West's Ann.Cal.Penal Code Refs & Annos


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Penal Code (Refs & Annos)

Title of the Act


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 1


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§ 1. Title and divisions


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. [FN1]


IV.--OF PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS. [FN2]


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(Enacted in 1872. Amended by Stats.1985, c. 367, § 1.)


[FN1] Former Part 3, consisting of §§ 1572 to 1613 and entitled as above, was repealed by Stats.1941, c. 98, § 2; Stats.1941, c. 106, § 1. Present Part 3, entitled “Of Imprisonment and The Death Penalty,” consisting of § 1999 et seq., was added by Stats.1941, c. 106, § 15.”


[FN2] Part 4, consisting of § 11000 et seq., was added by Stats.1953, c. 1385, § 1; Part 5, Peace Officers' Memorial, consisting of § 15000 et seq., was added by Stats.1985, c. 1518, § 1.


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 2


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§ 2. Effective date


WHEN THIS ACT TAKES EFFECT. This Code takes effect at twelve o'clock, noon, on the first day of January, eighteen hundred and seventy-three.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 3


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§ 3. Prospective effect


NOT RETROACTIVE. No part of it is retroactive, unless expressly so declared.


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(Enacted in 1872.)


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West's Ann.Cal.Penal Code § 4


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§ 4. Construction


CONSTRUCTION OF THE PENAL CODE. 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.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 5


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§ 5. Construction; provisions similar to existing statutes


PROVISIONS SIMILAR TO EXISTING LAWS, HOW CONSTRUED. 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.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 6


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§ 6. Effect of code upon acts or omissions commenced before or after effective date


EFFECT OF CODE UPON PAST OFFENSES. 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.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 7


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§ 7. Words and phrases


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.


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(Enacted in 1872. Amended by Code Amendments 1873-74, c. 614, § 1; Stats.1905, c. 476, § 1; Stats.1959, c. 404, p. 2337, § 1; Stats.1968, c. 1222, p. 2316, § 51; Stats.1986, c. 877, § 12; Stats.1987, c. 828, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 7.5


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§ 7.5. Interpretation of offenses or criminal conduct


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.


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(Added by Stats.1998, c. 162 (S.B.2061), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 8


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§ 8. Intent to defraud; sufficiency


WHAT INTENT TO DEFRAUD IS SUFFICIENT. 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.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 9


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§ 9. Civil remedies; preservation


CIVIL REMEDIES PRESERVED. 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.


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(Enacted in 1872.)


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West's Ann.Cal.Penal Code § 10


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§ 10. Proceedings for impeachment, removal, forfeiture, etc., of public officer, trustee, etc.; preservation


PROCEEDINGS TO IMPEACH OR REMOVE OFFICERS AND OTHERS PRESERVED. 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.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 11


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§ 11. Power of courts-martial or military authority; power to punish for contempt; preservation


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.


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(Enacted in 1872. Amended by Stats.1957, c. 139, p. 734, § 1; Stats.1989, c. 897, § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 12


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§ 12. Sections declaring crimes punishable; court to determine and impose punishment


OF SECTIONS DECLARING CRIMES PUNISHABLE. 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.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 13


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§ 13. Limits of punishment stated; authority to sentence within limits


PUNISHMENTS, HOW DETERMINED. 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.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 14


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§ 14. Perjury; testimony of witness provable against him


WITNESS' TESTIMONY MAY BE READ AGAINST HIM ON PROSECUTION FOR PERJURY. 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.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 15


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§ 15. Crime and public offense defined


“ 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.


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(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 16


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§ 16. Crimes; kinds


Crimes and public offenses include:


1. Felonies;


2. Misdemeanors; and


3. Infractions.


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(Enacted in 1872. Amended by Stats.1968, c. 1192, p. 2254, § 1, operative Jan. 1, 1969.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 17


Effective: October 1, 2011


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§ 17. Felony; misdemeanor; infraction; classification of offenses


(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.


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(Enacted in 1872. Amended by Code Am.1873-74, c. 196, p. 455, § 1; Stats.1947, c. 826, p. 1960, § 1; Stats.1957, c. 1012, p. 2249, § 1; Stats.1959, c. 532, p. 2498, § 1; Stats.1963, c. 919, p. 2169, § 1; Stats.1968, c. 1192, p. 2254, § 2, operative Jan. 1, 1969; Stats.1969, c. 1144, p. 2214, § 1; Stats.1975, c. 664, p. 1454, § 1; Stats.1976, c. 1070, p. 4809, § 1, eff. Sept. 21, 1976; Stats.1980, c. 1270, p. 4296, § 1; Stats.1989, c. 897, § 5; Stats.1998, c. 960 (A.B.2680), § 1; Stats.2011, c. 15 (A.B.109), § 228, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011-2012, 1st Ex.Sess., c. 12 (A.B.17), § 6, eff. Sept. 21, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 17.5


Effective: October 1, 2011


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§ 17.5. Legislative findings and declarations regarding recidivism


(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.


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(Added by Stats.2011, c. 15 (A.B.109), § 229, eff. April 4, 2011, operative Oct. 1, 2011. Amended by Stats.2011, c. 39 (A.B.117), § 5, eff. June 30, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 18


Effective: October 1, 2011


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§ 18. Punishment for felony not otherwise prescribed; alternate sentence to county jail


(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 tosubdivision (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.


CREDIT(S)


(Added by Stats.1931, c. 483, p. 1058, § 2. Amended by Stats.1953, c. 812, p. 2119, § 1; Stats.1957, c. 2262, p. 3966, § 1; Stats.1976, c. 1139, p. 5089, § 98, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 230, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011-2012, 1st Ex.Sess., c. 12 (A.B.17), § 7, eff. Sept. 21, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 18a


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§§ 18a, 18b. Repealed by Stats.1976, c. 1139, p. 5089, §§ 99, 100, operative July 1, 1977


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 18b


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§§ 18a, 18b. Repealed by Stats.1976, c. 1139, p. 5089, §§ 99, 100, operative July 1, 1977


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19


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§ 19. Punishment for misdemeanor; punishment not otherwise prescribed


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1933, c. 848, p. 2216, § 1; Stats.1983, c. 1092, § 231, eff. Sept. 27, 1983, operative Jan. 1, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19a


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§ 19a. Renumbered Penal Code § 19.2 and amended by Stats.1989, c. 897, § 6


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19b


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§ 19b. Repealed by Stats.1989, c. 897, § 7


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19c


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§§ 19c to 19e. Renumbered Penal Code §§ 19.6 to 19.8 and amended by Stats.1989, c. 897, §§ 8 to 10


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19d


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§§ 19c to 19e. Renumbered Penal Code §§ 19.6 to 19.8 and amended by Stats.1989, c. 897, §§ 8 to 10


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19e


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Preliminary Provisions

§§ 19c to 19e. Renumbered Penal Code §§ 19.6 to 19.8 and amended by Stats.1989, c. 897, §§ 8 to 10


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19.2


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 19.2. Punishment for misdemeanor; maximum confinement


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.


CREDIT(S)


(Formerly § 19a, added by Stats.1933, c. 848, p. 2217, § 2. Amended by Stats.1941, c. 552, p. 1916, § 1; Stats.1949, c. 1390, p. 2426, § 10; Stats.1951, c. 1412, p. 3367, § 1; Stats.1957, c. 139, p. 734, § 2. Renumbered § 19.2 and amended by Stats.1989, c. 897, § 6. Amended by Stats.2011, c. 15 (A.B.109), § 231, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19.4


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 19.4. Penalty in absence of one prescribed by statute


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.


CREDIT(S)


(Added by Stats.1989, c. 897, § 11.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19.6


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 19.6. Infractions; punishment; jury trial; right to public defender


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.


CREDIT(S)


(Formerly § 19c, added by Stats.1968, c. 1192, p. 2255, § 3, operative Jan. 1, 1969. Renumbered § 19.6 and amended by Stats.1989, c. 897, § 8.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19.7


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 19.7. Application of misdemeanor-related laws to infractions


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.


CREDIT(S)


(Formerly § 19d, added by Stats.1968, c. 1192, p. 2255, § 4, operative Jan. 1, 1969. Renumbered § 19.7 and amended by Stats.1989, c. 897, § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19.8


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 19.8. Infractions; classification of offenses; fines; effect of conviction


(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.


CREDIT(S)


(Added by Stats.1997, c. 741 (A.B.99), § 2.5, operative Jan. 1, 2005. Amended by Stats.2005, c. 307 (A.B.646), § 1; Stats.2006, c. 901 (S.B.1422), § 4; Stats.2006, c. 228 (A.B.2612), § 1; Stats.2010, c. 366 (A.B.1829), § 3; Stats.2010, c. 536 (A.B.1675), § 1.5; Stats.2012, c. 867 (S.B.1144), § 14; Stats.2012, c. 702 (A.B.2489), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 19.9


Effective: June 27, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 19.9. “Mandatory supervision” defined


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.


CREDIT(S)


(Added by Stats.2012, c. 43 (S.B.1023), § 14, eff. June 27, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 20


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 20. Crime; unity of act and intent, or criminal negligence


TO CONSTITUTE CRIME THERE MUST BE UNITY OF ACT AND INTENT. In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 21


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 21. Renumbered § 29.2 and amended by Stats.2012, c. 162 (A.B. 1171), § 118


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 21a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 21a. Attempt to commit crime; specific intent and ineffectual act


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.


CREDIT(S)


(Added by Stats.1986, c. 519, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 22


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 22. Renumbered § 29.4 and amended by Stats.2012, c. 162 (A.B. 1171), § 119


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 23


Effective: January 1, 2003


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 23. State-licensed professional; criminal proceeding against; appearance by licensing agency


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.


CREDIT(S)


(Added by Stats.1979, c. 1013, p. 3460, § 34. Amended by Stats.1989, c. 388, § 6; Stats.2002, c. 545 (S.B.1852), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 24


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Preliminary Provisions

§ 24. Citation of code


THIS ACT, HOW CITED. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 25


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 25. Diminished capacity; insanity; evidence; amendment of section


(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.


CREDIT(S)


(Added by Initiative Measure, approved by the people, June 8, 1982.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 25.5


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 25.5. Renumbered § 29.8 and amended by Stats.2012, c. 162 (A.B. 1171), § 120


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 26


Effective: January 1, 2008


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 26. Persons capable of committing crime; exceptions


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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 422, § 2; Stats.1976, c. 1181, p. 5285, § 1; Stats.1981, c. 404, p. 1592, § 3; Stats.2007, c. 31 (A.B.1640), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 27


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 27. Persons liable to punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 478, p. 638, § 1; Stats.1980, c. 889, p. 2789, § 2; Stats.1993, c. 610 (A.B.6), § 2, eff. Oct. 1, 1993; Stats.1993, c. 611 (S.B.60), § 2, eff. Oct. 1, 1993.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 28


Effective: January 1, 2003


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 28. Evidence of mental disease, mental defect or mental disorder


(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.


CREDIT(S)


(Added by Stats.1981, c. 404, p. 1592, § 4. Amended by Stats.1982, c. 893, p. 3318, § 3; Stats.1984, c. 1433, § 1; Stats.2001, c. 854 (S.B.205), § 18; Stats.2002, c. 784 (S.B.1316), § 528.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 29


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 29. Mental state; restriction on expert testimony; determination by trier of fact


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.


CREDIT(S)


(Added by Stats.1984, c. 1433, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 29.2

Formerly cited as CA PENAL § 21


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 29.2. Manifestation of intent; evidence of lack of capacity or ability to control conduct


(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.


CREDIT(S)


(Formerly § 21, enacted in 1872. Amended by Stats.1981, c. 404, p. 1591, § 1; Stats.1982, c. 893, § 1. Renumbered § 29.2 and amended by Stats.2012, c. 162 (S.B.1171), § 118.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 29.4

Formerly cited as CA PENAL § 22


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 29.4. Voluntary intoxication as excuse for crime; admissibility of evidence


(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.


CREDIT(S)


(Formerly § 22, enacted in 1872. Amended by Stats.1981, c. 404, p. 1592, § 2; Stats.1982, c. 893, § 2; Stats.1995, c. 793 (S.B.121), § 1. Renumbered § 29.4 and amended by Stats.2012, c. 162 (S.B.1171), § 119.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 29.8

Formerly cited as CA PENAL § 25.5


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 1. Of Persons Liable to Punishment for Crime

§ 29.8. Basis of defense; plea of not guilty by reason of insanity


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.


CREDIT(S)


(Formerly § 25.5, added by Stats.1993-94, 1st Ex.Sess., c. 10 (S.B.40), § 1. Renumbered § 29.8 and amended by Stats.2012, c. 162 (S.B.1171), § 120.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 30


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 2. Of Parties to Crime

§ 30. Classification


CLASSIFICATION OF PARTIES TO CRIME. The parties to crimes are classified as:


1. Principals; and,


2. Accessories.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 31


Effective: January 1, 2008


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 2. Of Parties to Crime

§ 31. Principals defined


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.2007, c. 31 (A.B.1640), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 32


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 2. Of Parties to Crime

§ 32. Accessories defined


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1935, c. 436, p. 1484, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 33


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 2. Of Parties to Crime

§ 33. Accessories; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1957, c. 139, p. 742, § 27; Stats.1976, c. 1139, p. 5089, § 101, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 232, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 3, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 3. Of Offenses Against the Sovereignty of the State


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 37


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 3. Of Offenses Against the Sovereignty of the State (Refs & Annos)

§ 37. Treason; definition; evidence necessary to support conviction; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1977, c. 316, p. 1256, § 2, eff. Aug. 11, 1977; Stats.1989, c. 897, § 12.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 38


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 3. Of Offenses Against the Sovereignty of the State (Refs & Annos)

§ 38. Misprision of treason; definition; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5089, § 102, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 233, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 40


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 4. Of Crimes Against the Elective Franchise [Repealed]

§§ 40 to 64   1/2 . Repealed by Stats.1917, cc. 121, 122, p. 170, § 1; Stats.1935, c. 330, p. 1152, § 69; Stats.1939, c. 26, p. 317, § 90002


DISPOSITION OF SECTIONS


The sections of the Penal Code shown in this Table have been incorporated into other codes as indicated.


Penal Code Section

Elections Code Section

40

29655

41

29102

42

29200

42a

29200

43

29654

44

1800 (repealed)

45

29610, 29640

46

29640

47

29641

48

29649

49

29643

49a

29401 (repealed)

50

29646

51

29647

52

29648

53

29630, 29653

54

12040 (repealed),

 

12041 (repealed)

54a

29420, 29621

54b

29305, 29420, 29620,

 

29622 to 29624

55

12044 (repealed)

55a

12050 (repealed),

 

12054 (repealed)

56

12045 (repealed)

57

29421

57a

29649

58

29440

59

29630, 29631

60

29003 (repealed)

61

29001 (repealed)

62

29501

62a

29411

62b

11592 (repealed)

63, 63 1/2

Rep.

63b

Rep.

64

Rep.

64a

29790, 29791

64b

29720, 29732

64 1/2

12013 (repealed),

 

12056 (repealed),

 

29100

Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 64 1/2


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 4. Of Crimes Against the Elective Franchise [Repealed]

§§ 40 to 64   1/2 . Repealed by Stats.1917, cc. 121, 122, p. 170, § 1; Stats.1935, c. 330, p. 1152, § 69; Stats.1939, c. 26, p. 317, § 90002


DISPOSITION OF SECTIONS


The sections of the Penal Code shown in this Table have been incorporated into other codes as indicated.


Penal Code Section

Elections Code Section

40

29655

41

29102

42

29200

42a

29200

43

29654

44

1800 (repealed)

45

29610, 29640

46

29640

47

29641

48

29649

49

29643

49a

29401 (repealed)

50

29646

51

29647

52

29648

53

29630, 29653

54

12040 (repealed),

 

12041 (repealed)

54a

29420, 29621

54b

29305, 29420, 29620,

 

29622 to 29624

55

12044 (repealed)

55a

12050 (repealed),

 

12054 (repealed)

56

12045 (repealed)

57

29421

57a

29649

58

29440

59

29630, 29631

60

29003 (repealed)

61

29001 (repealed)

62

29501

62a

29411

62b

11592 (repealed)

63, 63 1/2

Rep.

63b

Rep.

64

Rep.

64a

29790, 29791

64b

29720, 29732

64 1/2

12013 (repealed),

 

12056 (repealed),

 

29100

Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 5, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 65


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§§ 65, 66. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 66


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§§ 65, 66. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 67


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 67. Bribes; giving or offering to executive officers; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1957, c. 50, p. 612, § 1; Stats.1976, c. 1139, p. 5089, § 103, operative July 1, 1977.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 67 1/2


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 67   1/2 . Renumbered § 67.5 and amended by Stats.1987, c. 828, § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 67.5


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 67.5. Bribes; giving or offering to ministerial officers, employees or appointees


(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.


CREDIT(S)


(Formerly § 67   1/2, added by Stats.1929, c. 555, p. 957, § 1. Amended by Stats.1939, c. 603, p. 2019, § 1. Renumbered § 67.5 and amended by Stats.1987, c. 828, § 2. Amended by Stats.1990, c. 350 (S.B.2084), § 8; Stats.2011, c. 15 (A.B.109), § 234, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 68


Effective: January 1, 2003


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 68. Bribes; executive or ministerial officers, employees, or appointees; asking or receiving; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1933, c. 404, p. 1027, § 1; Stats.1976, c. 1139, p. 5089, § 104, operative July 1, 1977; Stats.2001, c. 282 (S.B.923), § 1; Stats.2002, c. 664 (A.B.3034), § 169.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 69


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 69. Obstructing or resisting executive officers in performance of their duties; attempts; threats; violence; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1957, c. 139, p. 742, § 28; Stats.1976, c. 1139, p. 5089, § 105, operative July 1, 1977; Stats.1983, c. 1092, § 232, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.2011, c. 15 (A.B.109), § 235, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 70


Effective: January 1, 2004


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 70. Executive or ministerial officers, employees or appointees who ask, receive or agree to receive emolument, gratuity or reward, or promise thereof; prohibition; exceptions


(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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 423, § 6; Stats.1929, c. 555, p. 957, § 2; Stats.1975, c. 1164, p. 2882, § 1; Stats.1982, c. 1300, p. 4799, § 1; Stats.1984, c. 1665, § 1; Stats.1997, c. 452 (S.B.243), § 7, eff. Sept. 24, 1997; Stats.2003, c. 104 (A.B.359), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 70.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 70.5. Commissioner of civil marriages; acceptance of fees or gratuities


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.


CREDIT(S)


(Added by Stats.1973, c. 979, p. 1885, § 4. Amended by Stats.1981, c. 327, p. 1469, § 1; Stats.1987, c. 753, § 1; Stats.1992, c. 163 (A.B.2641), § 100, operative Jan. 1, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 71


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 71. Threatening public officers and employees and school officials


(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.


CREDIT(S)


(Added by Stats.1969, c. 1207, p. 2347, § 1. Amended by Stats.1976, c. 1139, p. 5089, § 106, operative July 1, 1977; Stats.1983, c. 1092, § 233, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.2011, c. 15 (A.B.109), § 236, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 72


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 72. Fraudulent claims; presentation; intent; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1927, c. 467, p. 790, § 1; Stats.1969, c. 545, p. 1172, § 1; Stats.1976, c. 1139, p. 5090, § 107, operative July 1, 1977; Stats.1977, c. 1252, p. 4436, § 358, operative July 1, 1978; Stats.1987, c. 828, § 3; Stats.2011, c. 15 (A.B.109), § 237, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 72.5


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 72.5. Seeking public funds for reimbursement of costs for attendance at political functions


(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.


CREDIT(S)


(Added by Stats.1984, c. 970, § 1. Amended by Stats.2011, c. 15 (A.B.109), § 238, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 73


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 73. Appointment to office; giving or offering gratuity or reward


BUYING APPOINTMENTS TO OFFICE. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 74


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 74. Appointment to office; deputations; acceptance of gratuity or reward; punishment; forfeiture of office


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1983, c. 1092, § 234, eff. Sept. 27, 1983, operative Jan. 1, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 74a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§§ 74a, 75. Repealed by Stats.1943, c. 134, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 75


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§§ 74a, 75. Repealed by Stats.1943, c. 134, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 76


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 76. Threatening certain public officials, appointees, judges, staff or their immediate families; intent and apparent ability to carry out threat; punishment


(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.


CREDIT(S)


(Added by Stats.1982, c. 1405, p. 5360, § 1. Amended by Stats.1984, c. 627, § 1; Stats.1992, c. 887 (A.B.3816), § 8; Stats.1993, c. 134 (S.B.1042), § 1; Stats.1994, c. 820 (S.B.1463), § 1; Gov.Reorg.Plan No. 1 of 1995, § 42, eff. July 12, 1995; Stats.1995, c. 354 (A.B.1866), § 1; Stats.1996, c. 305 (A.B.3103), § 43; Stats.1998, c. 606 (S.B.1880), § 6; Stats.2000, c. 233 (S.B.1859), § 1; Stats.2004, c. 512 (A.B.1433), § 1; Stats.2011, c. 15 (A.B.109), § 239, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 77


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 5. Of Crimes by and Against the Executive Power of the State (Refs & Annos)

§ 77. Application of title to administrative and ministerial officers


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1982, c. 1405, p. 5360, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 6, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 6. Of Crimes Against the Legislative Power


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 81


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 6. Of Crimes Against the Legislative Power (Refs & Annos)

§§ 81 to 84. Repealed by Stats.1943, c. 134, p. 1013, § 500012


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 84


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 6. Of Crimes Against the Legislative Power (Refs & Annos)

§§ 81 to 84. Repealed by Stats.1943, c. 134, p. 1013, § 500012


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 85


Effective: September 24, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 6. Of Crimes Against the Legislative Power (Refs & Annos)

§ 85. Bribes; giving or offering; corrupt influencing; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5090, § 108, operative July 1, 1977; Stats.2006, c. 435 (S.B.1308), § 1, eff. Sept. 24, 2006.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 86


Effective: September 24, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 6. Of Crimes Against the Legislative Power (Refs & Annos)

§ 86. Bribes; asking or receiving; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1880, c. 42, p. 7, § 1; Stats.1976, c. 1139, p. 5090, § 109, operative July 1, 1977; Stats.2001, c. 282 (S.B.923), § 2; Stats.2002, c. 664 (A.B.3034), § 170; Stats.2006, c. 435 (S.B.1308), § 2, eff. Sept. 24, 2006.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 87


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 6. Of Crimes Against the Legislative Power (Refs & Annos)

§ 87. Repealed by Stats.1943, c. 134, p. 1013, § 500012


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 88


Effective: September 24, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 6. Of Crimes Against the Legislative Power (Refs & Annos)

§ 88. Forfeiture of and disqualification from holding office


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.2002, c. 787 (S.B.1798), § 7; Stats.2006, c. 435 (S.B.1308), § 3, eff. Sept. 24, 2006.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 89


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 6. Of Crimes Against the Legislative Power (Refs & Annos)

§ 89. Repealed by Stats.1943, c. 134, p. 1013, § 500012


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 92


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 92. Bribes; judicial officer, juror, etc.; giving or offering; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5091, § 110, operative July 1, 1977.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 93


Effective: January 1, 2002


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 93. Bribes; judicial officer, juror, etc.; asking or receiving; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5091, § 111, operative July 1, 1977; Stats.2001, c. 282 (S.B.923), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 94


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 94. Judicial officer emolument; temporary judge compensation; stenographer and reporter fees; penalties


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1895, c. 25, p. 30, § 1; Stats.1993, c. 909 (S.B.15), § 13.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 94.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 94.5. Judges or commissioners; acceptance of fees or gratuities for performing marriage; exceptions


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.


CREDIT(S)


(Added by Stats.1959, c. 1589, p. 3919, § 1. Amended by Stats.1971, c. 642, p. 1264, § 2; Stats.1971, c. 671, p. 1327, § 2.5; Stats.1973, c. 927, p. 1717, § 2; Stats.1977, c. 1257, p. 4432, § 117, eff. Jan. 3, 1977; Stats.1978, c. 305, p. 633, § 1; Stats.1987, c. 753, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 95


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 95. Corrupt influencing of jurors, arbitrators, umpires, or referees; attempts; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 424, § 7; Stats.1976, c. 1139, p. 5091, § 112, operative July 1, 1977; Stats.1983, c. 1092, § 235, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1990, c. 350 (S.B.2084), § 9; Stats.2011, c. 15 (A.B.109), § 240, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 95.1


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 95.1. Threatening juror


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.


CREDIT(S)


(Added by Stats.1987, c. 762, § 1. Amended by Stats.1992, c. 971 (S.B.1299), § 4; Stats.2011, c. 15 (A.B.109), § 241, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 95.2


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 95.2. Juror information provided to defendant without authorization; violation


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.


CREDIT(S)


(Added by Stats.1992, c. 971 (S.B.1299), § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 95.3


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 95.3. Private investigators providing juror information to defendant without authorization; violation


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.


CREDIT(S)


(Added by Stats.1992, c. 971 (S.B.1299), § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 96


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 96. Misconduct of jurors, arbitrators, umpires, or referees; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 424, § 8; Stats.1976, c. 1139, p. 5091, § 113, operative July 1, 1977; Stats.1983, c. 1092, § 236, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.2011, c. 15 (A.B.109), § 242, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 96.5


Effective: January 1, 2000


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 96.5. Perversion or obstruction of justice by judicial officer, court commissioner or referee


(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.


CREDIT(S)


(Added by Stats.1998, c. 512 (A.B.1922), § 1. Amended by Stats.1999, c. 853 (S.B.832), § 7.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 97


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 97. Repealed by Stats.1998, c. 931 (S.B.2139), § 351, eff. Sept. 28, 1998


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 98


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 98. Forfeiture of and disqualification from holding office


OFFICERS TO FORFEIT AND BE DISQUALIFIED FROM HOLDING OFFICE. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 99


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 99. Superintendent of state printing; prohibited interest in contracts; punishment


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.


CREDIT(S)


(Added by Code Am.1875-76, c. 578, p. 19, § 5. Amended by Code Am.1877-78, c. 566, p. 11, § 4; Stats.1895, c. 188, p. 233, § 3; Stats.1976, c. 1139, p. 5091, § 114, operative July 1, 1977; Stats.1983, c. 1092, § 237, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.2011, c. 15 (A.B.109), § 243, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 100


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 1. Bribery and Corruption

§ 100. Superintendent of state printing; collusion; penalty


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.


CREDIT(S)


(Added by Code Am.1875-76, c. 578, p. 19, § 5. Amended by Stats.1905, c. 483, p. 647, § 1; Stats.1976, c. 1139, p. 5092, § 115, operative July 1, 1977; Stats.1983, c. 1092, § 238, eff. Sept. 27, 1983, operative Jan. 1, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 101


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 2. Rescues

§ 101. Repealed by Stats.1941, c. 106, p. 1132, § 16


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 102


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 2. Rescues

§ 102. Injuring, destroying or taking personal property from custody of officer


RETAKING GOODS FROM CUSTODY OF OFFICER. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 7, Ch. 3, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 3. Escapes and Aiding Therein


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 105


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 3. Escapes and Aiding Therein (Refs & Annos)

§§ 105, 106. Repealed by Stats.1941, c. 106, p. 1132, § 16


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 106


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 3. Escapes and Aiding Therein (Refs & Annos)

§§ 105, 106. Repealed by Stats.1941, c. 106, p. 1132, § 16


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 107


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 3. Escapes and Aiding Therein (Refs & Annos)

§ 107. Public training school, reformatory, or county hospital; felony prisoners; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1923, c. 125, p. 270, § 1; Stats.1933, c. 424, p. 1072, § 1; Stats.1935, c. 750, p. 2118, § 1; Stats.1941, c. 106, p. 1080, § 2; Stats.1976, c. 1139, p. 5092, § 116, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 244, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 108


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 3. Escapes and Aiding Therein (Refs & Annos)

§ 108. Repealed by Stats.1941, c. 106, p. 1132, § 16


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 109


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 3. Escapes and Aiding Therein (Refs & Annos)

§ 109. Public training school or reformatory; assisting; punishment


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).


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 484, p. 647, § 1; Stats.1907, c. 222, p. 271, § 1; Stats.1941, c. 106, p. 1081, § 3; Stats.1976, c. 1139, p. 5092, § 117, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 245, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 109a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 3. Escapes and Aiding Therein (Refs & Annos)

§ 109a. Repealed by Stats.1937, c. 369, p. 1182, § 20000


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 110


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 3. Escapes and Aiding Therein (Refs & Annos)

§ 110. Public training school or reformatory; carrying or sending things useful to aid escape; intent; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 484, p. 647, § 2; Stats.1937, c. 542, p. 1555, § 1; Stats.1941, c. 106, p. 1081, § 4; Stats.1976, c. 1139, p. 5092, § 117.5, operative July 1, 1977.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 111


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 3. Escapes and Aiding Therein (Refs & Annos)

§ 111. Repealed by Stats.1941, c. 106, p. 1132, § 16


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 7, Ch. 4, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 112


Effective: January 1, 2002


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 112. Manufacturing or sale of false government documents


(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.


CREDIT(S)


(Formerly § 113, added by Stats.1993-94, 1st Ex.Sess., c. 17 (S.B.29), § 1. Renumbered § 112 and amended by Stats.2001, c. 854 (S.B.205), § 19.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 113


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 113. Manufacture, Distribution or Sale of False Citizenship or Resident Alien Documents: Crime and Punishment [FN1]


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).


CREDIT(S)


(Added by Initiative Measure (Prop. 187, § 2, approved Nov. 8, 1994). Amended by Stats.2011, c. 15 (A.B.109), § 246, eff. April 4, 2011, operative Oct. 1, 2011.)


[FN1] Section heading taken from Prop. 187, § 2 caption.


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 114


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 114. Use of False Citizenship or Resident Alien Documents: Crime and Punishment [FN1]


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).


CREDIT(S)


(Added by Initiative Measure (Prop. 187, § 3, approved Nov. 8, 1994). Amended by Stats.2011, c. 15 (A.B.109), § 247, eff. April 4, 2011, operative Oct. 1, 2011.)


[FN1] Section heading taken from Prop. 187, § 3 caption.


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 115


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 115. Procuring or offering false or forged instrument for record; violations; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1984, c. 593, § 1; Stats.1984, c. 1397, § 8; Stats.1985, c. 106, § 106.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 115.1


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 115.1. Campaign advertisements; use of unauthorized signatures; violations


(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.


CREDIT(S)


(Added by Stats.1990, c. 1590 (S.B.1865), § 2, eff. Sept. 30, 1990. Amended by Stats.1993, c. 334 (A.B.1117), § 2; Stats.2011, c. 15 (A.B.109), § 248, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 115.2


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 115.2. Campaign advertisement falsely representing official public documents; punishment


(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.


CREDIT(S)


(Added by Stats.1991, c. 1051 (S.B.209), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 115.25


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 115.25. Documents and campaign advertisements; inaccurate emergency service phone numbers; punishment


(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.


CREDIT(S)


(Added by Stats.1992, c. 1010 (A.B.3829), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 115.3


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 115.3. Altered certified copy of official record


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.


CREDIT(S)


(Added by Stats.1984, c. 874, § 1, eff. Sept. 5, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 115.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 115.5. Filing false or forged documents relating to single-family residences; punishment; false statement to notary public


(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.


CREDIT(S)


(Added by Stats.1984, c. 1397, § 9.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 116


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 116. Tampering with jury list; destruction of jury box of contents; adding, deleting, or changing names


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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 425, § 9; Stats.1989, c. 1360, § 104.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 116.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 116.5. Jury tampering; violations; exception; penalties


(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.


CREDIT(S)


(Added by Stats.1994, c. 869 (S.B.1999), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 117


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 4. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents (Refs & Annos)

§ 117. Falsification of jury list


FALSIFYING JURY LISTS, ETC. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 118


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 118. Perjury defined; evidence necessary to support conviction


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1955, c. 873, p. 1488, § 2; Stats.1957, c. 1612, p. 2959, § 2; Stats.1980, c. 889, p. 2790, § 3; Stats.1989, c. 897, § 13; Stats.1990, c. 950 (S.B.2681), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 118.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 118.1. Peace officers; false report


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.


CREDIT(S)


(Added by Stats.1990, c. 950 (S.B.2681), § 3. Amended by Stats.1992, c. 427 (A.B.3355), § 124.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 118a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 118a. False affidavit as to testimony as perjury; subsequent contrary testimony


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.


CREDIT(S)


(Added by Stats.1905, c. 485, p. 648, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 119


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 119. Oath defined


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 485, p. 648, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 120


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 120. Oath of office


OATH OF OFFICE. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 121


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 121. Oath; irregularity in administration


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 485, p. 648, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 122


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 122. Incompetency of witness


INCOMPETENCE OF WITNESS NO DEFENSE. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 123


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 123. Materiality and effect of testimony; knowledge of witness


WITNESSES' KNOWLEDGE OF MATERIALITY OF HIS TESTIMONY NOT NECESSARY. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 124


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 124. Deposition, affidavit or certificate; time of completion


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 485, p. 648, § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 125


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 125. Unqualified statement of that not known to be true


STATEMENT OF THAT WHICH ONE DOES NOT KNOW TO BE TRUE. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 126


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 126. Punishment


Perjury is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5092, § 118, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 249, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 127


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 127. Subornation of perjury; definition; punishment


SUBORNATION OF PERJURY. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 128


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 128. Procuring execution of innocent person; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1977, c. 316, p. 1256, § 3, eff. Aug. 11, 1977.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 129


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 5. Perjury and Subornation of Perjury

§ 129. False return required to be under oath


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.


CREDIT(S)


(Added by Stats.1905, c. 485, p. 648, § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 7, Ch. 6, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 131


Effective: January 1, 2004


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 131. Investigations; misrepresentation, concealment, fraudulent conduct


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.


CREDIT(S)


(Added by Stats.2003, c. 876 (S.B.434), § 14.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 132


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 132. Offering forged, altered, or ante-dated book, document, or record


OFFERING FALSE EVIDENCE. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 132.5


Effective: January 1, 2004


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 132.5. Disclosure for valuable consideration of information relating to crimes by prospective witness



<Section added by Stats.1994, c. 869 (S.B.1999), § 3. See, also, another section of the same number, added by Stats.1994, c. 870, § 1.>


(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.


CREDIT(S)


(Added by Stats.1994, c. 869 (S.B.1999), § 3. Amended by Stats.2002, c. 210 (S.B.1739), § 1; Stats.2003, c. 62 (S.B.600), § 222.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 132.5


Effective: January 1, 2004


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 132.5. Disclosure for valuable consideration of information relating to crimes by prospective witness


<Section added by Stats.1994, c. 870, § 1. See, also, another section of the same number, added by Stats.1994, c. 869 (S.B.1999), § 3.>


(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.


CREDIT(S)


(Added by Stats.1994, c. 870 (A.B.501), § 1. Amended by Stats.1995, c. 53 (A.B.1470), § 1; Stats.2002, c. 210 (S.B.1739), § 2; Stats.2003, c. 62 (S.B.600), § 223.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 133


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 133. Deceiving witness to affect testimony


DECEIVING A WITNESS. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 134


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 134. Preparing false documentary evidence


PREPARING FALSE EVIDENCE. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 135


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 135. Destroying or concealing documentary evidence


DESTROYING EVIDENCE. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 135.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 135.5. Evidence tampering in disciplinary proceeding against public safety officer


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.


CREDIT(S)


(Added by Stats.1998, c. 759 (S.B.1600), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 136


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 136. Definitions


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.


CREDIT(S)


(Added by Stats.1980, c. 686, p. 2076, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 136 1/2


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 136   1/2 . Repealed by Stats.1987, c. 828, § 4


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 136.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 136.1. Intimidation of witnesses and victims; offenses; penalties; enhancement; aggravation


(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.


CREDIT(S)


(Added by Stats.1980, c. 686, p. 2076, § 2.1. Amended by Stats.1982, c. 1098, p. 3997, § 1; Stats.1990, c. 350 (S.B.2054), § 10; Stats.1997, c. 500 (S.B.940), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 136.2


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 136.2. Protective orders available in response to good cause belief of harm to, intimidation of, or dissuasion of victim or witness; hearings; findings and consent of law enforcement required; transmission of orders and modified orders; effect of emergency protective orders; restrictions on firearms possession; forms; electronic monitoring


(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 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 assuring appropriate communication and information sharing between criminal, family, and juvenile courts concerning orders and cases that involve the same parties, and shall permit a family or juvenile court order to coexist with a criminal court protective order subject to the following conditions:


(1) 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, 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.


CREDIT(S)


(Added by Stats.1980, c. 686, p. 2077, § 2.2. Amended by Stats.1988, c. 182, § 1, eff. June 15, 1988; Stats.1989, c. 1378, § 1; Stats.1990, c. 935 (A.B.3593), § 6; Stats.1996, c. 904 (A.B.2224), § 2; Stats.1997, c. 48 (A.B.340), § 1; Stats.1997, c. 847 (A.B.45), § 1.5; Stats.1998, c. 187 (A.B.1531), § 2; Stats.1999, c. 83 (S.B.966), § 136; Stats.1999, c. 661 (A.B.825), § 9; Stats.2001, c. 698 (A.B.160), § 4; Stats.2003, c. 498 (S.B.226), § 6; Stats.2005, c. 132 (A.B.112), § 1; Stats.2005, c. 465 (A.B.118), § 2; Stats.2005, c. 631 (S.B.720), § 3; Stats.2005, c. 702 (A.B.1288), § 1.7; Stats.2008, c. 86 (A.B.1771), § 1; Stats.2010, c. 178 (S.B.1115), § 42, operative Jan. 1, 2012; Stats.2011, c. 155 (S.B.723), § 1; Stats.2012, c. 162 (S.B.1171), § 121; Stats.2012, c. 513 (A.B.2467), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 136.3


Effective: January 1, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 136.3. Addresses or locations of persons protected under court order; prohibition upon certain enjoined parties from acting to obtain such information


(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.


CREDIT(S)


(Added by Stats.2005, c. 472 (A.B.978), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 136.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 136.5. Deadly weapon; intent to use to intimidate witness; offense; penalty


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.


CREDIT(S)


(Added by Stats.1982, c. 1101, p. 4002, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 136.7


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 136.7. Sexual offender revealing name and address of witness or victim with intent that another prisoner initiate harassing correspondence


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.


CREDIT(S)


(Added by Stats.1987, c. 520, § 1. Amended by Stats.2011, c. 15 (A.B.109), § 250, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 137


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 137. Influencing testimony or information given to a law enforcement official


(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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 425, § 10; Stats.1970, c. 353, p. 766, § 1; Stats.1977, c. 67, p. 471, § 1; Stats.1979, c. 944, p. 3252, § 2; Stats.1980, c. 1120, p. 3617, § 1; Stats.2011, c. 15 (A.B.109), § 251, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 138


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 138. Witnesses; bribes; offering or accepting


(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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 425, § 11; Stats.1987, c. 828, § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 139


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 139. Threat to use force or violence upon witnesses, victims, or their immediate families; punishment


(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.


CREDIT(S)


(Added by Stats.1985, c. 962, § 3. Amended by Stats.1989, c. 1378, § 2; Stats.1990, c. 80 (A.B.1265), § 1; Stats.2010, c. 178 (S.B.1115), § 43, operative Jan. 1, 2012; Stats.2011, c. 15 (A.B.109), § 253, eff. April 4, 2011, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 140


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 140. Threatening witnesses, victims or informants; misdemeanor


(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.


CREDIT(S)


(Formerly § 152, added by Stats.1982, c. 1100, p. 4001, § 1. Renumbered § 140 and amended by Stats.1985, c. 962, § 4. Amended by Stats.1986, c. 1442, § 1; Stats.1988, c. 1386, § 1; Stats.1990, c. 80 (A.B.1265), § 2; Stats.1998, c. 245 (A.B.1797), § 1; Stats.2011, c. 15 (A.B.109), § 254, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 141


Effective: January 1, 2001


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 6. Falsifying Evidence, and Bribing, Influencing, Intimidating or Threatening Witnesses (Refs & Annos)

§ 141. Peace officers; intentional alteration of physical matter with intent to charge person with a crime; felony


(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.


CREDIT(S)


(Added by Stats.2000, c. 620 (A.B.1993), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 7, Ch. 7, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 142


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 142. Officer refusing to receive or arrest person charged with offense; punishment; designation of facilities and classes of prisoners by sheriff; exemption


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1957, c. 139, p. 742, § 29; Stats.1970, c. 829, p. 1563, § 1; Stats.1976, c. 1139, p. 5093, § 120, operative July 1, 1977; Stats.1979, c. 169, p. 387, § 1; Stats.1983, c. 1092, § 239, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.2002, c. 526 (A.B.1835), § 1; Stats.2011, c. 15 (A.B.109), § 255, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 143


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§§ 143, 144. Repealed by Stats.1947, c. 424, p. 1307, § 4; Stats.1951, c. 1581, p. 3579, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 144


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§§ 143, 144. Repealed by Stats.1947, c. 424, p. 1307, § 4; Stats.1951, c. 1581, p. 3579, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 145


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 145. Officer delaying to take arrested person before magistrate


DELAYING TO TAKE PERSON ARRESTED BEFORE A MAGISTRATE. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 146


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 146. Arrests, seizures, levies, or dispositions without process or authority


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1990, c. 350 (S.B.2084), § 11.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 146a


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 146a. Impersonating an officer; punishment


(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.


CREDIT(S)


(Added by Stats.1929, c. 211, p. 377, § 1. Amended by Stats.1931, c. 680, p. 1420, § 1; Stats.1976, c. 1125, p. 5035, § 13.8; Stats.1990, c. 350 (S.B.2084), § 12; Stats.1993, c. 823 (A.B.1664), § 1; Stats.2011, c. 15 (A.B.109), § 256, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 146b


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 146b. Simulating official inquiries


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.


CREDIT(S)


(Added by Stats.1959, c. 2135, p. 5048, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 146c


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 146c. Use of terms “peace officer,” “police” or “law enforcement” in name of nongovernmental organization; soliciting members; misdemeanor


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.


CREDIT(S)


(Added by Stats.1963, c. 1180, p. 2679, § 1. Amended by Stats.1973, c. 167, p. 470, § 14; Stats.1981, c. 387, p. 1575, § 1; Stats.1994, c. 202 (A.B.2473), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 146d


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 146d. Sale or gift of membership card, badge or device implying less vigorous law enforcement as to recipient


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.


CREDIT(S)


(Added by Stats.1963, c. 1180, p. 2680, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 146e


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 146e. Unlawful publication, dissemination or disclosure of residence address or telephone number of peace officer, nonsworn police dispatchers, employees of city police department or county sheriff's office, or public safety official; inclusion of family members


(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.


CREDIT(S)


(Added by Stats.1970, c. 1143, p. 2026, § 1. Amended by Stats.1983, c. 399, § 1; Stats.1991, c. 579 (A.B.972), § 1; Stats.1992, c. 1242 (S.B.602), § 1; Stats.1994, c. 77 (A.B.1931), § 2; Stats.2002, c. 621 (A.B.2238), § 4; Stats.2011, c. 15 (A.B.109), § 257, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 146f


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 146f. Inmate access to peace officer personnel information


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.


CREDIT(S)


(Added by Stats.1983, c. 399, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 146g


Effective: January 1, 2008


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 146g. Unlawful disclosure or solicitation of confidential information obtained in a criminal investigation; solicitation or sale of photographs or video taken inside secure area prohibited


(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.


CREDIT(S)


(Added by Stats.2007, c. 401 (A.B.920), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 147


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 147. Officer inhumanely or oppressively treating prisoners; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1983, c. 1092, § 240, eff. Sept. 27, 1983, operative Jan. 1, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 148


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 148. Resisting, delaying or obstructing officer or emergency medical technician; interference with public safety radio communications; removal or taking of weapon; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1957, c. 139, p. 742, § 30; Stats.1983, c. 73, § 1; Stats.1987, c. 257, § 1; Stats.1989, c. 1005, § 1; Stats.1990, c. 1181 (A.B.1925), § 1; Stats.1997, c. 111 (S.B.282), § 1; Stats.1997, c. 464 (S.B.57), § 1; Stats.1999, c. 853 (S.B.832), § 8; Stats.2011, c. 15 (A.B.109), § 258, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 148.1


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 148.1. False report of secretion of explosive or facsimile bomb; sending or placing false or facsimile bomb; penalty


(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.


CREDIT(S)


(Added by Stats.1957, c. 1852, p. 3254, § 1. Amended by Stats.1959, c. 1209, p. 3298, § 1; Stats.1961, c. 781, p. 2043, § 1; Stats.1961, c. 2021, p. 4234, § 1; Stats.1963, c. 372, p. 1159, § 1; Stats.1971, c. 634, p. 1250, § 1; Stats.1972, c. 1142, p. 2210, § 1; Stats.1976, c. 1137, p. 5055, § 1; Stats.1977, c. 165, p. 641, § 4, eff. June 29, 1977, operative July 1, 1977; Stats.1984, c. 824, § 1; Stats.1991, c. 503 (S.B.384), § 1; Stats.1998, c. 760 (S.B.1690), § 1; Stats.2011, c. 15 (A.B.109), § 259, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 148.2


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 148.2. Illegal conduct at burning of building; misdemeanor


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.


CREDIT(S)


(Added by Stats.1966, 1st Ex.Sess., c. 21, p. 307, § 1, eff. April 18, 1966. Amended by Stats.1973, c. 471, p. 946, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 148.3


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 148.3. False report of emergency; punishment; reports of missing children


(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, and who knows that the report is false, and who knows or should know that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death is sustained by any person as a result of the false report, is guilty of a felony and upon conviction thereof shall be punishable by imprisonment 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.


CREDIT(S)


(Added by Stats.1967, c. 134, p. 1167, § 1. Amended by Stats.1976, c. 1139, p. 5094, § 122, operative July 1, 1977; Stats.1983, c. 1092, § 241, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.2002, c. 521 (S.B.2057), § 1; Stats.2006, c. 227 (A.B.2225), § 1; Stats.2011, c. 15 (A.B.109), § 260, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 148.4


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 148.4. Fire protection equipment; fire alarms; tampering with systems; false alarms; punishment


(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.


CREDIT(S)


(Added by Stats.1968, c. 273, p. 605, § 1. Amended by Stats.1976, c. 1139, p. 5094, § 123, operative July 1, 1977; Stats.1978, c. 456, p. 1549, § 1; Stats.1983, c. 1092, § 242, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1990, c. 350 (S.B.2084), § 13; Stats.2011, c. 15 (A.B.109), § 261, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 148.5


Effective: January 1, 2007


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 148.5. False report of criminal offense; misdemeanor


(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.


CREDIT(S)


(Added by Stats.1957, c. 813, p. 2028, § 1. Amended by Stats.1984, c. 824, § 2; Stats.1986, c. 740, § 1; Stats.1987, c. 744, § 1; Stats.1989, c. 1165, § 15; Stats.1990, c. 675 (A.B.389), § 8; Stats.1990, c. 1700 (S.B.1720), § 2; Stats.1998, c. 760 (S.B.1690), § 2; Stats.2006, c. 901 (S.B.1422), § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 148.6


Effective: January 1, 2001


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 148.6. False allegations of misconduct against peace officers; advisory form; signature; civil claims intended to harass or dissuade officer


(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.


CREDIT(S)


(Added by Stats.1995, c. 590 (A.B.1732), § 1. Amended by Stats.1996, c. 586 (A.B.2637), § 1; Stats.2000, c. 289 (S.B.2133), § 1.)


VALIDITY


This section was held unconstitutional, as violative of the First Amendment and equal protection clause, in the decision of Hamilton v. City of San Bernardino, C.D.Cal.2004, 325 F.Supp.2d 1087.


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 148.7


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 148.7. False representations for purpose of serving sentence of another; misdemeanor


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.


CREDIT(S)


(Added by Stats.1963, c. 577, p. 1454, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 148.9


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 148.9. False representation of identity to peace officer; misdemeanor


(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.


CREDIT(S)


(Added by Stats.1982, c. 1386, p. 5283, § 1. Amended by Stats.1983, c. 440, § 1; Stats.1984, c. 824, § 3; Stats.1998, c. 760 (S.B.1690), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 148.10


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 148.10. Resisting peace officer resulting in death or serious bodily injury to peace officer; punishment


(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.


CREDIT(S)


(Added by Stats.1990, c. 1155 (S.B.2172), § 1. Amended by Stats.1998, c. 606 (S.B.1880), § 7; Stats.1999, c. 83 (S.B.966), § 137; Stats.2011, c. 15 (A.B.109), § 262, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 149


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 149. Officer unnecessarily assaulting or beating any person; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1957, c. 139, p. 742, § 31; Stats.1976, c. 1139, p. 5095, § 124, operative July 1, 1977; Stats.1983, c. 1092, § 243, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.2011, c. 15 (A.B.109), § 263, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 150


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 150. Neglect or refusal to join posse comitatus or to aid officers; punishment


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).


CREDIT(S)


(Enacted in 1872. Amended by Stats.1951, c. 1608, p. 3610, § 2; Stats.1968, c. 1222, p. 2317, § 52; Stats.1976, c. 1171, p. 5258, § 23; Stats.1990, c. 273 (A.B.2692), § 1; Stats.1991, c. 910 (S.B.249), § 3; Stats.1998, c. 760 (S.B.1690), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 151


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 151. Advocacy to kill or injure peace officer; punishment


(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.


CREDIT(S)


(Added by Stats.1971, c. 1248, p. 2455, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 152


Effective: January 1, 2000


West's Annotated California Codes Currentness

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Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 152. Accidental death; knowledge and concealment; misdemeanor; punishment


(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.


CREDIT(S)


(Added by Stats.1999, c. 396 (S.B.139), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 152.3


Effective: January 1, 2001


West's Annotated California Codes Currentness

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§ 152.3. Observation of offenses against children


(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.


CREDIT(S)


(Added by Stats.2000, c. 477 (A.B.1422), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 153


Effective: October 1, 2011


West's Annotated California Codes Currentness

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§ 153. Compounding or concealing crimes; punishment


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.


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(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5095, § 125, operative July 1, 1977; Stats.1983, c. 1092, § 244, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.2011, c. 15 (A.B.109), § 264, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 154


Effective: January 25, 2010


West's Annotated California Codes Currentness

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Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 154. Debtor fraudulently removing, conveying, or concealing property; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1921, c. 49, p. 58, § 1; Stats.1983, c. 1092, § 245, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1990, c. 350 (S.B.2084), § 14; Stats.2009-2010, 3rd Ex.Sess., c. 28 (S.B.18), § 6, eff. Jan. 25, 2010.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 155


Effective: January 25, 2010


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 155. Defendant or judgment debtor fraudulently removing, concealing, or disposing of personal property sought to be recovered


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1990, c. 350 (S.B.2084), § 15; Stats.2009-2010, 3rd Ex.Sess., c. 28 (S.B.18), § 7, eff. Jan. 25, 2010.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 155.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

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Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 155.5. Disposal of property to avoid fine or restitution after plea or judgment and prior to sentencing; misdemeanor or felony


(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.


CREDIT(S)


(Added by Stats.1986, c. 650, § 1. Amended by Stats.1996, c. 629 (S.B.1685), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 156


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 156. False pretenses regarding birth of child to intercept inheritance; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5095, § 126, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 265, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 157


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 157. Substitution of one child for another; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5095, § 127, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 266, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 158


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 158. Common barratry defined; punishment


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).


CREDIT(S)


(Enacted in 1872. Amended by Stats.1983, c. 1092, § 246, eff. Sept. 27, 1983, operative Jan. 1, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 159


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 159. Common barratry; proof required


WHAT PROOF IS REQUIRED. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 159a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 159a. Repealed by Stats.1979, c. 653, p. 2013, § 13


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 159 1/2


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 159   1/2 . Renumbered § 159a and amended by Stats.1905, c. 486, p. 649, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 160


Effective: January 1, 2005


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 160. Solicitation of bail for bail licensee


(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.


CREDIT(S)


(Added by Stats.2004, c. 165 (A.B.1694), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 161


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§§ 161 to 163. Repealed by Stats.1939, c. 34, p. 362, § 30013; Stats.1939, c. 980, p. 2732, § 3


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 161a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§§ 161 to 163. Repealed by Stats.1939, c. 34, p. 362, § 30013; Stats.1939, c. 980, p. 2732, § 3


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 162


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§§ 161 to 163. Repealed by Stats.1939, c. 34, p. 362, § 30013; Stats.1939, c. 980, p. 2732, § 3


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 163


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§§ 161 to 163. Repealed by Stats.1939, c. 34, p. 362, § 30013; Stats.1939, c. 980, p. 2732, § 3


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 164


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 164. Defeated by referendum. Election of November 7, 1922


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 165


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 165. Bribery; councilmen, supervisors, or trustees; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 488, p. 650, § 1; Stats.1927, c. 680, p. 1152, § 1; Stats.1976, c. 1139, p. 5096, § 128, operative July 1, 1977.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 166


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 166. Contempt of court; conduct constituting


(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 issued pursuant to Section 136.2, in a pending criminal proceeding involving domestic violence, as defined in Section 13700, or issued as a condition of probation after a conviction in a criminal proceeding involving domestic violence, as defined in Section 13700, or elder or dependent adult abuse, as defined in Section 368, or that is an order described in paragraph (3), shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine.


(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended.


(3) Paragraphs (1) and (2) apply to the following court orders:


(A) 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 subdivisions (c) and (d) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years.


(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1).


(d)(1) A person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under subdivision (g) of Section 12021. [FN1]


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1993, c. 345 (A.B.303), § 1; Stats.1993, c. 583 (S.B.850), § 4; Stats.1996, c. 904 (A.B.2244), § 3; Stats.1996, c. 1077 (A.B.2898), § 13.1; Stats.1999, c. 662 (S.B.218), § 7; Stats.2002, c. 830 (A.B.2695), § 1; Stats.2008, c. 152 (A.B.1424), § 1; Stats.2009, c. 140 (A.B.1164), § 139; Stats.2010, c. 178 (S.B.1115), § 44, operative Jan. 1, 2012; Stats.2010, c. 677 (A.B.2632), § 1; Stats.2011, c. 285 (A.B.1402), § 9; Stats.2011, c. 296 (A.B.1023), § 199; Stats.2011, c. 181 (A.B.141), § 4.)


[FN1] See Penal Code § 29825.


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 166.5


Effective: January 1, 2000


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 166.5. Contempt of court; order for child, spousal, or family support; suspension of proceedings; conditions


(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.


CREDIT(S)


(Added by Stats.1999, c. 653 (A.B.380), § 20.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 167


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 167. Recording or listening to trial jury


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.


CREDIT(S)


(Added by Stats.1957, c. 1119, p. 2419, § 1. Amended by Stats.1959, c. 501, p. 2454, § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 168


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 168. Search warrant or warrant of arrest for felony; disclosure prior to execution; punishment; exceptions


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 489, p. 650, § 1; Stats.1959, c. 501, p. 2458, § 18; Stats.1986, c. 536, § 1; Stats.1993, c. 311 (A.B.1314), § 1; Stats.1996, c. 258 (S.B.1519), § 1; Stats.2011, c. 15 (A.B.109), § 267, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 169


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 169. Parading or picketing near courthouse


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.


CREDIT(S)


(Added by Stats.1970, c. 1411, p. 2679, § 1; Stats.1970, c. 1444, p. 2816, § 1, eff. Sept. 18, 1970.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 170


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 170. Search warrant or warrant of arrest; malicious procuring


MALICIOUSLY PROCURING SEARCH WARRANT. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 171


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 171. Reformatories; unauthorized communication with inmates


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 490, p. 651, § 1; Stats.1941, c. 106, p. 1081, § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 171a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 171a. Repealed by Stats.1972, c. 497, p. 868, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 171b


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 171b. Unauthorized possession of weapons in state or local public building or at public meeting; offense; punishment


(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.


CREDIT(S)


(Added by Stats.1982, c. 1101, p. 4002, § 2. Amended by Stats.1986, c. 1350, § 1; Stats.1988, c. 453, § 1; Stats.1990, c. 350 (S.B.2084), § 16; Stats.1993, c. 598 (S.B.292), § 1; Stats.1994, c. 923 (S.B.1546), § 158; Stats.1995, c. 437 (A.B.830), § 2; Stats.1999, c. 247 (A.B.295), § 1; Stats.2010, c. 178 (S.B.1115), § 45, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 171c


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 171c. Loaded firearms; bringing into or possession within State Capitol, legislative offices, etc.; possession of enumerated prohibited weapons; punishment; exceptions


(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 653k or 12020.


(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 Section 12316.


(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 subdivision (a) of Section 12027, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer.


(2) A person holding a valid license to carry the firearm pursuant to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4, 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 Sections 12021 and 12021.1, 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.


CREDIT(S)


(Added by Stats.2010, c. 689 (A.B.2668), § 2. Amended by Stats.2011, c. 285 (A.B.1402), § 10; Stats.2011, c. 15 (A.B.109), § 268, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 171d


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 171d. Loaded firearms; taking into, or possession of, within governor's mansion or residence of other constitutional officer, etc.; exceptions


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.


CREDIT(S)


(Added by Stats.1967, c. 960, p. 2461, § 3, eff. July 28, 1967. Amended by Stats.1968, c. 1222, p. 2319, § 54; Stats.1976, c. 1125, p. 5036, § 13.10; Stats.1976, c. 1139, p. 5096, § 130, operative July 1, 1977; Stats.2006, c. 538 (S.B.1852), § 497; Stats.2010, c. 178 (S.B.1115), § 47, operative Jan. 1, 2012; Stats.2011, c. 296 (A.B.1023), § 200; Stats.2011, c. 15 (A.B.109), § 270, eff. April 4, 2011, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 171e


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 171e. Firearms deemed loaded; examination; effect of refusal to allow inspection


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.


CREDIT(S)


(Added by Stats.1967, c. 960, p. 2462, § 4, eff. July 28, 1967.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 171f


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 171f. Unauthorized entrance, stay or conduct in state capitol; misdemeanor


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.


CREDIT(S)


(Added by Stats.1969, c. 1528, p. 3121, § 1. Amended by Stats.1975, c. 548, p. 1122, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 171.5


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 171.5. Airports and passenger vessel terminals; prohibited items


(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.”


CREDIT(S)


(Added by Stats.2002, c. 608 (S.B.510), § 1, eff. Sept. 17, 2002. Amended by Stats.2003, c. 62 (S.B.600), § 224; Stats.2003, c. 468 (S.B.851), § 7; Stats.2005, c. 289 (A.B.280), § 1; Stats.2010, c. 178 (S.B.1115), § 48, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 171.7


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 171.7. Possession of prohibited items in sterile area of public transit facility; punishment


(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.


CREDIT(S)


(Added by Stats.2010, c. 675 (A.B.2324), § 1. Amended by Stats.2011, c. 285 (A.B.1402), § 11.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172. Intoxicating liquors; sale near certain institutions; offense; exceptions


(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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1875-76, c. 510, p. 109, § 1; Stats.1905, c. 491, p. 652, § 1; Stats.1907, c. 99, p. 121, § 1; Stats.1911, c. 268, p. 452, § 1; Stats.1915, c. 734, p. 1451, § 1; Stats.1933, c. 826, p. 2185, § 1; Stats.1933, c. 1023, p. 2615, § 1; Stats.1937, c. 186, p. 481, § 1; Stats.1957, c. 526, p. 1567, § 1; Stats.1959, c. 807, p. 2817, § 1; Stats.1961, c. 54, p. 992, § 1; Stats.1963, c. 1437, p. 2985, § 1; Stats.1965, c. 1588, p. 3679, § 1; Stats.1967, c. 667, p. 2037, § 1; Stats.1969, c. 529, p. 1143, § 1; Stats.1971, c. 1024, p. 1970, § 1; Stats.1983, c. 121, § 2, eff. June 23, 1983.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172a. Intoxicating liquors; sale near university; exceptions; exemptions


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.


CREDIT(S)


(Added by Stats.1909, c. 447, p. 780, § 1. Amended by Stats.1933, c. 1023, p. 2616, § 2; Stats.1947, c. 1448, p. 3019, § 1; Stats.1949, c. 1541, p. 2735, § 1; Stats.1954, 1st Ex.Sess., c. 25, p. 282, § 1; Stats.1957, c. 526, p. 1568, § 2; Stats.1959, c. 765, p. 2751, § 1; Stats.1959, c. 2195, p. 5317, § 1; Stats.1961, c. 764, p. 2020, § 1; Stats.1961, c. 1617, p. 3509, § 1; Stats.1965, c. 1588, p. 3679, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172b


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172b. Intoxicating liquor; sale near UCLA campus; punishment; exceptions; measurement of distances


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.


CREDIT(S)


(Added by Stats.1951, c. 1204, p. 3051, § 1. Amended by Stats.1957, c. 526, p. 1569, § 3; Stats.1959, c. 2193, p. 5316, § 1; Stats.1961, c. 1617, p. 3510, § 2; Stats.1965, c. 1588, p. 3680, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172c


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172c. Alcoholic beverages; sale at auction at science center


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.


CREDIT(S)


(Added by Stats.1977, c. 1118, p. 3592, § 1, eff. Sept. 28, 1977. Amended by Stats.1996, c. 841 (A.B.3220), § 15.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172d


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172d. Intoxicating liquors; sale near University, Riverside campus


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.


CREDIT(S)


(Added by Stats.1953, c. 1754, p. 3511, § 1. Amended by Stats.1957, c. 526, p. 1569, § 4; Stats.1961, c. 1617, p. 3511, § 3; Stats.1965, c. 1588, p. 3681, § 4; Stats.1972, c. 1241, p. 2425, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172e


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172e. Intoxicating liquors; sale near certain institutions; exceptions


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.


CREDIT(S)


(Added by Stats.1959, c. 2190, p. 5312, § 1. Amended by Stats.1963, c. 393, p. 1199, § 2; Stats.1965, c. 1310, p. 3195, § 1; Stats.1965, c. 2026, p. 4592, § 2; Stats.1973, c. 599, p. 1123, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172f


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172f. Inapplicability of provisions to sales in existing licensed premises in prohibited areas or included by extension of boundaries or increased enrollment


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.


CREDIT(S)


(Added by Stats.1961, c. 1617, p. 3511, § 4. Amended by Stats.1963, c. 393, p. 1199, § 3; Stats.1967, c. 740, p. 2113, § 1; Stats.1969, c. 1152, p. 2240, § 1; Stats.1976, c. 778, p. 1704, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172g


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172g. Intoxicating liquors; sale near La Sierra College, Loma Linda University, or University of Santa Clara


1. Every person who, within one mile by air line from the intersection of Sierra Vista, Pierce, and Campus Drive streets at the entrance to La Sierra College in the City of Riverside, or within one mile of the grounds or campus of Loma Linda University in the County of San Bernardino, or within one mile of the grounds of the University of Santa Clara in the City of Santa Clara, sells, or exposes for sale, any intoxicating liquor, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100), or by imprisonment in the county jail of not less than 50 days nor more than one year, or by both such fine and imprisonment in the discretion of the court.


2. The provisions of this section shall not apply to the sale or exposing or offering for sale of ale, porter, wine, similar fermented malt or vinous liquor or fruit juice containing one-half of 1 percent or more of alcohol by volume and not more than 3.2 percent of alcohol by weight nor the sale or exposing or offering for sale of beer.


3. Distances provided in this section shall be measured not by air line but by following the shortest road or roads connecting the points in question except those applying to La Sierra College.


CREDIT(S)


(Added by Stats.1963, c. 393, p. 1199, § 1. Amended by Stats.1965, c. 1588, p. 3681, § 5; Stats.1967, c. 740, p. 2113, § 2; Stats.1968, c. 435, p. 1040, § 1; Stats.1970, c. 945, p. 1704, § 1; Stats.1984, c. 140, § 1, eff. May 31, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172h


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172h. Exception; construction of university dormitories within prescribed area


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.


CREDIT(S)


(Added by Stats.1965, c. 1309, p. 3194, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172j


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172j. Intoxicating liquors; sales by retail package off-sale licensees; exemptions


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).


CREDIT(S)


(Added by Stats.1973, c. 210, p. 591, § 1, operative Jan. 1, 1979.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172k


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172k. Repealed by Stats.1973, c. 210, p. 592, § 2, operative Jan. 1, 1979


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172l


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172l. Intoxicating liquors; sale near Claremont Colleges


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.


CREDIT(S)


(Added by Stats.1969, c. 405, p. 939, § 1. Amended by Stats.1973, c. 224, p. 602, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172m


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172m. Intoxicating liquors; sales near Leland Stanford Junior University


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.


CREDIT(S)


(Added by Stats.1970, c. 1442, p. 2805, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172n


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172n. Intoxicating liquors; sale near UCLA campus; exemptions; distances


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.


CREDIT(S)


(Added by Stats.1973, c. 210, p. 592, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172o


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172o. Sale of wine for consumption off the premises at bona fide public eating place; exception from certain provisions prohibiting sale within certain distances of specified institutions


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).


CREDIT(S)


(Added by Stats.1985, c. 267, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172p


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172p. Whittier College; application of § 172a


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.


CREDIT(S)


(Added by Stats.1997, c. 774 (A.B.1082), § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172.1. Exception; possession or use of wine on university or college premises for experimentation or instruction purposes


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.


CREDIT(S)


(Added by Stats.1959, c. 807, p. 2818, § 2. Amended by Stats.1970, c. 102, p. 316, § 565.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172.3


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172.3. Intoxicating liquors; sale near University of Redlands


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.


CREDIT(S)


(Added by Stats.1977, c. 760, p. 2360, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172.5. Intoxicating liquors; sale near University, Berkeley campus; exception of certain clubs


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).


CREDIT(S)


(Added by Stats.1941, c. 259, p. 1371, § 1. Amended by Stats.1965, c. 1588, p. 3682, § 6; Stats.1967, c. 138, p. 1191, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172.6


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172.6. Intoxicating liquors; sale or gift near San Quentin Prison; exception of certain clubs


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.


CREDIT(S)


(Added by Stats.1965, c. 1452, p. 3405, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172.7


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172.7. Intoxicating liquors; sale or gift near Whittier College or Leland Stanford Junior University; exception of certain clubs


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.


CREDIT(S)


(Added by Stats.1969, c. 410, p. 944, § 1. Amended by Stats.1970, c. 1285, p. 2374, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172.8


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172.8. Intoxicating liquors; sale near California Institute of Technology


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.


CREDIT(S)


(Added by Stats.1975, c. 88, p. 157, § 1, eff. May 19, 1975.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172.85


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172.85. Repealed by Stats.1977, c. 663, p. 2123, § 1, operative Jan. 1, 1979; Stats.1978, c. 90, p. 253, § 1, urgency, eff. April 13, 1978


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172.9


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172.9. “University” defined


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.


CREDIT(S)


(Added by Stats.1963, c. 293, p. 1063, § 1. Amended by Stats.1965, c. 1588, p. 3682, § 7.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 172.95


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 172.95. Exemption; sales to wholesalers or retailers


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.


CREDIT(S)


(Added by Stats.1965, c. 710, p. 2108, § 1, eff. June 18, 1965.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 173


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 173. Importing foreign convicts


IMPORTING FOREIGN CONVICTS. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 174


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 174. Repealed by Stats.1972, c. 341, p. 642, § 1; Stats.1972, c. 637, p. 1187, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 175


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 175. Importing foreign convicts; separate prosecution and penalty for each person imported


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1972, c. 341, p. 642, § 2; Stats.1972, c. 637, p. 1187, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 176


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 176. Repealed by Stats.1943, c. 134, p. 1010, § 500003


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 177


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 177. Repealed by Stats.1989, c. 897, § 14


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 178


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§§ 178 to 180a. Repealed by Stats.1905, c. 490, p. 652, § 5; Stats.1905, c. 492, p. 652, §§ 1, 2; Stats.1947, c. 424, p. 1307, § 4


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 180a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§§ 178 to 180a. Repealed by Stats.1905, c. 490, p. 652, § 5; Stats.1905, c. 492, p. 652, §§ 1, 2; Stats.1947, c. 424, p. 1307, § 4


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 181


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 7. Other Offenses Against Public Justice (Refs & Annos)

§ 181. Slavery; infringement of personal liberty; purchase of custody; punishment


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.


CREDIT(S)


(Added by Stats.1901, c. 155, p. 330, § 1. Amended by Stats.1976, c. 1139, p. 5097, § 131, operative July 1, 1977; Stats.2011, c. 15 (A.B.109), § 271, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 182


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 8. Conspiracy

§ 182. Definition; punishment; venue; evidence necessary to support conviction


(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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 426, § 14; Stats.1919, c. 125, p. 170, § 1; Stats.1943, c. 554, p. 2121, § 1; Stats.1953, c. 32, p. 634, § 1; Stats.1955, c. 660, p. 1155, § 1; Stats.1965, c. 924, p. 2534, § 1; Stats.1976, c. 1139, p. 5097, § 132, operative July 1, 1977; Stats.1978, c. 579, p. 1980, § 1; Stats.1983, c. 1092, § 247, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1989, c. 897, § 15; Stats.2001, c. 854 (S.B.205), § 20; Stats.2002, c. 787 (S.B.1798), § 8; Stats.2002, c. 907 (A.B.1155), § 1; Stats.2011, c. 15 (A.B.109), § 272, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 182.5


Effective: January 1, 2001


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 8. Conspiracy

§ 182.5. Participation in criminal street gang


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.


CREDIT(S)


(Added by Initiative Measure (Prop. 21, § 3, approved March 7, 2000, eff. March 8, 2000).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 183


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 8. Conspiracy

§ 183. Non-criminal conspiracies; no criminal punishment


NO OTHER CONSPIRACIES PUNISHABLE CRIMINALLY. No conspiracies, other than those enumerated in the preceding section, are punishable criminally.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 184


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 8. Conspiracy

§ 184. Overt act; venue


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1919, c. 125, p. 171, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 185


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 8. Conspiracy

§ 185. Wearing masks or personal disguises


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.


CREDIT(S)


(Added by Code Am.1873-74, c. 614, p. 426, § 15.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 7, Ch. 9, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 9. Criminal Profiteering


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 9. Criminal Profiteering (Refs & Annos)

§ 186. Short title


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


CREDIT(S)


(Added by Stats.1982, c. 1281, p. 4736, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 9. Criminal Profiteering (Refs & Annos)

§ 186.1. Legislative findings, declaration and intent


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.


CREDIT(S)


(Added by Stats.1982, c. 1281, p. 4736, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.2


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 9. Criminal Profiteering (Refs & Annos)

§ 186.2. Definitions


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.


(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.


CREDIT(S)


(Added by Stats.1993, c. 1125 (A.B.1630), § 2, eff. Oct. 11, 1993, operative Jan. 1, 1997. Amended by Stats.1996, c. 844 (S.B.1992), § 1; Stats.1996, c. 861 (S.B.1558), § 1.5; Stats.1997, c. 17 (S.B.947), § 93; Stats.2000, c. 322 (A.B.1098), § 11; Stats.2002, c. 991 (A.B.1990), § 1; Stats.2003, c. 125 (S.B.968), § 1; Stats.2005, c. 53 (A.B.988), § 1; Stats.2005, c. 240 (A.B.22), § 6.5; Stats.2006, c. 538 (S.B.1852), § 498; Stats.2007, c. 111 (A.B.924), § 1; Stats.2009, c. 211 (A.B.17), § 1, eff. Oct. 11, 2009; Stats.2011, c. 457 (A.B.90), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.3


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 9. Criminal Profiteering (Refs & Annos)

§ 186.3. Assets subject to forfeiture


(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.


CREDIT(S)


(Added by Stats.1982, c. 1281, p. 4737, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.4


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 9. Criminal Profiteering (Refs & Annos)

§ 186.4. Petition of forfeiture; filing; service of notice; lis pendens; judgment


(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.


CREDIT(S)


(Added by Stats.1982, c. 1281, p. 4738, § 1. Amended by Stats.1983, c. 208, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 9. Criminal Profiteering (Refs & Annos)

§ 186.5. Claims of interest in property or proceeds; admission or denial; forfeiture hearing


(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.


CREDIT(S)


(Added by Stats.1982, c. 1281, p. 4738, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.6


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 9. Criminal Profiteering (Refs & Annos)

§ 186.6. Orders to preserve status quo of property; injunctive relief; appointment of receiver; bond or undertaking; other interests protected


(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.


CREDIT(S)


(Added by Stats.1982, c. 1281, p. 4738, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.7


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 9. Criminal Profiteering (Refs & Annos)

§ 186.7. Findings and orders of disposition; security interests and liens; evaluation and sale of property


(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.


CREDIT(S)


(Added by Stats.1982, c. 1281, p. 4739, § 1. Amended by Stats.1992, c. 1020 (S.B.1599), § 3.7.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.8


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 9. Criminal Profiteering (Refs & Annos)

§ 186.8. Disposition of money forfeited or sale proceeds; deposit into certain accounts


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).


CREDIT(S)


(Added by Stats.1982, c. 1281, p. 4740, § 1. Amended by Stats.1985, c. 1099, § 3; Stats.2003, c. 125 (S.B.968), § 2; Stats.2004, c. 183 (A.B.3082), § 266; Stats.2009, c. 211 (A.B.17), § 2, eff. Oct. 11, 2009; Stats.2011, c. 457 (A.B.90), § 2; Stats.2012, c. 514 (S.B.1133), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 7, Ch. 10, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 10. Money Laundering


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.9


Effective: June 27, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 10. Money Laundering (Refs & Annos)

§ 186.9. Definitions


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) [FN1]), 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 [FN2] 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.


CREDIT(S)


(Added by Stats.1986, c. 1039, § 2. Amended by Stats.1987, c. 828, § 7.5; Stats.1992, c. 672 (A.B.3716), § 1; Stats.1994, c. 1187 (A.B.3205), § 1; Stats.1997, c. 578 (A.B.195), § 1; Stats.1997, c. 867 (S.B.8), § 58.5; Stats.2007, c. 130 (A.B.299), § 185; Stats.2012, c. 43 (S.B.1023), § 15, eff. June 27, 2012.)


[FN1] Repealed, 1989.


[FN2] 15 U.S.C.A. § 77b et seq.


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.10


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 10. Money Laundering (Refs & Annos)

§ 186.10. Money laundering; elements; violations; punishment; pleadings


(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.


CREDIT(S)


(Added by Stats.1986, c. 1039, § 2. Amended by Stats.1991, c. 1049 (S.B.197), § 4; Stats.1992, c. 672 (A.B.3716), § 2; Stats.1994, c. 1187 (A.B.3205), § 2; Stats.1996, c. 809 (A.B.2053), § 3; Stats.1997, c. 578 (A.B.195), § 2; Stats.2011, c. 15 (A.B.109), § 273, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 7, Ch. 10.5, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 10.5. Fraud and Embezzlement: Victim Restitution


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.11


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 10.5. Fraud and Embezzlement: Victim Restitution (Refs & Annos)

§ 186.11. Multiple felonies involving fraud or embezzlement; sentence enhancement; fines; restitution; preservation and levy of defendant's property


(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.


CREDIT(S)


(Added by Stats.1996, c. 431 (A.B.2827), § 2. Amended by Stats.2001, c. 854 (S.B.205), § 21; Stats.2004, c. 182 (A.B.3081), § 49, operative July 1, 2005; Stats.2007, c. 408 (A.B.1199), § 1; Stats.2011, c. 182 (A.B.364), § 1.)


APPLICATION


<For legislative intent relating to 2007 amendment, see Stats.2007, c. 408 (A.B.1199), § 2.>


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.12


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 10.5. Fraud and Embezzlement: Victim Restitution (Refs & Annos)

§ 186.12. Felony defined; prevention of dissipation or secreting of property; filing; injunctions; conviction; liquidation of property


(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.


CREDIT(S)


(Added by Stats.2011, c. 371 (A.B.1293), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 7, Ch. 11, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.20


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.20. Citation


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


CREDIT(S)


(Added by Stats.1988, c. 1242, § 1, eff. Sept. 26, 1988; Stats.1988, c. 1256, § 1, eff. Sept. 26, 1988.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.21


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.21. Legislative findings and declarations


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.


CREDIT(S)


(Added by Stats.1988, c. 1242, § 1, eff. Sept. 26, 1988; Stats.1988, c. 1256, § 1, eff. Sept. 26, 1988. Amended by Stats.1998, c. 933 (A.B.1999), § 1; Stats.2011, c. 719 (A.B.887), § 30.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.22


Effective: September 29, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.22. Participation in criminal street gang; penalty



<Section operative until Jan. 1, 2014. See, also, section operative Jan. 1, 2014.>


(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 the county jail not to exceed one year, or by imprisonment in the 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 12034until 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 12072until 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 12101until 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 12021until 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 12025until January 1, 2012, and, on or after that date, Section 25400.


(33) Carrying a loaded firearm in violation of Section 12031until 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 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 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, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.


CREDIT(S)


(Added by Stats.1989, c. 930, § 5.1, operative Jan. 1, 1993. Amended by Stats.1991, c. 201 (A.B.1135), § 1, operative Jan. 1, 1993; Stats.1991, c. 661 (A.B.1866), § 2, operative Jan. 1, 1993; Stats.1993, c. 601 (S.B.724), § 1; Stats.1993, c. 610 (A.B.6), § 3, eff. Oct. 1, 1993; Stats.1993, c. 611 (S.B.60), § 3, eff. Oct. 1, 1993; Stats.1993, c. 1125 (A.B.1630), § 3; Stats.1994, c. 47 (S.B.480), § 1, eff. April 19, 1994; Stats.1994, c. 451 (A.B.2470), § 1; Stats.1995, c. 377 (S.B.1095), § 2; Stats.1996, c. 630 (S.B.1701), § 1; Stats.1996, c. 873 (S.B.318), § 1; Stats.1996, c. 982 (A.B.2035), § 1; Stats.1997, c. 500 (S.B.940), § 2; Initiative Measure (Prop. 21, § 4, approved March 7, 2000, eff. March 8, 2000); Stats.2001, c. 854 (S.B.205), § 22; Stats.2005, c. 482 (S.B.444), § 1; Stats.2006, c. 596 (S.B.1222), § 1; Stats.2009, c. 171 (S.B.150), § 1; Stats.2010, c. 256 (A.B.2263), § 1; Stats.2011, c. 15 (A.B.109), § 275, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011, c. 39 (A.B.117), § 6, eff. June 30, 2011, operative Oct. 1, 2011; Stats.2011, c. 361 (S.B.576), § 1, eff. Sept. 29, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.22


Effective: January 1, 2014


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.22. Participation in criminal street gang; penalty



<Section operative Jan. 1, 2014. See, also, section operative until Jan. 1, 2014.>


(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 the county jail not to exceed one year, or by imprisonment in the 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 12034until 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 12072until 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 12101until 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 12021until 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 12025until January 1, 2012, and, on or after that date, Section 25400.


(33) Carrying a loaded firearm in violation of Section 12031until 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 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 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, 2014.


CREDIT(S)


(Added by Stats.2009, c. 171 (S.B.150), § 2, operative Jan. 1, 2011. Amended by Stats.2010, c. 178 (S.B.1115), § 49, operative Jan. 1, 2012; Stats.2010, c. 256 (A.B.2263), § 2, operative Jan. 1, 2012; Stats.2011, c. 285 (A.B.1402), § 12; Stats.2011, c. 15 (A.B.109), § 276, eff. April 4, 2011, operative Jan. 1, 2012; Stats.2011, c. 39 (A.B.117), § 7, eff. June 30, 2011, operative Jan. 1, 2012; Stats.2011, c. 361 (S.B.576), § 2, eff. Sept. 29, 2011, operative Jan. 1, 2014.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.22a


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.22a. Buildings or places used by criminal street gangs; nuisance; additional remedies; confiscation of firearms or deadly or dangerous weapons owned or possessed by gang members


(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 withSection 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.


CREDIT(S)


(Added by Stats.1988, c. 1256, § 1, eff. Sept. 26, 1988. Amended by Stats.1990, c. 223 (A.B.3485), § 1; Stats.1991, c. 260 (S.B.809), § 1; Stats.1998, c. 631 (S.B.2034), § 1; Stats.2006, c. 901 (S.B.1422), § 5.5; Stats.2007, c. 34 (S.B.271), § 1; Stats.2008, c. 38 (S.B.1126), § 1, eff. June 25, 2008; Stats.2010, c. 178 (S.B.1115), § 50, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.22b


Effective: November 4, 2008


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.22b. Rejected, eff. Nov. 4, 2008


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.23


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.23. Mutual aid activities; labor organizations


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.


CREDIT(S)


(Added by Stats.1988, c. 1242, § 1, eff. Sept. 26, 1988; Stats.1988, c. 1256, § 1, eff. Sept. 26, 1988.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.24


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.24. Severability


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.


CREDIT(S)


(Added by Stats.1988, c. 1242, § 1, eff. Sept. 26, 1988; Stats.1988, c. 1256, § 1, eff. Sept. 26, 1988.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.25


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.25. Local laws; preemption


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.


CREDIT(S)


(Added by Stats.1988, c. 1242, § 1, eff. Sept. 26, 1988; Stats.1988, c. 1256, § 1, eff. Sept. 26, 1988.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.26


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.26. Criminal street gang; soliciting or recruiting another to actively participate; use of coercion or violence; penalties


(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.


CREDIT(S)


(Added by Initiative Measure (Prop. 21, § 6, approved March 7, 2000, eff. March 8, 2000). Amended by Stats.2001, c. 854 (S.B.205), § 23; Stats.2011, c. 15 (A.B.109), § 277, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011, c. 39 (A.B.117), § 8, eff. June 30, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.27


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.27. Repealed by Stats.1996, c. 873 (S.B.318), § 2; Stats.1996, c. 982 (A.B.2035), § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.28


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.28. Firearms; supply, sell or give possession; participation in criminal street gangs


(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.


CREDIT(S)


(Added by Stats.1992, c. 370 (S.B.437), § 1. Amended by Stats.2011, c. 15 (A.B.109), § 278, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.30


Effective: January 1, 2001


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.30. Conviction of crimes regarding criminal street gangs; registration with police chief or sheriff


(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.


CREDIT(S)


(Added by Initiative Measure (Prop. 21, § 7, approved March 7, 2000, eff. March 8, 2000).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.31


Effective: January 1, 2001


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.31. Advisement of duty to register


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.


CREDIT(S)


(Added by Initiative Measure (Prop. 21, § 8, approved March 7, 2000, eff. March 8, 2000).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.32


Effective: January 1, 2001


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.32. Registration; contents and requirements


(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.


CREDIT(S)


(Added by Initiative Measure (Prop. 21, § 9, approved March 7, 2000, eff. March 8, 2000).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.33


Effective: September 29, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.33. Violation of registration requirement; penalty



<Section operative until Jan. 1, 2014. See, also, section operative Jan. 1, 2014.>


(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, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.


CREDIT(S)


(Added by Initiative Measure (Prop. 21, § 10, approved March 7, 2000, eff. March 8, 2000). Amended by Stats.2009, c. 171 (S.B.150), § 3; Stats.2010, c. 256 (A.B.2263), § 3; Stats.2011, c. 15 (A.B.109), § 279, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011, c. 39 (A.B.117), § 9, eff. June 30, 2011, operative Oct. 1, 2011; Stats.2011, c. 361 (S.B.576), § 3, eff. Sept. 29, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.33


Effective: January 1, 2014


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.33. Violation of registration requirement; penalty



<Section operative Jan. 1, 2014. See, also, section operative until Jan. 1, 2014.>


(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, 2014.


CREDIT(S)


(Added by Stats.2009, c. 171 (S.B.150), § 4, operative Jan. 1, 2011. Amended by Stats.2010, c. 256 (A.B.2263), § 4, operative Jan. 1, 2012; Stats.2011, c. 15 (A.B.109), § 280, eff. April 4, 2011, operative Jan. 1, 2012; Stats.2011, c. 39 (A.B.117), § 10, eff. June 30, 2011, operative Jan. 1, 2012; Stats.2011, c. 361 (S.B.576), § 4, eff. Sept. 29, 2011, operative Jan. 1, 2014.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 186.34


Effective: November 4, 2008


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 7. Of Crimes Against Public Justice

Chapter 11. Street Terrorism Enforcement and Prevention Act (Refs & Annos)

§ 186.34. Rejected, eff. Nov. 4, 2008


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 1, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 187


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 187. Murder defined


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1970, c. 1311, p. 2440, § 1; Stats.1996, c. 1023 (S.B.1497), § 385, eff. Sept. 29, 1996.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 188


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 188. Malice, express malice, and implied malice defined


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1981, c. 404, p. 1593, § 6; Stats.1982, c. 893, § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 189


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 189. Murder; degrees


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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 427, § 16; Stats.1949, First Ex.Sess., c. 16, p. 30, § 1, eff. Jan. 6, 1950; Stats.1969, c. 923, p. 1852, § 1; Stats.1970, c. 771, p. 1456, § 3, eff. Aug. 19, 1970; Stats.1981, c. 404, p. 1593, § 7; Stats.1982, c. 949, p. 3438, § 1, eff. Sept. 13, 1982; Stats.1982, c. 950, p. 3440, § 1, eff. Sept. 13, 1982; Initiative Measure (Prop. 115), approved June 5, 1990, eff. June 6, 1990; Stats.1993, c. 609, (S.B.310), § 1; Stats.1993, c. 610 (A.B.6), § 4, eff. Oct. 1, 1993; Stats.1993, c. 610 (A.B.6), § 4.5, eff. Oct. 1, 1993, operative Jan. 1, 1994; Stats.1993, c. 611 (S.B.60), § 4, eff. Oct. 1, 1993; Stats.1993, c. 611 (S.B.60), § 4.5, eff. Oct. 1, 1993, operative Jan. 1, 1994; Stats.1999, c. 694 (A.B.1574), § 1; Stats.2002, c. 606 (A.B.1838), § 1, eff. Sept. 17, 2002; Stats.2010, c. 178 (S.B.1115), § 51, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 189.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 189.5. Mitigation, justification or excuse of homicide; burden of proof; application to death penalty proceedings


(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.


CREDIT(S)


(Added by Stats.1989, c. 897, § 16.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190


Effective: March 8, 2000


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190. Punishment for murder; murder of peace officers; shooting firearm from motor vehicle; release on parole


(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.


CREDIT(S)


(Added by § 2 of Initiative Measure approved Nov. 7, 1978, eff. Nov. 8, 1978. Amended by Stats.1987, c. 1006, § 1, (Prop.67, approved June 7, 1988, eff. June 8, 1988); Stats.1993, c. 609 (S.B.310), § 3, (Prop.179, approved June 7, 1994, eff. June 8, 1994); Stats.1996, c. 598 (S.B.1231), § 1; Stats.1997, c. 413 (A.B.446), § 1, (Prop. 222, approved June 2, 1998, eff. June 3, 1998); Stats.1998, c. 760 (S.B.1690), § 6(Prop. 19, approved March 7, 2000, eff. March 8, 2000).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.03


Effective: January 1, 2005


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.03. Life imprisonment without parole; hate crimes


(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.


CREDIT(S)


(Added by Stats.1999, c. 566 (A.B.208), § 1. Amended by Stats.2004, c. 700 (S.B.1234), § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.05


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.05. Penalty for second degree murder for defendants who have served a prior prison term for murder


(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.


CREDIT(S)


(Added by Stats.1985, c. 1510, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.1. Death penalty cases; procedures


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.


CREDIT(S)


(Added by § 4 of Initiative Measure approved Nov. 7, 1978, eff. Nov. 8, 1978.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.2


Effective: January 1, 2001


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.2. Death penalty or life imprisonment without parole; special circumstances


(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.


CREDIT(S)


(Added by § 6 of Initiative Measure approved Nov. 7, 1978, eff. Nov. 8, 1978. Amended by Stats.1989, c. 1165, § 16, (Prop.114) approved June 5, 1990, eff. June 6, 1990; Initiative Measure (Prop.115), approved June 5, 1990, eff. June 6, 1990; Stats.1995, c. 477 (S.B.32), § 1(Prop. 195, approved March 26, 1996, eff. March 27, 1996); Stats.1995, c. 478 (S.B.9), § 2(Prop. 196, approved March 26, 1996, eff. March 27, 1996); Stats.1998, c. 629, § 2(Prop. 18, approved March 7, 2000, eff. March 8, 2000); Initiative Measure (Prop. 21, § 11, approved March 7, 2000, eff. March 8, 2000).)


VALIDITY


Terms of subd. (a)(14) of this section (“heinous, atrocious, or cruel” special circumstances) were held unconstitutionally vague in the case of People v. Sanders (1990) 273 Cal.Rptr. 537, 51 Cal.3d 471, 797 P.2d 561, certiorari denied 111 S.Ct. 2249, 114 L.Ed.2d 490, rehearing denied 112 S.Ct. 13, 115 L.Ed.2d 1098.


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.25


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.25. Murder of transportation personnel; penalty; special circumstances


(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.


CREDIT(S)


(Added by Stats.1982, c. 172, p. 548, § 1, eff. April 27, 1982.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.26


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.26. Repealed by Stats.1997, c. 465 (S.B.1224), § 3, operative June 2, 1998


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.3


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.3. Determination of death penalty or life imprisonment; evidence of aggravating and mitigating circumstances; considerations


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.


CREDIT(S)


(Added by § 8 of Initiative Measure approved Nov. 7, 1978, eff. Nov. 8, 1978.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.4


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.4. Special findings on truth of each alleged special circumstance; penalty hearing; application for modification


(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. [FN1] 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. [FN2] 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).


CREDIT(S)


(Added by § 10 of Initiative Measure approved Nov. 7, 1978, eff. Nov. 8, 1978.)


[FN1] So in copy. Probably should read “...that it is not true.”


[FN2] Probably should read “Section 1181”.


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.41


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.41. Corpus delicti of felony-based special circumstance; proof


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.


CREDIT(S)


(Added by Initiative Measure (Prop. 115), approved June 5, 1990, eff. June 6, 1990.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.5. Penalty for persons under 18; imposition of death penalty prohibited


(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.


CREDIT(S)


(Added by § 12 of Initiative Measure approved Nov. 7, 1978, eff. Nov. 8, 1978. Amended by Initiative Measure (Prop.115), approved June 5, 1990, eff. June 6, 1990.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.6


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.6. Expeditious imposition of sentences in capital cases; legislative findings


(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.


CREDIT(S)


(Added by Stats.1977, c. 316, p. 1262, § 14, eff. Aug. 11, 1977. Amended by Stats.1996, c. 1086 (A.B.195), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.7


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.7. Record of capital cases on appeal


(a) The “entire record” referred to in Section 190.6includes, 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.


CREDIT(S)


(Added by Stats.1982, c. 917, p. 3354, § 1. Amended by Stats.1996, c. 1086 (A.B.195), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.8


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.8. Expeditious certification of record on appeal in cases in which a sentence of death has been imposed


(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.


CREDIT(S)


(Added by Stats.1984, c. 1422, § 1. Amended by Stats.1996, c. 1086 (A.B.195), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 190.9


Effective: January 1, 2003


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 190.9. Presence of court reporter and record of proceedings in any case in which death sentence may be imposed; record of proceedings prior to and including the preliminary hearing


(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.


CREDIT(S)


(Added by Stats.1987, c. 468, § 3, operative July 1, 1990. Amended by Stats.1989, c. 379, § 2, operative July 1, 1990; Stats.1993, c. 1016 (A.B.1929), § 3; Stats.1996, c. 1086 (A.B.195), § 4; Stats.1998, c. 931 (S.B.2139), § 352, eff. Sept. 28, 1998; Stats.2000, c. 287 (S.B.1955), § 2; Stats.2002, c. 71 (S.B.1371), § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 191


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 191. Petit treason abolished


PETIT TREASON ABOLISHED. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 191.5


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 191.5. Gross vehicular manslaughter while intoxicated


(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.


CREDIT(S)


(Added by Stats.1990, c. 1698 (A.B.3137), § 4, operative Jan. 1, 1992. Amended by Stats.1994, c. 71 (A.B.321), § 1; Stats.1996, c. 645 (A.B.1985), § 2; Stats.1998, c. 118 (S.B.1186), § 1.17, operative July 1, 1999; Stats.2002, c. 622 (A.B.2471), § 1; Stats.2006, c. 91 (A.B.2559), § 1; Stats.2011, c. 15 (A.B.109), § 281, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 192


Effective: January 1, 2007


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 192. Manslaughter; voluntary, involuntary, and vehicular


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. [FN1]


CREDIT(S)


(Enacted in 1872. Amended by Stats.1945, c. 1006, p. 1942, § 1; Stats.1983, c. 937, § 1; Stats.1984, c. 742, § 1, eff. Aug. 24, 1984; Stats.1986, c. 1106, § 3; Stats.1994, c. 71 (A.B.321), § 2; Stats.1998, c. 278 (S.B.1407), § 1; Stats.2006, c. 91 (A.B.2559), § 2.)


[FN1] 179 Cal.Rptr. 43, 637 P.2d 279, appeal after remand 198 Cal.Rptr. 26, 150 C.A.3d 313.


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 192.5


Effective: January 1, 2008


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 192.5. Vehicular manslaughter committed during operation of a vessel; additional penalty for fleeing the scene


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.


CREDIT(S)


(Added by Stats.1990, c. 1698 (A.B.3137), § 6, operative Jan. 1, 1992. Amended by Stats.2006, c. 91 (A.B.2559), § 3; Stats.2007, c. 747 (A.B.678), § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 193


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 193. Voluntary manslaughter, involuntary manslaughter and vehicular manslaughter; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1943, c. 421, p. 1959, § 2; Stats.1945, c. 1006, p. 1943, § 2; Stats.1965, c. 1271, p. 3145, § 1; Stats.1976, c. 1139, p. 5099, § 134, operative July 1, 1977; Stats.1978, c. 579, p. 1981, § 3; Stats.1981, c. 110, p. 842, § 1; Stats.1983, c. 937, § 2; Stats.1983, c. 941, § 2; Stats.1985, c. 6, § 1, eff. Feb. 21, 1985; Stats.1986, c. 1106, § 4; Stats.1998, c. 278 (S.B.1407), § 2; Stats.2006, c. 91 (A.B.2559), § 4; Stats.2011, c. 15 (A.B.109), § 282, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 193.5


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 193.5. Manslaughter committed during operation of a vessel; punishment


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.


CREDIT(S)


(Added by Stats.1986, c. 877, § 14. Amended by Stats.1988, c. 216, § 5, eff. June 29, 1988; Stats.2006, c. 91 (A.B.2559), § 5; Stats.2011, c. 15 (A.B.109), § 283, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 193.7


Effective: January 1, 2008


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 193.7. Habitual traffic offender


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.


CREDIT(S)


(Added by Stats.1990, c. 44 (A.B.1648), § 1. Amended by Stats.1991, c. 1091 (A.B.1487), § 117; Stats.1998, c. 118 (S.B.1186), § 1.19, operative July 1, 1999; Stats.1999, c. 22 (S.B.24), § 3, eff. May 26, 1999, operative July 1, 1999; Stats.2007, c. 747 (A.B.678), § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 193.8


Effective: January 1, 2008


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 193.8. Relinquishing motor vehicle to intoxicated minor; punishment; application


(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.


CREDIT(S)


(Added by Stats.1992, c. 329 (A.B.3365), § 2. Amended by Stats.1996, c. 1023 (S.B.1497), § 386, eff. Sept. 29, 1996; Stats.2007, c. 747 (A.B.678), § 7.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 194


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 194. Murder and manslaughter; time of death; presumption


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1969, c. 593, p. 1225, § 1; Stats.1996, c. 580 (A.B.2144), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 195


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 195. Excusable homicide


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1984, c. 438, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 196


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 196. Justifiable homicide; public officers


JUSTIFIABLE HOMICIDE BY PUBLIC OFFICERS. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 197


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 197. Justifiable homicide; any person


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1931, c. 697, p. 1439, § 1; Stats.1963, c. 372, p. 1159, § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 198


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 198. Justifiable homicide; sufficiency of fear


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1987, c. 828, § 8.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 198.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 198.5. Use of deadly force by any person within his or her residence against an intruder; presumption of fear of death or great bodily injury


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.


CREDIT(S)


(Added by Stats.1984, c. 1666, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 199


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 1. Homicide (Refs & Annos)

§ 199. Justifiable and excusable homicide; discharge of defendant


JUSTIFIABLE AND EXCUSABLE HOMICIDE NOT PUNISHABLE. The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 2, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 2. Mayhem


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 203


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 2. Mayhem (Refs & Annos)

§ 203. Definition


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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 427, § 17; Stats.1989, c. 1360, § 106.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 204


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 2. Mayhem (Refs & Annos)

§ 204. Punishment


Mayhem is punishable by imprisonment in the state prison for two, four, or eight years.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5099, § 135, operative July 1, 1977; Stats.1978, c. 579, p. 1981, § 4; Stats.1986, c. 1424, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 205


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 2. Mayhem (Refs & Annos)

§ 205. Aggravated mayhem


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.


CREDIT(S)


(Added by Stats.1987, c. 785, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 206


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 2. Mayhem (Refs & Annos)

§ 206. Torture


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.


CREDIT(S)


(Added by Initiative Measure (Prop. 115), approved June 5, 1990, eff. June 6, 1990.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 206.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 2. Mayhem (Refs & Annos)

§ 206.1. Punishment for torture


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


CREDIT(S)


(Added by Initiative Measure (Prop. 115), approved June 5, 1990, eff. June 6, 1990.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 3, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 3. Kidnapping


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 207


Effective: January 1, 2004


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 3. Kidnapping (Refs & Annos)

§ 207. Kidnapping defined


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1905, c. 493, p. 653, § 1; Stats.1982, c. 1404, p. 5358, § 1; Stats.1990, c. 55 (S.B.1564), § 1; Stats.2003, c. 23 (S.B.450), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 208


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 3. Kidnapping (Refs & Annos)

§ 208. Punishment for kidnapping; victim under 14 years of age; probation


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1923, c. 238, p. 486, § 1; Stats.1976, c. 1139, p. 5099, § 136, operative July 1, 1977; Stats.1978, c. 579, p. 1981, § 5; Stats.1985, c. 191, § 1; Stats.1986, c. 249, § 7, eff. July 3, 1986; Stats.1989, c. 1428, § 2; Stats.1990, c. 55 (S.B.1564), § 2; Stats.1990, c. 1560 (S.B.2079), § 1; Stats.1992, c. 163 (A.B.2641), § 101, operative Jan. 1, 1994; Stats.1997, c. 817 (A.B.59), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 209


Effective: November 8, 2006


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 3. Kidnapping (Refs & Annos)

§ 209. Kidnapping for ransom, reward, or extortion, or to commit robbery or rape; punishment


(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, or289, 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.


CREDIT(S)


(Added by Stats.1973, c. 719, p. 1300, § 8. Amended by Stats.1976, c. 1139, p. 5099, § 136.5, operative July 1, 1977; Stats.1977, c. 316, p. 1262, § 15, eff. Aug. 11, 1977; Stats.1982, c. 4, § 1; Stats.1990, c. 55 (S.B.1564), § 3; Stats.1997, c. 817 (A.B.59), § 2; Stats.2000, c. 287 (S.B.1955), § 3; Stats.2006, c. 337 (S.B.1128), § 4, eff. Sept. 20, 2006; Initiative Measure (Prop. 83, § 3, approved Nov. 7, 2006, eff. Nov. 8, 2006).)


VALIDITY


This section was held unconstitutional as violating state proscription of cruel or unusual punishment in the case of In re Nunez (App. 4 Dist. 2009) 93 Cal.Rptr.3d 242, 173 Cal.App.4th 709, as modified, appeal after new sentencing hearing 125 Cal.Rptr.3d 616, 195 Cal.App.4th 414, review granted and opinion superseded 128 Cal.Rptr.3d 274, 255 P.3d 951, review dismissed 148 Cal.Rptr.3d 499, 287 P.3d 71.


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 209.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 3. Kidnapping (Refs & Annos)

§ 209.5. Kidnapping during commission of carjacking; punishment; exception; probation


(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.


CREDIT(S)


(Added by Stats.1993, c. 611 (S.B.60), § 5, eff. Oct. 1, 1993.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 210


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 3. Kidnapping (Refs & Annos)

§ 210. Extortion by posing as kidnapper or by claiming ability to obtain release of victim; punishment; exception


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.


CREDIT(S)


(Added by Stats.1937, c. 44, p. 115, § 1. Amended by Stats.1976, c. 1139, p. 5099, § 137, operative July 1, 1977.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 3.5, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 3.5. Hostages


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 210.5


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 3.5. Hostages (Refs & Annos)

§ 210.5. False imprisonment for purposes of protection from arrest or use as shield


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.


CREDIT(S)


(Added by Stats.1987, c. 580, § 1. Amended by Stats.2011, c. 15 (A.B.109), § 284, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 4, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 4. Robbery


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 211


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 4. Robbery (Refs & Annos)

§ 211. Definition


Robbery defined. 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.


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 211a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 4. Robbery (Refs & Annos)

§ 211a. Repealed by Stats.1986, c. 1428, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 212


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 4. Robbery (Refs & Annos)

§ 212. Fear defined


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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 427, § 18; Stats.1963, c. 372, p. 1160, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 212.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 4. Robbery (Refs & Annos)

§ 212.5. Robbery; degrees


(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.


CREDIT(S)


(Added by Stats.1986, c. 1428, § 2. Amended by Stats.1987, c. 801, § 1; Stats.1989, c. 361, § 1; Stats.1993, c. 162 (A.B.112), § 1; Stats.1994, c. 919 (S.B.2098), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 213


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 4. Robbery (Refs & Annos)

§ 213. Robbery; punishment


(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.


CREDIT(S)


(Added by Stats.1986, c. 1428, § 4. Amended by Stats.1994, c. 789 (A.B.779), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 213.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 4. Robbery (Refs & Annos)

§ 213.5. Repealed by Stats.1986, c. 1428, § 5


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 214


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 4. Robbery (Refs & Annos)

§ 214. Train robbery; acts with intention of committing


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.


CREDIT(S)


(Added by Stats.1905, c. 494, p. 653, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 215


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 4. Robbery (Refs & Annos)

§ 215. Carjacking; punishment


(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.


CREDIT(S)


(Added by Stats.1993, c. 611 (S.B.60), § 6, eff. Oct. 1, 1993.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 5, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 5. Attempts to Kill


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 216


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 5. Attempts to Kill (Refs & Annos)

§§ 216, 217. Repealed by Stats.1980, c. 300, p. 628, §§ 1, 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 217


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 5. Attempts to Kill (Refs & Annos)

§§ 216, 217. Repealed by Stats.1980, c. 300, p. 628, §§ 1, 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 217.1


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 5. Attempts to Kill (Refs & Annos)

§ 217.1. Public officials


(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.


CREDIT(S)


(Added by Stats.1953, c. 32, p. 634, § 2. Amended by Stats.1976, c. 1139, p. 5100, § 141, operative July 1, 1977; Stats.1978, c. 579, p. 1982, § 10; Stats.1980, c. 300, p. 628, § 3; Stats.1983, c. 683, § 1; Stats.1986, c. 616, § 1; Stats.1998, c. 748 (A.B.2154), § 1; Stats.1999, c. 853 (S.B.832), § 9; Stats.2011, c. 15 (A.B.109), § 285, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 218


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 5. Attempts to Kill (Refs & Annos)

§ 218. Train wrecking; attempt; punishment


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.


CREDIT(S)


(Added by Stats.1891, c. 204, p. 283, § 1. Amended by Stats.1905, c. 495, p. 654, § 1; Stats.1941, c. 993, p. 2630, § 1; Stats.1976, c. 1139, p. 5100, § 141.5, operative July 1, 1977.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 218.1


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 5. Attempts to Kill (Refs & Annos)

§ 218.1. Obstructing railroad track; punishment


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.


CREDIT(S)


(Added by Stats.2005, c. 716 (A.B.1067), § 2. Amended by Stats.2011, c. 15 (A.B.109), § 286, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 219


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 5. Attempts to Kill (Refs & Annos)

§ 219. Train derailing or wrecking; punishment


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.


CREDIT(S)


(Added by Stats.1973, c. 719, p. 1300, § 10. Amended by Stats.1976, c. 1139, p. 5101, § 141.7, operative July 1, 1977; Stats.1977, c. 316, p. 1263, § 16, eff. Aug. 11, 1977.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 219.1


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 5. Attempts to Kill (Refs & Annos)

§ 219.1. Throwing missiles at common carrier vehicles with intent to wreck or do bodily harm; punishment


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.


CREDIT(S)


(Added by Stats.1941, c. 1046, p. 2711, § 1. Amended by Stats.1976, c. 1139, p. 5101, § 142, operative July 1, 1977; Stats.1978, c. 579, p. 1982, § 11; Stats.2011, c. 15 (A.B.109), § 287, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 219.2


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 5. Attempts to Kill (Refs & Annos)

§ 219.2. Throwing hard substance or shooting missile at train or other conveyance; punishment


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.


CREDIT(S)


(Added by Stats.1955, c. 710, p. 1201, § 1. Amended by Stats.1976, c. 1125, p. 5036, § 14; Stats.1976, c. 1139, p. 5101, § 143.5, operative July 1, 1977; Stats.1983, c. 1092, § 248, eff. Sept. 27, 1983, operative Jan. 1, 1984.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 219.3


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 5. Attempts to Kill (Refs & Annos)

§ 219.3. Dropping or throwing objects or missiles from toll bridges


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


CREDIT(S)


(Added by Stats.1957, c. 1053, p. 2287, § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 6, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 6. Assaults with Intent to Commit Felony, Other Than Assaults with Intent to Murder


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 220


Effective: September 9, 2010


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 6. Assaults with Intent to Commit Felony, Other Than Assaults with Intent to Murder (Refs & Annos)

§ 220. Assault with intent to commit mayhem, rape, sodomy, oral copulation, or other specified offense and commission of same acts in course of burglary of first degree; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1937, c. 553, p. 1581, § 1; Stats.1975, c. 71, p. 133, § 4; Stats.1976, c. 1139, p. 5102, § 144, operative July 1, 1977; Stats.1978, c. 579, p. 1982, § 12; Stats.1979, c. 944, p. 3253, § 3; Stats.2006, c. 337 (S.B.1128), § 5, eff. Sept. 20, 2006; Initiative Measure (Prop. 83, § 4, approved Nov. 7, 2006, eff. Nov. 8, 2006); Stats.2010, c. 219 (A.B.1844), § 2, eff. Sept. 9, 2010.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 221


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 6. Assaults with Intent to Commit Felony, Other Than Assaults with Intent to Murder (Refs & Annos)

§ 221. Repealed by Stats.1980, c. 300, p. 628, § 4


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 222


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 6. Assaults with Intent to Commit Felony, Other Than Assaults with Intent to Murder (Refs & Annos)

§ 222. Administering stupefying drugs to assist in commission of felony


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1984, c. 1635, § 78; Stats.2011, c. 15 (A.B.109), § 287.5, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 7, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 7. Duels and Challenges [Heading Repealed]


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 225


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 7. Duels and Challenges [Heading Repealed] (Refs & Annos)

§§ 225 to 232. Repealed by Stats.1994, c. 270 (A.B.3326), §§ 40 to 47


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 226


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 7. Duels and Challenges [Heading Repealed] (Refs & Annos)

§§ 225 to 232. Repealed by Stats.1994, c. 270 (A.B.3326), §§ 40 to 47


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 227


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 7. Duels and Challenges [Heading Repealed] (Refs & Annos)

§§ 225 to 232. Repealed by Stats.1994, c. 270 (A.B.3326), §§ 40 to 47


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 228


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 7. Duels and Challenges [Heading Repealed] (Refs & Annos)

§§ 225 to 232. Repealed by Stats.1994, c. 270 (A.B.3326), §§ 40 to 47


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 229


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 7. Duels and Challenges [Heading Repealed] (Refs & Annos)

§§ 225 to 232. Repealed by Stats.1994, c. 270 (A.B.3326), §§ 40 to 47


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 230


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 7. Duels and Challenges [Heading Repealed] (Refs & Annos)

§§ 225 to 232. Repealed by Stats.1994, c. 270 (A.B.3326), §§ 40 to 47


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 231


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 7. Duels and Challenges [Heading Repealed] (Refs & Annos)

§§ 225 to 232. Repealed by Stats.1994, c. 270 (A.B.3326), §§ 40 to 47


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 232


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 7. Duels and Challenges [Heading Repealed] (Refs & Annos)

§§ 225 to 232. Repealed by Stats.1994, c. 270 (A.B.3326), §§ 40 to 47


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 8, Ref & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236. Definition


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


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.1


Effective: November 7, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.1. Human trafficking; punishment; provisions regarding minors; definitions; consideration of total circumstances


(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.


CREDIT(S)


(Added by Stats.2005, c. 240 (A.B.22), § 7. Amended by Stats.2010, c. 219 (A.B.1844), § 3, eff. Sept. 9, 2010; Initiative Measure (Prop. 35, § 6, approved Nov. 6, 2012, eff. Nov. 7, 2012).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.2


Effective: November 7, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.2. Identification of victims of human trafficking; indicators


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.


CREDIT(S)


(Added by Stats.2008, c. 358 (A.B.2810), § 4. Amended by Initiative Measure (Prop. 35, § 7, approved Nov. 6, 2012, eff. Nov. 7, 2012).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.3


Effective: January 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.3. Real property used to facilitate human trafficking; procedures for determining whether property is nuisance; remedies


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.


CREDIT(S)


(Added by Stats.2010, c. 625 (S.B.677), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.4


Effective: November 7, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.4. Conviction of human trafficking violation; additional fines and penalties; deposit of fines into Victim-Witness Assistance Fund


(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.


CREDIT(S)


(Added by Initiative Measure (Prop. 35, § 8, approved Nov. 6, 2012, eff. Nov. 7, 2012).)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.5


Effective: January 1, 2009


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.5. Human trafficking; Law Enforcement Agency (LEA) endorsement


(a) Within 15 business days of the first encounter with a victim of human trafficking, as defined bySection 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.


CREDIT(S)


(Formerly § 236.2, added by Stats.2005, c. 240 (A.B.22), § 8. Renumbered § 236.5 and amended by Stats.2008, c. 358 (A.B.2810), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.6


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.6. Human trafficking; petition for protective relief to preserve property or assets; notice; verified claim of interest; pendente lite orders; processing of petition; levy of property or assets for payment of fines and restitution


(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.


CREDIT(S)


(Added by Stats.2012, c. 512 (A.B.2466), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.7


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.7. Property used to facilitate human trafficking of victims less than 18 years of age; seizure and forfeiture; assets subject to forfeiture; agency petitions, process; exceptions; notice and hearing; pattern of activity not required


(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.


CREDIT(S)


(Added by Stats.2012, c. 514 (S.B.1133), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.8


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.8. Property used to facilitate human trafficking of victims less than 18 years of age; forfeiture petition by prosecuting agency; notice to persons with property interest; lis pendens; effect of judgment; time for filing claims


(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.


CREDIT(S)


(Added by Stats.2012, c. 514 (S.B.1133), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.9


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.9. Property used to facilitate human trafficking of victims less than 18 years of age; time for filing claims of interest in seized property; default; hearing; burden of proof; release of property


(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.


CREDIT(S)


(Added by Stats.2012, c. 514 (S.B.1133), § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.10


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.10. Property used to facilitate human trafficking of victims less than 18 years of age; pendente lite orders to preserve status quo of property subject to forfeiture; notice and hearing; surety bonds or undertakings; protection of interests of persons not involved in human trafficking


(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.


CREDIT(S)


(Added by Stats.2012, c. 514 (S.B.1133), § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.11


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.11. Property used to facilitate human trafficking of victims less than 18 years of age; property or proceeds declared forfeited; interest holders without knowledge of illegal purpose; sales at auction; disposition by counties


(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.


CREDIT(S)


(Added by Stats.2012, c. 514 (S.B.1133), § 6.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 236.12


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 236.12. Property used to facilitate human trafficking of victims less than 18 years of age; distribution of forfeited money or proceeds of sales


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.


CREDIT(S)


(Added by Stats.2012, c. 514 (S.B.1133), § 7.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 237


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 8. False Imprisonment and Human Trafficking (Refs & Annos)

§ 237. Punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1901, c. 49, p. 53, § 1; Stats.1976, c. 1139, p. 5102, § 148, operative July 1, 1977; Stats.1983, c. 1092, § 249, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1998, c. 935 (S.B.1715), § 1; Stats.1999, c. 706 (A.B.1236), § 4, eff. Oct. 10, 1999; Stats.2011, c. 15 (A.B.109), § 288, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 9, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 240


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 240. Assault defined


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


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 241


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 241. Assault; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1911, c. 378, p. 687, § 1; Stats.1965, c. 1553, p. 3646, § 1; Stats.1966, 1st Ex.Sess., c. 21, p. 307, § 2, eff. April 18, 1966; Stats.1968, c. 1222, p. 2320, § 55; Stats.1972, c. 618, p. 1137, § 112; Stats.1976, c. 420, p. 1017, § 1; Stats.1976, c. 1126, p. 5039, § 1; Stats.1976, c. 1138, p. 5056, § 1; Stats.1976, c. 1139, p. 5103, § 149.2, operative July 1, 1977; Stats.1980, c. 1340, p. 4718, § 2.1, eff. Sept. 30, 1980; Stats.1981, c. 678, p. 2475, § 1; Stats.1983, c. 1092, § 250, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1984, c. 475, § 1; Stats.1986, c. 713, § 1; Stats.1987, c. 56, § 121; Stats.1987, c. 828, § 9; Stats.1988, c. 160, § 126; Stats.1988, c. 816, § 1; Stats.2003, c. 274 (S.B.919), § 1; Stats.2007, c. 243 (A.B.1686), § 1; Stats.2011, c. 249 (S.B.390), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 241.1


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 241.1. Assault upon custodial officer; punishment


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.


CREDIT(S)


(Added by Stats.1980, c. 772, p. 2290, § 1. Amended by Stats.2011, c. 15 (A.B.109), § 289, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 241.2


Effective: January 1, 2002


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 241.2. Assault on school or park property; punishment; counseling


(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.


CREDIT(S)


(Added by Stats.1982, c. 1087, p. 3960, § 1. Amended by Stats.1984, c. 483, § 1; Stats.1987, c. 828, § 10; Stats.1989, c. 394, § 1; Stats.2001, c. 484 (A.B.653), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 241.3


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 241.3. Public transportation; assault against person on provider's property or motor vehicle; punishment


(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.


CREDIT(S)


(Added by Stats.1996, c. 423 (A.B.588), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 241.4


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 241.4. Assault; peace officer of school district; punishment


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.


CREDIT(S)


(Added by Stats.1976, c. 1130, p. 5045, § 1; Stats.1976, c. 1130, p. 5045, § 2, operative July 1, 1977. Amended by Stats.1978, c. 703, p. 2218, § 2; Stats.1983, c. 1092, § 251, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1983, c. 1292, § 3; Stats.1984, c. 216, § 5; Stats.2005, c. 279 (S.B.1107), § 2; Stats.2011, c. 15 (A.B.109), § 290, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 241.5


Effective: January 1, 2010


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 241.5. Highway worker; assault against; punishment


(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.


CREDIT(S)


(Added by Stats.2008, c. 410 (S.B.1509), § 1. Amended by Stats.2009, c. 116 (A.B.561), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 241.6


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 241.6. Assault on school employee; retaliation for performance of duty; punishment; inapplicability of section to lawful labor dispute


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.


CREDIT(S)


(Added by Stats.1989, c. 1306, § 3. Amended by Stats.1993, c. 1257 (S.B.1130), § 5.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 241.7


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 241.7. Assault against jurors; punishment


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.


CREDIT(S)


(Added by Stats.1986, c. 616, § 2. Amended by Stats.2011, c. 15 (A.B.109), § 291, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 241.8


Effective: January 1, 2004


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 241.8. Assault against member of United States Armed Forces; punishment


(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.


CREDIT(S)


(Added by Stats.2003, c. 138 (A.B.187), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 242


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 242. Battery defined


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


CREDIT(S)


(Enacted in 1872.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243. Battery; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 428, § 21; Code Am.1875-76, c. 290, p. 110, § 1; Stats.1881, c. 16, p. 11, § 1; Stats.1961, c. 1639, p. 3578, § 1; Stats.1965, c. 1985, p. 4510, § 1; Stats.1966, 1st Ex.Sess., c. 21, p. 308, § 3, eff. April 18, 1966; Stats.1968, c. 1222, p. 2321, § 56; Stats.1972, c. 618, p. 1137, § 113; Stats.1975, c. 1114, p. 2707, § 1; Stats.1976, c. 420, p. 1018, § 2; Stats.1976, c. 1126, p. 5040, § 3; Stats.1976, c. 1138, p. 5057, § 3; Stats.1976, c. 1139, p. 5105, § 150.5, operative July 1, 1977; Stats.1980, c. 1117, p. 3589, § 2; Stats.1980, c. 1340, p. 4718, § 2.2; Stats.1981, c. 678, p. 2476, § 2; Stats.1982, c. 1300, p. 4800, § 2; Stats.1982, c. 1353, p. 5048, § 2; Stats.1983, c. 1092, § 252, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1984, c. 475, § 2; Stats.1984, c. 1665, § 2; Stats.1986, c. 713, § 2; Stats.1987, c. 828, § 11; Stats.1988, c. 816, § 2; Stats.1989, c. 191, § 2; Stats.1992, c. 184 (A.B.2439), § 1; Stats.1993, c. 421 (A.B.2066), § 1; Stats.1993-94, 1st Ex.Sess., c. 28 (A.B.93), § 1, eff. Nov. 30, 1994; Stats.1996, c. 904 (A.B.2224), § 4; Stats.1996, c. 1077 (A.B.2898), § 14.5; Stats.1997, c. 592 (A.B.149), § 1; Stats.1998, c. 699 (A.B.1767), § 1; Stats.1999, c. 660 (S.B.563), § 1; Stats.2000, c. 236 (A.B.1899), § 1; Stats.2003, c. 274 (S.B.919), § 2; Stats.2011, c. 15 (A.B.109), § 292, eff. April 4, 2011, operative Oct. 1, 2011; Stats.2011, c. 249 (S.B.390), § 2.3; Stats.2011, c. 250 (S.B.406), § 1.3; Stats.2012, c. 162 (S.B.1171), § 122; Stats.2012, c. 867 (S.B.1144), § 15.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.1


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.1. Battery against custodial officer in performance of duties


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.


CREDIT(S)


(Added by Stats.1976, c. 1126, p. 5041, § 6; Stats.1976, c. 1139, p. 5105, § 150.1, operative July 1, 1977. Amended by Stats.2001, c. 854 (S.B.205), § 24; Stats.2011, c. 15 (A.B.109), § 293, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.2


Effective: January 1, 2002


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.2. Battery on school or park property or hospital grounds; exception; punishment; counseling; definitions; inapplicability of section to otherwise lawful labor dispute


(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.


CREDIT(S)


(Added by Stats.1982, c. 1087, p. 3960, § 2. Amended by Stats.1984, c. 483, § 3; Stats.1987, c. 828, § 12; Stats.1989, c. 394, § 2; Stats.1989, c. 1306, § 4.5; Stats.1993, c. 252 (S.B.587), § 1; Stats.2001, c. 484 (A.B.653), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.25


Effective: January 1, 2003


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.25. Battery against person of elder or dependent adult; punishment


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.


CREDIT(S)


(Added by Stats.2002, c. 369 (A.B.2140), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.3


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.3. Battery against transportation personnel or passenger; punishment


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.


CREDIT(S)


(Added by Stats.1982, c. 172, p. 549, § 4, eff. April 27, 1982. Amended by Stats.1984, c. 483, § 4; Stats.1987, c. 801, § 3; Stats.1997, c. 305 (A.B.946), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.35


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.35. Public transportation; battery against person on provider's property or motor vehicle; punishment


(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.


CREDIT(S)


(Added by Stats.1996, c. 423 (A.B.588), § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.4


Effective: January 1, 2003


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.4. Sexual battery


(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).


CREDIT(S)


(Added by Stats.1982, c. 1111, p. 4024, § 1. Amended by Stats.1984, c. 1418, § 1; Stats.1984, c. 1495, § 1; Stats.1985, c. 782, § 1; Stats.1985, c. 1257, § 1.1; Stats.1987, c. 828, § 12.5; Stats.1989, c. 1034, § 1; Stats.1991, c. 149 (A.B.180), § 1; Stats.1992, c. 1219 (A.B.3388), § 1; Stats.1996, c. 917 (A.B.2127), § 1; Stats.1997, c. 821 (A.B.290), § 2, eff. Oct. 9, 1997; Stats.2002, c. 302 (S.B.1421), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.5. Assault or battery on school property; arrest without warrant


(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.


CREDIT(S)


(Added by Stats.1981, c. 566, p. 2223, § 1. Amended by Stats.1982, c. 1413, p. 5402, § 2; Stats.1984, c. 193, § 98; Stats.1987, c. 828, § 13; Stats.1997, c. 324 (S.B.871), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.6


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.6. Battery against school employee; retaliation for performance of duties; punishment; inapplicability of section to lawful labor dispute


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.


CREDIT(S)


(Added by Stats.1989, c. 1306, § 5. Amended by Stats.1993, c. 1257 (S.B.1130), § 6; Stats.2011, c. 15 (A.B.109), § 294, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.65


Effective: January 1, 2010


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.65. Highway worker; battery against; punishment


(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.


CREDIT(S)


(Added by Stats.2008, c. 410 (S.B.1509), § 2. Amended by Stats.2009, c. 116 (A.B.561), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.7


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.7. Battery against jurors


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.


CREDIT(S)


(Added by Stats.1986, c. 616, § 3.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.8


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.8. Battery against sports official; punishment; definition


(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.


CREDIT(S)


(Added by Stats.1991, c. 575 (A.B.925), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.83


Effective: January 1, 2004


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.83. Unlawful conduct while attending professional sporting event; notice; penalties


(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.


CREDIT(S)


(Added by Stats.2003, c. 818 (A.B.245), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.85


Effective: January 1, 2013


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.85. Professional sports facilities; written notices containing security contact information; reporting violent acts


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.


CREDIT(S)


(Added by Stats.2012, c. 261 (A.B.2464), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.9


Effective: January 1, 2001


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.9. Battery by gassing of peace officer or local detention facility employee; investigation; prosecution


(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.


CREDIT(S)


(Added by Stats.2000, c. 627 (A.B.1449), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 243.10


Effective: January 1, 2004


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 243.10. Battery against member of United States Armed Forces; punishment


(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.


CREDIT(S)


(Added by Stats.2003, c. 138 (A.B.187), § 2.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 244


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 244. Assault with caustic chemicals or flammable substances; punishment


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.


CREDIT(S)


(Enacted in 1872. Amended by Stats.1976, c. 1139, p. 5105, § 151, operative July 1, 1977; Stats.1995, c. 468 (A.B.207), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 244.5


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 244.5. Stun gun or less lethal weapon; assault; punishment


(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.


CREDIT(S)


(Added by Stats.1984, c. 1414, § 1. Amended by Stats.1985, c. 1227, § 1; Stats.1987, c. 387, § 1; Stats.1988, c. 1113, § 1; Stats.2008, c. 556 (A.B.2973), § 1; Stats.2010, c. 178 (S.B.1115), § 52, operative Jan. 1, 2012; Stats.2011, c. 15 (A.B.109), § 297, eff. April 4, 2011, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 245


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 245. Assault with deadly weapon or force likely to produce great bodily injury; punishment


(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.


CREDIT(S)


(Enacted in 1872. Amended by Code Am.1873-74, c. 614, p. 428, § 22; Stats.1921, c. 89, p. 86, § 1; Stats.1933, c. 847, p. 2216, § 1; Stats.1961, c. 802, p. 2067, § 1; Stats.1965, c. 1271, p. 3145, § 3; Stats.1965, c. 1985, p. 4510, § 2; Stats.1966, 1st Ex.Sess., c. 21, p. 308, § 4, eff. April 18, 1966; Stats.1968, c. 1222, p. 2321, § 57; Stats.1970, c. 796, p. 1510, § 1; Stats.1972, c. 618, p. 1138, § 114; Stats.1976, c. 420, p. 1018, § 3; Stats.1976, c. 1126, p. 5042, § 7; Stats.1976, c. 1138, p. 5058, § 5; Stats.1976, c. 1139, p. 5105, § 152.5, operative July 1, 1977; Stats.1980, c. 1340, p. 4719, § 3.2, eff. Sept. 30, 1980; Stats.1982, c. 136, p. 437, § 1, eff. March 26, 1982, operative April 25, 1982; Stats.1982, c. 142, p. 469, § 1.2; Stats.1983, c. 1092, § 253, eff. Sept. 27, 1983, operative Jan. 1, 1984; Stats.1989, c. 18, § 1; Stats.1989, c. 1167, § 1; Stats.1993, c. 369 (A.B.1344), § 1; Stats.1999, c. 129 (S.B.23), § 1; Stats.2004, c. 494 (A.B.50), § 1; Stats.2010, c. 178 (S.B.1115), § 53, operative Jan. 1, 2012; Stats.2011, c. 15 (A.B.109), § 298, eff. April 4, 2011, operative Jan. 1, 2012; Stats.2011, c. 39 (A.B.117), § 11, eff. June 30, 2011, operative Jan. 1, 2012; Stats.2011, c. 183 (A.B.1026), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 245.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 245.1. Fireman, firefighter and emergency rescue personnel defined


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.


CREDIT(S)


(Added by Stats.1966, 1st Ex.Sess., c. 21, p. 309, § 6, eff. April 18, 1966. Amended by Stats.1973, c. 471, p. 946, § 2; Stats.1984, c. 1414, § 2; Stats.1998, c. 936 (A.B.105), § 3, eff. Sept. 28, 1998.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 245.2


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 245.2. Transportation personnel or passenger; assault with deadly weapon or means likely to produce great bodily injury; punishment


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.


CREDIT(S)


(Added by Stats.1982, c. 172, p. 550, § 6, eff. April 27, 1982. Amended by Stats.1987, c. 801, § 4.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 245.3


Effective: January 1, 2012


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 245.3. Custodial officer; assault with deadly weapon or means likely to produce great bodily injury; punishment


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.


CREDIT(S)


(Added by Stats.1980, c. 772, p. 2290, § 2. Amended by Stats.2010, c. 178 (S.B.1115), § 54, operative Jan. 1, 2012.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 245.4


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 245.4. Repealed by Stats.1980, c. 1340, p. 4720, § 4.5


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 245.5


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 245.5. Assault with deadly weapon or instrument by any means likely to produce great bodily injury or with stun gun or taser on school employee engaged in performance of duties; penalties


(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.


CREDIT(S)


(Added by Stats.1988, c. 1113, § 2. Amended by Stats.1992, c. 334 (S.B.438), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 245.6


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 245.6. Hazing; punishment


(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.


CREDIT(S)


(Added by Stats.2006, c. 601 (S.B.1454), § 4. Amended by Stats.2011, c. 15 (A.B.109), § 299, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 246


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 246. Shooting at inhabited dwelling house, occupied building, vehicle, or aircraft, or inhabited housecar or camper; punishment


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.


CREDIT(S)


(Added by Stats.1949, c. 698, p. 1200, § 1. Amended by Stats.1976, c. 1119, p. 5023, § 1; Stats.1977, c. 690, p. 2220, § 1; Stats.1978, c. 579, p. 1982, § 13; Stats.1982, c. 136, p. 443, § 2, eff. March 26, 1982, operative April 25, 1982; Stats.1986, c. 1433, § 1; Stats.1988, c. 911, § 1, eff. Sept. 15, 1988.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 246a


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 246a. Repealed by Stats.1941, c. 106, p. 1080, § 16


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 246.1


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 246.1. Motor vehicle forfeiture; firearm used to kill, attack or assault victim from or in motor vehicle; unlawful possession of firearm by criminal street gang member; procedures; disposition of proceeds; restrictions


(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.


CREDIT(S)


(Added by Stats.1987, c. 1147, § 1, eff. Sept. 26, 1987. Amended by Stats.1993-94, 1st Ex.Sess., c. 33 (S.B.36), § 1, eff. Nov. 30, 1994.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 246.3


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 246.3. Discharging firearm or BB device in grossly negligent manner; punishment


(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.


CREDIT(S)


(Added by Stats.1988, c. 1275, § 1, eff. Sept. 26, 1988. Amended by Stats.2006, c. 180 (S.B.532), § 1; Stats.2011, c. 15 (A.B.109), § 300, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 247


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 247. Shooting at unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house; punishment


(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.


CREDIT(S)


(Added by Stats.1968, c. 1052, p. 2039, § 1. Amended by Stats.1986, c. 1430, § 2; Stats.1988, c. 911, § 2, eff. Sept. 15, 1988.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 247.5


Effective: October 1, 2011


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 247.5. Discharge of laser at aircraft; punishment


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.


CREDIT(S)


(Added by Stats.1986, c. 790, § 1. Amended by Stats.2011, c. 15 (A.B.109), § 301, eff. April 4, 2011, operative Oct. 1, 2011.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 248


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 9. Assault and Battery (Refs & Annos)

§ 248. Aircraft; interference with operation; punishment


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.


CREDIT(S)


(Added by Stats.1995, c. 416 (S.B.1244), § 1. Amended by Stats.1998, c. 218 (A.B.2101), § 1.)


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 10, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 10. Libel [Repealed]


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 249


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 10. Libel [Repealed] (Refs & Annos)

§§ 249 to 257. Repealed by Stats.1986, c. 141, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 250


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 10. Libel [Repealed] (Refs & Annos)

§§ 249 to 257. Repealed by Stats.1986, c. 141, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 251


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 10. Libel [Repealed] (Refs & Annos)

§§ 249 to 257. Repealed by Stats.1986, c. 141, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 252


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 10. Libel [Repealed] (Refs & Annos)

§§ 249 to 257. Repealed by Stats.1986, c. 141, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 253


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 10. Libel [Repealed] (Refs & Annos)

§§ 249 to 257. Repealed by Stats.1986, c. 141, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 254


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 10. Libel [Repealed] (Refs & Annos)

§§ 249 to 257. Repealed by Stats.1986, c. 141, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 255


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 10. Libel [Repealed] (Refs & Annos)

§§ 249 to 257. Repealed by Stats.1986, c. 141, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 256


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 10. Libel [Repealed] (Refs & Annos)

§§ 249 to 257. Repealed by Stats.1986, c. 141, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 257


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 10. Libel [Repealed] (Refs & Annos)

§§ 249 to 257. Repealed by Stats.1986, c. 141, § 1


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 8, Ch. 11, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 11. Slander [Repealed]


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 258


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 11. Slander [Repealed] (Refs & Annos)

§§ 258 to 260. Repealed by Stats.1991, c. 186 (A.B.436), § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 259


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 11. Slander [Repealed] (Refs & Annos)

§§ 258 to 260. Repealed by Stats.1991, c. 186 (A.B.436), § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code § 260


Effective:[See Text Amendments]


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 8. Of Crimes Against the Person

Chapter 11. Slander [Repealed] (Refs & Annos)

§§ 258 to 260. Repealed by Stats.1991, c. 186 (A.B.436), § 2


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 9, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals


Current with urgency legislation through Ch. 20 of 2013 Reg.Sess, also including Chs. 27, 29, and 41.


West's Ann.Cal.Penal Code Pt. 1, T. 9, Ch. 1, Refs & Annos


West's Annotated California Codes Currentness

Penal Code (Refs & Annos)

Part 1. Of Crimes and Punishments

Title 9. Of Crimes Against the Person I