California Penal Code

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, or upon the grounds of the State Capitol,
which is bounded by 10th, L, 15th, and N Streets in the City of
Sacramento, shall be punished by imprisonment in a county jail for a
period of not more than one year, a fine of not more than one
thousand dollars ($1,000), or both such imprisonment and fine, or by
imprisonment pursuant to subdivision (h) of Section 1170.
(2) Any person who brings or possesses, within the State Capitol,
any legislative office, any hearing room in which any committee of
the Senate or Assembly is conducting a hearing, the Legislative
Office Building at 1020 N Street in the City of Sacramento, or upon
the grounds of the State Capitol, which is bounded by 10th, L, 15th,
and N Streets in the City of Sacramento, any of the following, is
guilty of a misdemeanor punishable by imprisonment in a county jail
for a period not to exceed one year, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and imprisonment, if
the area is posted with a statement providing reasonable notice that
prosecution may result from possession of any of these items:
(A) Any firearm.
(B) Any deadly weapon described in Section 21510 or in any
provision listed in Section 16590.
(C) 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.
(D) Any unauthorized tear gas weapon.
(E) Any stun gun, as defined in Section 244.5.
(F) 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.
(G) Any ammunition as defined in Sections 16150 and 16650.
(H) Any explosive as defined in Section 12000 of the Health and
Safety Code.
(b) Subdivision (a) shall not apply to, or affect, any of the
following:
(1) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
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.
(2) 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, and who has permission granted by the Chief Sergeants at
Arms of the State Assembly and the State Senate to possess a
concealed weapon upon the premises described in subdivision (a).
(3) A person who has permission granted by the Chief Sergeants at
Arms of the State Assembly and the State Senate to possess a weapon
upon the premises described in subdivision (a).
(c) (1) Nothing in this section shall preclude prosecution under
Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing
with Section 29900) of Division 9 of Title 4 of Part 6 of this code,
Section 8100 or 8103 of the Welfare and Institutions Code, or any
other law with a penalty greater than is set forth in this section.
(2) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
171d. Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California,
any person summoned by that officer to assist in making arrests or
preserving the peace while he or she is actually engaged in assisting
the officer, a member of the military forces of this state or of the
United States engaged in the performance of his or her duties, a
person holding a valid license to carry the firearm pursuant to
Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of
Part 6, the Governor or a member of his or her immediate family or a
person acting with his or her permission with respect to the
Governor’s Mansion or any other residence of the Governor, any other
constitutional officer or a member of his or her immediate family or
a person acting with his or her permission with respect to the
officer’s residence, or a Member of the Legislature or a member of
his or her immediate family or a person acting with his or her
permission with respect to the Member’s residence, shall be punished
by imprisonment in a county jail for not more than one year, by fine
of not more than one thousand dollars ($1,000), or by both the fine
and imprisonment, or by imprisonment pursuant to subdivision (h) of
Section 1170, if he or she does any of the following:
(a) Brings a loaded firearm into, or possesses a loaded firearm
within, the Governor’s Mansion, or any other residence of the
Governor, the residence of any other constitutional officer, or the
residence of any Member of the Legislature.
(b) Brings a loaded firearm upon, or possesses a loaded firearm
upon, the grounds of the Governor’s Mansion or any other residence of
the Governor, the residence of any other constitutional officer, or
the residence of any Member of the Legislature.

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

 

171f. No person or group of persons shall willfully and knowingly:
1. Enter or remain within or upon any part of the chamber of
either house of the Legislature unless authorized, pursuant to rules
adopted or permission granted by either such house, to enter or
remain within or upon a part of the chamber of either such house;
2. Engage in any conduct within the State Capitol which disrupts
the orderly conduct of official business.
A violation of this section is a misdemeanor.
As used in this section, “State Capitol” means the building which
is intended primarily for use of the legislative department and
situated in the area bounded by 10th, L, 15th, and N Streets in the
City of Sacramento.
Nothing in this section shall forbid any act of any Member of the
Legislature, or any employee of a Member of the Legislature, any
officer or employee of the Legislature or any committee or
subcommittee thereof, or any officer or employee of either house of
the Legislature or any committee or subcommittee thereof, which is
performed in the lawful discharge of his official duties.

171.5. (a) For purposes of this section:
(1) “Airport” means an airport, with a secured area, that
regularly serves an air carrier holding a certificate issued by the
United States Secretary of Transportation.
(2) “Passenger vessel terminal” means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations.
(3) “Sterile area” means a portion of an airport defined in the
airport security program to which access generally is controlled
through the screening of persons and property, as specified in
Section 1540.5 of Title 49 of the Code of Federal Regulations, or a
portion of any passenger vessel terminal to which, pursuant to the
requirements set forth in Sections 105.255(a)(1), 105.255(c)(1), and
105.260(a) of Title 33 of the Code of Federal Regulations, access is
generally controlled in a manner consistent with the passenger vessel
terminal’s security plan and the MARSEC level in effect at the time.
(b) It is unlawful for any person to knowingly possess, within any
sterile area of an airport or a passenger vessel terminal, any of
the items listed in subdivision (c).
(c) The following items are unlawful to possess as provided in
subdivision (b):
(1) Any firearm.
(2) Any knife with a blade length in excess of four inches, the
blade of which is fixed, or is capable of being fixed, in an
unguarded position by the use of one or two hands.
(3) Any box cutter or straight razor.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any imitation firearm as defined in Section 417.4.
(8) Any frame, receiver, barrel, or magazine of a firearm.
(9) Any unauthorized tear gas weapon.
(10) Any taser or stun gun, as defined in Section 244.5.
(11) Any instrument that expels a metallic projectile, such as a
BB or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(12) Any ammunition as defined in Section 16150.
(d) Subdivision (b) shall not apply to, or affect, any of the
following:
(1) A duly appointed peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
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.
(2) A person who has authorization to possess a weapon specified
in subdivision (c), granted in writing by an airport security
coordinator who is designated as specified in Section 1542.3 of Title
49 of the Code of Federal Regulations, and who is responsible for
the security of the airport.
(3) A person, including an employee of a licensed contract guard
service, who has authorization to possess a weapon specified in
subdivision (c) granted in writing by a person discharging the duties
of Facility Security Officer or Company Security Officer pursuant to
an approved United States Coast Guard facility security plan, and
who is responsible for the security of the passenger vessel terminal.
(e) A violation of this section is punishable by imprisonment in a
county jail for a period not exceeding six months, or by a fine not
exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(f) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission that is punishable in different ways by
this and any other provision of law shall not be punished under more
than one provision.
(g) Nothing in this section is intended to affect existing state
or federal law regarding the transportation of firearms on airplanes
in checked luggage, or the possession of the items listed in
subdivision (c) in areas that are not “sterile areas.”

171.7. (a) For purposes of this section:
(1) “Public transit facility” means any land, building, or
equipment, or any interest therein, including any station on a public
transportation route, to which access is controlled in a manner
consistent with the public transit authority’s security plan, whether
or not the operation thereof produces revenue, that has as its
primary purpose the operation of a public transit system or the
providing of services to the passengers of a public transit system. A
public transit system includes the vehicles used in the system,
including, but not limited to, motor vehicles, streetcars, trackless
trolleys, buses, light rail systems, rapid transit systems, subways,
trains, or jitneys, that transport members of the public for hire.
(2) “Sterile area” means any portion of a public transit facility
that is generally controlled in a manner consistent with the public
transit authority’s security plan.
(3) “Firearm” has the same meaning as specified in subdivision (a)
of Section 16520.
(b) It is unlawful for any person to knowingly possess within any
sterile area of a public transit facility any of the following, if
the sterile area is posted with a statement providing reasonable
notice that prosecution may result from possession of these items:
(1) Any firearm.
(2) Any imitation firearm as defined in Section 417.4.
(3) 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.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any unauthorized tear gas weapon.
(8) Any undetectable knife, as described in Section 17290.
(c) (1) Subdivision (b) shall not apply to, or affect, any of the
following:
(A) A duly appointed peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(B) 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.
(C) A full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California.
(D) A qualified law enforcement officer of another state or the
federal government, as permitted under the Law Enforcement Officers
Safety Act pursuant to Section 926B or 926C of Title 18 of the United
States Code.
(E) Any person summoned by any of the officers listed in
subparagraphs (A) to (C), inclusive, to assist in making arrests or
preserving the peace while he or she is actually engaged in assisting
the officer.
(F) A person who is responsible for the security of the public
transit system and who has been authorized by the public transit
authority’s security coordinator, in writing, to possess a weapon
specified in subdivision (b).
(2) Paragraph (1) of subdivision (b) does not apply to or affect a
person who is exempt from the prohibition against carrying a handgun
pursuant to Section 25400 if the carrying of that handgun is in
accordance with the terms and conditions of the exemption specified
in Article 2 (commencing with Section 25450) of Chapter 2 of Division
5 of Title 4 of Part 6 or Sections 25615 to 25655, inclusive.
(3) Paragraph (7) of subdivision (b) shall not apply to or affect
the possession of a tear gas weapon when possession is permitted
pursuant to Division 11 (commencing with Section 22810) of Title 3 of
Part 6.
(d) A violation of this section is punishable by imprisonment in a
county jail for a period not exceeding six months, or by a fine not
exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(e) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission that is punishable in different ways by
this and any other provision of law shall not be punished under more
than one provision.
(f) This section does not prevent prosecution under any other
provision of law that may provide a greater punishment.
(g) This section shall be interpreted so as to be consistent with
Section 926A of Title 18 of the United States Code.

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

 

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

 

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

 

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

 

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

 

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

 

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

 

172h. The provisions of Sections 172, 172a, 172b, 172d and 172g of
this code shall not be applied to prohibit the sale or the exposing
or offering for sale of any intoxicating liquor in, or the issuance
of an alcoholic beverage license for, any premises because a
university has constructed and occupied since January 1, 1960, or in
the future constructs, dormitories for its students which has
resulted or results in the premises being prohibited by the foregoing
sections from selling, exposing or offering such liquor for sale
because the premises are or become thereby within the area prescribed
by these sections.
172j. The provisions of Sections 172, 172a, 172b, 172d, and 172g
shall not apply to the sale or exposing for sale of any intoxicating
liquor on the premises of, and by the holder or agent of, a holder of
a retail package off-sale general license or retail package off-sale
beer and wine license issued under the Alcoholic Beverage Control
Act (Division 9 (commencing with Section 23000), Business and
Professions Code).

 

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

 

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

 

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

 

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

 

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

 

172.1. No provision of law shall prevent the possession or use of
wine on any state university, state college or community college
premises solely for use in experimentation in or instruction of
viticulture, enology, domestic science or home economics.
172.3. The provisions of Section 172a shall not apply to the sale
or exposing or offering for sale of any alcoholic beverages on the
premises of, and by the holder or agent of a holder of, any off-sale
license situated within 1 1/2 miles from the grounds of the
University of Redlands.

 

172.5. The provisions of Sections 172 and 172a of this code shall
not apply to the sale or exposing or offering for sale of alcoholic
beverages by a licensee under the Alcoholic Beverage Control Act
within the premises occupied by any bona fide club which is situated
within one mile of the grounds belonging to the University of
California at Berkeley, if the club meets all of the following
requirements:
(a) The membership in the club shall be limited to male American
citizens over the age of 21 years.
(b) The club shall have been organized and have existed in the
City of Berkeley for not less than 35 years continuously.
(c) The club shall have a bona fide membership of not less than
500 members.
(d) The premises occupied by the club are owned by the club, or by
a corporation, at least 75 percent of whose capital stock is owned
by the club, and have a value of not less than one hundred thousand
dollars ($100,000).
172.6. The provisions of Section 172 of this code shall not apply
to the sale, gift, or exposing or offering for sale of alcoholic
beverages by a licensee under the Alcoholic Beverage Control Act
within the premises occupied by any bona fide club which is situated
within 2,000 feet of San Quentin Prison in Marin County, provided the
club meets all the following requirements:
(a) The club shall have been organized and have existed in the
County of Marin for not less than 25 years continuously.
(b) The club shall have a bona fide membership of not less than
1,000 persons.
(c) The premises occupied by the club are owned by the club or by
club members.

 

172.7. The provisions of Section 172a shall not apply to the sale,
gift, or exposing or offering for sale of alcoholic beverages by a
licensee under the Alcoholic Beverage Control Act within the premises
occupied by any bona fide club which is situated within one mile of
the campus of Whittier College in the City of Whittier, or one mile
or more from the campus of Leland Stanford Junior University near the
City of Palo Alto, provided the club meets all the following
requirements:
(a) The club shall have been organized and have existed for not
less than 10 years continuously.
(b) The club shall have a bona fide membership of not less than
350 persons.
(c) The club shall own the building which it occupies.
172.8. The provisions of Section 172a shall not apply to the sale
of alcoholic beverages for consumption on the premises, by a
nonprofit organization at a municipally owned conference center
located more than one but less than 1 1/2 miles from the California
Institute of Technology in Pasadena.

 

172.9. The word “university,” when used in this chapter with
reference to the sale, exposing or offering for sale, of alcoholic
beverages, means an institution which has the authority to grant an
academic graduate degree.
172.95. Sections 172 to 172.9, inclusive, do not apply to sales to
wholesalers or retailers by licensed winegrowers, brandy
manufacturers, beer manufacturers, distilled spirits manufacturers’
agents, distilled spirits manufacturers, or wholesalers.
173. Every Captain, Master of a vessel, or other person, who
willfully imports, brings, or sends, or causes or procures to be
brought or sent, into this State, any person who is a foreign convict
of any crime which, if committed within this State, would be
punishable therein (treason and misprision of treason excepted), or
who is delivered or sent to him from any prison or place of
confinement in any place without this State, is guilty of a
misdemeanor.
175. Every individual person of the classes referred to in Section
173, brought to or landed within this state contrary to the
provisions of such section, renders the person bringing or landing
liable to a separate prosecution and penalty.
181. Every person who holds, or attempts to hold, any person in
involuntary servitude, or assumes, or attempts to assume, rights of
ownership over any person, or who sells, or attempts to sell, any
person to another, or receives money or anything of value, in
consideration of placing any person in the custody, or under the
power or control of another, or who buys, or attempts to buy, any
person, or pays money, or delivers anything of value, to another, in
consideration of having any person placed in his or her custody, or
under his or her power or control, or who knowingly aids or assists
in any manner any one thus offending, is punishable by imprisonment
pursuant to subdivision (h) of Section 1170 for two, three or four
years.

PENAL CODE
SECTION 182-185

 

182. (a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to
procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means
which are in themselves criminal, or to obtain money or property by
false pretenses or by false promises with fraudulent intent not to
perform those promises.
(5) To commit any act injurious to the public health, to public
morals, or to pervert or obstruct justice, or the due administration
of the laws.
(6) To commit any crime against the person of the President or
Vice President of the United States, the Governor of any state or
territory, any United States justice or judge, or the secretary of
any of the executive departments of the United States.
They are punishable as follows:
When they conspire to commit any crime against the person of any
official specified in paragraph (6), they are guilty of a felony and
are punishable by imprisonment pursuant to subdivision (h) of Section
1170 for five, seven, or nine years.
When they conspire to commit any other felony, they shall be
punishable in the same manner and to the same extent as is provided
for the punishment of that felony. If the felony is one for which
different punishments are prescribed for different degrees, the jury
or court which finds the defendant guilty thereof shall determine the
degree of the felony the defendant conspired to commit. If the
degree is not so determined, the punishment for conspiracy to commit
the felony shall be that prescribed for the lesser degree, except in
the case of conspiracy to commit murder, in which case the punishment
shall be that prescribed for murder in the first degree.
If the felony is conspiracy to commit two or more felonies which
have different punishments and the commission of those felonies
constitute but one offense of conspiracy, the penalty shall be that
prescribed for the felony which has the greater maximum term.
When they conspire to do an act described in paragraph (4), they
shall be punishable by imprisonment in 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.
When they conspire to do any of the other acts described in this
section, they shall be punishable by imprisonment in a county jail
for not more than one year, or 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. When they receive a felony
conviction for conspiring to commit identity theft, as defined in
Section 530.5, the court may impose a fine of up to twenty-five
thousand dollars ($25,000).
All cases of conspiracy may be prosecuted and tried in the
superior court of any county in which any overt act tending to effect
the conspiracy shall be done.
(b) Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts are expressly alleged in the
indictment or information, nor unless one of the acts alleged is
proved; but other overt acts not alleged may be given in evidence.

 

182.5. Notwithstanding subdivisions (a) or (b) of Section 182, any
person who actively participates in any criminal street gang, as
defined in subdivision (f) of Section 186.22, with knowledge that its
members engage in or have engaged in a pattern of criminal gang
activity, as defined in subdivision (e) of Section 186.22, and who
willfully promotes, furthers, assists, or benefits from any felonious
criminal conduct by members of that gang is guilty of conspiracy to
commit that felony and may be punished as specified in subdivision
(a) of Section 182.
183. No conspiracies, other than those enumerated in the preceding
section, are punishable criminally.

 

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

 

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

PENAL CODE
SECTION 186-186.8

 

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

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

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

 

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

 

186.4. (a) The prosecuting agency shall, in conjunction with the
criminal proceeding, file a petition of forfeiture with the superior
court of the county in which the defendant has been charged with the
underlying criminal offense, which shall allege that the defendant
has engaged in a pattern of criminal profiteering activity, including
the acts or threats chargeable as crimes and the property
forfeitable pursuant to Section 186.3. The prosecuting agency shall
make service of process of a notice regarding that petition upon
every individual who may have a property interest in the alleged
proceeds, which notice shall state that any interested party may file
a verified claim with the superior court stating the amount of their
claimed interest and an affirmation or denial of the prosecuting
agency’s allegation. If the notices cannot be given by registered
mail or personal delivery, the notices shall be published for at
least three successive weeks in a newspaper of general circulation in
the county where the property is located. If the property alleged to
be subject to forfeiture is real property, the prosecuting agency
shall, at the time of filing the petition of forfeiture, record a lis
pendens in each county in which the real property is situated which
specifically identifies the real property alleged to be subject to
forfeiture. The judgment of forfeiture shall not affect the interest
in real property of any third party which was acquired prior to the
recording of the lis pendens.
(b) All notices shall set forth the time within which a claim of
interest in the property seized is required to be filed pursuant to
Section 186.5.
186.5. (a) Any person claiming an interest in the property or
proceeds may, at any time within 30 days from the date of the first
publication of the notice of seizure, or within 30 days after receipt
of actual notice, file with the superior court of the county in
which the action is pending a verified claim stating his or her
interest in the property or proceeds. A verified copy of the claim
shall be given by the claimant to the Attorney General or district
attorney, as appropriate.
(b) (1) If, at the end of the time set forth in subdivision (a),
an interested person, other than the defendant, has not filed a
claim, the court, upon motion, shall declare that the person has
defaulted upon his or her alleged interest, and it shall be subject
to forfeiture upon proof of the provisions of subdivision (d).
(2) The defendant may admit or deny that the property is subject
to forfeiture pursuant to the provisions of this chapter. If the
defendant fails to admit or deny or to file a claim of interest in
the property or proceeds, the court shall enter a response of denial
on behalf of the defendant.
(c) (1) The forfeiture proceeding shall be set for hearing in the
superior court in which the underlying criminal offense will be
tried.
(2) If the defendant is found guilty of the underlying offense,
the issue of forfeiture shall be promptly tried, either before the
same jury or before a new jury in the discretion of the court, unless
waived by the consent of all parties.
(d) At the forfeiture hearing, the prosecuting agency shall have
the burden of establishing beyond a reasonable doubt that the
defendant was engaged in a pattern of criminal profiteering activity
and that the property alleged in the petition comes within the
provisions of subdivision (b) or (c) of Section 186.3.

 

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

 

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

 

186.8. Notwithstanding that no response or claim has been filed
pursuant to Section 186.5, in all cases where property is forfeited
pursuant to this chapter and, if necessary, sold by the Department of
General Services or local governmental entity, the money forfeited
or the proceeds of sale shall be distributed by the state or local
governmental entity as follows:
(a) To the bona fide or innocent purchaser, conditional sales
vendor, or holder of a valid lien, mortgage, or security interest, if
any, up to the amount of his or her interest in the property or
proceeds, when the court declaring the forfeiture orders a
distribution to that person. The court shall endeavor to discover all
those lienholders and protect their interests and may, at its
discretion, order the proceeds placed in escrow for up to an
additional 60 days to ensure that all valid claims are received and
processed.
(b) To the Department of General Services or local governmental
entity for all expenditures made or incurred by it in connection with
the sale of the property, including expenditures for any necessary
repairs, storage, or transportation of any property seized under this
chapter.
(c) To the General Fund of the state or a general fund of a local
governmental entity, whichever prosecutes.
(d) In any case involving a violation of subdivision (b) of
Section 311.2, or Section 311.3 or 311.4, in lieu of the distribution
of the proceeds provided for by subdivisions (b) and (c), the
proceeds shall be deposited in the county children’s trust fund,
established pursuant to Section 18966 of the Welfare and Institutions
Code, of the county that filed the petition of forfeiture. If the
county does not have a children’s trust fund, the funds shall be
deposited in the State Children’s Trust Fund, established pursuant to
Section 18969 of the Welfare and Institutions Code.
(e) In any case involving crimes against the state beverage
container recycling program, in lieu of the distribution of proceeds
provided in subdivision (c), the proceeds shall be deposited in the
penalty account established pursuant to subdivision (d) of Section
14580 of the Public Resources Code, except that a portion of the
proceeds equivalent to the cost of prosecution in the case shall be
distributed to the local prosecuting entity that filed the petition
of forfeiture.
(f) (1) In any case described in paragraph (29) or (30) of
subdivision (a) of Section 186.2, or paragraph (33) of subdivision
(a) of Section 186.2 where the victim is a minor, in lieu of the
distribution provided for in subdivision (c), the proceeds shall be
deposited in the Victim-Witness Assistance Fund to be available for
appropriation to fund child sexual exploitation and child sexual
abuse victim counseling centers and prevention programs under Section
13837. Fifty percent of the funds deposited in the Victim-Witness
Assistance Fund pursuant to this subdivision shall be granted to
community-based organizations that serve minor victims of human
trafficking.
(2) Notwithstanding paragraph (1), any proceeds specified in
paragraph (1) that would otherwise be distributed to the General Fund
of the state under subdivision (c) pursuant to a paragraph in
subdivision (a) of Section 186.2 other than paragraph (29) or (30) of
subdivision (a) of Section 186.2, or paragraph (33) of subdivision
(a) of Section 186.2 where the victim is a minor, shall, except as
otherwise required by law, continue to be distributed to the General
Fund of the state as specified in subdivision (c).

PENAL CODE
SECTION 186.9-186.10

 

186.9. As used in this chapter:
(a) “Conducts” includes, but is not limited to, initiating,
concluding, or participating in conducting, initiating, or concluding
a transaction.
(b) “Financial institution” means, when located or doing business
in this state, any national bank or banking association, state bank
or banking association, commercial bank or trust company organized
under the laws of the United States or any state, any private bank,
industrial savings bank, savings bank or thrift institution, savings
and loan association, or building and loan association organized
under the laws of the United States or any state, any insured
institution as defined in Section 401 of the National Housing Act (12
U.S.C. Sec. 1724(a)), any credit union organized under the laws of
the United States or any state, any national banking association or
corporation acting under Chapter 6 (commencing with Section 601) of
Title 12 of the United States Code, any agency, agent or branch of a
foreign bank, any currency dealer or exchange, any person or business
engaged primarily in the cashing of checks, any person or business
who regularly engages in the issuing, selling, or redeeming of
traveler’s checks, money orders, or similar instruments, any broker
or dealer in securities registered or required to be registered with
the Securities and Exchange Commission under the Securities Exchange
Act of 1934 or with the Commissioner of Corporations under Part 3
(commencing with Section 25200) of Division 1 of Title 4 of the
Corporations Code, any licensed transmitter of funds or other person
or business regularly engaged in transmitting funds to a foreign
nation for others, any investment banker or investment company, any
insurer, any dealer in gold, silver, or platinum bullion or coins,
diamonds, emeralds, rubies, or sapphires, any pawnbroker, any
telegraph company, any person or business regularly engaged in the
delivery, transmittal, or holding of mail or packages, any person or
business that conducts a transaction involving the transfer of title
to any real property, vehicle, vessel, or aircraft, any personal
property broker, any person or business acting as a real property
securities dealer within the meaning of Section 10237 of the Business
and Professions Code, whether licensed to do so or not, any person
or business acting within the meaning and scope of subdivisions (d)
and (e) of Section 10131 and Section 10131.1 of the Business and
Professions Code, whether licensed to do so or not, any person or
business regularly engaged in gaming within the meaning and scope of
Section 330, any person or business regularly engaged in pool selling
or bookmaking within the meaning and scope of Section 337a, any
person or business regularly engaged in horse racing whether licensed
to do so or not under the Business and Professions Code, any person
or business engaged in the operation of a gambling ship within the
meaning and scope of Section 11317, any person or business engaged in
controlled gambling within the meaning and scope of subdivision (e)
of Section 19805 of the Business and Professions Code, whether
registered to do so or not, and any person or business defined as a
“bank,” “financial agency,” or “financial institution” by Section
5312 of Title 31 of the United States Code or Section 103.11 of Title
31 of the Code of Federal Regulations and any successor provisions
thereto.
(c) “Transaction” includes the deposit, withdrawal, transfer,
bailment, loan, pledge, payment, or exchange of currency, or a
monetary instrument, as defined by subdivision (d), or the
electronic, wire, magnetic, or manual transfer of funds between
accounts by, through, or to, a financial institution as defined by
subdivision (b).
(d) “Monetary instrument” means United States currency and coin;
the currency, coin, and foreign bank drafts of any foreign country;
payment warrants issued by the United States, this state, or any
city, county, or city and county of this state or any other political
subdivision thereof; any bank check, cashier’s check, traveler’s
check, or money order; any personal check, stock, investment
security, or negotiable instrument in bearer form or otherwise in a
form in which title thereto passes upon delivery; gold, silver, or
platinum bullion or coins; and diamonds, emeralds, rubies, or
sapphires. Except for foreign bank drafts and federal, state, county,
or city warrants, “monetary instrument” does not include personal
checks made payable to the order of a named party which have not been
endorsed or which bear restrictive endorsements, and also does not
include personal checks which have been endorsed by the named party
and deposited by the named party into the named party’s account with
a financial institution.
(e) “Criminal activity” means a criminal offense punishable under
the laws of this state by death, imprisonment in the state prison, or
imprisonment pursuant to subdivision (h) of Section 1170 or from a
criminal offense committed in another jurisdiction punishable under
the laws of that jurisdiction by death or imprisonment for a term
exceeding one year.
(f) “Foreign bank draft” means a bank draft or check issued or
made out by a foreign bank, savings and loan, casa de cambio, credit
union, currency dealer or exchanger, check cashing business, money
transmitter, insurance company, investment or private bank, or any
other foreign financial institution that provides similar financial
services, on an account in the name of the foreign bank or foreign
financial institution held at a bank or other financial institution
located in the United States or a territory of the United States.
186.10. (a) Any person who conducts or attempts to conduct a
transaction or more than one transaction within a seven-day period
involving a monetary instrument or instruments of a total value
exceeding five thousand dollars ($5,000), or a total value exceeding
twenty-five thousand dollars ($25,000) within a 30-day period,
through one or more financial institutions (1) with the specific
intent to promote, manage, establish, carry on, or facilitate the
promotion, management, establishment, or carrying on of any criminal
activity, or (2) knowing that the monetary instrument represents the
proceeds of, or is derived directly or indirectly from the proceeds
of, criminal activity, is guilty of the crime of money laundering.
The aggregation periods do not create an obligation for financial
institutions to record, report, create, or implement tracking systems
or otherwise monitor transactions involving monetary instruments in
any time period. In consideration of the constitutional right to
counsel afforded by the Sixth Amendment to the United States
Constitution and Section 15 of Article I of the California
Constitution, when a case involves an attorney who accepts a fee for
representing a client in a criminal investigation or proceeding, the
prosecution shall additionally be required to prove that the monetary
instrument was accepted by the attorney with the intent to disguise
or aid in disguising the source of the funds or the nature of the
criminal activity.
A violation of this section shall be punished by imprisonment in a
county jail for not more than one year or pursuant to subdivision
(h) of Section 1170, by a fine of not more than two hundred fifty
thousand dollars ($250,000) or twice the value of the property
transacted, whichever is greater, or by both that imprisonment and
fine. However, for a second or subsequent conviction for a violation
of this section, the maximum fine that may be imposed is five hundred
thousand dollars ($500,000) or five times the value of the property
transacted, whichever is greater.
(b) Notwithstanding any other law, for purposes of this section,
each individual transaction conducted in excess of five thousand
dollars ($5,000), each series of transactions conducted within a
seven-day period that total in excess of five thousand dollars
($5,000), or each series of transactions conducted within a 30-day
period that total in excess of twenty-five thousand dollars
($25,000), shall constitute a separate, punishable offense.
(c) (1) Any person who is punished under subdivision (a) by
imprisonment pursuant to subdivision (h) of Section 1170 shall also
be subject to an additional term of imprisonment pursuant to
subdivision (h) of Section 1170 as follows:
(A) If the value of the transaction or transactions exceeds fifty
thousand dollars ($50,000) but is less than one hundred fifty
thousand dollars ($150,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of one
year.
(B) If the value of the transaction or transactions exceeds one
hundred fifty thousand dollars ($150,000) but is less than one
million dollars ($1,000,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of two
years.
(C) If the value of the transaction or transactions exceeds one
million dollars ($1,000,000), but is less than two million five
hundred thousand dollars ($2,500,000), the court, in addition to and
consecutive to the felony punishment otherwise imposed pursuant to
this section, shall impose an additional term of imprisonment of
three years.
(D) If the value of the transaction or transactions exceeds two
million five hundred thousand dollars ($2,500,000), the court, in
addition to and consecutive to the felony punishment otherwise
prescribed by this section, shall impose an additional term of
imprisonment of four years.
(2) (A) An additional term of imprisonment as provided for in this
subdivision shall not be imposed unless the facts of a transaction
or transactions, or attempted transaction or transactions, of a value
described in paragraph (1), are charged in the accusatory pleading,
and are either admitted to by the defendant or are found to be true
by the trier of fact.
(B) An additional term of imprisonment as provided for in this
subdivision may be imposed with respect to an accusatory pleading
charging multiple violations of this section, regardless of whether
any single violation charged in that pleading involves a transaction
or attempted transaction of a value covered by paragraph (1), if the
violations charged in that pleading arise from a common scheme or
plan and the aggregate value of the alleged transactions or attempted
transactions is of a value covered by paragraph (1).
(d) All pleadings under this section shall remain subject to the
rules of joinder and severance stated in Section 954.

PENAL CODE
SECTION 186.11-186.12

 

186.11. (a) (1) Any person who commits two or more related
felonies, a material element of which is fraud or embezzlement, which
involve a pattern of related felony conduct, and the pattern of
related felony conduct involves the taking of, or results in the loss
by another person or entity of, more than one hundred thousand
dollars ($100,000), shall be punished, upon conviction of two or more
felonies in a single criminal proceeding, in addition and
consecutive to the punishment prescribed for the felony offenses of
which he or she has been convicted, by an additional term of
imprisonment in the state prison as specified in paragraph (2) or
(3). This enhancement shall be known as the aggravated white collar
crime enhancement. The aggravated white collar crime enhancement
shall only be imposed once in a single criminal proceeding. For
purposes of this section, “pattern of related felony conduct” means
engaging in at least two felonies that have the same or similar
purpose, result, principals, victims, or methods of commission, or
are otherwise interrelated by distinguishing characteristics, and
that are not isolated events. For purposes of this section, “two or
more related felonies” means felonies committed against two or more
separate victims, or against the same victim on two or more separate
occasions.
(2) If the pattern of related felony conduct involves the taking
of, or results in the loss by another person or entity of, more than
five hundred thousand dollars ($500,000), the additional term of
punishment shall be two, three, or five years in the state prison.
(3) If the pattern of related felony conduct involves the taking
of, or results in the loss by another person or entity of, more than
one hundred thousand dollars ($100,000), but not more than five
hundred thousand dollars ($500,000), the additional term of
punishment shall be the term specified in paragraph (1) or (2) of
subdivision (a) of Section 12022.6.
(b) (1) The additional prison term and penalties provided for in
subdivisions (a), (c), and (d) shall not be imposed unless the facts
set forth in subdivision (a) are charged in the accusatory pleading
and admitted or found to be true by the trier of fact.
(2) The additional prison term provided in paragraph (2) of
subdivision (a) shall be in addition to any other punishment provided
by law, including Section 12022.6, and shall not be limited by any
other provision of law.
(c) Any person convicted of two or more felonies, as specified in
subdivision (a), shall also be liable for a fine not to exceed five
hundred thousand dollars ($500,000) or double the value of the
taking, whichever is greater, if the existence of facts that would
make the person subject to the aggravated white collar crime
enhancement have been admitted or found to be true by the trier of
fact. However, if the pattern of related felony conduct involves the
taking of more than one hundred thousand dollars ($100,000), but not
more than five hundred thousand dollars ($500,000), the fine shall
not exceed one hundred thousand dollars ($100,000) or double the
value of the taking, whichever is greater.
(d) (1) If a person is alleged to have committed two or more
felonies, as specified in subdivision (a), and the aggravated white
collar crime enhancement is also charged, or a person is charged in
an accusatory pleading with a felony, a material element of which is
fraud or embezzlement, that involves the taking or loss of more than
one hundred thousand dollars ($100,000), and an allegation as to the
existence of those facts, any asset or property that is in the
control of that person, and any asset or property that has been
transferred by that person to a third party, subsequent to the
commission of any criminal act alleged pursuant to subdivision (a),
other than in a bona fide purchase, whether found within or outside
the state, may be preserved by the superior court in order to pay
restitution and fines. Upon conviction of two or more felonies, as
specified in subdivision (a), or a felony, a material element of
which is fraud or embezzlement, that involves the taking or loss of
more than one hundred thousand dollars ($100,000), this property may
be levied upon by the superior court to pay restitution and fines if
the existence of facts that would make the person subject to the
aggravated white collar crime enhancement or that demonstrate the
taking or loss of more than one hundred thousand dollars ($100,000)
in the commission of a felony, a material element of which is fraud
or embezzlement, have been charged in the accusatory pleading and
admitted or found to be true by the trier of fact.
(2) To prevent dissipation or secreting of assets or property, the
prosecuting agency may, at the same time as or subsequent to the
filing of a complaint or indictment charging two or more felonies, as
specified in subdivision (a), and the enhancement specified in
subdivision (a), or a felony, a material element of which is fraud or
embezzlement, that involves the taking or loss of more than one
hundred thousand dollars ($100,000), and an allegation as to the
existence of those facts, file a petition with the criminal division
of the superior court of the county in which the accusatory pleading
was filed, seeking a temporary restraining order, preliminary
injunction, the appointment of a receiver, or any other protective
relief necessary to preserve the property or assets. This petition
shall commence a proceeding that shall be pendent to the criminal
proceeding and maintained solely to affect the criminal remedies
provided for in this section. The proceeding shall not be subject to
or governed by the provisions of the Civil Discovery Act as set forth
in Title 4 (commencing with Section 2016.010) of Part 4 of the Code
of Civil Procedure. The petition shall allege that the defendant has
been charged with two or more felonies, as specified in subdivision
(a), and is subject to the aggravated white collar crime enhancement
specified in subdivision (a) or that the defendant has been charged
with a felony, a material element of which is fraud or embezzlement,
that involves the taking or loss of more than one hundred thousand
dollars ($100,000), and an allegation as to the existence of those
facts. The petition shall identify that criminal proceeding and the
assets and property to be affected by an order issued pursuant to
this section.
(3) A notice regarding the petition shall be provided, by personal
service or registered mail, to every person who may have an interest
in the property specified in the petition. Additionally, the notice
shall be published for at least three successive weeks in a newspaper
of general circulation in the county where the property affected by
an order issued pursuant to this section is located. The notice shall
state that any interested person may file a verified claim with the
superior court stating the nature and amount of their claimed
interest. The notice shall set forth the time within which a claim of
interest in the protected property is required to be filed.
(4) If the property to be preserved is real property, the
prosecuting agency shall record, at the time of filing the petition,
a lis pendens in each county in which the real property is situated
which specifically identifies the property by legal description, the
name of the owner of record as shown on the latest equalized
assessment roll, and the assessor’s parcel number.
(5) If the property to be preserved are assets under the control
of a banking or financial institution, the prosecuting agency, at the
time of the filing of the petition, may obtain an order from the
court directing the banking or financial institution to immediately
disclose the account numbers and value of the assets of the accused
held by the banking or financial institution. The prosecuting agency
shall file a supplemental petition, specifically identifying which
banking or financial institution accounts shall be subject to a
temporary restraining order, preliminary injunction, or other
protective remedy.
(6) Any person claiming an interest in the protected property may,
at any time within 30 days from the date of the first publication of
the notice of the petition, or within 30 days after receipt of
actual notice, file with the superior court of the county in which
the action is pending a verified claim stating the nature and amount
of his or her interest in the property or assets. A verified copy of
the claim shall be served by the claimant on the Attorney General or
district attorney, as appropriate.
(7) The imposition of fines and restitution pursuant to this
section shall be determined by the superior court in which the
underlying criminal offense is sentenced. Any judge who is assigned
to the criminal division of the superior court in the county where
the petition is filed may issue a temporary restraining order in
conjunction with, or subsequent to, the filing of an allegation
pursuant to this section. Any subsequent hearing on the petition
shall also be heard by a judge assigned to the criminal division of
the superior court in the county in which the petition is filed. At
the time of the filing of an information or indictment in the
underlying criminal case, any subsequent hearing on the petition
shall be heard by the superior court judge assigned to the underlying
criminal case.
(e) Concurrent with or subsequent to the filing of the petition,
the prosecuting agency may move the superior court for, and the
superior court may issue, the following pendente lite orders to
preserve the status quo of the property alleged in the petition:
(1) An injunction to restrain any person from transferring,
encumbering, hypothecating, or otherwise disposing of that property.
(2) Appointment of a receiver to take possession of, care for,
manage, and operate the assets and properties so that the property
may be maintained and preserved. The court may order that a receiver
appointed pursuant to this section shall be compensated for all
reasonable expenditures made or incurred by him or her in connection
with the possession, care, management, and operation of any property
or assets that are subject to the provisions of this section.
(3) A bond or other undertaking, in lieu of other orders, of a
value sufficient to ensure the satisfaction of restitution and fines
imposed pursuant to this section.
(f) (1) No preliminary injunction may be granted or receiver
appointed by the court without notice that meets the requirements of
paragraph (3) of subdivision (d) to all known and reasonably
ascertainable interested parties and upon a hearing to determine that
an order is necessary to preserve the property pending the outcome
of the criminal proceedings. A temporary restraining order may be
issued by the court, ex parte, pending that hearing in conjunction
with or subsequent to the filing of the petition upon the application
of the prosecuting attorney. The temporary restraining order may be
based upon the sworn declaration of a peace officer with personal
knowledge of the criminal investigation that establishes probable
cause to believe that aggravated white collar crime or a felony, a
material element of which is fraud or embezzlement, that involves the
taking or loss of more than one hundred thousand dollars ($100,000)
has taken place and that the amount of restitution and fines exceeds
or equals the worth of the assets subject to the temporary
restraining order. The declaration may include the hearsay statements
of witnesses to establish the necessary facts. The temporary
restraining order may be issued without notice upon a showing of good
cause to the court.
(2) The defendant, or a person who has filed a verified claim as
provided in paragraph (6) of subdivision (d), shall have the right to
have the court conduct an order to show cause hearing within 10 days
of the service of the request for hearing upon the prosecuting
agency, in order to determine whether the temporary restraining order
should remain in effect, whether relief should be granted from any
lis pendens recorded pursuant to paragraph (4) of subdivision (d), or
whether any existing order should be modified in the interests of
justice. Upon a showing of good cause, the hearing shall be held
within two days of the service of the request for hearing upon the
prosecuting agency.
(3) In determining whether to issue a preliminary injunction or
temporary restraining order in a proceeding brought by a prosecuting
agency in conjunction with or subsequent to the filing of an
allegation pursuant to this section, the court has the discretion to
consider any matter that it deems reliable and appropriate, including
hearsay statements, in order to reach a just and equitable decision.
The court shall weigh the relative degree of certainty of the
outcome on the merits and the consequences to each of the parties of
granting the interim relief. If the prosecution is likely to prevail
on the merits and the risk of the dissipation of assets outweighs the
potential harm to the defendants and the interested parties, the
court shall grant injunctive relief. The court shall give significant
weight to the following factors:
(A) The public interest in preserving the property or assets
pendente lite.
(B) The difficulty of preserving the property or assets pendente
lite where the underlying alleged crimes involve issues of fraud and
moral turpitude.
(C) The fact that the requested relief is being sought by a public
prosecutor on behalf of alleged victims of white collar crimes.
(D) The likelihood that substantial public harm has occurred where
aggravated white collar crime is alleged to have been committed.
(E) The significant public interest involved in compensating the
victims of white collar crime and paying court-imposed restitution
and fines.
(4) The court, in making its orders, may consider a defendant’s
request for the release of a portion of the property affected by this
section in order to pay reasonable legal fees in connection with the
criminal proceeding, any necessary and appropriate living expenses
pending trial and sentencing, and for the purpose of posting bail.
The court shall weigh the needs of the public to retain the property
against the needs of the defendant to a portion of the property. The
court shall consider the factors listed in paragraph (3) prior to
making any order releasing property for these purposes.
(5) The court, in making its orders, shall seek to protect the
interests of any innocent third persons, including an innocent
spouse, who were not involved in the commission of any criminal
activity.
(6) Any petition filed pursuant to this section is part of the
criminal proceedings for purposes of appointment of counsel and shall
be assigned to the criminal division of the superior court of the
county in which the accusatory pleading was filed.
(7) Based upon a noticed motion brought by the receiver appointed
pursuant to paragraph (2) of subdivision (e), the court may order an
interlocutory sale of property named in the petition when the
property is liable to perish, to waste, or to be significantly
reduced in value, or when the expenses of maintaining the property
are disproportionate to the value thereof. The proceeds of the
interlocutory sale shall be deposited with the court or as directed
by the court pending determination of the proceeding pursuant to this
section.
(8) The court may make any orders that are necessary to preserve
the continuing viability of any lawful business enterprise that is
affected by the issuance of a temporary restraining order or
preliminary injunction issued pursuant to this action.
(9) In making its orders, the court shall seek to prevent any
asset subject to a temporary restraining order or preliminary
injunction from perishing, spoiling, going to waste, or otherwise
being significantly reduced in value. Where the potential for
diminution in value exists, the court shall appoint a receiver to
dispose of or otherwise protect the value of the property or asset.
(10) A preservation order shall not be issued against any assets
of a business that are not likely to be dissipated and that may be
subject to levy or attachment to meet the purposes of this section.
(g) If the allegation that the defendant is subject to the
aggravated white collar crime enhancement or has committed a felony,
a material element of which is fraud or embezzlement, that involves
the taking or loss of more than one hundred thousand dollars
($100,000) is dismissed or found by the trier of fact to be untrue,
any preliminary injunction or temporary restraining order issued
pursuant to this section shall be dissolved. If a jury is the trier
of fact, and the jury is unable to reach a unanimous verdict, the
court shall have the discretion to continue or dissolve all or a
portion of the preliminary injunction or temporary restraining order
based upon the interests of justice. However, if the prosecuting
agency elects not to retry the case, any preliminary injunction or
temporary restraining order issued pursuant to this section shall be
dissolved.
(h) (1) (A) If the defendant is convicted of two or more felonies,
as specified in subdivision (a), and the existence of facts that
would make the person subject to the aggravated white collar crime
enhancement have been admitted or found to be true by the trier of
fact, or the defendant is convicted of a felony, a material element
of which is fraud or embezzlement, that involves the taking or loss
of more than one hundred thousand dollars ($100,000), and an
allegation as to the existence of those facts has been admitted or
found to be true by the trier of fact, the trial judge shall continue
the preliminary injunction or temporary restraining order until the
date of the criminal sentencing and shall make a finding at that time
as to what portion, if any, of the property or assets subject to the
preliminary injunction or temporary restraining order shall be
levied upon to pay fines and restitution to victims of the crime. The
order imposing fines and restitution may exceed the total worth of
the property or assets subjected to the preliminary injunction or
temporary restraining order. The court may order the immediate
transfer of the property or assets to satisfy any judgment and
sentence made pursuant to this section. Additionally, upon motion of
the prosecution, the court may enter an order as part of the judgment
and sentence making the order imposing fines and restitution
pursuant to this section enforceable pursuant to Title 9 (commencing
with Section 680.010) of Part 2 of the Code of Civil Procedure.
(B) Additionally, the court shall order the defendant to make full
restitution to the victim or to make restitution to the victim based
on his or her ability to pay, as defined in subdivision (b) of
Section 1203.1b. The payment of the restitution ordered by the court
pursuant to this section shall be made a condition of any probation
granted by the court if the existence of facts that would make the
defendant subject to the aggravated white collar crime enhancement or
of facts demonstrating the person committed a felony, a material
element of which is fraud or embezzlement, that involves the taking
or loss of more than one hundred thousand dollars ($100,000) have
been admitted or found to be true by the trier of fact.
Notwithstanding any other provision of law, the court may order that
the period of probation continue for up to 10 years or until full
restitution is made to the victim, whichever is earlier.
(C) The sentencing court shall retain jurisdiction to enforce the
order to pay additional fines and restitution and, in appropriate
cases, may initiate probation violation proceedings or contempt of
court proceedings against a defendant who is found to have willfully
failed to comply with any lawful order of the court.
(D) If the execution of judgment is stayed pending an appeal of an
order of the superior court pursuant to this section, the
preliminary injunction or temporary restraining order shall be
maintained in full force and effect during the pendency of the
appellate period.
(2) The order imposing fines and restitution shall not affect the
interest in real property of any third party that was acquired prior
to the recording of the lis pendens, unless the property was obtained
from the defendant other than as a bona fide purchaser for value. If
any assets or property affected by this section are subject to a
valid lien, mortgage, security interest, or interest under a
conditional sales contract and the amount due to the holder of the
lien, mortgage, interest, or contract is less than the appraised
value of the property, that person may pay to the state or the local
government that initiated the proceeding the amount of the difference
between the appraised value of the property and the amount of the
lien, mortgage, security interest, or interest under a conditional
sales contract. Upon that payment, the state or local entity shall
relinquish all claims to the property. If the holder of the interest
elects not to make that payment to the state or local governmental
entity, the interest in the property shall be deemed transferred to
the state or local governmental entity and any indicia of ownership
of the property shall be confirmed in the state or local governmental
entity. The appraised value shall be determined as of the date
judgment is entered either by agreement between the holder of the
lien, mortgage, security interest, or interest under a conditional
sales contract and the governmental entity involved, or if they
cannot agree, then by a court-appointed appraiser for the county in
which the action is brought. A person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract
shall be paid the appraised value of his or her interest.
(3) In making its final order, the court shall seek to protect the
legitimately acquired interests of any innocent third persons,
including an innocent spouse, who were not involved in the commission
of any criminal activity.
(i) In all cases where property is to be levied upon pursuant to
this section, a receiver appointed by the court shall be empowered to
liquidate all property or assets which shall be distributed in the
following order of priority:
(1) To the receiver, or court-appointed appraiser, for all
reasonable expenditures made or incurred by him or her in connection
with the sale of the property or liquidation of assets, including all
reasonable expenditures for any necessary repairs, storage, or
transportation of any property levied upon under this section.
(2) To any holder of a valid lien, mortgage, or security interest
up to the amount of his or her interest in the property or proceeds.
(3) To any victim as restitution for any fraudulent or unlawful
acts alleged in the accusatory pleading that were proven by the
prosecuting agency as part of the pattern of fraudulent or unlawful
acts.
(4) For payment of any fine imposed pursuant to this section. The
proceeds obtained in payment of a fine shall be paid to the treasurer
of the county in which the judgment was entered, or if the action
was undertaken by the Attorney General, to the Treasurer. If the
payment of any fine imposed pursuant to this section involved losses
resulting from violation of Section 550 of this code or Section
1871.4 of the Insurance Code, one-half of the fine collected shall be
paid to the treasurer of the county in which the judgment was
entered, and one-half of the fine collected shall be paid to the
Department of Insurance for deposit in the appropriate account in the
Insurance Fund. The proceeds from the fine first shall be used by a
county to reimburse local prosecutors and enforcement agencies for
the reasonable costs of investigation and prosecution of cases
brought pursuant to this section.
(5) To the Restitution Fund, or in cases involving convictions
relating to insurance fraud, to the Insurance Fund as restitution for
crimes not specifically pleaded and proven in the accusatory
pleading.
(j) If, after distribution pursuant to paragraphs (1) and (2) of
subdivision (i), the value of the property to be levied upon pursuant
to this section is insufficient to pay for restitution and fines,
the court shall order an equitable sharing of the proceeds of the
liquidation of the property, and any other recoveries, which shall
specify the percentage of recoveries to be devoted to each purpose.
At least 70 percent of the proceeds remaining after distribution
pursuant to paragraphs (1) and (2) of subdivision (i) shall be
devoted to restitution.
(k) Unless otherwise expressly provided, the remedies or penalties
provided by this section are cumulative to each other and to the
remedies or penalties available under all other laws of this state,
except that two separate actions against the same defendant and
pertaining to the same fraudulent or unlawful acts may not be brought
by a district attorney or the Attorney General pursuant to this
section and Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code. If a fine is imposed
under this section, it shall be in lieu of all other fines that may
be imposed pursuant to any other provision of law for the crimes for
which the defendant has been convicted in the action.

 

186.12. (a) (1) A felony for purposes of this section means a
felony violation of subdivision (d) or (e) of Section 368, or a
felony violation of subdivision (c) of Section 15656 of the Welfare
and Institutions Code, that involves the taking or loss of more than
one hundred thousand dollars ($100,000).
(2) If a person is charged with a felony as described in paragraph
(1) and an allegation as to the existence of those facts has been
made, any property that is in the control of that person, and any
property that has been transferred by that person to a third party,
subsequent to the commission of any criminal act alleged pursuant to
this subdivision, other than in a bona fide purchase, whether found
within or outside the state, may be preserved by the superior court
in order to pay restitution imposed pursuant to this section. Upon
conviction of the felony, this property may be levied upon by the
superior court to pay restitution imposed pursuant to this section.
(b) (1) To prevent dissipation or secreting of property, the
prosecuting agency may, at the same time as or subsequent to the
filing of a complaint or indictment charging a felony subject to this
section, file a petition with the criminal division of the superior
court of the county in which the accusatory pleading was filed,
seeking a temporary restraining order, preliminary injunction, the
appointment of a receiver, or any other protective relief necessary
to preserve the property. The filing of the petition shall commence a
proceeding that shall be pendent to the criminal proceeding and
maintained solely to affect the criminal remedies provided for in
this section. The proceeding shall not be subject to or governed by
the provisions of the Civil Discovery Act as set forth in Title 4
(commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure. The petition shall allege that the defendant has been
charged with a felony as described in paragraph (1) of subdivision
(a) and shall identify that criminal proceeding and the property to
be affected by an order issued pursuant to this section.
(2) A notice regarding the petition shall be provided, by personal
service or registered mail, to every person who may have an interest
in the property specified in the petition. Additionally, the notice
shall be published for at least three successive weeks in a newspaper
of general circulation in the county where the property affected by
an order issued pursuant to this section is located. The notice shall
state that any interested person may file a verified claim with the
superior court stating the nature and amount of their claimed
interest. The notice shall set forth the time within which a claim of
interest in the protected property is required to be filed.
(3) If the property to be preserved is real property, the
prosecuting agency shall record, at the time of filing the petition,
a lis pendens in each county in which the real property is situated
which specifically identifies the property by legal description, the
name of the owner of record as shown on the latest equalized
assessment roll, and the assessor’s parcel number.
(4) If the property to be preserved are assets under the control
of a banking or financial institution, the prosecuting agency, at the
time of the filing of the petition, may obtain an order from the
court directing the banking or financial institution to immediately
disclose the account numbers and value of the assets of the accused
held by the banking or financial institution. The prosecuting agency
shall file a supplemental petition, specifically identifying which
banking or financial institution accounts shall be subject to a
temporary restraining order, preliminary injunction, or other
protective remedy.
(5) Any person claiming an interest in the protected property may,
at any time within 30 days from the date of the first publication of
the notice of the petition, or within 30 days after receipt of
actual notice, file with the superior court of the county in which
the action is pending a verified claim stating the nature and amount
of his or her interest in the property. A verified copy of the claim
shall be served by the claimant on the Attorney General or district
attorney, as appropriate.
(6) The imposition of restitution pursuant to this section shall
be determined by the superior court in which the underlying criminal
offense is sentenced. Any judge who is assigned to the criminal
division of the superior court in the county where the petition is
filed may issue a temporary restraining order in conjunction with, or
subsequent to, the filing of an allegation pursuant to this section.
Any subsequent hearing on the petition shall also be heard by a
judge assigned to the criminal division of the superior court in the
county in which the petition is filed. At the time of the filing of
an information or indictment in the underlying criminal case, any
subsequent hearing on the petition shall be heard by the superior
court judge assigned to the underlying criminal case.
(c) Concurrent with or subsequent to the filing of the petition
pursuant to this section, the prosecuting agency may move the
superior court for, and the superior court may issue, the following
pendente lite orders to preserve the status quo of the property
identified in the petition:
(1) An injunction to restrain any person from transferring,
encumbering, hypothecating, or otherwise disposing of that property.
(2) Appointment of a receiver to take possession of, care for,
manage, and operate the properties so that the property may be
maintained and preserved. The court may order that a receiver
appointed pursuant to this section shall be compensated for all
reasonable expenditures made or incurred by him or her in connection
with the possession, care, management, and operation of any property
that is subject to this section.
(3) A bond or other undertaking, in lieu of other orders, of a
value sufficient to ensure the satisfaction of restitution imposed
pursuant to this section.
(d) (1) No preliminary injunction may be granted or receiver
appointed by the court without notice that meets the requirements of
paragraph (2) of subdivision (b) to all known and reasonably
ascertainable interested parties and upon a hearing to determine that
an order is necessary to preserve the property pending the outcome
of the criminal proceedings. A temporary restraining order may be
issued by the court, ex parte, pending that hearing in conjunction
with or subsequent to the filing of the petition upon the application
of the prosecuting attorney. The temporary restraining order may be
based upon the sworn declaration of a peace officer with personal
knowledge of the criminal investigation that establishes probable
cause to believe that a felony has taken place and that the amount of
restitution established by this section exceeds or equals the worth
of the property subject to the temporary restraining order. The
declaration may include the hearsay statements of witnesses to
establish the necessary facts. The temporary restraining order may be
issued without notice upon a showing of good cause to the court.
(2) The defendant, or a person who has filed a verified claim as
provided in paragraph (5) of subdivision (b), shall have the right to
have the court conduct an order to show cause hearing within 10 days
of the service of the request for hearing upon the prosecuting
agency, in order to determine whether the temporary restraining order
should remain in effect, whether relief should be granted from any
lis pendens recorded pursuant to paragraph (3) of subdivision (b), or
whether any existing order should be modified in the interests of
justice. Upon a showing of good cause, the hearing shall be held
within two days of the service of the request for hearing upon the
prosecuting agency.
(3) In determining whether to issue a preliminary injunction or
temporary restraining order in a proceeding brought by a prosecuting
agency in conjunction with or subsequent to the filing of an
allegation pursuant to this section, the court has the discretion to
consider any matter that it deems reliable and appropriate, including
hearsay statements, in order to reach a just and equitable decision.
The court shall weigh the relative degree of certainty of the
outcome on the merits and the consequences to each of the parties of
granting the interim relief. If the prosecution is likely to prevail
on the merits and the risk of dissipation of the property outweighs
the potential harm to the defendants and the interested parties, the
court shall grant injunctive relief. The court shall give significant
weight to the following factors:
(A) The public interest in preserving the property pendente lite.
(B) The difficulty of preserving the property pendente lite where
the underlying alleged crimes involve issues of fraud and moral
turpitude.
(C) The fact that the requested relief is being sought by a public
prosecutor on behalf of alleged victims of elder or dependent adult
financial abuse.
(D) The likelihood that substantial public harm has occurred where
a felony is alleged to have been committed.
(E) The significant public interest involved in compensating the
elder or dependent adult victim of financial abuse and paying
court-imposed restitution.
(4) The court, in making its orders, may consider a defendant’s
request for the release of a portion of the property affected by this
section in order to pay reasonable legal fees in connection with the
criminal proceeding, any necessary and appropriate living expenses
pending trial and sentencing, and for the purpose of posting bail.
The court shall weigh the needs of the public to retain the property
against the needs of the defendant to a portion of the property. The
court shall consider the factors listed in paragraph (3) prior to
making any order releasing property for these purposes.
(5) The court, in making its orders, shall seek to protect the
interests of any innocent third persons, including an innocent
spouse, who were not involved in the commission of any criminal
activity.
(6) Any petition filed pursuant to this section shall be part of
the criminal proceedings for purposes of appointment of counsel and
shall be assigned to the criminal division of the superior court of
the county in which the accusatory pleading was filed.
(7) Based upon a noticed motion brought by the receiver appointed
pursuant to paragraph (2) of subdivision (c), the court may order an
interlocutory sale of property identified in the petition when the
property is liable to perish, to waste, or to be significantly
reduced in value, or when the expenses of maintaining the property
are disproportionate to the value thereof. The proceeds of the
interlocutory sale shall be deposited with the court or as directed
by the court pending determination of the proceeding pursuant to this
section.
(8) The court may make any orders that are necessary to preserve
the continuing viability of any lawful business enterprise that is
affected by the issuance of a temporary restraining order or
preliminary injunction issued pursuant to this action.
(9) In making its orders, the court shall seek to prevent any
property subject to a temporary restraining order or preliminary
injunction from perishing, spoiling, going to waste, or otherwise
being significantly reduced in value. Where the potential for
diminution in value exists, the court shall appoint a receiver to
dispose of or otherwise protect the value of the property.
(10) A preservation order shall not be issued against any assets
of a business that are not likely to be dissipated and that may be
subject to levy or attachment to meet the purposes of this section.
(e) If the allegation that the defendant committed a felony
subject to this section is dismissed or found by the trier of fact to
be untrue, any preliminary injunction or temporary restraining order
issued pursuant to this section shall be dissolved. If a jury is the
trier of fact, and the jury is unable to reach a unanimous verdict,
the court shall have the discretion to continue or dissolve all or a
portion of the preliminary injunction or temporary restraining order
based upon the interests of justice. However, if the prosecuting
agency elects not to retry the case, any preliminary injunction or
temporary restraining order issued pursuant to this section shall be
dissolved.
(f) (1) (A) If the defendant is convicted of a felony subject to
this section, the trial judge shall continue the preliminary
injunction or temporary restraining order until the date of the
criminal sentencing and shall make a finding at that time as to what
portion, if any, of the property subject to the preliminary
injunction or temporary restraining order shall be levied upon to pay
restitution to victims of the crime. The order imposing restitution
may exceed the total worth of the property subjected to the
preliminary injunction or temporary restraining order. The court may
order the immediate transfer of the property to satisfy any judgment
and sentence made pursuant to this section. Additionally, upon motion
of the prosecution, the court may enter an order as part of the
judgment and sentence making the order imposing restitution pursuant
to this section enforceable pursuant to Title 9 (commencing with
Section 680.010) of Part 2 of the Code of Civil Procedure.
(B) Additionally, the court shall order the defendant to make full
restitution to the victim or to make restitution to the victim based
on his or her ability to pay, as defined in subdivision (b) of
Section 1203.1b. The payment of the restitution ordered by the court
pursuant to this section shall be made a condition of any probation
granted by the court. Notwithstanding any other provision of law, the
court may order that the period of probation continue for up to 10
years or until full restitution is made to the victim, whichever is
earlier.
(C) The sentencing court shall retain jurisdiction to enforce the
order to pay additional restitution and, in appropriate cases, may
initiate probation violation proceedings or contempt of court
proceedings against a defendant who is found to have willfully failed
to comply with any lawful order of the court.
(D) If the execution of judgment is stayed pending an appeal of an
order of the superior court pursuant to this section, the
preliminary injunction or temporary restraining order shall be
maintained in full force and effect during the pendency of the
appellate period.
(2) The order imposing restitution shall not affect the interest
in real property of any third party that was acquired prior to the
recording of the lis pendens, unless the property was obtained from
the defendant other than as a bona fide purchaser for value. If any
assets or property affected by this section are subject to a valid
lien, mortgage, security interest, or interest under a conditional
sales contract and the amount due to the holder of the lien,
mortgage, interest, or contract is less than the appraised value of
the property, that person may pay to the state or the local
government that initiated the proceeding the amount of the difference
between the appraised value of the property and the amount of the
lien, mortgage, security interest, or interest under a conditional
sales contract. Upon that payment, the state or local entity shall
relinquish all claims to the property. If the holder of the interest
elects not to make that payment to the state or local governmental
entity, the interest in the property shall be deemed transferred to
the state or local governmental entity and any indicia of ownership
of the property shall be confirmed in the state or local governmental
entity. The appraised value shall be determined as of the date
judgment is entered either by agreement between the holder of the
lien, mortgage, security interest, or interest under a conditional
sales contract and the governmental entity involved, or if they
cannot agree, then by a court-appointed appraiser for the county in
which the action is brought. A person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract
shall be paid the appraised value of his or her interest.
(3) In making its final order, the court shall seek to protect the
legitimately acquired interests of any innocent third persons,
including an innocent spouse, who were not involved in the commission
of any criminal activity.
(g) In all cases where property is to be levied upon pursuant to
this section, a receiver appointed by the court shall be empowered to
liquidate all property, the proceeds of which shall be distributed
in the following order of priority:
(1) To the receiver, or court-appointed appraiser, for all
reasonable expenditures made or incurred by him or her in connection
with the sale or liquidation of the property, including all
reasonable expenditures for any necessary repairs, storage, or
transportation of any property levied upon under this section.
(2) To any holder of a valid lien, mortgage, or security interest
up to the amount of his or her interest in the property or proceeds.
(3) To any victim as restitution for any fraudulent or unlawful
acts alleged in the accusatory pleading that were proven by the
prosecuting agency as part of the pattern of fraudulent or unlawful
acts.
(h) Unless otherwise expressly provided, the remedies or penalties
provided by this section are cumulative to each other and to the
remedies or penalties available under all other laws of this state,
except that two separate actions against the same defendant and
pertaining to the same fraudulent or unlawful acts may not be brought
by a district attorney or the Attorney General pursuant to this
section and Chapter 5 (commencing with Section 17200) of Part 2 of
Division 7 of the Business and Professions Code.

PENAL CODE
SECTION 186.20-186.34

 

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

 

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

 

186.22. (a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.
(b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
(A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court’s discretion.
(B) If the felony is a serious felony, as defined in subdivision
(c) of Section 1192.7, the person shall be punished by an additional
term of five years.
(C) If the felony is a violent felony, as defined in subdivision
(c) of Section 667.5, the person shall be punished by an additional
term of 10 years.
(2) If the underlying felony described in paragraph (1) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term under
paragraph (1).
(3) The court shall select the sentence enhancement which, in the
court’s discretion, best serves the interests of justice and shall
state the reasons for its choice on the record at the time of the
sentencing in accordance with the provisions of subdivision (d) of
Section 1170.1.
(4) Any person who is convicted of a felony enumerated in this
paragraph committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific intent
to promote, further, or assist in any criminal conduct by gang
members, shall, upon conviction of that felony, be sentenced to an
indeterminate term of life imprisonment with a minimum term of the
indeterminate sentence calculated as the greater of:
(A) The term determined by the court pursuant to Section 1170 for
the underlying conviction, including any enhancement applicable under
Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or
any period prescribed by Section 3046, if the felony is any of the
offenses enumerated in subparagraph (B) or (C) of this paragraph.
(B) Imprisonment in the state prison for 15 years, if the felony
is a home invasion robbery, in violation of subparagraph (A) of
paragraph (1) of subdivision (a) of Section 213; carjacking, as
defined in Section 215; a felony violation of Section 246; or a
violation of Section 12022.55.
(C) Imprisonment in the state prison for seven years, if the
felony is extortion, as defined in Section 519; or threats to victims
and witnesses, as defined in Section 136.1.
(5) Except as provided in paragraph (4), any person who violates
this subdivision in the commission of a felony punishable by
imprisonment in the state prison for life shall not be paroled until
a minimum of 15 calendar years have been served.
(c) If the court grants probation or suspends the execution of
sentence imposed upon the defendant for a violation of subdivision
(a), or in cases involving a true finding of the enhancement
enumerated in subdivision (b), the court shall require that the
defendant serve a minimum of 180 days in a county jail as a condition
thereof.
(d) Any person who is convicted of a public offense punishable as
a felony or a misdemeanor, which is committed for the benefit of, at
the direction of, or in association with any criminal street gang,
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall be punished by imprisonment
in a county jail not to exceed one year, or by imprisonment in a
state prison for one, two, or three years, provided that any person
sentenced to imprisonment in the county jail shall be imprisoned for
a period not to exceed one year, but not less than 180 days, and
shall not be eligible for release upon completion of sentence,
parole, or any other basis, until he or she has served 180 days. If
the court grants probation or suspends the execution of sentence
imposed upon the defendant, it shall require as a condition thereof
that the defendant serve 180 days in a county jail.
(e) As used in this chapter, “pattern of criminal gang activity”
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
(1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
(2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
(3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
(4) The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to manufacture controlled substances as
defined in Sections 11054, 11055, 11056, 11057, and 11058 of the
Health and Safety Code.
(5) Shooting at an inhabited dwelling or occupied motor vehicle,
as defined in Section 246.
(6) Discharging or permitting the discharge of a firearm from a
motor vehicle, as defined in subdivisions (a) and (b) of Section
12034 until January 1, 2012, and, on or after that date, subdivisions
(a) and (b) of Section 26100.
(7) Arson, as defined in Chapter 1 (commencing with Section 450)
of Title 13.
(8) The intimidation of witnesses and victims, as defined in
Section 136.1.
(9) Grand theft, as defined in subdivision (a) or (c) of Section
487.
(10) Grand theft of any firearm, vehicle, trailer, or vessel.
(11) Burglary, as defined in Section 459.
(12) Rape, as defined in Section 261.
(13) Looting, as defined in Section 463.
(14) Money laundering, as defined in Section 186.10.
(15) Kidnapping, as defined in Section 207.
(16) Mayhem, as defined in Section 203.
(17) Aggravated mayhem, as defined in Section 205.
(18) Torture, as defined in Section 206.
(19) Felony extortion, as defined in Sections 518 and 520.
(20) Felony vandalism, as defined in paragraph (1) of subdivision
(b) of Section 594.
(21) Carjacking, as defined in Section 215.
(22) The sale, delivery, or transfer of a firearm, as defined in
Section 12072 until January 1, 2012, and, on or after that date,
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6.
(23) Possession of a pistol, revolver, or other firearm capable of
being concealed upon the person in violation of paragraph (1) of
subdivision (a) of Section 12101 until January 1, 2012, and, on or
after that date, Section 29610.
(24) Threats to commit crimes resulting in death or great bodily
injury, as defined in Section 422.
(25) Theft and unlawful taking or driving of a vehicle, as defined
in Section 10851 of the Vehicle Code.
(26) Felony theft of an access card or account information, as
defined in Section 484e.
(27) Counterfeiting, designing, using, or attempting to use an
access card, as defined in Section 484f.
(28) Felony fraudulent use of an access card or account
information, as defined in Section 484g.
(29) Unlawful use of personal identifying information to obtain
credit, goods, services, or medical information, as defined in
Section 530.5.
(30) Wrongfully obtaining Department of Motor Vehicles
documentation, as defined in Section 529.7.
(31) Prohibited possession of a firearm in violation of Section
12021 until January 1, 2012, and on or after that date, Chapter 2
(commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(32) Carrying a concealed firearm in violation of Section 12025
until January 1, 2012, and, on or after that date, Section 25400.
(33) Carrying a loaded firearm in violation of Section 12031 until
January 1, 2012, and, on or after that date, Section 25850.
(f) As used in this chapter, “criminal street gang” means any
ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities
the commission of one or more of the criminal acts enumerated in
paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of
subdivision (e), having a common name or common identifying sign or
symbol, and whose members individually or collectively engage in or
have engaged in a pattern of criminal gang activity.
(g) Notwithstanding any other law, the court may strike the
additional punishment for the enhancements provided in this section
or refuse to impose the minimum jail sentence for misdemeanors in an
unusual case where the interests of justice would best be served, if
the court specifies on the record and enters into the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.
(h) Notwithstanding any other provision of law, for each person
committed to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities for a conviction pursuant to
subdivision (a) or (b) of this section, the offense shall be deemed
one for which the state shall pay the rate of 100 percent of the per
capita institutional cost of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, pursuant to Section
912.5 of the Welfare and Institutions Code.
(i) In order to secure a conviction or sustain a juvenile
petition, pursuant to subdivision (a) it is not necessary for the
prosecution to prove that the person devotes all, or a substantial
part, of his or her time or efforts to the criminal street gang, nor
is it necessary to prove that the person is a member of the criminal
street gang. Active participation in the criminal street gang is all
that is required.
(j) A pattern of gang activity may be shown by the commission of
one or more of the offenses enumerated in paragraphs (26) to (30),
inclusive, of subdivision (e), and the commission of one or more of
the offenses enumerated in paragraphs (1) to (25), inclusive, or (31)
to (33), inclusive, of subdivision (e). A pattern of gang activity
cannot be established solely by proof of commission of offenses
enumerated in paragraphs (26) to (30), inclusive, of subdivision (e),
alone.
(k) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.

 

186.22. (a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.
(b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
(A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court’s discretion.
(B) If the felony is a serious felony, as defined in subdivision
(c) of Section 1192.7, the person shall be punished by an additional
term of five years.
(C) If the felony is a violent felony, as defined in subdivision
(c) of Section 667.5, the person shall be punished by an additional
term of 10 years.
(2) If the underlying felony described in paragraph (1) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term under
paragraph (1).
(3) The court shall order the imposition of the middle term of the
sentence enhancement, unless there are circumstances in aggravation
or mitigation. The court shall state the reasons for its choice of
sentencing enhancements on the record at the time of the sentencing.
(4) Any person who is convicted of a felony enumerated in this
paragraph committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific intent
to promote, further, or assist in any criminal conduct by gang
members, shall, upon conviction of that felony, be sentenced to an
indeterminate term of life imprisonment with a minimum term of the
indeterminate sentence calculated as the greater of:
(A) The term determined by the court pursuant to Section 1170 for
the underlying conviction, including any enhancement applicable under
Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or
any period prescribed by Section 3046, if the felony is any of the
offenses enumerated in subparagraph (B) or (C) of this paragraph.
(B) Imprisonment in the state prison for 15 years, if the felony
is a home invasion robbery, in violation of subparagraph (A) of
paragraph (1) of subdivision (a) of Section 213; carjacking, as
defined in Section 215; a felony violation of Section 246; or a
violation of Section 12022.55.
(C) Imprisonment in the state prison for seven years, if the
felony is extortion, as defined in Section 519; or threats to victims
and witnesses, as defined in Section 136.1.
(5) Except as provided in paragraph (4), any person who violates
this subdivision in the commission of a felony punishable by
imprisonment in the state prison for life shall not be paroled until
a minimum of 15 calendar years have been served.
(c) If the court grants probation or suspends the execution of
sentence imposed upon the defendant for a violation of subdivision
(a), or in cases involving a true finding of the enhancement
enumerated in subdivision (b), the court shall require that the
defendant serve a minimum of 180 days in a county jail as a condition
thereof.
(d) Any person who is convicted of a public offense punishable as
a felony or a misdemeanor, which is committed for the benefit of, at
the direction of, or in association with any criminal street gang,
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall be punished by imprisonment
in a county jail not to exceed one year, or by imprisonment in a
state prison for one, two, or three years, provided that any person
sentenced to imprisonment in the county jail shall be imprisoned for
a period not to exceed one year, but not less than 180 days, and
shall not be eligible for release upon completion of sentence,
parole, or any other basis, until he or she has served 180 days. If
the court grants probation or suspends the execution of sentence
imposed upon the defendant, it shall require as a condition thereof
that the defendant serve 180 days in a county jail.
(e) As used in this chapter, “pattern of criminal gang activity”
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
(1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
(2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
(3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
(4) The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to manufacture controlled substances as
defined in Sections 11054, 11055, 11056, 11057, and 11058 of the
Health and Safety Code.
(5) Shooting at an inhabited dwelling or occupied motor vehicle,
as defined in Section 246.
(6) Discharging or permitting the discharge of a firearm from a
motor vehicle, as defined in subdivisions (a) and (b) of Section
12034 until January 1, 2012, and, on or after that date, subdivisions
(a) and (b) of Section 26100.
(7) Arson, as defined in Chapter 1 (commencing with Section 450)
of Title 13.
(8) The intimidation of witnesses and victims, as defined in
Section 136.1.
(9) Grand theft, as defined in subdivision (a) or (c) of Section
487.
(10) Grand theft of any firearm, vehicle, trailer, or vessel.
(11) Burglary, as defined in Section 459.
(12) Rape, as defined in Section 261.
(13) Looting, as defined in Section 463.
(14) Money laundering, as defined in Section 186.10.
(15) Kidnapping, as defined in Section 207.
(16) Mayhem, as defined in Section 203.
(17) Aggravated mayhem, as defined in Section 205.
(18) Torture, as defined in Section 206.
(19) Felony extortion, as defined in Sections 518 and 520.
(20) Felony vandalism, as defined in paragraph (1) of subdivision
(b) of Section 594.
(21) Carjacking, as defined in Section 215.
(22) The sale, delivery, or transfer of a firearm, as defined in
Section 12072 until January 1, 2012, and, on or after that date,
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6.
(23) Possession of a pistol, revolver, or other firearm capable of
being concealed upon the person in violation of paragraph (1) of
subdivision (a) of Section 12101 until January 1, 2012, and, on or
after that date, Section 29610.
(24) Threats to commit crimes resulting in death or great bodily
injury, as defined in Section 422.
(25) Theft and unlawful taking or driving of a vehicle, as defined
in Section 10851 of the Vehicle Code.
(26) Felony theft of an access card or account information, as
defined in Section 484e.
(27) Counterfeiting, designing, using, or attempting to use an
access card, as defined in Section 484f.
(28) Felony fraudulent use of an access card or account
information, as defined in Section 484g.
(29) Unlawful use of personal identifying information to obtain
credit, goods, services, or medical information, as defined in
Section 530.5.
(30) Wrongfully obtaining Department of Motor Vehicles
documentation, as defined in Section 529.7.
(31) Prohibited possession of a firearm in violation of Section
12021 until January 1, 2012, and, on or after that date, Chapter 2
(commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(32) Carrying a concealed firearm in violation of Section 12025
until January 1, 2012, and, on or after that date, Section 25400.
(33) Carrying a loaded firearm in violation of Section 12031 until
January 1, 2012, and, on or after that date, Section 25850.
(f) As used in this chapter, “criminal street gang” means any
ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities
the commission of one or more of the criminal acts enumerated in
paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of
subdivision (e), having a common name or common identifying sign or
symbol, and whose members individually or collectively engage in or
have engaged in a pattern of criminal gang activity.
(g) Notwithstanding any other law, the court may strike the
additional punishment for the enhancements provided in this section
or refuse to impose the minimum jail sentence for misdemeanors in an
unusual case where the interests of justice would best be served, if
the court specifies on the record and enters into the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.
(h) Notwithstanding any other provision of law, for each person
committed to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities for a conviction pursuant to
subdivision (a) or (b) of this section, the offense shall be deemed
one for which the state shall pay the rate of 100 percent of the per
capita institutional cost of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, pursuant to Section
912.5 of the Welfare and Institutions Code.
(i) In order to secure a conviction or sustain a juvenile
petition, pursuant to subdivision (a) it is not necessary for the
prosecution to prove that the person devotes all, or a substantial
part, of his or her time or efforts to the criminal street gang, nor
is it necessary to prove that the person is a member of the criminal
street gang. Active participation in the criminal street gang is all
that is required.
(j) A pattern of gang activity may be shown by the commission of
one or more of the offenses enumerated in paragraphs (26) to (30),
inclusive, of subdivision (e), and the commission of one or more of
the offenses enumerated in paragraphs (1) to (25), inclusive, or (31)
to (33), inclusive, of subdivision (e). A pattern of gang activity
cannot be established solely by proof of commission of offenses
enumerated in paragraphs (26) to (30), inclusive, of subdivision (e),
alone.
(k) This section shall become operative on January 1, 2017.
186.22a. (a) Every building or place used by members of a criminal
street gang for the purpose of the commission of the offenses listed
in subdivision (e) of Section 186.22 or any offense involving
dangerous or deadly weapons, burglary, or rape, and every building or
place wherein or upon which that criminal conduct by gang members
takes place, is a nuisance which shall be enjoined, abated, and
prevented, and for which damages may be recovered, whether it is a
public or private nuisance.
(b) Any action for injunction or abatement filed pursuant to
subdivision (a), including an action filed by the Attorney General,
shall proceed according to the provisions of Article 3 (commencing
with Section 11570) of Chapter 10 of Division 10 of the Health and
Safety Code, except that all of the following shall apply:
(1) The court shall not assess a civil penalty against any person
unless that person knew or should have known of the unlawful acts.
(2) No order of eviction or closure may be entered.
(3) All injunctions issued shall be limited to those necessary to
protect the health and safety of the residents or the public or those
necessary to prevent further criminal activity.
(4) Suit may not be filed until 30-day notice of the unlawful use
or criminal conduct has been provided to the owner by mail, return
receipt requested, postage prepaid, to the last known address.
(c) Whenever an injunction is issued pursuant to subdivision (a),
or Section 3479 of the Civil Code, to abate gang activity
constituting a nuisance, the Attorney General or any district
attorney or any prosecuting city attorney may maintain an action for
money damages on behalf of the community or neighborhood injured by
that nuisance. Any money damages awarded shall be paid by or
collected from assets of the criminal street gang or its members.
Only members of the criminal street gang who created, maintained, or
contributed to the creation or maintenance of the nuisance shall be
personally liable for the payment of the damages awarded. In a civil
action for damages brought pursuant to this subdivision, the Attorney
General, district attorney, or city attorney may use, but is not
limited to the use of, the testimony of experts to establish damages
suffered by the community or neighborhood injured by the nuisance.
The damages recovered pursuant to this subdivision shall be deposited
into a separate segregated fund for payment to the governing body of
the city or county in whose political subdivision the community or
neighborhood is located, and that governing body shall use those
assets solely for the benefit of the community or neighborhood that
has been injured by the nuisance.
(d) No nonprofit or charitable organization which is conducting
its affairs with ordinary care or skill, and no governmental entity,
shall be abated pursuant to subdivisions (a) and (b).
(e) Nothing in this chapter shall preclude any aggrieved person
from seeking any other remedy provided by law.
(f) (1) Any firearm, ammunition which may be used with the
firearm, or any deadly or dangerous weapon which is owned or
possessed by a member of a criminal street gang for the purpose of
the commission of any of the offenses listed in subdivision (e) of
Section 186.22, or the commission of any burglary or rape, may be
confiscated by any law enforcement agency or peace officer.
(2) In those cases where a law enforcement agency believes that
the return of the firearm, ammunition, or deadly weapon confiscated
pursuant to this subdivision, is or will be used in criminal street
gang activity or that the return of the item would be likely to
result in endangering the safety of others, the law enforcement
agency shall initiate a petition in the superior court to determine
if the item confiscated should be returned or declared a nuisance.
(3) No firearm, ammunition, or deadly weapon shall be sold or
destroyed unless reasonable notice is given to its lawful owner if
his or her identity and address can be reasonably ascertained. The
law enforcement agency shall inform the lawful owner, at that person’
s last known address by registered mail, that he or she has 30 days
from the date of receipt of the notice to respond to the court clerk
to confirm his or her desire for a hearing and that the failure to
respond shall result in a default order forfeiting the confiscated
firearm, ammunition, or deadly weapon as a nuisance.
(4) If the person requests a hearing, the court clerk shall set a
hearing no later than 30 days from receipt of that request. The court
clerk shall notify the person, the law enforcement agency involved,
and the district attorney of the date, time, and place of the
hearing.
(5) At the hearing, the burden of proof is upon the law
enforcement agency or peace officer to show by a preponderance of the
evidence that the seized item is or will be used in criminal street
gang activity or that return of the item would be likely to result in
endangering the safety of others. All returns of firearms shall be
subject to Chapter 2 (commencing with Section 33850) of Division 11
of Title 4 of Part 6.
(6) If the person does not request a hearing within 30 days of the
notice or the lawful owner cannot be ascertained, the law
enforcement agency may file a petition that the confiscated firearm,
ammunition, or deadly weapon be declared a nuisance. If the items are
declared to be a nuisance, the law enforcement agency shall dispose
of the items as provided in Sections 18000 and 18005.
186.23. This chapter does not apply to employees engaged in
concerted activities for their mutual aid and protection, or the
activities of labor organizations or their members or agents.

 

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

 

186.25. Nothing in this chapter shall prevent a local governing
body from adopting and enforcing laws consistent with this chapter
relating to gangs and gang violence. Where local laws duplicate or
supplement this chapter, this chapter shall be construed as providing
alternative remedies and not as preempting the field.
186.26. (a) Any person who solicits or recruits another to actively
participate in a criminal street gang, as defined in subdivision (f)
of Section 186.22, with the intent that the person solicited or
recruited participate in a pattern of criminal street gang activity,
as defined in subdivision (e) of Section 186.22, or with the intent
that the person solicited or recruited promote, further, or assist in
any felonious conduct by members of the criminal street gang, shall
be punished by imprisonment in the state prison for 16 months, or two
or three years.
(b) Any person who threatens another person with physical violence
on two or more separate occasions within any 30-day period with the
intent to coerce, induce, or solicit any person to actively
participate in a criminal street gang, as defined in subdivision (f)
of Section 186.22, shall be punished by imprisonment in the state
prison for two, three, or four years.
(c) Any person who uses physical violence to coerce, induce, or
solicit another person to actively participate in any criminal street
gang, as defined in subdivision (f) of Section 186.22, or to prevent
the person from leaving a criminal street gang, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) If the person solicited, recruited, coerced, or threatened
pursuant to subdivision (a), (b), or (c) is a minor, an additional
term of three years shall be imposed in addition and consecutive to
the penalty prescribed for a violation of any of these subdivisions.
(e) Nothing in this section shall be construed to limit
prosecution under any other provision of law.

 

186.28. (a) Any person, corporation, or firm who shall knowingly
supply, sell, or give possession or control of any firearm to another
shall be punished by imprisonment pursuant to subdivision (h) of
Section 1170, or in a county jail for a term not exceeding one year,
or by a fine not exceeding one thousand dollars ($1,000), or by both
that fine and imprisonment if all of the following apply:
(1) The person, corporation, or firm has actual knowledge that the
person will use the firearm to commit a felony described in
subdivision (e) of Section 186.22, while actively participating in
any criminal street gang, as defined in subdivision (f) of Section
186.22, the members of which engage in a pattern of criminal
activity, as defined in subdivision (e) of Section 186.22.
(2) The firearm is used to commit the felony.
(3) A conviction for the felony violation under subdivision (e) of
Section 186.22 has first been obtained of the person to whom the
firearm was supplied, sold, or given possession or control pursuant
to this section.
(b) This section shall only be applicable where the person is not
convicted as a principal to the felony offense committed by the
person to whom the firearm was supplied, sold, or given possession or
control pursuant to this section.
186.30. (a) Any person described in subdivision (b) shall register
with the chief of police of the city in which he or she resides, or
the sheriff of the county if he or she resides in an unincorporated
area, within 10 days of release from custody or within 10 days of his
or her arrival in any city, county, or city and county to reside
there, whichever occurs first.
(b) Subdivision (a) shall apply to any person convicted in a
criminal court or who has had a petition sustained in a juvenile
court in this state for any of the following offenses:
(1) Subdivision (a) of Section 186.22.
(2) Any crime where the enhancement specified in subdivision (b)
of Section 186.22 is found to be true.
(3) Any crime that the court finds is gang related at the time of
sentencing or disposition.
186.31. At the time of sentencing in adult court, or at the time of
the dispositional hearing in the juvenile court, the court shall
inform any person subject to Section 186.30 of his or her duty to
register pursuant to that section. This advisement shall be noted in
the court minute order. The court clerk shall send a copy of the
minute order to the law enforcement agency with jurisdiction for the
last known address of the person subject to registration under
Section 186.30. The parole officer or the probation officer assigned
to that person shall verify that he or she has complied with the
registration requirements of Section 186.30.
186.32. (a) The registration required by Section 186.30 shall
consist of the following:
(1) Juvenile registration shall include the following:
(A) The juvenile shall appear at the law enforcement agency with a
parent or guardian.
(B) The law enforcement agency shall serve the juvenile and the
parent with a California Street Terrorism Enforcement and Prevention
Act notification which shall include, where applicable, that the
juvenile belongs to a gang whose members engage in or have engaged in
a pattern of criminal gang activity as described in subdivision (e)
of Section 186.22.
(C) A written statement signed by the juvenile, giving any
information that may be required by the law enforcement agency, shall
be submitted to the law enforcement agency.
(D) The fingerprints and current photograph of the juvenile shall
be submitted to the law enforcement agency.
(2) Adult registration shall include the following:
(A) The adult shall appear at the law enforcement agency.
(B) The law enforcement agency shall serve the adult with a
California Street Terrorism Enforcement and Prevention Act
notification which shall include, where applicable, that the adult
belongs to a gang whose members engage in or have engaged in a
pattern of criminal gang activity as described in subdivision (e) of
Section 186.22.
(C) A written statement, signed by the adult, giving any
information that may be required by the law enforcement agency, shall
be submitted to the law enforcement agency.
(D) The fingerprints and current photograph of the adult shall be
submitted to the law enforcement agency.
(b) Within 10 days of changing his or her residence address, any
person subject to Section 186.30 shall inform, in writing, the law
enforcement agency with whom he or she last registered of his or her
new address. If his or her new residence address is located within
the jurisdiction of a law enforcement agency other than the agency
where he or she last registered, he or she shall register with the
new law enforcement agency, in writing, within 10 days of the change
of residence.
(c) All registration requirements set forth in this article shall
terminate five years after the last imposition of a registration
requirement pursuant to Section 186.30.
(d) The statements, photographs and fingerprints required under
this section shall not be open to inspection by any person other than
a regularly employed peace or other law enforcement officer.
(e) Nothing in this section or Section 186.30 or 186.31 shall
preclude a court in its discretion from imposing the registration
requirements as set forth in those sections in a gang-related crime.

 

186.33. (a) Any person required to register pursuant to Section
186.30 who knowingly violates any of its provisions is guilty of a
misdemeanor.
(b) (1) Any person who knowingly fails to register pursuant to
Section 186.30 and is subsequently convicted of, or any person for
whom a petition is subsequently sustained for a violation of, any of
the offenses specified in Section 186.30, shall be punished by an
additional term of imprisonment in the state prison for 16 months, or
two or three years. The court shall select the sentence enhancement
which, in the court’s discretion, best serves the interests of
justice and shall state the reasons for its choice on the record at
the time of sentencing in accordance with the provisions of
subdivision (d) of Section 1170.1.
(2) The existence of any fact bringing a person under this
subdivision shall be alleged in the information, indictment, or
petition, and be either admitted by the defendant or minor in open
court, or found to be true or not true by the trier of fact.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.

 

186.33. (a) Any person required to register pursuant to Section
186.30 who knowingly violates any of its provisions is guilty of a
misdemeanor.
(b) (1) Any person who knowingly fails to register pursuant to
Section 186.30 and is subsequently convicted of, or any person for
whom a petition is subsequently sustained for a violation of, any of
the offenses specified in Section 186.30, shall be punished by an
additional term of imprisonment in the state prison for 16 months, or
two or three years. The court shall order imposition of the middle
term unless there are circumstances in aggravation or mitigation. The
court shall state its reasons for the enhancement choice on the
record at the time of sentencing.
(2) The existence of any fact bringing a person under this
subdivision shall be alleged in the information, indictment, or
petition, and be either admitted by the defendant or minor in open
court, or found to be true or not true by the trier of fact.
(c) This section shall become operative on January 1, 2017.

 

186.34. (a) (1) For purposes of this section, “shared gang database”
shall mean any database that satisfies all of the following:
(A) Allows access for any local law enforcement agency.
(B) Contains personal, identifying information in which a person
may be designated as a suspected gang member, associate, or
affiliate, or for which entry of a person in the database reflects a
designation of that person as a suspected gang member, associate, or
affiliate.
(C) Is subject to Part 23 of Title 28 of the Code of Federal
Regulations. If federal funding is no longer available to a database
through the federal Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. Sec. 3711 et seq.), a database shall not have to
satisfy this subparagraph to meet the definition of a “shared gang
database.”
(2) A “shared gang database” does not include dispatch operator
reports, information used for the administration of jail or custodial
facilities, criminal investigative reports, probation reports, or
information required to be collected pursuant to Section 186.30.
(b) To the extent a local law enforcement agency elects to utilize
a shared gang database, as defined in subdivision (a), prior to a
local law enforcement agency designating a person as a suspected gang
member, associate, or affiliate in a shared gang database, or
submitting a document to the Attorney General’s office for the
purpose of designating a person in a shared gang database, or
otherwise identifying the person in a shared gang database, the local
law enforcement agency shall, if the person is under 18 years of
age, provide written notice to the person and his or her parent or
guardian of the designation and the basis for the designation, unless
providing that notification would compromise an active criminal
investigation or compromise the health or safety of the minor.
(c) Subsequent to the notice described in subdivision (b), the
person to be designated as a suspected gang member, associate, or
affiliate, or his or her parent or guardian, may submit written
documentation to the local law enforcement agency contesting the
designation. The local law enforcement agency shall review the
documentation, and if the agency determines that the person is not a
suspected gang member, associate, or affiliate, the agency shall
remove the person from the shared gang database. The local law
enforcement agency shall provide the person and his or her parent or
guardian with written verification of the agency’s decision within 60
days of submission of the written documentation contesting the
designation.
(d) The person to be designated as a suspected gang member,
associate, or affiliate, or his or her parent or guardian, shall be
able to request information as to whether the person has been
designated as a suspected gang member, associate, or affiliate, and
the local law enforcement agency shall provide that information,
unless doing so would compromise an active criminal investigation or
compromise the health or safety of the minor.
(e) The local law enforcement agency shall not disclose the
location of the person to be designated as a suspected gang member,
associate, or affiliate to his or her parent or guardian if the
agency determines there is credible evidence that the information
would endanger the health or safety of the minor.
(f) A shared gang database, as defined in this section, shall
retain records related to the gang activity of the individuals in the
database consistent with the provisions contained in Section 23.20
(h) of Title 28 of the Code of Federal Regulations.
(g) Nothing in this section shall require a local law enforcement
agency to disclose any information protected under Section 1040 or
1041 of the Evidence Code or Section 6254 of the Government Code.

TITLE 8. OF CRIMES AGAINST THE PERSON

PENAL CODE
SECTION 187-199

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

 

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

189. All murder which is perpetrated by means of a destructive
device or explosive, a weapon of mass destruction, knowing use of
ammunition designed primarily to penetrate metal or armor, poison,
lying in wait, torture, or by any other kind of willful, deliberate,
and premeditated killing, or which is committed in the perpetration
of, or attempt to perpetrate, arson, rape, carjacking, robbery,
burglary, mayhem, kidnapping, train wrecking, or any act punishable
under Section 206, 286, 288, 288a, or 289, or any murder which is
perpetrated by means of discharging a firearm from a motor vehicle,
intentionally at another person outside of the vehicle with the
intent to inflict death, is murder of the first degree. All other
kinds of murders are of the second degree.
As used in this section, “destructive device” means any
destructive device as defined in Section 16460, and “explosive” means
any explosive as defined in Section 12000 of the Health and Safety
Code.
As used in this section, “weapon of mass destruction” means any
item defined in Section 11417.
To prove the killing was “deliberate and premeditated,” it shall
not be necessary to prove the defendant maturely and meaningfully
reflected upon the gravity of his or her act.

189.5. (a) Upon a trial for murder, the commission of the homicide
by the defendant being proved, the burden of proving circumstances of
mitigation, or that justify or excuse it, devolves upon the
defendant, unless the proof on the part of the prosecution tends to
show that the crime committed only amounts to manslaughter, or that
the defendant was justifiable or excusable.
(b) Nothing in this section shall apply to or affect any
proceeding under Section 190.3 or 190.4.
190. (a) Every person guilty of murder in the first degree shall be
punished by death, imprisonment in the state prison for life without
the possibility of parole, or imprisonment in the state prison for a
term of 25 years to life. The penalty to be applied shall be
determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and
190.5.
Except as provided in subdivision (b), (c), or (d), every person
guilty of murder in the second degree shall be punished by
imprisonment in the state prison for a term of 15 years to life.
(b) Except as provided in subdivision (c), every person guilty of
murder in the second degree shall be punished by imprisonment in the
state prison for a term of 25 years to life if the victim was a peace
officer, as defined in subdivision (a) of Section 830.1, subdivision
(a), (b), or (c) of Section 830.2, subdivision (a) of Section
830.33, or Section 830.5, who was killed while engaged in the
performance of his or her duties, and the defendant knew, or
reasonably should have known, that the victim was a peace officer
engaged in the performance of his or her duties.
(c) Every person guilty of murder in the second degree shall be
punished by imprisonment in the state prison for a term of life
without the possibility of parole if the victim was a peace officer,
as defined in subdivision (a) of Section 830.1, subdivision (a), (b),
or (c) of Section 830.2, subdivision (a) of Section 830.33, or
Section 830.5, who was killed while engaged in the performance of his
or her duties, and the defendant knew, or reasonably should have
known, that the victim was a peace officer engaged in the performance
of his or her duties, and any of the following facts has been
charged and found true:
(1) The defendant specifically intended to kill the peace officer.
(2) The defendant specifically intended to inflict great bodily
injury, as defined in Section 12022.7, on a peace officer.
(3) The defendant personally used a dangerous or deadly weapon in
the commission of the offense, in violation of subdivision (b) of
Section 12022.
(4) The defendant personally used a firearm in the commission of
the offense, in violation of Section 12022.5.
(d) Every person guilty of murder in the second degree shall be
punished by imprisonment in the state prison for a term of 20 years
to life if the killing was perpetrated by means of shooting a firearm
from a motor vehicle, intentionally at another person outside of the
vehicle with the intent to inflict great bodily injury.
(e) Article 2.5 (commencing with Section 2930) of Chapter 7 of
Title 1 of Part 3 shall not apply to reduce any minimum term of a
sentence imposed pursuant to this section. A person sentenced
pursuant to this section shall not be released on parole prior to
serving the minimum term of confinement prescribed by this section.

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

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

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

 

190.2. (a) The penalty for a defendant who is found guilty of
murder in the first degree is death or imprisonment in the state
prison for life without the possibility of parole if one or more of
the following special circumstances has been found under Section
190.4 to be true:
(1) The murder was intentional and carried out for financial gain.
(2) The defendant was convicted previously of murder in the first
or second degree. For the purpose of this paragraph, an offense
committed in another jurisdiction, which if committed in California
would be punishable as first or second degree murder, shall be deemed
murder in the first or second degree.
(3) The defendant, in this proceeding, has been convicted of more
than one offense of murder in the first or second degree.
(4) The murder was committed by means of a destructive device,
bomb, or explosive planted, hidden, or concealed in any place, area,
dwelling, building, or structure, and the defendant knew, or
reasonably should have known, that his or her act or acts would
create a great risk of death to one or more human beings.
(5) The murder was committed for the purpose of avoiding or
preventing a lawful arrest, or perfecting or attempting to perfect,
an escape from lawful custody.
(6) The murder was committed by means of a destructive device,
bomb, or explosive that the defendant mailed or delivered, attempted
to mail or deliver, or caused to be mailed or delivered, and the
defendant knew, or reasonably should have known, that his or her act
or acts would create a great risk of death to one or more human
beings.
(7) The victim was a peace officer, as defined in Section 830.1,
830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37,
830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who, while engaged
in the course of the performance of his or her duties, was
intentionally killed, and the defendant knew, or reasonably should
have known, that the victim was a peace officer engaged in the
performance of his or her duties; or the victim was a peace officer,
as defined in the above-enumerated sections, or a former peace
officer under any of those sections, and was intentionally killed in
retaliation for the performance of his or her official duties.
(8) The victim was a federal law enforcement officer or agent who,
while engaged in the course of the performance of his or her duties,
was intentionally killed, and the defendant knew, or reasonably
should have known, that the victim was a federal law enforcement
officer or agent engaged in the performance of his or her duties; or
the victim was a federal law enforcement officer or agent, and was
intentionally killed in retaliation for the performance of his or her
official duties.
(9) The victim was a firefighter, as defined in Section 245.1,
who, while engaged in the course of the performance of his or her
duties, was intentionally killed, and the defendant knew, or
reasonably should have known, that the victim was a firefighter
engaged in the performance of his or her duties.
(10) The victim was a witness to a crime who was intentionally
killed for the purpose of preventing his or her testimony in any
criminal or juvenile proceeding, and the killing was not committed
during the commission or attempted commission, of the crime to which
he or she was a witness; or the victim was a witness to a crime and
was intentionally killed in retaliation for his or her testimony in
any criminal or juvenile proceeding. As used in this paragraph,
“juvenile proceeding” means a proceeding brought pursuant to Section
602 or 707 of the Welfare and Institutions Code.
(11) The victim was a prosecutor or assistant prosecutor or a
former prosecutor or assistant prosecutor of any local or state
prosecutor’s office in this or any other state, or of a federal
prosecutor’s office, and the murder was intentionally carried out in
retaliation for, or to prevent the performance of, the victim’s
official duties.
(12) The victim was a judge or former judge of any court of record
in the local, state, or federal system in this or any other state,
and the murder was intentionally carried out in retaliation for, or
to prevent the performance of, the victim’s official duties.
(13) The victim was an elected or appointed official or former
official of the federal government, or of any local or state
government of this or any other state, and the killing was
intentionally carried out in retaliation for, or to prevent the
performance of, the victim’s official duties.
(14) The murder was especially heinous, atrocious, or cruel,
manifesting exceptional depravity. As used in this section, the
phrase “especially heinous, atrocious, or cruel, manifesting
exceptional depravity” means a conscienceless or pitiless crime that
is unnecessarily torturous to the victim.
(15) The defendant intentionally killed the victim by means of
lying in wait.
(16) The victim was intentionally killed because of his or her
race, color, religion, nationality, or country of origin.
(17) The murder was committed while the defendant was engaged in,
or was an accomplice in, the commission of, attempted commission of,
or the immediate flight after committing, or attempting to commit,
the following felonies:
(A) Robbery in violation of Section 211 or 212.5.
(B) Kidnapping in violation of Section 207, 209, or 209.5.
(C) Rape in violation of Section 261.
(D) Sodomy in violation of Section 286.
(E) The performance of a lewd or lascivious act upon the person of
a child under the age of 14 years in violation of Section 288.
(F) Oral copulation in violation of Section 288a.
(G) Burglary in the first or second degree in violation of Section
460.
(H) Arson in violation of subdivision (b) of Section 451.
(I) Train wrecking in violation of Section 219.
(J) Mayhem in violation of Section 203.
(K) Rape by instrument in violation of Section 289.
(L) Carjacking, as defined in Section 215.
(M) To prove the special circumstances of kidnapping in
subparagraph (B), or arson in subparagraph (H), if there is specific
intent to kill, it is only required that there be proof of the
elements of those felonies. If so established, those two special
circumstances are proven even if the felony of kidnapping or arson is
committed primarily or solely for the purpose of facilitating the
murder.
(18) The murder was intentional and involved the infliction of
torture.
(19) The defendant intentionally killed the victim by the
administration of poison.
(20) The victim was a juror in any court of record in the local,
state, or federal system in this or any other state, and the murder
was intentionally carried out in retaliation for, or to prevent the
performance of, the victim’s official duties.
(21) The murder was intentional and perpetrated by means of
discharging a firearm from a motor vehicle, intentionally at another
person or persons outside the vehicle with the intent to inflict
death. For purposes of this paragraph, “motor vehicle” means any
vehicle as defined in Section 415 of the Vehicle Code.
(22) The defendant intentionally killed the victim while the
defendant was an active participant in a criminal street gang, as
defined in subdivision (f) of Section 186.22, and the murder was
carried out to further the activities of the criminal street gang.
(b) Unless an intent to kill is specifically required under
subdivision (a) for a special circumstance enumerated therein, an
actual killer, as to whom the special circumstance has been found to
be true under Section 190.4, need not have had any intent to kill at
the time of the commission of the offense which is the basis of the
special circumstance in order to suffer death or confinement in the
state prison for life without the possibility of parole.
(c) Every person, not the actual killer, who, with the intent to
kill, aids, abets, counsels, commands, induces, solicits, requests,
or assists any actor in the commission of murder in the first degree
shall be punished by death or imprisonment in the state prison for
life without the possibility of parole if one or more of the special
circumstances enumerated in subdivision (a) has been found to be true
under Section 190.4.
(d) Notwithstanding subdivision (c), every person, not the actual
killer, who, with reckless indifference to human life and as a major
participant, aids, abets, counsels, commands, induces, solicits,
requests, or assists in the commission of a felony enumerated in
paragraph (17) of subdivision (a) which results in the death of some
person or persons, and who is found guilty of murder in the first
degree therefor, shall be punished by death or imprisonment in the
state prison for life without the possibility of parole if a special
circumstance enumerated in paragraph (17) of subdivision (a) has been
found to be true under Section 190.4.
The penalty shall be determined as provided in this section and
Sections 190.1, 190.3, 190.4, and 190.5.
190.25. (a) The penalty for a defendant found guilty of murder in
the first degree shall be confinement in state prison for a term of
life without the possibility of parole in any case in which any of
the following special circumstances has been charged and specially
found under Section 190.4, to be true: the victim was the operator or
driver of a bus, taxicab, streetcar, cable car, trackless trolley,
or other motor vehicle operated on land, including a vehicle operated
on stationary rails or on a track or rail suspended in the air, used
for the transportation of persons for hire, or the victim was a
station agent or ticket agent for the entity providing such
transportation, who, while engaged in the course of the performance
of his or her duties was intentionally killed, and such defendant
knew or reasonably should have known that such victim was the
operator or driver of a bus, taxicab, streetcar, cable car, trackless
trolley, or other motor vehicle operated on land, including a
vehicle operated on stationary rails or on a track or rail suspended
in the air, used for the transportation of persons for hire, or was a
station agent or ticket agent for the entity providing such
transportation, engaged in the performance of his or her duties.
(b) Every person whether or not the actual killer found guilty of
intentionally aiding, abetting, counseling, commanding, inducing,
soliciting, requesting, or assisting any actor in the commission of
murder in the first degree shall suffer confinement in state prison
for a term of life without the possibility of parole, in any case in
which one or more of the special circumstances enumerated in
subdivision (a) of this section has been charged and specially found
under Section 190.4 to be true.
(c) Nothing in this section shall be construed to prohibit the
charging or finding of any special circumstance pursuant to Sections
190.1, 190.2, 190.3, 190.4, and 190.5.

190.3. If the defendant has been found guilty of murder in the
first degree, and a special circumstance has been charged and found
to be true, or if the defendant may be subject to the death penalty
after having been found guilty of violating subdivision (a) of
Section 1672 of the Military and Veterans Code or Sections 37, 128,
219, or 4500 of this code, the trier of fact shall determine whether
the penalty shall be death or confinement in state prison for a term
of life without the possibility of parole. In the proceedings on the
question of penalty, evidence may be presented by both the people and
the defendant as to any matter relevant to aggravation, mitigation,
and sentence including, but not limited to, the nature and
circumstances of the present offense, any prior felony conviction or
convictions whether or not such conviction or convictions involved a
crime of violence, the presence or absence of other criminal activity
by the defendant which involved the use or attempted use of force or
violence or which involved the express or implied threat to use
force or violence, and the defendant’s character, background,
history, mental condition and physical condition.
However, no evidence shall be admitted regarding other criminal
activity by the defendant which did not involve the use or attempted
use of force or violence or which did not involve the express or
implied threat to use force or violence. As used in this section,
criminal activity does not require a conviction.
However, in no event shall evidence of prior criminal activity be
admitted for an offense for which the defendant was prosecuted and
acquitted. The restriction on the use of this evidence is intended to
apply only to proceedings pursuant to this section and is not
intended to affect statutory or decisional law allowing such evidence
to be used in any other proceedings.
Except for evidence in proof of the offense or special
circumstances which subject a defendant to the death penalty, no
evidence may be presented by the prosecution in aggravation unless
notice of the evidence to be introduced has been given to the
defendant within a reasonable period of time as determined by the
court, prior to trial. Evidence may be introduced without such notice
in rebuttal to evidence introduced by the defendant in mitigation.
The trier of fact shall be instructed that a sentence of
confinement to state prison for a term of life without the
possibility of parole may in future after sentence is imposed, be
commuted or modified to a sentence that includes the possibility of
parole by the Governor of the State of California.
In determining the penalty, the trier of fact shall take into
account any of the following factors if relevant:
(a) The circumstances of the crime of which the defendant was
convicted in the present proceeding and the existence of any special
circumstances found to be true pursuant to Section 190.1.
(b) The presence or absence of criminal activity by the defendant
which involved the use or attempted use of force or violence or the
express or implied threat to use force or violence.
(c) The presence or absence of any prior felony conviction.
(d) Whether or not the offense was committed while the defendant
was under the influence of extreme mental or emotional disturbance.
(e) Whether or not the victim was a participant in the defendant’s
homicidal conduct or consented to the homicidal act.
(f) Whether or not the offense was committed under circumstances
which the defendant reasonably believed to be a moral justification
or extenuation for his conduct.
(g) Whether or not defendant acted under extreme duress or under
the substantial domination of another person.
(h) Whether or not at the time of the offense the capacity of the
defendant to appreciate the criminality of his conduct or to conform
his conduct to the requirements of law was impaired as a result of
mental disease or defect, or the affects of intoxication.
(i) The age of the defendant at the time of the crime.
(j) Whether or not the defendant was an accomplice to the offense
and his participation in the commission of the offense was relatively
minor.
(k) Any other circumstance which extenuates the gravity of the
crime even though it is not a legal excuse for the crime.
After having heard and received all of the evidence, and after
having heard and considered the arguments of counsel, the trier of
fact shall consider, take into account and be guided by the
aggravating and mitigating circumstances referred to in this section,
and shall impose a sentence of death if the trier of fact concludes
that the aggravating circumstances outweigh the mitigating
circumstances. If the trier of fact determines that the mitigating
circumstances outweigh the aggravating circumstances the trier of
fact shall impose a sentence of confinement in state prison for a
term of life without the possibility of parole.
190.4. (a) Whenever special circumstances as enumerated in Section
190.2 are alleged and the trier of fact finds the defendant guilty of
first degree murder, the trier of fact shall also make a special
finding on the truth of each alleged special circumstance. The
determination of the truth of any or all of the special circumstances
shall be made by the trier of fact on the evidence presented at the
trial or at the hearing held pursuant to Subdivision (b) of Section
190.1.
In case of a reasonable doubt as to whether a special circumstance
is true, the defendant is entitled to a finding that is not true.
The trier of fact shall make a special finding that each special
circumstance charged is either true or not true. Whenever a special
circumstance requires proof of the commission or attempted commission
of a crime, such crime shall be charged and proved pursuant to the
general law applying to the trial and conviction of the crime.
If the defendant was convicted by the court sitting without a
jury, the trier of fact shall be a jury unless a jury is waived by
the defendant and by the people, in which case the trier of fact
shall be the court. If the defendant was convicted by a plea of
guilty, the trier of fact shall be a jury unless a jury is waived by
the defendant and by the people.
If the trier of fact finds that any one or more of the special
circumstances enumerated in Section 190.2 as charged is true, there
shall be a separate penalty hearing, and neither the finding that any
of the remaining special circumstances charged is not true, nor if
the trier of fact is a jury, the inability of the jury to agree on
the issue of the truth or untruth of any of the remaining special
circumstances charged, shall prevent the holding of a separate
penalty hearing.
In any case in which the defendant has been found guilty by a
jury, and the jury has been unable to reach an unanimous verdict that
one or more of the special circumstances charged are true, and does
not reach a unanimous verdict that all the special circumstances
charged are not true, the court shall dismiss the jury and shall
order a new jury impaneled to try the issues, but the issue of guilt
shall not be tried by such jury, nor shall such jury retry the issue
of the truth of any of the special circumstances which were found by
an unanimous verdict of the previous jury to be untrue. If such new
jury is unable to reach the unanimous verdict that one or more of the
special circumstances it is trying are true, the court shall dismiss
the jury and in the court’s discretion shall either order a new jury
impaneled to try the issues the previous jury was unable to reach
the unanimous verdict on, or impose a punishment of confinement in
state prison for a term of 25 years.
(b) If defendant was convicted by the court sitting without a jury
the trier of fact at the penalty hearing shall be a jury unless a
jury is waived by the defendant and the people, in which case the
trier of fact shall be the court. If the defendant was convicted by a
plea of guilty, the trier of fact shall be a jury unless a jury is
waived by the defendant and the people.
If the trier of fact is a jury and has been unable to reach a
unanimous verdict as to what the penalty shall be, the court shall
dismiss the jury and shall order a new jury impaneled to try the
issue as to what the penalty shall be. If such new jury is unable to
reach a unanimous verdict as to what the penalty shall be, the court
in its discretion shall either order a new jury or impose a
punishment of confinement in state prison for a term of life without
the possibility of parole.
(c) If the trier of fact which convicted the defendant of a crime
for which he may be subject to the death penalty was a jury, the same
jury shall consider any plea of not guilty by reason of insanity
pursuant to Section 1026, the truth of any special circumstances
which may be alleged, and the penalty to be applied, unless for good
cause shown the court discharges that jury in which case a new jury
shall be drawn. The court shall state facts in support of the finding
of good cause upon the record and cause them to be entered into the
minutes.
(d) In any case in which the defendant may be subject to the death
penalty, evidence presented at any prior phase of the trial,
including any proceeding under a plea of not guilty by reason of
insanity pursuant to Section 1026 shall be considered an any
subsequent phase of the trial, if the trier of fact of the prior
phase is the same trier of fact at the subsequent phase.
(e) In every case in which the trier of fact has returned a
verdict or finding imposing the death penalty, the defendant shall be
deemed to have made an application for modification of such verdict
or finding pursuant to Subdivision 7 of Section 11. In ruling on the
application, the judge shall review the evidence, consider, take into
account, and be guided by the aggravating and mitigating
circumstances referred to in Section 190.3, and shall make a
determination as to whether the jury’s findings and verdicts that the
aggravating circumstances outweigh the mitigating circumstances are
contrary to law or the evidence presented. The judge shall state on
the record the reasons for his findings.
The judge shall set forth the reasons for his ruling on the
application and direct that they be entered on the Clerk’s minutes.
The denial of the modification of the death penalty verdict pursuant
to subdivision (7) of Section 1181 shall be reviewed on the defendant’
s automatic appeal pursuant to subdivision (b) of Section 1239. The
granting of the application shall be reviewed on the People’s appeal
pursuant to paragraph (6).

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

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

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

190.7. (a) The “entire record” referred to in Section 190.6
includes, but is not limited to, the following:
(1) The normal and additional record prescribed in the rules
adopted by the Judicial Council pertaining to an appeal taken by the
defendant from a judgment of conviction.
(2) A copy of any other paper or record on file or lodged with the
superior or municipal court and a transcript of any other oral
proceeding reported in the superior or municipal court pertaining to
the trial of the cause.
(b) Notwithstanding this section, the Judicial Council may adopt
rules, not inconsistent with the purpose of Section 190.6,
specifically pertaining to the content, preparation and certification
of the record on appeal when a judgment of death has been
pronounced.
190.8. (a) In any case in which a death sentence has been imposed,
the record on appeal shall be expeditiously certified in two stages,
the first for completeness and the second for accuracy, as provided
by this section. The trial court may use all reasonable means to
ensure compliance with all applicable statutes and rules of court
pertaining to record certification in capital appeals, including, but
not limited to, the imposition of sanctions.
(b) Within 30 days of the imposition of the death sentence, the
clerk of the superior court shall provide to trial counsel copies of
the clerk’s transcript and shall deliver the transcript as provided
by the court reporter. Trial counsel shall promptly notify the court
if he or she has not received the transcript within 30 days.
(c) During the course of a trial in which the death penalty is
being sought, trial counsel shall alert the court’s attention to any
errors in the transcripts incidentally discovered by counsel while
reviewing them in the ordinary course of trial preparation. The court
shall periodically request that trial counsel provide a list of
errors in the trial transcript during the course of trial and may
hold hearings in connection therewith.
Corrections to the record shall not be required to include
immaterial typographical errors that cannot conceivably cause
confusion.
(d) The trial court shall certify the record for completeness and
for incorporation of all corrections, as provided by subdivision (c),
no later than 90 days after entry of the imposition of the death
sentence unless good cause is shown. However, this time period may be
extended for proceedings in which the trial transcript exceeds
10,000 pages in accordance with the timetable set forth in, or for
good cause pursuant to the procedures set forth in, the rules of
court adopted by the Judicial Council.
(e) Following the imposition of the death sentence and prior to
the deadline set forth in subdivision (d), the trial court shall hold
one or more hearings for trial counsel to address the completeness
of the record and any outstanding errors that have come to their
attention and to certify that they have reviewed all docket sheets to
ensure that the record contains transcripts for any proceedings,
hearings, or discussions that are required to be reported and that
have occurred in the course of the case in any court, as well as all
documents required by this code and the rules adopted by the Judicial
Council.
(f) The clerk of the trial court shall deliver a copy of the
record on appeal to appellate counsel when the clerk receives notice
of counsel’s appointment or retention, or when the record is
certified for completeness under subdivision (d), whichever is later.
(g) The trial court shall certify the record for accuracy no later
than 120 days after the record has been delivered to appellate
counsel. However, this time may be extended pursuant to the timetable
and procedures set forth in the rules of court adopted by the
Judicial Council. The trial court may hold one or more status
conferences for purposes of timely certification of the record for
accuracy, as set forth in the rules of court adopted by the Judicial
Council.
(h) The Supreme Court shall identify in writing to the Judicial
Council any case that has not met the time limit for certification of
the record for completeness under subdivision (d) or for accuracy
under subdivision (g), and shall identify those cases, and its
reasons, for which it has granted an extension of time. The Judicial
Council shall include this information in its annual report to the
Legislature.
(i) As used in this section, “trial counsel” means both the
prosecution and the defense counsel in the trial in which the
sentence of death has been imposed.
(j) This section shall be implemented pursuant to rules of court
adopted by the Judicial Council.
(k) This section shall only apply to those proceedings in which a
sentence of death has been imposed following a trial that was
commenced on or after January 1, 1997.
190.9. (a) (1) In any case in which a death sentence may be
imposed, all proceedings conducted in the superior court, including
all conferences and proceedings, whether in open court, in conference
in the courtroom, or in chambers, shall be conducted on the record
with a court reporter present. The court reporter shall prepare and
certify a daily transcript of all proceedings commencing with the
preliminary hearing. Proceedings prior to the preliminary hearing
shall be reported but need not be transcribed until the court
receives notice as prescribed in paragraph (2).
(2) Upon receiving notification from the prosecution that the
death penalty is being sought, the clerk shall order the
transcription and preparation of the record of all proceedings prior
to and including the preliminary hearing in the manner prescribed by
the Judicial Council in the rules of court. The record of all
proceedings prior to and including the preliminary hearing shall be
certified by the court no later than 120 days following notification
unless the time is extended pursuant to rules of court adopted by the
Judicial Council. Upon certification, the record of all proceedings
is incorporated into the superior court record.
(b) (1) The court shall assign a court reporter who uses
computer-aided transcription equipment to report all proceedings
under this section.
(2) Failure to comply with the requirements of this section
relating to the assignment of court reporters who use computer-aided
transcription equipment is not a ground for reversal.
(c) Any computer-readable transcript produced by court reporters
pursuant to this section shall conform to the requirements of Section
271 of the Code of Civil Procedure.

 

191. The rules of the common law, distinguishing the killing of a
master by his servant, and of a husband by his wife, as petit
treason, are abolished, and these offenses are homicides, punishable
in the manner prescribed by this Chapter.
191.5. (a) Gross vehicular manslaughter while intoxicated is the
unlawful killing of a human being without malice aforethought, in the
driving of a vehicle, where the driving was in violation of Section
23140, 23152, or 23153 of the Vehicle Code, and the killing was
either the proximate result of the commission of an unlawful act, not
amounting to a felony, and with gross negligence, or the proximate
result of the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence.
(b) Vehicular manslaughter while intoxicated is the unlawful
killing of a human being without malice aforethought, in the driving
of a vehicle, where the driving was in violation of Section 23140,
23152, or 23153 of the Vehicle Code, and the killing was either the
proximate result of the commission of an unlawful act, not amounting
to a felony, but without gross negligence, or the proximate result of
the commission of a lawful act that might produce death, in an
unlawful manner, but without gross negligence.
(c) (1) Except as provided in subdivision (d), gross vehicular
manslaughter while intoxicated in violation of subdivision (a) is
punishable by imprisonment in the state prison for 4, 6, or 10 years.
(2) Vehicular manslaughter while intoxicated in violation of
subdivision (b) is punishable by imprisonment in a county jail for
not more than one year or by imprisonment pursuant to subdivision (h)
of Section 1170 for 16 months or two or four years.
(d) A person convicted of violating subdivision (a) who has one or
more prior convictions of this section or of paragraph (1) of
subdivision (c) of Section 192, subdivision (a) or (b) of Section
192.5 of this code, or of violating Section 23152 punishable under
Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted
of Section 23153 of, the Vehicle Code, shall be punished by
imprisonment in the state prison for a term of 15 years to life.
Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of
Part 3 shall apply to reduce the term imposed pursuant to this
subdivision.
(e) This section shall not be construed as prohibiting or
precluding a charge of murder under Section 188 upon facts exhibiting
wantonness and a conscious disregard for life to support a finding
of implied malice, or upon facts showing malice consistent with the
holding of the California Supreme Court in People v. Watson, 30 Cal.
3d 290.
(f) This section shall not be construed as making any homicide in
the driving of a vehicle or the operation of a vessel punishable
which is not a proximate result of the commission of an unlawful act,
not amounting to felony, or of the commission of a lawful act which
might produce death, in an unlawful manner.
(g) For the penalties in subdivision (d) to apply, the existence
of any fact required under subdivision (d) shall be alleged in the
information or indictment and either admitted by the defendant in
open court or found to be true by the trier of fact.

 

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

192.5. Vehicular manslaughter pursuant to subdivision (b) of
Section 191.5 and subdivision (c) of Section 192 is the unlawful
killing of a human being without malice aforethought, and includes:
(a) Operating a vessel in violation of subdivision (b), (c), (d),
(e), or (f) of Section 655 of the Harbors and Navigation Code, and in
the commission of an unlawful act, not amounting to felony, and with
gross negligence; or operating a vessel in violation of subdivision
(b), (c), (d), (e), or (f) of Section 655 of the Harbors and
Navigation Code, and in the commission of a lawful act that might
produce death, in an unlawful manner, and with gross negligence.
(b) Operating a vessel in violation of subdivision (b), (c), (d),
(e), or (f) of Section 655 of the Harbors and Navigation Code, and in
the commission of an unlawful act, not amounting to felony, but
without gross negligence; or operating a vessel in violation of
subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors
and Navigation Code, and in the commission of a lawful act that might
produce death, in an unlawful manner, but without gross negligence.
(c) Operating a vessel in the commission of an unlawful act, not
amounting to a felony, and with gross negligence; or operating a
vessel in the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence.
(d) Operating a vessel in the commission of an unlawful act, not
amounting to a felony, but without gross negligence; or operating a
vessel in the commission of a lawful act that might produce death, in
an unlawful manner, but without gross negligence.
(e) A person who flees the scene of the crime after committing a
violation of subdivision (a), (b), or (c), upon conviction, in
addition and consecutive to the punishment prescribed, shall be
punished by an additional term of imprisonment of five years in the
state prison. This additional term shall not be imposed unless the
allegation is charged in the accusatory pleading and admitted by the
defendant or found to be true by the trier of fact. The court shall
not strike a finding that brings a person within the provisions of
this subdivision or an allegation made pursuant to this subdivision.
193. (a) Voluntary manslaughter is punishable by imprisonment in
the state prison for 3, 6, or 11 years.
(b) Involuntary manslaughter is punishable by imprisonment
pursuant to subdivision (h) of Section 1170 for two, three, or four
years.
(c) Vehicular manslaughter is punishable as follows:
(1) A violation of paragraph (1) of subdivision (c) of Section 192
is punishable either by imprisonment in the county jail for not more
than one year or by imprisonment in the state prison for two, four,
or six years.
(2) A violation of paragraph (2) of subdivision (c) of Section 192
is punishable by imprisonment in the county jail for not more than
one year.
(3) A violation of paragraph (3) of subdivision (c) of Section 192
is punishable by imprisonment in the state prison for 4, 6, or 10
years.

193.5. Manslaughter committed during the operation of a vessel is
punishable as follows:
(a) A violation of subdivision (a) of Section 192.5 is punishable
by imprisonment in the state prison for 4, 6, or 10 years.
(b) A violation of subdivision (b) of Section 192.5 is punishable
by imprisonment in a county jail for not more than one year or by
imprisonment pursuant to subdivision (h) of Section 1170 for 16
months or two or four years.
(c) A violation of subdivision (c) of Section 192.5 is punishable
either by imprisonment in the county jail for not more than one year
or by imprisonment in the state prison for two, four, or six years.
(d) A violation of subdivision (d) of Section 192.5 is punishable
by imprisonment in the county jail for not more than one year.

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

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

 

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

195. Homicide is excusable in the following cases:
1. When committed by accident and misfortune, or in doing any
other lawful act by lawful means, with usual and ordinary caution,
and without any unlawful intent.
2. When committed by accident and misfortune, in the heat of
passion, upon any sudden and sufficient provocation, or upon a sudden
combat, when no undue advantage is taken, nor any dangerous weapon
used, and when the killing is not done in a cruel or unusual manner.
196. Homicide is justifiable when committed by public officers and
those acting by their command in their aid and assistance, either–
1. In obedience to any judgment of a competent Court; or,
2. When necessarily committed in overcoming actual resistance to
the execution of some legal process, or in the discharge of any other
legal duty; or,
3. When necessarily committed in retaking felons who have been
rescued or have escaped, or when necessarily committed in arresting
persons charged with felony, and who are fleeing from justice or
resisting such arrest.

197. Homicide is also justifiable when committed by any person in
any of the following cases:
1. When resisting any attempt to murder any person, or to commit a
felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person,
against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against one who manifestly intends
and endeavors, in a violent, riotous or tumultuous manner, to enter
the habitation of another for the purpose of offering violence to any
person therein; or,
3. When committed in the lawful defense of such person, or of a
wife or husband, parent, child, master, mistress, or servant of such
person, when there is reasonable ground to apprehend a design to
commit a felony or to do some great bodily injury, and imminent
danger of such design being accomplished; but such person, or the
person in whose behalf the defense was made, if he was the assailant
or engaged in mutual combat, must really and in good faith have
endeavored to decline any further struggle before the homicide was
committed; or,
4. When necessarily committed in attempting, by lawful ways and
means, to apprehend any person for any felony committed, or in
lawfully suppressing any riot, or in lawfully keeping and preserving
the peace.
198. A bare fear of the commission of any of the offenses mentioned
in subdivisions 2 and 3 of Section 197, to prevent which homicide
may be lawfully committed, is not sufficient to justify it. But the
circumstances must be sufficient to excite the fears of a reasonable
person, and the party killing must have acted under the influence of
such fears alone.

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

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

PENAL CODE
SECTION 203-206.1

203. Every person who unlawfully and maliciously deprives a human
being of a member of his body, or disables, disfigures, or renders it
useless, or cuts or disables the tongue, or puts out an eye, or
slits the nose, ear, or lip, is guilty of mayhem.
204. Mayhem is punishable by imprisonment in the state prison for
two, four, or eight years.

205. A person is guilty of aggravated mayhem when he or she
unlawfully, under circumstances manifesting extreme indifference to
the physical or psychological well-being of another person,
intentionally causes permanent disability or disfigurement of another
human being or deprives a human being of a limb, organ, or member of
his or her body. For purposes of this section, it is not necessary
to prove an intent to kill. Aggravated mayhem is a felony punishable
by imprisonment in the state prison for life with the possibility of
parole.
206. Every person who, with the intent to cause cruel or extreme
pain and suffering for the purpose of revenge, extortion, persuasion,
or for any sadistic purpose, inflicts great bodily injury as defined
in Section 12022.7 upon the person of another, is guilty of torture.
The crime of torture does not require any proof that the victim
suffered pain.

206.1. Torture is punishable by imprisonment in the state prison
for a term of life.

PENAL CODE
SECTION 207-210

207. (a) Every person who forcibly, or by any other means of
instilling fear, steals or takes, or holds, detains, or arrests any
person in this state, and carries the person into another country,
state, or county, or into another part of the same county, is guilty
of kidnapping.
(b) Every person, who for the purpose of committing any act
defined in Section 288, hires, persuades, entices, decoys, or seduces
by false promises, misrepresentations, or the like, any child under
the age of 14 years to go out of this country, state, or county, or
into another part of the same county, is guilty of kidnapping.
(c) Every person who forcibly, or by any other means of instilling
fear, takes or holds, detains, or arrests any person, with a design
to take the person out of this state, without having established a
claim, according to the laws of the United States, or of this state,
or who hires, persuades, entices, decoys, or seduces by false
promises, misrepresentations, or the like, any person to go out of
this state, or to be taken or removed therefrom, for the purpose and
with the intent to sell that person into slavery or involuntary
servitude, or otherwise to employ that person for his or her own use,
or to the use of another, without the free will and consent of that
persuaded person, is guilty of kidnapping.
(d) Every person who, being out of this state, abducts or takes by
force or fraud any person contrary to the law of the place where
that act is committed, and brings, sends, or conveys that person
within the limits of this state, and is afterwards found within the
limits thereof, is guilty of kidnapping.
(e) For purposes of those types of kidnapping requiring force, the
amount of force required to kidnap an unresisting infant or child is
the amount of physical force required to take and carry the child
away a substantial distance for an illegal purpose or with an illegal
intent.
(f) Subdivisions (a) to (d), inclusive, do not apply to any of the
following:
(1) To any person who steals, takes, entices away, detains,
conceals, or harbors any child under the age of 14 years, if that act
is taken to protect the child from danger of imminent harm.
(2) To any person acting under Section 834 or 837.
208. (a) Kidnapping is punishable by imprisonment in the state
prison for three, five, or eight years.
(b) If the person kidnapped is under 14 years of age at the time
of the commission of the crime, the kidnapping is punishable by
imprisonment in the state prison for 5, 8, or 11 years. This
subdivision is not applicable to the taking, detaining, or
concealing, of a minor child by a biological parent, a natural
father, as specified in Section 7611 of the Family Code, an adoptive
parent, or a person who has been granted access to the minor child by
a court order.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.

 

209. (a) Any person who seizes, confines, inveigles, entices,
decoys, abducts, conceals, kidnaps or carries away another person by
any means whatsoever with intent to hold or detain, or who holds or
detains, that person for ransom, reward or to commit extortion or to
exact from another person any money or valuable thing, or any person
who aids or abets any such act, is guilty of a felony, and upon
conviction thereof, shall be punished by imprisonment in the state
prison for life without possibility of parole in cases in which any
person subjected to any such act suffers death or bodily harm, or is
intentionally confined in a manner which exposes that person to a
substantial likelihood of death, or shall be punished by imprisonment
in the state prison for life with the possibility of parole in cases
where no such person suffers death or bodily harm.
(b) (1) Any person who kidnaps or carries away any individual to
commit robbery, rape, spousal rape, oral copulation, sodomy, or any
violation of Section 264.1, 288, or 289, shall be punished by
imprisonment in the state prison for life with the possibility of
parole.
(2) This subdivision shall only apply if the movement of the
victim is beyond that merely incidental to the commission of, and
increases the risk of harm to the victim over and above that
necessarily present in, the intended underlying offense.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.
(d) Subdivision (b) shall not be construed to supersede or affect
Section 667.61. A person may be charged with a violation of
subdivision (b) and Section 667.61. However, a person may not be
punished under subdivision (b) and Section 667.61 for the same act
that constitutes a violation of both subdivision (b) and Section
667.61.

209.5. (a) Any person who, during the commission of a carjacking
and in order to facilitate the commission of the carjacking, kidnaps
another person who is not a principal in the commission of the
carjacking shall be punished by imprisonment in the state prison for
life with the possibility of parole.
(b) This section shall only apply if the movement of the victim is
beyond that merely incidental to the commission of the carjacking,
the victim is moved a substantial distance from the vicinity of the
carjacking, and the movement of the victim increases the risk of harm
to the victim over and above that necessarily present in the crime
of carjacking itself.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.
210. Every person who for the purpose of obtaining any ransom or
reward, or to extort or exact from any person any money or thing of
value, poses as, or in any manner represents himself to be a person
who has seized, confined, inveigled, enticed, decoyed, abducted,
concealed, kidnapped or carried away any person, or who poses as, or
in any manner represents himself to be a person who holds or detains
such person, or who poses as, or in any manner represents himself to
be a person who has aided or abetted any such act, or who poses as or
in any manner represents himself to be a person who has the
influence, power, or ability, to obtain the release of such person so
seized, confined, inveigled, enticed, decoyed, abducted, concealed,
kidnapped or carried away, is guilty of a felony and upon conviction
thereof shall be punished by imprisonment for two, three or four
years.
Nothing in this section prohibits any person who, in good faith
believes that he can rescue any person who has been seized, confined,
inveigled, enticed, decoyed, abducted, concealed, kidnapped or
carried away, and who has had no part in, or connection with, such
confinement, inveigling, decoying, abducting, concealing, kidnapping,
or carrying away, from offering to rescue or obtain the release of
such person for a monetary consideration or other thing of value.

PENAL CODE
SECTION 210.5

210.5. Every person who commits the offense of false imprisonment,
as defined in Section 236, against a person for purposes of
protection from arrest, which substantially increases the risk of
harm to the victim, or for purposes of using the person as a shield
is punishable by imprisonment pursuant to subdivision (h) of Section
1170 for three, five, or eight years.

PENAL CODE
SECTION 211-215

211. Robbery is the felonious taking of personal property in the
possession of another, from his person or immediate presence, and
against his will, accomplished by means of force or fear.

212. The fear mentioned in Section 211 may be either:
1. The fear of an unlawful injury to the person or property of the
person robbed, or of any relative of his or member of his family;
or,
2. The fear of an immediate and unlawful injury to the person or
property of anyone in the company of the person robbed at the time of
the robbery.

212.5. (a) Every robbery of any person who is performing his or her
duties as an operator of any bus, taxicab, cable car, streetcar,
trackless trolley, or other vehicle, including a vehicle operated on
stationary rails or on a track or rail suspended in the air, and used
for the transportation of persons for hire, every robbery of any
passenger which is perpetrated on any of these vehicles, and every
robbery which is perpetrated in an inhabited dwelling house, a vessel
as defined in Section 21 of the Harbors and Navigation Code which is
inhabited and designed for habitation, an inhabited floating home as
defined in subdivision (d) of Section 18075.55 of the Health and
Safety Code, a trailer coach as defined in the Vehicle Code which is
inhabited, or the inhabited portion of any other building is robbery
of the first degree.
(b) Every robbery of any person while using an automated teller
machine or immediately after the person has used an automated teller
machine and is in the vicinity of the automated teller machine is
robbery of the first degree.
(c) All kinds of robbery other than those listed in subdivisions
(a) and (b) are of the second degree.

213. (a) Robbery is punishable as follows:
(1) Robbery of the first degree is punishable as follows:
(A) If the defendant, voluntarily acting in concert with two or
more other persons, commits the robbery within an inhabited dwelling
house, a vessel as defined in Section 21 of the Harbors and
Navigation Code, which is inhabited and designed for habitation, an
inhabited floating home as defined in subdivision (d) of Section
18075.55 of the Health and Safety Code, a trailer coach as defined in
the Vehicle Code, which is inhabited, or the inhabited portion of
any other building, by imprisonment in the state prison for three,
six, or nine years.
(B) In all cases other than that specified in subparagraph (A), by
imprisonment in the state prison for three, four, or six years.
(2) Robbery of the second degree is punishable by imprisonment in
the state prison for two, three, or five years.
(b) Notwithstanding Section 664, attempted robbery in violation of
paragraph (2) of subdivision (a) is punishable by imprisonment in
the state prison.

214. Every person who goes upon or boards any railroad train, car
or engine, with the intention of robbing any passenger or other
person on such train, car or engine, of any personal property thereon
in the possession or care or under the control of any such passenger
or other person, or who interferes in any manner with any switch,
rail, sleeper, viaduct, culvert, embankment, structure or appliance
pertaining to or connected with any railroad, or places any dynamite
or other explosive substance or material upon or near the track of
any railroad, or who sets fire to any railroad bridge or trestle, or
who shows, masks, extinguishes or alters any light or other signal,
or exhibits or compels any other person to exhibit any false light or
signal, or who stops any such train, car or engine, or slackens the
speed thereof, or who compels or attempts to compel any person in
charge or control thereof to stop any such train, car or engine, or
slacken the speed thereof, with the intention of robbing any
passenger or other person on such train, car or engine, of any
personal property thereon in the possession or charge or under the
control of any such passenger or other person, is guilty of a felony.
215. (a) “Carjacking” is the felonious taking of a motor vehicle in
the possession of another, from his or her person or immediate
presence, or from the person or immediate presence of a passenger of
the motor vehicle, against his or her will and with the intent to
either permanently or temporarily deprive the person in possession of
the motor vehicle of his or her possession, accomplished by means of
force or fear.
(b) Carjacking is punishable by imprisonment in the state prison
for a term of three, five, or nine years.
(c) This section shall not be construed to supersede or affect
Section 211. A person may be charged with a violation of this section
and Section 211. However, no defendant may be punished under this
section and Section 211 for the same act which constitutes a
violation of both this section and Section 211.

PENAL CODE
SECTION 217.1-219.3

217.1. (a) Except as provided in subdivision (b), every person who
commits any assault upon the President or Vice President of the
United States, the Governor of any state or territory, any justice,
judge, or former judge of any local, state, or federal court of
record, any commissioner, referee, or other subordinate judicial
officer of any court of record, the secretary or director of any
executive agency or department of the United States or any state or
territory, or any other official of the United States or any state or
territory holding elective office, any mayor, city council member,
county supervisor, sheriff, district attorney, prosecutor or
assistant prosecutor of any local, state, or federal prosecutor’s
office, a former prosecutor or assistant prosecutor of any local,
state, or federal prosecutor’s office, public defender or assistant
public defender of any local, state, or federal public defender’s
office, a former public defender or assistant public defender of any
local, state, or federal public defender’s office, the chief of
police of any municipal police department, any peace officer, any
juror in any local, state, or federal court of record, or the
immediate family of any of these officials, in retaliation for or to
prevent the performance of the victim’s official duties, shall be
punished by imprisonment in the county jail not exceeding one year or
by imprisonment pursuant to subdivision (h) of Section 1170.
(b) Notwithstanding subdivision (a), every person who attempts to
commit murder against any person listed in subdivision (a) in
retaliation for or to prevent the performance of the victim’s
official duties, shall be confined in the state prison for a term of
15 years to life. The provisions of Article 2.5 (commencing with
Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce
any minimum term of 15 years in a state prison imposed pursuant to
this section, but that person shall not otherwise be released on
parole prior to that time.
(c) For the purposes of this section, the following words have the
following meanings:
(1) “Immediate family” means spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or
stepfather.
(2) “Peace officer” means any person specified in subdivision (a)
of Section 830.1 or Section 830.5.

218. Every person who unlawfully throws out a switch, removes a
rail, or places any obstruction on any railroad with the intention of
derailing any passenger, freight or other train, car or engine, or
who unlawfully places any dynamite or other explosive material or any
other obstruction upon or near the track of any railroad with the
intention of blowing up or derailing any such train, car or engine,
or who unlawfully sets fire to any railroad bridge or trestle, over
which any such train, car or engine must pass with the intention of
wrecking such train, car or engine, is guilty of a felony, and shall
be punished by imprisonment in the state prison for life without
possibility of parole.
218.1. Any person who unlawfully and with gross negligence places
or causes to be placed any obstruction upon or near the track of any
railroad that proximately results in either the damaging or derailing
of any passenger, freight, or other train, or injures a rail
passenger or employee, shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 for two, three, or four years, or by
imprisonment in a county jail for not more than one year, or by a
fine not to exceed two thousand five hundred dollars ($2,500), or by
both that imprisonment and fine.

219. Every person who unlawfully throws out a switch, removes a
rail, or places any obstruction on any railroad with the intention of
derailing any passenger, freight or other train, car or engine and
thus derails the same, or who unlawfully places any dynamite or other
explosive material or any other obstruction upon or near the track
of any railroad with the intention of blowing up or derailing any
such train, car or engine and thus blows up or derails the same, or
who unlawfully sets fire to any railroad bridge or trestle over which
any such train, car or engine must pass with the intention of
wrecking such train, car or engine, and thus wrecks the same, is
guilty of a felony and punishable with death or imprisonment in the
state prison for life without possibility of parole in cases where
any person suffers death as a proximate result thereof, or
imprisonment in the state prison for life with the possibility of
parole, in cases where no person suffers death as a proximate result
thereof. The penalty shall be determined pursuant to Sections 190.3
and 190.4.

219.1. Every person who unlawfully throws, hurls or projects at a
vehicle operated by a common carrier, while such vehicle is either in
motion or stationary, any rock, stone, brick, bottle, piece of wood
or metal or any other missile of any kind or character, or does any
unlawful act, with the intention of wrecking such vehicle and doing
bodily harm, and thus wrecks the same and causes bodily harm, is
guilty of a felony and punishable by imprisonment pursuant to
subdivision (h) of Section 1170 for two, four, or six years.

219.2. Every person who willfully throws, hurls, or projects a
stone or other hard substance, or shoots a missile, at a train,
locomotive, railway car, caboose, cable railway car, street railway
car, or bus or at a steam vessel or watercraft used for carrying
passengers or freight on any of the waters within or bordering on
this state, is punishable by imprisonment in the county jail not
exceeding one year, or in a state prison, or by fine not exceeding
two thousand dollars ($2,000), or by both such fine and imprisonment.

219.3. Any person who wilfully drops or throws any object or
missile from any toll bridge is guilty of a misdemeanor.

PENAL CODE
SECTION 220-222

220. (a) (1) Except as provided in subdivision (b), any person who
assaults another with intent to commit mayhem, rape, sodomy, oral
copulation, or any violation of Section 264.1, 288, or 289 shall be
punished by imprisonment in the state prison for two, four, or six
years.
(2) Except as provided in subdivision (b), any person who assaults
another person under 18 years of age with the intent to commit rape,
sodomy, oral copulation, or any violation of Section 264.1, 288, or
289 shall be punished by imprisonment in the state prison for five,
seven, or nine years.
(b) Any person who, in the commission of a burglary of the first
degree, as defined in subdivision (a) of Section 460, assaults
another with intent to commit rape, sodomy, oral copulation, or any
violation of Section 264.1, 288, or 289 shall be punished by
imprisonment in the state prison for life with the possibility of
parole.

222. Every person guilty of administering to another any
chloroform, ether, laudanum, or any controlled substance,
anaesthetic, or intoxicating agent, with intent thereby to enable or
assist himself or herself or any other person to commit a felony, is
guilty of a felony punishable by imprisonment in the state prison for
16 months, or two or three years.

PENAL CODE
SECTION 236-237

236. False imprisonment is the unlawful violation of the personal
liberty of another.

236.1. (a) Any person who deprives or violates the personal liberty
of another with the intent to obtain forced labor or services, is
guilty of human trafficking and shall be punished by imprisonment in
the state prison for 5, 8, or 12 years and a fine of not more than
five hundred thousand dollars ($500,000).
(b) Any person who deprives or violates the personal liberty of
another with the intent to effect or maintain a violation of Section
266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6,
or 518 is guilty of human trafficking and shall be punished by
imprisonment in the state prison for 8, 14, or 20 years and a fine of
not more than five hundred thousand dollars ($500,000).
(c) Any person who causes, induces, or persuades, or attempts to
cause, induce, or persuade, a person who is a minor at the time of
commission of the offense to engage in a commercial sex act, with the
intent to effect or maintain a violation of Section 266, 266h, 266i,
266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is
guilty of human trafficking. A violation of this subdivision is
punishable by imprisonment in the state prison as follows:
(1) Five, 8, or 12 years and a fine of not more than five hundred
thousand dollars ($500,000).
(2) Fifteen years to life and a fine of not more than five hundred
thousand dollars ($500,000) when the offense involves force, fear,
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person.
(d) In determining whether a minor was caused, induced, or
persuaded to engage in a commercial sex act, the totality of the
circumstances, including the age of the victim, his or her
relationship to the trafficker or agents of the trafficker, and any
handicap or disability of the victim, shall be considered.
(e) Consent by a victim of human trafficking who is a minor at the
time of the commission of the offense is not a defense to a criminal
prosecution under this section.
(f) Mistake of fact as to the age of a victim of human trafficking
who is a minor at the time of the commission of the offense is not a
defense to a criminal prosecution under this section.
(g) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(8) of Title 22 of the
United States Code.
(h) For purposes of this chapter, the following definitions apply:
(1) “Coercion” includes any scheme, plan, or pattern intended to
cause a person to believe that failure to perform an act would result
in serious harm to or physical restraint against any person; the
abuse or threatened abuse of the legal process; debt bondage; or
providing and facilitating the possession of any controlled substance
to a person with the intent to impair the person’s judgment.
(2) “Commercial sex act” means sexual conduct on account of which
anything of value is given or received by any person.
(3) “Deprivation or violation of the personal liberty of another”
includes substantial and sustained restriction of another’s liberty
accomplished through force, fear, fraud, deceit, coercion, violence,
duress, menace, or threat of unlawful injury to the victim or to
another person, under circumstances where the person receiving or
apprehending the threat reasonably believes that it is likely that
the person making the threat would carry it out.
(4) “Duress” includes a direct or implied threat of force,
violence, danger, hardship, or retribution sufficient to cause a
reasonable person to acquiesce in or perform an act which he or she
would otherwise not have submitted to or performed; a direct or
implied threat to destroy, conceal, remove, confiscate, or possess
any actual or purported passport or immigration document of the
victim; or knowingly destroying, concealing, removing, confiscating,
or possessing any actual or purported passport or immigration
document of the victim.
(5) “Forced labor or services” means labor or services that are
performed or provided by a person and are obtained or maintained
through force, fraud, duress, or coercion, or equivalent conduct that
would reasonably overbear the will of the person.
(6) “Great bodily injury” means a significant or substantial
physical injury.
(7) “Minor” means a person less than 18 years of age.
(8) “Serious harm” includes any harm, whether physical or
nonphysical, including psychological, financial, or reputational
harm, that is sufficiently serious, under all the surrounding
circumstances, to compel a reasonable person of the same background
and in the same circumstances to perform or to continue performing
labor, services, or commercial sexual acts in order to avoid
incurring that harm.
(i) The total circumstances, including the age of the victim, the
relationship between the victim and the trafficker or agents of the
trafficker, and any handicap or disability of the victim, shall be
factors to consider in determining the presence of “deprivation or
violation of the personal liberty of another,” “duress,” and
“coercion” as described in this section.

236.2. Law enforcement agencies shall use due diligence to identify
all victims of human trafficking, regardless of the citizenship of
the person. When a peace officer comes into contact with a person who
has been deprived of his or her personal liberty, a minor who has
engaged in a commercial sex act, a person suspected of violating
subdivision (a) or (b) of Section 647, or a victim of a crime of
domestic violence or sexual assault, the peace officer shall consider
whether the following indicators of human trafficking are present:
(a) Signs of trauma, fatigue, injury, or other evidence of poor
care.
(b) The person is withdrawn, afraid to talk, or his or her
communication is censored by another person.
(c) The person does not have freedom of movement.
(d) The person lives and works in one place.
(e) The person owes a debt to his or her employer.
(f) Security measures are used to control who has contact with the
person.
(g) The person does not have control over his or her own
government-issued identification or over his or her worker
immigration documents.
236.3. Upon conviction of a violation of Section 236.1, if real
property is used to facilitate the commission of the offense, the
procedures for determining whether the property constitutes a
nuisance and the remedies imposed therefor as provided in Article 2
(commencing with Section 11225) of Chapter 3 of Title 1 of Part 4
shall apply.

236.4. (a) Upon the conviction of a person of a violation of
Section 236.1, the court may, in addition to any other penalty, fine,
or restitution imposed, order the defendant to pay an additional
fine not to exceed one million dollars ($1,000,000). In setting the
amount of the fine, the court shall consider any relevant factors,
including, but not limited to, the seriousness and gravity of the
offense, the circumstances and duration of its commission, the amount
of economic gain the defendant derived as a result of the crime, and
the extent to which the victim suffered losses as a result of the
crime.
(b) Any person who inflicts great bodily injury on a victim in the
commission or attempted commission of a violation of Section 236.1
shall be punished by an additional and consecutive term of
imprisonment in the state prison for 5, 7, or 10 years.
(c) Any person who has previously been convicted of a violation of
any crime specified in Section 236.1 shall receive an additional and
consecutive term of imprisonment in the state prison for 5 years for
each additional conviction on charges separately brought and tried.
(d) Every fine imposed and collected pursuant to Section 236.1 and
this section shall be deposited in the Victim-Witness Assistance
Fund, to be administered by the California Emergency Management
Agency (Cal EMA), to fund grants for services for victims of human
trafficking. Seventy percent of the fines collected and deposited
shall be granted to public agencies and nonprofit corporations that
provide shelter, counseling, or other direct services for trafficked
victims. Thirty percent of the fines collected and deposited shall be
granted to law enforcement and prosecution agencies in the
jurisdiction in which the charges were filed to fund human
trafficking prevention, witness protection, and rescue operations.
236.5. (a) Within 15 business days of the first encounter with a
victim of human trafficking, as defined by Section 236.1, law
enforcement agencies shall provide brief letters that satisfy the
following Law Enforcement Agency (LEA) endorsement regulations as
found in paragraph (1) of subdivision (f) of Section 214.11 of Title
8 of the Code of Federal Regulations.
(b) The LEA must be submitted on Supplement B, Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons, of Form
I-914. The LEA endorsement must be filled out completely in
accordance with the instructions contained on the form and must
attach the results of any name or database inquiry performed. In
order to provide persuasive evidence, the LEA endorsement must
contain a description of the victimization upon which the application
is based, including the dates the trafficking in persons and
victimization occurred, and be signed by a supervising official
responsible for the investigation or prosecution of trafficking in
persons. The LEA endorsement must address whether the victim had been
recruited, harbored, transported, provided, or obtained specifically
for either labor or services, or for the purposes of a commercial
sex act.
(c) Where state law enforcement agencies find the grant of a LEA
endorsement to be inappropriate for a victim of trafficking in
persons, the agency shall within 15 days provide the victim with a
letter explaining the grounds of the denial of the LEA. The victim
may submit additional evidence to the law enforcement agency, which
must reconsider the denial of the LEA within one week of the receipt
of additional evidence.
236.6. (a) To prevent dissipation or secreting of assets or
property, the prosecuting agency may, at the same time as or
subsequent to the filing of a complaint or indictment charging human
trafficking under Section 236.1, file a petition with the criminal
division of the superior court of the county in which the accusatory
pleading was filed, seeking a temporary restraining order,
preliminary injunction, the appointment of a receiver, or any other
protective relief necessary to preserve the property or assets. The
filing of the petition shall start a proceeding that shall be pendent
to the criminal proceeding and maintained solely to effect the
remedies available for this crime, including, but not limited to,
payment of restitution and payment of fines. The proceeding shall not
be subject to or governed by the provisions of the Civil Discovery
Act as set forth in Title 4 (commencing with Section 2016.010) of
Part 4 of the Code of Civil Procedure. The petition shall allege that
the defendant has been charged with human trafficking under Section
236.1 and shall identify that criminal proceeding and the assets and
property to be affected by an order issued pursuant to this section.
(b) The prosecuting agency shall, by personal service or
registered mail, provide notice of the petition to every person who
may have an interest in the property specified in the petition.
Additionally, the notice shall be published for at least three
successive weeks in a newspaper of general circulation in the county
where the property affected by the order is located. The notice shall
state that any interested person may file a verified claim with the
superior court stating the nature and amount of his or her claimed
interest. The notice shall set forth the time within which a claim of
interest in the protected property shall be filed.
(c) If the property to be preserved is real property, the
prosecuting agency shall record, at the time of filing the petition,
a lis pendens in each county in which the real property is situated
that specifically identifies the property by legal description, the
name of the owner of record, as shown on the latest equalized
assessment roll, and the assessor’s parcel number.
(d) If the property to be preserved consists of assets under the
control of a banking or financial institution, the prosecuting
agency, at the time of filing the petition, may obtain an order from
the court directing the banking or financial institution to
immediately disclose the account numbers and value of the assets of
the accused held by the banking or financial institution. The
prosecuting agency shall file a supplemental petition, specifically
identifying which banking or financial institution accounts shall be
subject to a temporary restraining order, preliminary injunction, or
other protective remedy.
(e) A person claiming an interest in the protected property or
assets may, at any time within 30 days from the date of the first
publication of the notice of the petition, or within 30 days after
receipt of actual notice, whichever is later, file with the superior
court of the county in which the action is pending a verified claim
stating the nature and amount of his or her interest in the property
or assets. A verified copy of the claim shall be served by the
claimant on the Attorney General or district attorney, as
appropriate.
(f) Concurrent with or subsequent to the filing of the petition,
the prosecuting agency may move the superior court for, and the
superior court may issue, any of the following pendente lite orders
to preserve the status quo of the property or assets alleged in the
petition:
(1) An injunction to restrain any person from transferring,
encumbering, hypothecating, or otherwise disposing of the property or
assets.
(2) Appointment of a receiver to take possession of, care for,
manage, and operate the assets and properties so that they may be
maintained and preserved. The court may order that a receiver
appointed pursuant to this section shall be compensated for all
reasonable expenditures made or incurred by him or her in connection
with the possession, care, management, and operation of property or
assets that are subject to the provisions of this section.
(3) Requiring a bond or other undertaking, in lieu of other
orders, of a value sufficient to ensure the satisfaction of
restitution and fines imposed pursuant to Section 236.1.
(g) The following procedures shall be followed in processing the
petition:
(1) No preliminary injunction shall be granted or receiver
appointed without notice to the interested parties and a hearing to
determine that the order is necessary to preserve the property or
assets, pending the outcome of the criminal proceedings. However, a
temporary restraining order may be issued pending that hearing
pursuant to the provisions of Section 527 of the Code of Civil
Procedure. The temporary restraining order may be based upon the
sworn declaration of a peace officer with personal knowledge of the
criminal investigation that establishes probable cause to believe
that human trafficking has taken place and that the amount of
restitution and fines established pursuant to subdivision (f) exceeds
or equals the worth of the property or assets subject to the
temporary restraining order. The declaration may include the hearsay
statements of witnesses to establish the necessary facts. The
temporary restraining order may be issued without notice upon a
showing of good cause to the court.
(2) The defendant, or a person who has filed a verified claim,
shall have the right to have the court conduct an order to show cause
hearing within 10 days of the service of the request for a hearing
upon the prosecuting agency, in order to determine whether the
temporary restraining order should remain in effect, whether relief
should be granted from a lis pendens recorded pursuant to subdivision
(c), or whether an existing order should be modified in the
interests of justice. Upon a showing of good cause, the hearing shall
be held within two days of the service of the request for a hearing
upon the prosecuting agency.
(3) In determining whether to issue a preliminary injunction or
temporary restraining order in a proceeding brought by a prosecuting
agency in conjunction with or subsequent to the filing of an
allegation pursuant to this section, the court has the discretion to
consider any matter that it deems reliable and appropriate, including
hearsay statements, in order to reach a just and equitable decision.
The court shall weigh the relative degree of certainty of the
outcome on the merits and the consequences to each of the parties of
granting the interim relief. If the prosecution is likely to prevail
on the merits and the risk of the dissipation of assets outweighs the
potential harm to the defendants and the interested parties, the
court shall grant injunctive relief. The court shall give significant
weight to the following factors:
(A) The public interest in preserving the property or assets
pendente lite.
(B) The difficulty of preserving the property or assets pendente
lite where the underlying alleged crimes involve human trafficking.
(C) The fact that the requested relief is being sought by a public
prosecutor on behalf of alleged victims of human trafficking.
(D) The likelihood that substantial public harm has occurred where
the human trafficking is alleged to have been committed.
(E) The significant public interest involved in compensating
victims of human trafficking and paying court-imposed restitution and
fines.
(4) The court, in making its orders, may consider a defendant’s
request for the release of a portion of the property affected by this
section in order to pay reasonable legal fees in connection with the
criminal proceeding, necessary and appropriate living expenses
pending trial and sentencing, and for the purpose of posting bail.
The court shall weigh the needs of the public to retain the property
against the needs of the defendant to a portion of the property. The
court shall consider the factors listed in paragraph (3) prior to
making an order releasing property for these purposes.
(5) The court, in making its orders, shall seek to protect the
interests of innocent third parties, including an innocent spouse,
who were not involved in the commission of criminal activity.
(6) The orders shall be no more extensive than necessary to effect
the remedies available for the crime. In determining the amount of
property to be held, the court shall ascertain the amount of fines
that are assessed for a violation of this chapter and the amount of
possible restitution.
(7) A petition filed pursuant to this section is part of the
criminal proceedings for purposes of appointment of counsel and shall
be assigned to the criminal division of the superior court of the
county in which the accusatory pleading was filed.
(8) Based upon a noticed motion brought by the receiver appointed
pursuant to paragraph (2) of subdivision (f), the court may order an
interlocutory sale of property named in the petition when the
property is liable to perish, to waste, or to be significantly
reduced in value, or when the expenses of maintaining the property
are disproportionate to the value of the property. The proceeds of
the interlocutory sale shall be deposited with the court or as
directed by the court pending determination of the proceeding
pursuant to this section.
(9) The court may make any orders that are necessary to preserve
the continuing viability of a lawful business enterprise that is
affected by the issuance of a temporary restraining order or
preliminary injunction issued pursuant to this section.
(10) In making its orders, the court shall seek to prevent the
property or asset subject to a temporary restraining order or
preliminary injunction from perishing, spoiling, going to waste, or
otherwise being significantly reduced in value. Where the potential
for diminution in value exists, the court shall appoint a receiver to
dispose of or otherwise protect the value of the property or asset.
(11) A preservation order shall not be issued against an asset of
a business that is not likely to be dissipated and that may be
subject to levy or attachment to meet the purposes of this section.
(h) If the allegation of human trafficking is dismissed or found
by the trier of fact to be untrue, a preliminary injunction or
temporary restraining order issued pursuant to this section shall be
dissolved. If a jury is the trier of fact, and the jury is unable to
reach a unanimous verdict, the court shall have the discretion to
continue or dissolve all or a portion of the preliminary injunction
or temporary restraining order based upon the interests of justice.
However, if the prosecuting agency elects not to retry the case, a
preliminary injunction or temporary restraining order issued pursuant
to this section shall be dissolved.
(i) (1) (A) If the defendant is convicted of human trafficking,
the trial judge shall continue the preliminary injunction or
temporary restraining order until the date of the criminal sentencing
and shall make a finding at that time as to what portion, if any, of
the property or assets subject to the preliminary injunction or
temporary restraining order shall be levied upon to pay fines and
restitution to victims of the crime. The order imposing fines and
restitution may exceed the total worth of the property or assets
subjected to the preliminary injunction or temporary restraining
order. The court may order the immediate transfer of the property or
assets to satisfy a restitution order issued pursuant to Section
1202.4 and a fine imposed pursuant to this chapter.
(B) If the execution of judgment is stayed pending an appeal of an
order of the superior court pursuant to this section, the
preliminary injunction or temporary restraining order shall be
maintained in full force and effect during the pendency of the
appellate period.
(2) The order imposing fines and restitution shall not affect the
interest in real property of a third party that was acquired prior to
the recording of the lis pendens, unless the property was obtained
from the defendant other than as a bona fide purchaser for value. If
any assets or property affected by this section are subject to a
valid lien, mortgage, security interest, or interest under a
conditional sales contract and the amount due to the holder of the
lien, mortgage, interest, or contract is less than the appraised
value of the property, that person may pay to the state or the local
government that initiated the proceeding the amount of the difference
between the appraised value of the property and the amount of the
lien, mortgage, security interest, or interest under a conditional
sales contract. Upon that payment, the state or local entity shall
relinquish all claims to the property. If the holder of the interest
elects not to make that payment to the state or local governmental
entity, the interest in the property shall be deemed transferred to
the state or local governmental entity and any indicia of ownership
of the property shall be confirmed in the state or local governmental
entity. The appraised value shall be determined as of the date
judgment is entered either by agreement between the holder of the
lien, mortgage, security interest, or interest under a conditional
sales contract and the governmental entity involved or, if they
cannot agree, then by a court-appointed appraiser for the county in
which the action is brought. A person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract
shall be paid the appraised value of his or her interest.
(3) In making its final order, the court shall seek to protect the
legitimately acquired interests of innocent third parties, including
an innocent spouse, who were not involved in the commission of
criminal activity.
(j) In all cases where property is to be levied upon pursuant to
this section, a receiver appointed by the court shall be empowered to
liquidate all property or assets, which shall be distributed in the
following order of priority:
(1) To the receiver, or court-appointed appraiser, for all
reasonable expenditures made or incurred by him or her in connection
with the sale of the property or liquidation of assets, including all
reasonable expenditures for necessary repairs, storage, or
transportation of property levied upon under this section.
(2) To a holder of a valid lien, mortgage, or security interest,
up to the amount of his or her interest in the property or proceeds.
(3) To a victim as restitution for human trafficking that was
alleged in the accusatory pleading and that was proven by the
prosecution.
(4) For payment of a fine imposed. The proceeds obtained in
payment of a fine shall be paid in the manner set forth in
subdivision (h) of Section 236.1.

236.7. (a) Any interest in a vehicle, boat, airplane, money,
negotiable instruments, securities, real property, or other thing of
value that was put to substantial use for the purpose of facilitating
the crime of human trafficking that involves a commercial sex act,
as defined in paragraph (2) of subdivision (g) of Section 236.1,
where the victim was less than 18 years of age at the time of the
commission of the crime, may be seized and ordered forfeited by the
court upon the conviction of a person guilty of human trafficking
that involves a commercial sex act where the victim is an individual
under 18 years of age, pursuant to Section 236.1.
(b) In any case in which a defendant is convicted of human
trafficking pursuant to Section 236.1 and an allegation is found to
be true that the victim was a person under 18 years of age and the
crime involved a commercial sex act, as defined in paragraph (2) of
subdivision (g) of Section 236.1, the following assets shall be
subject to forfeiture upon proof of the provisions of subdivision (d)
of Section 236.9:
(1) Any property interest, whether tangible or intangible,
acquired through human trafficking that involves a commercial sex act
where the victim was less than 18 years of age at the time of the
commission of the crime.
(2) All proceeds from human trafficking that involves a commercial
sex act where the victim was less than 18 years of age at the time
of the commission of the crime, which property shall include all
things of value that may have been received in exchange for the
proceeds immediately derived from the act.
(c) If a prosecuting agency petitions for forfeiture of an
interest under subdivision (a) or (b), the process prescribed in
Sections 236.8 to 236.12, inclusive, shall apply, but no local or
state prosecuting agency shall be required to petition for forfeiture
in any case.
(d) Real property that is used as a family residence or for other
lawful purposes, or that is owned by two or more persons, one of whom
had no knowledge of its unlawful use, shall not be subject to
forfeiture.
(e) An interest in a vehicle that may be lawfully driven with a
class C, class M1, or class M2 license, as prescribed in Section
12804.9 of the Vehicle Code, may not be forfeited under this section
if there is a community property interest in the vehicle by a person
other than the defendant and the vehicle is the sole vehicle of this
type available to the defendant’s immediate family.
(f) Real property subject to forfeiture may not be seized, absent
exigent circumstances, without notice to the interested parties and a
hearing to determine that seizure is necessary to preserve the
property pending the outcome of the proceedings. At the hearing, the
prosecution shall bear the burden of establishing that probable cause
exists for the forfeiture of the property and that seizure is
necessary to preserve the property pending the outcome of the
forfeiture proceedings. The court may issue a seizure order pursuant
to this section if it finds that seizure is warranted or a pendente
lite order pursuant to Section 236.10 if it finds that the status quo
or value of the property can be preserved without seizure.
(g) For purposes of this section, no allegation or proof of a
pattern of criminal profiteering activity is required.

236.8. (a) If the prosecuting agency, in conjunction with the
criminal proceeding, files a petition of forfeiture with the superior
court of the county in which the defendant has been charged with
human trafficking that involves a commercial sex act, as defined in
paragraph (2) of subdivision (g) of Section 236.1, where the victim
was less than 18 years of age at the time of the commission of the
crime, the prosecuting agency shall make service of process of a
notice regarding that petition upon every individual who may have a
property interest in the alleged proceeds or instruments. The notice
shall state that any interested party may file a verified claim with
the superior court stating the amount of their claimed interest and
an affirmation or denial of the prosecuting agency’s allegation. If
the notice cannot be given by registered mail or personal delivery,
the notice shall be published for at least three successive weeks in
a newspaper of general circulation in the county where the property
is located. If the property alleged to be subject to forfeiture is
real property, the prosecuting agency shall, at the time of filing
the petition of forfeiture, record a lis pendens with the county
recorder in each county in which the real property is situated that
specifically identifies the real property alleged to be subject to
forfeiture. The judgment of forfeiture shall not affect the interest
in real property of a third party that was acquired prior to the
recording of the lis pendens.
(b) All notices shall set forth the time within which a claim of
interest in the property seized is required to be filed pursuant to
Section 236.9.
236.9. (a) A person claiming an interest in the property, proceeds,
or instruments may, at any time within 30 days from the date of the
first publication of the notice of seizure or within 30 days after
receipt of actual notice, file with the superior court of the county
in which the action is pending a verified claim stating his or her
interest in the property, proceeds, or instruments. A verified copy
of the claim shall be given by the claimant to the Attorney General
or district attorney, as appropriate.
(b) (1) If, at the end of the time set forth in subdivision (a),
an interested person, other than the defendant, has not filed a
claim, the court, upon motion, shall declare that the person has
defaulted upon his or her alleged interest and the interest shall be
subject to forfeiture upon proof of the provisions of subdivision
(d).
(2) The defendant may admit or deny that the property is subject
to forfeiture pursuant to the provisions of this chapter. If the
defendant fails to admit or deny or to file a claim of interest in
the property, proceeds, or instruments, the court shall enter a
response of denial on behalf of the defendant.
(c) (1) The forfeiture proceeding shall be set for hearing in the
superior court in which the underlying criminal offense will be
tried.
(2) If the defendant is found guilty of the underlying offense,
the issue of forfeiture shall be promptly tried, either before the
same jury or before a new jury in the discretion of the court, unless
waived by the consent of all parties.
(d) At the forfeiture hearing, the prosecuting agency shall have
the burden of establishing beyond a reasonable doubt that the
property alleged in the petition comes within the provisions of
Section 236.7.
(e) Unless the trier of fact finds that the seized property was
used for a purpose for which forfeiture is permitted, the court shall
order the seized property released to the person that the court
determines is entitled to possession of that property. If the trier
of fact finds that the seized property was used for a purpose for
which forfeiture is permitted, but does not find that a person who
has a valid interest in the property had actual knowledge that the
property would be or was used for a purpose for which forfeiture is
permitted and consented to that use, the court shall order the
property released to the claimant.
236.10. (a) Concurrent with or subsequent to the filing of the
petition, the prosecuting agency may move the superior court for, and
the superior court may issue, the following pendente lite orders to
preserve the status quo of the property alleged in the petition:
(1) An injunction to restrain anyone from transferring,
encumbering, hypothecating, or otherwise disposing of the property.
(2) Appointment of a receiver to take possession of, care for,
manage, and operate the assets and properties so that the property
may be maintained and preserved. The court may order that a receiver
appointed pursuant to this section be compensated for all reasonable
expenditures made or incurred by him or her in connection with the
possession, care, management, and operation of property or assets
that are subject to the provisions of this section.
(b) No preliminary injunction may be granted or receiver appointed
without notice to the interested parties and a hearing to determine
that an order is necessary to preserve the property, pending the
outcome of the criminal proceedings, and that there is probable cause
to believe that the property alleged in the forfeiture proceedings
are proceeds, instruments, or property interests forfeitable under
the provisions of Section 236.7. However, a temporary restraining
order may issue pending that hearing pursuant to the provisions of
Section 527 of the Code of Civil Procedure.
(c) Notwithstanding any other provision of law, the court in
granting these motions may order a surety bond or undertaking to
preserve the property interests of the interested parties.
(d) The court shall, in making its orders, seek to protect the
interests of those who may be involved in the same enterprise as the
defendant, but who were not involved in human trafficking that
involves a commercial sex act, as defined in paragraph (2) of
subdivision (g) of Section 236.1, where the victim was less than 18
years of age at the time of the commission of the crime.
236.11. (a) If the trier of fact at the forfeiture hearing finds
that the alleged property, instruments, or proceeds are forfeitable
pursuant to Section 236.7 and the defendant was engaged in human
trafficking that involves a commercial sex act, as defined in
paragraph (2) of subdivision (g) of Section 236.1, where the victim
was less than 18 years of age at the time of the commission of the
crime, the court shall declare that property or proceeds forfeited to
the state or local governmental entity, subject to distribution as
provided in Section 236.12. No property solely owned by a bona fide
purchaser for value shall be subject to forfeiture.
(b) If the trier of fact at the forfeiture hearing finds that the
alleged property is forfeitable pursuant to Section 236.7 but does
not find that a person holding a valid lien, mortgage, security
interest, or interest under a conditional sales contract acquired
that interest with actual knowledge that the property was to be used
for a purpose for which forfeiture is permitted, and the amount due
to that person is less than the appraised value of the property, that
person may pay to the state or the local governmental entity that
initiated the forfeiture proceeding the amount of the registered
owner’s equity, which shall be deemed to be the difference between
the appraised value and the amount of the lien, mortgage, security
interest, or interest under a conditional sales contract. Upon
payment, the state or local governmental entity shall relinquish all
claims to the property. If the holder of the interest elects not to
pay the state or local governmental entity, the property shall be
deemed forfeited to the state or local governmental entity and the
ownership certificate shall be forwarded. The appraised value shall
be determined as of the date judgment is entered either by agreement
between the legal owner and the governmental entity involved, or, if
they cannot agree, by a court-appointed appraiser for the county in
which the action is brought. A person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract
shall be paid the appraised value of his or her interest.
(c) If the amount due to a person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract is
less than the value of the property and the person elects not to make
payment to the governmental entity, the property shall be sold at
public auction by the Department of General Services or by the local
governmental entity. The seller shall provide notice of the sale by
one publication in a newspaper published and circulated in the city,
community, or locality where the sale is to take place.
(d) Notwithstanding subdivision (c), a county may dispose of real
property forfeited to the county pursuant to this chapter by the
process prescribed in Section 25538.5 of the Government Code.

236.12. Notwithstanding that no response or claim has been filed
pursuant to Section 236.9, in all cases where property is forfeited
pursuant to this chapter and, if necessary, sold by the Department of
General Services or local governmental entity, the money forfeited
or the proceeds of sale shall be distributed by the state or local
governmental entity as follows:
(a) To the bona fide or innocent purchaser, conditional sales
vendor, or holder of a valid lien, mortgage, or security interest, if
any, up to the amount of his or her interest in the property or
proceeds, when the court declaring the forfeiture orders a
distribution to that person. The court shall endeavor to discover all
those lienholders and protect their interests and may, at its
discretion, order the proceeds placed in escrow for up to an
additional 60 days to ensure that all valid claims are received and
processed.
(b) To the Department of General Services or local governmental
entity for all expenditures made or incurred by it in connection with
the sale of the property, including expenditures for necessary
repairs, storage, or transportation of property seized under this
chapter.
(c) (1) Fifty percent to the General Fund of the state or local
governmental entity, whichever prosecutes or handles the forfeiture
hearing.
(2) Fifty percent to the Victim-Witness Assistance Fund to be used
upon appropriation for grants to community-based organizations that
serve victims of human trafficking.

237. (a) False imprisonment is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in the county jail
for not more than one year, or by both that fine and imprisonment. If
the false imprisonment be effected by violence, menace, fraud, or
deceit, it shall be punishable by imprisonment pursuant to
subdivision (h) of Section 1170.
(b) False imprisonment of an elder or dependent adult by use of
violence, menace, fraud, or deceit shall be punishable as described
in subdivision (f) of Section 368.

PENAL CODE
SECTION 240-248

240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.

241. (a) An assault is punishable by a fine not exceeding one

thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or by both the fine and imprisonment.
(b) When an assault is committed against the person of a parking
control officer engaged in the performance of his or her duties, and
the person committing the offense knows or reasonably should know
that the victim is a parking control officer, the assault is
punishable by a fine not exceeding two thousand dollars ($2,000), or
by imprisonment in the county jail not exceeding six months, or by
both the fine and imprisonment.
(c) When an assault is committed against the person of a peace
officer, firefighter, emergency medical technician, mobile intensive
care paramedic, lifeguard, process server, traffic officer, code
enforcement officer, animal control officer, or search and rescue
member engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know that
the victim is a peace officer, firefighter, emergency medical
technician, mobile intensive care paramedic, lifeguard, process
server, traffic officer, code enforcement officer, animal control
officer, or search and rescue member engaged in the performance of
his or her duties, or a physician or nurse engaged in rendering
emergency medical care, the assault is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in a
county jail not exceeding one year, or by both the fine and
imprisonment.
(d) As used in this section, the following definitions apply:
(1) Peace officer means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) “Emergency medical technician” means a person possessing a
valid course completion certificate from a program approved by the
State Department of Health Care Services for the medical training and
education of ambulance personnel, and who meets the standards of
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(3) “Mobile intensive care paramedic” refers to those persons who
meet the standards set forth in Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(4) “Nurse” means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(5) “Lifeguard” means a person who is:
(A) Employed as a lifeguard by the state, a county, or a city, and
is designated by local ordinance as a public officer who has a duty
and responsibility to enforce local ordinances and misdemeanors
through the issuance of citations.
(B) Wearing distinctive clothing which includes written
identification of the person’s status as a lifeguard and which
clearly identifies the employing organization.
(6) “Process server” means any person who meets the standards or
is expressly exempt from the standards set forth in Section 22350 of
the Business and Professions Code.
(7) “Traffic officer” means any person employed by a county or
city to monitor and enforce state laws and local ordinances relating
to parking and the operation of vehicles.
(8) “Animal control officer” means any person employed by a county
or city for purposes of enforcing animal control laws or
regulations.
(9) (A) “Code enforcement officer” means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, that has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
(B) “Code enforcement officer” also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the Manufactured Housing
Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of
the Health and Safety Code); the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code); and the Special Occupancy Parks Act (Part 2.3
(commencing with Section 18860) of Division 13 of the Health and
Safety Code).
(10) “Parking control officer” means any person employed by a
city, county, or city and county, to monitor and enforce state laws
and local ordinances relating to parking.
(11) “Search and rescue member” means any person who is part of an
organized search and rescue team managed by a governmental agency.
241.1. When an assault is committed against the person of a
custodial officer as defined in Section 831 or 831.5, and the person
committing the offense knows or reasonably should know that the
victim is a custodial officer engaged in the performance of his or
her duties, the offense shall be punished by imprisonment in the
county jail not exceeding one year or by imprisonment pursuant to
subdivision (h) of Section 1170.

241.2. (a) (1) When an assault is committed on school or park
property against any person, the assault is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both that fine and
imprisonment.
(2) When a violation of this section is committed by a minor on
school property, the court may, in addition to any other fine,
sentence, or as a condition of probation, order the minor to attend
counseling as deemed appropriate by the court at the expense of the
minor’s parents. The court shall take into consideration the ability
of the minor’s parents to pay, however, no minor shall be relieved of
attending counseling because of the minor’s parents’ inability to
pay for the counseling imposed by this section.
(b) “School,” as used in this section, means any elementary
school, junior high school, four-year high school, senior high
school, adult school or any branch thereof, opportunity school,
continuation high school, regional occupational center, evening high
school, technical school, or community college.
(c) “Park,” as used in this section, means any publicly maintained
or operated park. It does not include any facility when used for
professional sports or commercial events.
241.3. (a) When an assault is committed against any person on the
property of, or on a motor vehicle of, a public transportation
provider, the offense shall be punished by a fine not to exceed two
thousand dollars ($2,000), or by imprisonment in a county jail not to
exceed one year, or by both the fine and imprisonment.
(b) As used in this section, “public transportation provider”
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in air,
or that operates a schoolbus.
(c) As used in this section, “on the property of” means the entire
station where public transportation is available, including the
parking lot reserved for the public who utilize the transportation
system.

241.4. An assault is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or by both. When the assault is committed against the
person of a peace officer engaged in the performance of his or her
duties as a member of a police department of a school district
pursuant to Section 38000 of the Education Code, and the person
committing the offense knows or reasonably should know that the
victim is a peace officer engaged in the performance of his or her
duties, the offense shall be punished by imprisonment in the county
jail not exceeding one year or by imprisonment pursuant to
subdivision (h) of Section 1170.

241.5. (a) When an assault is committed against a highway worker
engaged in the performance of his or her duties and the person
committing the offense knows or reasonably should know that the
victim is a highway worker engaged in the performance of his or her
duties, the offense shall be punishable by a fine not to exceed two
thousand dollars ($2,000) or by imprisonment in a county jail up to
one year or by both that fine and imprisonment.
(b) As used in this section, “highway worker” means an employee of
the Department of Transportation, a contractor or employee of a
contractor while working under contract with the Department of
Transportation, an employee of a city, county, or city and county, a
contractor or employee of a contractor while working under contract
with a city, county, or city and county, or a volunteer as defined in
Section 1720.4 of the Labor Code who does one or more of the
following:
(1) Performs maintenance, repair, or construction of state highway
or local street or road infrastructures and associated rights-of-way
in highway or local street or road work zones.
(2) Operates equipment on state highway or local street or road
infrastructures and associated rights-of-way in highway or local
street or road work zones.
(3) Performs any related maintenance work, as required, on state
highway or local street or road infrastructures in highway or local
street or road work zones.
241.6. When an assault is committed against a school employee
engaged in the performance of his or her duties, or in retaliation
for an act performed in the course of his or her duties, whether on
or off campus, during the schoolday or at any other time, and the
person committing the offense knows or reasonably should know the
victim is a school employee, the assault is punishable by
imprisonment in a county jail not exceeding one year, or by a fine
not exceeding two thousand dollars ($2,000), or by both the fine and
imprisonment.
For purposes of this section, “school employee” has the same
meaning as defined in subdivision (d) of Section 245.5.
This section shall not apply to conduct arising during the course
of an otherwise lawful labor dispute.

241.7. Any person who is a party to a civil or criminal action in
which a jury has been selected to try the case and who, while the
legal action is pending or after the conclusion of the trial, commits
an assault against any juror or alternate juror who was selected and
sworn in that legal action, shall be punished by a fine not to
exceed two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both such fine and
imprisonment, or by imprisonment pursuant to subdivision (h) of
Section 1170.
241.8. (a) Any person who commits an assault against a member of
the United States Armed Forces because of the victim’s service in the
United States Armed Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment.
(b) “Because of” means that the bias motivation must be a cause in
fact of the assault, whether or not other causes exist. When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the assault.

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

243. (a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
(b) When a battery is committed against the person of a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, security officer, custody assistant, process
server, traffic officer, code enforcement officer, animal control
officer, or search and rescue member engaged in the performance of
his or her duties, whether on or off duty, including when the peace
officer is in a police uniform and is concurrently performing the
duties required of him or her as a peace officer while also employed
in a private capacity as a part-time or casual private security guard
or patrolman, or a nonsworn employee of a probation department
engaged in the performance of his or her duties, whether on or off
duty, or a physician or nurse engaged in rendering emergency medical
care outside a hospital, clinic, or other health care facility, and
the person committing the offense knows or reasonably should know
that the victim is a peace officer, custodial officer, firefighter,
emergency medical technician, lifeguard, security officer, custody
assistant, process server, traffic officer, code enforcement officer,
animal control officer, or search and rescue member engaged in the
performance of his or her duties, nonsworn employee of a probation
department, or a physician or nurse engaged in rendering emergency
medical care, the battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(c) (1) When a battery is committed against a custodial officer,
firefighter, emergency medical technician, lifeguard, process server,
traffic officer, or animal control officer engaged in the
performance of his or her duties, whether on or off duty, or a
nonsworn employee of a probation department engaged in the
performance of his or her duties, whether on or off duty, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know that
the victim is a nonsworn employee of a probation department,
custodial officer, firefighter, emergency medical technician,
lifeguard, process server, traffic officer, or animal control officer
engaged in the performance of his or her duties, or a physician or
nurse engaged in rendering emergency medical care, and an injury is
inflicted on that victim, the battery is punishable by a fine of not
more than two thousand dollars ($2,000), by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment,
or by imprisonment pursuant to subdivision (h) of Section 1170 for 16
months, or two or three years.
(2) When the battery specified in paragraph (1) is committed
against a peace officer engaged in the performance of his or her
duties, whether on or off duty, including when the peace officer is
in a police uniform and is concurrently performing the duties
required of him or her as a peace officer while also employed in a
private capacity as a part-time or casual private security guard or
patrolman and the person committing the offense knows or reasonably
should know that the victim is a peace officer engaged in the
performance of his or her duties, the battery is punishable by a fine
of not more than ten thousand dollars ($10,000), or by imprisonment
in a county jail not exceeding one year or pursuant to subdivision
(h) of Section 1170 for 16 months, or two or three years, or by both
that fine and imprisonment.
(d) When a battery is committed against any person and serious
bodily injury is inflicted on the person, the battery is punishable
by imprisonment in a county jail not exceeding one year or
imprisonment pursuant to subdivision (h) of Section 1170 for two,
three, or four years.
(e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant’s child, former spouse, fiancé, or fiancée, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the execution
or imposition of the sentence is suspended, it shall be a condition
thereof that the defendant participate in, for no less than one year,
and successfully complete, a batterer’s treatment program, as
described in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However, this
provision shall not be construed as requiring a city, a county, or a
city and county to provide a new program or higher level of service
as contemplated by Section 6 of Article XIII B of the California
Constitution.
(2) Upon conviction of a violation of this subdivision, if
probation is granted, the conditions of probation may include, in
lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women’s
shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant’s offense.
For any order to pay a fine, make payments to a battered women’s
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant’s
ability to pay. In no event shall any order to make payments to a
battered women’s shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. 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 this section, 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 section, until all separate property of the
offending spouse is exhausted.
(3) Upon conviction of a violation of this subdivision, if
probation is granted or the execution or imposition of the sentence
is suspended and the person has been previously convicted of a
violation of this subdivision and sentenced under paragraph (1), the
person shall be imprisoned for not less than 48 hours in addition to
the conditions in paragraph (1). However, the court, upon a showing
of good cause, may elect not to impose the mandatory minimum
imprisonment as required by this subdivision and may, under these
circumstances, grant probation or order the suspension of the
execution or imposition of the sentence.
(4) The Legislature finds and declares that these specified crimes
merit special consideration when imposing a sentence so as to
display society’s condemnation for these crimes of violence upon
victims with whom a close relationship has been formed.
(5) If a peace officer makes an arrest for a violation of
paragraph (1) of subdivision (e) of this section, the peace officer
is not required to inform the victim of his or her right to make a
citizen’s arrest pursuant to subdivision (b) of Section 836.
(f) As used in this section:
(1) “Peace officer” means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) “Emergency medical technician” means a person who is either an
EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid
certificate or license in accordance with the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety Code.
(3) “Nurse” means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(4) “Serious bodily injury” means a serious impairment of physical
condition, including, but not limited to, the following: loss of
consciousness; concussion; bone fracture; protracted loss or
impairment of function of any bodily member or organ; a wound
requiring extensive suturing; and serious disfigurement.
(5) “Injury” means any physical injury which requires professional
medical treatment.
(6) “Custodial officer” means any person who has the
responsibilities and duties described in Section 831 and who is
employed by a law enforcement agency of any city or county or who
performs those duties as a volunteer.
(7) “Lifeguard” means a person defined in paragraph (5) of
subdivision (d) of Section 241.
(8) “Traffic officer” means any person employed by a city, county,
or city and county to monitor and enforce state laws and local
ordinances relating to parking and the operation of vehicles.
(9) “Animal control officer” means any person employed by a city,
county, or city and county for purposes of enforcing animal control
laws or regulations.
(10) “Dating relationship” means frequent, intimate associations
primarily characterized by the expectation of affectional or sexual
involvement independent of financial considerations.
(11) (A) “Code enforcement officer” means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, who has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
(B) “Code enforcement officer” also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the Manufactured Housing
Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of
the Health and Safety Code); the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code); and the Special Occupancy Parks Act (Part 2.3
(commencing with Section 18860) of Division 13 of the Health and
Safety Code).
(12) “Custody assistant” means any person who has the
responsibilities and duties described in Section 831.7 and who is
employed by a law enforcement agency of any city, county, or city and
county.
(13) “Search and rescue member” means any person who is part of an
organized search and rescue team managed by a government agency.
(14) “Security officer” means any person who has the
responsibilities and duties described in Section 831.4 and who is
employed by a law enforcement agency of any city, county, or city and
county.
(g) It is the intent of the Legislature by amendments to this
section at the 1981-82 and 1983-84 Regular Sessions to abrogate the
holdings in cases such as People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, while wearing a police uniform as private
security guards or patrolmen and to allow the exercise of peace
officer powers concurrently with that employment.

243.1. When a battery is committed against the person of a
custodial officer as defined in Section 831 of the Penal Code, and
the person committing the offense knows or reasonably should know
that the victim is a custodial officer engaged in the performance of
his or her duties, and the custodial officer is engaged in the
performance of his or her duties, the offense shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170.

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

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

243.3. When a battery is committed against the person of an
operator, driver, or passenger on a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in the
air, used for the transportation of persons for hire, or against a
schoolbus driver, or against the person of a station agent or ticket
agent for the entity providing the transportation, and the person who
commits the offense knows or reasonably should know that the victim,
in the case of an operator, driver, or agent, is engaged in the
performance of his or her duties, or is a passenger the offense shall
be punished by a fine not exceeding ten thousand dollars ($10,000),
or by imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment. If an injury is inflicted on that
victim, the offense shall be punished by a fine not exceeding ten
thousand dollars ($10,000), or by imprisonment in a county jail not
exceeding one year or in the state prison for 16 months, or two or
three years, or by both that fine and imprisonment.
243.35. (a) Except as provided in Section 243.3, when a battery is
committed against any person on the property of, or in a motor
vehicle of, a public transportation provider, the offense shall be
punished by a fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both the
fine and imprisonment.
(b) As used in this section, “public transportation provider”
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended in air,
or that operates a schoolbus.
(c) As used in this section, “on the property of” means the entire
station where public transportation is available, including the
parking lot reserved for the public who utilize the transportation
system.
243.4. (a) Any person who touches an intimate part of another
person while that person is unlawfully restrained by the accused or
an accomplice, and if the touching is against the will of the person
touched and is for the purpose of sexual arousal, sexual
gratification, or sexual abuse, is guilty of sexual battery. A
violation of this subdivision is punishable by imprisonment in a
county jail for not more than one year, and by a fine not exceeding
two thousand dollars ($2,000); or by imprisonment in the state prison
for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
(b) Any person who touches an intimate part of another person who
is institutionalized for medical treatment and who is seriously
disabled or medically incapacitated, if the touching is against the
will of the person touched, and if the touching is for the purpose of
sexual arousal, sexual gratification, or sexual abuse, is guilty of
sexual battery. A violation of this subdivision is punishable by
imprisonment in a county jail for not more than one year, and by a
fine not exceeding two thousand dollars ($2,000); or by imprisonment
in the state prison for two, three, or four years, and by a fine not
exceeding ten thousand dollars ($10,000).
(c) Any person who touches an intimate part of another person for
the purpose of sexual arousal, sexual gratification, or sexual abuse,
and the victim is at the time unconscious of the nature of the act
because the perpetrator fraudulently represented that the touching
served a professional purpose, is guilty of sexual battery. A
violation of this subdivision is punishable by imprisonment in a
county jail for not more than one year, and by a fine not exceeding
two thousand dollars ($2,000); or by imprisonment in the state prison
for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
(d) Any person who, for the purpose of sexual arousal, sexual
gratification, or sexual abuse, causes another, against that person’s
will while that person is unlawfully restrained either by the
accused or an accomplice, or is institutionalized for medical
treatment and is seriously disabled or medically incapacitated, to
masturbate or touch an intimate part of either of those persons or a
third person, is guilty of sexual battery. A violation of this
subdivision is punishable by imprisonment in a county jail for not
more than one year, and by a fine not exceeding two thousand dollars
($2,000); or by imprisonment in the state prison for two, three, or
four years, and by a fine not exceeding ten thousand dollars
($10,000).
(e) (1) Any person who touches an intimate part of another person,
if the touching is against the will of the person touched, and is
for the specific purpose of sexual arousal, sexual gratification, or
sexual abuse, is guilty of misdemeanor sexual battery, punishable by
a fine not exceeding two thousand dollars ($2,000), or by
imprisonment in a county jail not exceeding six months, or by both
that fine and imprisonment. However, if the defendant was an employer
and the victim was an employee of the defendant, the misdemeanor
sexual battery shall be punishable by a fine not exceeding three
thousand dollars ($3,000), by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
Notwithstanding any other provision of law, any amount of a fine
above two thousand dollars ($2,000) which is collected from a
defendant for a violation of this subdivision shall be transmitted to
the State Treasury and, upon appropriation by the Legislature,
distributed to the Department of Fair Employment and Housing for the
purpose of enforcement of the California Fair Employment and Housing
Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title
2 of the Government Code), including, but not limited to, laws that
proscribe sexual harassment in places of employment. However, in no
event shall an amount over two thousand dollars ($2,000) be
transmitted to the State Treasury until all fines, including any
restitution fines that may have been imposed upon the defendant, have
been paid in full.
(2) As used in this subdivision, “touches” means physical contact
with another person, whether accomplished directly, through the
clothing of the person committing the offense, or through the
clothing of the victim.
(f) As used in subdivisions (a), (b), (c), and (d), “touches”
means physical contact with the skin of another person whether
accomplished directly or through the clothing of the person
committing the offense.
(g) As used in this section, the following terms have the
following meanings:
(1) “Intimate part” means the sexual organ, anus, groin, or
buttocks of any person, and the breast of a female.
(2) “Sexual battery” does not include the crimes defined in
Section 261 or 289.
(3) “Seriously disabled” means a person with severe physical or
sensory disabilities.
(4) “Medically incapacitated” means a person who is incapacitated
as a result of prescribed sedatives, anesthesia, or other medication.
(5) “Institutionalized” means a person who is located voluntarily
or involuntarily in a hospital, medical treatment facility, nursing
home, acute care facility, or mental hospital.
(6) “Minor” means a person under 18 years of age.
(h) This section shall not be construed to limit or prevent
prosecution under any other law which also proscribes a course of
conduct that also is proscribed by this section.
(i) In the case of a felony conviction for a violation of this
section, the fact that the defendant was an employer and the victim
was an employee of the defendant shall be a factor in aggravation in
sentencing.
(j) A person who commits a violation of subdivision (a), (b), (c),
or (d) against a minor when the person has a prior felony conviction
for a violation of this section shall be guilty of a felony,
punishable by imprisonment in the state prison for two, three, or
four years and a fine not exceeding ten thousand dollars ($10,000).

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

243.6. When a battery is committed against a school employee
engaged in the performance of his or her duties, or in retaliation
for an act performed in the course of his or her duties, whether on
or off campus, during the schoolday or at any other time, and the
person committing the offense knows or reasonably should know that
the victim is a school employee, the battery is punishable by
imprisonment in a county jail not exceeding one year, or by a fine
not exceeding two thousand dollars ($2,000), or by both the fine and
imprisonment. However, if an injury is inflicted on the victim, the
battery shall be punishable by imprisonment in a county jail for not
more than one year, or by a fine of not more than two thousand
dollars ($2,000), or by imprisonment pursuant to subdivision (h) of
Section 1170 for 16 months, or two or three years.
For purposes of this section, “school employee” has the same
meaning as defined in subdivision (d) of Section 245.5.
This section shall not apply to conduct arising during the course
of an otherwise lawful labor dispute.

243.65. (a) When a battery is committed against the person of a
highway worker engaged in the performance of his or her duties and
the person committing the offense knows or reasonably should know
that the victim is a highway worker engaged in the performance of his
or her duties, the offense shall be punished by a fine not exceeding
two thousand dollars ($2,000), or by imprisonment in a county jail
not exceeding one year, or by both that fine and imprisonment.
(b) As used in this section, “highway worker” means an employee of
the Department of Transportation, a contractor or employee of a
contractor while working under contract with the Department of
Transportation, an employee of a city, county, or city and county, a
contractor or employee of a contractor while working under contract
with a city, county, or city and county, or a volunteer as defined in
Section 1720.4 of the Labor Code who does one or more of the
following:
(1) Performs maintenance, repair, or construction of state highway
or local street or road infrastructures and associated rights-of-way
in highway or local street or road work zones.
(2) Operates equipment on state highway or local street or road
infrastructures and associated rights-of-way in highway or local
street or road work zones.
(3) Performs any related maintenance work, as required, on state
highway or local street or road infrastructures in highway or local
street or road work zones.

243.7. Any person who is a party to a civil or criminal action in
which a jury has been selected to try the case and who, while the
legal action is pending or after the conclusion of the trial commits
a battery against any juror or alternate juror who was selected and
sworn in that legal action shall be punished by a fine not to exceed
five thousand dollars ($5,000), or by imprisonment in the county jail
not exceeding one year, or by both such fine and imprisonment, or by
the imprisonment in the state prison for 16 months, or for two or
three years.
243.8. (a) When a battery is committed against a sports official
immediately prior to, during, or immediately following an
interscholastic, intercollegiate, or any other organized amateur or
professional athletic contest in which the sports official is
participating, and the person who commits the offense knows or
reasonably should know that the victim is engaged in the performance
of his or her duties, the offense shall be punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in the
county jail not exceeding one year, or by both that fine and
imprisonment.
(b) For purposes of this section, “sports official” means any
individual who serves as a referee, umpire, linesman, or who serves
in a similar capacity but may be known by a different title or name
and is duly registered by, or a member of, a local, state, regional,
or national organization engaged in part in providing education and
training to sports officials.

243.83. (a) It is unlawful for any person attending a professional
sporting event to do any of the following:
(1) Throw any object on or across the court or field of play with
the intent to interfere with play or distract a player.
(2) Enter upon the court or field of play without permission from
an authorized person any time after the authorized participants of
play have entered the court or field to begin the sporting event and
until the participants of play have completed the playing time of the
sporting event.
(b) (1) The owner of the facility in which a professional sporting
event is to be held shall provide a notice specifying the unlawful
activity prohibited by this section and the punishment for engaging
in that prohibited activity.
(2) The notice shall be prominently displayed throughout the
facility or may be provided by some other manner, such as on a big
screen or by a general public announcement. In addition, notice shall
be posted at all controlled entry areas of the sporting facility.
(3) Failure to provide the notice shall not be a defense to a
violation of this section.
(c) For the purposes of this section, the following terms have the
following meanings:
(1) “Player” includes any authorized participant of play,
including, but not limited to, team members, referees however
designated, and support staff, whether or not any of those persons
receive compensation.
(2) “Professional sporting event” means a scheduled sporting event
involving a professional sports team or organization or a
professional athlete for which an admission fee is charged to the
public.
(d) A violation of subdivision (a) is an infraction punishable by
a fine not exceeding two hundred fifty dollars ($250). The fine shall
not be subject to penalty assessments as provided in Section 1464 or
1465.7 of this code or Section 76000 of the Government Code.
(e) This section shall apply to attendees at professional sporting
events; this section shall not apply to players or to sports
officials, as defined in Section 243.8.
(f) Nothing in this section shall be construed to limit or prevent
prosecution under any applicable provision of law.

243.85. The owner of any professional sports facility shall post,
visible from a majority of the seating in the stands at all times, at
controlled entry areas, and at parking facilities that are part of
the professional sports facility, written notices displaying the text
message number and telephone number to contact security in order to
report a violent act.

243.9. (a) Every person confined in any local detention facility
who commits a battery by gassing upon the person of any peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, or employee of the local detention facility is
guilty of aggravated battery and shall be punished by imprisonment in
a county jail or by imprisonment in the state prison for two, three,
or four years.
(b) For purposes of this section, “gassing” means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact
with the person’s skin or membranes.
(c) The person in charge of the local detention facility shall use
every available means to immediately investigate all reported or
suspected violations of subdivision (a), including, but not limited
to, the use of forensically acceptable means of preserving and
testing the suspected gassing substance to confirm the presence of
human excrement or other bodily fluids or bodily substances. If there
is probable cause to believe that the inmate has violated
subdivision (a), the chief medical officer of the local detention
facility, or his or her designee, may, when he or she deems it
medically necessary to protect the health of an officer or employee
who may have been subject to a violation of this section, order the
inmate to receive an examination or test for hepatitis or
tuberculosis or both hepatitis and tuberculosis on either a voluntary
or involuntary basis immediately after the event, and periodically
thereafter as determined to be necessary by the medical officer in
order to ensure that further hepatitis or tuberculosis transmission
does not occur. These decisions shall be consistent with an
occupational exposure as defined by the Center for Disease Control
and Prevention. The results of any examination or test shall be
provided to the officer or employee who has been subject to a
reported or suspected violation of this section. Nothing in this
subdivision shall be construed to otherwise supersede the operation
of Title 8 (commencing with Section 7500). Any person performing
tests, transmitting test results, or disclosing information pursuant
to this section shall be immune from civil liability for any action
taken in accordance with this section.
(d) The person in charge of the local detention facility shall
refer all reports for which there is probable cause to believe that
the inmate has violated subdivision (a) to the local district
attorney for prosecution.
(e) Nothing in this section shall preclude prosecution under both
this section and any other provision of law.
243.10. (a) Any person who commits a battery against a member of
the United States Armed Forces because of the victim’s service in the
United States Armed Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment.
(b) “Because of” means that the bias motivation must be a cause in
fact of the battery, whether or not other causes exist. When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the battery.

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

244.5. (a) As used in this section, “stun gun” means any item,
except a less lethal weapon, as defined in Section 16780, used or
intended to be used as either an offensive or defensive weapon that
is capable of temporarily immobilizing a person by the infliction of
an electrical charge.
(b) Every person who commits an assault upon the person of another
with a stun gun or less lethal weapon, as defined in Section 16780,
shall be punished by imprisonment in a county jail for a term not
exceeding one year, or by imprisonment pursuant to subdivision (h) of
Section 1170 for 16 months, two, or three years.
(c) Every person who commits an assault upon the person of a peace
officer or firefighter with a stun gun or less lethal weapon, as
defined in Section 16780, who knows or reasonably should know that
the person is a peace officer or firefighter engaged in the
performance of his or her duties, when the peace officer or
firefighter is engaged in the performance of his or her duties, shall
be punished by imprisonment in the county jail for a term not
exceeding one year, or by imprisonment pursuant to subdivision (h) of
Section 1170 for two, three, or four years.
(d) This section shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.

245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
(2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 16880, or an assault weapon,
as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined
in Section 30530, shall be punished by imprisonment in the state
prison for 4, 8, or 12 years.
(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon or
instrument, other than a firearm, or by any means likely to produce
great bodily injury upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the victim
is a peace officer or firefighter engaged in the performance of his
or her duties, when the peace officer or firefighter is engaged in
the performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) (1) Any person who commits an assault with a firearm upon the
person of a peace officer or firefighter, and who knows or reasonably
should know that the victim is a peace officer or firefighter
engaged in the performance of his or her duties, when the peace
officer or firefighter is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for
four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace
officer or firefighter with a semiautomatic firearm and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the state prison
for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as
defined in Section 16880, or an assault weapon, as defined in Section
30510 or 30515, or a .50 BMG rifle, as defined in Section 30530,
upon the person of a peace officer or firefighter, and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for 6, 9, or 12 years.
(e) When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument or firearm, and
the weapon or instrument or firearm is owned by that person, the
court shall order that the weapon or instrument or firearm be deemed
a nuisance, and it shall be confiscated and disposed of in the manner
provided by Sections 18000 and 18005.
(f) As used in this section, “peace officer” refers to any person
designated as a peace officer in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.

245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm shall
be punished by imprisonment in the state prison for two, three, or
four years, or in a county jail for not exceeding one year, or by a
fine not exceeding ten thousand dollars ($10,000), or by both the
fine and imprisonment.
(2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state prison
for two, three, or four years, or in a county jail for not less than
six months and not exceeding one year, or by both a fine not
exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 16880, or an assault weapon,
as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined
in Section 30530, shall be punished by imprisonment in the state
prison for 4, 8, or 12 years.
(4) Any person who commits an assault upon the person of another
by any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.
(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment in the
state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon or
instrument, other than a firearm, or by any means likely to produce
great bodily injury upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the victim
is a peace officer or firefighter engaged in the performance of his
or her duties, when the peace officer or firefighter is engaged in
the performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years.
(d) (1) Any person who commits an assault with a firearm upon the
person of a peace officer or firefighter, and who knows or reasonably
should know that the victim is a peace officer or firefighter
engaged in the performance of his or her duties, when the peace
officer or firefighter is engaged in the performance of his or her
duties, shall be punished by imprisonment in the state prison for
four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace
officer or firefighter with a semiautomatic firearm and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, when the
peace officer or firefighter is engaged in the performance of his or
her duties, shall be punished by imprisonment in the state prison
for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as
defined in Section 16880, or an assault weapon, as defined in Section
30510 or 30515, or a .50 BMG rifle, as defined in Section 30530,
upon the person of a peace officer or firefighter, and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for 6, 9, or 12 years.
(e) When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument or firearm, and
the weapon or instrument or firearm is owned by that person, the
court shall order that the weapon or instrument or firearm be deemed
a nuisance, and it shall be confiscated and disposed of in the manner
provided by Sections 18000 and 18005.
(f) As used in this section, “peace officer” refers to any person
designated as a peace officer in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2.
245.1. As used in Sections 148.2, 241, 243, 244.5, and 245,
“fireman” or “firefighter” includes any person who is an officer,
employee or member of a fire department or fire protection or
firefighting agency of the federal government, the State of
California, a city, county, city and county, district, or other
public or municipal corporation or political subdivision of this
state, whether this person is a volunteer or partly paid or fully
paid.
As used in Section 148.2, “emergency rescue personnel” means any
person who is an officer, employee or member of a fire department or
fire protection or firefighting agency of the federal government, the
State of California, a city, county, city and county, district, or
other public or municipal corporation or political subdivision of
this state, whether this person is a volunteer or partly paid or
fully paid, while he or she is actually engaged in the on-the-site
rescue of persons or property during an emergency as defined by
subdivision (c) of Section 148.3.

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

245.3. Every person who commits an assault with a deadly weapon or
instrument or by any means likely to produce great bodily injury upon
the person of a custodial officer as defined in Section 831 or
831.5, and who knows or reasonably should know that the victim is a
custodial officer engaged in the performance of that person’s duties,
shall be punished by imprisonment in the state prison for three,
four, or five years.
When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument, and such weapon
or instrument is owned by that person, the court may, in its
discretion, order that the weapon or instrument be deemed a nuisance
and shall be confiscated and destroyed in the manner provided by
Sections 18000 and 18005.
245.5. (a) Every person who commits an assault with a deadly weapon
or instrument, other than a firearm, or by any means likely to
produce great bodily injury upon the person of a school employee, and
who knows or reasonably should know that the victim is a school
employee engaged in the performance of his or her duties, when that
school employee is engaged in the performance of his or her duties,
shall be punished by imprisonment in the state prison for three,
four, or five years, or in a county jail not exceeding one year.
(b) Every person who commits an assault with a firearm upon the
person of a school employee, and who knows or reasonably should know
that the victim is a school employee engaged in the performance of
his or her duties, when the school employee is engaged in the
performance of his or her duties, shall be punished by imprisonment
in the state prison for four, six, or eight years, or in a county
jail for not less than six months and not exceeding one year.
(c) Every person who commits an assault upon the person of a
school employee with a stun gun or taser, and who knows or reasonably
should know that the person is a school employee engaged in the
performance of his or her duties, when the school employee is engaged
in the performance of his or her duties, shall be punished by
imprisonment in a county jail for a term not exceeding one year or by
imprisonment in the state prison for two, three, or four years.
This subdivision shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.
(d) As used in the section, “school employee” means any person
employed as a permanent or probationary certificated or classified
employee of a school district on a part-time or full-time basis,
including a substitute teacher. “School employee,” as used in this
section, also includes a student teacher, or a school board member.
“School,” as used in this section, has the same meaning as that term
is defined in Section 626.

245.6. (a) It shall be unlawful to engage in hazing, as defined in
this section.
(b) “Hazing” means any method of initiation or preinitiation into
a student organization or student body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury to any
former, current, or prospective student of any school, community
college, college, university, or other educational institution in
this state. The term “hazing” does not include customary athletic
events or school-sanctioned events.
(c) A violation of this section that does not result in serious
bodily injury is a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100), nor more than five thousand dollars
($5,000), or imprisonment in the county jail for not more than one
year, or both.
(d) Any person who personally engages in hazing that results in
death or serious bodily injury as defined in paragraph (4) of
subdivision (f) of Section 243 of the Penal Code, is guilty of either
a misdemeanor or a felony, and shall be punished by imprisonment in
county jail not exceeding one year, or by imprisonment pursuant to
subdivision (h) of Section 1170.
(e) The person against whom the hazing is directed may commence a
civil action for injury or damages. The action may be brought against
any participants in the hazing, or any organization to which the
student is seeking membership whose agents, directors, trustees,
managers, or officers authorized, requested, commanded, participated
in, or ratified the hazing.
(f) Prosecution under this section shall not prohibit prosecution
under any other provision of law.

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

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

 

246.3. (a) Except as otherwise authorized by law, any person who
willfully discharges a firearm in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year, or by imprisonment pursuant to subdivision (h) of
Section 1170.
(b) Except as otherwise authorized by law, any person who
willfully discharges a BB device in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year.
(c) As used in this section, “BB device” means any instrument that
expels a projectile, such as a BB or a pellet, through the force of
air pressure, gas pressure, or spring action.

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

247.5. Any person who willfully and maliciously discharges a laser
at an aircraft, whether in motion or in flight, while occupied, is
guilty of a violation of this section, which shall be punishable as
either a misdemeanor by imprisonment in the county jail for not more
than one year or by a fine of one thousand dollars ($1,000), or a
felony by imprisonment pursuant to subdivision (h) of Section 1170
for 16 months, two years, or three years, or by a fine of two
thousand dollars ($2,000). This section does not apply to the conduct
of laser development activity by or on behalf of the United States
Armed Forces.
As used in this section, “aircraft” means any contrivance intended
for and capable of transporting persons through the airspace.
As used in this section, “laser” means a device that utilizes the
natural oscillations of atoms or molecules between energy levels for
generating coherent electromagnetic radiation in the ultraviolet,
visible, or infrared region of the spectrum, and when discharged
exceeds one milliwatt continuous wave.

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

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

PENAL CODE
SECTION 261-269

 

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

 

261.5. (a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor. For the purposes of this
section, a “minor” is a person under the age of 18 years and an
“adult” is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual
intercourse with a minor who is not more than three years older or
three years younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(d) Any person 21 years of age or older who engages in an act of
unlawful sexual intercourse with a minor who is under 16 years of age
is guilty of either a misdemeanor or a felony, and shall be punished
by imprisonment in a county jail not exceeding one year, or by
imprisonment pursuant to subdivision (h) of Section 1170 for two,
three, or four years.
(e) (1) Notwithstanding any other provision of this section, an
adult who engages in an act of sexual intercourse with a minor in
violation of this section may be liable for civil penalties in the
following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse
with a minor less than two years younger than the adult is liable for
a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse
with a minor at least two years younger than the adult is liable for
a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse
with a minor at least three years younger than the adult is liable
for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of
unlawful sexual intercourse with a minor under 16 years of age is
liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000).
(2) The district attorney may bring actions to recover civil
penalties pursuant to this subdivision. From the amounts collected
for each case, an amount equal to the costs of pursuing the action
shall be deposited with the treasurer of the county in which the
judgment was entered, and the remainder shall be deposited in the
Underage Pregnancy Prevention Fund, which is hereby created in the
State Treasury. Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing
underage pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section with the proceeds of this fine
to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant’s ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.

 

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

 

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

 

261.9. (a) Any person convicted of seeking to procure or procuring
the sexual services of a prostitute in violation of subdivision (b)
of Section 647, if the prostitute is under 18 years of age, shall be
ordered by the court, in addition to any other penalty or fine
imposed, to pay an additional fine in an amount not to exceed
twenty-five thousand dollars ($25,000).
(b) Every fine imposed and collected pursuant to this section
shall, upon appropriation by the Legislature, be available to fund
programs and services for commercially sexually exploited minors in
the counties where the underlying offenses are committed.

 

262. (a) Rape of a person who is the spouse of the perpetrator is
an act of sexual intercourse accomplished under any of the following
circumstances:
(1) Where it is accomplished against a person’s will by means of
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the person or another.
(2) Where a person is prevented from resisting by any intoxicating
or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known, by the
accused.
(3) Where a person is at the time unconscious of the nature of the
act, and this is known to the accused. As used in this paragraph,
“unconscious of the nature of the act” means incapable of resisting
because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator’s fraud
in fact.
(4) Where the act is accomplished against the victim’s will by
threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
perpetrator will execute the threat. As used in this paragraph,
“threatening to retaliate” means a threat to kidnap or falsely
imprison, or to inflict extreme pain, serious bodily injury, or
death.
(5) Where the act is accomplished against the victim’s will by
threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a
reasonable belief that the perpetrator is a public official. As used
in this paragraph, “public official” means a person employed by a
governmental agency who has the authority, as part of that position,
to incarcerate, arrest, or deport another. The perpetrator does not
actually have to be a public official.
(b) As used in this section, “duress” means a direct or implied
threat of force, violence, danger, or retribution sufficient to
coerce a reasonable person of ordinary susceptibilities to perform an
act which otherwise would not have been performed, or acquiesce in
an act to which one otherwise would not have submitted. The total
circumstances, including the age of the victim, and his or her
relationship to the defendant, are factors to consider in apprising
the existence of duress.
(c) As used in this section, “menace” means any threat,
declaration, or act that shows an intention to inflict an injury upon
another.
(d) If probation is granted upon conviction of a violation of this
section, the conditions of probation may include, in lieu of a fine,
one or both of the following requirements:
(1) That the defendant make payments to a battered women’s
shelter, up to a maximum of one thousand dollars ($1,000).
(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant’s offense.
For any order to pay a fine, make payments to a battered women’s
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant’s
ability to pay. In no event shall any order to make payments to a
battered women’s shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.

 

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

 

264. (a) Except as provided in subdivision (c), rape, as defined in
Section 261 or 262, is punishable by imprisonment in the state
prison for three, six, or eight years.
(b) In addition to any punishment imposed under this section the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates Section 261 or 262 with the proceeds of this
fine to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant’s ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.
(c) (1) Any person who commits rape in violation of paragraph (2)
of subdivision (a) of Section 261 upon a child who is under 14 years
of age shall be punished by imprisonment in the state prison for 9,
11, or 13 years.
(2) Any person who commits rape in violation of paragraph (2) of
subdivision (a) of Section 261 upon a minor who is 14 years of age or
older shall be punished by imprisonment in the state prison for 7,
9, or 11 years.
(3) This subdivision does not preclude prosecution under Section
269, Section 288.7, or any other provision of law.

 

264.1. (a) The provisions of Section 264 notwithstanding, in any
case in which the defendant, voluntarily acting in concert with
another person, by force or violence and against the will of the
victim, committed an act described in Section 261, 262, or 289,
either personally or by aiding and abetting the other person, that
fact shall be charged in the indictment or information and if found
to be true by the jury, upon a jury trial, or if found to be true by
the court, upon a court trial, or if admitted by the defendant, the
defendant shall suffer confinement in the state prison for five,
seven, or nine years.
(b) (1) If the victim of an offense described in subdivision (a)
is a child who is under 14 years of age, the defendant shall be
punished by imprisonment in the state prison for 10, 12, or 14 years.
(2) If the victim of an offense described in subdivision (a) is a
minor who is 14 years of age or older, the defendant shall be
punished by imprisonment in the state prison for 7, 9, or 11 years.
(3) This subdivision does not preclude prosecution under Section
269, Section 288.7, or any other provision of law.

 

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

 

265. Every person who takes any woman unlawfully, against her will,
and by force, menace or duress, compels her to marry him, or to
marry any other person, or to be defiled, is punishable by
imprisonment pursuant to subdivision (h) of Section 1170.
266. Every person who inveigles or entices any unmarried female, of
previous chaste character, under the age of 18 years, into any house
of ill fame, or of assignation, or elsewhere, for the purpose of
prostitution, or to have illicit carnal connection with any man; and
every person who aids or assists in such inveiglement or enticement;
and every person who, by any false pretenses, false representation,
or other fraudulent means, procures any female to have illicit carnal
connection with any man, is punishable by imprisonment in the state
prison, or by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
such fine and imprisonment.
266a. Every person who, within this state, takes any person against
his or her will and without his or her consent, or with his or her
consent procured by fraudulent inducement or misrepresentation, for
the purpose of prostitution, as defined in subdivision (b) of Section
647, is punishable by imprisonment in the state prison, and a fine
not exceeding two thousand dollars ($2,000).

 

266b. Every person who takes any other person unlawfully, and
against his or her will, and by force, menace, or duress, compels him
or her to live with such person in an illicit relation, against his
or her consent, or to so live with any other person, is punishable by
imprisonment pursuant to subdivision (h) of Section 1170.
266c. Every person who induces any other person to engage in sexual
intercourse, sexual penetration, oral copulation, or sodomy when his
or her consent is procured by false or fraudulent representation or
pretense that is made with the intent to create fear, and which does
induce fear, and that would cause a reasonable person in like
circumstances to act contrary to the person’s free will, and does
cause the victim to so act, is punishable by imprisonment in a county
jail for not more than one year or in the state prison for two,
three, or four years.
As used in this section, “fear” means the fear of physical injury
or death to the person or to any relative of the person or member of
the person’s family.
266d. Any person who receives any money or other valuable thing for
or on account of placing in custody any other person for the purpose
of causing the other person to cohabit with any person to whom the
other person is not married, is guilty of a felony.

 

266e. Every person who purchases, or pays any money or other
valuable thing for, any person for the purpose of prostitution as
defined in subdivision (b) of Section 647, or for the purpose of
placing such person, for immoral purposes, in any house or place
against his or her will, is guilty of a felony punishable by
imprisonment in the state prison for 16 months, or two or three
years.
266f. Every person who sells any person or receives any money or
other valuable thing for or on account of his or her placing in
custody, for immoral purposes, any person, whether with or without
his or her consent, is guilty of a felony punishable by imprisonment
in the state prison for 16 months, or two or three years.
266g. Every man who, by force, intimidation, threats, persuasion,
promises, or any other means, places or leaves, or procures any other
person or persons to place or leave, his wife in a house of
prostitution, or connives at or consents to, or permits, the placing
or leaving of his wife in a house of prostitution, or allows or
permits her to remain therein, is guilty of a felony and punishable
by imprisonment pursuant to subdivision (h) of Section 1170 for two,
three or four years; and in all prosecutions under this section a
wife is a competent witness against her husband.

 

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

 

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

 

266j. Any person who intentionally gives, transports, provides, or
makes available, or who offers to give, transport, provide, or make
available to another person, a child under the age of 16 for the
purpose of any lewd or lascivious act as defined in Section 288, or
who causes, induces, or persuades a child under the age of 16 to
engage in such an act with another person, is guilty of a felony and
shall be imprisoned in the state prison for a term of three, six, or
eight years, and by a fine not to exceed fifteen thousand dollars
($15,000).
266k. (a) Upon the conviction of any person for a violation of
Section 266h or 266i, the court may, in addition to any other penalty
or fine imposed, order the defendant to pay an additional fine not
to exceed five thousand dollars ($5,000). In setting the amount of
the fine, the court shall consider any relevant factors including,
but not limited to, the seriousness and gravity of the offense and
the circumstances of its commission, whether the defendant derived
any economic gain as the result of the crime, and the extent to which
the victim suffered losses as a result of the crime. Every fine
imposed and collected under this section shall be deposited in the
Victim-Witness Assistance Fund to be available for appropriation to
fund child sexual exploitation and child sexual abuse victim
counseling centers and prevention programs under Section 13837.
(b) Upon the conviction of any person for a violation of Section
266j or 267, the court may, in addition to any other penalty or fine
imposed, order the defendant to pay an additional fine not to exceed
twenty thousand dollars ($20,000).
(c) Fifty percent of the fines collected pursuant to subdivision
(b) and deposited in the Victim-Witness Assistance Fund pursuant to
subdivision (a) shall be granted to community-based organizations
that serve minor victims of human trafficking.
(d) If the court orders a fine to be imposed pursuant to this
section, the actual administrative cost of collecting that fine, not
to exceed 2 percent of the total amount paid, may be paid into the
general fund of the county treasury for the use and benefit of the
county.

 

267. Every person who takes away any other person under the age of
18 years from the father, mother, guardian, or other person having
the legal charge of the other person, without their consent, for the
purpose of prostitution, is punishable by imprisonment in the state
prison, and a fine not exceeding two thousand dollars ($2,000).
269. (a) Any person who commits any of the following acts upon a
child who is under 14 years of age and seven or more years younger
than the person is guilty of aggravated sexual assault of a child:
(1) Rape, in violation of paragraph (2) or (6) of subdivision (a)
of Section 261.
(2) Rape or sexual penetration, in concert, in violation of
Section 264.1.
(3) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286.
(4) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a.
(5) Sexual penetration, in violation of subdivision (a) of Section
289.
(b) Any person who violates this section is guilty of a felony and
shall be punished by imprisonment in the state prison for 15 years
to life.
(c) The court shall impose a consecutive sentence for each offense
that results in a conviction under this section if the crimes
involve separate victims or involve the same victim on separate
occasions as defined in subdivision (d) of Section 667.6.

 

CHAPTER 2. ABANDONMENT AND NEGLECT OF CHILDREN

PENAL CODE
SECTION 270-273.75

 

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

 

270.1. (a) A parent or guardian of a pupil of six years of age or
more who is in kindergarten or any of grades 1 to 8, inclusive, and
who is subject to compulsory full-time education or compulsory
continuation education, whose child is a chronic truant as defined in
Section 48263.6 of the Education Code, who has failed to reasonably
supervise and encourage the pupil’s school attendance, and who has
been offered language accessible support services to address the
pupil’s truancy, is guilty of a misdemeanor punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment. A parent or guardian guilty of a misdemeanor under this
subdivision may participate in the deferred entry of judgment
program defined in subdivision (b).
(b) A superior court may establish a deferred entry of judgment
program that includes the components listed in paragraphs (1) to (7),
inclusive, to adjudicate cases involving parents or guardians of
elementary school pupils who are chronic truants as defined in
Section 48263.6 of the Education Code:
(1) A dedicated court calendar.
(2) Leadership by a judge of the superior court in that county.
(3) Meetings, scheduled and held periodically, with school
district representatives designated by the chronic truant’s school
district of enrollment. Those representatives may include school
psychologists, school counselors, teachers, school administrators, or
other educational service providers deemed appropriate by the school
district.
(4) Service referrals for parents or guardians, as appropriate to
each case that may include, but are not limited to, all of the
following:
(A) Case management.
(B) Mental and physical health services.
(C) Parenting classes and support.
(D) Substance abuse treatment.
(E) Child care and housing.
(5) A clear statement that, in lieu of trial, the court may grant
deferred entry of judgment with respect to the current crime or
crimes charged if the defendant pleads guilty to each charge and
waives time for the pronouncement of judgment and that, upon the
defendant’s compliance with the terms and conditions set forth by the
court and agreed to by the defendant upon the entry of his or her
plea, and upon the motion of the prosecuting attorney, the court will
dismiss the charge or charges against the defendant and the same
procedures specified for successful completion of a drug diversion
program or a deferred entry of judgment program pursuant to Section
851.90 and the provisions of Section 1203.4 shall apply.
(6) A clear statement that failure to comply with any condition
under the program may result in the prosecuting attorney or the court
making a motion for entry of judgment, whereupon the court will
render a finding of guilty to the charge or charges pled, enter
judgment, and schedule a sentencing hearing as otherwise provided in
this code.
(7) An explanation of criminal record retention and disposition
resulting from participation in the deferred entry of judgment
program and the defendant’s rights relative to answering questions
about his or her arrest and deferred entry of judgment following
successful completion of the program.
(c) Funding for the deferred entry of judgment program pursuant to
this section shall be derived solely from nonstate sources.
(d) A parent or guardian of an elementary school pupil who is a
chronic truant, as defined in Section 48263.6 of the Education Code,
may not be punished for a violation of both this section and the
provisions of Section 272 that involve criminal liability for parents
and guardians of truant children.
(e) If any district attorney chooses to charge a defendant with a
violation of subdivision (a) and the defendant is found by the
prosecuting attorney to be eligible or ineligible for deferred entry
of judgment, the prosecuting attorney shall file with the court a
declaration in writing, or state for the record, the grounds upon
which that determination is based.
270.5. (a) Every parent who refuses, without lawful excuse, to
accept his or her minor child into the parent’s home, or, failing to
do so, to provide alternative shelter, upon being requested to do so
by a child protective agency and after being informed of the duty
imposed by this statute to do so, is guilty of a misdemeanor and
shall be punished by a fine of not more than five hundred dollars
($500).
(b) For purposes of this section, “child protective agency” means
a police or sheriff’s department, a county probation department, or a
county welfare department.
(c) For purposes of this section, “lawful excuse” shall include,
but not be limited to, a reasonable fear that the minor child’s
presence in the home will endanger the safety of the parent or other
persons residing in the home.

 

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

 

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

 

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

 

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

 

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

 

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

 

270f. Where, under the provisions of this chapter, a report is
filed by a parent of a child with the district attorney averring:
(1) That the other parent has failed to provide necessary support
and
(2) That neither the child in need of assistance nor another on
his behalf is receiving public assistance, the district attorney
shall immediately investigate the verity of such report and determine
the defaulting parent’s location and financial ability to provide
the needed support, and upon a finding that the report is true shall
immediately take all steps necessary to obtain support for the child
in need of assistance.
270g. A review of each report filed with the district attorney
under Section 270f shall be made at 90-day intervals unless the
support payments have been legally terminated, the parties involved
are permanently located beyond county jurisdiction, or the defaulting
parent is complying with the provisions of this chapter.
270h. In any case where there is a conviction under either Section
270 or 270a and there is an order granting probation which includes
an order for support, the court may:
(a) Issue an execution on the order for the support payments that
accrue during the time the probation order is in effect, in the same
manner as on a judgment in a civil action for support payments. This
remedy shall apply only when there is no existing civil order of this
state or a foreign court order that has been reduced to a judgment
of this state for support of the same person or persons included in
the probation support order.
(b) Issue an earnings assignment order for support pursuant to
Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of
the Family Code as a condition of probation. This remedy shall apply
only when there is no existing civil order for support of the same
person or persons included in the probation support order upon which
an assignment order has been entered pursuant to Chapter 8
(commencing with Section 5200) of Part 5 of Division 9 of the Family
Code or pursuant to former Chapter 5 (commencing with Section 4390)
of Title 1.5 of Part 5 of Division 4 of the Civil Code.
These remedies are in addition to any other remedies available to
the court.

 

271. Every parent of any child under the age of 14 years, and every
person to whom any such child has been confided for nurture, or
education, who deserts such child in any place whatever with intent
to abandon it, is punishable by imprisonment pursuant to subdivision
(h) of Section 1170 or in the county jail not exceeding one year or
by fine not exceeding one thousand dollars ($1,000) or by both.
271a. Every person who knowingly and willfully abandons, or who,
having ability so to do, fails or refuses to maintain his or her
minor child under the age of 14 years, or who falsely, knowing the
same to be false, represents to any manager, officer or agent of any
orphan asylum or charitable institution for the care of orphans, that
any child for whose admission into that asylum or institution
application has been made is an orphan, is punishable by imprisonment
pursuant to subdivision (h) of Section 1170, or in the county jail
not exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both.
271.5. (a) No parent or other individual having lawful custody of a
minor child 72 hours old or younger may be prosecuted for a
violation of Section 270, 270.5, 271, or 271a if he or she
voluntarily surrenders physical custody of the child to personnel on
duty at a safe-surrender site.
(b) For purposes of this section, “safe-surrender site” has the
same meaning as defined in paragraph (1) of subdivision (a) of
Section 1255.7 of the Health and Safety Code.
(c) (1) For purposes of this section, “lawful custody” has the
same meaning as defined in subdivision (j) of Section 1255.7 of the
Health and Safety Code.
(2) For purposes of this section, “personnel” has the same meaning
as defined in paragraph (3) of subdivision (a) of Section 1255.7 of
the Health and Safety Code.
272. (a) (1) Every person who commits any act or omits the
performance of any duty, which act or omission causes or tends to
cause or encourage any person under the age of 18 years to come
within the provisions of Section 300, 601, or 602 of the Welfare and
Institutions Code or which act or omission contributes thereto, or
any person who, by any act or omission, or by threats, commands, or
persuasion, induces or endeavors to induce any person under the age
of 18 years or any ward or dependent child of the juvenile court to
fail or refuse to conform to a lawful order of the juvenile court, or
to do or to perform any act or to follow any course of conduct or to
so live as would cause or manifestly tend to cause that person to
become or to remain a person within the provisions of Section 300,
601, or 602 of the Welfare and Institutions Code, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail for not more than one year, or by
both fine and imprisonment in a county jail, or may be released on
probation for a period not exceeding five years.
(2) For purposes of this subdivision, a parent or legal guardian
to any person under the age of 18 years shall have the duty to
exercise reasonable care, supervision, protection, and control over
their minor child.
(b) (1) An adult stranger who is 21 years of age or older, who
knowingly contacts or communicates with a minor who is under 14 years
of age, who knew or reasonably should have known that the minor is
under 14 years of age, for the purpose of persuading and luring, or
transporting, or attempting to persuade and lure, or transport, that
minor away from the minor’s home or from any location known by the
minor’s parent, legal guardian, or custodian, to be a place where the
minor is located, for any purpose, without the express consent of
the minor’s parent or legal guardian, and with the intent to avoid
the consent of the minor’s parent or legal guardian, is guilty of an
infraction or a misdemeanor, subject to subdivision (d) of Section
17.
(2) This subdivision shall not apply in an emergency situation.
(3) As used in this subdivision, the following terms are defined
to mean:
(A) “Emergency situation” means a situation where the minor is
threatened with imminent bodily harm, emotional harm, or
psychological harm.
(B) “Contact” or “communication” includes, but is not limited to,
the use of a telephone or the Internet, as defined in Section 17538
of the Business and Professions Code.
(C) “Stranger” means a person of casual acquaintance with whom no
substantial relationship exists, or an individual with whom a
relationship has been established or promoted for the primary purpose
of victimization, as defined in subdivision (e) of Section 6600 of
the Welfare and Institutions Code.
(D) “Express consent” means oral or written permission that is
positive, direct, and unequivocal, requiring no inference or
implication to supply its meaning.
(4) This section shall not be interpreted to criminalize acts of
persons contacting minors within the scope and course of their
employment, or status as a volunteer of a recognized civic or
charitable organization.
(5) This section is intended to protect minors and to help parents
and legal guardians exercise reasonable care, supervision,
protection, and control over minor children.

 

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

 

273a. (a) Any person who, under circumstances or conditions likely
to produce great bodily harm or death, willfully causes or permits
any child to suffer, or inflicts thereon unjustifiable physical pain
or mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of that child to be
injured, or willfully causes or permits that child to be placed in a
situation where his or her person or health is endangered, shall be
punished by imprisonment in a county jail not exceeding one year, or
in the state prison for two, four, or six years.
(b) Any person who, under circumstances or conditions other than
those likely to produce great bodily harm or death, willfully causes
or permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation where his or her person or health may be
endangered, is guilty of a misdemeanor.
(c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
(1) A mandatory minimum period of probation of 48 months.
(2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
(3) (A) Successful completion of no less than one year of a child
abuser’s treatment counseling program approved by the probation
department. The defendant shall be ordered to begin participation in
the program immediately upon the grant of probation. The counseling
program shall meet the criteria specified in Section 273.1. The
defendant shall produce documentation of program enrollment to the
court within 30 days of enrollment, along with quarterly progress
reports.
(B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant’s changed circumstances, the court may reduce or waive
the fees.
(4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
(5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its reasons
for any waiver.
273ab. (a) Any person, having the care or custody of a child who is
under eight years of age, who assaults the child by means of force
that to a reasonable person would be likely to produce great bodily
injury, resulting in the child’s death, shall be punished by
imprisonment in the state prison for 25 years to life. Nothing in
this section shall be construed as affecting the applicability of
subdivision (a) of Section 187 or Section 189.
(b) Any person, having the care or custody of a child who is under
eight years of age, who assaults the child by means of force that to
a reasonable person would be likely to produce great bodily injury,
resulting in the child becoming comatose due to brain injury or
suffering paralysis of a permanent nature, shall be punished by
imprisonment in the state prison for life with the possibility of
parole. As used in this subdivision, “paralysis” means a major or
complete loss of motor function resulting from injury to the nervous
system or to a muscular mechanism.

 

273b. No child under the age of 16 years shall be placed in any
courtroom, or in any vehicle for transportation to any place, in
company with adults charged with or convicted of crime, except in the
presence of a proper official.
273c. All fines, penalties, and forfeitures imposed and collected
under the provisions of Sections 270, 271, 271a, 273a, and 273b, or
under the provisions of any law relating to, or affecting, children,
in every case where the prosecution is instituted or conducted by a
society incorporated under the laws of this state for the prevention
of cruelty to children, inure to such society in aid of the purposes
for which it is incorporated.

 

273d. (a) Any person who willfully inflicts upon a child any cruel
or inhuman corporal punishment or an injury resulting in a traumatic
condition is guilty of a felony and shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 for two, four, or six
years, or in a county jail for not more than one year, by a fine of
up to six thousand dollars ($6,000), or by both that imprisonment and
fine.
(b) Any person who is found guilty of violating subdivision (a)
shall receive a four-year enhancement for a prior conviction of that
offense provided that no additional term shall be imposed under this
subdivision for any prison term or term imposed under the provisions
of subdivision (h) of Section 1170 served prior to a period of 10
years in which the defendant remained free of both the commission of
an offense that results in a felony conviction and prison custody or
custody in a county jail under the provisions of subdivision (h) of
Section 1170.
(c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
(1) A mandatory minimum period of probation of 36 months.
(2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
(3) (A) Successful completion of no less than one year of a child
abuser’s treatment counseling program. The defendant shall be ordered
to begin participation in the program immediately upon the grant of
probation. The counseling program shall meet the criteria specified
in Section 273.1. The defendant shall produce documentation of
program enrollment to the court within 30 days of enrollment, along
with quarterly progress reports.
(B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant’s changed circumstances, the court may reduce or waive
the fees.
(4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
(5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its reasons
for any waiver.
273e. Every telephone, special delivery company or association, and
every other corporation or person engaged in the delivery of
packages, letters, notes, messages, or other matter, and every
manager, superintendent, or other agent of such person, corporation,
or association, who sends any minor in the employ or under the
control of any such person, corporation, association, or agent, to
the keeper of any house of prostitution, variety theater, or other
place of questionable repute, or to any person connected with, or any
inmate of, such house, theater, or other place, or who permits such
minor to enter such house, theater, or other place, is guilty of a
misdemeanor.

 

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

 

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

 

273h. In all prosecutions under the provisions of either section
270, section 270a, section 270b, section 271 or section 271a, of this
code, where a conviction is had and sentence of imprisonment in the
county jail or in the city jail is imposed, the court may direct that
the person so convicted shall be compelled to work upon the public
roads or highways, or any other public work, in the county or in the
city where such conviction is had, during the term of such sentence.
And it shall be the duty of the board of supervisors of the county
where such person is imprisoned in the county jail, and of the city
council of the city where such person is imprisoned in the city jail,
where such conviction and sentence are had and where such work is
performed by a person under sentence to the county jail or to the
city jail, to allow and order the payment out of any funds available,
to the wife or to the guardian, or to the custodian of a child or
children, or to an organization, or to an individual, appointed by
the court as trustee, at the end of each calendar month, for the
support of such wife or children, a sum not to exceed two dollars for
each day’s work of such person so imprisoned.
273i. (a) Any person who publishes information describing or
depicting a child, the physical appearance of a child, the location
of a child, or locations where children may be found with the intent
that another person imminently use the information to commit a crime
against a child and the information is likely to aid in the imminent
commission of a crime against a child, is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not more than one
year, a fine of not more than one thousand dollars ($1,000), or by
both a fine and imprisonment.
(b) For purposes of this section, “publishes” means making the
information available to another person through any medium,
including, but not limited to, the Internet, the World Wide Web, or
e-mail.
(c) For purposes of this section, “child” means a person who is 14
years of age or younger.
(d) For purposes of this section, “information” includes, but is
not limited to, an image, film, filmstrip, photograph, negative,
slide, photocopy, videotape, video laser disc, or any other
computer-generated image.
(e) Any parent or legal guardian of a child about whom information
is published in violation of subdivision (a) may seek a preliminary
injunction enjoining any further publication of that information.
273j. (a) (1) Any parent or guardian having the care, custody, or
control of a child under 14 years of age who knows or should have
known that the child has died shall notify a public safety agency, as
defined in Section 53102 of the Government Code, within 24 hours of
the time that the parent or guardian knew or should have known that
the child has died.
(2) This subdivision shall not apply when a child is otherwise
under the immediate care of a physician at the time of death, or if a
public safety agency, a coroner, or a medical examiner is otherwise
aware of the death.
(b) (1) Any parent or guardian having the care, custody, or
control of a child under 14 years of age shall notify law enforcement
within 24 hours of the time that the parent or guardian knows or
should have known that the child is a missing person and there is
evidence that the child is a person at risk, as those terms are
defined in Section 14213.
(2) This subdivision shall not apply if law enforcement is
otherwise aware that the child is a missing person.
(c) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for not more than one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.
(d) Nothing in this section shall preclude prosecution under any
other provision of law.

 

273.1. (a) Any treatment program to which a child abuser convicted
of a violation of Section 273a or 273d is referred as a condition of
probation shall meet the following criteria:
(1) Substantial expertise and experience in the treatment of
victims of child abuse and the families in which abuse and violence
have occurred.
(2) Staff providing direct service are therapists licensed to
practice in this state or are under the direct supervision of a
therapist licensed to practice in this state.
(3) Utilization of a treatment regimen designed to specifically
address the offense, including methods of preventing and breaking the
cycle of family violence, anger management, and parenting education
that focuses, among other things, on means of identifying the
developmental and emotional needs of the child.
(4) Utilization of group and individual therapy and counseling,
with groups no larger than 12 persons.
(5) Capability of identifying substance abuse and either treating
the abuse or referring the offender to a substance abuse program, to
the extent that the court has not already done so.
(6) Entry into a written agreement with the defendant that
includes an outline of the components of the program, the attendance
requirements, a requirement to attend group session free of chemical
influence, and a statement that the defendant may be removed from the
program if it is determined that the defendant is not benefiting
from the program or is disruptive to the program.
(7) The program may include, on the recommendation of the
treatment counselor, family counseling. However, no child victim
shall be compelled or required to participate in the program,
including family counseling, and no program may condition a defendant’
s enrollment on participation by the child victim. The treatment
counselor shall privately advise the child victim that his or her
participation is voluntary.
(b) If the program finds that the defendant is unsuitable, the
program shall immediately contact the probation department or the
court. The probation department or court shall either recalendar the
case for hearing or refer the defendant to an appropriate alternative
child abuser’s treatment counseling program.
(c) Upon request by the child abuser’s treatment counseling
program, the court shall provide the defendant’s arrest report, prior
incidents of violence, and treatment history to the program.
(d) The child abuser’s treatment counseling program shall provide
the probation department and the court with periodic progress reports
at least every three months that include attendance, fee payment
history, and program compliance. The program shall submit a final
evaluation that includes the program’s evaluation of the defendant’s
progress, and recommendation for either successful or unsuccessful
termination of the program.
(e) The defendant shall pay for the full costs of the treatment
program, including any drug testing. However, the court may waive any
portion or all of that financial responsibility upon a finding of an
inability to pay. Upon the request of the defendant, the court shall
hold a hearing to determine the defendant’s ability to pay for the
treatment program. At the hearing the court may consider all relevant
information, but shall consider the impact of the costs of the
treatment program on the defendant’s ability to provide food,
clothing, and shelter for the child injured by a violation of Section
273a or 273d. If the court finds that the defendant is unable to pay
for any portion of the costs of the treatment program, its reasons
for that finding shall be stated on the record. In the event of this
finding, the program fees or a portion thereof shall be waived.
(f) All programs accepting referrals of child abusers pursuant to
this section shall accept offenders for whom fees have been partially
or fully waived. However, the court shall require each qualifying
program to serve no more than its proportionate share of those
offenders who have been granted fee waivers, and require all
qualifying programs to share equally in the cost of serving those
offenders with fee waivers.
273.4. (a) If the act constituting a felony violation of
subdivision (a) of Section 273a was female genital mutilation, as
defined in subdivision (b), the defendant shall be punished by an
additional term of imprisonment in the state prison for one year, in
addition and consecutive to the punishment prescribed by Section
273a.
(b) “Female genital mutilation” means the excision or infibulation
of the labia majora, labia minora, clitoris, or vulva, performed for
nonmedical purposes.
(c) Nothing in this section shall preclude prosecution under
Section 203, 205, or 206 or any other provision of law.

 

273.5. (a) Any person who willfully inflicts corporal injury
resulting in a traumatic condition upon a victim described in
subdivision (b) is guilty of a felony, and upon conviction thereof
shall be punished by imprisonment in the state prison for two, three,
or four years, or in a county jail for not more than one year, or by
a fine of up to six thousand dollars ($6,000) or by both that fine
and imprisonment.
(b) Subdivision (a) shall apply if the victim is or was one or
more of the following:
(1) The offender’s spouse or former spouse.
(2) The offender’s cohabitant or former cohabitant.
(3) The offender’s fiancé or fiancée, or someone with whom the
offender has, or previously had, an engagement or dating
relationship, as defined in paragraph (10) of subdivision (f) of
Section 243.
(4) The mother or father of the offender’s child.
(c) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
(d) As used in this section, “traumatic condition” means a
condition of the body, such as a wound, or external or internal
injury, including, but not limited to, injury as a result of
strangulation or suffocation, whether of a minor or serious nature,
caused by a physical force. For purposes of this section,
“strangulation” and “suffocation” include impeding the normal
breathing or circulation of the blood of a person by applying
pressure on the throat or neck.
(e) For the purpose of this section, a person shall be considered
the father or mother of another person’s child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
(f) (1) Any person convicted of violating this section for acts
occurring within seven years of a previous conviction under
subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county
jail for not more than one year, or by imprisonment in the state
prison for two, four, or five years, or by both imprisonment and a
fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts
occurring within seven years of a previous conviction under
subdivision (e) of Section 243 shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail
for not more than one year, or by a fine of up to ten thousand
dollars ($10,000), or by both that imprisonment and fine.
(g) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with the
provisions of Section 1203.097.
(h) If probation is granted, or the execution or imposition of a
sentence is suspended, for any defendant convicted under subdivision
(a) who has been convicted of any prior offense specified in
subdivision (f), the court shall impose one of the following
conditions of probation:
(1) If the defendant has suffered one prior conviction within the
previous seven years for a violation of any offense specified in
subdivision (f), it shall be a condition thereof, in addition to the
provisions contained in Section 1203.097, that he or she be
imprisoned in a county jail for not less than 15 days.
(2) If the defendant has suffered two or more prior convictions
within the previous seven years for a violation of any offense
specified in subdivision (f), it shall be a condition of probation,
in addition to the provisions contained in Section 1203.097, that he
or she be imprisoned in a county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the
mandatory imprisonment required by this subdivision shall not be
imposed and shall state on the record its reasons for finding good
cause.
(i) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, consistent
with the terms of probation imposed pursuant to Section 1203.097, in
lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women’s
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
(2) (A) That the defendant reimburse the victim for reasonable
costs of counseling and other reasonable expenses that the court
finds are the direct result of the defendant’s offense.
(B) For any order to pay a fine, make payments to a battered women’
s shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant’s
ability to pay. In no event shall any order to make payments to a
battered women’s shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. 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 this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
(j) Upon conviction under subdivision (a), the sentencing court
shall also consider issuing an order restraining the defendant from
any contact with the victim, which may be valid for up to 10 years,
as determined by the court. It is the intent of the Legislature that
the length of any restraining order be based upon the seriousness of
the facts before the court, the probability of future violations, and
the safety of the victim and his or her immediate family. This
protective order may be issued by the court whether the defendant is
sentenced to state prison, county jail, or if imposition of sentence
is suspended and the defendant is placed on probation.
(k) If a peace officer makes an arrest for a violation of this
section, the peace officer is not required to inform the victim of
his or her right to make a citizen’s arrest pursuant to subdivision
(b) of Section 836.
273.6. (a) Any intentional and knowing violation of a protective
order, as defined in Section 6218 of the Family Code, or of an order
issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of
Civil Procedure, or Section 15657.03 of the Welfare and Institutions
Code, is a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
(b) In the event of a violation of subdivision (a) that results in
physical injury, the person shall be punished by a fine of not more
than two thousand dollars ($2,000), or by imprisonment in a county
jail for not less than 30 days nor more than one year, or by both
that fine and imprisonment. However, if the person is imprisoned in a
county jail for at least 48 hours, the court may, in the interest of
justice and for reasons stated on the record, reduce or eliminate
the 30-day minimum imprisonment required by this subdivision. In
determining whether to reduce or eliminate the minimum imprisonment
pursuant to this subdivision, the court shall consider the
seriousness of the facts before the court, whether there are
additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
(c) Subdivisions (a) and (b) shall apply to the following court
orders:
(1) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
(2) An order excluding one party from the family dwelling or from
the dwelling of the other.
(3) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the order described in
subdivision (a).
(4) Any order issued by another state that is recognized under
Part 5 (commencing with Section 6400) of Division 10 of the Family
Code.
(d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or “a credible threat” of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or pursuant to
subdivision (h) of Section 1170.
(e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) that results in physical injury to a victim, the
person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment pursuant to subdivision (h) of
Section 1170. However, if the person is imprisoned in a county jail
for at least 30 days, the court may, in the interest of justice and
for reasons stated in the record, reduce or eliminate the six-month
minimum imprisonment required by this subdivision. In determining
whether to reduce or eliminate the minimum imprisonment pursuant to
this subdivision, the court shall consider the seriousness of the
facts before the court, whether there are additional allegations of a
violation of the order during the pendency of the case before the
court, the probability of future violations, the safety of the
victim, and whether the defendant has successfully completed or is
making progress with counseling.
(f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders described in
subdivisions (a), (b), (d), and (e).
(g) (1) Every person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6, 527.8, or
527.85 of the Code of Civil Procedure, or Section 15657.03 of the
Welfare and Institutions Code, shall be punished under Section 29825.
(2) Every person subject to a protective order described in
paragraph (1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (f) of
Section 527.9 of the Code of Civil Procedure, or subdivision (h) of
Section 6389 of the Family Code.
(h) If probation is granted upon conviction of a violation of
subdivision (a), (b), (c), (d), or (e), the court shall impose
probation consistent with Section 1203.097, and the conditions of
probation may include, in lieu of a fine, one or both of the
following requirements:
(1) That the defendant make payments to a battered women’s shelter
or to a shelter for abused elder persons or dependent adults, up to
a maximum of five thousand dollars ($5,000), pursuant to Section
1203.097.
(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant’s offense.
(i) For any order to pay a fine, make payments to a battered women’
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant’s ability to pay. In no event shall any order to make
payments to a battered women’s shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
273.65. (a) Any intentional and knowing violation of a protective
order issued pursuant to Section 213.5, 304, or 362.4 of the Welfare
and Institutions Code is a misdemeanor punishable by a fine of not
more than one thousand dollars ($1,000), or by imprisonment in a
county jail for not more than one year, or by both the fine and
imprisonment.
(b) In the event of a violation of subdivision (a) which results
in physical injury, the person shall be punished by a fine of not
more than two thousand dollars ($2,000), or by imprisonment in a
county jail for not less than 30 days nor more than one year, or by
both the fine and imprisonment. However, if the person is imprisoned
in a county jail for at least 48 hours, the court may, in the
interests of justice and for reasons stated on the record, reduce or
eliminate the 30-day minimum imprisonment required by this
subdivision. In determining whether to reduce or eliminate the
minimum imprisonment pursuant to this subdivision, the court shall
consider the seriousness of the facts before the court, whether there
are additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
(c) Subdivisions (a) and (b) shall apply to the following court
orders:
(1) An order enjoining any party from molesting, attacking,
striking, threatening, sexually assaulting, battering, harassing,
contacting repeatedly by mail with the intent to harass, or
disturbing the peace of the other party, or other named family and
household members.
(2) An order excluding one party from the family dwelling or from
the dwelling of the other.
(3) An order enjoining a party from specified behavior which the
court determined was necessary to effectuate the order under
subdivision (a).
(d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or “a credible threat” of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or pursuant to
subdivision (h) of Section 1170.
(e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) which results in physical injury to the same victim,
the person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment pursuant to subdivision (h) of
Section 1170. However, if the person is imprisoned in a county jail
for at least 30 days, the court may, in the interests of justice and
for reasons stated in the record, reduce or eliminate the six-month
minimum imprisonment required by this subdivision. In determining
whether to reduce or eliminate the minimum imprisonment pursuant to
this subdivision, the court shall consider the seriousness of the
facts before the court, whether there are additional allegations of a
violation of the order during the pendency of the case before the
court, the probability of future violations, the safety of the
victim, and whether the defendant has successfully completed or is
making progress with counseling.
(f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders issued pursuant to
subdivisions (a), (b), (d), and (e).
(g) The court may order a person convicted under this section to
undergo counseling, and, if appropriate, to complete a batterer’s
treatment program.
(h) If probation is granted upon conviction of a violation of
subdivision (a), (b), or (c), the conditions of probation may
include, in lieu of a fine, one or both of the following
requirements:
(1) That the defendant make payments to a battered women’s
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant’s offense.
(i) For any order to pay a fine, make payments to a battered women’
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant’s ability to pay. In no event shall any order to make
payments to a battered women’s shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court-ordered child support.
273.7. (a) Any person who maliciously publishes, disseminates, or
otherwise discloses the location of any trafficking shelter or
domestic violence shelter or any place designated as a trafficking
shelter or domestic violence shelter, without the authorization of
that trafficking shelter or domestic violence shelter, is guilty of a
misdemeanor.
(b) (1) For purposes of this section, “domestic violence shelter”
means a confidential location that provides emergency housing on a
24-hour basis for victims of sexual assault, spousal abuse, or both,
and their families.
(2) For purposes of this section, “trafficking shelter” means a
confidential location that provides emergency housing on a 24-hour
basis for victims of human trafficking, including any person who is a
victim under Section 236.1.
(3) Sexual assault, spousal abuse, or both, include, but are not
limited to, those crimes described in Sections 240, 242, 243.4, 261,
261.5, 262, 264.1, 266, 266a, 266b, 266c, 266f, 273.5, 273.6, 285,
288, and 289.
(c) Nothing in this section shall apply to confidential
communications between an attorney and his or her client.
273.75. (a) On any charge involving acts of domestic violence as
defined in subdivisions (a) and (b) of Section 13700 of the Penal
Code or Sections 6203 and 6211 of the Family Code, the district
attorney or prosecuting city attorney shall perform or cause to be
performed, by accessing the electronic databases enumerated in
subdivision (b), a thorough investigation of the defendant’s history,
including, but not limited to, prior convictions for domestic
violence, other forms of violence or weapons offenses and any current
protective or restraining order issued by any civil or criminal
court. This information shall be presented for consideration by the
court (1) when setting bond or when releasing a defendant on his or
her own recognizance at the arraignment, if the defendant is in
custody, (2) upon consideration of any plea agreement, and (3) when
issuing a protective order pursuant to Section 136.2 of the Penal
Code, in accordance with subdivision (h) of that section. In
determining bail or release upon a plea agreement, the court shall
consider the safety of the victim, the victim’s children, and any
other person who may be in danger if the defendant is released.
(b) For purposes of this section, the district attorney or
prosecuting city attorney shall search or cause to be searched the
following databases, when readily available and reasonably
accessible:
(1) The Violent Crime Information Network (VCIN).
(2) The Supervised Release File.
(3) State summary criminal history information maintained by the
Department of Justice pursuant to Section 11105 of the Penal Code.
(4) The Federal Bureau of Investigation’s nationwide database.
(5) Locally maintained criminal history records or databases.
However, a record or database need not be searched if the
information available in that record or database can be obtained as a
result of a search conducted in another record or database.
(c) If the investigation required by this section reveals a
current civil protective or restraining order or a protective or
restraining order issued by another criminal court and involving the
same or related parties, and if a protective or restraining order is
issued in the current criminal proceeding, the district attorney or
prosecuting city attorney shall send relevant information regarding
the contents of the order issued in the current criminal proceeding,
and any information regarding a conviction of the defendant, to the
other court immediately after the order has been issued. When
requested, the information described in this subdivision may be sent
to the appropriate family, juvenile, or civil court. When requested,
and upon a showing of a compelling need, the information described in this section may be sent to a court in another state.

CHAPTER 2.5. SPOUSAL ABUSERS

PENAL CODE
SECTION 273.8-273.88

 

273.8. The Legislature hereby finds that spousal abusers present a
clear and present danger to the mental and physical well-being of the
citizens of the State of California. The Legislature further finds
that the concept of vertical prosecution, in which a specially
trained deputy district attorney, deputy city attorney, or
prosecution unit is assigned to a case after arraignment and
continuing to its completion, is a proven way of demonstrably
increasing the likelihood of convicting spousal abusers and ensuring
appropriate sentences for those offenders. In enacting this chapter,
the Legislature intends to support increased efforts by district
attorneys’ and city attorneys’ offices to prosecute spousal abusers
through organizational and operational techniques that have already
proven their effectiveness in selected cities and counties in this
and other states.
273.81. (a) There is hereby established in the Department of
Justice a program of financial and technical assistance for district
attorneys’ or city attorneys’ offices, designated the Spousal Abuser
Prosecution Program. All funds appropriated to the Department of
Justice for the purposes of this chapter shall be administered and
disbursed by the Attorney General, and shall to the greatest extent
feasible, be coordinated or consolidated with any federal or local
funds that may be made available for these purposes.
The Department of Justice shall establish guidelines for the
provision of grant awards to proposed and existing programs prior to
the allocation of funds under this chapter. These guidelines shall
contain the criteria for the selection of agencies to receive funding
and the terms and conditions upon which the Department of Justice is
prepared to offer grants pursuant to statutory authority. The
guidelines shall not constitute rules, regulations, orders, or
standards of general application.
(b) The Attorney General may allocate and award funds to cities or
counties, or both, in which spousal abuser prosecution units are
established or are proposed to be established in substantial
compliance with the policies and criteria set forth in this chapter.
(c) The allocation and award of funds shall be made upon
application executed by the county’s district attorney or by the city’
s attorney and approved by the county board of supervisors or by the
city council. Funds disbursed under this chapter shall not supplant
local funds that would, in the absence of the California Spousal
Abuser Prosecution Program, be made available to support the
prosecution of spousal abuser cases. Local grant awards made under
this program shall not be subject to review as specified in Section
10295 of the Public Contract Code.
(d) Local government recipients shall provide 20 percent matching
funds for every grant awarded under this program.

 

273.82. Spousal abuser prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals identified under selection criteria set forth in
Section 273.83. Enhanced prosecution efforts and resources shall
include, but not be limited to, all of the following:
(a) (1) Vertical prosecutorial representation, whereby the
prosecutor who, or prosecution unit that, makes all major court
appearances on that particular case through its conclusion, including
bail evaluation, preliminary hearing, significant law and motion
litigation, trial, and sentencing.
(2) Vertical counselor representation, whereby a trained domestic
violence counselor maintains liaison from initial court appearances
through the case’s conclusion, including the sentencing phase.
(b) The assignment of highly qualified investigators and
prosecutors to spousal abuser cases. “Highly qualified” for the
purposes of this chapter means any of the following:
(1) Individuals with one year of experience in the investigation
and prosecution of felonies.
(2) Individuals with at least two years of experience

CHAPTER 4. CHILD ABDUCTION

PENAL CODE
SECTION 277-280

 

277. The following definitions apply for the purposes of this
chapter:
(a) “Child” means a person under the age of 18 years.
(b) “Court order” or “custody order” means a custody determination
decree, judgment, or order issued by a court of competent
jurisdiction, whether permanent or temporary, initial or modified,
that affects the custody or visitation of a child, issued in the
context of a custody proceeding. An order, once made, shall continue
in effect until it expires, is modified, is rescinded, or terminates
by operation of law.
(c) “Custody proceeding” means a proceeding in which a custody
determination is an issue, including, but not limited to, an action
for dissolution or separation, dependency, guardianship, termination
of parental rights, adoption, paternity, except actions under Section
11350 or 11350.1 of the Welfare and Institutions Code, or protection
from domestic violence proceedings, including an emergency
protective order pursuant to Part 3 (commencing with Section 6240) of
Division 10 of the Family Code.
(d) “Lawful custodian” means a person, guardian, or public agency
having a right to custody of a child.
(e) A “right to custody” means the right to the physical care,
custody, and control of a child pursuant to a custody order as
defined in subdivision (b) or, in the absence of a court order, by
operation of law, or pursuant to the Uniform Parentage Act contained
in Part 3 (commencing with Section 7600) of Division 12 of the Family
Code. Whenever a public agency takes protective custody or
jurisdiction of the care, custody, control, or conduct of a child by
statutory authority or court order, that agency is a lawful custodian
of the child and has a right to physical custody of the child. In
any subsequent placement of the child, the public agency continues to
be a lawful custodian with a right to physical custody of the child
until the public agency’s right of custody is terminated by an order
of a court of competent jurisdiction or by operation of law.
(f) In the absence of a court order to the contrary, a parent
loses his or her right to custody of the child to the other parent if
the parent having the right to custody is dead, is unable or refuses
to take the custody, or has abandoned his or her family. A natural
parent whose parental rights have been terminated by court order is
no longer a lawful custodian and no longer has a right to physical
custody.
(g) “Keeps” or “withholds” means retains physical possession of a
child whether or not the child resists or objects.
(h) “Visitation” means the time for access to the child allotted
to any person by court order.
(i) “Person” includes, but is not limited to, a parent or an agent
of a parent.
(j) “Domestic violence” means domestic violence as defined in
Section 6211 of the Family Code.
(k) “Abduct” means take, entice away, keep, withhold, or conceal.
278. Every person, not having a right to custody, who maliciously
takes, entices away, keeps, withholds, or conceals any child with the
intent to detain or conceal that child from a lawful custodian shall
be punished by imprisonment in a county jail not exceeding one year,
a fine not exceeding one thousand dollars ($1,000), or both that
fine and imprisonment, or by imprisonment pursuant to subdivision (h)
of Section 1170 for two, three, or four years, a fine not exceeding
ten thousand dollars ($10,000), or both that fine and imprisonment.

 

278.5. (a) Every person who takes, entices away, keeps, withholds,
or conceals a child and maliciously deprives a lawful custodian of a
right to custody, or a person of a right to visitation, shall be
punished by imprisonment in a county jail not exceeding one year, a
fine not exceeding one thousand dollars ($1,000), or both that fine
and imprisonment, or by imprisonment pursuant to subdivision (h) of
Section 1170 for 16 months, or two or three years, a fine not
exceeding ten thousand dollars ($10,000), or both that fine and
imprisonment.
(b) Nothing contained in this section limits the court’s contempt
power.
(c) A custody order obtained after the taking, enticing away,
keeping, withholding, or concealing of a child does not constitute a
defense to a crime charged under this section.
278.6. (a) At the sentencing hearing following a conviction for a
violation of Section 278 or 278.5, or both, the court shall consider
any relevant factors and circumstances in aggravation, including, but
not limited to, all of the following:
(1) The child was exposed to a substantial risk of physical injury
or illness.
(2) The defendant inflicted or threatened to inflict physical harm
on a parent or lawful custodian of the child or on the child at the
time of or during the abduction.
(3) The defendant harmed or abandoned the child during the
abduction.
(4) The child was taken, enticed away, kept, withheld, or
concealed outside the United States.
(5) The child has not been returned to the lawful custodian.
(6) The defendant previously abducted or threatened to abduct the
child.
(7) The defendant substantially altered the appearance or the name
of the child.
(8) The defendant denied the child appropriate education during
the abduction.
(9) The length of the abduction.
(10) The age of the child.
(b) At the sentencing hearing following a conviction for a
violation of Section 278 or 278.5, or both, the court shall consider
any relevant factors and circumstances in mitigation, including, but
not limited to, both of the following:
(1) The defendant returned the child unharmed and prior to arrest
or issuance of a warrant for arrest, whichever is first.
(2) The defendant provided information and assistance leading to
the child’s safe return.
(c) In addition to any other penalties provided for a violation of
Section 278 or 278.5, a court shall order the defendant to pay
restitution to the district attorney for any costs incurred in
locating and returning the child as provided in Section 3134 of the
Family Code, and to the victim for those expenses and costs
reasonably incurred by, or on behalf of, the victim in locating and
recovering the child. An award made pursuant to this section shall
constitute a final judgment and shall be enforceable as such.
278.7. (a) Section 278.5 does not apply to a person with a right to
custody of a child who, with a good faith and reasonable belief that
the child, if left with the other person, will suffer immediate
bodily injury or emotional harm, takes, entices away, keeps,
withholds, or conceals that child.
(b) Section 278.5 does not apply to a person with a right to
custody of a child who has been a victim of domestic violence who,
with a good faith and reasonable belief that the child, if left with
the other person, will suffer immediate bodily injury or emotional
harm, takes, entices away, keeps, withholds, or conceals that child.
“Emotional harm” includes having a parent who has committed domestic
violence against the parent who is taking, enticing away, keeping,
withholding, or concealing the child.
(c) The person who takes, entices away, keeps, withholds, or
conceals a child shall do all of the following:
(1) Within a reasonable time from the taking, enticing away,
keeping, withholding, or concealing, make a report to the office of
the district attorney of the county where the child resided before
the action. The report shall include the name of the person, the
current address and telephone number of the child and the person, and
the reasons the child was taken, enticed away, kept, withheld, or
concealed.
(2) Within a reasonable time from the taking, enticing away,
keeping, withholding, or concealing, commence a custody proceeding in
a court of competent jurisdiction consistent with the federal
Parental Kidnapping Prevention Act (Section 1738A, Title 28, United
States Code) or the Uniform Child Custody Jurisdiction Act (Part 3
(commencing with Section 3400) of Division 8 of the Family Code).
(3) Inform the district attorney’s office of any change of address
or telephone number of the person and the child.
(d) For the purposes of this article, a reasonable time within
which to make a report to the district attorney’s office is at least
10 days and a reasonable time to commence a custody proceeding is at
least 30 days. This section shall not preclude a person from making a
report to the district attorney’s office or commencing a custody
proceeding earlier than those specified times.
(e) The address and telephone number of the person and the child
provided pursuant to this section shall remain confidential unless
released pursuant to state law or by a court order that contains
appropriate safeguards to ensure the safety of the person and the
child.

 

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

 

279.1. The offenses enumerated in Sections 278 and 278.5 are
continuous in nature, and continue for as long as the minor child is
concealed or detained.
279.5. When a person is arrested for an alleged violation of
Section 278 or 278.5, the court, in setting bail, shall take into
consideration whether the child has been returned to the lawful
custodian, and if not, shall consider whether there is an increased
risk that the child may not be returned, or the defendant may flee
the jurisdiction, or, by flight or concealment, evade the authority
of the court.

 

279.6. (a) A law enforcement officer may take a child into
protective custody under any of the following circumstances:
(1) It reasonably appears to the officer that a person is likely
to conceal the child, flee the jurisdiction with the child, or, by
flight or concealment, evade the authority of the court.
(2) There is no lawful custodian available to take custody of the
child.
(3) There are conflicting custody orders or conflicting claims to
custody and the parties cannot agree which party should take custody
of the child.
(4) The child is an abducted child.
(b) When a law enforcement officer takes a child into protective
custody pursuant to this section, the officer shall do one of the
following:
(1) Release the child to the lawful custodian of the child, unless
it reasonably appears that the release would cause the child to be
endangered, abducted, or removed from the jurisdiction.
(2) Obtain an emergency protective order pursuant to Part 3
(commencing with Section 6240) of Division 10 of the Family Code
ordering placement of the child with an interim custodian who agrees
in writing to accept interim custody.
(3) Release the child to the social services agency responsible
for arranging shelter or foster care.
(4) Return the child as ordered by a court of competent
jurisdiction.
(c) Upon the arrest of a person for a violation of Section 278 or
278.5, a law enforcement officer shall take possession of an abducted
child who is found in the company of, or under the control of, the
arrested person and deliver the child as directed in subdivision (b).
(d) Notwithstanding any other law, when a person is arrested for
an alleged violation of Section 278 or 278.5, the court shall, at the
time of the arraignment or thereafter, order that the child shall be
returned to the lawful custodian by or on a specific date, or that
the person show cause on that date why the child has not been
returned as ordered. If conflicting custodial orders exist within
this state, or between this state and a foreign state, the court
shall set a hearing within five court days to determine which court
has jurisdiction under the laws of this state and determine which
state has subject matter jurisdiction to issue a custodial order
under the laws of this state, the Uniform Child Custody Jurisdiction
Act (Part 3 (commencing with Section 3400) of Division 8 of the
Family Code), or federal law, if applicable. At the conclusion of the
hearing, or if the child has not been returned as ordered by the
court at the time of arraignment, the court shall enter an order as
to which custody order is valid and is to be enforced. If the child
has not been returned at the conclusion of the hearing, the court
shall set a date within a reasonable time by which the child shall be
returned to the lawful custodian, and order the defendant to comply
by this date, or to show cause on that date why he or she has not
returned the child as directed. The court shall only enforce its
order, or any subsequent orders for the return of the child, under
subdivision (a) of Section 1219 of the Code of Civil Procedure, to
ensure that the child is promptly placed with the lawful custodian.
An order adverse to either the prosecution or defense is reviewable
by a writ of mandate or prohibition addressed to the appropriate
court.
280. Every person who willfully causes or permits the removal or
concealment of any child in violation of Section 8713, 8803, or 8910
of the Family Code shall be punished as follows:
(a) By imprisonment in a county jail for not more than one year if
the child is concealed within the county in which the adoption
proceeding is pending or in which the child has been placed for
adoption, or is removed from that county to a place within this
state.
(b) By imprisonment pursuant to subdivision (h) of Section 1170,
or by imprisonment in a county jail for not more than one year, if
the child is removed from that county to a place outside of this
state.

CHAPTER 5. BIGAMY, INCEST, AND THE CRIME AGAINST NATURE