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الموضوع: "u.s.a"california penal code

العرض المتطور

  1. #1

    افتراضي Of crimes against public justice

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



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



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


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




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



    95.1. Every person who threatens a juror with respect to a criminal
    proceeding in which a verdict has been rendered and who has the
    intent and apparent ability to carry out the threat so as to cause
    the target of the threat to reasonably fear for his or her safety or
    the safety of his or her immediate family, is guilty of a public
    offense and shall be punished by imprisonment in a county jail for
    not more than one year, or by imprisonment in the state prison, or by
    a fine not exceeding ten thousand dollars ($10,000), or by both that
    imprisonment and fine.



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



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




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



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


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



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



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

  2. #2

    افتراضي Rescues

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

  3. #3

    افتراضي Escapes and aiding therein

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



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



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

  4. #4

    افتراضي Forging, stealing, mutilating, and falsifying

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



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



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



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


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



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



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

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



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



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



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



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



    117. Every officer or person required by law to certify to the list
    of persons selected as jurors who maliciously, corruptly, or
    willfully certifies to a false or incorrect list, or a list
    containing other names than those selected, or who, being required by
    law to write down the names placed on the certified lists on
    separate pieces of paper, does not write down and place in the jury
    box the same names that are on the certified list, and no more and no
    less than are on such list, is guilty of a felony.
    [/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  5. #5

    افتراضي Perjury and subornation of perjury

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



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



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



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



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


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



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



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


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



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


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



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


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



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



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

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

  6. #6

    افتراضي Intimidating or threatening witnesses

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




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



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


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



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




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



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



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



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



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

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


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


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



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



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



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



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



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



    141. (a) Except as provided in subdivision (b), any person who
    knowingly, willfully, and intentionally alters, modifies, plants,
    places, manufactures, conceals, or moves any physical matter, with
    specific intent that the action will result in a person being charged
    with a crime or with the specific intent that the physical matter
    will be wrongfully produced as genuine or true upon any trial,
    proceeding, or inquiry whatever, is guilty of a misdemeanor.
    (b) Any peace officer who knowingly, willfully, and intentionally
    alters, modifies, plants, places, manufactures, conceals, or moves
    any physical matter, with specific intent that the action will result
    in a person being charged with a crime or with the specific intent
    that the physical matter will be wrongfully produced as genuine or
    true upon any trial, proceeding, or inquiry whatever, is guilty of a
    felony punishable by two, three, or five years in the state prison.
    (c) Nothing in this section shall preclude prosecution under both
    this section and any other provision of law.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

  7. #7

    افتراضي Other offenses against public justice

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


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



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



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

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

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




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



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



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



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



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



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




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


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



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



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



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



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



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



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



    I have read and understood the above statement.

    ______________________________________________
    Complainant

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




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



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


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



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


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



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



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


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




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



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



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


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



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



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



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


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


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



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


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



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



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


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



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



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




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



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




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



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



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



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



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

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



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

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

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



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



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



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



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


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




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



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



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



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


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



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



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



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



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



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



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




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


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


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



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




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



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


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




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


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




    181. Every person who holds, or attempts to hold, any person in
    involuntary servitude, or assumes, or attempts to assume, rights of
    ownership over any person, or who sells, or attempts to sell, any
    person to another, or receives money or anything of value, in
    consideration of placing any person in the custody, or under the
    power or control of another, or who buys, or attempts to buy, any
    person, or pays money, or delivers anything of value, to another, in
    consideration of having any person placed in his custody, or under
    his power or control, or who knowingly aids or assists in any manner
    any one thus offending, is punishable by imprisonment in the state
    prison for two, three or four years.[/align]
    مكتب
    هيثم محمود الفقى
    المحامى بالاستئناف العالى ومجلس الدولة
    المستشار القانونى لنقابة التمريض ا مساعد أمين الشباب لدى منظمة الشعوب العربية لحقوق الانسان ودعم الديمقراطية ا مراقب عام دائم بمنظمة الشعوب والبرلمانات العربية ا مراسل ومحرر صحفى ا

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