confidence or authority, procures another
person for the purpose of prostitution, or to enter any place in
which prostitution is encouraged or allowed within this state, or to
come into this state or leave this state for the purpose of
prostitution.
(6) Receives or gives, or agrees to receive or give, any money or
thing of value for procuring, or attempting to procure, another
person for the purpose of prostitution, or to come into this state or
leave this state for the purpose of prostitution.
(b) Any person who does any of the acts described in subdivision
(a) with another person who is a minor is guilty of pandering, a
felony, and shall be punishable as follows:
(1) If the other person is a minor over the age of 16 years, the
offense is punishable by imprisonment in the state prison for three,
four, or six years.
(2) If the other person is under 16 years of age, the offense is
punishable by imprisonment in the state prison for three, six, or
eight years.



266j. Any person who intentionally gives, transports, provides, or
makes available, or who offers to give, transport, provide, or make
available to another person, a child under the age of 16 for the
purpose of any lewd or lascivious act as defined in Section 288, or
who causes, induces, or persuades a child under the age of 16 to
engage in such an act with another person, is guilty of a felony and
shall be imprisoned in the state prison for a term of three, six, or
eight years, and by a fine not to exceed fifteen thousand dollars
($15,000).


266k. (a) Upon the conviction of any person for a violation of
Section 266h, 266i, or 266j, the court may, in addition to any other
penalty or fine imposed, order the defendant to pay an additional
fine not to exceed five thousand dollars ($5,000). In setting the
amount of the fine, the court shall consider any relevant factors
including, but not limited to, the seriousness and gravity of the
offense and the circumstances of its commission, whether the
defendant derived any economic gain as the result of the crime, and
the extent to which the victim suffered losses as a result of the
crime. Every fine imposed and collected under this section shall be
deposited in the Victim-Witness Assistance Fund to be available for
appropriation to fund child ***ual exploitation and child ***ual
abuse victim counseling centers and prevention programs under Section
13837.
(b) If the court orders a fine to be imposed pursuant to this
section, the actual administrative cost of collecting that fine, not
to exceed 2 percent of the total amount paid, may be paid into the
general fund of the county treasury for the use and benefit of the
county.



267. Every person who takes away any other person under the age of
18 years from the father, mother, guardian, or other person having
the legal charge of the other person, without their consent, for the
purpose of prostitution, is punishable by imprisonment in the state
prison, and a fine not exceeding two thousand dollars ($2,000).




269. (a) Any person who commits any of the following acts upon a
child who is under 14 years of age and seven or more years younger
than the person is guilty of aggravated ***ual assault of a child:
(1) Rape, in violation of paragraph (2) or (6) of subdivision (a)
of Section 261.
(2) Rape or ***ual penetration, in concert, in violation of
Section 264.1.
(3) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286.
(4) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a.
(5) ***ual penetration, in violation of subdivision (a) of Section
289.
(b) Any person who violates this section is guilty of a felony and
shall be punished by imprisonment in the state prison for 15 years
to life.
(c) The court shall impose a consecutive sentence for each offense
that results in a conviction under this section if the crimes
involve separate victims or involve the same victim on separate
occasions as defined in subdivision (d) of Section 667.6.
[/align]

[هيثم الفقى]

[align=left]
270. If a parent of a minor child willfully omits, without lawful
excuse, to furnish necessary clothing, food, shelter or medical
attendance, or other remedial care for his or her child, he or she is
guilty of a misdemeanor punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in the county jail not
exceeding one year, or by both such fine and imprisonment. If a
court of competent jurisdiction has made a final adjudication in
either a civil or a criminal action that a person is the parent of a
minor child and the person has notice of such adjudication and he or
she then willfully omits, without lawful excuse, to furnish necessary
clothing, food, shelter, medical attendance or other remedial care
for his or her child, this conduct is punishable by imprisonment in
the county jail not exceeding one year or in a state prison for a
determinate term of one year and one day, or by a fine not exceeding
two thousand dollars ($2,000), or by both such fine and imprisonment.
This statute shall not be construed so as to relieve such parent
from the criminal liability defined herein for such omission merely
because the other parent of such child is legally entitled to the
custody of such child nor because the other parent of such child or
any other person or organization voluntarily or involuntarily
furnishes such necessary food, clothing, shelter or medical
attendance or other remedial care for such child or undertakes to do
so.
Proof of abandonment or desertion of a child by such parent, or
the omission by such parent to furnish necessary food, clothing,
shelter or medical attendance or other remedial care for his or her
child is prima facie evidence that such abandonment or desertion or
omission to furnish necessary food, clothing, shelter or medical
attendance or other remedial care is willful and without lawful
excuse.
The court, in determining the ability of the parent to support his
or her child, shall consider all income, including social insurance
benefits and gifts.
The provisions of this section are applicable whether the parents
of such child are or were ever married or divorced, and regardless of
any decree made in any divorce action relative to alimony or to the
support of the child. A child conceived but not yet born is to be
deemed an existing person insofar as this section is concerned.
The husband of a woman who bears a child as a result of artificial
insemination shall be considered the father of that child for the
purpose of this section, if he consented in writing to the artificial
insemination.
If a parent provides a minor with treatment by spiritual means
through prayer alone in accordance with the tenets and practices of a
recognized church or religious denomination, by a duly accredited
practitioner thereof, such treatment shall constitute "other remedial
care", as used in this section.



270.5. (a) Every parent who refuses, without lawful excuse, to
accept his or her minor child into the parent's home, or, failing to
do so, to provide alternative shelter, upon being requested to do so
by a child protective agency and after being informed of the duty
imposed by this statute to do so, is guilty of a misdemeanor and
shall be punished by a fine of not more than five hundred dollars
($500).
(b) For purposes of this section, "child protective agency" means
a police or sheriff's department, a county probation department, or a
county welfare department.
(c) For purposes of this section, "lawful excuse" shall include,
but not be limited to, a reasonable fear that the minor child's
presence in the home will endanger the safety of the parent or other
persons residing in the home.



270.6. If a court of competent jurisdiction has made a temporary or
permanent order awarding spousal support that a person must pay, the
person has notice of that order, and he or she then leaves the
state with the intent to willfully omit, without lawful excuse, to
furnish the spousal support, he or she is punishable by imprisonment
in a county jail for a period not exceeding one year, a fine not
exceeding two thousand dollars ($2,000), or both that imprisonment
and fine.



270a. Every individual who has sufficient ability to provide for
his or her spouse's support, or who is able to earn the means of such
spouse's support, who willfully abandons and leaves his or her
spouse in a destitute condition, or who refuses or neglects to
provide such spouse with necessary food, clothing, shelter, or
medical attendance, unless by such spouse's conduct the individual
was justified in abandoning such spouse, is guilty of a misdemeanor.



270b. After arrest and before plea or trial, or after conviction or
plea of guilty and before sentence under either Section 270 or 270a,
if the defendant shall appear before the court and enter into an
undertaking with sufficient sureties to the people of the State of
California in such penal sum as the court may fix, to be approved by
the court, and conditioned that the defendant will pay to the person
having custody of such child or to such spouse, such sum per month as
may be fixed by the court in order to thereby provide such minor
child or such spouse as the case may be, with necessary food,
shelter, clothing, medical attendance, or other remedial care, then
the court may suspend proceedings or sentence therein; and such
undertaking is valid and binding for two years, or such lesser time
which the court shall fix; and upon the failure of defendant to
comply with such undertaking, the defendant may be ordered to appear
before the court and show cause why further proceedings should not be
had in such action or why sentence should not be imposed, whereupon
the court may proceed with such action, or pass sentence, or for good
cause shown may modify the order and take a new undertaking and
further suspend proceedings or sentence for a like period.



270c. Except as provided in Chapter 2 (commencing with Section
4410) of Part 4 of Division 9 of the Family Code, every adult child
who, having the ability so to do, fails to provide necessary food,
clothing, shelter, or medical attendance for an indigent parent, is
guilty of a misdemeanor.



270d. In any case where there is a conviction and sentence under
the provisions of either Section 270 or 270a, should a fine be
imposed, such fine shall be directed by the court to be paid in whole
or in part to the spouse of the defendant or guardian or custodian
of the child or children of such defendant, except as follows:
If the children are receiving public assistance, all fines,
penalties or forfeitures imposed and all funds collected from the
defendant shall be paid to the county department. Money so paid
shall be applied first to support for the calendar month following
its receipt by the county department and any balance remaining shall
be applied to future needs, or be treated as reimbursement for past
support furnished from public assistance funds.



270e. No other evidence shall be required to prove marriage of
husband and wife, or that a person is the lawful father or mother of
a child or children, than is or shall be required to prove such facts
in a civil action. In all prosecutions under either Section 270a or
270 of this code, Sections 970, 971, and 980 of the Evidence Code do
not apply, and both husband and wife shall be competent to testify to
any and all relevant matters, including the fact of marriage and the
parentage of a child or children. Proof of the abandonment and
nonsupport of a spouse, or of the omission to furnish necessary food,
clothing, shelter, or of medical attendance for a child or children
is a prima facie evidence that such abandonment and nonsupport or
omission to furnish necessary food, clothing, shelter or medical
attendance is willful. In any prosecution under Section 270, it
shall be competent for the people to prove nonaccess of husband to
wife or any other fact establishing nonpaternity of a husband. In
any prosecution pursuant to Section 270, the final establishment of
paternity or nonpaternity in another proceeding shall be admissible
as evidence of paternity or nonpaternity.



270f. Where, under the provisions of this chapter, a report is
filed by a parent of a child with the district attorney averring:
(1) That the other parent has failed to provide necessary support
and
(2) That neither the child in need of assistance nor another on
his behalf is receiving public assistance, the district attorney
shall immediately investigate the verity of such report and determine
the defaulting parent's location and financial ability to provide
the needed support, and upon a finding that the report is true shall
immediately take all steps necessary to obtain support for the child
in need of assistance.


270g. A review of each report filed with the district attorney
under Section 270f shall be made at 90-day intervals unless the
support payments have been legally terminated, the parties involved
are permanently located beyond county jurisdiction, or the defaulting
parent is complying with the provisions of this chapter.




270h. In any case where there is a conviction under either Section
270 or 270a and there is an order granting probation which includes
an order for support, the court may:
(a) Issue an execution on the order for the support payments that
accrue during the time the probation order is in effect, in the same
manner as on a judgment in a civil action for support payments. This
remedy shall apply only when there is no existing civil order of
this state or a foreign court order that has been reduced to a
judgment of this state for support of the same person or persons
included in the probation support order.
(b) Issue an earnings assignment order for support pursuant to
Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of
the Family Code as a condition of probation. This remedy shall apply
only when there is no existing civil order for support of the same
person or persons included in the probation support order upon which
an assignment order has been entered pursuant to Chapter 8
(commencing with Section 5200) of Part 5 of Division 9 of the Family
Code or pursuant to former Chapter 5 (commencing with Section 4390)
of Title 1.5 of Part 5 of Division 4 of the Civil Code.
These remedies are in addition to any other remedies available to
the court.



271. Every parent of any child under the age of 14 years, and every
person to whom any such child has been confided for nurture, or
education, who deserts such child in any place whatever with intent
to abandon it, is punishable by imprisonment in the state prison or
in the county jail not exceeding one year or by fine not exceeding
one thousand dollars ($1,000) or by both.



271a. Every person who knowingly and willfully abandons, or who,
having ability so to do, fails or refuses to maintain his or her
minor child under the age of 14 years, or who falsely, knowing the
same to be false, represents to any manager, officer or agent of any
orphan asylum or charitable institution for the care of orphans, that
any child for whose admission into such asylum or institution
application has been made is an orphan, is punishable by imprisonment
in the state prison, or in the county jail not exceeding one year,
or by fine not exceeding one thousand dollars ($1,000), or by both.



271.5. (a) No parent or other individual having lawful custody of a
minor child 72 hours old or younger may be prosecuted for a
violation of Section 270, 270.5, 271, or 271a if he or she
voluntarily surrenders physical custody of the child to personnel on
duty at a safe-surrender site.
(b) For purposes of this section, "safe-surrender site" has the
same meaning as defined in paragraph (1) of subdivision (a) of
Section 1255.7 of the Health and Safety Code.
(c) (1) For purposes of this section, "lawful custody" has the
same meaning as defined in subdivision (j) of Section 1255.7 of the
Health and Safety Code.
(2) For purposes of this section, "personnel" has the same meaning
as defined in paragraph (3) of subdivision (a) of Section 1255.7 of
the Health and Safety Code.


272. (a) (1) Every person who commits any act or omits the
performance of any duty, which act or omission causes or tends to
cause or encourage any person under the age of 18 years to come
within the provisions of Section 300, 601, or 602 of the Welfare and
Institutions Code or which act or omission contributes thereto, or
any person who, by any act or omission, or by threats, commands, or
persuasion, induces or endeavors to induce any person under the age
of 18 years or any ward or dependent child of the juvenile court to
fail or refuse to conform to a lawful order of the juvenile court, or
to do or to perform any act or to follow any course of conduct or to
so live as would cause or manifestly tend to cause that person to
become or to remain a person within the provisions of Section 300,
601, or 602 of the Welfare and Institutions Code, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail for not more than one year, or by
both fine and imprisonment in a county jail, or may be released on
probation for a period not exceeding five years.
(2) For purposes of this subdivision, a parent or legal guardian
to any person under the age of 18 years shall have the duty to
exercise reasonable care, supervision, protection, and control over
their minor child.
(b) (1) An adult stranger who is 21 years of age or older, who
knowingly contacts or communicates with a minor who is under 14 years
of age, who knew or reasonably should have known that the minor is
under 14 years of age, for the purpose of persuading and luring, or
transporting, or attempting to persuade and lure, or transport, that
minor away from the minor's home or from any location known by the
minor's parent, legal guardian, or custodian, to be a place where the
minor is located, for any purpose, without the express consent of
the minor's parent or legal guardian, and with the intent to avoid
the consent of the minor's parent or legal guardian, is guilty of an
infraction or a misdemeanor, subject to subdivision (d) of Section
17.
(2) This subdivision shall not apply in an emergency situation.
(3) As used in this subdivision, the following terms are defined
to mean:
(A) "Emergency situation" means a situation where the minor is
threatened with imminent bodily harm, emotional harm, or
psychological harm.
(B) "Contact" or "communication" includes, but is not limited to,
the use of a telephone or the Internet, as defined in Section 17538
of the Business and Professions Code.
(C) "Stranger" means a person of casual acquaintance with whom no
substantial relationship exists, or an individual with whom a
relationship has been established or promoted for the primary purpose
of victimization, as defined in subdivision (e) of Section 6600 of
the Welfare and Institutions Code.
(D) "Express consent" means oral or written permission that is
positive, direct, and unequivocal, requiring no inference or
implication to supply its meaning.
(4) This section shall not be interpreted to criminalize acts of
persons contacting minors within the scope and course of their
employment, or status as a volunteer of a recognized civic or
charitable organization.
(5) This section is intended to protect minors and to help parents
and legal guardians exercise reasonable care, supervision,
protection, and control over minor children.



273. (a) It is a misdemeanor for any person or agency to pay, offer
to pay, or to receive money or anything of value for the placement
for adoption or for the consent to an adoption of a child. This
subdivision shall not apply to any fee paid for adoption services
provided by the State Department of Social Services, a licensed
adoption agency, adoption services providers, as defined in Section
8502 of the Family Code, or an attorney providing adoption legal
services.
(b) This section shall not make it unlawful to pay or receive the
maternity-connected medical or hospital and necessary living expenses
of the mother preceding and during confinement as an act of charity,
as long as the payment is not contingent upon placement of the child
for adoption, consent to the adoption, or cooperation in the
completion of the adoption.
(c) It is a misdemeanor punishable by imprisonment in a county
jail not exceeding one year or by a fine not exceeding two thousand
five hundred dollars ($2,500) for any parent to obtain the financial
benefits set forth in subdivision (b) with the intent to receive
those financial benefits where there is an intent to do either of the
following:
(1) Not complete the adoption.
(2) Not consent to the adoption.
(d) It is a misdemeanor punishable by imprisonment in a county
jail not exceeding one year or by a fine not exceeding two thousand
five hundred dollars ($2,500) for any parent to obtain the financial
benefits set forth in subdivision (b) from two or more prospective
adopting families or persons, if either parent does both of the
following:
(1) Knowingly fails to disclose to those families or persons that
there are other prospective adopting families or persons interested
in adopting the child, with knowledge that there is an obligation to
disclose that information.
(2) Knowingly accepts the financial benefits set forth in
subdivision (b) if the aggregate amount exceeds the reasonable
maternity-connected medical or hospital and necessary living expenses
of the mother preceding and during the pregnancy.
(e) Any person who has been convicted previously of an offense
described in subdivision (c) or (d), who is separately tried and
convicted of a subsequent violation of subdivision (c) or (d), is
guilty of a public offense punishable by imprisonment in a county
jail or in the state prison.
(f) Nothing in this section shall be construed to prohibit the
prosecution of any person for a misdemeanor or felony pursuant to
Section 487 or any other provision of law in lieu of prosecution
pursuant to this section.



273a. (a) Any person who, under circumstances or conditions likely
to produce great bodily harm or death, willfully causes or permits
any child to suffer, or inflicts thereon unjustifiable physical pain
or mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of that child to be
injured, or willfully causes or permits that child to be placed in a
situation where his or her person or health is endangered, shall be
punished by imprisonment in a county jail not exceeding one year, or
in the state prison for two, four, or six years.
(b) Any person who, under circumstances or conditions other than
those likely to produce great bodily harm or death, willfully causes
or permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation where his or her person or health may be
endangered, is guilty of a misdemeanor.
(c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
(1) A mandatory minimum period of probation of 48 months.
(2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
(3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program approved by the probation
department. The defendant shall be ordered to begin participation in
the program immediately upon the grant of probation. The counseling
program shall meet the criteria specified in Section 273.1. The
defendant shall produce documentation of program enrollment to the
court within 30 days of enrollment, along with quarterly progress
reports.
(B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
(4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
(5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its
reasons for any waiver.



273ab. Any person who, having the care or custody of a child who is
under eight years of age, assaults the child by means of force that
to a reasonable person would be likely to produce great bodily
injury, resulting in the child's death, shall be punished by
imprisonment in the state prison for 25 years to life. Nothing in
this section shall be construed as affecting the applicability of
subdivision (a) of Section 187 or Section 189.



273b. No child under the age of 16 years shall be placed in any
courtroom, or in any vehicle for transportation to any place, in
company with adults charged with or convicted of crime, except in the
presence of a proper official.


273c. All fines, penalties, and forfeitures imposed and collected
under the provisions of Sections 270, 271, 271a, 273a, and 273b, or
under the provisions of any law relating to, or affecting, children,
in every case where the prosecution is instituted or conducted by a
society incorporated under the laws of this state for the prevention
of cruelty to children, inure to such society in aid of the purposes
for which it is incorporated.



273d. (a) Any person who willfully inflicts upon a child any cruel
or inhuman corporal punishment or an injury resulting in a traumatic
condition is guilty of a felony and shall be punished by imprisonment
in the state prison for two, four, or six years, or in a county jail
for not more than one year, by a fine of up to six thousand dollars
($6,000), or by both that imprisonment and fine.
(b) Any person who is found guilty of violating subdivision (a)
shall receive a four-year enhancement for a prior conviction of that
offense provided that no additional term shall be imposed under this
subdivision for any prison term served prior to a period of 10 years
in which the defendant remained free of both prison custody and the
commission of an offense that results in a felony conviction.
(c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
(1) A mandatory minimum period of probation of 36 months.
(2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
(3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program. The defendant shall be
ordered to begin participation in the program immediately upon the
grant of probation. The counseling program shall meet the criteria
specified in Section 273.1. The defendant shall produce
documentation of program enrollment to the court within 30 days of
enrollment, along with quarterly progress reports.
(B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
(4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
(5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its
reasons for any waiver.


273e. Every telephone, special delivery company or association, and
every other corporation or person engaged in the delivery of
packages, letters, notes, messages, or other matter, and every
manager, superintendent, or other agent of such person, corporation,
or association, who sends any minor in the employ or under the
control of any such person, corporation, association, or agent, to
the keeper of any house of prostitution, variety theater, or other
place of questionable repute, or to any person connected with, or any
inmate of, such house, theater, or other place, or who permits such
minor to enter such house, theater, or other place, is guilty of a
misdemeanor.



273f. Any person, whether as parent, guardian, employer, or
otherwise, and any firm or corporation, who as employer or otherwise,
shall send, direct, or cause to be sent or directed to any saloon,
gambling house, house of prostitution, or other immoral place, any
minor, is guilty of a misdemeanor.



273g. Any person who in the presence of any child indulges in any
degrading, lewd, immoral or vicious habits or practices, or who is
habitually drunk in the presence of any child in his care, custody or
control, is guilty of a misdemeanor.



273h. In all prosecutions under the provisions of either section
270, section 270a, section 270b, section 271 or section 271a, of this
code, where a conviction is had and sentence of imprisonment in the
county jail or in the city jail is imposed, the court may direct that
the person so convicted shall be compelled to work upon the public
roads or highways, or any other public work, in the county or in the
city where such conviction is had, during the term of such sentence.
And it shall be the duty of the board of supervisors of the county
where such person is imprisoned in the county jail, and of the city
council of the city where such person is imprisoned in the city jail,
where such conviction and sentence are had and where such work is
performed by a person under sentence to the county jail or to the
city jail, to allow and order the payment out of any funds available,
to the wife or to the guardian, or to the custodian of a child or
children, or to an organization, or to an individual, appointed by
the court as trustee, at the end of each calendar month, for the
support of such wife or children, a sum not to exceed two dollars for
each day's work of such person so imprisoned.




273.1. (a) Any treatment program to which a child abuser convicted
of a violation of Section 273a or 273d is referred as a condition of
probation shall meet the following criteria:
(1) Substantial expertise and experience in the treatment of
victims of child abuse and the families in which abuse and violence
have occurred.
(2) Staff providing direct service are therapists licensed to
practice in this state or are under the direct supervision of a
therapist licensed to practice in this state.
(3) Utilization of a treatment regimen designed to specifically
address the offense, including methods of preventing and breaking the
cycle of family violence, anger management, and parenting education
that focuses, among other things, on means of identifying the
developmental and emotional needs of the child.
(4) Utilization of group and individual therapy and counseling,
with groups no larger than 12 persons.
(5) Capability of identifying substance abuse and either treating
the abuse or referring the offender to a substance abuse program, to
the extent that the court has not already done so.
(6) Entry into a written agreement with the defendant that
includes an outline of the components of the program, the attendance
requirements, a requirement to attend group session free of chemical
influence, and a statement that the defendant may be removed from the
program if it is determined that the defendant is not benefiting
from the program or is disruptive to the program.
(7) The program may include, on the recommendation of the
treatment counselor, family counseling. However, no child victim
shall be compelled or required to participate in the program,
including family counseling, and no program may condition a defendant'
s enrollment on participation by the child victim. The treatment
counselor shall privately advise the child victim that his or her
participation is voluntary.
(b) If the program finds that the defendant is unsuitable, the
program shall immediately contact the probation department or the
court. The probation department or court shall either recalendar the
case for hearing or refer the defendant to an appropriate
alternative child abuser's treatment counseling program.
(c) Upon request by the child abuser's treatment counseling
program, the court shall provide the defendant's arrest report, prior
incidents of violence, and treatment history to the program.
(d) The child abuser's treatment counseling program shall provide
the probation department and the court with periodic progress reports
at least every three months that include attendance, fee payment
history, and program compliance. The program shall submit a final
evaluation that includes the program's evaluation of the defendant's
progress, and recommendation for either successful or unsuccessful
termination of the program.
(e) The defendant shall pay for the full costs of the treatment
program, including any drug testing. However, the court may waive
any portion or all of that financial responsibility upon a finding of
an inability to pay. Upon the request of the defendant, the court
shall hold a hearing to determine the defendant's ability to pay for
the treatment program. At the hearing the court may consider all
relevant information, but shall consider the impact of the costs of
the treatment program on the defendant's ability to provide food,
clothing, and shelter for the child injured by a violation of Section
273a or 273d. If the court finds that the defendant is unable to
pay for any portion of the costs of the treatment program, its
reasons for that finding shall be stated on the record. In the event
of this finding, the program fees or a portion thereof shall be
waived.
(f) All programs accepting referrals of child abusers pursuant to
this section shall accept offenders for whom fees have been partially
or fully waived. However, the court shall require each qualifying
program to serve no more than its proportionate share of those
offenders who have been granted fee waivers, and require all
qualifying programs to share equally in the cost of serving those
offenders with fee waivers.



273.4. (a) If the act constituting a felony violation of
subdivision (a) of Section 273a was female genital mutilation, as
defined in subdivision (b), the defendant shall be punished by an
additional term of imprisonment in the state prison for one year, in
addition and consecutive to the punishment prescribed by Section
273a.
(b) "Female genital mutilation" means the excision or infibulation
of the labia majora, labia minora, clitoris, or vulva, performed for
nonmedical purposes.
(c) Nothing in this section shall preclude prosecution under
Section 203, 205, or 206 or any other provision of law.



273.5. (a) Any person who willfully inflicts upon a person who is
his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father of his or her child, corporal injury resulting
in a traumatic condition, is guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not more than one
year, or by a fine of up to six thousand dollars ($6,000) or by both
that fine and imprisonment.
(b) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
(c) As used in this section, "traumatic condition" means a
condition of the body, such as a wound or external or internal
injury, whether of a minor or serious nature, caused by a physical
force.
(d) For the purpose of this section, a person shall be considered
the father or mother of another person's child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
(e) (1) Any person convicted of violating this section for acts
occurring within seven years of a previous conviction under
subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county
jail for not more than one year, or by imprisonment in the state
prison for two, four, or five years, or by both imprisonment and a
fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts
occurring within seven years of a previous conviction under
subdivision (e) of Section 243 shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail
for not more than one year, or by a fine of up to ten thousand
dollars ($10,000), or by both that imprisonment and fine.
(f) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with the
provisions of Section 1203.097.
(g) If probation is granted, or the execution or imposition of a
sentence is suspended, for any defendant convicted under subdivision
(a) who has been convicted of any prior offense specified in
subdivision (e), the court shall impose one of the following
conditions of probation:
(1) If the defendant has suffered one prior conviction within the
previous seven years for a violation of any offense specified in
subdivision (e), it shall be a condition thereof, in addition to the
provisions contained in Section 1203.097, that he or she be
imprisoned in a county jail for not less than 15 days.
(2) If the defendant has suffered two or more prior convictions
within the previous seven years for a violation of any offense
specified in subdivision (e), it shall be a condition of probation,
in addition to the provisions contained in Section 1203.097, that he
or she be imprisoned in a county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the
mandatory imprisonment required by this subdivision shall not be
imposed and shall state on the record its reasons for finding good
cause.
(h) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, consistent
with the terms of probation imposed pursuant to Section 1203.097, in
lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
(2) That the defendant 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.
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, 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. Where 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 this section, 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
section, until all separate property of the offending spouse is
exhausted.
(i) Upon conviction under subdivision (a), the sentencing court
shall also consider issuing an order restraining the defendant from
any contact with the victim, which may be valid for up to 10 years,
as determined by the court. It is the intent of the Legislature that
the length of any restraining order be based upon the seriousness of
the facts before the court, the probability of future violations, and
the safety of the victim and his or her immediate family. This
protective order may be issued by the court whether the defendant is
sentenced to state prison, county jail, or if imposition of sentence
is suspended and the defendant is placed on probation.



273.6. (a) Any intentional and knowing violation of a protective
order, as defined in Section 6218 of the Family Code, or of an order
issued pursuant to Section 527.6 or 527.8 of the Code of Civil
Procedure, or Section 15657.03 of the Welfare and Institutions Code,
is a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000), or by imprisonment in a county jail for not more
than one year, or by both that fine and imprisonment.
(b) In the event of a violation of subdivision (a) which results
in physical injury, the person shall be punished by a fine of not
more than two thousand dollars ($2,000), or by imprisonment in a
county jail for not less than 30 days nor more than one year, or by
both that fine and imprisonment. However, if the person is
imprisoned in a county jail for at least 48 hours, the court may, in
the interest of justice and for reasons stated on the record, reduce
or eliminate the 30-day minimum imprisonment required by this
subdivision. In determining whether to reduce or eliminate the
minimum imprisonment pursuant to this subdivision, the court shall
consider the seriousness of the facts before the court, whether there
are additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
(c) Subdivisions (a) and (b) shall apply to the following court
orders:
(1) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
(2) An order excluding one party from the family dwelling or from
the dwelling of the other.
(3) An order enjoining a party from specified behavior which the
court determined was necessary to effectuate the order described in
subdivision (a).
(4) Any order issued by another state that is recognized under
Part 5 (commencing with Section 6400) of Division 10 of the Family
Code.
(d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison.
(e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) that results in physical injury to a victim, the
person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment in the state prison. However, if
the person is imprisoned in a county jail for at least 30 days, the
court may, in the interest of justice and for reasons stated in the
record, reduce or eliminate the six-month minimum imprisonment
required by this subdivision. In determining whether to reduce or
eliminate the minimum imprisonment pursuant to this subdivision, the
court shall consider the seriousness of the facts before the court,
whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of
future violations, the safety of the victim, and whether the
defendant has successfully completed or is making progress with
counseling.
(f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders described in
subdivisions (a), (b), (d), and (e).
(g) (1) Every 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 Section 527.6 or 527.8 of
the Code of Civil Procedure, or Section 15657.03 of the Welfare and
Institutions Code, shall be punished under the provisions of
subdivision (g) of Section 12021.
(2) Every 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 (f) of
Section 527.9 of the Code of Civil Procedure, or subdivision (h) of
Section 6389 of the Family Code.
(h) If probation is granted upon conviction of a violation of
subdivision (a), (b), (c), (d), or (e), the court shall impose
probation consistent with the provisions of Section 1203.097, and the
conditions of probation may include, in lieu of a fine, one or both
of the following requirements:
(1) That the defendant make payments to a battered women's shelter
or to a shelter for abused elder persons or dependent adults, up to
a maximum of five thousand dollars ($5,000), pursuant to Section
1203.097.
(2) That the defendant 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.
(i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), 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. Where 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 this section, 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 section, until all separate property of the offending spouse is
exhausted.


273.65. (a) Any intentional and knowing violation of a protective
order issued pursuant to Section 213.5, 304, or 362.4 of the Welfare
and Institutions Code is a misdemeanor punishable by a fine of not
more than one thousand dollars ($1,000), or by imprisonment in a
county jail for not more than one year, or by both the fine and
imprisonment.
(b) In the event of a violation of subdivision (a) which results
in physical injury, the person shall be punished by a fine of not
more than two thousand dollars ($2,000), or by imprisonment in a
county jail for not less than 30 days nor more than one year, or by
both the fine and imprisonment. However, if the person is imprisoned
in a county jail for at least 48 hours, the court may, in the
interests of justice and for reasons stated on the record, reduce or
eliminate the 30-day minimum imprisonment required by this
subdivision. In determining whether to reduce or eliminate the
minimum imprisonment pursuant to this subdivision, the court shall
consider the seriousness of the facts before the court, whether there
are additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
(c) Subdivisions (a) and (b) shall apply to the following court
orders:
(1) An order enjoining any party from molesting, attacking,
striking, threatening, ***ually assaulting, battering, harassing,
contacting repeatedly by mail with the intent to harass, or
disturbing the peace of the other party, or other named family and
household members.
(2) An order excluding one party from the family dwelling or from
the dwelling of the other.
(3) An order enjoining a party from specified behavior which the
court determined was necessary to effectuate the order under
subdivision (a).
(d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison.
(e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) which results in physical injury to the same victim,
the person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment in the state prison. However, if
the person is imprisoned in a county jail for at least 30 days, the
court may, in the interests of justice and for reasons stated in the
record, reduce or eliminate the six-month minimum imprisonment
required by this subdivision. In determining whether to reduce or
eliminate the minimum imprisonment pursuant to this subdivision, the
court shall consider the seriousness of the facts before the court,
whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of
future violations, the safety of the victim, and whether the
defendant has successfully completed or is making progress with
counseling.
(f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders issued pursuant to
subdivisions (a), (b), (d), and (e).
(g) The court may order a person convicted under this section to
undergo counseling, and, if appropriate, to complete a batterer's
treatment program.
(h) If probation is granted upon conviction of a violation of
subdivision (a), (b), or (c), the conditions of probation may
include, in lieu of a fine, one or both of the following
requirements:
(1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
(2) That the defendant 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.
(i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), 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.



273.7. (a) Any person who maliciously publishes, disseminates, or
otherwise discloses the location of any trafficking shelter or
domestic violence shelter or any place designated as a trafficking
shelter or domestic violence shelter, without the authorization of
that trafficking shelter or domestic violence shelter, is guilty of a
misdemeanor.
(b) (1) For purposes of this section, "domestic violence shelter"
means a confidential location that provides emergency housing on a
24-hour basis for victims of ***ual assault, spousal abuse, or both,
and their families.
(2) For purposes of this section, "trafficking shelter" means a
confidential location that provides emergency housing on a 24-hour
basis for victims of human trafficking, including any person who is a
victim under Section 236.1.
(3) ***ual assault, spousal abuse, or both, include, but are not
limited to, those crimes described in Sections 240, 242, 243.4, 261,
261.5, 262, 264.1, 266, 266a, 266b, 266c, 266f, 273.5, 273.6, 285,
288, and 289.
(c) Nothing in this section shall apply to confidential
communications between an attorney and his or her client.



273.75. (a) On any charge involving acts of domestic violence as
defined in subdivisions (a) and (b) of Section 13700 of the Penal
Code or Sections 6203 and 6211 of the Family Code, the district
attorney or prosecuting city attorney shall perform or cause to be
performed, by accessing the electronic data bases enumerated in
subdivision (b), a thorough investigation of the defendant's history,
including, but not limited to, prior convictions for domestic
violence, other forms of violence or weapons offenses and any current
protective or restraining order issued by any civil or criminal
court. This information shall be presented for consideration by the
court (1) when setting bond or when releasing a defendant on his or
her own recognizance at the arraignment, if the defendant is in
custody, and (2) upon consideration of any plea agreement. In
determining bail or release upon a plea agreement, the court shall
consider the safety of the victim, the victim's children, and any
other person who may be in danger if the defendant is released.
(b) For purposes of this section, the district attorney or
prosecuting city attorney shall search or cause to be searched the
following data bases, when readily available and reasonably
accessible:
(1) The Violent Crime Information Network (VCIN).
(2) The Supervised Release File.
(3) State summary criminal history information maintained by the
Department of Justice pursuant to Section 11105 of the Penal Code.
(4) The Federal Bureau of Investigation's nationwide data base.
(5) Locally maintained criminal history records or data bases.
However, a record or data base need not be searched if the
information available in that record or data base can be obtained as
a result of a search conducted in another record or data base.
(c) If the investigation required by this section reveals a
current civil protective or restraining order or a protective or
restraining order issued by another criminal court and involving the
same or related parties, and if a protective or restraining order is
issued in the current criminal proceeding, the district attorney or
prosecuting city attorney shall send relevant information regarding
the contents of the order issued in the current criminal proceeding,
and any information regarding a conviction of the defendant, to the
other court immediately after the order has been issued. When
requested, the information described in this subdivision may be sent
to the appropriate family, juvenile, or civil court. When requested,
and upon a showing of a compelling need, the information described
in this section may be sent to a court in another state.[/align]

[هيثم الفقى]

[align=left]273.8. The Legislature hereby finds that spousal abusers present a
clear and present danger to the mental and physical well-being of the
citizens of the State of California. The Legislature further finds
that the concept of vertical prosecution, in which a specially
trained deputy district attorney, deputy city attorney, or
prosecution unit is assigned to a case after arraignment and
continuing to its completion, is a proven way of demonstrably
increasing the likelihood of convicting spousal abusers and ensuring
appropriate sentences for those offenders. In enacting this chapter,
the Legislature intends to support increased efforts by district
attorneys' and city attorneys' offices to prosecute spousal abusers
through organizational and operational techniques that have already
proven their effectiveness in selected cities and counties in this
and other states.


273.81. (a) There is hereby established in the Department of
Justice a program of financial and technical assistance for district
attorneys' or city attorneys' offices, designated the Spousal Abuser
Prosecution Program. All funds appropriated to the Department of
Justice for the purposes of this chapter shall be administered and
disbursed by the Attorney General, and shall to the greatest extent
feasible, be coordinated or consolidated with any federal or local
funds that may be made available for these purposes.
The Department of Justice shall establish guidelines for the
provision of grant awards to proposed and existing programs prior to
the allocation of funds under this chapter. These guidelines shall
contain the criteria for the selection of agencies to receive funding
and the terms and conditions upon which the Department of Justice is
prepared to offer grants pursuant to statutory authority. The
guidelines shall not constitute rules, regulations, orders, or
standards of general application.
(b) The Attorney General may allocate and award funds to cities or
counties, or both, in which spousal abuser prosecution units are
established or are proposed to be established in substantial
compliance with the policies and criteria set forth in this chapter.

(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney or by the city'
s attorney and approved by the county board of supervisors or by the
city council. Funds disbursed under this chapter shall not supplant
local funds that would, in the absence of the California Spousal
Abuser Prosecution Program, be made available to support the
prosecution of spousal abuser cases. Local grant awards made under
this program shall not be subject to review as specified in Section
10295 of the Public Contract Code.
(d) Local government recipients shall provide 20 percent matching
funds for every grant awarded under this program.



273.82. Spousal abuser prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals identified under selection criteria set forth in
Section 273.83. Enhanced prosecution efforts and resources shall
include, but not be limited to, all of the following:
(a) (1) Vertical prosecutorial representation, whereby the
prosecutor who, or prosecution unit that, makes all major court
appearances on that particular case through its conclusion, including
bail evaluation, preliminary hearing, significant law and motion
litigation, trial, and sentencing.
(2) Vertical counselor representation, whereby a trained domestic
violence counselor maintains liaison from initial court appearances
through the case's conclusion, including the sentencing phase.
(b) The assignment of highly qualified investigators and
prosecutors to spousal abuser cases. "Highly qualified" for the
purposes of this chapter means any of the following:
(1) Individuals with one year of experience in the investigation
and prosecution of felonies.
(2) Individuals with at least two years of experience in the
investigation and prosecution of misdemeanors.
(3) Individuals who have attended a program providing domestic
violence training as approved by the agency or agencies designated by
the Director of Finance pursuant to Section 13820 or the Department
of Justice.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to spousal abuser cases.
(d) Coordination with local rape victim counseling centers,
spousal abuse services programs, and victim-witness assistance
programs. That coordination shall include, but not be limited to:
referrals of individuals to receive client services; participation in
local training programs; membership and participation in local task
forces established to improve communication between criminal justice
system agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of local rape victim
counseling centers, spousal abuse victim programs, and victim-witness
assistance programs.



273.83. (a) An individual shall be the subject of a spousal abuser
prosecution effort who is under arrest for any act or omission
described in subdivisions (a) and (b) of Section 13700.
(b) In applying the spousal abuser selection criteria set forth in
subdivision (a), a district attorney or city attorney shall not
reject cases for filing exclusively on the basis that there is a
family or personal relationship between the victim and the alleged
offender.
(c) In exercising the prosecutorial discretion granted by Section
273.85, the district attorney or city attorney shall consider the
number and seriousness of the offenses currently charged against the
defendant.


273.84. Each district attorney's or city attorney's office
establishing a spousal abuser prosecution unit and receiving state
support under this chapter shall adopt and pursue the following
policies for spousal abuser cases:
(a) All reasonable prosecutorial efforts shall be made to resist
the pretrial release of a charged defendant meeting spousal abuser
selection criteria.
(b) All reasonable prosecutorial efforts shall be made to persuade
the court to impose the most severe authorized sentence upon a
person convicted after prosecution as a spousal abuser. In the
prosecution of an intrafamily ***ual abuse case, discretion may be
exercised as to the type and nature of sentence recommended to the
court.
(c) All reasonable prosecutorial efforts shall be made to reduce
the time between arrest and disposition of charge against an
individual meeting spousal abuser criteria.



273.85. (a) The selection criteria set forth in Section 273.84
shall be adhered to for each spousal abuser case unless, in the
reasonable exercise of prosecutor's discretion, extraordinary
circumstances require departure from those policies in order to
promote the general purposes and intent of this chapter.
(b) Each district attorney's and city attorney's office
establishing a spousal abuser prosecution unit and receiving state
support under this chapter shall submit the following information, on
a quarterly basis, to the Department of Justice:
(1) The number of spousal abuser cases referred to the district
attorney's or city attorney's office for possible filing.
(2) The number of spousal abuser cases filed for prosecution.
(3) The number of spousal abuser cases taken to trial.
(4) The number of spousal abuser cases tried that resulted in
conviction.



273.86. The characterization of a defendant as a "spousal abuser"
as defined by this chapter shall not be communicated to the trier of
fact.


273.87. The Department of Justice is encouraged to utilize Federal
Victims of Crimes Act (VOCA) funds or any other federal funds that
may become available in order to implement this chapter.



273.88. Administrative costs incurred by the Department of Justice
pursuant to the Spousal Abuser Prosecution Program shall not exceed 5
percent of the total funds allocated for the program.[/align]

[هيثم الفقى]

[align=left]
277. The following definitions apply for the purposes of this
chapter:
(a) "Child" means a person under the age of 18 years.
(b) "Court order" or "custody order" means a custody determination
decree, judgment, or order issued by a court of competent
jurisdiction, whether permanent or temporary, initial or modified,
that affects the custody or visitation of a child, issued in the
context of a custody proceeding. An order, once made, shall continue
in effect until it expires, is modified, is rescinded, or terminates
by operation of law.
(c) "Custody proceeding" means a proceeding in which a custody
determination is an issue, including, but not limited to, an action
for dissolution or separation, dependency, guardianship, termination
of parental rights, adoption, paternity, except actions under Section
11350 or 11350.1 of the Welfare and Institutions Code, or protection
from domestic violence proceedings, including an emergency
protective order pursuant to Part 3 (commencing with Section 6240) of
Division 10 of the Family Code.
(d) "Lawful custodian" means a person, guardian, or public agency
having a right to custody of a child.
(e) A "right to custody" means the right to the physical care,
custody, and control of a child pursuant to a custody order as
defined in subdivision (b) or, in the absence of a court order, by
operation of law, or pursuant to the Uniform Parentage Act contained
in Part 3 (commencing with Section 7600) of Division 12 of the Family
Code. Whenever a public agency takes protective custody or
jurisdiction of the care, custody, control, or conduct of a child by
statutory authority or court order, that agency is a lawful custodian
of the child and has a right to physical custody of the child. In
any subsequent placement of the child, the public agency continues to
be a lawful custodian with a right to physical custody of the child
until the public agency's right of custody is terminated by an order
of a court of competent jurisdiction or by operation of law.
(f) In the absence of a court order to the contrary, a parent
loses his or her right to custody of the child to the other parent if
the parent having the right to custody is dead, is unable or refuses
to take the custody, or has abandoned his or her family. A natural
parent whose parental rights have been terminated by court order is
no longer a lawful custodian and no longer has a right to physical
custody.
(g) "Keeps" or "withholds" means retains physical possession of a
child whether or not the child resists or objects.
(h) "Visitation" means the time for access to the child allotted
to any person by court order.
(i) "Person" includes, but is not limited to, a parent or an agent
of a parent.
(j) "Domestic violence" means domestic violence as defined in
Section 6211 of the Family Code.
(k) "Abduct" means take, entice away, keep, withhold, or conceal.



278. Every person, not having a right to custody, who maliciously
takes, entices away, keeps, withholds, or conceals any child with the
intent to detain or conceal that child from a lawful custodian shall
be punished by imprisonment in a county jail not exceeding one year,
a fine not exceeding one thousand dollars ($1,000), or both that
fine and imprisonment, or by imprisonment in the state prison for
two, three, or four years, a fine not exceeding ten thousand dollars
($10,000), or both that fine and imprisonment.



278.5. (a) Every person who takes, entices away, keeps, withholds,
or conceals a child and maliciously deprives a lawful custodian of a
right to custody, or a person of a right to visitation, shall be
punished by imprisonment in a county jail not exceeding one year, a
fine not exceeding one thousand dollars ($1,000), or both that fine
and imprisonment, or by imprisonment in the state prison for 16
months, or two or three years, a fine not exceeding ten thousand
dollars ($10,000), or both that fine and imprisonment.
(b) Nothing contained in this section limits the court's contempt
power.
(c) A custody order obtained after the taking, enticing away,
keeping, withholding, or concealing of a child does not constitute a
defense to a crime charged under this section.



278.6. (a) At the sentencing hearing following a conviction for a
violation of Section 278 or 278.5, or both, the court shall consider
any relevant factors and circumstances in aggravation, including, but
not limited to, all of the following:
(1) The child was exposed to a substantial risk of physical injury
or illness.
(2) The defendant inflicted or threatened to inflict physical harm
on a parent or lawful custodian of the child or on the child at the
time of or during the abduction.
(3) The defendant harmed or abandoned the child during the
abduction.
(4) The child was taken, enticed away, kept, withheld, or
concealed outside the United States.
(5) The child has not been returned to the lawful custodian.
(6) The defendant previously abducted or threatened to abduct the
child.
(7) The defendant substantially altered the appearance or the name
of the child.
(8) The defendant denied the child appropriate education during
the abduction.
(9) The length of the abduction.
(10) The age of the child.
(b) At the sentencing hearing following a conviction for a
violation of Section 278 or 278.5, or both, the court shall consider
any relevant factors and circumstances in mitigation, including, but
not limited to, both of the following:
(1) The defendant returned the child unharmed and prior to arrest
or issuance of a warrant for arrest, whichever is first.
(2) The defendant provided information and assistance leading to
the child's safe return.
(c) In addition to any other penalties provided for a violation of
Section 278 or 278.5, a court shall order the defendant to pay
restitution to the district attorney for any costs incurred in
locating and returning the child as provided in Section 3134 of the
Family Code, and to the victim for those expenses and costs
reasonably incurred by, or on behalf of, the victim in locating and
recovering the child. An award made pursuant to this section shall
constitute a final judgment and shall be enforceable as such.



278.7. (a) Section 278.5 does not apply to a person with a right to
custody of a child who, with a good faith and reasonable belief that
the child, if left with the other person, will suffer immediate
bodily injury or emotional harm, takes, entices away, keeps,
withholds, or conceals that child.
(b) Section 278.5 does not apply to a person with a right to
custody of a child who has been a victim of domestic violence who,
with a good faith and reasonable belief that the child, if left with
the other person, will suffer immediate bodily injury or emotional
harm, takes, entices away, keeps, withholds, or conceals that child.
"Emotional harm" includes having a parent who has committed domestic
violence against the parent who is taking, enticing away, keeping,
withholding, or concealing the child.
(c) The person who takes, entices away, keeps, withholds, or
conceals a child shall do all of the following:
(1) Within a reasonable time from the taking, enticing away,
keeping, withholding, or concealing, make a report to the office of
the district attorney of the county where the child resided before
the action. The report shall include the name of the person, the
current address and telephone number of the child and the person, and
the reasons the child was taken, enticed away, kept, withheld, or
concealed.
(2) Within a reasonable time from the taking, enticing away,
keeping, withholding, or concealing, commence a custody proceeding in
a court of competent jurisdiction consistent with the federal
Parental Kidnapping Prevention Act (Section 1738A, Title 28, United
States Code) or the Uniform Child Custody Jurisdiction Act (Part 3
(commencing with Section 3400) of Division 8 of the Family Code).
(3) Inform the district attorney's office of any change of address
or telephone number of the person and the child.
(d) For the purposes of this article, a reasonable time within
which to make a report to the district attorney's office is at least
10 days and a reasonable time to commence a custody proceeding is at
least 30 days. This section shall not preclude a person from making
a report to the district attorney's office or commencing a custody
proceeding earlier than those specified times.
(e) The address and telephone number of the person and the child
provided pursuant to this section shall remain confidential unless
released pursuant to state law or by a court order that contains
appropriate safeguards to ensure the safety of the person and the
child.


279. A violation of Section 278 or 278.5 by a person who was not a
resident of, or present in, this state at the time of the alleged
offense is punishable in this state, whether the intent to commit the
offense is formed within or outside of this state, if any of the
following apply:
(a) The child was a resident of, or present in, this state at the
time the child was taken, enticed away, kept, withheld, or concealed.

(b) The child thereafter is found in this state.
(c) A lawful custodian or a person with a right to visitation is a
resident of this state at the time the child was taken, enticed
away, kept, withheld, or concealed.



279.1. The offenses enumerated in Sections 278 and 278.5 are
continuous in nature, and continue for as long as the minor child is
concealed or detained.


279.5. When a person is arrested for an alleged violation of
Section 278 or 278.5, the court, in setting bail, shall take into
consideration whether the child has been returned to the lawful
custodian, and if not, shall consider whether there is an increased
risk that the child may not be returned, or the defendant may flee
the jurisdiction, or, by flight or concealment, evade the authority
of the court.



279.6. (a) A law enforcement officer may take a child into
protective custody under any of the following circumstances:
(1) It reasonably appears to the officer that a person is likely
to conceal the child, flee the jurisdiction with the child, or, by
flight or concealment, evade the authority of the court.
(2) There is no lawful custodian available to take custody of the
child.
(3) There are conflicting custody orders or conflicting claims to
custody and the parties cannot agree which party should take custody
of the child.
(4) The child is an abducted child.
(b) When a law enforcement officer takes a child into protective
custody pursuant to this section, the officer shall do one of the
following:
(1) Release the child to the lawful custodian of the child, unless
it reasonably appears that the release would cause the child to be
endangered, abducted, or removed from the jurisdiction.
(2) Obtain an emergency protective order pursuant to Part 3
(commencing with Section 6240) of Division 10 of the Family Code
ordering placement of the child with an interim custodian who agrees
in writing to accept interim custody.
(3) Release the child to the social services agency responsible
for arranging shelter or foster care.
(4) Return the child as ordered by a court of competent
jurisdiction.
(c) Upon the arrest of a person for a violation of Section 278 or
278.5, a law enforcement officer shall take possession of an abducted
child who is found in the company of, or under the control of, the
arrested person and deliver the child as directed in subdivision (b).

(d) Notwithstanding any other law, when a person is arrested for
an alleged violation of Section 278 or 278.5, the court shall, at the
time of the arraignment or thereafter, order that the child shall be
returned to the lawful custodian by or on a specific date, or that
the person show cause on that date why the child has not been
returned as ordered. If conflicting custodial orders exist within
this state, or between this state and a foreign state, the court
shall set a hearing within five court days to determine which court
has jurisdiction under the laws of this state and determine which
state has subject matter jurisdiction to issue a custodial order
under the laws of this state, the Uniform Child Custody Jurisdiction
Act (Part 3 (commencing with Section 3400) of Division 8 of the
Family Code), or federal law, if applicable. At the conclusion of
the hearing, or if the child has not been returned as ordered by the
court at the time of arraignment, the court shall enter an order as
to which custody order is valid and is to be enforced. If the child
has not been returned at the conclusion of the hearing, the court
shall set a date within a reasonable time by which the child shall be
returned to the lawful custodian, and order the defendant to comply
by this date, or to show cause on that date why he or she has not
returned the child as directed. The court shall only enforce its
order, or any subsequent orders for the return of the child, under
subdivision (a) of Section 1219 of the Code of Civil Procedure, to
ensure that the child is promptly placed with the lawful custodian.
An order adverse to either the prosecution or defense is reviewable
by a writ of mandate or prohibition addressed to the appropriate
court.



280. Every person who willfully causes or permits the removal or
concealment of any child in violation of Section 8713, 8803, or 8910
of the Family Code shall be punished as follows:
(a) By imprisonment in a county jail for not more than one year if
the child is concealed within the county in which the adoption
proceeding is pending or in which the child has been placed for
adoption, or is removed from that county to a place within this
state.
(b) By imprisonment in the state prison, or by imprisonment in a
county jail for not more than one year, if the child is removed from
that county to a place outside of this state.[/align]