CALIFORNIA PENAL CODE
TABLE OF CONTENTS
TITLE OF THE ACT ……………………………………………. 1
THE PENAL CODE OF CALIFORNIA
PRELIMINARY PROVISIONS ………………………………………. 2-24
PART 1. OF CRIMES AND PUNISHMENTS
TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME …………… 25-29.8
TITLE 2. OF PARTIES TO CRIME ……………………………….. 30-33
TITLE 3. OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE ……… 37-38
TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE 67-77
TITLE 6. OF CRIMES AGAINST THE LEGISLATIVE POWER ……………… 85-88
TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE
CHAPTER 1. BRIBERY AND CORRUPTION ………………………….. 92-100
CHAPTER 2. RESCUES ……………………………………….. 102
CHAPTER 3. ESCAPES AND AIDING THEREIN ……………………… 107-110
CHAPTER 4. FORGING, STEALING, MUTILATING, AND FALSIFYING
JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS ………… 112-117
CHAPTER 5. PERJURY AND SUBORNATION OF PERJURY ………………. 118-131
CHAPTER 6. FALSIFYING EVIDENCE, AND BRIBING, INFLUENCING,
INTIMIDATING OR THREATENING WITNESSES ……………. 132-141
CHAPTER 7. OTHER OFFENSES AGAINST PUBLIC JUSTICE ……………. 142-181
CHAPTER 8. CONSPIRACY ……………………………………. 182-185
CHAPTER 9. CRIMINAL PROFITEERING ………………………… 186-186.8
CHAPTER 10. MONEY LAUNDERING …………………………. 186.9-186.10
CHAPTER 10.5. FRAUD AND EMBEZZLEMENT: VICTIM RESTITUTION .. 186.11-186.12
CHAPTER 11. STREET TERRORISM ENFORCEMENT AND PREVENTION ACT 186.20-186.34
TITLE 8. OF CRIMES AGAINST THE PERSON
CHAPTER 1. HOMICIDE ……………………………………… 187-199
CHAPTER 2. MAYHEM ……………………………………… 203-206.1
CHAPTER 3. KIDNAPPING ……………………………………. 207-210
CHAPTER 3.5. HOSTAGES …………………………………….. 210.5
CHAPTER 4. ROBBERY ………………………………………. 211-215
CHAPTER 5. ATTEMPTS TO KILL …………………………… 217.1-219.3
CHAPTER 6. ASSAULTS WITH INTENT TO COMMIT FELONY, OTHER THAN
ASSAULTS WITH INTENT TO MURDER ………………….. 220-222
CHAPTER 8. FALSE IMPRISONMENT AND HUMAN TRAFFICKING …………. 236-237
CHAPTER 9. ASSAULT AND BATTERY ……………………………. 240-248
TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL
ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD
MORALS
CHAPTER 1. RAPE, ABDUCTION, CARNAL ABUSE OF CHILDREN, AND
SEDUCTION …………………………………….. 261-269
CHAPTER 2. ABANDONMENT AND NEGLECT OF CHILDREN …………… 270-273.75
CHAPTER 2.5. SPOUSAL ABUSERS …………………………. 273.8-273.88
CHAPTER 4. CHILD ABDUCTION ……………………………….. 277-280
CHAPTER 5. BIGAMY, INCEST, AND THE CRIME AGAINST NATURE ……. 281-289.6
CHAPTER 5.5. SEX OFFENDERS ……………………………….. 290-294
CHAPTER 6. DNA AND FORENSIC IDENTIFICATION DATA BASE AND
DATA BANK ACT OF 1998
Article 1. Purpose and Administration …………………… 295-295.1
Article 2. Offenders Subject to Sample Collection ………… 296-296.2
Article 3. Data Base Applications …………………………. 297
Article 4. Collection and Forwarding of Samples ………….. 298-298.3
Article 5. Expungement of Information ……………………… 299
Article 6. Limitations on Disclosure ………………….. 299.5-299.7
Article 7. Construction and Severability ………………… 300-300.3
CHAPTER 7. OF CRIMES AGAINST RELIGION AND CONSCIENCE, AND
OTHER OFFENSES AGAINST GOOD MORALS …………….. 302-310.5
CHAPTER 7.5. OBSCENE MATTER …………………………….. 311-312.7
CHAPTER 7.6. HARMFUL MATTER …………………………….. 313-313.5
CHAPTER 8. INDECENT EXPOSURE, OBSCENE EXHIBITIONS, AND BAWDY
AND OTHER DISORDERLY HOUSES …………………… 314-318.6
CHAPTER 9. LOTTERIES …………………………………….. 319-329
CHAPTER 10. GAMING ……………………………………… 330-337z
CHAPTER 10.5. HORSE RACING ……………………………. 337.1-337.9
CHAPTER 11. PAWNBROKERS …………………………………… 343
CHAPTER 12. OTHER INJURIES TO PERSONS …………………….. 346-367g
CHAPTER 13. CRIMES AGAINST ELDERS, DEPENDENT ADULTS, AND
PERSONS WITH DISABILITIES ……………………. 368-368.5
TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY ……. 369a-402c
TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE ………………. 403-420.1
TITLE 11.5. CRIMINAL THREATS …………………………….. 422-422.4
TITLE 11.6. CIVIL RIGHTS
CHAPTER 1. DEFINITIONS ……………………………… 422.55-422.57
CHAPTER 2. CRIMES AND PENALTIES ……………………… 422.6-422.865
CHAPTER 3. GENERAL PROVISIONS ……………………….. 422.88-422.93
TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH
ENTRANCES ACT ……………………………….. 423-423.6
TITLE 12. OF CRIMES AGAINST THE REVENUE AND PROPERTY OF THIS STATE 424-440
TITLE 13. OF CRIMES AGAINST PROPERTY
CHAPTER 1. ARSON ………………………………………. 450-457.1
CHAPTER 2. BURGLARY ……………………………………… 458-464
CHAPTER 3. BURGLARIOUS AND LARCENOUS INSTRUMENTS AND DEADLY
WEAPONS ………………………………………. 466-469
CHAPTER 4. FORGERY AND COUNTERFEITING ……………………. 470-483.5
CHAPTER 5. LARCENY …………………………………….. 484-502.9
CHAPTER 6. EMBEZZLEMENT ………………………………….. 503-515
CHAPTER 7. EXTORTION …………………………………….. 518-527
CHAPTER 8. FALSE PERSONATION AND CHEATS ……………………. 528-539
CHAPTER 10. CRIMES AGAINST INSURED PROPERTY AND INSURERS …….. 548-551
CHAPTER 12. UNLAWFUL INTERFERENCE WITH PROPERTY
Article 1. Trespassing or Loitering Near Posted Industrial
Property …………………………………… 552-555.5
Article 2. Unlawfully Placing Signs on Public and Private
Property …………………………………… 556-556.4
Article 3. Trespass on Property Belonging to the University
of California ………………………………. 558-558.1
CHAPTER 12.5. CRIMES INVOLVING BAILMENTS …………………. 560-560.6
CHAPTER 12.6. CRIMES INVOLVING BRANDED CONTAINERS, CABINETS,
OR OTHER DAIRY EQUIPMENT …………………….. 565-566
CHAPTER 12.7. UNLAWFUL SUBLEASING OF MOTOR VEHICLES …………. 570-574
CHAPTER 14. FRAUDULENT ISSUE OF DOCUMENTS OF TITLE TO MERCHANDISE 577-583
CHAPTER 15. MALICIOUS INJURIES TO RAILROAD BRIDGES, HIGHWAYS,
BRIDGES, AND TELEGRAPHS ………………………. 587-593g
TITLE 14. MALICIOUS MISCHIEF ……………………………… 594-625c
TITLE 15. MISCELLANEOUS CRIMES
CHAPTER 1. SCHOOLS ……………………………………. 626-626.11
CHAPTER 1.1. ACCESS TO SCHOOL PREMISES ………………….. 627-627.10
CHAPTER 1.3. MASSAGE THERAPY ……………………………. 628-628.5
CHAPTER 1.4. INTERCEPTION OF WIRE, ELECTRONIC DIGITAL
PAGER,OR ELECTRONIC CELLULAR TELEPHONE
COMMUNICATIONS …………………………. 629.50-629.98
CHAPTER 1.5. INVASION OF PRIVACY ………………………….. 630-638
CHAPTER 2. OF OTHER AND MISCELLANEOUS OFFENSES ……………. 639-653.2
CHAPTER 2.5. LOITERING FOR THE PURPOSE OF ENGAGING IN A
PROSTITUTION OFFENSE ……………………. 653.20-653.28
CHAPTER 3. IMMIGRATION MATTERS ………………………. 653.55-653.61
CHAPTER 4. CRIMES COMMITTED WHILE IN CUSTODY IN CORRECTIONAL
FACILITIES …………………………………….. 653.75
TITLE 16. GENERAL PROVISIONS ………………………………. 654-678
TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME …………… 679-680
PART 2. OF CRIMINAL PROCEDURE
PRELIMINARY PROVISIONS ……………………………………… 681-691
TITLE 1. OF THE PREVENTION OF PUBLIC OFFENSES
CHAPTER 1. OF LAWFUL RESISTANCE ……………………………. 692-694
CHAPTER 2. OF THE INTERVENTION OF THE OFFICERS OF JUSTICE …….. 697-698
CHAPTER 3. SECURITY TO KEEP THE PEACE ………………………. 701-714
CHAPTER 5. SUPPRESSION OF RIOTS ……………………………. 723-727
TITLE 2. MODE OF PROSECUTION ……………………………….. 737-740
TITLE 2.5. NIGHTCOURT ………………………………………. 750
TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE
CHAPTER 1. OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES ………. 777-795
CHAPTER 2. TIME OF COMMENCING CRIMINAL ACTIONS ………………. 799-805
CHAPTER 3. COMPLAINTS BEFORE MAGISTRATES ……………………. 806-810
CHAPTER 4. THE WARRANT OF ARREST …………………………… 813-829
CHAPTER 4.2. CODE ENFORCEMENT OFFICERS ………………………. 829.5
CHAPTER 4.5. PEACE OFFICERS …………………………….. 830-832.17
CHAPTER 5. ARREST, BY WHOM AND HOW MADE ………………….. 833-851.90
CHAPTER 5a. UNIFORM ACT ON FRESH PURSUIT …………………. 852-852.4
CHAPTER 5B. INTERSTATE JURISDICTION
Article 1. Colorado River Crime Enforcement Compact …….. 853.1-853.2
Article 2. California-Nevada Compact for Jurisdiction on
Interstate Waters …………………………. 853.3-853.4
CHAPTER 5C. CITATIONS FOR MISDEMEANORS ………………… 853.5-853.85
CHAPTER 5D. FILING COMPLAINT AFTER CITATION …………………. 853.9
CHAPTER 6. RETAKING AFTER AN ESCAPE OR RESCUE ……………….. 854-855
CHAPTER 7. EXAMINATION OF THE CASE, AND DISCHARGE OF THE
DEFENDANT, OR HOLDING HIM TO ANSWER ………………. 858-883
TITLE 4. GRAND JURY PROCEEDINGS
CHAPTER 1. GENERAL PROVISIONS ……………………………… 888-892
CHAPTER 2. FORMATION OF GRAND JURY
Article 1. Qualifications of Grand Jurors ………………….. 893-894
Article 2. Listing and Selection of Grand Jurors ……………. 895-902
Article 3. Jury Commissioners …………………………. 903.1-903.4
Article 4. Impaneling of Grand Jury ……………………….. 904-913
CHAPTER 3. POWERS AND DUTIES OF GRAND JURY
Article 1. General Provisions …………………………… 914-924.6
Article 2. Investigation of County, City, and District Affairs 925-933.6
Article 3. Legal and Other Assistants for Grand Juries …….. 934-938.4
Article 4. Conduct of Investigations ……………………. 939-939.91
TITLE 5. THE PLEADINGS
CHAPTER 1. FINDING AND PRESENTMENT OF THE INDICTMENT …………. 940-945
CHAPTER 2. RULES OF PLEADING ………………………………. 948-973
TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL
CHAPTER 1. OF THE ARRAIGNMENT OF THE DEFENDANT ………………. 976-992
CHAPTER 2. SETTING ASIDE THE INDICTMENT OR INFORMATION ………. 995-999a
CHAPTER 2.2. CAREER CRIMINALS ……………………………. 999b-999h
CHAPTER 2.3. REPEAT SEXUAL OFFENDERS ……………………… 999i-999p
CHAPTER 2.4. CHILD ABUSERS ………………………………. 999q-999y
CHAPTER 2.5. SPECIAL PROCEEDINGS IN NARCOTICS AND DRUG ABUSE
CASES ……………………………………. 1000-1000.6
CHAPTER 2.6. DEFERRED ENTRY OF JUDGMENT REENTRY PROGRAM … 1000.8-1000.10
CHAPTER 2.65. CHILD ABUSE AND NEGLECT COUNSELING ……… 1000.12-1000.17
CHAPTER 2.7. MISDEMEANOR DIVERSION ……………………… 1001-1001.9
CHAPTER 2.71. AIDS PREVENTION PROGRAM IN DRUG ABUSE AND
PROSTITUTION CASES ……………………. 1001.10-1001.11
CHAPTER 2.75. DIVERSION FEES ……………………….. 1001.15-1001.16
CHAPTER 2.8. DIVERSION OF DEFENDANTS WITH COGNITIVE
DEVELOPMENTAL DISABILITIES ……………… 1001.20-1001.34
CHAPTER 2.81. PRETRIAL DIVERSION OF TRAFFIC VIOLATORS ………… 1001.40
CHAPTER 2.9. DIVERSION OF MISDEMEANOR OFFENDERS ………. 1001.50-1001.55
CHAPTER 2.9A. BAD CHECK DIVERSION ………………….. 1001.60-1001.67
CHAPTER 2.9B. PARENTAL DIVERSION …………………… 1001.70-1001.75
CHAPTER 2.95. DIVERSION RESTITUTION FEE …………………….. 1001.90
CHAPTER 3. DEMURRER AND AMENDMENT ………………………… 1002-1012
CHAPTER 4. PLEA ………………………………………… 1016-1027
CHAPTER 5. TRANSMISSION OF CERTAIN INDICTMENTS AND INFORMATION …. 1029
CHAPTER 6. CHANGE OF VENUE ………………………………. 1033-1038
CHAPTER 7. THE MODE OF TRIAL …………………………….. 1041-1045
CHAPTER 8. FORMATION OF THE TRIAL JURY AND THECALENDAR OF
ISSUES FOR TRIAL ……………………………… 1046-1051
CHAPTER 9. POSTPONEMENT OF THE TRIAL ………………………… 1053
CHAPTER 10. DISCOVERY ………………………………… 1054-1054.10
TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL
AND BEFORE JUDGMENT
CHAPTER 1. CHALLENGING THE JURY ………………………….. 1065-1089
CHAPTER 2. THE TRIAL ……………………………………. 1093-1130
CHAPTER 3. CONDUCT OF THE JURY AFTER THE CAUSE IS SUBMITTED TO
THEM ………………………………………… 1137-1142
CHAPTER 4. THE VERDICT OR FINDING ………………………… 1147-1168
CHAPTER 4.5. TRIAL COURT SENTENCING
Article 1. Initial Sentencing …………………………. 1170-1170.9
CHAPTER 4.8. PREGNANT AND PARENTING WOMEN’S ALTERNATIVE
SENTENCING PROGRAM ACT …………………….. 1174-1174.9
CHAPTER 5. BILLS OF EXCEPTION ………………………………. 1176
CHAPTER 6. NEW TRIALS …………………………………… 1179-1182
CHAPTER 7. ARREST OF JUDGMENT ……………………………. 1185-1188
TITLE 8. OF JUDGMENT AND EXECUTION
CHAPTER 1. THE JUDGMENT ……………………………….. 1191-1210.5
CHAPTER 1.4. ELECTRONIC MONITORING …………………… 1210.7-1210.16
CHAPTER 1.5. CERTIFICATION OF DRUG DIVERSION PROGRAMS …………. 1211
CHAPTER 2. THE EXECUTION ………………………………. 1213-1227.5
CHAPTER 3. CALIFORNIA COMMUNITY CORRECTIONS PERFORMANCE
INCENTIVES ………………………………… 1228-1233.10
TITLE 9. APPEALS IN FELONY CASES
CHAPTER 1. APPEALS, WHEN ALLOWED AND HOW TAKEN, AND THE EFFECT
THEREOF ……………………………………… 1235-1246
CHAPTER 1a. JUDICIAL COUNCIL RULES …………………………. 1247k
CHAPTER 2. DISMISSING AN APPEAL FOR IRREGULARITY ……………… 1248
CHAPTER 3. ARGUMENT OF THE APPEAL ………………………… 1252-1256
CHAPTER 4. JUDGMENT UPON APPEAL ………………………….. 1258-1265
TITLE 10. MISCELLANEOUS PROCEEDINGS
CHAPTER 1. BAIL
Article 1. In What Cases the Defendant May Be Admitted to
Bail ……………………………………… 1268-1276.5
Article 2. Bail Upon Being Held to Answer Before Indictment .. 1277-1281a
Article 3. Bail Upon an Indictment Before Conviction ………. 1284-1289
Article 4. Bail on Appeal ………………………………. 1291-1292
Article 5. Deposit Instead of Bail ………………………. 1295-1298
Article 5.5. Bail Fugitive Recovery Persons Act ………… 1299-1299.12
Article 6. Exoneration …………………………………. 1300-1304
Article 7. Forfeiture of the Undertaking of Bail or of the
Deposit of Money …………………………….. 1305-1308
Article 8. Recommitment of the Defendant, After Having Given
Bail or Deposited Money Instead of Bail ………… 1310-1317
Article 9. Procedure Relating to Release on Own Recognizance 1318-1319.5
Article 10. Violations ……………………………….. 1320-1320.5
CHAPTER 2. WHO MAY BE WITNESSES IN CRIMINAL ACTIONS ………. 1321-1324.1
CHAPTER 3. COMPELLING THE ATTENDANCE OF WITNESSES ………….. 1326-1332
CHAPTER 3a. ATTENDANCE OF WITNESSES OUTSIDE THE STATE ……. 1334-1334.6
CHAPTER 4. EXAMINATION OF WITNESSES CONDITIONALLY ………….. 1335-1345
CHAPTER 4.5. EXAMINATION OF VICTIMS OF SEXUAL CRIMES ……… 1346-1347.5
CHAPTER 5. EXAMINATION OF WITNESSES ON COMMISSION ………….. 1349-1362
CHAPTER 6. INQUIRY INTO THE COMPETENCE OF THE DEFENDANT BEFORE
TRIAL OR AFTER CONVICTION ……………………… 1367-1376
CHAPTER 7. COMPROMISING CERTAIN PUBLIC OFFENSES BY LEAVE OF THE
COURT ……………………………………….. 1377-1379
CHAPTER 8. DISMISSAL OF THE ACTION FOR WANT OF PROSECUTION OR
OTHERWISE ……………………………………. 1381-1388
CHAPTER 8.5. AGREEMENT ON DETAINERS …………………….. 1389-1389.8
CHAPTER 9. PROCEEDINGS AGAINST CORPORATIONS ……………….. 1390-1397
CHAPTER 10. ENTITLING AFFIDAVITS ……………………………. 1401
CHAPTER 11. ERRORS AND MISTAKES IN PLEADINGS AND OTHER
PROCEEDINGS …………………………………. 1404-1405
CHAPTER 12. DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED ……….. 1407-1413
CHAPTER 13. DISPOSITION OF EVIDENCE IN CRIMINAL CASES …….. 1417-1417.9
CHAPTER 14. DISPOSITION OF UNCLAIMED MONEY HELD BY DISTRICT
ATTORNEY OR COURT CLERK ………………………. 1420-1422
CHAPTER 15. DISQUALIFICATION OF PROSECUTING ATTORNEYS …………. 1424
TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND
APPEALS FROM SUCH CASES
CHAPTER 1. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES … 1427-1465.8
CHAPTER 2. APPEALS IN MISDEMEANOR AND INFRACTION CASES ……… 1466-1469
CHAPTER 3. TRANSFER OF MISDEMEANOR AND INFRACTION APPEALS ……… 1471
TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE
CHAPTER 1. OF THE WRIT OF HABEAS CORPUS …………………… 1473-1508
CHAPTER 2. PRETRIAL REVIEW ………………………………. 1510-1512
CHAPTER 3. OF SEARCH WARRANTS ……………………………. 1523-1542
CHAPTER 3.5. DISCLOSURE OF MEDICAL RECORDS TO LAW ENFORCEMENT
AGENCIES …………………………………… 1543-1545
CHAPTER 14. PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE ……… 1547-1558
CHAPTER 5. MISCELLANEOUS PROVISIONS RESPECTING SPECIAL
PROCEEDINGS OF A CRIMINAL NATURE ……………….. 1562-1564
TITLE 13. PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE
STATE PRISON, OR THE JAIL OF ANOTHER COUNTY, BEFORE A
COURT ……………………………………………. 1567
TITLE 15. OUTPATIENT STATUS FOR MENTALLY DISORDERED AND
DEVELOPMENTALLY DISABLED OFFENDERS ……………….. 1600-1620
PART 3. OF IMPRISONMENT AND THE DEATH PENALTY
TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS
CHAPTER 1. ESTABLISHMENT OF STATE PRISONS
Article 1. California Institution for Men ……………….. 2000-2002
Article 2. California State Prison at San Quentin ………… 2020-2022
Article 3. California State Prison at Folsom …………….. 2030-2032
Article 4. The Deuel Vocational Institution ……………… 2035-2042
Article 4.5. California Correctional Center ……………. 2043-2043.5
Article 5. Correctional Training Facility ……………… 2045-2045.6
Article 5.5. California Correctional Institution in
Monterey County ……………………… 2045.10-2045.11
Article 6. California Men’s Colony ……………………. 2046-2046.6
Article 7. California Correctional Institution at Tehachapi 2048-2048.6
CHAPTER 2. ADMINISTRATION OF STATE PRISONS
Article 1. Miscellaneous Powers and Duties of Department and
Director of Corrections ……………………… 2051-2065
Article 2. Wardens ……………………………………. 2078-2090
Article 6. Prohibition Upon Wardens, Clerks, Officers and
Employees ………………………………….. 2540-2541
CHAPTER 3. CIVIL RIGHTS OF PRISONERS
Article 1. Civil Rights ……………………………….. 2600-2603
Article 2. Prisoners as Witnesses ………………………. 2620-2626
Article 3. Sexual Abuse in Detention ……………………. 2635-2643
CHAPTER 4. TREATMENT OF PRISONERS
Article 1. Mistreatment of Prisoners ……………………. 2650-2657
Article 2. Organic Therapy …………………………….. 2670-2680
Article 3. Disposition of Insane Prisoners ………………. 2684-2685
Article 4. Temporary Removal of Prisoners ……………….. 2690-2692
Article 5. Substance Abuse Treatment ………………………. 2694
Article 6. Veterans In State Prisons ………………………. 2695
CHAPTER 5. EMPLOYMENT OF PRISONERS
Article 1. Employment of Prisoners Generally …………….. 2700-2717
Article 1.5. Joint Venture Program ………………….. 2717.1-2717.9
Article 4. Employment at Road Camps …………………….. 2760-2772
Article 5. Employment in Public Parks, Forests, etc. ……… 2780-2792
CHAPTER 6. SALE OF PRISON-MADE GOODS
Article 1. Prison Industry Authority ……………………. 2800-2818
Article 2. Sale of Prison Goods Made Outside California …… 2880-2891
CHAPTER 7. EXECUTION OF SENTENCES OF IMPRISONMENT
Article 1. Commencement of Term ………………………… 2900-2903
Article 1.5. Transfer of Prisoners ……………………… 2910-2915
Article 2.5. Credit on Term of Imprisonment ……………… 2930-2935
Article 3. Blacklist or Extortion of Discharged Prisoner …….. 2947
Article 4. Disposition of Mentally Disordered Prisoners Upon
Discharge ………………………………….. 2960-2981
Article 5. Supportive Housing Program for Mentally Ill
Parolees …………………………………. 2985-2985.5
CHAPTER 8. LENGTH OF TERM OF IMPRISONMENT AND PAROLES
Article 1. General Provisions ………………………….. 3000-3007
Article 1.5. Intensive Parole Supervision of Sex Offenders …… 3008
Article 2. Electronic Monitoring …………………….. 3010-3010.10
Article 2.3. Parole Reentry Accountability Program ………….. 3015
Article 2.4. Case Management Reentry Pilot Program ………….. 3016
Article 2.5. Interdisciplinary Assessment of Inmates ……… 3020-3021
Article 3. Paroles ………………………………….. 3040-3073.1
Article 3.5. County Boards of Parole Commissioners ……….. 3074-3089
CHAPTER 9. PRISON TO EMPLOYMENT ……………………………. 3105
TITLE 2. IMPRISONMENT OF FEMALE PRISONERS IN STATE
INSTITUTIONS
CHAPTER 1. ESTABLISHMENT OF INSTITUTION FOR WOMEN …………. 3200-3202
CHAPTER 2. ADMINISTRATION OF INSTITUTION
Article 1. Administration of Institution for Women ……….. 3325-3326
CHAPTER 3. PRISONERS …………………………………… 3400-3409
CHAPTER 4. COMMUNITY TREATMENT PROGRAMS ………………….. 3410-3424
CHAPTER 5. GENDER RESPONSIVE PROGRAMS ………………………. 3430
TITLE 2.05. POSTRELEASE COMMUNITY SUPERVISION ACT OF 2011 …… 3450-3465
TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH
CHAPTER 1. DEFINITIONS ……………………………………. 3500
CHAPTER 2. GENERAL PROVISIONS AND PROHIBITIONS ………….. 3501-3509.5
CHAPTER 3. ADMINISTRATION ………………………………. 3515-3520
CHAPTER 4. PRISONERS’ RIGHTS AS RESEARCH SUBJECTS …………. 3521-3523
CHAPTER 5. REMEDIES ………………………………………. 3524
TITLE 2.3. MEDICAL PAROLE ………………………………….. 3550
TITLE 3. EXECUTION OF DEATH PENALTY
CHAPTER 1. EXECUTING DEATH PENALTY ………………………. 3600-3607
CHAPTER 2. SUSPENSION OF EXECUTION OF DEATH PENALTY: INSANITY:
PREGNANCY …………………………………… 3700-3706
TITLE 4. COUNTY JAILS, FARMS AND CAMPS
CHAPTER 1. COUNTY JAILS ………………………………… 4000-4030
CHAPTER 1.5. JOINT COUNTY JAILS …………………………. 4050-4067
CHAPTER 2. COUNTY INDUSTRIAL FARMS AND ROAD CAMPS
Article 1. County Industrial Farms ……………………… 4100-4137
Article 2. Joint County Road Camp Act …………………… 4200-4227
Article 3. Advisory Committees for Adult Detention Facilities 4300-4305
CHAPTER 2.5. PILOT JAIL INDUSTRY PROGRAMS ………………… 4325-4329
CHAPTER 3. BLOOD DONATIONS ……………………………… 4350-4351
TITLE 4.5. COUNTY JAIL CAPITAL EXPENDITURE BOND ACT OF 1981
CHAPTER 1. FINDINGS AND DECLARATIONS …………………….. 4400-4401
CHAPTER 2. FISCAL PROVISIONS ……………………………. 4410-4422
TITLE 4.6. COUNTY JAIL CAPITAL EXPENDITURE BOND ACT OF 1984
CHAPTER 1. FINDINGS AND DECLARATIONS …………………….. 4450-4451
CHAPTER 2. FISCAL PROVISIONS ……………………………. 4460-4471
TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE
BOND ACT OF 1986
CHAPTER 1. FINDINGS AND DECLARATIONS …………………….. 4475-4476
CHAPTER 2. FISCAL PROVISIONS ……………………………. 4480-4495
TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE
AND YOUTH FACILITY BOND ACT OF 1988
CHAPTER 1. GENERAL PROVISIONS ………………………… 4496-4496.04
CHAPTER 2. PROGRAM ……………………………….. 4496.10-4496.19
CHAPTER 3. FISCAL PROVISIONS ………………………. 4496.30-4496.48
TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL
EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988
ALLOCATIONS
CHAPTER 1. GENERAL ……………………………………….. 4497
CHAPTER 2. COUNTY JAILS …………………………… 4497.02-4497.16
CHAPTER 3. JUVENILE FACILITIES …………………….. 4497.20-4497.38
CHAPTER 4. PURCHASE OF CORRECTIONAL INDUSTRY PRODUCTS
FOR CORRECTIONAL, JUVENILE, AND YOUTH
FACILITIES …………………………….. 4497.50-4497.56
TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS
CHAPTER 1. OFFENSES BY PRISONERS ………………………… 4500-4504
CHAPTER 2. ESCAPES AND RESCUES
Article 1. Escapes ……………………………………. 4530-4537
Article 2. Rescues ………………………………………. 4550
CHAPTER 3. UNAUTHORIZED COMMUNICATIONS WITH PRISONS AND
PRISONERS …………………………………… 4570-4576
CHAPTER 4. DEMOLISHING PRISONS AND JAILS ……………………. 4600
CHAPTER 5. TRIALS OF PRISONERS ………………………… 4700.1-4703
CHAPTER 6. LOCAL EXPENSES ………………………………. 4750-4758
TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS
CHAPTER 1. POWERS AND DUTIES OF GOVERNOR …………………. 4800-4813
CHAPTER 3. DUTIES OF SUPREME COURT ………………………. 4850-4852
CHAPTER 3.5. PROCEDURE FOR RESTORATION OF RIGHTS AND
APPLICATION FOR PARDON ………………… 4852.01-4852.22
CHAPTER 4. EFFECT OF FULL PARDON ………………………… 4853-4854
CHAPTER 5. INDEMNITY FOR PERSONS ERRONEOUSLY CONVICTED AND
PARDONED ……………………………………. 4900-4906
TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM
CHAPTER 1. THE DEPARTMENT OF CORRECTIONS AND REHABILITATION … 5000-5032
CHAPTER 2. THE SECRETARY OF THE DEPARTMENT OF CORRECTIONS AND
REHABILITATION ………………………………. 5050-5072
CHAPTER 3. THE BOARD OF PAROLE HEARINGS ………………….. 5075-5081
CHAPTER 3.5. THE ROBERT PRESLEY CENTER OF CRIME AND JUSTICE
STUDIES …………………………………… 5085-5088
CHAPTER 4. DIVISION OF JUVENILE FACILITIES ……………….. 6001-6005
CHAPTER 4.5. EXAMINATION OF STAFF FOR TUBERCULOSIS ………… 6006-6009
CHAPTER 5. THE CORRECTIONS STANDARDS AUTHORITY
Article 1. General Provisions ………………………….. 6024-6032
Article 2. Standards and Training of Local Corrections and
Probation Officers ………………………….. 6035-6036
Article 3. Corrections Training Fund ………………………. 6040
Article 3.5. Council on Mentally Ill Offenders ……………… 6044
Article 4. Mentally Ill Offender Crime Reduction Grants …. 6045-6045.9
CHAPTER 6. APPOINTMENT OF PERSONNEL ……………………… 6050-6055
CHAPTER 6.5. INTERNAL INVESTIGATIONS ……………………….. 6065
CHAPTER 7. DEFINITIONS …………………………………. 6080-6082
CHAPTER 8. THE MEDICAL FACILITY …………………………. 6100-6106
CHAPTER 8.2. OFFICE OF THE INSPECTOR GENERAL ……………… 6125-6141
CHAPTER 9. CONSERVATION CENTERS …………………………. 6200-6208
CHAPTER 9.2. RESTITUTION CENTERS ………………………… 6220-6236
CHAPTER 9.4. SUBSTANCE ABUSE COMMUNITY CORRECTIONAL DETENTION
CENTERS …………………………………… 6240-6246
CHAPTER 9.5. COMMUNITY CORRECTIONAL CENTERS ………………. 6250-6259
CHAPTER 9.6. WORK FURLOUGH PROGRAMS ……………………… 6260-6266
CHAPTER 9.7. SPECIAL FACILITIES ……………………………. 6267
CHAPTER 10. REGIONAL JAIL CAMPS …………………………. 6300-6304
CHAPTER 10.5. PRISON VISITOR SERVICES ……………………. 6350-6356
CHAPTER 10.7. PRISON VISITATION …………………………. 6400-6402
CHAPTER 11. MASTER PLAN CONSTRUCTION …………………….. 7000-7050
CHAPTER 12. NEW PRISON CONSTRUCTION BOND ACT OF 1981 ………. 7100-7111
CHAPTER 13. NEW PRISON CONSTRUCTION BOND ACT OF 1984 ………. 7200-7211
CHAPTER 14. NEW PRISON CONSTRUCTION BOND ACT OF 1986 ………. 7300-7311
CHAPTER 15. NEW PRISON CONSTRUCTION BOND ACT OF 1988 ………. 7400-7414
CHAPTER 16. NEW PRISON CONSTRUCTION BOND ACT OF 1990 ………. 7420-7434
CHAPTER 17. CHILDREN OF INCARCERATED PARENTS ……………… 7440-7445
TITLE 8. MEDICAL TESTING OF PRISONERS
CHAPTER 1. GENERAL PROVISIONS …………………………… 7500-7505
CHAPTER 2. PROCEDURES FOR REQUIRING HIV TESTING …………… 7510-7519
CHAPTER 3. NOTIFICATION REQUIREMENT ……………………… 7520-7523
CHAPTER 4. TESTING PROCEDURES …………………………… 7530-7531
CHAPTER 5. PENALTIES ……………………………………… 7540
CHAPTER 6. MISCELLANEOUS PROVISIONS ……………………… 7550-7554
TITLE 8.7. EXAMINATION OF INMATES AND WARDS FOR TUBERCULOSIS … 7570-7576
TITLE 9. PUNISHMENT OPTIONS
CHAPTER 1. PROGRAMS WITH SPECIAL FOCUS ON SUBSTANCE ABUSE ….. 8000-8002
CHAPTER 2. COMMUNITY-BASED PUNISHMENT ACT
Article 1. General Provisions ………………………….. 8050-8052
Article 2. State Administration ………………………… 8060-8061
Article 3. Community-Based Punishment Plan …………………. 8080
Article 4. Funding ……………………………………. 8090-8093
CHAPTER 3. SEX OFFENDER MANAGEMENT BOARD …………………. 9000-9003
TITLE 10. GENERAL PROVISIONS …………………………… 10000-10007
PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS
TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS
CHAPTER 1. INVESTIGATION, IDENTIFICATION, AND INFORMATION
RESPONSIBILITIES OF THE DEPARTMENT OF JUSTICE
Article 1. Administration ……………………………. 11006-11010
Article 2. Criminal Investigation …………………….. 11050-11055
Article 2.3. California Criminalistics Institute ……….. 11060-11062
Article 2.5. Criminal Record Dissemination …………….. 11075-11081
Article 3. Criminal Identification and Statistics ………. 11100-11112
Article 3.5. Fingerprints and Photographs ………….. 11112.1-11112.7
Article 4. Criminal Records ………………………….. 11115-11117
Article 5. Examination of Records …………………….. 11120-11127
Article 6. Unlawful Furnishing of State Summary Criminal
History Information ……………………….. 11140-11144
CHAPTER 1.5. NATIONAL SEARCH OF CRIMINAL RECORDS ………. 11145-11149.4
CHAPTER 2. CONTROL OF CRIMES AND CRIMINALS
Article 1. Release of Persons Convicted of Arson ……….. 11150-11152
Article 1.5. Reports of Disposition of Inmates …………. 11155-11158
Article 2. Reports of Injuries ……………………… 11160-11163.6
Article 2.5. Child Abuse and Neglect Reporting Act ……. 11164-11174.3
Article 2.6. Child Death Review Teams ……………. 11174.32-11174.35
Article 2.7. Elder and Dependent Adult Death Review
Teams ………………………………. 11174.4-11174.9
Article 3. Uniform Act for Out-of-State Parolee Supervision 11175-11179
Article 3.5. Interstate Compact for Adult Offender
Supervision …………………………….. 11180-11181
Article 4. Interstate Corrections Compacts …………….. 11189-11198
Article 5. Reports of Animal Cruelty, Abuse, or Neglect ……… 11199
CHAPTER 3. PREVENTION AND ABATEMENT OF UNLAWFUL ACTIVITIES
Article 1. Unlawful Liquor Sale Abatement Law ………….. 11200-11207
Article 2. Red Light Abatement Law ……………………. 11225-11235
Article 3. Control of Gambling Ships ………………….. 11300-11319
Article 4.5. Terrorizing …………………………….. 11410-11414
Article 4.6. The Hertzberg-Alarcon California Prevention of
Terrorism Act …………………………… 11415-11419
Article 6. Paramilitary Organizations ……………………… 11460
TITLE 1.5. STATEWIDE PROGRAMS OF EDUCATION, TRAINING, AND
RESEARCH FOR LOCAL PUBLIC PROSECUTORS AND PUBLIC
DEFENDERS ………………………………….. 11500-11504
TITLE 2. SENTENCE ENHANCEMENTS ………………………. 12001-12022.95
TITLE 3. CRIMINAL STATISTICS
CHAPTER 1. DEPARTMENT OF JUSTICE
Article 1. Duties of the Department …………………… 13000-13014
Article 2. Duties of Public Agencies and Officers …….. 13020-13023.5
CHAPTER 1.5. REPORTS TO THE BUREAU OF LIVESTOCK
IDENTIFICATION …………………………… 13050-13051
CHAPTER 2. CRIMINAL OFFENDER RECORD INFORMATION
Article 1. Legislative Findings and Definitions ………… 13100-13104
Article 2. Recording Information ……………………… 13125-13128
Article 3. Reporting Information ……………………… 13150-13155
Article 4. Information Service ……………………….. 13175-13177
Article 5. Access to Information ……………………… 13200-13203
Article 6. Local Summary Criminal History Information …… 13300-13305
Article 7. Examinations of Local Records ………………. 13320-13326
TITLE 4. STANDARDS AND TRAINING OF LOCAL LAW ENFORCEMENT
OFFICERS
CHAPTER 1. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING
Article 1. Administration ……………………………. 13500-13508
Article 2. Field Services and Standards for Recruitment
and Training …………………………… 13510-13519.15
Article 3. Peace Officers’ Training Fund and Allocations
Therefrom ………………………………. 13520-13526.3
Article 4. Peace Officers ……………………………. 13540-13542
Article 5. Local Law Enforcement Accreditation …………. 13550-13553
TITLE 4.5. COMMISSION ON CORRECTIONAL PEACE OFFICER STANDARDS
AND TRAINING ……………………………….. 13600-13603
TITLE 5. LAW ENFORCEMENT RESPONSE TO DOMESTIC VIOLENCE
CHAPTER 1. GENERAL PROVISIONS …………………………. 13700-13702
CHAPTER 2. RESTRAINING ORDERS …………………………. 13710-13711
CHAPTER 4. DATA COLLECTION ……………………………. 13730-13732
TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT ……….. 13775-13778
TITLE 6. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS …………… 13800-13801
CHAPTER 2. CALIFORNIA COUNCIL ON CRIMINAL JUSTICE ……………. 13812
CHAPTER 3. CRIMINAL JUSTICE PLANNING …………………… 13820-13825
CHAPTER 3.1. THE CALIFORNIA GANG, CRIME, AND VIOLENCE
PREVENTION PARTNERSHIP PROGRAM …………. 13825.1-13825.6
CHAPTER 3.5. GANG VIOLENCE SUPPRESSION ……………….. 13826-13826.7
CHAPTER 3.6. OFFICE OF GANG AND YOUTH VIOLENCE POLICY ………… 13827
CHAPTER 3.7. JUDICIAL TRAINING PROGRAMS FOR CHILD SEXUAL
ABUSE CASES ……………………………. 13828-13828.1
CHAPTER 4. CRIMINAL JUSTICE PLANNING COMMITTEE FOR STATE
JUDICIAL SYSTEM
Article 1. General Provisions ………………………… 13830-13833
Article 2. Local Assistance Centers for Victims and
Witnesses ……………………………… 13835-13835.10
Article 3. Training of Sexual Assault Investigators …… 13836-13836.2
Article 4. Rape Victim Counseling Centers ……………… 13837-13838
CHAPTER 5. CALIFORNIA COMMUNITY CRIME RESISTANCE PROGRAM …. 13840-13846
CHAPTER 5.5. RURAL INDIAN CRIME PREVENTION PROGRAM …….. 13847-13847.2
CHAPTER 5.7. HIGH TECHNOLOGY THEFT APPREHENSION AND
PROSECUTION PROGRAM …………………….. 13848-13848.4
CHAPTER 6. CALIFORNIA CAREER CRIMINAL APPREHENSION PROGRAM .. 13850-13854
CHAPTER 7. SUPPRESSION OF DRUG ABUSE IN SCHOOLS …………. 13860-13864
CHAPTER 8. INFORMATION ON RACIAL, ETHNIC AND RELIGIOUS CRIMES …. 13872
CHAPTER 8.6. LAW ENFORCEMENT RESPONSE TO DRUG
ENDANGERED CHILDREN …………………. 13879.80-13879.81
CHAPTER 9. CALIFORNIA MAJOR NARCOTIC VENDORS PROSECUTION LAW 13880-13884
CHAPTER 9.5. STATEWIDE SEXUAL PREDATOR APPREHENSION TEAM .. 13885-13885.8
CHAPTER 9.7. COUNTY SEXUAL ASSAULT FELONY ENFORCEMENT
(SAFE)TEAM PROGRAM ……………………… 13887-13887.4
CHAPTER 10. CALIFORNIA FORENSIC SCIENCE LABORATORY
ENHANCEMENT PROGRAM ……………………….. 13890-13891
CHAPTER 11. VICTIMS’ LEGAL RESOURCE CENTER ……………. 13897-13897.3
TITLE 6.5. LOCAL CRIMINAL JUSTICE PLANNING ………………. 13900-13980
TITLE 6.7. CALIFORNIA ALLIANCE TO COMBAT TRAFFICKING AND
SLAVERY (CALIFORNIA ACTS) TASK FORCE
TITLE 7.5. THE HERTZBERG-LESLIE WITNESS PROTECTION ACT ……. 14020-14033
TITLE 8. BUILDING SECURITY …………………………………. 14051
TITLE 10. COMMUNITY VIOLENCE PREVENTION AND CONFLICT
RESOLUTION ………………………………….. 14110-14121
TITLE 10.5. VIOLENT CRIMES AGAINST WOMEN ………………… 14140-14143
TITLE 10.6. COMMUNITY CONFLICT RESOLUTION PROGRAMS ……….. 14150-14156
TITLE 11. RECORDS AND REPORTS OF MONETARY INSTRUMENT
TRANSACTIONS ………………………………… 14160-14167
TITLE 11.5. CENTRAL VALLEY RURAL CRIME PREVENTION PROGRAM …. 14170-14174
TITLE 11.7. CENTRAL COAST RURAL CRIME PREVENTION PROGRAM ….. 14180-14182
TITLE 12. VIOLENT CRIME INFORMATION CENTER ………………. 14200-14213
TITLE 12.5. DNA ………………………………………. 14250-14251
TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING
PROGRAMS
CHAPTER 1. GENERAL PROVISIONS …………………………. 14300-14303
CHAPTER 2. PEACE OFFICER ENVIRONMENTAL ENFORCEMENT TRAINING ….. 14304
CHAPTER 3. ENVIRONMENTAL TRAINING AND ENFORCEMENT ……….. 14306-14308
CHAPTER 4. ENVIRONMENTAL CIRCUIT PROSECUTOR PROJECT ………….. 14309
CHAPTER 5. IMPLEMENTATION AND FUNDING PRIORITIES ………… 14314-14315
PART 5. PEACE OFFICERS’ MEMORIAL ………………………… 15001-15003
PART 6. CONTROL OF DEADLY WEAPONS
TITLE 1. PRELIMINARY PROVISIONS
DIVISION 1. GENERAL PROVISIONS ………………………… 16000-16025
DIVISION 2. DEFINITIONS ………………………………. 16100-17360
TITLE 2. WEAPONS GENERALLY
DIVISION 1. MISCELLANEOUS RULES RELATING TO WEAPONS GENERALLY 17500-17515
DIVISION 2. GENERALLY PROHIBITED WEAPONS
CHAPTER 1. EXEMPTIONS ……………………………….. 17700-17745
CHAPTER 2. MISCELLANEOUS PROVISIONS ……………………….. 17800
DIVISION 3. SURRENDER, DISPOSAL, AND ENJOINING OF WEAPONS
CONSTITUTING A NUISANCE ……………………. 18000-18010
DIVISION 4. SEIZURE OF FIREARM OR OTHER DEADLY WEAPON AT
SCENE OF DOMESTIC VIOLENCE
CHAPTER 1. SEIZURE AND SUBSEQUENT PROCEDURES …………… 18250-18275
CHAPTER 2. PROCEDURE WHERE AGENCY BELIEVES RETURN OF WEAPON
WOULD CREATE DANGER ……………………….. 18400-18420
CHAPTER 3. LIABILITY …………………………………….. 18500
DIVISION 5. DESTRUCTIVE DEVICES, EXPLOSIVES, AND SIMILAR
WEAPONS
CHAPTER 1. DESTRUCTIVE DEVICES AND EXPLOSIVES GENERALLY
Article 1. Prohibited Acts ………………………….. 18710-18780
Article 2. Exemptions …………………………………… 18800
Article 3. Permit and Inspection …………………….. 18900-18910
Article 4. Destructive Device Constituting Nuisance ………… 19000
CHAPTER 2. EXPLOSIVE SUBSTANCE OTHER THAN FIXED AMMUNITION 19100-19190
CHAPTER 3. HANDGRENADES ……………………………… 19200-19290
DIVISION 6. LESS LETHAL WEAPONS ……………………….. 19400-19405
TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS
DIVISION 1. BB DEVICES ……………………………….. 19910-19915
DIVISION 2. BLOWGUNS …………………………………. 20010-20015
DIVISION 3. BOOBYTRAP …………………………………….. 20110
DIVISION 4. IMITATION FIREARMS ………………………… 20150-20180
DIVISION 5. KNIVES AND SIMILAR WEAPONS
CHAPTER 1. GENERAL PROVISIONS …………………………….. 20200
CHAPTER 2. DISGUISED OR MISLEADING APPEARANCE
Article 1. Air Gauge Knife ………………………….. 20310-20390
Article 2. Belt Buckle Knife ………………………… 20410-20490
Article 3. Cane Sword ………………………………. 20510-20590
Article 4. Lipstick Case Knife ………………………. 20610-20690
Article 5. Shobi-zue ……………………………….. 20710-20790
Article 6. Undetectable Knife ……………………….. 20810-20820
Article 7. Writing Pen Knife ………………………… 20910-20990
CHAPTER 3. BALLISTIC KNIFE …………………………… 21110-21190
CHAPTER 4. DIRK OR DAGGER ……………………………. 21310-21390
CHAPTER 5. SWITCHBLADE KNIFE …………………………. 21510-21590
DIVISION 6. KNUCKLES
CHAPTER 1. COMPOSITE KNUCKLES OR HARD WOODEN KNUCKLES ……….. 21710
CHAPTER 2. METAL KNUCKLES ……………………………. 21810-21890
DIVISION 7. NUNCHAKU …………………………………. 22010-22090
DIVISION 8. SAPS AND SIMILAR WEAPONS …………………… 22210-22295
DIVISION 9. SHURIKEN …………………………………. 22410-22490
DIVISION 10. STUN GUN ………………………………… 22610-22625
DIVISION 11. TEAR GAS AND TEAR GAS WEAPONS
CHAPTER 1. GENERAL PROVISIONS ………………………… 22810-22840
CHAPTER 2. UNLAWFUL POSSESSION, SALE, OR TRANSPORTATION …. 22900-22910
CHAPTER 3. PERMITS ………………………………….. 23000-23025
TITLE 4. FIREARMS
DIVISION 1. PRELIMINARY PROVISIONS …………………….. 23500-23520
DIVISION 2. FIREARM SAFETY DEVICES, GUN SAFES, AND RELATED
WARNINGS …………………………………. 23620-23690
DIVISION 3. DISGUISED OR MISLEADING APPEARANCE
CHAPTER 1. MISCELLANEOUS PROVISIONS ……………………….. 23800
CHAPTER 2. OBLITERATION OF IDENTIFICATION MARKS ………… 23900-23925
CHAPTER 3. CAMOUFLAGING FIREARM CONTAINER ……………… 24310-24390
CHAPTER 4. CANE GUN …………………………………. 24410-24490
CHAPTER 5. FIREARM NOT IMMEDIATELY RECOGNIZABLE AS A FIREARM 24510-24590
CHAPTER 6. UNDETECTABLE FIREARM AND FIREARM DETECTION
EQUIPMENT ………………………………… 24610-24690
CHAPTER 7. WALLET GUN ……………………………….. 24710-24790
DIVISION 4. STORAGE OF FIREARMS
CHAPTER 1. PRELIMINARY PROVISIONS …………………………. 25000
CHAPTER 2. CRIMINAL STORAGE OF FIREARM ………………… 25100-25135
CHAPTER 3. STORAGE OF FIREARM WHERE CHILD OBTAINS ACCESS
AND CARRIES FIREARM OFF-PREMISES ……………. 25200-25225
DIVISION 5. CARRYING FIREARMS
CHAPTER 1. MISCELLANEOUS RULES RELATING TO CARRYING FIREARMS …. 25300
CHAPTER 2. CARRYING A CONCEALED FIREARM
Article 1. Crime of Carrying a Concealed Firearm …………… 25400
Article 2. Peace Officer Exemption …………………… 25450-25475
Article 3. Conditional Exemptions ……………………. 25505-25595
Article 4. Other Exemptions …………………………. 25600-25655
Article 5. Concealed Carrying of Firearm as a Nuisance ……… 25700
CHAPTER 3. CARRYING A LOADED FIREARM
Article 1. Armed Criminal Action …………………………. 25800
Article 2. Crime of Carrying a Loaded Firearm in Public …….. 25850
Article 3. Peace Officer Exemption to the Crime of
Carrying a Loaded Firearm in Public ………… 25900-25925
Article 4. Other Exemptions to the Crime of Carrying a
Loaded Firearm in Public ………………….. 26000-26060
Article 5. Loaded Firearm in a Motor Vehicle ………………. 26100
CHAPTER 4. LICENSE TO CARRY A PISTOL, REVOLVER, OR OTHER
FIREARM CAPABLE OF BEING CONCEALED UPON THE
PERSON …………………………………… 26150-26225
CHAPTER 5. RETIRED PEACE OFFICER CARRYING A CONCEALED AND
LOADED FIREARM ……………………………. 26300-26325
CHAPTER 6. OPENLY CARRYING AN UNLOADED HANDGUN
Article 1. Crime of Openly Carrying an Unloaded Handgun …….. 26350
Article 2. Exemptions ………………………………. 26361-26391
CHAPTER 7. CARRYING AN UNLOADED FIREARM THAT IS NOT A
HANDGUN IN AN INCORPORATED CITY OR CITY AND
COUNTY
Article 1. Crime of Carrying an Unloaded Firearm that is not
a Handgun in an Incorporated City or City and
County ………………………………………. 26400
Article 2. Exemptions …………………………………… 26405
DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS
CHAPTER 1. LICENSE REQUIREMENT FOR SALE, LEASE, OR TRANSFER
OF FIREARMS
Article 1. License Requirement and Miscellaneous Exceptions 26500-26590
Article 2. Exceptions Relating to Law Enforcement ……… 26600-26620
CHAPTER 2. ISSUANCE, FORFEITURE, AND CONDITIONS OF LICENSE
TO SELL, LEASE, OR TRANSFER FIREARMS AT RETAIL
Article 1. License to Sell, Lease, or Transfer Firearms at
Retail ………………………………….. 26700-26725
Article 2. Grounds for Forfeiture of License ………….. 26800-26915
Article 3. Exceptions Extending Only to Waiting Period …. 26950-26970
Article 4. Exceptions Extending Only to Grounds for
Forfeiture of License …………………….. 27000-27005
Article 5. Exceptions Relating to Law Enforcement ……… 27050-27065
Article 6. Other Exceptions …………………………. 27100-27140
CHAPTER 3. GUN SHOW OR EVENT
Article 1. Gun Show or Event ………………………… 27200-27245
Article 2. Gun Show Enforcement and Security Act of 2000 .. 27300-27350
Article 3. Exceptions Relating to Law Enforcement ……… 27400-27415
CHAPTER 4. CRIMES RELATING TO SALE, LEASE, OR TRANSFER OF
FIREARMS
Article 1. Crimes Relating to Sale, Lease, or Transfer of
Firearms ………………………………… 27500-27590
Article 2. Exceptions Relating to Law Enforcement ……… 27600-27620
Article 3. Exceptions Extending Only to Waiting Period …. 27650-27670
Article 4. Exceptions to Restrictions on Delivery of a
Firearm …………………………………. 27700-27750
Article 5. Exceptions to the Requirement of Obtaining a
Verification Number ………………………. 27805-27835
Article 6. Exceptions to the Requirement of Using a Dealer
for a Private Party Firearms Transaction ……. 27850-27966
Article 7. Report to Department of Justice ………………… 28000
CHAPTER 5. PROCEDURE FOR A PRIVATE PARTY FIREARMS
TRANSACTION ………………………………. 28050-28070
CHAPTER 6. RECORDKEEPING, BACKGROUND CHECKS, AND FEES
RELATING TO SALE, LEASE, OR TRANSFER OF
FIREARMS
Article 1. General Provisions Relating to the Register or
the Record of Electronic or Telephonic
Transfer ………………………………… 28100-28110
Article 2. Form of the Register or the Record of
Electronic Transfer ………………………. 28150-28180
Article 3. Submission of Fees and Firearm Purchaser
Information to the Department of Justice ……. 28200-28255
Article 4. Firearms Safety and Enforcement Special Fund …….. 28300
Article 5. Exceptions Relating to Law Enforcement ……… 28400-28415
Article 6. Centralized List of Exempted Federal Firearms
Licensees ……………………………….. 28450-28490
DIVISION 7. MANUFACTURE OF FIREARMS
CHAPTER 1. LICENSE REQUIREMENT FOR MANUFACTURE OF FIREARMS …… 29010
CHAPTER 2. ISSUANCE, FORFEITURE, AND CONDITIONS OF LICENSE
TO MANUFACTURE FIREARMS
Article 1. Preliminary Provisions ………………………… 29030
Article 2. Licensing Process ………………………… 29050-29075
Article 3. Prohibitions and Requirements Applicable to
Licensee ………………………………… 29100-29150
DIVISION 8. MISCELLANEOUS RULES RELATING TO FIREARMS
GENERALLY
CHAPTER 1. MISCELLANEOUS PROVISIONS ……………………….. 29300
CHAPTER 2. ENTERTAINMENT FIREARMS PERMIT ………………. 29500-29535
DIVISION 9. SPECIAL FIREARM RULES RELATING TO PARTICULAR
PERSONS
CHAPTER 1. JUVENILE
Article 1. Possession of Handgun …………………….. 29610-29615
Article 2. Possession of Live Ammunition ……………… 29650-29655
Article 3. Punishment ………………………………. 29700-29705
Article 4. Legislative Intent ……………………………. 29750
CHAPTER 2. PERSON CONVICTED OF SPECIFIED OFFENSE, ADDICTED
TO NARCOTIC, OR SUBJECT TO COURT ORDER
Article 1. Prohibitions on Firearm Access …………….. 29800-29830
Article 2. Exemption or Petition for Relief …………… 29850-29865
Article 3. Miscellaneous Provisions ………………………. 29875
CHAPTER 3. PERSON CONVICTED OF VIOLENT OFFENSE …………. 29900-29905
CHAPTER 4. PROHIBITED ARMED PERSONS FILE ………………. 30000-30015
CHAPTER 5. FIREARMS ELIGIBILITY CHECK
Article 1. Firearms Eligibility Check …………………….. 30105
Article 2. Exceptions Relating to Law Enforcement ……… 30150-30165
DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF
FIREARMS OR FIREARM EQUIPMENT
CHAPTER 1. AMMUNITION
Article 1. Flechette Dart Ammunition or Bullet Containing
or Carrying an Explosive Agent …………….. 30210-30290
Article 2. Other Restrictions Relating to Ammunition …… 30300-30340
Article 3. Handgun Ammunition Vendors ………………… 30345-30365
CHAPTER 2. ASSAULT WEAPONS AND .50 BMG RIFLES
Article 1. General Provisions ……………………….. 30500-30530
Article 2. Unlawful Acts Relating to Assault Weapons and
.50 BMG Rifles …………………………… 30600-30675
Article 3. SKS Rifles ………………………………. 30710-30735
Article 4. Assault Weapon or .50 BMG Rifle Constituting
Nuisance …………………………………….. 30800
Article 5. Registration of Assault Weapons and .50 BMG
Rifles and Related Rules ………………….. 30900-30965
Article 6. Permits for Assault Weapons and .50 BMG Rifles 31000-31005
Article 7. Licensed Gun Dealers ……………………… 31050-31055
Article 8. Miscellaneous Provisions ………………….. 31100-31115
CHAPTER 3. BODY ARMOR ……………………………….. 31310-31360
CHAPTER 4. HANDGUNS AND FIREARM SAFETY
Article 1. Unconventional Pistol …………………….. 31500-31590
Article 2. Firearm Safety Certificate ………………… 31610-31670
Article 3. Exceptions to Firearm Safety Certificate
Requirement ……………………………… 31700-31835
Article 4. “Unsafe Handgun” and Related Definitions ……. 31900-31910
Article 5. Rules Governing Unsafe Handguns ……………. 32000-32030
Article 6. Exceptions to Rules Governing Unsafe Handguns .. 32100-32110
CHAPTER 5. LARGE-CAPACITY MAGAZINE
Article 1. Rules Governing Large-Capacity Magazines ……. 32310-32390
Article 2. Exceptions Relating Specifically to
Large-Capacity Magazines ………………….. 32400-32450
CHAPTER 6. MACHINEGUNS
Article 1. General Provisions ……………………………. 32610
Article 2. Unlawful Acts Relating to Machineguns …………… 32625
Article 3. Permits …………………………………. 32650-32670
Article 4. Licenses to Sell Machineguns ………………. 32700-32720
Article 5. Machinegun Constituting Nuisance ……………….. 32750
CHAPTER 7. MULTIBURST TRIGGER ACTIVATOR ……………….. 32900-32990
CHAPTER 8. SHORT-BARRELED RIFLE OR SHORT-BARRELED SHOTGUN
Article 1. Restrictions Relating to Short-Barreled Rifle
or Short-Barreled Shotgun …………………. 33210-33290
Article 2. Permit for Short-Barreled Rifle or
Short-Barreled Shotgun ……………………. 33300-33320
CHAPTER 9. SILENCERS ………………………………… 33410-33415
CHAPTER 10. ZIP GUNS ………………………………… 33600-33690
DIVISION 11. FIREARM IN CUSTODY OF COURT OR LAW ENFORCEMENT
AGENCY OR SIMILAR SITUATION
CHAPTER 1. PROCEDURE FOR TAKING FIREARM INTO CUSTODY ………… 33800
CHAPTER 2. RETURN OR TRANSFER OF FIREARM IN CUSTODY OR
CONTROL OF COURT OR LAW ENFORCEMENT AGENCY …… 33850-33895
CHAPTER 3. FIREARMS THAT ARE UNCLAIMED, ABANDONED, OR
SUBJECT TO DESTRUCTION …………………….. 34000-34010
DIVISION 12. MISCELLANEOUS DUTIES OF THE DEPARTMENT OF
JUSTICE
CHAPTER 1. MISCELLANEOUS REPORTS AND PUBLICATIONS ………. 34200-34205
CHAPTER 2. BALLISTICS IDENTIFICATION SYSTEM ……………. 34350-34370
TITLE OF THE ACT
PENAL CODE
SECTION 1
1. This Act shall be known as THE PENAL CODE OF CALIFORNIA, and is divided into four parts, as follows:
I.–OF CRIMES AND PUNISHMENTS.
II.–OF CRIMINAL PROCEDURE.
III.–OF THE STATE PRISON AND COUNTY JAILS.
IV.–OF PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS.
THE PENAL CODE OF CALIFORNIA
PRELIMINARY PROVISIONS
PENAL CODE
SECTION 2-24
2. This Code takes effect at twelve o’clock, noon, on the first day
of January, eighteen hundred and seventy-three.
3. No part of it is retroactive, unless expressly so declared.
4. The rule of the common law, that penal statutes are to be
strictly construed, has no application to this Code. All its
provisions are to be construed according to the fair import of their
terms, with a view to effect its objects and to promote justice.
5. The provisions of this Code, so far as they are substantially
the same as existing statutes, must be construed as continuations
thereof, and not as new enactments.
6. No act or omission, commenced after twelve o’clock noon of the
day on which this Code takes effect as a law, is criminal or
punishable, except as prescribed or authorized by this Code, or by
some of the statutes which it specifies as continuing in force and as
not affected by its provisions, or by some ordinance, municipal,
county, or township regulation, passed or adopted, under such
statutes and in force when this Code takes effect. Any act or
omission commenced prior to that time may be inquired of, prosecuted,
and punished in the same manner as if this Code had not been passed.
7. Words used in this code in the present tense include the future
as well as the present; words used in the masculine gender include
the feminine and neuter; the singular number includes the plural, and
the plural the singular; the word “person” includes a corporation as
well as a natural person; the word “county” includes “city and
county”; writing includes printing and typewriting; oath includes
affirmation or declaration; and every mode of oral statement, under
oath or affirmation, is embraced by the term “testify,” and every
written one in the term “depose”; signature or subscription includes
mark, when the person cannot write, his or her name being written
near it, by a person who writes his or her own name as a witness;
provided, that when a signature is made by mark it must, in order
that the same may be acknowledged or serve as the signature to any
sworn statement, be witnessed by two persons who must subscribe their
own names as witnesses thereto.
The following words have in this code the signification attached
to them in this section, unless otherwise apparent from the context:
1. The word “willfully,” when applied to the intent with which an
act is done or omitted, implies simply a purpose or willingness to
commit the act, or make the omission referred to. It does not require
any intent to violate law, or to injure another, or to acquire any
advantage.
2. The words “neglect,” “negligence,” “negligent,” and
“negligently” import a want of such attention to the nature or
probable consequences of the act or omission as a prudent man
ordinarily bestows in acting in his own concerns.
3. The word “corruptly” imports a wrongful design to acquire or
cause some pecuniary or other advantage to the person guilty of the
act or omission referred to, or to some other person.
4. The words “malice” and “maliciously” import a wish to vex,
annoy, or injure another person, or an intent to do a wrongful act,
established either by proof or presumption of law.
5. The word “knowingly” imports only a knowledge that the facts
exist which bring the act or omission within the provisions of this
code. It does not require any knowledge of the unlawfulness of such
act or omission.
6. The word “bribe” signifies anything of value or advantage,
present or prospective, or any promise or undertaking to give any,
asked, given, or accepted, with a corrupt intent to influence,
unlawfully, the person to whom it is given, in his or her action,
vote, or opinion, in any public or official capacity.
7. The word “vessel,” when used with reference to shipping,
includes ships of all kinds, steamboats, canalboats, barges, and
every structure adapted to be navigated from place to place for the
transportation of merchandise or persons, except that, as used in
Sections 192.5 and 193.5, the word “vessel” means a vessel as defined
in subdivision (c) of Section 651 of the Harbors and Navigation
Code.
8. The words “peace officer” signify any one of the officers
mentioned in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2.
9. The word “magistrate” signifies any one of the officers
mentioned in Section 808.
10. The word “property” includes both real and personal property.
11. The words “real property” are coextensive with lands,
tenements, and hereditaments.
12. The words “personal property” include money, goods, chattels,
things in action, and evidences of debt.
13. The word “month” means a calendar month, unless otherwise
expressed; the word “daytime” means the period between sunrise and
sunset, and the word “nighttime” means the period between sunset and
sunrise.
14. The word “will” includes codicil.
15. The word “writ” signifies an order or precept in writing,
issued in the name of the people, or of a court or judicial officer,
and the word “process” a writ or summons issued in the course of
judicial proceedings.
16. Words and phrases must be construed according to the context
and the approved usage of the language; but technical words and
phrases, and such others as may have acquired a peculiar and
appropriate meaning in law, must be construed according to such
peculiar and appropriate meaning.
17. Words giving a joint authority to three or more public
officers or other persons, are construed as giving such authority to
a majority of them, unless it is otherwise expressed in the act
giving the authority.
18. When the seal of a court or public officer is required by law
to be affixed to any paper, the word “seal” includes an impression of
such seal upon the paper alone, or upon any substance attached to
the paper capable of receiving a visible impression. The seal of a
private person may be made in like manner, or by the scroll of a pen,
or by writing the word “seal” against his or her name.
19. The word “state,” when applied to the different parts of the
United States, includes the District of Columbia and the territories,
and the words “United States” may include the district and
territories.
20. The word “section,” whenever hereinafter employed, refers to a
section of this code, unless some other code or statute is expressly
mentioned.
21. To “book” signifies the recordation of an arrest in official
police records, and the taking by the police of fingerprints and
photographs of the person arrested, or any of these acts following an
arrest.
7.5. Whenever any offense is described in this code, the Uniform
Controlled Substances Act (Division 10 (commencing with Section
11000) of the Health and Safety Code), or the Welfare and
Institutions Code, as criminal conduct and as a violation of a
specified code section or a particular provision of a code section,
in the case of any ambiguity or conflict in interpretation, the code
section or particular provision of the code section shall take
precedence over the descriptive language. The descriptive language
shall be deemed as being offered only for ease of reference unless it
is otherwise clearly apparent from the context that the descriptive
language is intended to narrow the application of the referenced code
section or particular provision of the code section.
8. Whenever, by any of the provisions of this Code, an intent to
defraud is required in order to constitute any offense, it is
sufficient if an intent appears to defraud any person, association,
or body politic or corporate, whatever.
9. The omission to specify or affirm in this Code any liability to
damages, penalty, forfeiture, or other remedy imposed by law and
allowed to be recovered or enforced in any civil action or
proceeding, for any act or omission declared punishable herein, does
not affect any right to recover or enforce the same.
10. The omission to specify or affirm in this Code any ground of
forfeiture of a public office, or other trust or special authority
conferred by law, or any power conferred by law to impeach, remove,
depose, or suspend any public officer or other person holding any
trust, appointment, or other special authority conferred by law, does
not affect such forfeiture or power, or any proceeding authorized by
law to carry into effect such impeachment, removal, deposition, or
suspension.
11. This code does not affect any power conferred by law upon any
court-martial, or other military authority or officer, to impose or
inflict punishment upon offenders; nor, except as provided in Section
19.2 of this code, any power conferred by law upon any public body,
tribunal, or officer, to impose or inflict punishment for a contempt.
12. The several sections of this Code which declare certain crimes
to be punishable as therein mentioned, devolve a duty upon the Court
authorized to pass sentence, to determine and impose the punishment
prescribed.
13. Whenever in this Code the punishment for a crime is left
undetermined between certain limits, the punishment to be inflicted
in a particular case must be determined by the Court authorized to
pass sentence, within such limits as may be prescribed by this Code.
14. The various sections of this Code which declare that evidence
obtained upon the examination of a person as a witness cannot be
received against him in any criminal proceeding, do not forbid such
evidence being proved against such person upon any proceedings
founded upon a charge of perjury committed in such examination.
15. A crime or public offense is an act committed or omitted in
violation of a law forbidding or commanding it, and to which is
annexed, upon conviction, either of the following punishments:
1. Death;
2. Imprisonment;
3. Fine;
4. Removal from office; or,
5. Disqualification to hold and enjoy any office of honor, trust,
or profit in this State.
16. Crimes and public offenses include:
1. Felonies;
2. Misdemeanors; and
3. Infractions.
17. (a) A felony is a crime that is punishable with death, by
imprisonment in the state prison, or notwithstanding any other
provision of law, by imprisonment in a county jail under the
provisions of subdivision (h) of Section 1170. Every other crime or
public offense is a misdemeanor except those offenses that are
classified as infractions.
(b) When a crime is punishable, in the discretion of the court,
either by imprisonment in the state prison or imprisonment in a
county jail under the provisions of subdivision (h) of Section 1170,
or by fine or imprisonment in the county jail, it is a misdemeanor
for all purposes under the following circumstances:
(1) After a judgment imposing a punishment other than imprisonment
in the state prison or imprisonment in a county jail under the
provisions of subdivision (h) of Section 1170.
(2) When the court, upon committing the defendant to the Division
of Juvenile Justice, designates the offense to be a misdemeanor.
(3) When the court grants probation to a defendant without
imposition of sentence and at the time of granting probation, or on
application of the defendant or probation officer thereafter, the
court declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that
the offense is a misdemeanor, unless the defendant at the time of his
or her arraignment or plea objects to the offense being made a
misdemeanor, in which event the complaint shall be amended to charge
the felony and the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to
filing an order pursuant to Section 872, the magistrate determines
that the offense is a misdemeanor, in which event the case shall
proceed as if the defendant had been arraigned on a misdemeanor
complaint.
(c) When a defendant is committed to the Division of Juvenile
Justice for a crime punishable, in the discretion of the court,
either by imprisonment in the state prison or imprisonment in a
county jail under the provisions of subdivision (h) of Section 1170,
or by fine or imprisonment in the county jail not exceeding one year,
the offense shall, upon the discharge of the defendant from the
Division of Juvenile Justice, thereafter be deemed a misdemeanor for
all purposes.
(d) A violation of any code section listed in Section 19.8 is an
infraction subject to the procedures described in Sections 19.6 and
19.7 when:
(1) The prosecutor files a complaint charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being informed of his or her rights, elects to have the case
proceed as a misdemeanor, or;
(2) The court, with the consent of the defendant, determines that
the offense is an infraction in which event the case shall proceed as
if the defendant had been arraigned on an infraction complaint.
(e) Nothing in this section authorizes a judge to relieve a
defendant of the duty to register as a sex offender pursuant to
Section 290 if the defendant is charged with an offense for which
registration as a sex offender is required pursuant to Section 290,
and for which the trier of fact has found the defendant guilty.
17.5. (a) The Legislature finds and declares all of the following:
(1) The Legislature reaffirms its commitment to reducing
recidivism among criminal offenders.
(2) Despite the dramatic increase in corrections spending over the
past two decades, national reincarceration rates for people released
from prison remain unchanged or have worsened. National data show
that about 40 percent of released individuals are reincarcerated
within three years. In California, the recidivism rate for persons
who have served time in prison is even greater than the national
average.
(3) Criminal justice policies that rely on building and operating
more prisons to address community safety concerns are not
sustainable, and will not result in improved public safety.
(4) California must reinvest its criminal justice resources to
support community-based corrections programs and evidence-based
practices that will achieve improved public safety returns on this
state’s substantial investment in its criminal justice system.
(5) Realigning low-level felony offenders who do not have prior
convictions for serious, violent, or sex offenses to locally run
community-based corrections programs, which are strengthened through
community-based punishment, evidence-based practices, improved
supervision strategies, and enhanced secured capacity, will improve
public safety outcomes among adult felons and facilitate their
reintegration back into society.
(6) Community-based corrections programs require a partnership
between local public safety entities and the county to provide and
expand the use of community-based punishment for low-level offender
populations. Each county’s Local Community Corrections Partnership,
as established in paragraph (2) of subdivision (b) of Section 1230,
should play a critical role in developing programs and ensuring
appropriate outcomes for low-level offenders.
(7) Fiscal policy and correctional practices should align to
promote a justice reinvestment strategy that fits each county.
“Justice reinvestment” is a data-driven approach to reduce
corrections and related criminal justice spending and reinvest
savings in strategies designed to increase public safety. The purpose
of justice reinvestment is to manage and allocate criminal justice
populations more cost-effectively, generating savings that can be
reinvested in evidence-based strategies that increase public safety
while holding offenders accountable.
(8) “Community-based punishment” means correctional sanctions and
programming encompassing a range of custodial and noncustodial
responses to criminal or noncompliant offender activity.
Community-based punishment may be provided by local public safety
entities directly or through community-based public or private
correctional service providers, and include, but are not limited to,
the following:
(A) Short-term flash incarceration in jail for a period of not
more than 10 days.
(B) Intensive community supervision.
(C) Home detention with electronic monitoring or GPS monitoring.
(D) Mandatory community service.
(E) Restorative justice programs such as mandatory victim
restitution and victim-offender reconciliation.
(F) Work, training, or education in a furlough program pursuant to
Section 1208.
(G) Work, in lieu of confinement, in a work release program
pursuant to Section 4024.2.
(H) Day reporting.
(I) Mandatory residential or nonresidential substance abuse
treatment programs.
(J) Mandatory random drug testing.
(K) Mother-infant care programs.
(L) Community-based residential programs offering structure,
supervision, drug treatment, alcohol treatment, literacy programming,
employment counseling, psychological counseling, mental health
treatment, or any combination of these and other interventions.
(9) “Evidence-based practices” refers to supervision policies,
procedures, programs, and practices demonstrated by scientific
research to reduce recidivism among individuals under probation,
parole, or post release supervision.
(b) The provisions of this act are not intended to alleviate state
prison overcrowding.
17.7. The Legislature finds and declares the following:
(a) Strategies supporting reentering offenders through practices
and programs, such as standardized risk and needs assessments,
transitional community housing, treatment, medical and mental health
services, and employment, have been demonstrated to significantly
reduce recidivism among offenders in other states.
(b) Improving outcomes among offenders reentering the community
after serving time in a correctional facility will promote public
safety and will reduce California’s prison and jail populations.
(c) Establishing a California reentry program that encompasses
strategies known to reduce recidivism warrants a vigorous short-term
startup in the 2014-15 fiscal year using readily available resources
in the community, and a comprehensive long-term development plan for
future budget years designed to expand the availability, impact, and
sustainability of these strategies as further community partnerships
are identified and developed.
18. (a) Except in cases where a different punishment is prescribed
by any law of this state, every offense declared to be a felony is
punishable by imprisonment for 16 months, or two or three years in
the state prison unless the offense is punishable pursuant to
subdivision (h) of Section 1170.
(b) Every offense which is prescribed by any law of the state to
be a felony punishable by imprisonment or by a fine, but without an
alternate sentence to the county jail for a period not exceeding one
year, may be punishable by imprisonment in the county jail not
exceeding one year or by a fine, or by both.
19. Except in cases where a different punishment is prescribed by
any law of this state, every offense declared to be a misdemeanor is
punishable by imprisonment in the county jail not exceeding six
months, or by fine not exceeding one thousand dollars ($1,000), or by
both.
19.2. In no case shall any person sentenced to confinement in a
county or city jail, or in a county or joint county penal farm, road
camp, work camp, or other county adult detention facility, or
committed to the sheriff for placement in any county adult detention
facility, on conviction of a misdemeanor, or as a condition of
probation upon conviction of either a felony or a misdemeanor, or
upon commitment for civil contempt, or upon default in the payment of
a fine upon conviction of either a felony or a misdemeanor, or for
any reason except upon conviction of a crime that specifies a felony
punishment pursuant to subdivision (h) of Section 1170 or a
conviction of more than one offense when consecutive sentences have
been imposed, be committed for a period in excess of one year;
provided, however, that the time allowed on parole shall not be
considered as a part of the period of confinement.
19.4. When an act or omission is declared by a statute to be a
public offense and no penalty for the offense is prescribed in any
statute, the act or omission is punishable as a misdemeanor.
19.6. An infraction is not punishable by imprisonment. A person
charged with an infraction shall not be entitled to a trial by jury.
A person charged with an infraction shall not be entitled to have the
public defender or other counsel appointed at public expense to
represent him or her unless he or she is arrested and not released on
his or her written promise to appear, his or her own recognizance,
or a deposit of bail.
19.7. Except as otherwise provided by law, all provisions of law
relating to misdemeanors shall apply to infractions including, but
not limited to, powers of peace officers, jurisdiction of courts,
periods for commencing action and for bringing a case to trial and
burden of proof.
19.8. (a) The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, and
853.7 of this code; subdivision (c) of Section 532b, and subdivision
(o) of Section 602 of this code; subdivision (b) of Section 25658 and
Sections 21672, 25661, and 25662 of the Business and Professions
Code; Section 27204 of the Government Code; subdivision (c) of
Section 23109 and Sections 5201.1, 12500, 14601.1, 27150.1, 40508,
and 42005 of the Vehicle Code, and any other offense that the
Legislature makes subject to subdivision (d) of Section 17. Except
where a lesser maximum fine is expressly provided for a violation of
those sections, a violation that is an infraction is punishable by a
fine not exceeding two hundred fifty dollars ($250).
(b) Except for the violations enumerated in subdivision (d) of
Section 13202.5 of the Vehicle Code, and Section 14601.1 of the
Vehicle Code based upon failure to appear, a conviction for an
offense made an infraction under subdivision (d) of Section 17 is not
grounds for the suspension, revocation, or denial of a license, or
for the revocation of probation or parole of the person convicted.
19.9. For purposes of this code, “mandatory supervision” shall mean
the portion of a defendant’s sentenced term during which time he or
she is supervised by the county probation officer pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
20. In every crime or public offense there must exist a union, or
joint operation of act and intent, or criminal negligence.
21a. An attempt to commit a crime consists of two elements: a
specific intent to commit the crime, and a direct but ineffectual act
done toward its commission.
23. In any criminal proceeding against a person who has been issued
a license to engage in a business or profession by a state agency
pursuant to provisions of the Business and Professions Code or the
Education Code, or the Chiropractic Initiative Act, the state agency
which issued the license may voluntarily appear to furnish pertinent
information, make recommendations regarding specific conditions of
probation, or provide any other assistance necessary to promote the
interests of justice and protect the interests of the public, or may
be ordered by the court to do so, if the crime charged is
substantially related to the qualifications, functions, or duties of
a licensee.
For purposes of this section, the term “license” shall include a
permit or a certificate issued by a state agency.
For purposes of this section, the term “state agency” shall
include any state board, commission, bureau, or division created
pursuant to the provisions of the Business and Professions Code, the
Education Code, or the Chiropractic Initiative Act to license and
regulate individuals who engage in certain businesses and
professions.
24. This Act, whenever cited, enumerated, referred to, or amended,
may be designated simply as THE PENAL CODE, adding, when necessary,
the number of the section.
PART 1. OF CRIMES AND PUNISHMENTS
TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME
PENAL CODE
SECTION 25-29.8
25. (a) The defense of diminished capacity is hereby abolished. In
a criminal action, as well as any juvenile court proceeding, evidence
concerning an accused person’s intoxication, trauma, mental illness,
disease, or defect shall not be admissible to show or negate
capacity to form the particular purpose, intent, motive, malice
aforethought, knowledge, or other mental state required for the
commission of the crime charged.
(b) In any criminal proceeding, including any juvenile court
proceeding, in which a plea of not guilty by reason of insanity is
entered, this defense shall be found by the trier of fact only when
the accused person proves by a preponderance of the evidence that he
or she was incapable of knowing or understanding the nature and
quality of his or her act and of distinguishing right from wrong at
the time of the commission of the offense.
(c) Notwithstanding the foregoing, evidence of diminished capacity
or of a mental disorder may be considered by the court only at the
time of sentencing or other disposition or commitment.
(d) The provisions of this section shall not be amended by the
Legislature except by statute passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring, or
by a statute that becomes effective only when approved by the
electors.
26. All persons are capable of committing crimes except those
belonging to the following classes:
One–Children under the age of 14, in the absence of clear proof
that at the time of committing the act charged against them, they
knew its wrongfulness.
Two–Persons who are mentally incapacitated.
Three–Persons who committed the act or made the omission charged
under an ignorance or mistake of fact, which disproves any criminal
intent.
Four–Persons who committed the act charged without being
conscious thereof.
Five–Persons who committed the act or made the omission charged
through misfortune or by accident, when it appears that there was no
evil design, intention, or culpable negligence.
Six–Persons (unless the crime be punishable with death) who
committed the act or made the omission charged under threats or
menaces sufficient to show that they had reasonable cause to and did
believe their lives would be endangered if they refused.
27. (a) The following persons are liable to punishment under the
laws of this state:
(1) All persons who commit, in whole or in part, any crime within
this state.
(2) All who commit any offense without this state which, if
committed within this state, would be larceny, carjacking, robbery,
or embezzlement under the laws of this state, and bring the property
stolen or embezzled, or any part of it, or are found with it, or any
part of it, within this state.
(3) All who, being without this state, cause or aid, advise or
encourage, another person to commit a crime within this state, and
are afterwards found therein.
(b) Perjury, in violation of Section 118, is punishable also when
committed outside of California to the extent provided in Section
118.
28. (a) Evidence of mental disease, mental defect, or mental
disorder shall not be admitted to show or negate the capacity to form
any mental state, including, but not limited to, purpose, intent,
knowledge, premeditation, deliberation, or malice aforethought, with
which the accused committed the act. Evidence of mental disease,
mental defect, or mental disorder is admissible solely on the issue
of whether or not the accused actually formed a required specific
intent, premeditated, deliberated, or harbored malice aforethought,
when a specific intent crime is charged.
(b) As a matter of public policy there shall be no defense of
diminished capacity, diminished responsibility, or irresistible
impulse in a criminal action or juvenile adjudication hearing.
(c) This section shall not be applicable to an insanity hearing
pursuant to Section 1026.
(d) Nothing in this section shall limit a court’s discretion,
pursuant to the Evidence Code, to exclude psychiatric or
psychological evidence on whether the accused had a mental disease,
mental defect, or mental disorder at the time of the alleged offense.
29. In the guilt phase of a criminal action, any expert testifying
about a defendant’s mental illness, mental disorder, or mental defect
shall not testify as to whether the defendant had or did not have
the required mental states, which include, but are not limited to,
purpose, intent, knowledge, or malice aforethought, for the crimes
charged. The question as to whether the defendant had or did not have
the required mental states shall be decided by the trier of fact.
29.2. (a) The intent or intention is manifested by the
circumstances connected with the offense.
(b) In the guilt phase of a criminal action or a juvenile
adjudication hearing, evidence that the accused lacked the capacity
or ability to control his or her conduct for any reason shall not be
admissible on the issue of whether the accused actually had any
mental state with respect to the commission of any crime. This
subdivision is not applicable to Section 26.
29.4. (a) No act committed by a person while in a state of
voluntary intoxication is less criminal by reason of his or her
having been in that condition. Evidence of voluntary intoxication
shall not be admitted to negate the capacity to form any mental
states for the crimes charged, including, but not limited to,
purpose, intent, knowledge, premeditation, deliberation, or malice
aforethought, with which the accused committed the act.
(b) Evidence of voluntary intoxication is admissible solely on the
issue of whether or not the defendant actually formed a required
specific intent, or, when charged with murder, whether the defendant
premeditated, deliberated, or harbored express malice aforethought.
(c) Voluntary intoxication includes the voluntary ingestion,
injection, or taking by any other means of any intoxicating liquor,
drug, or other substance.
29.8. In any criminal proceeding in which a plea of not guilty by
reason of insanity is entered, this defense shall not be found by the
trier of fact solely on the basis of a personality or adjustment
disorder, a seizure disorder, or an addiction to, or abuse of,
intoxicating substances. This section shall apply only to persons who
utilize this defense on or after the operative date of the section.
TITLE 2. OF PARTIES TO CRIME
PENAL CODE
SECTION 30-33
30. The parties to crimes are classified as:
1. Principals; and,
2. Accessories.
31. All persons concerned in the commission of a crime, whether it
be felony or misdemeanor, and whether they directly commit the act
constituting the offense, or aid and abet in its commission, or, not
being present, have advised and encouraged its commission, and all
persons counseling, advising, or encouraging children under the age
of fourteen years, or persons who are mentally incapacitated, to
commit any crime, or who, by fraud, contrivance, or force, occasion
the drunkenness of another for the purpose of causing him to commit
any crime, or who, by threats, menaces, command, or coercion, compel
another to commit any crime, are principals in any crime so
committed.
32. Every person who, after a felony has been committed, harbors,
conceals or aids a principal in such felony, with the intent that
said principal may avoid or escape from arrest, trial, conviction or
punishment, having knowledge that said principal has committed such
felony or has been charged with such felony or convicted thereof, is
an accessory to such felony.
33. Except in cases where a different punishment is prescribed, an
accessory is punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment pursuant to subdivision (h) of Section
1170, or in a county jail not exceeding one year, or by both such
fine and imprisonment.
TITLE 3. OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE
PENAL CODE
SECTION 37-38
37. (a) Treason against this state consists only in levying war
against it, adhering to its enemies, or giving them aid and comfort,
and can be committed only by persons owing allegiance to the state.
The punishment of treason shall be death or life imprisonment without
possibility of parole. The penalty shall be determined pursuant to
Sections 190.3 and 190.4.
(b) Upon a trial for treason, the defendant cannot be convicted
unless upon the testimony of two witnesses to the same overt act, or
upon confession in open court; nor, except as provided in Sections
190.3 and 190.4, can evidence be admitted of an overt act not
expressly charged in the indictment or information; nor can the
defendant be convicted unless one or more overt acts be expressly
alleged therein.
38. Misprision of treason is the knowledge and concealment of
treason, without otherwise assenting to or participating in the
crime. It is punishable by imprisonment pursuant to subdivision (h)
of Section 1170.
TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE
PENAL CODE
SECTION 67-77
67. Every person who gives or offers any bribe to any executive
officer in this state, with intent to influence him in respect to any
act, decision, vote, opinion, or other proceeding as such officer,
is punishable by imprisonment in the state prison for two, three or
four years, and is disqualified from holding any office in this
state.
67.5. (a) Every person who gives or offers as a bribe to any
ministerial officer, employee, or appointee of the State of
California, county or city therein, or political subdivision thereof,
any thing the theft of which would be petty theft is guilty of a
misdemeanor.
(b) If the theft of the thing given or offered would be grand
theft the offense is a felony punishable by imprisonment pursuant to
subdivision (h) of Section 1170.
68. (a) Every executive or ministerial officer, employee, or
appointee of the State of California, a county or city therein, or a
political subdivision thereof, who asks, receives, or agrees to
receive, any bribe, upon any agreement or understanding that his or
her vote, opinion, or action upon any matter then pending, or that
may be brought before him or her in his or her official capacity,
shall be influenced thereby, is punishable by imprisonment in the
state prison for two, three, or four years and, in cases in which no
bribe has been actually received, by a restitution fine of not less
than two thousand dollars ($2,000) or not more than ten thousand
dollars ($10,000) or, in cases in which a bribe was actually
received, by a restitution fine of at least the actual amount of the
bribe received or two thousand dollars ($2,000), whichever is
greater, or any larger amount of not more than double the amount of
any bribe received or ten thousand dollars ($10,000), whichever is
greater, and, in addition thereto, forfeits his or her office,
employment, or appointment, and is forever disqualified from holding
any office, employment, or appointment, in this state.
(b) In imposing a restitution fine pursuant to this section, the
court shall consider the defendant’s ability to pay the fine.
69. Every person who attempts, by means of any threat or violence,
to deter or prevent an executive officer from performing any duty
imposed upon such officer by law, or who knowingly resists, by the
use of force or violence, such officer, in the performance of his
duty, is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment pursuant to subdivision (h) of Section
1170, or in a county jail not exceeding one year, or by both such
fine and imprisonment.
70. (a) Every executive or ministerial officer, employee, or
appointee of the State of California, or any county or city therein,
or any political subdivision thereof, who knowingly asks, receives,
or agrees to receive any emolument, gratuity, or reward, or any
promise thereof excepting such as may be authorized by law for doing
an official act, is guilty of a misdemeanor.
(b) This section does not prohibit deputy registrars of voters
from receiving compensation when authorized by local ordinance from
any candidate, political committee, or statewide political
organization for securing the registration of voters.
(c) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, casual or part-time
employment as a private security guard or patrolman for a public
entity while off duty from his or her principal employment and
outside his or her regular employment as a peace officer of a state
or local agency, and exercising the powers of a peace officer
concurrently with that employment, provided that the peace officer is
in a police uniform and is subject to reasonable rules and
regulations of the agency for which he or she is a peace officer.
Notwithstanding the above provisions, any and all civil and criminal
liability arising out of the secondary employment of any peace
officer pursuant to this subdivision shall be borne by the officer’s
secondary employer.
(2) It is the intent of the Legislature by this subdivision to
abrogate the holdings in People v. Corey, 21 Cal.3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal.3d 579, to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, by a public entity, while wearing a police
uniform as private security guards or patrolmen, and to allow the
exercise of peace officer powers concurrently with that employment.
(d) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, casual or part-time
employment as a private security guard or patrolman by a private
employer while off duty from his or her principal employment and
outside his or her regular employment as a peace officer, and
exercising the powers of a peace officer concurrently with that
employment, provided that all of the following are true:
(A) The peace officer is in his or her police uniform.
(B) The casual or part-time employment as a private security guard
or patrolman is approved by the county board of supervisors with
jurisdiction over the principal employer or by the board’s designee
or by the city council with jurisdiction over the principal employer
or by the council’s designee.
(C) The wearing of uniforms and equipment is approved by the
principal employer.
(D) The peace officer is subject to reasonable rules and
regulations of the agency for which he or she is a peace officer.
(2) Notwithstanding the above provisions, a peace officer while
off duty from his or her principal employment and outside his or her
regular employment as a peace officer of a state or local agency
shall not exercise the powers of a police officer if employed by a
private employer as a security guard during a strike, lockout,
picketing, or other physical demonstration of a labor dispute at the
site of the strike, lockout, picketing, or other physical
demonstration of a labor dispute. The issue of whether or not casual
or part-time employment as a private security guard or patrolman
pursuant to this subdivision is to be approved shall not be a subject
for collective bargaining. Any and all civil and criminal liability
arising out of the secondary employment of any peace officer pursuant
to this subdivision shall be borne by the officer’s principal
employer. The principal employer shall require the secondary employer
to enter into an indemnity agreement as a condition of approving
casual or part-time employment pursuant to this subdivision.
(3) It is the intent of the Legislature by this subdivision to
abrogate the holdings in People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J. C. Penney Co., 24 Cal. 3d 579, to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, while wearing a police uniform approved by
the principal employer, as private security guards or patrolmen, and
to allow the exercise of peace officer powers concurrently with that
employment.
(e) (1) Nothing in this section precludes a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, from engaging in, or being employed in, other employment
while off duty from his or her principal employment and outside his
or her regular employment as a peace officer of a state or local
agency.
(2) Subject to subdivisions (c) and (d), and except as provided by
written regulations or policies adopted by the employing state or
local agency, or pursuant to an agreement between the employing state
or local agency and a recognized employee organization representing
the peace officer, no peace officer shall be prohibited from engaging
in, or being employed in, other employment while off duty from his
or her principal employment and outside his or her regular employment
as a peace officer of a state or local agency.
(3) If an employer withholds consent to allow a peace officer to
engage in or be employed in other employment while off duty, the
employer shall, at the time of denial, provide the reasons for denial
in writing to the peace officer.
70.5. Every commissioner of civil marriages or every deputy
commissioner of civil marriages who accepts any money or other thing
of value for performing any marriage pursuant to Section 401 of the
Family Code, including any money or thing of value voluntarily
tendered by the persons about to be married or who have been married
by the commissioner of civil marriages or deputy commissioner of
civil marriages, other than a fee expressly imposed by law for
performance of a marriage, whether the acceptance occurs before or
after performance of the marriage and whether or not performance of
the marriage is conditioned on the giving of such money or the thing
of value by the persons being married, is guilty of a misdemeanor.
It is not a necessary element of the offense described by this
section that the acceptance of the money or other thing of value be
committed with intent to commit extortion or with other criminal
intent.
This section does not apply to the request or acceptance by any
retired commissioner of civil marriages of a fee for the performance
of a marriage.
This section is inapplicable to the acceptance of a fee for the
performance of a marriage on Saturday, Sunday, or a legal holiday.
71. (a) Every person who, with intent to cause, attempts to cause,
or causes, any officer or employee of any public or private
educational institution or any public officer or employee to do, or
refrain from doing, any act in the performance of his duties, by
means of a threat, directly communicated to such person, to inflict
an unlawful injury upon any person or property, and it reasonably
appears to the recipient of the threat that such threat could be
carried out, is guilty of a public offense punishable as follows:
(1) Upon a first conviction, such person is punishable by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment
pursuant to subdivision (h) of Section 1170, or in a county jail not
exceeding one year, or by both that fine and imprisonment.
(2) If the person has been previously convicted of a violation of
this section, such previous conviction shall be charged in the
accusatory pleading, and if that previous conviction is found to be
true by the jury, upon a jury trial, or by the court, upon a court
trial, or is admitted by the defendant, he or she is punishable by
imprisonment pursuant to subdivision (h) of Section 1170.
(b) As used in this section, “directly communicated” includes, but
is not limited to, a communication to the recipient of the threat by
telephone, telegraph, or letter.
72. Every person who, with intent to defraud, presents for
allowance or for payment to any state board or officer, or to any
county, city, or district board or officer, authorized to allow or
pay the same if genuine, any false or fraudulent claim, bill,
account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine, or by imprisonment pursuant to subdivision (h)
of Section 1170, by a fine of not exceeding ten thousand dollars
($10,000), or by both such imprisonment and fine.
As used in this section “officer” includes a “carrier,” as defined
in subdivision (a) of Section 14124.70 of the Welfare and
Institutions Code, authorized to act as an agent for a state board or
officer or a county, city, or district board or officer, as the case
may be.
72.5. (a) Every person who, knowing a claim seeks public funds for
reimbursement of costs incurred in attending a political function
organized to support or oppose any political party or political
candidate, presents such a claim for allowance or for payment to any
state board or officer, or to any county, city, or district board or
officer authorized to allow or pay such claims, is punishable either
by imprisonment in the county jail for a period of not more than one
year, by a fine of not exceeding one thousand dollars ($1,000), or by
both such imprisonment and fine, or by imprisonment pursuant to
subdivision (h) of Section 1170, by a fine of not exceeding ten
thousand dollars ($10,000), or by both such imprisonment and fine.
(b) Every person who, knowing a claim seeks public funds for
reimbursement of costs incurred to gain admittance to a political
function expressly organized to support or oppose any ballot measure,
presents such a claim for allowance or for payment to any state
board or officer, or to any county, city, or district board or
officer authorized to allow or pay those claims is punishable either
by imprisonment in the county jail for a period of not more than one
year, by a fine of not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine, or by imprisonment pursuant to
subdivision (h) of Section 1170, by a fine of not exceeding ten
thousand dollars ($10,000), or by both that imprisonment and fine.
73. Every person who gives or offers any gratuity or reward, in
consideration that he or any other person shall be appointed to any
public office, or shall be permitted to exercise or discharge the
duties thereof, is guilty of a misdemeanor.
74. Every public officer who, for any gratuity or reward, appoints
another person to a public office, or permits another person to
exercise or discharge any of the duties of his office, is punishable
by a fine not exceeding ten thousand dollars ($10,000), and, in
addition thereto, forfeits his office and is forever disqualified
from holding any office in this state.
76. (a) Every person who knowingly and willingly threatens the life
of, or threatens serious bodily harm to, any elected public
official, county public defender, county clerk, exempt appointee of
the Governor, judge, or Deputy Commissioner of the Board of Prison
Terms, or the staff, immediate family, or immediate family of the
staff of any elected public official, county public defender, county
clerk, exempt appointee of the Governor, judge, or Deputy
Commissioner of the Board of Prison Terms, with the specific intent
that the statement is to be taken as a threat, and the apparent
ability to carry out that threat by any means, is guilty of a public
offense, punishable as follows:
(1) Upon a first conviction, the offense is punishable by a fine
not exceeding five thousand dollars ($5,000), or by imprisonment
pursuant to subdivision (h) of Section 1170, or in a county jail not
exceeding one year, or by both that fine and imprisonment.
(2) If the person has been convicted previously of violating this
section, the previous conviction shall be charged in the accusatory
pleading, and if the previous conviction is found to be true by the
jury upon a jury trial, or by the court upon a court trial, or is
admitted by the defendant, the offense is punishable by imprisonment
pursuant to subdivision (h) of Section 1170.
(b) Any law enforcement agency that has knowledge of a violation
of this section involving a constitutional officer of the state, a
Member of the Legislature, or a member of the judiciary shall
immediately report that information to the Department of the
California Highway Patrol.
(c) For purposes of this section, the following definitions shall
apply:
(1) “Apparent ability to carry out that threat” includes the
ability to fulfill the threat at some future date when the person
making the threat is an incarcerated prisoner with a stated release
date.
(2) “Serious bodily harm” includes serious physical injury or
serious traumatic condition.
(3) “Immediate family” means a spouse, parent, or child, or anyone
who has regularly resided in the household for the past six months.
(4) “Staff of a judge” means court officers and employees,
including commissioners, referees, and retired judges sitting on
assignment.
(5) “Threat” means a verbal or written threat or a threat implied
by a pattern of conduct or a combination of verbal or written
statements and conduct made with the intent and the apparent ability
to carry out the threat so as to cause the person who is the target
of the threat to reasonably fear for his or her safety or the safety
of his or her immediate family.
(d) As for threats against staff or immediate family of staff, the
threat must relate directly to the official duties of the staff of
the elected public official, county public defender, county clerk,
exempt appointee of the Governor, judge, or Deputy Commissioner of
the Board of Prison Terms in order to constitute a public offense
under this section.
(e) A threat must relate directly to the official duties of a
Deputy Commissioner of the Board of Prison Terms in order to
constitute a public offense under this section.
77. The various provisions of this title, except Section 76, apply
to administrative and ministerial officers, in the same manner as if
they were mentioned therein.
TITLE 6. OF CRIMES AGAINST THE LEGISLATIVE POWER
PENAL CODE
SECTION 85-88
85. Every person who gives or offers to give a bribe to any Member
of the Legislature, any member of the legislative body of a city,
county, city and county, school district, or other special district,
or to another person for the member, or attempts by menace, deceit,
suppression of truth, or any corrupt means, to influence a member in
giving or withholding his or her vote, or in not attending the house
or any committee of which he or she is a member, is punishable by
imprisonment in the state prison for two, three or four years.
86. Every Member of either house of the Legislature, or any member
of the legislative body of a city, county, city and county, school
district, or other special district, who asks, receives, or agrees to
receive, any bribe, upon any understanding that his or her official
vote, opinion, judgment, or action shall be influenced thereby, or
shall give, in any particular manner, or upon any particular side of
any question or matter upon which he or she may be required to act in
his or her official capacity, or gives, or offers or promises to
give, any official vote in consideration that another Member of the
Legislature, or another member of the legislative body of a city,
county, city and county, school district, or other special district
shall give this vote either upon the same or another question, is
punishable by imprisonment in the state prison for two, three, or
four years and, in cases in which no bribe has been actually
received, by a restitution fine of not less than two thousand dollars
($2,000) or not more than ten thousand dollars ($10,000) or, in
cases in which a bribe was actually received, by a restitution fine
of at least the actual amount of the bribe received or two thousand
dollars ($2,000), whichever is greater, or any larger amount of not
more than double the amount of any bribe received or ten thousand
dollars ($10,000), whichever is greater.
In imposing a fine under this section, the court shall consider
the defendant’s ability to pay the fine.
88. Every Member of the Legislature, and every member of a
legislative body of a city, county, city and county, school district,
or other special district convicted of any crime defined in this
title, in addition to the punishment prescribed, forfeits his or her
office and is forever disqualified from holding any office in this
state or a political subdivision thereof.
TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE
PENAL CODE
SECTION 92-100
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 pursuant to
subdivision (h) of Section 1170, 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 pursuant to subdivision
(h) of Section 1170, 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 pursuant to subdivision (h) of Section
1170.
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 pursuant to
subdivision (h) of Section 1170 and to 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.
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.
PENAL CODE
SECTION 102
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.
PENAL CODE
SECTION 107-110
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 pursuant to subdivision (h) of Section
1170, or by a fine not exceeding ten thousand dollars ($10,000), or
by both that 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 that public training school or reformatory is punishable by
imprisonment pursuant to subdivision (h) of Section 1170, 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.
PENAL CODE
SECTION 112-117
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 pursuant to subdivision (h) of Section 1170 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 pursuant to subdivision (h) of
Section 1170 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 a county jail not exceeding 6
months, or pursuant to subdivision (h) of Section 1170, 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.
PENAL CODE
SECTION 118-131
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 pursuant to subdivision
(h) of Section 1170 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 perjury 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.
PENAL CODE
SECTION 132-141
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, a court with
jurisdiction over a criminal matter may issue orders, including, but
not limited to, the following:
(1) An 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 a person described in this section shall have no
communication whatsoever with a specified witness or a victim,
except through an attorney under 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) (A) 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.
(B) For purposes of this paragraph, “immediate family members”
include the spouse, children, or parents of the victim or witness.
(7) (A) An 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 Section 29825.
(C) An 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.
(D) A protective order issued under this paragraph may require the
defendant to be placed on electronic monitoring if the local
government, with the concurrence of the county sheriff or the chief
probation officer with jurisdiction, adopts a policy to authorize
electronic monitoring of defendants and specifies the agency with
jurisdiction for this purpose. If the court determines that the
defendant has the ability to pay for the monitoring program, the
court shall order the defendant to pay for the monitoring. If the
court determines that the defendant does not have the ability to pay
for the electronic monitoring, the court may order electronic
monitoring to be paid for by the local government that adopted the
policy to authorize electronic monitoring. The duration of electronic
monitoring shall not exceed one year from the date the order is
issued. At no time shall the electronic monitoring be in place if the
protective order is not in place.
(b) A person violating an 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, a person so
held in contempt shall be entitled to credit for punishment imposed
therein against a sentence imposed upon conviction of an offense
described in Section 136.1. A conviction or acquittal for a
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) A 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 Section 29825.
(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 a 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, an
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 ensuring 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) An 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.
(h) In any case in which a complaint, information, or indictment
charging a crime of domestic violence, as defined in Section 13700,
has been filed, the court may consider, in determining whether good
cause exists to issue an order under paragraph (1) of subdivision
(a), the underlying nature of the offense charged, and the
information provided to the court pursuant to Section 273.75.
(i) (1) In all cases in which a criminal defendant has been
convicted of a crime of domestic violence as defined in Section
13700, a violation of Section 261, 261.5, or 262, or any crime that
requires the defendant to register pursuant to subdivision (c) of
Section 290, the court, at the time of sentencing, shall consider
issuing an order restraining the defendant from any contact with the
victim. The order may be valid for up to 10 years, as determined by
the court. This protective order may be issued by the court
regardless of whether the defendant is sentenced to the state prison
or a county jail, or whether imposition of sentence is suspended and
the defendant is placed on probation. It is the intent of the
Legislature in enacting this subdivision that the duration of any
restraining order issued by the court be based upon the seriousness
of the facts before the court, the probability of future violations,
and the safety of the victim and his or her immediate family.
(2) An order under this subdivision may include provisions for
electronic monitoring if the local government, upon receiving the
concurrence of the county sheriff or the chief probation officer with
jurisdiction, adopts a policy authorizing electronic monitoring of
defendants and specifies the agency with jurisdiction for this
purpose. If the court determines that the defendant has the ability
to pay for the monitoring program, the court shall order the
defendant to pay for the monitoring. If the court determines that the
defendant does not have the ability to pay for the electronic
monitoring, the court may order the electronic monitoring to be paid
for by the local government that adopted the policy authorizing
electronic monitoring. The duration of the electronic monitoring
shall not exceed one year from the date the order is issued.
(j) For purposes of this section, “local government” means the
county that has jurisdiction over the protective order.
136.2. (a) 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, a court with jurisdiction over a criminal matter may
issue orders, including, but not limited to, the following:
(1) An 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 a person described in this section shall have no
communication whatsoever with a specified witness or a victim,
except through an attorney under 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) (A) 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.
(B) For purposes of this paragraph, “immediate family members”
include the spouse, children, or parents of the victim or witness.
(7) (A) An 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 Section 29825.
(C) An 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.
(D) A protective order issued under this paragraph may require the
defendant to be placed on electronic monitoring if the local
government, with the concurrence of the county sheriff or the chief
probation officer with jurisdiction, adopts a policy to authorize
electronic monitoring of defendants and specifies the agency with
jurisdiction for this purpose. If the court determines that the
defendant has the ability to pay for the monitoring program, the
court shall order the defendant to pay for the monitoring. If the
court determines that the defendant does not have the ability to pay
for the electronic monitoring, the court may order electronic
monitoring to be paid for by the local government that adopted the
policy to authorize electronic monitoring. The duration of electronic
monitoring shall not exceed one year from the date the order is
issued. At no time shall the electronic monitoring be in place if the
protective order is not in place.
(b) A person violating an 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, a person so
held in contempt shall be entitled to credit for punishment imposed
therein against a sentence imposed upon conviction of an offense
described in Section 136.1. A conviction or acquittal for a
substantive offense under Section 136.1 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
(c) (1) (A) Notwithstanding subdivision (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 shall have precedence in enforcement over any other
restraining or protective order, provided the emergency protective
order meets all of the following requirements:
(i) The emergency protective order is issued to protect one or
more individuals who are already protected persons under another
restraining or protective order.
(ii) The emergency protective order restrains the individual who
is the restrained person in the other restraining or protective order
specified in subparagraph (A).
(iii) 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).
(B) 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.
(2) Except as described in paragraph (1), a no-contact order, as
described in Section 6320 of the Family Code, shall have precedence
in enforcement over any other restraining or protective order.
(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) A 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 Section 29825.
(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, except as described in subdivision
(c), a restraining order or protective order against the defendant
issued by the criminal court in that case has precedence in
enforcement over a civil court order against the defendant.
(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, if there is not an emergency protective order
that has precedence in enforcement pursuant to paragraph (1) of
subdivision (c), or a no-contact order, as described in Section 6320
of the Family Code, acknowledge the precedence of enforcement of, an
appropriate criminal protective order. On or before July 1, 2014, 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 ensuring 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) An 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.
(h) In any case in which a complaint, information, or indictment
charging a crime of domestic violence, as defined in Section 13700,
has been filed, the court may consider, in determining whether good
cause exists to issue an order under paragraph (1) of subdivision
(a), the underlying nature of the offense charged, and the
information provided to the court pursuant to Section 273.75.
(i) (1) In all cases in which a criminal defendant has been
convicted of a crime of domestic violence as defined in Section
13700, a violation of Section 261, 261.5, or 262, or any crime that
requires the defendant to register pursuant to subdivision (c) of
Section 290, the court, at the time of sentencing, shall consider
issuing an order restraining the defendant from any contact with the
victim. The order may be valid for up to 10 years, as determined by
the court. This protective order may be issued by the court
regardless of whether the defendant is sentenced to the state prison
or a county jail, or whether imposition of sentence is suspended and
the defendant is placed on probation. It is the intent of the
Legislature in enacting this subdivision that the duration of any
restraining order issued by the court be based upon the seriousness
of the facts before the court, the probability of future violations,
and the safety of the victim and his or her immediate family.
(2) An order under this subdivision may include provisions for
electronic monitoring if the local government, upon receiving the
concurrence of the county sheriff or the chief probation officer with
jurisdiction, adopts a policy authorizing electronic monitoring of
defendants and specifies the agency with jurisdiction for this
purpose. If the court determines that the defendant has the ability
to pay for the monitoring program, the court shall order the
defendant to pay for the monitoring. If the court determines that the
defendant does not have the ability to pay for the electronic
monitoring, the court may order the electronic monitoring to be paid
for by the local government that adopted the policy authorizing
electronic monitoring. The duration of the electronic monitoring
shall not exceed one year from the date the order is issued.
(j) For purposes of this section, “local government” means the
county that has jurisdiction over the protective order.
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 sexual 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 pursuant to
subdivision (h) of Section 1170.
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 pursuant to subdivision (h) of
Section 1170 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 Chapter 3
(commencing with Section 29900) of Division 9 of Title 4 of Part 6
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 pursuant to
subdivision (h) of Section 1170 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 pursuant to subdivision (h)
of Section 1170 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.
PENAL CODE
SECTION 142-181
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 a
county jail not exceeding one year, or pursuant to subdivision (h) of
Section 1170, 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.
145.5. (a) (1) Subject to paragraph (2), notwithstanding any law to
the contrary, no agency of the State of California, no political
subdivision of this state, no employee of an agency, or a political
subdivision, of this state acting in his or her official capacity,
and no member of the California National Guard on official state duty
shall knowingly aid an agency of the Armed Forces of the United
States in any investigation, prosecution, or detention of a person
within California pursuant to (A) Sections 1021 and 1022 of the
National Defense Authorization Act for Fiscal Year 2012 (NDAA), (B)
the federal law known as the Authorization for Use of Military Force
(Public Law 107-40), enacted in 2001, or (C) any other federal law,
if the state agency, political subdivision, employee, or member of
the California National Guard would violate the United States
Constitution, the California Constitution, or any law of this state
by providing that aid.
(2) Paragraph (1) does not apply to participation by state or
local law enforcement or the California National Guard in a joint
task force, partnership, or other similar cooperative agreement with
federal law enforcement if that joint task force, partnership, or
similar cooperative agreement is not for the purpose of
investigating, prosecuting, or detaining any person pursuant to (A)
Sections 1021 and 1022 of the NDAA, (B) the federal law known as the
Authorization for Use of Military Force (Public Law 107-40), enacted
in 2001, or (C) any other federal law, if the state agency, political
subdivision, employee, or member of the California National Guard
would violate the United States Constitution, the California
Constitution, or any law of this state by providing that aid.
(b) It is the policy of this state to refuse to provide material
support for or to participate in any way with the implementation
within this state of any federal law that purports to authorize
indefinite detention of a person within California. Notwithstanding
any other law, no local law enforcement agency or local or municipal
government, or the employee of that agency or government acting in
his or her official capacity, shall knowingly use state funds or
funds allocated by the state to local entities on or after January 1,
2013, in whole or in part, to engage in any activity that aids an
agency of the Armed Forces of the United States in the detention of
any person within California for purposes of implementing Sections
1021 and 1022 of the NDAA or the federal law known as the
Authorization for Use of Military Force (Public Law 107-40), enacted
in 200 1, if that activity would violate the United States
Constitution, the California Constitution, or any law of this state.
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 pursuant to
subdivision (h) of Section 1170:
(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 punishable by imprisonment pursuant to subdivision (h) of
Section 1170.
(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 pursuant to subdivision (h) of
Section 1170.
(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 pursuant to subdivision (h)
of Section 1170.
(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 pursuant to
subdivision (h) of Section 1170.
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 a county
jail not to exceed one year, or pursuant to subdivision (h) of
Section 1170.
(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 a county jail not to
exceed one year or pursuant to subdivision (h) of Section 1170 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 a county jail not to
exceed one year, or pursuant to subdivision (h) of Section 1170.
(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 a county jail not to exceed one year,
or pursuant to subdivision (h) of Section 1170.
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 a
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,
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 pursuant to
subdivision (h) of Section 1170, 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.
(d) Nothing in this section precludes punishment for the conduct
described in subdivision (a) or (b) under any other section of law
providing for greater punishment for that conduct.
(e) Any individual convicted of violating this section, based upon
a report that resulted in an emergency response, is liable to a
public agency for the reasonable costs of the emergency response by
that public agency.
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
pursuant to subdivision (h) of Section 1170 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 pursuant to subdivision (h) of Section 1170 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 a county jail not exceeding one year, or pursuant to subdivision
(h) of Section 1170, or by both that 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 that 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 a county jail not exceeding one year, or
pursuant to subdivision (h) of Section 1170, where the crime was
punishable by death or imprisonment in the state prison for life;
2. By imprisonment in a county jail not exceeding six months, or
pursuant to subdivision (h) of Section 1170, where the crime was
punishable by imprisonment in the state prison for any other term
than for life;
3. By imprisonment in a 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 two hundred fifty dollars ($250), 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 two hundred fifty dollars ($250), 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
pursuant to subdivision (h) of Section 1170 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 that child, substitutes or produces to that
parent or guardian another child in the place of the one so confided,
is punishable by imprisonment pursuant to subdivision (h) of Section
1170 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), a
person guilty of any of the following contempts of court is guilty of
a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed
during the sitting of a 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 specified in paragraph (1) that is committed in the
presence of a referee, while actually engaged in a trial or hearing,
pursuant to the order of a court, or in the presence of any jury
while actually sitting for the trial of a cause, or upon an inquest
or other proceeding authorized by law.
(3) A breach of the peace, noise, or other disturbance directly
tending to interrupt the proceedings of the court.
(4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by a court,
including orders pending trial.
(5) Resistance willfully offered by any person to the lawful order
or process of a court.
(6) Willful disobedience by a juror of a court admonishment
related to the prohibition on any form of communication or research
about the case, including all forms of electronic or wireless
communication or research.
(7) The contumacious and unlawful refusal of a person to be sworn
as a witness or, when so sworn, the like refusal to answer a material
question.
(8) The publication of a false or grossly inaccurate report of the
proceedings of a court.
(9) Presenting to a court having power to pass sentence upon a
prisoner under conviction, or to a member of the court, an affidavit,
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.
(10) Willful disobedience of the terms of an injunction that
restrains the activities of a criminal street gang or any of its
members, lawfully issued by a court, including an order pending
trial.
(b) (1) A person who is guilty of contempt of court under
paragraph (4) of subdivision (a) by willfully contacting a victim by
telephone 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), a
willful and knowing violation of a protective order or stay-away
court order described as follows 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:
(A) An order issued pursuant to Section 136.2.
(B) An order issued pursuant to paragraph (2) of subdivision (a)
of Section 1203.097.
(C) An order issued as a condition of probation after a conviction
in a criminal proceeding involving elder or dependent adult abuse,
as defined in Section 368.
(D) An order issued pursuant to Section 1201.3.
(E) An order described in paragraph (3).
(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) An 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 an 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
subdivision (c) 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 Section 527.6 or 527.8 of
the Code of Civil Procedure, shall be punished under Section 29825.
(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
Section 1203.097.
(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 an 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 an 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 shall 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) A person violating an order described in subdivision (c) may
be punished for any substantive offenses described under Section
136.1 or 646.9. A finding of contempt shall not be a bar to
prosecution for a violation of Section 136.1 or 646.9. However, a
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. A conviction or acquittal for a
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 a county jail for not exceeding one year or pursuant
to subdivision (h) of Section 1170.
(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 17235 or in any
provision listed in Section 16590.
(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
Article 2 (commencing with Section 25450) of Chapter 2 of Division 5
of Title 4 of Part 6, 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 Chapter 4 (commencing with Section 26150) of Division 5 of Title
4 of Part 6.
(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 Article 1 (commencing with Section 27200) and
Article 2 (commencing with Section 27300) of Chapter 3 of Division 6
of Title 4 of Part 6.
(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 Article 1 (commencing with Section
27200) and Article 2 (commencing with Section 27300) of Chapter 3 of
Division 6 of Title 4 of Part 6.
(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. (a) (1) Any person 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,