California Penal Code Section 1
1. Any person who knowingly, wilfully and with intent to
defraud the owner, lessee or licensee of any coin-box telephone,
shall operate or cause to...
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California Penal Code Section 2
This Code takes effect at twelve o'clock, noon, on the first day
of January, eighteen hundred and seventy-three.
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California Penal Code Section 3
No part of it is retroactive, unless expressly so declared.
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California Penal Code Section 4
The rule of the common law, that penal statutes are to be
strictly construed, has no application to this Code. All its
provisions are to be...
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California Penal Code Section 5
The provisions of this Code, so far as they are substantially
the same as existing statutes, must be construed as continuations
thereof, and not as...
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California Penal Code Section 6
No act or omission, commenced after twelve o'clock noon of the
day on which this Code takes effect as a law, is criminal or
punishable, except as...
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California Penal Code Section 7
Words used in this code in the present tense include the future
as well as the present; words used in the masculine gender include
the feminine and...
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California Penal Code Section 7.5
Whenever any offense is described in this code, the Uniform
Controlled Substances Act (Division 10 (commencing with Section
11000) of the Health and...
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California Penal Code Section 8
Whenever, by any of the provisions of this Code, an intent to
defraud is required in order to constitute any offense, it is
sufficient if an intent...
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California Penal Code Section 9
The omission to specify or affirm in this Code any liability to
damages, penalty, forfeiture, or other remedy imposed by law and
allowed to be...
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California Penal Code Section 10
The omission to specify or affirm in this Code any ground of
forfeiture of a public office, or other trust or special authority
conferred by law, or...
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California Penal Code Section 11
This code does not affect any power conferred by law upon any
court-martial, or other military authority or officer, to impose or
inflict punishment...
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California Penal Code Section 12
The several sections of this Code which declare certain crimes
to be punishable as therein mentioned, devolve a duty upon the Court
authorized to...
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California Penal Code Section 13
Whenever in this Code the punishment for a crime is left
undetermined between certain limits, the punishment to be inflicted
in a particular case...
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California Penal Code Section 14
The various sections of this Code which declare that evidence
obtained upon the examination of a person as a witness cannot be
received against him...
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California Penal Code Section 15
A crime or public offense is an act committed or omitted in
violation of a law forbidding or commanding it, and to which is
annexed, upon conviction,
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California Penal Code Section 16
Crimes and public offenses include:
1. Felonies;
2. Misdemeanors; and
3. Infractions.
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California Penal Code Section 17
(a) A felony is a crime which is punishable with death or by
imprisonment in the state prison. Every other crime or public
offense is a misdemeanor...
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California Penal Code Section 18
Except in cases where a different punishment is prescribed by
any law of this state, every offense declared to be a felony, or to
be punishable by...
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California Penal Code Section 19
Except in cases where a different punishment is prescribed by
any law of this state, every offense declared to be a misdemeanor is
punishable by...
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California Penal Code Section 19.2
In no case shall any person sentenced to confinement in a
county or city jail, or in a county or joint county penal farm, road
camp, work camp, or...
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California Penal Code Section 19.4
When an act or omission is declared by a statute to be a
public offense and no penalty for the offense is prescribed in any
statute, the act or...
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California Penal Code Section 19.6
An infraction is not punishable by imprisonment. A person
charged with an infraction shall not be entitled to a trial by jury.
A person charged with
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California Penal Code Section 19.7
Except as otherwise provided by law, all provisions of law
relating to misdemeanors shall apply to infractions including, but
not limited to, powers...
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California Penal Code Section 19.8
The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 652, and 853.7
of this code;...
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California Penal Code Section 20
In every crime or public offense there must exist a union, or
joint operation of act and intent, or criminal negligence.
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California Penal Code Section 21
(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...
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California Penal Code Section 21a
An attempt to commit a crime consists of two elements: a
specific intent to commit the crime, and a direct but ineffectual act
done toward its...
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California Penal Code Section 22
(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. ...
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California Penal Code Section 23
In any criminal proceeding against a person who has been issued
a license to engage in a business or profession by a state agency
pursuant to...
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California Penal Code Section 24
This Act, whenever cited, enumerated, referred to, or amended,
may be designated simply as THE PENAL CODE, adding, when necessary,
the number of the...
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California Penal Code Section 25
(a) The defense of diminished capacity is hereby abolished. In
a criminal action, as well as any juvenile court proceeding,
evidence concerning an...
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California Penal Code Section 25.5
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...
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California Penal Code Section 26
All persons are capable of committing crimes except those
belonging to the following classes:
One--Children under the age of 14, in the absence of
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California Penal Code Section 27
(a) The following persons are liable to punishment under the
laws of this state:
(1) All persons who commit, in whole or in part, any crime...
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California Penal Code Section 28
(a) Evidence of mental disease, mental defect, or mental
disorder shall not be admitted to show or negate the capacity to form
any mental state,...
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California Penal Code Section 29
In the guilt phase of a criminal action, any expert testifying
about a defendant's mental illness, mental disorder, or mental defect
shall not...
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California Penal Code Section 30
The parties to crimes are classified as:
1. Principals; and,
2. Accessories.
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California Penal Code Section 31
All persons concerned in the commission of a crime, whether it
be felony or misdemeanor, and whether they directly commit the act
constituting the...
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California Penal Code Section 32
Every person who, after a felony has been committed, harbors,
conceals or aids a principal in such felony, with the intent that
said principal may...
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California Penal Code Section 33
Except in cases where a different punishment is prescribed, an
accessory is punishable by a fine not exceeding five thousand dollars
($5,000), or by...
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California Penal Code Section 37
(a) Treason against this state consists only in levying war
against it, adhering to its enemies, or giving them aid and comfort,
and can be committed
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California Penal Code Section 38
Misprision of treason is the knowledge and concealment of
treason, without otherwise assenting to or participating in the
crime. It is punishable by
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California Penal Code Section 67
Every person who gives or offers any bribe to any executive
officer in this state, with intent to influence him in respect to any
act, decision,...
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California Penal Code Section 67.5
(a) Every person who gives or offers as a bribe to any
ministerial officer, employee, or appointee of the State of
California, county or city...
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California Penal Code Section 68
(a) Every executive or ministerial officer, employee, or
appointee of the State of California, a county or city therein, or a
political subdivision...
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California Penal Code Section 69
Every person who attempts, by means of any threat or violence,
to deter or prevent an executive officer from performing any duty
imposed upon such...
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California Penal Code Section 70
(a) Every executive or ministerial officer, employee, or
appointee of the State of California, or any county or city therein,
or any political...
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California Penal Code Section 70.5
Every commissioner of civil marriages or every deputy
commissioner of civil marriages who accepts any money or other thing
of value for performing...
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California Penal Code Section 71
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
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California Penal Code Section 72
Every person who, with intent to defraud, presents for
allowance or for payment to any state board or officer, or to any
county, city, or district...
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California Penal Code Section 72.5
(a) Every person who, knowing a claim seeks public funds for
reimbursement of costs incurred in attending a political function
organized to support...
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California Penal Code Section 73
Every person who gives or offers any gratuity or reward, in
consideration that he or any other person shall be appointed to any
public office, or...
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California Penal Code Section 74
Every public officer who, for any gratuity or reward, appoints
another person to a public office, or permits another person to
exercise or discharge...
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California Penal Code Section 76
(a) Every person who knowingly and willingly threatens the life
of, or threatens serious bodily harm to, any elected public
official, county public...
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California Penal Code Section 77
The various provisions of this title, except Section 76, apply
to administrative and ministerial officers, in the same manner as if
they were...
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California Penal Code Section 85
Every person who gives or offers to give a bribe to any Member
of the Legislature, any member of the legislative body of a city,
county, city and...
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California Penal Code Section 86
Every Member of either house of the Legislature, or any member
of the legislative body of a city, county, city and county, school
district, or other...
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California Penal Code Section 88
Every Member of the Legislature, and every member of a
legislative body of a city, county, city and county, school district,
or other special...
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California Penal Code Section 92
Every person who gives or offers to give a bribe to any
judicial officer, juror, referee, arbitrator, or umpire, or to any
person who may be...
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California Penal Code Section 93
(a) Every judicial officer, juror, referee, arbitrator, or
umpire, and every person authorized by law to hear or determine any
question or...
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California Penal Code Section 94
Every judicial officer who asks or receives any emolument,
gratuity, or reward, or any promise thereof, except such as may be
authorized by law, for...
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California Penal Code Section 94.5
Every judge, justice, commissioner, or assistant commissioner
of a court of this state who accepts any money or other thing of
value for performing...
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California Penal Code Section 95
Every person who corruptly attempts to influence a juror, or
any person summoned or drawn as a juror, or chosen as an arbitrator
or umpire, or...
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California Penal Code Section 95.1
Every person who threatens a juror with respect to a criminal
proceeding in which a verdict has been rendered and who has the
intent and apparent...
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California Penal Code Section 95.2
Any person who, with knowledge of the relationship of the
parties and without court authorization and juror consent,
intentionally provides a...
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California Penal Code Section 95.3
Any person licensed pursuant to Chapter 11.5 (commencing with
Section 7512) of Division 3 of the Business and Professions Code
who, with knowledge of
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California Penal Code Section 96
Every juror, or person drawn or summoned as a juror, or chosen
arbitrator or umpire, or appointed referee, who either: One--Makes
any promise or...
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California Penal Code Section 96.5
(a) Every judicial officer, court commissioner, or referee
who commits any act that he or she knows perverts or obstructs
justice, is guilty of a...
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California Penal Code Section 98
Every officer convicted of any crime defined in this Chapter,
in addition to the punishment prescribed, forfeits his office and is
forever...
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California Penal Code Section 99
The Superintendent of State Printing shall not, during his
continuance in office, have any interest, either directly or
indirectly, in any contract...
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California Penal Code Section 100
If the Superintendent of State Printing corruptly colludes
with any person or persons furnishing paper or materials, or bidding
therefor, or with any
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California Penal Code Section 102
Every person who willfully injures or destroys, or takes or
attempts to take, or assists any person in taking or attempting to
take, from the custody
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California Penal Code Section 107
Every prisoner charged with or convicted of a felony who is an
inmate of any public training school or reformatory or county
hospital who escapes or...
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California Penal Code Section 109
Any person who willfully assists any inmate of any public
training school or reformatory to escape, or in an attempt to escape
from such public...
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California Penal Code Section 110
Every person who carries or sends into a public training
school, or reformatory, anything useful to aid a prisoner or inmate
in making his escape,...
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California Penal Code Section 112
(a) Any person who manufactures or sells any false government
document with the intent to conceal the true citizenship or resident
alien status of...
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California Penal Code Section 113
Any person who manufactures, distributes or sells false
documents to conceal the true citizenship or resident alien status of
another person is...
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California Penal Code Section 114
Any person who uses false documents to conceal his or her true
citizenship or resident alien status is guilty of a felony, and
shall be punished by...
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California Penal Code Section 115
(a) Every person who knowingly procures or offers any false or
forged instrument to be filed, registered, or recorded in any public
office within...
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California Penal Code Section 115.1
(a) The Legislature finds and declares that the voters of
California are entitled to accurate representations in materials that
are directed to them...
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California Penal Code Section 115.2
(a) No person shall publish or cause to be published, with
actual knowledge, and intent to deceive, any campaign advertisement
containing false or...
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California Penal Code Section 115.25
(a) No person or entity shall authorize the production or
distribution, or participate in the authorization of the production
or distribution, of...
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California Penal Code Section 115.3
Any person who alters a certified copy of an official
record, or knowingly furnishes an altered certified copy of an
official record, of this state,...
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California Penal Code Section 115.5
(a) Every person who files any false or forged document or
instrument with the county recorder which affects title to, places an
encumbrance on, or...
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California Penal Code Section 116
Every person who adds any names to the list of persons
selected to serve as jurors for the county, either by placing the
names in the jury box or...
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California Penal Code Section 116.5
(a) A person is guilty of tampering with a jury when, prior
to, or within 90 days of, discharge of the jury in a criminal
proceeding, he or she does...
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California Penal Code Section 117
Every officer or person required by law to certify to the list
of persons selected as jurors who maliciously, corruptly, or
willfully certifies to a...
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California Penal Code Section 118
(a) Every person who, having taken an oath that he or she will
testify, declare, depose, or certify truly before any competent
tribunal, officer, or...
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California Penal Code Section 118.1
Every peace officer who files any report with the agency
which employs him or her regarding the commission of any crime or any
investigation of any...
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California Penal Code Section 118a
Any person who, in any affidavit taken before any person
authorized to administer oaths, swears, affirms, declares, deposes,
or certifies that he...
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California Penal Code Section 119
The term "oath," as used in the last two sections, includes an
affirmation and every other mode authorized by law of attesting the
truth of that...
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California Penal Code Section 120
So much of an oath of office as relates to the future
performance of official duties is not such an oath as is intended by
the two preceding...
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California Penal Code Section 121
It is no defense to a prosecution for perjury that the oath
was administered or taken in an irregular manner, or that the person
accused of perjury...
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California Penal Code Section 122
It is no defense to a prosecution for perjury that the accused
was not competent to give the testimony, deposition, or certificate
of which falsehood
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California Penal Code Section 123
It is no defense to a prosecution for perjury that the accused
did not know the materiality of the false statement made by him; or
that it did not,...
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California Penal Code Section 124
The making of a deposition, affidavit or certificate is deemed
to be complete, within the provisions of this chapter, from the time
when it is...
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California Penal Code Section 125
An unqualified statement of that which one does not know to be
true is equivalent to a statement of that which one knows to be
false.
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California Penal Code Section 126
Perjury is punishable by imprisonment in the state prison for
two, three or four years.
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California Penal Code Section 127
Every person who willfully procures another person to commit
perjury is guilty of subornation of perjury, and is punishable in the
same manner as he...
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California Penal Code Section 128
Every person who, by willful perjury or subornation of perjury
procures the conviction and execution of any innocent person, is
punishable by death...
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California Penal Code Section 129
Every person who, being required by law to make any return,
statement, or report, under oath, willfully makes and delivers any
such return,...
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California Penal Code Section 131
Every person in any matter under investigation for a violation
of the Corporate Securities Law of 1968 (Part 1 (commencing with
Section 25000) of...
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California Penal Code Section 132
Every person who upon any trial, proceeding, inquiry, or
investigation whatever, authorized or permitted by law, offers in
evidence, as genuine or...
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California Penal Code Section 132.5
(a) The Legislature supports and affirms the constitutional
right of every person to communicate on any subject. This section is
intended to...
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California Penal Code Section 132.5
(a) The Legislature supports and affirms the constitutional
right of every person to communicate on any subject. This section is
intended to...
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California Penal Code Section 133
Every person who practices any fraud or deceit, or knowingly
makes or exhibits any false statement, representation, token, or
writing, to any witness
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California Penal Code Section 134
Every person guilty of preparing any false or ante-dated book,
paper, record, instrument in writing, or other matter or thing, with
intent to produce
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California Penal Code Section 135
Every person who, knowing that any book, paper, record,
instrument in writing, or other matter or thing, is about to be
produced in evidence upon any
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California Penal Code Section 135.5
Any person who knowingly alters, tampers with, conceals, or
destroys relevant evidence in any disciplinary proceeding against a
public safety...
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California Penal Code Section 136
As used in this chapter:
(1) "Malice" means an intent to vex, annoy, harm, or injure in any
way another person, or to thwart or interfere in any...
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California Penal Code Section 136.1
(a) Except as provided in subdivision (c), any person who
does any of the following is guilty of a public offense and shall be
punished by...
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California Penal Code Section 136.2
(a) Except as provided in subdivision (c), upon a good cause
belief that harm to, or intimidation or dissuasion of, a victim or
witness has occurred...
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California Penal Code Section 136.3
(a) The court shall order that any party enjoined pursuant
to Section 136.2 be prohibited from taking any action to obtain the
address or location of
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California Penal Code Section 136.5
Any person who has upon his person a deadly weapon with the
intent to use such weapon to commit a violation of Section 136.1 is
guilty of an offense...
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California Penal Code Section 136.7
Every person imprisoned in a county jail or the state prison
who has been convicted of a sexual offense, including, but not
limited to, a violation...
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California Penal Code Section 137
(a) Every person who gives or offers, or promises to give, to
any witness, person about to be called as a witness, or person about
to give material...
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California Penal Code Section 138
(a) Every person who gives or offers or promises to give to
any witness or person about to be called as a witness, any bribe upon
any understanding...
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California Penal Code Section 139
(a) Except as provided in Sections 71 and 136.1, any person
who has been convicted of any felony offense specified in Section
12021.1 who willfully...
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California Penal Code Section 140
(a) Except as provided in Section 139, every person who
willfully uses force or threatens to use force or violence upon the
person of a witness to,...
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California Penal Code Section 141
(a) Except as provided in subdivision (b), any person who
knowingly, willfully, and intentionally alters, modifies, plants,
places, manufactures,...
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California Penal Code Section 142
(a) Any peace officer who has the authority to receive or
arrest a person charged with a criminal offense and willfully refuses
to receive or arrest...
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California Penal Code Section 145
Every public officer or other person, having arrested any
person upon a criminal charge, who willfully delays to take such
person before a magistrate
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California Penal Code Section 146
Every public officer, or person pretending to be a public
officer, who, under the pretense or color of any process or other
legal authority, does any
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California Penal Code Section 146a
(a) Any person who falsely represents himself or herself to
be a deputy or clerk in any state department and who, in that assumed
character, does any
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California Penal Code Section 146b
Every person who, with intent to lead another to believe that
a request or demand for information is being made by the State, a
county, city, or...
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California Penal Code Section 146c
Every person who designates any nongovernmental organization
by any name, including, but not limited to any name that incorporates
the term "peace...
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California Penal Code Section 146d
Every person who sells or gives to another a membership card,
badge, or other device, where it can be reasonably inferred by the
recipient that...
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California Penal Code Section 146e
(a) Every person who maliciously, and with the intent to
obstruct justice or the due administration of the laws, or with the
intent or threat to...
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California Penal Code Section 146f
No inmate under the control or supervision of the Department
of Corrections or the Department of the Youth Authority shall be
permitted to work with...
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California Penal Code Section 146g
(a) Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2, any employee of a law
enforcement agency, any...
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California Penal Code Section 147
Every officer who is guilty of willful inhumanity or
oppression toward any prisoner under his care or in his custody, is
punishable by fine not...
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California Penal Code Section 148
(a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in
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California Penal Code Section 148.1
(a) Any person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33,
employee of a fire department
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California Penal Code Section 148.2
Every person who willfully commits any of the following acts
at the burning of a building or at any other time and place where
any fireman or firemen
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California Penal Code Section 148.3
(a) Any individual who reports, or causes any report to be
made, to any city, county, city and county, or state department,
district, agency,...
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California Penal Code Section 148.4
(a) Any person who does any of the following is guilty of a
misdemeanor and upon conviction is punishable by imprisonment in a
county jail, not...
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California Penal Code Section 148.5
(a) Every person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the
Attorney General, or a...
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California Penal Code Section 148.6
(a) (1) Every person who files any allegation of misconduct
against any peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of...
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California Penal Code Section 148.7
Every person who, for the purpose of serving in any county
or city jail, industrial farm or road camp, or other local
correctional institution any...
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California Penal Code Section 148.9
(a) Any person who falsely represents or identifies himself
or herself as another person or as a fictitious person to any peace
officer listed in...
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California Penal Code Section 148.10
(a) Every person who willfully resists a peace officer in
the discharge or attempt to discharge any duty of his or her office
or employment and whose
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California Penal Code Section 149
Every public officer who, under color of authority, without
lawful necessity, assaults or beats any person, is punishable by a
fine not exceeding ten
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California Penal Code Section 150
Every able-bodied person above 18 years of age who neglects or
refuses to join the posse comitatus or power of the county, by
neglecting or refusing...
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California Penal Code Section 151
(a) Any person who advocates the willful and unlawful killing
or injuring of a peace officer, with the specific intent to cause the
willful and...
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California Penal Code Section 152
(a) Every person who, having knowledge of an accidental death,
actively conceals or attempts to conceal that death, shall be guilty
of a misdemeanor...
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California Penal Code Section 152.3
(a) Any person who reasonably believes that he or she has
observed the commission of any of the following offenses where the
victim is a child under...
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California Penal Code Section 153
Every person who, having knowledge of the actual commission of
a crime, takes money or property of another, or any gratuity or
reward, or any...
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California Penal Code Section 154
(a) Every debtor who fraudulently removes his or her property
or effects out of this state, or who fraudulently sells, conveys,
assigns or conceals...
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California Penal Code Section 155
(a) Every person against whom an action is pending, or against
whom a judgment has been rendered for the recovery of any personal
property, who...
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California Penal Code Section 155.5
(a) Any defendant who is ordered to pay any fine or
restitution in connection with the commission of a misdemeanor and
who, after the plea or...
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California Penal Code Section 156
Every person who fraudulently produces an infant, falsely
pretending it to have been born of any parent whose child would be
entitled to inherit any...
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California Penal Code Section 157
Every person to whom an infant has been confided for nursing,
education, or any other purpose, who, with intent to deceive any
parent or guardian of...
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California Penal Code Section 158
Common barratry is the practice of exciting groundless
judicial proceedings, and is punishable by imprisonment in the county
jail not exceeding six...
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California Penal Code Section 159
No person can be convicted of common barratry except upon
proof that he has excited suits or proceedings at law in at least
three instances, and with
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California Penal Code Section 160
(a) No bail licensee may employ, engage, solicit, pay, or
promise any payment, compensation, consideration or thing of value to
any person...
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California Penal Code Section 165
Every person who gives or offers a bribe to any member of any
common council, board of supervisors, or board of trustees of any
county, city and...
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California Penal Code Section 166
(a) Except as provided in subdivisions (b), (c), and (d),
every person guilty of any contempt of court, of any of the following
kinds, is guilty of a
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California Penal Code Section 166.5
(a) After arrest and before plea or trial or after
conviction or plea of guilty and before sentence under paragraph (4)
of subdivision (a) of Section
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California Penal Code Section 166.5
(a) After arrest and before plea or trial or after
conviction or plea of guilty and before sentence under paragraph (4)
of subdivision (a) of Section
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California Penal Code Section 167
Every person who, by any means whatsoever, willfully and
knowingly, and without knowledge and consent of the jury, records, or
attempts to record,...
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California Penal Code Section 168
(a) Every district attorney, clerk, judge, or peace officer
who, except by issuing or in executing a search warrant or warrant of
arrest for a...
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California Penal Code Section 169
Any person who pickets or parades in or near a building which
houses a court of this state with the intent to interfere with,
obstruct, or impede the
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California Penal Code Section 170
Every person who maliciously and without probable cause
procures a search warrant or warrant of arrest to be issued and
executed, is guilty of a...
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California Penal Code Section 171
Every person, not authorized by law, who, without the
permission of the officer in charge of any reformatory in this State,
communicates with any...
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California Penal Code Section 171b
(a) Any person who brings or possesses within any state or
local public building or at any meeting required to be open to the
public pursuant to...
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California Penal Code Section 171c
Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid...
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California Penal Code Section 171d
Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid...
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California Penal Code Section 171e
A firearm shall be deemed loaded for the purposes of Sections
171c and 171d whenever both the firearm and unexpended ammunition
capable of being...
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California Penal Code Section 171f
No person or group of persons shall willfully and knowingly:
1. Enter or remain within or upon any part of the chamber of
either house of the...
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California Penal Code Section 171.5
(a) For purposes of this section:
(1) "Airport" means an airport, with a secured area, that
regularly serves an air carrier holding a certificate...
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California Penal Code Section 172
(a) Every person who, within one-half mile of the land
belonging to this state upon which any state prison, or within 1,900
feet of the land...
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California Penal Code Section 172a
Every person who, within one and one-half miles of the
university grounds or campus, upon which are located the principal
administrative offices of...
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California Penal Code Section 1
1. Any person who knowingly, wilfully and with intent to
defraud the owner, lessee or licensee of any coin-box telephone,
shall operate or cause to...
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California Penal Code Section 172c
Section 172a shall not apply to the sale at auction of
alcoholic beverages by a nonprofit organization at the California
Science Center premises...
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California Penal Code Section 1
1. Any person who knowingly, wilfully and with intent to
defraud the owner, lessee or licensee of any coin-box telephone,
shall operate or cause to...
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California Penal Code Section 172e
The provisions of Sections 172, 172a, 172b, 172d, and 172g of
this code shall not apply to the sale or the exposing or offering
for sale of alcoholic
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California Penal Code Section 172f
The provisions of Sections 172, 172a, 172b, 172d, and 172g of
this code shall not apply to the sale or the exposing or offering
for sale of any...
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California Penal Code Section 1
1. Any person who knowingly, wilfully and with intent to
defraud the owner, lessee or licensee of any coin-box telephone,
shall operate or cause to...
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California Penal Code Section 172h
The provisions of Sections 172, 172a, 172b, 172d and 172g of
this code shall not be applied to prohibit the sale or the exposing
or offering for sale
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California Penal Code Section 172j
The provisions of Sections 172, 172a, 172b, 172d, and 172g
shall not apply to the sale or exposing for sale of any intoxicating
liquor on the...
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California Penal Code Section 172l
The provisions of Section 172a shall not apply to the sale or
offering for sale of any intoxicating liquor on the premises of, and
by the holder or...
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California Penal Code Section 172m
The provisions of Section 172a shall not apply to the sale or
the exposing or offering for sale of alcoholic beverages at premises
licensed under any
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California Penal Code Section 172n
The provisions of Sections 172a and 172b shall not apply to
the sale or exposing or offering for sale of alcoholic beverages by
any off-sale licensee
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California Penal Code Section 172o
The provisions of Sections 172, 172a, 172b, 172d, and 172g
shall not apply to the sale of wine for consumption off the premises
where sold when the...
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California Penal Code Section 172p
The provisions of Section 172a shall not apply to the sale or
exposing or offering for sale of beer or wine by any on-sale
licensee under the...
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California Penal Code Section 172.1
No provision of law shall prevent the possession or use of
wine on any state university, state college or community college
premises solely for use...
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California Penal Code Section 172.3
The provisions of Section 172a shall not apply to the sale
or exposing or offering for sale of any alcoholic beverages on the
premises of, and by the
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California Penal Code Section 172.5
The provisions of Sections 172 and 172a of this code shall
not apply to the sale or exposing or offering for sale of alcoholic
beverages by a...
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California Penal Code Section 172.6
The provisions of Section 172 of this code shall not apply
to the sale, gift, or exposing or offering for sale of alcoholic
beverages by a licensee...
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California Penal Code Section 172.7
The provisions of Section 172a shall not apply to the sale,
gift, or exposing or offering for sale of alcoholic beverages by a
licensee under the...
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California Penal Code Section 172.8
The provisions of Section 172a shall not apply to the sale
of alcoholic beverages for consumption on the premises, by a
nonprofit organization at a...
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California Penal Code Section 172.9
The word "university," when used in this chapter with
reference to the sale, exposing or offering for sale, of alcoholic
beverages, means an...
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California Penal Code Section 172.95
Sections 172 to 172.9, inclusive, do not apply to sales to
wholesalers or retailers by licensed winegrowers, brandy
manufacturers, beer...
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California Penal Code Section 173
Every Captain, Master of a vessel, or other person, who
willfully imports, brings, or sends, or causes or procures to be
brought or sent, into this...
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California Penal Code Section 175
Every individual person of the classes referred to in Section
173, brought to or landed within this state contrary to the
provisions of such section,
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California Penal Code Section 181
Every person who holds, or attempts to hold, any person in
involuntary servitude, or assumes, or attempts to assume, rights of
ownership over any...
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California Penal Code Section 182
(a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to
procure...
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California Penal Code Section 182.5
Notwithstanding subdivisions (a) or (b) of Section 182, any
person who actively participates in any criminal street gang, as
defined in subdivision...
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California Penal Code Section 183
No conspiracies, other than those enumerated in the preceding
section, are punishable criminally.
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California Penal Code Section 184
No agreement amounts to a conspiracy, unless some act, beside
such agreement, be done within this state to effect the object
thereof, by one or more...
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California Penal Code Section 186
This act may be cited as the "California Control of Profits of
Organized Crime Act."
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California Penal Code Section 186.1
The Legislature hereby finds and declares that an effective
means of punishing and deterring criminal activities of organized
crime is through the...
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California Penal Code Section 186.2
For purposes of this chapter, the following definitions
apply:
(a) "Criminal profiteering activity" means any act committed or
attempted or any...
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California Penal Code Section 186.3
(a) In any case in which a person is alleged to have been
engaged in a pattern of criminal profiteering activity, upon a
conviction of the underlying
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California Penal Code Section 186.4
(a) The prosecuting agency shall, in conjunction with the
criminal proceeding, file a petition of forfeiture with the superior
court of the county in
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California Penal Code Section 186.5
(a) Any person claiming an interest in the property or
proceeds may, at any time within 30 days from the date of the first
publication of the notice...
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California Penal Code Section 186.6
(a) Concurrent with, or subsequent to, the filing of the
petition, the prosecuting agency may move the superior court for the
following pendente lite
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California Penal Code Section 186.7
(a) If the trier of fact at the forfeiture hearing finds
that the alleged property or proceeds is forfeitable pursuant to
Section 186.3 and the...
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California Penal Code Section 186.8
Notwithstanding that no response or claim has been filed
pursuant to Section 186.5, in all cases where property is forfeited
pursuant to this chapter
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California Penal Code Section 186.9
As used in this chapter:
(a) "Conducts" includes, but is not limited to, initiating,
concluding, or participating in conducting, initiating, or...
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California Penal Code Section 186.10
(a) Any person who conducts or attempts to conduct a
transaction or more than one transaction within a seven-day period
involving a monetary...
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California Penal Code Section 186.11
(a) (1) Any person who commits two or more related
felonies, a material element of which is fraud or embezzlement, which
involve a pattern of related
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California Penal Code Section 186.20
This chapter shall be known and may be cited as the
"California Street Terrorism Enforcement and Prevention Act."
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California Penal Code Section 186.21
The Legislature hereby finds and declares that it is the
right of every person, regardless of race, color, creed, religion,
national origin, gender,...
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California Penal Code Section 186.22
(a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of...
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California Penal Code Section 186.22a
(a) Every building or place used by members of a criminal
street gang for the purpose of the commission of the offenses listed
in subdivision (e) of...
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California Penal Code Section 186.23
This chapter does not apply to employees engaged in
concerted activities for their mutual aid and protection, or the
activities of labor...
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California Penal Code Section 186.24
If any part or provision of this chapter, or the
application thereof to any person or circumstance, is held invalid,
the remainder of the chapter,...
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California Penal Code Section 186.25
Nothing in this chapter shall prevent a local governing
body from adopting and enforcing laws consistent with this chapter
relating to gangs and gang
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California Penal Code Section 186.26
(a) Any person who solicits or recruits another to actively
participate in a criminal street gang, as defined in subdivision (f)
of Section 186.22,...
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California Penal Code Section 186.28
(a) Any person, corporation, or firm who shall knowingly
supply, sell, or give possession or control of any firearm to another
shall be punished by...
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California Penal Code Section 186.30
(a) Any person described in subdivision (b) shall register
with the chief of police of the city in which he or she resides, or
the sheriff of the...
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California Penal Code Section 186.31
At the time of sentencing in adult court, or at the time of
the dispositional hearing in the juvenile court, the court shall
inform any person...
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California Penal Code Section 186.32
(a) The registration required by Section 186.30 shall
consist of the following:
(1) Juvenile registration shall include the following:
(A) The...
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California Penal Code Section 186.33
(a) Any person required to register pursuant to Section
186.30 who knowingly violates any of its provisions is guilty of a
misdemeanor.
(b) (1)...
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California Penal Code Section 187
(a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
(b) This section shall not apply to any person who...
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California Penal Code Section 188
Such malice may be express or implied. It is express when
there is manifested a deliberate intention unlawfully to take away
the life of a fellow...
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California Penal Code Section 189
All murder which is perpetrated by means of a destructive
device or explosive, a weapon of mass destruction, knowing use of
ammunition designed...
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California Penal Code Section 189.5
(a) Upon a trial for murder, the commission of the homicide
by the defendant being proved, the burden of proving circumstances of
mitigation, or that
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California Penal Code Section 190
(a) Every person guilty of murder in the first degree shall be
punished by death, imprisonment in the state prison for life without
the possibility...
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California Penal Code Section 190.03
(a) A person who commits first-degree murder that is a hate
crime shall be punished by imprisonment in the state prison for life
without the...
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California Penal Code Section 190.05
(a) The penalty for a defendant found guilty of murder in
the second degree, who has served a prior prison term for murder in
the first or second...
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California Penal Code Section 190.1
A case in which the death penalty may be imposed pursuant to
this chapter shall be tried in separate phases as follows:
(a) The question of the...
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California Penal Code Section 190.2
(a) The penalty for a defendant who is found guilty of
murder in the first degree is death or imprisonment in the state
prison for life without the...
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California Penal Code Section 190.25
(a) The penalty for a defendant found guilty of murder in
the first degree shall be confinement in state prison for a term of
life without the...
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California Penal Code Section 190.3
If the defendant has been found guilty of murder in the
first degree, and a special circumstance has been charged and found
to be true, or if the...
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California Penal Code Section 190.4
(a) Whenever special circumstances as enumerated in Section
190.2 are alleged and the trier of fact finds the defendant guilty of
first degree...
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California Penal Code Section 190.41
Notwithstanding Section 190.4 or any other provision of
law, the corpus delicti of a felony-based special circumstance
enumerated in paragraph (17)...
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California Penal Code Section 190.5
(a) Notwithstanding any other provision of law, the death
penalty shall not be imposed upon any person who is under the age of
18 at the time of the...
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California Penal Code Section 190.6
(a) The Legislature finds that the sentence in all capital
cases should be imposed expeditiously.
(b) Therefore, in all cases in which a sentence...
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California Penal Code Section 190.7
(a) The "entire record" referred to in Section 190.6
includes, but is not limited to, the following:
(1) The normal and additional record...
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California Penal Code Section 190.8
(a) In any case in which a death sentence has been imposed,
the record on appeal shall be expeditiously certified in two stages,
the first for...
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California Penal Code Section 190.9
(a) (1) In any case in which a death sentence may be
imposed, all proceedings conducted in the superior court, including
all conferences and...
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California Penal Code Section 191
The rules of the common law, distinguishing the killing of a
master by his servant, and of a husband by his wife, as petit
treason, are abolished,...
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California Penal Code Section 191.5
(a) Gross vehicular manslaughter while intoxicated is the
unlawful killing of a human being without malice aforethought, in the
driving of a vehicle,
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California Penal Code Section 192
Manslaughter is the unlawful killing of a human being without
malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of...
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California Penal Code Section 192.5
Vehicular manslaughter pursuant to subdivision (b) of
Section 191.5 and subdivision (c) of Section 192 is the unlawful
killing of a human being...
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California Penal Code Section 193
(a) Voluntary manslaughter is punishable by imprisonment in
the state prison for 3, 6, or 11 years.
(b) Involuntary manslaughter is punishable by...
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California Penal Code Section 193.5
Manslaughter committed during the operation of a vessel is
punishable as follows:
(a) A violation of subdivision (a) of Section 192.5 is...
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California Penal Code Section 193.7
A person convicted of a violation of subdivision (b) of
Section 191.5 that occurred within seven years of two or more
separate violations of Section...
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California Penal Code Section 193.8
(a) An adult, who is the registered owner of a motor vehicle
or in possession of a motor vehicle, shall not relinquish possession
of the vehicle to a
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California Penal Code Section 194
To make the killing either murder or manslaughter, it is not
requisite that the party die within three years and a day after the
stroke received or...
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California Penal Code Section 195
Homicide is excusable in the following cases:
1. When committed by accident and misfortune, or in doing any
other lawful act by lawful means, with
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California Penal Code Section 196
Homicide is justifiable when committed by public officers and
those acting by their command in their aid and assistance, either--
1. In obedience...
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California Penal Code Section 197
Homicide is also justifiable when committed by any person in
any of the following cases:
1. When resisting any attempt to murder any person, or to
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California Penal Code Section 198
A bare fear of the commission of any of the offenses mentioned
in subdivisions 2 and 3 of Section 197, to prevent which homicide
may be lawfully...
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California Penal Code Section 198.5
Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a...
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California Penal Code Section 199
The homicide appearing to be justifiable or excusable, the
person indicted must, upon his trial, be fully acquitted and
discharged.
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California Penal Code Section 203
Every person who unlawfully and maliciously deprives a human
being of a member of his body, or disables, disfigures, or renders it
useless, or cuts...
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California Penal Code Section 204
Mayhem is punishable by imprisonment in the state prison for
two, four, or eight years.
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California Penal Code Section 205
A person is guilty of aggravated mayhem when he or she
unlawfully, under circumstances manifesting extreme indifference to
the physical or...
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California Penal Code Section 206
Every person who, with the intent to cause cruel or extreme
pain and suffering for the purpose of revenge, extortion, persuasion,
or for any sadistic
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California Penal Code Section 206.1
Torture is punishable by imprisonment in the state prison
for a term of life.
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California Penal Code Section 207
(a) Every person who forcibly, or by any other means of
instilling fear, steals or takes, or holds, detains, or arrests any
person in this state, and
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California Penal Code Section 208
(a) Kidnapping is punishable by imprisonment in the state
prison for three, five, or eight years.
(b) If the person kidnapped is under 14 years of
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California Penal Code Section 209
(a) Any person who seizes, confines, inveigles, entices,
decoys, abducts, conceals, kidnaps or carries away another person by
any means whatsoever...
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California Penal Code Section 209.5
(a) Any person who, during the commission of a carjacking
and in order to facilitate the commission of the carjacking, kidnaps
another person who is...
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California Penal Code Section 210
Every person who for the purpose of obtaining any ransom or
reward, or to extort or exact from any person any money or thing of
value, poses as, or...
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California Penal Code Section 210.5
Every person who commits the offense of false imprisonment,
as defined in Section 236, against a person for purposes of
protection from arrest, which
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California Penal Code Section 211
Robbery is the felonious taking of personal property in the
possession of another, from his person or immediate presence, and
against his will,...
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California Penal Code Section 212
The fear mentioned in Section 211 may be either:
1. The fear of an unlawful injury to the person or property of the
person robbed, or of any...
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California Penal Code Section 212.5
(a) Every robbery of any person who is performing his or her
duties as an operator of any bus, taxicab, cable car, streetcar,
trackless trolley, or...
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California Penal Code Section 213
(a) Robbery is punishable as follows:
(1) Robbery of the first degree is punishable as follows:
(A) If the defendant, voluntarily acting in...
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California Penal Code Section 214
Every person who goes upon or boards any railroad train, car
or engine, with the intention of robbing any passenger or other
person on such train,...
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California Penal Code Section 215
(a) "Carjacking" is the felonious taking of a motor vehicle in
the possession of another, from his or her person or immediate
presence, or from the...
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California Penal Code Section 217.1
(a) Except as provided in subdivision (b), every person who
commits any assault upon the President or Vice President of the
United States, the...
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California Penal Code Section 218
Every person who unlawfully throws out a switch, removes a
rail, or places any obstruction on any railroad with the intention of
derailing any...
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California Penal Code Section 218.1
Any person who unlawfully and with gross negligence places
or causes to be placed any obstruction upon or near the track of any
railroad that...
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California Penal Code Section 219
Every person who unlawfully throws out a switch, removes a
rail, or places any obstruction on any railroad with the intention of
derailing any...
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California Penal Code Section 219.1
Every person who unlawfully throws, hurls or projects at a
vehicle operated by a common carrier, while such vehicle is either in
motion or...
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California Penal Code Section 219.2
Every person who willfully throws, hurls, or projects a
stone or other hard substance, or shoots a missile, at a train,
locomotive, railway car,...
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California Penal Code Section 219.3
Any person who wilfully drops or throws any object or
missile from any toll bridge is guilty of a misdemeanor.
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California Penal Code Section 220
(a) Except as provided in subdivision (b), any person who
assaults another with intent to commit mayhem, rape, sodomy, oral
copulation, or any...
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California Penal Code Section 222
Every person guilty of administering to another any
chloroform, ether, laudanum, or any controlled substance,
anaesthetic, or intoxicating agent,...
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California Penal Code Section 236
False imprisonment is the unlawful violation of the personal
liberty of another.
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California Penal Code Section 236.1
(a) Any person who deprives or violates the personal liberty
of another with the intent to effect or maintain a felony violation
of Section 266,...
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California Penal Code Section 236.2
Law enforcement agencies shall use due diligence to identify
all victims of human trafficking, regardless of the citizenship of
the person. When a...
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California Penal Code Section 236.5
(a) Within 15 business days of the first encounter with a
victim of human trafficking, as defined by Section 236.1, law
enforcement agencies shall...
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California Penal Code Section 237
(a) False imprisonment is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in the county jail
for not more than...
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California Penal Code Section 240
An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.
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California Penal Code Section 241
(a) An assault is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months,...
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California Penal Code Section 241.1
When an assault is committed against the person of a
custodial officer as defined in Section 831 or 831.5, and the person
committing the offense...
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California Penal Code Section 241.2
(a) (1) When an assault is committed on school or park
property against any person, the assault is punishable by a fine not
exceeding two thousand...
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California Penal Code Section 241.3
(a) When an assault is committed against any person on the
property of, or on a motor vehicle of, a public transportation
provider, the offense shall
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California Penal Code Section 241.4
An assault is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or by...
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California Penal Code Section 241.5
(a) When an assault is committed against a highway worker
engaged in the performance of his or her duties and the person
committing the offense...
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California Penal Code Section 241.6
When an assault is committed against a school employee
engaged in the performance of his or her duties, or in retaliation
for an act performed in the
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California Penal Code Section 241.7
Any person who is a party to a civil or criminal action in
which a jury has been selected to try the case and who, while the
legal action is pending...
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California Penal Code Section 241.8
(a) Any person who commits an assault against a member of
the United States Armed Forces because of the victim's service in the
United States Armed...
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California Penal Code Section 242
A battery is any willful and unlawful use of force or violence
upon the person of another.
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California Penal Code Section 243
(a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or...
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California Penal Code Section 243.1
When a battery is committed against the person of a
custodial officer as defined in Section 831 of the Penal Code, and
the person committing the...
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California Penal Code Section 243.2
(a) (1) Except as otherwise provided in Section 243.6, when
a battery is committed on school property, park property, or the
grounds of a public or...
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California Penal Code Section 243.25
When a battery is committed against the person of an elder
or a dependent adult as defined in Section 368, with knowledge that
he or she is an elder...
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California Penal Code Section 243.3
When a battery is committed against the person of an
operator, driver, or passenger on a bus, taxicab, streetcar, cable
car, trackless trolley, or...
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California Penal Code Section 243.35
(a) Except as provided in Section 243.3, when a battery is
committed against any person on the property of, or in a motor
vehicle of, a public...
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California Penal Code Section 243.4
(a) Any person who touches an intimate part of another
person while that person is unlawfully restrained by the accused or
an accomplice, and if the...
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California Penal Code Section 243.5
(a) When a person commits an assault or battery on school
property during hours when school activities are being conducted, a
peace officer may,...
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California Penal Code Section 243.6
When a battery is committed against a school employee
engaged in the performance of his or her duties, or in retaliation
for an act performed in the...
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California Penal Code Section 243.65
(a) When a battery is committed against the person of a
highway worker engaged in the performance of his or her duties and
the person committing the...
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California Penal Code Section 243.7
Any person who is a party to a civil or criminal action in
which a jury has been selected to try the case and who, while the
legal action is pending...
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California Penal Code Section 243.8
(a) When a battery is committed against a sports official
immediately prior to, during, or immediately following an
interscholastic, intercollegiate,
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California Penal Code Section 243.83
(a) It is unlawful for any person attending a professional
sporting event to do any of the following:
(1) Throw any object on or across the court...
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California Penal Code Section 243.9
(a) Every person confined in any local detention facility
who commits a battery by gassing upon the person of any peace
officer, as defined in...
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California Penal Code Section 243.10
(a) Any person who commits a battery against a member of
the United States Armed Forces because of the victim's service in the
United States Armed...
|
California Penal Code Section 244
Any person who willfully and maliciously places or throws, or
causes to be placed or thrown, upon the person of another, any
vitriol, corrosive acid,
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California Penal Code Section 244.5
(a) As used in this section, "stun gun" means any item,
except a less lethal weapon, as defined in Section 12601, used or
intended to be used as...
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California Penal Code Section 245
(a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force
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California Penal Code Section 245.1
As used in Sections 148.2, 241, 243, 244.5, and 245, "fireman"
or "firefighter" includes any person who is an officer, employee or
member of a fire...
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California Penal Code Section 245.2
Every person who commits an assault with a deadly weapon or
instrument or by any means of force likely to produce great bodily
injury upon the person
|
California Penal Code Section 245.3
Every person who commits an assault with a deadly weapon or
instrument or by any means likely to produce great bodily injury upon
the person of a...
|
California Penal Code Section 245.5
(a) Every person who commits an assault with a deadly weapon
or instrument, other than a firearm, or by any means likely to
produce great bodily...
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California Penal Code Section 245.6
(a) It shall be unlawful to engage in hazing, as defined in
this section.
(b) "Hazing" means any method of initiation or preinitiation into
a...
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California Penal Code Section 246
Any person who shall maliciously and willfully discharge a
firearm at an inhabited dwelling house, occupied building, occupied
motor vehicle,...
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California Penal Code Section 246.1
(a) Except as provided in subdivision (f), upon the
conviction of any person found guilty of murder in the first or
second degree, manslaughter,...
|
California Penal Code Section 246.3
(a) Except as otherwise authorized by law, any person who
willfully discharges a firearm in a grossly negligent manner which
could result in injury...
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California Penal Code Section 247
(a) Any person who willfully and maliciously discharges a
firearm at an unoccupied aircraft is guilty of a felony.
(b) Any person who discharges a
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California Penal Code Section 247.5
Any person who willfully and maliciously discharges a laser
at an aircraft, whether in motion or in flight, while occupied, is
guilty of a violation
|
California Penal Code Section 248
Any person who, with the intent to interfere with the
operation of an aircraft, willfully shines a light or other bright
device, of an intensity...
|
California Penal Code Section 261
(a) Rape is an act of sexual intercourse accomplished with a
person not the spouse of the perpetrator, under any of the following
circumstances:
...
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California Penal Code Section 261.5
(a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is
|
California Penal Code Section 261.6
In prosecutions under Section 261, 262, 286, 288a, or 289,
in which consent is at issue, "consent" shall be defined to mean
positive cooperation in...
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California Penal Code Section 261.7
In prosecutions under Section 261, 262, 286, 288a, or 289,
in which consent is at issue, evidence that the victim suggested,
requested, or otherwise...
|
California Penal Code Section 262
(a) Rape of a person who is the spouse of the perpetrator is
an act of sexual intercourse accomplished under any of the following
circumstances:
...
|
California Penal Code Section 263
The essential guilt of rape consists in the outrage to the
person and feelings of the victim of the rape. Any sexual
penetration, however slight, is
|
California Penal Code Section 264
(a) Rape, as defined in Section 261 or 262, is punishable by
imprisonment in the state prison for three, six, or eight years.
(b) In addition to...
|
California Penal Code Section 264.1
The provisions of Section 264 notwithstanding, in any case
in which the defendant, voluntarily acting in concert with another
person, by force or...
|
California Penal Code Section 264.2
(a) Whenever there is an alleged violation or violations of
subdivision (e) of Section 243, or Section 261, 261.5, 262, 273.5,
286, 288a, or 289, the
|
California Penal Code Section 265
Every person who takes any woman unlawfully, against her will,
and by force, menace or duress, compels her to marry him, or to
marry any other...
|
California Penal Code Section 266
Every person who inveigles or entices any unmarried female, of
previous chaste character, under the age of 18 years, into any
house of ill fame, or...
|
California Penal Code Section 266a
Every person who, within this state, takes any person against
his or her will and without his or her consent, or with his or her
consent procured by...
|
California Penal Code Section 266b
Every person who takes any other person unlawfully, and
against his or her will, and by force, menace, or duress, compels him
or her to live with...
|
California Penal Code Section 266c
Every person who induces any other person to engage in sexual
intercourse, sexual penetration, oral copulation, or sodomy when his
or her consent is...
|
California Penal Code Section 266d
Any person who receives any money or other valuable thing for
or on account of placing in custody any other person for the purpose
of causing the...
|
California Penal Code Section 266e
Every person who purchases, or pays any money or other
valuable thing for, any person for the purpose of prostitution as
defined in subdivision (b)...
|
California Penal Code Section 266f
Every person who sells any person or receives any money or
other valuable thing for or on account of his or her placing in
custody, for immoral...
|
California Penal Code Section 266g
Every man who, by force, intimidation, threats, persuasion,
promises, or any other means, places or leaves, or procures any other
person or persons...
|
California Penal Code Section 266h
(a) Except as provided in subdivision (b), any person who,
knowing another person is a prostitute, lives or derives support or
maintenance in whole...
|
California Penal Code Section 266i
(a) Except as provided in subdivision (b), any person who
does any of the following is guilty of pandering, a felony, and shall
be punishable by...
|
California Penal Code Section 266j
Any person who intentionally gives, transports, provides, or
makes available, or who offers to give, transport, provide, or make
available to another
|
California Penal Code Section 266k
(a) Upon the conviction of any person for a violation of
Section 266h, 266i, or 266j, the court may, in addition to any other
penalty or fine...
|
California Penal Code Section 267
Every person who takes away any other person under the age of
18 years from the father, mother, guardian, or other person having
the legal charge of...
|
California Penal Code Section 269
(a) Any person who commits any of the following acts upon a
child who is under 14 years of age and seven or more years younger
than the person is...
|
California Penal Code Section 270
If a parent of a minor child willfully omits, without lawful
excuse, to furnish necessary clothing, food, shelter or medical
attendance, or other...
|
California Penal Code Section 270.5
(a) Every parent who refuses, without lawful excuse, to
accept his or her minor child into the parent's home, or, failing to
do so, to provide...
|
California Penal Code Section 270.6
If a court of competent jurisdiction has made a temporary or
permanent order awarding spousal support that a person must pay, the
person has notice...
|
California Penal Code Section 270a
Every individual who has sufficient ability to provide for
his or her spouse's support, or who is able to earn the means of such
spouse's support,...
|
California Penal Code Section 270b
After arrest and before plea or trial, or after conviction or
plea of guilty and before sentence under either Section 270 or 270a,
if the defendant...
|
California Penal Code Section 270c
Except as provided in Chapter 2 (commencing with Section
4410) of Part 4 of Division 9 of the Family Code, every adult child
who, having the ability...
|
California Penal Code Section 270d
In any case where there is a conviction and sentence under
the provisions of either Section 270 or 270a, should a fine be
imposed, such fine shall...
|
California Penal Code Section 270e
No other evidence shall be required to prove marriage of
husband and wife, or that a person is the lawful father or mother of
a child or children,...
|
California Penal Code Section 270f
Where, under the provisions of this chapter, a report is
filed by a parent of a child with the district attorney averring:
(1) That the other...
|
California Penal Code Section 270g
A review of each report filed with the district attorney
under Section 270f shall be made at 90-day intervals unless the
support payments have been...
|
California Penal Code Section 270h
In any case where there is a conviction under either Section
270 or 270a and there is an order granting probation which includes
an order for...
|
California Penal Code Section 271
Every parent of any child under the age of 14 years, and every
person to whom any such child has been confided for nurture, or
education, who deserts
|
California Penal Code Section 271a
Every person who knowingly and willfully abandons, or who,
having ability so to do, fails or refuses to maintain his or her
minor child under the age
|
California Penal Code Section 271.5
(a) No parent or other individual having lawful custody of a
minor child 72 hours old or younger may be prosecuted for a
violation of Section 270,...
|
California Penal Code Section 272
(a) (1) Every person who commits any act or omits the
performance of any duty, which act or omission causes or tends to
cause or encourage any person
|
California Penal Code Section 273
(a) It is a misdemeanor for any person or agency to pay, offer
to pay, or to receive money or anything of value for the placement
for adoption or for
|
California Penal Code Section 273a
(a) Any person who, under circumstances or conditions likely
to produce great bodily harm or death, willfully causes or permits
any child to suffer,...
|
California Penal Code Section 273b
No child under the age of 16 years shall be placed in any
courtroom, or in any vehicle for transportation to any place, in
company with adults...
|
California Penal Code Section 273c
All fines, penalties, and forfeitures imposed and collected
under the provisions of Sections 270, 271, 271a, 273a, and 273b, or
under the provisions...
|
California Penal Code Section 273d
(a) Any person who willfully inflicts upon a child any cruel
or inhuman corporal punishment or an injury resulting in a traumatic
condition is guilty
|
California Penal Code Section 273e
Every telephone, special delivery company or association, and
every other corporation or person engaged in the delivery of
packages, letters, notes,...
|
California Penal Code Section 273f
Any person, whether as parent, guardian, employer, or
otherwise, and any firm or corporation, who as employer or otherwise,
shall send, direct, or...
|
California Penal Code Section 273g
Any person who in the presence of any child indulges in any
degrading, lewd, immoral or vicious habits or practices, or who is
habitually drunk in...
|
California Penal Code Section 273h
In all prosecutions under the provisions of either section
270, section 270a, section 270b, section 271 or section 271a, of this
code, where a...
|
California Penal Code Section 273i
(a) Any person who publishes information describing or
depicting a child, the physical appearance of a child, the location
of a child, or locations...
|
California Penal Code Section 273.1
(a) Any treatment program to which a child abuser convicted
of a violation of Section 273a or 273d is referred as a condition of
probation shall meet
|
California Penal Code Section 273.4
(a) If the act constituting a felony violation of
subdivision (a) of Section 273a was female genital mutilation, as
defined in subdivision (b), the...
|
California Penal Code Section 273.5
(a) Any person who willfully inflicts upon a person who is
his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father...
|
California Penal Code Section 273.6
(a) Any intentional and knowing violation of a protective
order, as defined in Section 6218 of the Family Code, or of an order
issued pursuant to...
|
California Penal Code Section 273.65
(a) Any intentional and knowing violation of a protective
order issued pursuant to Section 213.5, 304, or 362.4 of the Welfare
and Institutions Code...
|
California Penal Code Section 273.7
(a) Any person who maliciously publishes, disseminates, or
otherwise discloses the location of any trafficking shelter or
domestic violence shelter...
|
California Penal Code Section 273.75
(a) On any charge involving acts of domestic violence as
defined in subdivisions (a) and (b) of Section 13700 of the Penal
Code or Sections 6203 and...
|
California Penal Code Section 273.8
The Legislature hereby finds that spousal abusers present a
clear and present danger to the mental and physical well-being of the
citizens of the...
|
California Penal Code Section 273.81
(a) There is hereby established in the Department of
Justice a program of financial and technical assistance for district
attorneys' or city...
|
California Penal Code Section 273.82
Spousal abuser prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals...
|
California Penal Code Section 273.83
(a) An individual shall be the subject of a spousal abuser
prosecution effort who is under arrest for any act or omission
described in subdivisions...
|
California Penal Code Section 273.84
Each district attorney's or city attorney's office
establishing a spousal abuser prosecution unit and receiving state
support under this chapter...
|
California Penal Code Section 273.85
(a) The selection criteria set forth in Section 273.84
shall be adhered to for each spousal abuser case unless, in the
reasonable exercise of...
|
California Penal Code Section 273.86
The characterization of a defendant as a "spousal abuser"
as defined by this chapter shall not be communicated to the trier of
fact.
|
California Penal Code Section 273.87
The Department of Justice is encouraged to utilize Federal
Victims of Crimes Act (VOCA) funds or any other federal funds that
may become available in
|
California Penal Code Section 273.88
Administrative costs incurred by the Department of Justice
pursuant to the Spousal Abuser Prosecution Program shall not exceed 5
percent of the total
|
California Penal Code Section 277
The following definitions apply for the purposes of this
chapter:
(a) "Child" means a person under the age of 18 years.
(b) "Court order" or...
|
California Penal Code Section 278
Every person, not having a right to custody, who maliciously
takes, entices away, keeps, withholds, or conceals any child with the
intent to detain...
|
California Penal Code Section 278.5
(a) Every person who takes, entices away, keeps, withholds,
or conceals a child and maliciously deprives a lawful custodian of a
right to custody, or
|
California Penal Code Section 278.6
(a) At the sentencing hearing following a conviction for a
violation of Section 278 or 278.5, or both, the court shall consider
any relevant factors...
|
California Penal Code Section 278.7
(a) Section 278.5 does not apply to a person with a right to
custody of a child who, with a good faith and reasonable belief that
the child, if left...
|
California Penal Code Section 279
A violation of Section 278 or 278.5 by a person who was not a
resident of, or present in, this state at the time of the alleged
offense is punishable
|
California Penal Code Section 279.1
The offenses enumerated in Sections 278 and 278.5 are
continuous in nature, and continue for as long as the minor child is
concealed or detained.
|
California Penal Code Section 279.5
When a person is arrested for an alleged violation of
Section 278 or 278.5, the court, in setting bail, shall take into
consideration whether the...
|
California Penal Code Section 279.6
(a) A law enforcement officer may take a child into
protective custody under any of the following circumstances:
(1) It reasonably appears to the...
|
California Penal Code Section 280
Every person who willfully causes or permits the removal or
concealment of any child in violation of Section 8713, 8803, or 8910
of the Family Code...
|
California Penal Code Section 281
(a) Every person having a husband or wife living, who marries
any other person, except in the cases specified in Section 282, is
guilty of bigamy.
|
California Penal Code Section 282
Section 281 does not extend to any of the following:
(a) To any person by reason of any former marriage whose husband
or wife by such marriage has
|
California Penal Code Section 283
Bigamy is punishable by a fine not exceeding ten thousand
dollars ($10,000) or by imprisonment in a county jail not exceeding
one year or in the...
|
California Penal Code Section 284
Every person who knowingly and willfully marries the husband
or wife of another, in any case in which such husband or wife would
be punishable under...
|
California Penal Code Section 285
Persons being within the degrees of consanguinity within which
marriages are declared by law to be incestuous and void, who
intermarry with each...
|
California Penal Code Section 286
(a) Sodomy is sexual conduct consisting of contact between the
penis of one person and the anus of another person. Any sexual
penetration, however...
|
California Penal Code Section 286.5
Any person who sexually assaults any animal protected by
Section 597f for the purpose of arousing or gratifying the sexual
desire of the person is...
|
California Penal Code Section 288
(a) Any person who willfully and lewdly commits any lewd or
lascivious act, including any of the acts constituting other crimes
provided for in Part...
|
California Penal Code Section 288.1
Any person convicted of committing any lewd or lascivious
act including any of the acts constituting other crimes provided for
in Part 1 of this code
|
California Penal Code Section 288.2
(a) Every person who, with knowledge that a person is a
minor, or who fails to exercise reasonable care in ascertaining the
true age of a minor,...
|
California Penal Code Section 288.3
(a) Every person who contacts or communicates with a minor,
or attempts to contact or communicate with a minor, who knows or
reasonably should know...
|
California Penal Code Section 288.4
(a) (1) Every person who, motivated by an unnatural or
abnormal sexual interest in children, arranges a meeting with a minor
or a person he or she...
|
California Penal Code Section 288.5
(a) Any person who either resides in the same home with the
minor child or has recurring access to the child, who over a period
of time, not less...
|
California Penal Code Section 288.7
(a) Any person 18 years of age or older who engages in
sexual intercourse or sodomy with a child who is 10 years of age or
younger is guilty of a...
|
California Penal Code Section 288a
(a) Oral copulation is the act of copulating the mouth of one
person with the sexual organ or anus of another person.
(b) (1) Except as provided...
|
California Penal Code Section 289
(a) (1) Any person who commits an act of sexual penetration
when the act is accomplished against the victim's will by means of
force, violence,...
|
California Penal Code Section 289.5
(a) Every person who flees to this state with the intent to
avoid prosecution for an offense which, if committed or attempted in
this state, would...
|
California Penal Code Section 289.6
(a) (1) An employee or officer of a public entity health
facility, or an employee, officer, or agent of a private person or
entity that provides a...
|
California Penal Code Section 290
(a) Sections 290 to 290.023, inclusive, shall be known and may
be cited as the Sex Offender Registration Act. All references to
"the Act" in those...
|
California Penal Code Section 290.001
Every person who has ever been adjudicated a sexually
violent predator, as defined in Section 6600 of the Welfare and
Institutions Code, shall...
|
California Penal Code Section 290.002
Persons required to register in their state of residence
who are out-of-state residents employed, or carrying on a vocation in
California on a...
|
California Penal Code Section 290.003
Any person who, since July 1, 1944, has been or hereafter
is released, discharged, or paroled from a penal institution where he
or she was confined...
|
California Penal Code Section 290.004
Any person who, since July 1, 1944, has been or hereafter
is determined to be a mentally disordered sex offender under Article
1 (commencing with...
|
California Penal Code Section 290.005
The following persons shall register in accordance with
the Act:
(a) Any person who, since July 1, 1944, has been, or is hereafter
convicted in...
|
California Penal Code Section 290.006
Any person ordered by any court to register pursuant to
the Act for any offense not included specifically in subdivision (c)
of Section 290, shall so
|
California Penal Code Section 290.007
Any person required to register pursuant to any provision
of the Act shall register in accordance with the Act, regardless of
whether the person's...
|
California Penal Code Section 290.008
(a) Any person who, on or after January 1, 1986, is
discharged or paroled from the Department of Corrections and
Rehabilitation to the custody of...
|
California Penal Code Section 290.009
Any person required to register under the Act who is
enrolled as a student or is an employee or carries on a vocation,
with or without compensation,...
|
California Penal Code Section 290.010
If the person who is registering has more than one
residence address at which he or she regularly resides, he or she
shall register in accordance...
|
California Penal Code Section 290.011
Every person who is required to register pursuant to the
Act who is living as a transient shall be required to register for
the rest of his or her...
|
California Penal Code Section 290.012
(a) Beginning on his or her first birthday following
registration or change of address, the person shall be required to
register annually, within...
|
California Penal Code Section 290.013
(a) Any person who was last registered at a residence
address pursuant to the Act who changes his or her residence address,
whether within the...
|
California Penal Code Section 290.014
If any person who is required to register pursuant to the
Act changes his or her name, the person shall inform, in person, the
law enforcement agency
|
California Penal Code Section 290.015
(a) A person who is subject to the Act shall register, or
reregister if the person has previously registered, upon release from
incarceration,...
|
California Penal Code Section 290.016
(a) On or after January 1, 1998, upon incarceration,
placement, or commitment, or prior to release on probation, any
person who is required to...
|
California Penal Code Section 290.017
(a) Any person who is released, discharged, or paroled
from a jail, state or federal prison, school, road camp, or other
institution where he or she...
|
California Penal Code Section 290.018
(a) Any person who is required to register under the Act
based on a misdemeanor conviction or juvenile adjudication who
willfully violates any...
|
California Penal Code Section 290.019
(a) Notwithstanding any other section in the Act, a person
who was convicted before January 1, 1976, under subdivision (a) of
Section 286, or Section
|
California Penal Code Section 290.020
In any case in which a person who would be required to
register pursuant to the Act for a felony conviction is to be
temporarily sent outside the...
|
California Penal Code Section 290.021
Except as otherwise provided by law, the statements,
photographs, and fingerprints required by the Act shall not be open
to inspection by the public...
|
California Penal Code Section 290.022
On or before July 1, 2010, the Department of Justice shall
renovate the VCIN to do the following:
(1) Correct all software deficiencies affecting...
|
California Penal Code Section 290.023
The registration provisions of the Act are applicable to
every person described in the Act, without regard to when his or her
crime or crimes were...
|
California Penal Code Section 290.01
(a) (1) Commencing October 28, 2002, every person required
to register pursuant to Sections 290 to 290.009, inclusive, of the
Sex Offender...
|
California Penal Code Section 290.02
(a) Notwithstanding any other law, the Department of
Justice shall identify the names of persons required to register
pursuant to Section 290 from a...
|
California Penal Code Section 290.03
(a) The Legislature finds and declares that a comprehensive
system of risk assessment, supervision, monitoring and containment
for registered sex...
|
California Penal Code Section 290.04
(a) (1) The sex offender risk assessment tools authorized
by this section for use with selected populations shall be known,
with respect to each...
|
California Penal Code Section 290.05
(a) The SARATSO Training Committee shall be comprised of a
representative of the State Department of Mental Health, a
representative of the...
|
California Penal Code Section 290.06
Effective on or before July 1, 2008, the SARATSO, as set
forth in Section 290.04, shall be administered as follows:
(a) (1) The Department of...
|
California Penal Code Section 290.07
Notwithstanding any other provision of law, any person
authorized by statute to administer the State Authorized Risk
Assessment Tool for Sex...
|
California Penal Code Section 290.08
Every district attorney's office and the Department of
Justice shall retain records relating to a person convicted of an
offense for which...
|
California Penal Code Section 290.3
(a) Every person who is convicted of any offense specified
in subdivision (c) of Section 290 shall, in addition to any
imprisonment or fine, or both,
|
California Penal Code Section 290.4
(a) The department shall operate a service through which
members of the public may provide a list of at least six persons on a
form approved by the...
|
California Penal Code Section 290.45
(a) (1) Notwithstanding any other provision of law, and
except as provided in paragraph (2), any designated law enforcement
entity may provide...
|
California Penal Code Section 290.46
(a) (1) On or before the dates specified in this section,
the Department of Justice shall make available information concerning
persons who are...
|
California Penal Code Section 290.46
(a) (1) On or before the dates specified in this section,
the Department of Justice shall make available information concerning
persons who are...
|
California Penal Code Section 290.5
(a) (1) A person required to register under Section 290 for
an offense not listed in paragraph (2), upon obtaining a certificate
of rehabilitation...
|
California Penal Code Section 290.6
(a) Fifteen days before the scheduled release date of a
person described in subdivision (b), the Department of Corrections
and Rehabilitation shall...
|
California Penal Code Section 290.7
The Department of Corrections shall provide samples of blood
and saliva taken from a prison inmate pursuant to the DNA and
Forensic Identification...
|
California Penal Code Section 290.8
Effective January 1, 1999, any local law enforcement agency
that does not register sex offenders during regular daytime business
hours on a daily...
|
California Penal Code Section 290.85
(a) Every person released on probation or parole who is
required to register as a sex offender, pursuant to Section 290,
shall provide proof of...
|
California Penal Code Section 290.9
Notwithstanding any other provision of law, any state or
local governmental agency shall, upon written request, provide to the
Department of Justice...
|
California Penal Code Section 290.95
(a) Every person required to register under Section 290,
who applies or accepts a position as an employee or volunteer with
any person, group, or...
|
California Penal Code Section 291
Every sheriff, chief of police, or the Commissioner of the
California Highway Patrol, upon the arrest for any of the offenses
enumerated in Section...
|
California Penal Code Section 291.1
Every sheriff or chief of police, or Commissioner of the
California Highway Patrol, upon the arrest for any of the offenses
enumerated in Section 290
|
California Penal Code Section 291.5
Every sheriff or chief of police, upon the arrest for any of
the offenses enumerated in Section 290 or in subdivision (1) of
Section 261 of any...
|
California Penal Code Section 292
It is the intention of the Legislature in enacting this
section to clarify that for the purposes of subdivisions (b) and (c)
of Section 12 of Article
|
California Penal Code Section 293
(a) Any employee of a law enforcement agency who personally
receives a report from any person, alleging that the person making
the report has been...
|
California Penal Code Section 293
(a) Any employee of a law enforcement agency who personally
receives a report from any person, alleging that the person making
the report has been...
|
California Penal Code Section 293.5
(a) Except as provided in Chapter 10 (commencing with
Section 1054) of Part 2 of Title 7, or for cases in which the alleged
victim of a sex offense,...
|
California Penal Code Section 294
(a) Upon conviction of any person for a violation of Section
273a, 273d, 288.5, 311.2, 311.3, or 647.6, the court may, in addition
to any other...
|
California Penal Code Section 295
(a) This chapter shall be known and may be cited as the DNA
and Forensic Identification Database and Data Bank Act of 1998, as
amended.
(b) The...
|
California Penal Code Section 295.1
(a) The Department of Justice shall perform DNA analysis and
other forensic identification analysis pursuant to this chapter only
for identification...
|
California Penal Code Section 296
(a) The following persons shall provide buccal swab samples,
right thumbprints, and a full palm print impression of each hand, and
any blood...
|
California Penal Code Section 296.1
(a) The specimens, samples, and print impressions required
by this chapter shall be collected from persons described in
subdivision (a) of Section...
|
California Penal Code Section 296.2
(a) Whenever the DNA Laboratory of the Department of Justice
notifies the Department of Corrections and Rehabilitation or any law
enforcement agency...
|
California Penal Code Section 297
(a) Subject to the limitations in paragraph (3) of this
subdivision, only the following laboratories are authorized to
analyze crime scene samples...
|
California Penal Code Section 298
(a) The Director of Corrections, or the Chief Administrative
Officer of the detention facility, jail, or other facility at which
the blood specimens,
|
California Penal Code Section 298.1
(a) As of the effective date of this chapter, any person who
refuses to give any or all of the following, blood specimens, saliva
samples, or thumb...
|
California Penal Code Section 298.2
(a) Any person who is required to submit a specimen sample
or print impression pursuant to this chapter who engages or attempts
to engage in any of...
|
California Penal Code Section 298.3
(a) To ensure expeditious and economical processing of
offender specimens and samples for inclusion in the FBI's CODIS
System and the state's DNA...
|
California Penal Code Section 299
(a) A person whose DNA profile has been included in the data
bank pursuant to this chapter shall have his or her DNA specimen and
sample destroyed...
|
California Penal Code Section 299.5
(a) All DNA and forensic identification profiles and other
identification information retained by the Department of Justice
pursuant to this chapter...
|
California Penal Code Section 299.6
(a) Nothing in this chapter shall prohibit the Department of
Justice, in its sole discretion, from the sharing or disseminating
of population...
|
California Penal Code Section 299.7
The Department of Justice is authorized to dispose of unused
specimens and samples, unused portions of specimens and samples, and
expired specimens...
|
California Penal Code Section 300
Nothing in this chapter shall limit or abrogate any existing
authority of law enforcement officers to take, maintain, store, and
utilize DNA or...
|
California Penal Code Section 300.1
(a) Nothing in this chapter shall be construed to restrict
the authority of local law enforcement to maintain their own
DNA-related databases or data
|
California Penal Code Section 300.2
Any requirement to provide saliva samples pursuant to this
chapter shall be construed as a requirement to provide buccal swab
samples as of the...
|
California Penal Code Section 300.2
Any requirement to provide saliva samples pursuant to this
chapter shall be construed as a requirement to provide buccal swab
samples as of the...
|
California Penal Code Section 300.3
The duties and requirements of the Department of Corrections
and the Department of the Youth Authority pursuant to this chapter
shall commence on...
|
California Penal Code Section 302
(a) Every person who intentionally disturbs or disquiets any
assemblage of people met for religious worship at a tax-exempt place
of worship, by...
|
California Penal Code Section 303
It shall be unlawful for any person engaged in the sale of
alcoholic beverages, other than in the original package, to employ
upon the premises where
|
California Penal Code Section 303a
It shall be unlawful, in any place of business where
alcoholic beverages are sold to be consumed upon the premises, for
any person to loiter in or...
|
California Penal Code Section 307
Every person, firm, or corporation which sells or gives or in
any way furnishes to another person, who is in fact under the age of
21 years, any...
|
California Penal Code Section 308
(a) (1) Every person, firm, or corporation that knowingly or
under circumstances in which it has knowledge, or should otherwise
have grounds for...
|
California Penal Code Section 308.1
(a) Notwithstanding any other provision of law, no person
shall sell, offer for sale, distribute, or import any tobacco product
commonly referred to...
|
California Penal Code Section 308.2
(a) Every person who sells one or more cigarettes, other
than in a sealed and properly labeled package, is guilty of an
infraction.
(b) "A sealed...
|
California Penal Code Section 308.3
(a) A person, firm, corporation, or business may not
manufacture for sale, distribute, sell, or offer to sell any
cigarette, except in a package...
|
California Penal Code Section 308.5
(a) No person or business shall sell, lease, rent, or
provide, or offer to sell, lease, rent, or otherwise offer to the
public or to public...
|
California Penal Code Section 308b
(a) Except as provided in subdivision (b), every person who
knowingly delivers or causes to be delivered to any residence in this
state any tobacco...
|
California Penal Code Section 309
Any proprietor, keeper, manager, conductor, or person having
the control of any house of prostitution, or any house or room
resorted to for the...
|
California Penal Code Section 310
Any minor under the age of 16 years who visits or attends any
prizefight, cockfight, or place where any prizefight, or cockfight,
is advertised to...
|
California Penal Code Section 310.2
(a) Any coach, trainer, or other person acting in an
official or nonofficial capacity as an adult supervisor for an
athletic team consisting of...
|
California Penal Code Section 310.5
(a) Any parent or guardian of a child who enters into an
agreement on behalf of that child which is in violation of Section
1669.5 of the Civil Code,
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California Penal Code Section 311
As used in this chapter, the following definitions apply:
(a) "Obscene matter" means matter, taken as a whole, that to the
average person,...
|
California Penal Code Section 311.1
(a) Every person who knowingly sends or causes to be sent,
or brings or causes to be brought, into this state for sale or
distribution, or in this...
|
California Penal Code Section 311.2
(a) Every person who knowingly sends or causes to be sent,
or brings or causes to be brought, into this state for sale or
distribution, or in this...
|
California Penal Code Section 311.3
(a) A person is guilty of sexual exploitation of a child if
he or she knowingly develops, duplicates, prints, or exchanges any
representation of...
|
California Penal Code Section 311.4
(a) Every person who, with knowledge that a person is a
minor, or who, while in possession of any facts on the basis of which
he or she should...
|
California Penal Code Section 311.5
Every person who writes, creates, or solicits the
publication or distribution of advertising or other promotional
material, or who in any manner...
|
California Penal Code Section 311.6
Every person who knowingly engages or participates in,
manages, produces, sponsors, presents or exhibits obscene live
conduct to or before an...
|
California Penal Code Section 311.7
Every person who, knowingly, as a condition to a sale,
allocation, consignment, or delivery for resale of any paper,
magazine, book, periodical,...
|
California Penal Code Section 311.8
(a) It shall be a defense in any prosecution for a violation
of this chapter that the act charged was committed in aid of
legitimate scientific or...
|
California Penal Code Section 311.9
(a) Every person who violates subdivision (a) of Section
311.2 or Section 311.5 is punishable by fine of not more than one
thousand dollars ($1,000)...
|
California Penal Code Section 311.10
(a) Any person who advertises for sale or distribution any
obscene matter knowing that it depicts a person under the age of 18
years personally...
|
California Penal Code Section 311.11
(a) Every person who knowingly possesses or controls any
matter, representation of information, data, or image, including, but
not limited to, any...
|
California Penal Code Section 312
Upon the conviction of the accused, the court may, when the
conviction becomes final, order any matter or advertisement, in
respect whereof the...
|
California Penal Code Section 312.1
In any prosecution for a violation of the provisions of this
chapter or of Chapter 7.6 (commencing with Section 313), neither the
prosecution nor the
|
California Penal Code Section 312.3
(a) Matter that depicts a person under the age of 18 years
personally engaging in or personally simulating sexual conduct as
defined in Section 311.4
|
California Penal Code Section 312.5
If any phrase, clause, sentence, section or provision of
this chapter or application thereof to any person or circumstance is
held invalid, such...
|
California Penal Code Section 312.6
(a) It does not constitute a violation of this chapter for a
person or entity solely to provide access or connection to or from a
facility, system,...
|
California Penal Code Section 312.7
Nothing in this chapter shall be construed to apply to
interstate services or to any other activities or actions for which
states are prohibited from
|
California Penal Code Section 313
As used in this chapter:
(a) "Harmful matter" means matter, taken as a whole, which to the
average person, applying contemporary statewide...
|
California Penal Code Section 313.1
(a) Every person who, with knowledge that a person is a
minor, or who fails to exercise reasonable care in ascertaining the
true age of a minor,...
|
California Penal Code Section 313.2
(a) Nothing in this chapter shall prohibit any parent or
guardian from distributing any harmful matter to his child or ward or
permitting his child...
|
California Penal Code Section 313.3
It shall be a defense in any prosecution for a violation of
this chapter that the act charged was committed in aid of legitimate
scientific or...
|
California Penal Code Section 313.4
Every person who violates Section 313.1, other than
subdivision (e), is punishable by fine of not more than two thousand
dollars ($2,000), by...
|
California Penal Code Section 313.5
If any phrase, clause, sentence, section or provision of
this chapter or application thereof to any person or circumstance is
held invalid, such...
|
California Penal Code Section 314
Every person who willfully and lewdly, either:
1. Exposes his person, or the private parts thereof, in any
public place, or in any place where...
|
California Penal Code Section 315
Every person who keeps a house of ill-fame in this state,
resorted to for the purposes of prostitution or lewdness, or who
willfully resides in such...
|
California Penal Code Section 316
Every person who keeps any disorderly house, or any house for
the purpose of assignation or prostitution, or any house of public
resort, by which the
|
California Penal Code Section 318
Whoever, through invitation or device, prevails upon any
person to visit any room, building, or other places kept for the
purpose of illegal gambling
|
California Penal Code Section 318.5
(a) Nothing in this code shall invalidate an ordinance of,
or be construed to prohibit the adoption of an ordinance by, a county
or city, if that...
|
California Penal Code Section 318.6
(a) Nothing in this code shall invalidate an ordinance of,
or be construed to prohibit the adoption of an ordinance by, a city
or county, if that...
|
California Penal Code Section 319
A lottery is any scheme for the disposal or distribution of
property by chance, among persons who have paid or promised to pay
any valuable...
|
California Penal Code Section 319.3
(a) In addition to Section 319, a lottery also shall include
a grab bag game which is a scheme whereby, for the disposal or
distribution of sports...
|
California Penal Code Section 319.5
Neither this chapter nor Chapter 10 (commencing with Section
330) applies to the possession or operation of a reverse vending
machine. As used in...
|
California Penal Code Section 320
Every person who contrives, prepares, sets up, proposes, or
draws any lottery, is guilty of a misdemeanor.
|
California Penal Code Section 320.5
(a) Nothing in this chapter applies to any raffle conducted
by an eligible organization as defined in subdivision (c) for the
purpose of directly...
|
California Penal Code Section 321
Every person who sells, gives, or in any manner whatever,
furnishes or transfers to or for any other person any ticket, chance,
share, or interest,...
|
California Penal Code Section 322
Every person who aids or assists, either by printing, writing,
advertising, publishing, or otherwise in setting up, managing, or
drawing any lottery,
|
California Penal Code Section 323
Every person who opens, sets up, or keeps, by himself or by
any other person, any office or other place for the sale of, or for
registering the...
|
California Penal Code Section 324
Every person who insures or receives any consideration for
insuring for or against the drawing of any ticket in any lottery
whatever, whether drawn...
|
California Penal Code Section 325
All moneys and property offered for sale or distribution in
violation of any of the provisions of this chapter are forfeited to
the state, and may be
|
California Penal Code Section 326
Every person who lets, or permits to be used, any building or
vessel, or any portion thereof, knowing that it is to be used for
setting up, managing,
|
California Penal Code Section 326.3
(a) The Legislature finds and declares all of the following:
(1) Nonprofit organizations provide important and essential
educational,...
|
California Penal Code Section 326.4
326.4. (a) Consistent with the Legislature's finding that
card-minding devices, as described in subdivision (p) of Section
326.5, are the only...
|
California Penal Code Section 326.45
Up to five hundred thousand dollars ($500,000), as
determined by order of the Director of Finance, is hereby
appropriated from the California Bingo...
|
California Penal Code Section 326.5
(a) Neither the prohibition on gambling in this chapter nor
in Chapter 10 (commencing with Section 330) applies to any bingo game
that is conducted...
|
California Penal Code Section 327
Every person who contrives, prepares, sets up, proposes, or
operates any endless chain is guilty of a public offense, and is
punishable by...
|
California Penal Code Section 328
Nothing in this chapter shall make unlawful the printing or
other production of any advertisements for, or any ticket, chance, or
share in a lottery...
|
California Penal Code Section 329
Upon a trial for the violation of any of the provisions of
this chapter, it is not necessary to prove the existence of any
lottery in which any...
|
California Penal Code Section 330
Every person who deals, plays, or carries on, opens, or causes
to be opened, or who conducts, either as owner or employee, whether
for hire or not,...
|
California Penal Code Section 330a
Every person, who has in his possession or under his control,
either as owner, lessee, agent, employee, mortgagee, or otherwise,
or who permits to...
|
California Penal Code Section 330b
(a) It is unlawful for any person to manufacture, repair,
own, store, possess, sell, rent, lease, let on shares, lend or give
away, transport, or...
|
California Penal Code Section 330c
A punchboard as hereinafter defined is hereby declared to be
a slot machine or device within the meaning of Section 330b of this
code and shall be...
|
California Penal Code Section 330.1
Every person who manufactures, owns, stores, keeps,
possesses, sells, rents, leases, lets on shares, lends or gives
away, transports or exposes for...
|
California Penal Code Section 330.2
As used in Sections 330.1 to 330.5, inclusive, of this code
a "thing of value" is defined to be any money, coin, currency, check,
chip, allowance,...
|
California Penal Code Section 330.3
In addition to any other remedy provided by law any slot
machine or device may be seized by any of the officers designated by
Sections 335 and 335a...
|
California Penal Code Section 330.4
It is specifically declared that the mere possession or
control, either as owner, lessee, agent, employee, mortgagor, or
otherwise of any slot...
|
California Penal Code Section 330.5
It is further expressly provided that Sections 330.1 to
330.4, inclusive, of this code shall not apply to music machines,
weighing machines and...
|
California Penal Code Section 330.6
The provisions of Sections 330.1 to 330.5, inclusive, of
this code, with respect to owning, storing, keeping, possessing, or
transporting any slot...
|
California Penal Code Section 330.7
(a) It shall be a defense to any prosecution under this
chapter relating to slot machines, as defined in subdivision (d) of
Section 330b, if the...
|
California Penal Code Section 330.8
Notwithstanding Sections 330a, 330b, and 330.1 to 330.5,
inclusive, the sale, transportation, storage, and manufacture of
gambling devices, as...
|
California Penal Code Section 330.9
(a) Notwithstanding Sections 330a, 330b, 330.1 to 330.5,
inclusive, or any other provision of law, it shall be lawful for any
person to transport and
|
California Penal Code Section 330.11
"Banking game" or "banked game" does not include a
controlled game if the published rules of the game feature a
player-dealer position and provide...
|
California Penal Code Section 331
Every person who knowingly permits any of the games mentioned
in Sections 330 and 330a to be played, conducted, or dealt in any
house owned or rented
|
California Penal Code Section 332
(a) Every person who by the game of "three card monte,"
so-called, or any other game, device, sleight of hand, pretensions to
fortune telling, trick,
|
California Penal Code Section 333
Every person duly summoned as a witness for the prosecution,
on any proceedings had under this Chapter, who neglects or refuses to
attend, as...
|
California Penal Code Section 334
(a) Every person who owns or operates any concession, and who
fraudulently obtains money from another by means of any hidden
mechanical device or...
|
California Penal Code Section 335
Every district attorney, sheriff, or police officer must
inform against and diligently prosecute persons whom they have
reasonable cause to believe...
|
California Penal Code Section 335a
In addition to any other remedy provided by law any machine
or other device the possession or control of which is penalized by
the laws of this State
|
California Penal Code Section 336
Every owner, lessee, or keeper of any house used in whole, or
in part, as a saloon or drinking place, who knowingly permits any
person under 18 years
|
California Penal Code Section 336.5
Gaming chips may be used on the gaming floor by a patron of
a gambling establishment, as defined in subdivision (m) of Section
19805 of the Business...
|
California Penal Code Section 337
Every state, county, city, city and county, town, or judicial
district officer, or other person who shall ask for, receive, or
collect any money, or...
|
California Penal Code Section 337a
(a) Every person who engages in one of the following
offenses, shall be punished for a first offense by imprisonment in a
county jail for a period of
|
California Penal Code Section 337b
Any person who gives, or offers or promises to give, or
attempts to give or offer, any money, bribe, or thing of value, to
any participant or player,
|
California Penal Code Section 337c
Any person who accepts, or attempts to accept, or offers to
accept, or agrees to accept, any money, bribe or thing of value,
with the intention or...
|
California Penal Code Section 337d
Any person who gives, offers to give, promises to give, or
attempts to give, any money, bribe, or thing of value to any person
who is umpiring,...
|
California Penal Code Section 337e
Any person who as umpire, manager, director, referee,
supervisor, judge, presiding officer or official receives or agrees
to receive, or attempts to...
|
California Penal Code Section 337f
(a) Any person who does any of the following is punishable by
a fine not exceeding five thousand dollars ($5,000), or by
imprisonment in the state...
|
California Penal Code Section 337g
The possession, transport or use of any local anaesthetic of
the cocaine group, including but not limited to natural or synthetic
drugs of this...
|
California Penal Code Section 337h
Any person who, except for medicinal purposes, administers
any poison, drug, medicine, or other noxious substance, to any horse,
stud, mule, ass,...
|
California Penal Code Section 337i
Every person who knowingly transmits information as to the
progress or results of a horserace, or information as to wagers,
betting odds, changes in...
|
California Penal Code Section 337j
(a) It is unlawful for any person, as owner, lessee, or
employee, whether for hire or not, either solely or in conjunction
with others, to do any of...
|
California Penal Code Section 337k
(a) It is unlawful for any person to advertise, or to
facilitate the advertisement of, nonparimutuel wagering on horse
races.
(b) Violation of...
|
California Penal Code Section 337s
(a) This section applies only in counties with a population
exceeding 4,000,000.
(b) Every person who deals, plays, or carries on, opens, or...
|
California Penal Code Section 337t
The following definitions govern the construction of this
section and Sections 337u, 337w, 337x, and 337y:
(a) "Associated equipment" means any...
|
California Penal Code Section 337u
It is unlawful for any person to commit any of the following
acts:
(a) To alter or misrepresent the outcome of a gambling game or
other event on...
|
California Penal Code Section 337v
It is unlawful for any person at a gambling establishment to
use, or to possess with the intent to use, any device to assist in
any of the...
|
California Penal Code Section 337w
(a) It is unlawful for any person to use counterfeit chips,
counterfeit debit instruments, or other counterfeit wagering
instruments in a gambling...
|
California Penal Code Section 337x
It is unlawful to cheat at any gambling game in a gambling
establishment.
|
California Penal Code Section 337y
It is unlawful to do either of the following:
(a) Manufacture, sell, or distribute any cards, chips, dice, game,
or device which is intended to be
|
California Penal Code Section 337z
(a) Any person who violates Section 337u, 337v, 337w, 337x,
or 337y shall be punished as follows:
(1) For the first violation, by imprisonment in...
|
California Penal Code Section 337.1
Any person, who knowingly and designedly by false
representation attempts to, or does persuade, procure or cause
another person to wager on a horse...
|
California Penal Code Section 337.2
Any person who is a tout, or who attempts or conspires to
commit touting, is guilty of a misdemeanor and is punishable by a
fine of not more than...
|
California Penal Code Section 337.3
Any person who in the commission of touting falsely uses the
name of any official of the California Horse Racing Board, its
inspectors or attaches,...
|
California Penal Code Section 337.4
Any person who in the commission of touting obtains money in
excess of four hundred dollars ($400) may, in addition to being
prosecuted for the...
|
California Penal Code Section 337.5
Any person who has been convicted of touting, and the record
of whose conviction on such charge is on file in the office of the
California Horse...
|
California Penal Code Section 337.6
Any credential or license issued by the California Horse
Racing Board to licensees, if used by the holder thereof for a
purpose other than...
|
California Penal Code Section 337.7
Any person other than the lawful holder thereof who has in
his possession any credential or license issued by the California
Horse Racing Board to...
|
California Penal Code Section 337.8
Any person who uses any credential, other than a credential
or license issued by the California Horse Racing Board, for the
purpose of touting is...
|
California Penal Code Section 337.9
The secretary and chief investigator of the California Horse
Racing Board shall coordinate a policy for the enforcement of this
chapter with all...
|
California Penal Code Section 343
Every person who purchases gold bullion, gold bars or gold
quartz or mineral containing gold, who fails, refuses, or neglects to
produce for...
|
California Penal Code Section 346
Any person who, without the written permission of the owner or
operator of the property on which an entertainment event is to be
held or is being...
|
California Penal Code Section 347
(a) (1) Every person who willfully mingles any poison or
harmful substance with any food, drink, medicine, or pharmaceutical
product or who willfully
|
California Penal Code Section 347b
It shall be unlawful for any person, firm or corporation to
manufacture, sell, furnish, or give away, or offer to manufacture,
sell, furnish, or give
|
California Penal Code Section 350
(a) Any person who willfully manufactures, intentionally
sells, or knowingly possesses for sale any counterfeit mark
registered with the Secretary of
|
California Penal Code Section 351a
Any person who sells, attempts to sell, offers for sale or
assists in the sale of any goods, product or output, and who
willfully and falsely...
|
California Penal Code Section 355
Every person who defaces or obliterates the marks upon wrecked
property, or in any manner disguises the appearance thereof, with
intent to prevent...
|
California Penal Code Section 356
Every person who cuts out, alters, or defaces any mark made
upon any log, lumber, or wood, or puts a false mark thereon with
intent to prevent the...
|
California Penal Code Section 359
Every person authorized to solemnize marriage, who willfully
and knowingly solemnizes any incestuous or other marriage forbidden
by law, is...
|
California Penal Code Section 360
Every person authorized to solemnize any marriage, who
solemnizes a marriage without first being presented with the marriage
license, as required by...
|
California Penal Code Section 362
Every officer or person to whom a writ of habeas corpus may be
directed, who, after service thereof, neglects or refuses to obey
the command thereof,
|
California Penal Code Section 363
Every person who, either solely or as member of a Court,
knowingly and unlawfully recommits, imprisons, or restrains of his
liberty, for the same...
|
California Penal Code Section 364
Every person having in his custody, or under his restraint or
power, any person for whose relief a writ of habeas corpus has been
issued, who, with...
|
California Penal Code Section 365
Every person, and every agent or officer of any corporation
carrying on business as an innkeeper, or as a common carrier of
passengers, who refuses,...
|
California Penal Code Section 365.5
(a) Any blind person, deaf person, or disabled person, who
is a passenger on any common carrier, airplane, motor vehicle,
railway train, motorbus,...
|
California Penal Code Section 365.6
(a) Any person who, with no legal justification,
intentionally interferes with the use of a guide, signal, or service
dog or mobility aid by...
|
California Penal Code Section 365.7
(a) Any person who knowingly and fraudulently represents
himself or herself, through verbal or written notice, to be the owner
or trainer of any...
|
California Penal Code Section 367f
(a) Except as provided in subdivisions (d) and (e), it shall
be unlawful for any person to knowingly acquire, receive, sell,
promote the transfer of,
|
California Penal Code Section 367g
(a) It shall be unlawful for anyone to knowingly use sperm,
ova, or embryos in assisted reproduction technology, for any purpose
other than that...
|
California Penal Code Section 368
(a) The Legislature finds and declares that crimes against
elders and dependent adults are deserving of special consideration
and protection, not...
|
California Penal Code Section 369a
(a) The Legislature hereby finds and declares the following:
(1) Rail transit traffic safety programs are necessary to educate
the public about...
|
California Penal Code Section 369b
(a) This section shall only apply to counties with a
population greater than 500,000.
(b) The court may order any person convicted of a rail...
|
California Penal Code Section 369d
Any person who enters upon or crosses any railroad, at any
private passway, which is inclosed by bars or gates, and neglects to
leave the same...
|
California Penal Code Section 369g
(a) Any person who rides, drives, or propels any vehicle upon
and along the track of any railroad through or over its private
right-of-way, without...
|
California Penal Code Section 369h
Any person, partnership, firm or corporation installing,
setting up, maintaining or operating upon public or private property,
any sign or light in...
|
California Penal Code Section 369i
(a) Any person who enters or remains upon the property of any
railroad without the permission of the owner of the land, the owner'
s agent, or the...
|
California Penal Code Section 371
An act which affects an entire community or neighborhood, or
any considerable number of persons, as specified in the last section,
is not less a...
|
California Penal Code Section 372
Every person who maintains or commits any public nuisance, the
punishment for which is not otherwise prescribed, or who willfully
omits to perform...
|
California Penal Code Section 373a
Every person who maintains, permits, or allows a public
nuisance to exist upon his or her property or premises, and every
person occupying or leasing
|
California Penal Code Section 374
(a) Littering means the willful or negligent throwing,
dropping, placing, depositing, or sweeping, or causing any such acts,
of any waste matter on...
|
California Penal Code Section 374.2
(a) It is unlawful for any person to maliciously discharge,
dump, release, place, drop, pour, or otherwise deposit, or to
maliciously cause to be...
|
California Penal Code Section 374.3
(a) It is unlawful to dump or cause to be dumped waste
matter in or upon a public or private highway or road, including any
portion of the...
|
California Penal Code Section 374.4
(a) It is unlawful to litter or cause to be littered in or
upon public or private property. A person, firm, or corporation
violating this section is...
|
California Penal Code Section 374.5
(a) It is unlawful for any grease waste hauler to do either
of the following:
(1) Reinsert, deposit, dump, place, release, or discharge into a...
|
California Penal Code Section 374.7
(a) A person who litters or causes to be littered, or dumps
or causes to be dumped, waste matter into a bay, lagoon, channel,
river, creek, slough,...
|
California Penal Code Section 374.8
(a) In any prosecution under this section, proof of the
elements of the offense shall not be dependent upon the requirements
of Title 22 of the...
|
California Penal Code Section 374a
A person giving information leading to the arrest and
conviction of a person for a violation of Section 374c, 374.2, 374.3,
374.4, or 374.7 is...
|
California Penal Code Section 374c
Every person who shoots any firearm from or upon a public
road or highway is guilty of a misdemeanor.
|
California Penal Code Section 374d
Every person who knowingly allows the carcass of any dead
animal which belonged to him at the time of its death to be put, or
to remain, within 100...
|
California Penal Code Section 375
(a) It shall be unlawful to throw, drop, pour, deposit,
release, discharge or expose, or to attempt to throw, drop, pour,
deposit, release, discharge
|
California Penal Code Section 377
Every person who, in order to obtain for himself or another
any drug that can be lawfully dispensed by a pharmacist only on
prescription, falsely...
|
California Penal Code Section 379
Every person who sells, dispenses, distributes, furnishes,
administers, gives, or offers to sell, dispense, distribute, furnish,
administer, or give...
|
California Penal Code Section 380
(a) Every person who sells, dispenses or distributes toluene,
or any substance or material containing toluene, to any person who is
less than 18...
|
California Penal Code Section 381
(a) Any person who possesses toluene or any substance or
material containing toluene, including, but not limited to, glue,
cement, dope, paint...
|
California Penal Code Section 381a
Any person, or persons, whether as principals, agents,
managers, or otherwise, who buy or sell dairy products, or deal in
milk, cream or butter, and...
|
California Penal Code Section 381b
Any person who possesses nitrous oxide or any substance
containing nitrous oxide, with the intent to breathe, inhale, or
ingest for the purpose of...
|
California Penal Code Section 382
Every person who adulterates or dilutes any article of food,
drink, drug, medicine, spirituous or malt liquor, or wine, or any
article useful in...
|
California Penal Code Section 382.4
No person, other than a licensed veterinarian, shall
administer succinylcholine, also known as sucostrin, to any dog or
cat.
Violation of this...
|
California Penal Code Section 382.5
Every person who sells, dispenses, administers or prescribes
dinitrophenol for any purpose shall be guilty of a felony,
punishable by a fine not less
|
California Penal Code Section 382.6
Every person who sells, dispenses, administers or prescribes
preparations containing diphenylamine, paraphenylenediamine, or
paratoluylenediamine, or
|
California Penal Code Section 382.7
Every person who knowingly prescribes, dispenses,
administers, or furnishes any liquid silicone substance for the
purpose of injection into a human...
|
California Penal Code Section 383
Every person who knowingly sells, or keeps or offers for sale,
or otherwise disposes of any article of food, drink, drug, or
medicine, knowing that...
|
California Penal Code Section 383a
Any person, firm, or corporation, who sells or offers for
sale, or has in his or its possession for sale, any butter
manufactured by boiling,...
|
California Penal Code Section 383b
Every person who with intent to defraud, sells or exposes for
sale any meat or meat preparations, and falsely represents the same
to be kosher,...
|
California Penal Code Section 383c
Every person who with intent to defraud, sells or exposes for
sale any meat or meat preparations, and falsely represents the same
to be halal,...
|
California Penal Code Section 384
(a) Any person who shall wilfully refuse to immediately
relinquish a party line when informed that such line is needed for an
emergency call, and in...
|
California Penal Code Section 384.5
(a) (1) Any person who removes any minor forest products
from the property where the products were cut and transports the
products upon any public...
|
California Penal Code Section 384a
Every person who within the State of California willfully or
negligently cuts, destroys, mutilates, or removes any tree or shrub,
or fern or herb or...
|
California Penal Code Section 384b
For the purposes of Sections 384c through 384f, inclusive,
unless the context otherwise requires, the definitions contained in
this section govern...
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California Penal Code Section 384c
Persons purchasing trees, shrubs, or boughs from harvesters
thereof shall not transport more than five trees or more than five
pounds of shrubs or...
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California Penal Code Section 384d
Upon the filing of an application containing the information
required by Section 384c, and the presentation of a permit or proof
of ownership as...
|
California Penal Code Section 384e
(a) The transportation tag described in Section 384d shall be
presented to any peace officer upon demand.
(b) Failure to produce a transportation...
|
California Penal Code Section 384f
Any person violating any of the provisions of Sections 384b
through 384f shall be guilty of a misdemeanor and upon conviction
thereof shall be...
|
California Penal Code Section 384h
Every person who willfully or negligently, while hunting upon
the inclosed lands of another, kills, maims, or wounds an animal,
the property of...
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California Penal Code Section 384i
(a) Sections 384a to 384f, inclusive, shall not apply to
maintenance and construction activities of public agencies and their
employees.
(b)...
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California Penal Code Section 385
(a) The term "high voltage" as used in this section means a
voltage in excess of 750 volts, measured between conductors or
measured between the...
|
California Penal Code Section 386
(a) Any person who willfully or maliciously constructs or
maintains a fire-protection system in any structure with the intent
to install a fire...
|
California Penal Code Section 387
(a) Any corporation, limited liability company, or person who
is a manager with respect to a product, facility, equipment, process,
place of...
|
California Penal Code Section 395
Every person who willfully makes or publishes any false
statement, spreads any false rumor, or employs any other false or
fraudulent means or device,
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California Penal Code Section 396
(a) The Legislature hereby finds that during emergencies and
major disasters, including, but not limited to, earthquakes, fires,
floods, or civil...
|
California Penal Code Section 396.5
It shall be unlawful for any retail food store or wholesale
food concern, as defined in Section 3(k) of the federal Food Stamp
Act of 1977 (Public...
|
California Penal Code Section 397
Every person who sells or furnishes, or causes to be sold or
furnished, intoxicating liquors to any habitual or common drunkard,
or to any person who
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California Penal Code Section 398
(a) If a person owning or having custody or control of an
animal knows, or has reason to know, that the animal bit another
person, he or she shall,...
|
California Penal Code Section 399
(a) If any person owning or having custody or control of a
mischievous animal, knowing its propensities, willfully suffers it to
go at large, or...
|
California Penal Code Section 399.5
(a) Any person owning or having custody or control of a dog
trained to fight, attack, or kill is guilty of a felony or a
misdemeanor, punishable by...
|
California Penal Code Section 401
Every person who deliberately aids, or advises, or encourages
another to commit suicide, is guilty of a felony.
|
California Penal Code Section 402
(a) Every person who goes to the scene of an emergency, or
stops at the scene of an emergency, for the purpose of viewing the
scene or the activities
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California Penal Code Section 402a
Every person who adulterates candy by using in its
manufacture terra alba or other deleterious substances, or who sells
or keeps for sale any candy...
|
California Penal Code Section 402b
Any person who discards or abandons or leaves in any place
accessible to children any refrigerator, icebox, deep-freeze locker,
clothes dryer,...
|
California Penal Code Section 402c
On and after January 1, 1970, any person who sells a new
refrigerator, icebox, or deep-freeze locker not equipped with an
integral lock in this...
|
California Penal Code Section 403
Every person who, without authority of law, willfully disturbs
or breaks up any assembly or meeting that is not unlawful in its
character, other than
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California Penal Code Section 404
(a) Any use of force or violence, disturbing the public peace,
or any threat to use force or violence, if accompanied by immediate
power of...
|
California Penal Code Section 404.6
(a) Every person who with the intent to cause a riot does an
act or engages in conduct that urges a riot, or urges others to
commit acts of force or...
|
California Penal Code Section 405
Every person who participates in any riot is punishable by a
fine not exceeding one thousand dollars, or by imprisonment in a
county jail not...
|
California Penal Code Section 405a
The taking by means of a riot of any person from the lawful
custody of any peace officer is a lynching.
|
California Penal Code Section 405b
Every person who participates in any lynching is punishable
by imprisonment in the state prison for two, three or four years.
|
California Penal Code Section 406
Whenever two or more persons, assembled and acting together,
make any attempt or advance toward the commission of an act which
would be a riot if...
|
California Penal Code Section 407
Whenever two or more persons assemble together to do an
unlawful act, or do a lawful act in a violent, boisterous, or
tumultuous manner, such...
|
California Penal Code Section 408
Every person who participates in any rout or unlawful assembly
is guilty of a misdemeanor.
|
California Penal Code Section 409
Every person remaining present at the place of any riot, rout,
or unlawful assembly, after the same has been lawfully warned to
disperse, except...
|
California Penal Code Section 409.3
Whenever law enforcement officers and emergency medical
technicians are at the scene of an accident, management of the scene
of the accident shall be
|
California Penal Code Section 409.5
(a) Whenever a menace to the public health or safety is
created by a calamity including a flood, storm, fire, earthquake,
explosion, accident, or...
|
California Penal Code Section 409.6
(a) Whenever a menace to the public health or safety is
created by an avalanche, officers of the Department of the California
Highway Patrol, police...
|
California Penal Code Section 410
If a magistrate or officer, having notice of an unlawful or
riotous assembly, mentioned in this Chapter, neglects to proceed to
the place of...
|
California Penal Code Section 412
Any person, who, within this state, engages in, or instigates,
aids, encourages, or does any act to further, a pugilistic contest,
or fight, or ring...
|
California Penal Code Section 413
Every person wilfully present as spectator at any fight or
contention prohibited in the preceding section, is guilty of a
misdemeanor.
An...
|
California Penal Code Section 414
Every person who leaves this state with intent to evade any of
the provisions of Section 412 or 413, and to commit any act out of
this state such as...
|
California Penal Code Section 414a
No person, otherwise competent as a witness, is disqualified
from testifying as such, concerning any offense under this act, on
the ground that such...
|
California Penal Code Section 415
Any of the following persons shall be punished by imprisonment
in the county jail for a period of not more than 90 days, a fine of
not more than four
|
California Penal Code Section 415.5
(a) Any person who (1) unlawfully fights within any building
or upon the grounds of any school, community college, university, or
state university ...
|
California Penal Code Section 416
(a) If two or more persons assemble for the purpose of
disturbing the public peace, or committing any unlawful act, and do
not disperse on being...
|
California Penal Code Section 417
(a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly weapon
whatsoever, other than a...
|
California Penal Code Section 417.25
(a) Every person who, except in self-defense, aims or
points a laser scope, as defined in subdivision (b), or a laser
pointer, as defined in...
|
California Penal Code Section 417.26
(a) Any person who aims or points a laser scope as defined
in subdivision (b) of Section 417.25, or a laser pointer, as defined
in subdivision (c) of
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California Penal Code Section 417.27
(a) No person, corporation, firm, or business entity of any
kind shall knowingly sell a laser pointer to a person 17 years of
age or younger, unless...
|
California Penal Code Section 417.3
Every person who, except in self-defense, in the presence of
any other person who is an occupant of a motor vehicle proceeding on
a public street or...
|
California Penal Code Section 417.4
Every person who, except in self-defense, draws or exhibits
an imitation firearm, as defined in Section 12550, in a threatening
manner against...
|
California Penal Code Section 417.6
(a) If, in the commission of a violation of Section 417 or
417.8, serious bodily injury is intentionally inflicted by the person
drawing or...
|
California Penal Code Section 417.8
Every person who draws or exhibits any firearm, whether
loaded or unloaded, or other deadly weapon, with the intent to resist
or prevent the arrest...
|
California Penal Code Section 418
Every person using or procuring, encouraging or assisting
another to use, any force or violence in entering upon or detaining
any lands or other...
|
California Penal Code Section 419
Every person who has been removed from any lands by process of
law, or who has removed from any lands pursuant to the lawful
adjudication or...
|
California Penal Code Section 420
Every person who unlawfully prevents, hinders, or obstructs
any person from peaceably entering upon or establishing a settlement
or residence on any...
|
California Penal Code Section 420.1
Anyone who willfully and knowingly prevents, hinders, or
obstructs any person from entering, passing over, or leaving land in
which that person...
|
California Penal Code Section 422
Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent...
|
California Penal Code Section 422.1
Every person who is convicted of a felony violation of
Section 148.1 or 11418.1, under circumstances in which the defendant
knew the underlying...
|
California Penal Code Section 422.4
(a) Any person who publishes information describing or
depicting an academic researcher or his or her immediate family
member, or the location or...
|
California Penal Code Section 422.55
For purposes of this title, and for purposes of all other
state law unless an explicit provision of law or the context clearly
requires a different...
|
California Penal Code Section 422.56
For purposes of this title, the following definitions shall
apply:
(a) "Association with a person or group with these actual or
perceived...
|
California Penal Code Section 422.57
For purposes this code, unless an explicit provision of law
or the context clearly requires a different meaning, "gender" has
the same meaning as in...
|
California Penal Code Section 422.6
(a) No person, whether or not acting under color of law,
shall by force or threat of force, willfully injure, intimidate,
interfere with, oppress, or
|
California Penal Code Section 422.7
Except in the case of a person punished under Section 422.6,
any hate crime that is not made punishable by imprisonment in the
state prison shall be...
|
California Penal Code Section 422.75
(a) Except in the case of a person punished under Section
422.7, a person who commits a felony that is a hate crime or attempts
to commit a felony...
|
California Penal Code Section 422.76
Except where the court imposes additional punishment under
Section 422.75 or in a case in which the person has been convicted of
an offense subject...
|
California Penal Code Section 422.77
(a) Any willful and knowing violation of any order issued
pursuant to subdivision (a) or (b) of Section 52.1 of the Civil Code
shall be a misdemeanor
|
California Penal Code Section 422.78
The prosecuting agency of each county shall have the
primary responsibility for the enforcement of orders issued pursuant
to this title or Section...
|
California Penal Code Section 422.8
Except as otherwise required by law, nothing in this title
shall be construed to prevent or limit the prosecution of any person
pursuant to any...
|
California Penal Code Section 422.85
(a) In the case of any person who is convicted of any
offense against the person or property of another individual, private
institution, or public...
|
California Penal Code Section 422.86
(a) It is the public policy of this state that the
principal goals of sentencing for hate crimes, are the following:
(1) Punishment for the hate...
|
California Penal Code Section 422.865
(a) In the case of any person who is committed to a state
hospital or other treatment facility under the provisions of Section
1026 for any offense...
|
California Penal Code Section 422.88
(a) The court in which a criminal proceeding stemming from
a hate crime or alleged hate crime is filed shall take all actions
reasonably required,...
|
California Penal Code Section 422.89
It is the intent of the Legislature to encourage counties,
cities, law enforcement agencies, and school districts to establish
education and training
|
California Penal Code Section 422.9
All state and local agencies shall use the definition of
"hate crime" set forth in subdivision (a) of Section 422.55
exclusively, except as other...
|
California Penal Code Section 422.91
The Department of Corrections and the California Youth
Authority, subject to available funding, shall do each of the
following:
(a) Cooperate...
|
California Penal Code Section 422.92
(a) Every state and local law enforcement agency in this
state shall make available a brochure on hate crimes to victims of
these crimes and the...
|
California Penal Code Section 422.93
(a) It is the public policy of this state to protect the
public from crime and violence by encouraging all persons who are
victims of or witnesses to
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California Penal Code Section 423
This title shall be known and may be cited as the California
Freedom of Access to Clinic and Church Entrances Act, or the
California FACE Act.
|
California Penal Code Section 423.1
The following definitions apply for the purposes of this
title:
(a) "Crime of violence" means an offense that has as an element
the use, attempted
|
California Penal Code Section 423.2
Every person who, except a parent or guardian acting towards
his or her minor child or ward, commits any of the following acts
shall be subject to...
|
California Penal Code Section 423.3
(a) A first violation of subdivision (c) or (d) of Section
423.2 is a misdemeanor, punishable by imprisonment in a county jail
for a period of not...
|
California Penal Code Section 423.4
(a) A person aggrieved by a violation of Section 423.2 may
bring a civil action to enjoin the violation, for compensatory and
punitive damages, and...
|
California Penal Code Section 423.5
(a) (1) The court in which a criminal or civil proceeding is
filed for a violation of subdivision (a), (c), or (e) of Section
423.2 shall take all...
|
California Penal Code Section 423.6
This title shall not be construed for any of the following
purposes:
(a) To impair any constitutionally protected activity, or any
activity...
|
California Penal Code Section 424
(a) Each officer of this state, or of any county, city, town,
or district of this state, and every other person charged with the
receipt,...
|
California Penal Code Section 425
Every officer charged with the receipt, safe keeping, or
disbursement of public moneys, who neglects or fails to keep and pay
over the same in the...
|
California Penal Code Section 426
The phrase "public moneys," as used in Sections 424 and 425,
includes all bonds and evidence of indebtedness, and all moneys
belonging to the state,...
|
California Penal Code Section 428
Every person who willfully obstructs or hinders any public
officer from collecting any revenue, taxes, or other sums of money in
which the people of...
|
California Penal Code Section 429
Any provider of telecommunications services in this state that
intentionally fails to collect or remit, as may be required, the
annual fee imposed...
|
California Penal Code Section 431
Every person who uses or gives any receipt, except that
prescribed by law, as evidence of the payment of any poll tax, road
tax, or license of any...
|
California Penal Code Section 432
Every person who has in his possession, with intent to
circulate or sell, any blank licenses or poll tax receipts other than
those furnished by the...
|
California Penal Code Section 436
Every person who acts as an auctioneer in violation of the
laws of this State relating to auctions and auctioneers, is guilty of
a misdemeanor.
|
California Penal Code Section 439
Every person who in this State procures, or agrees to procure,
any insurance for a resident of this State, from any insurance
company not...
|
California Penal Code Section 440
Every officer charged with the collection, receipt, or
disbursement of any portion of the revenue of this State, who, upon
demand, fails or refuses...
|
California Penal Code Section 450
In this chapter, the following terms have the following
meanings:
(a) "Structure" means any building, or commercial or public tent,
bridge,...
|
California Penal Code Section 451
A person is guilty of arson when he or she willfully and
maliciously sets fire to or burns or causes to be burned or who aids,
counsels, or procures...
|
California Penal Code Section 451.1
(a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 451 shall be punished by a
three-, four-, or...
|
California Penal Code Section 451.5
(a) Any person who willfully, maliciously, deliberately,
with premeditation, and with intent to cause injury to one or more
persons or to cause...
|
California Penal Code Section 452
A person is guilty of unlawfully causing a fire when he
recklessly sets fire to or burns or causes to be burned, any
structure, forest land or...
|
California Penal Code Section 452.1
(a) Notwithstanding any other law, any person who is
convicted of a felony violation of Section 452 shall be punished by a
one-, two-, or three-year...
|
California Penal Code Section 453
(a) Every person who possesses, manufactures, or disposes of
any flammable, or combustible material or substance, or any
incendiary device in an...
|
California Penal Code Section 454
(a) Every person who violates Section 451 or 452 during and
within an area of any of the following, when proclaimed by the
Governor, shall be...
|
California Penal Code Section 455
Any person who willfully and maliciously attempts to set fire
to or attempts to burn or to aid, counsel or procure the burning of
any structure,...
|
California Penal Code Section 456
(a) Upon conviction for any felony violation of this chapter,
in addition to the penalty prescribed, the court may impose a fine
not to exceed fifty...
|
California Penal Code Section 457
Upon conviction of any person for a violation of any provision
of this chapter, the court may order that such person, for the
purpose of sentencing,...
|
California Penal Code Section 457.1
(a) As used in this section, "arson" means a violation of
Section 451, 451.5, or 453, and attempted arson, which includes, but
is not limited to, a...
|
California Penal Code Section 458
As used in this chapter, the term "cargo container" means a
receptacle with all of the following characteristics:
(a) Of a permanent character and
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California Penal Code Section 459
Every person who enters any house, room, apartment, tenement,
shop, warehouse, store, mill, barn, stable, outhouse or other
building, tent, vessel,...
|
California Penal Code Section 460
(a) Every burglary of an inhabited dwelling house, vessel, as
defined in the Harbors and Navigation Code, which is inhabited and
designed for...
|
California Penal Code Section 461
Burglary is punishable as follows:
1. Burglary in the first degree: by imprisonment in the state
prison for two, four, or six years.
2....
|
California Penal Code Section 462
(a) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to
|
California Penal Code Section 462.5
(a) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to
|
California Penal Code Section 463
(a) Every person who violates Section 459, punishable as a
second-degree burglary pursuant to subdivision 2 of Section 461,
during and within an...
|
California Penal Code Section 464
Any person who, with intent to commit crime, enters, either by
day or by night, any building, whether inhabited or not, and opens
or attempts to open
|
California Penal Code Section 466
Every person having upon him or her in his or her possession a
picklock, crow, keybit, crowbar, screwdriver, vise grip pliers,
water-pump pliers,...
|
California Penal Code Section 466.1
Any person who knowingly and willfully sells or provides a
lock pick, a tension bar, a lock pick gun, a tubular lock pick, or a
floor-safe door...
|
California Penal Code Section 466.3
(a) Whoever possesses a key, tool, instrument, explosive, or
device, or a drawing, print, or mold of a key, tool, instrument,
explosive, or device,...
|
California Penal Code Section 466.5
(a) Every person who, with the intent to use it in the
commission of an unlawful act, possesses a motor vehicle master key
or a motor vehicle wheel...
|
California Penal Code Section 466.6
(a) Any person who makes a key capable of operating the
ignition of a motor vehicle or personal property registered under the
Vehicle Code for...
|
California Penal Code Section 466.7
Every person who, with the intent to use it in the
commission of an unlawful act, possesses a motor vehicle key with
knowledge that such key was made
|
California Penal Code Section 466.8
(a) Any person who knowingly and willfully makes a key
capable of opening any door or other means of entrance to any
residence or commercial...
|
California Penal Code Section 466.9
(a) Every person who possesses a code grabbing device, with
the intent to use it in the commission of an unlawful act, is guilty
of a misdemeanor.
|
California Penal Code Section 468
Any person who knowingly buys, sells, receives, disposes of,
conceals, or has in his possession a sniperscope shall be guilty of a
misdemeanor,...
|
California Penal Code Section 469
Any person who knowingly makes, duplicates, causes to be
duplicated, or uses, or attempts to make, duplicate, cause to be
duplicated, or use, or has...
|
California Penal Code Section 470
(a) Every person who, with the intent to defraud, knowing that
he or she has no authority to do so, signs the name of another
person or of a...
|
California Penal Code Section 470a
Every person who alters, falsifies, forges, duplicates or in
any manner reproduces or counterfeits any driver's license or
identification card issued
|
California Penal Code Section 470b
Every person who displays or causes or permits to be
displayed or has in his possession any driver's license or
identification card of the type...
|
California Penal Code Section 471
Every person who, with intent to defraud another, makes,
forges, or alters any entry in any book of records, or any instrument
purporting to be any...
|
California Penal Code Section 471.5
Any person who alters or modifies the medical record of any
person, with fraudulent intent, or who, with fraudulent intent,
creates any false medical
|
California Penal Code Section 472
Every person who, with intent to defraud another, forges, or
counterfeits the seal of this State, the seal of any public officer
authorized by law,...
|
California Penal Code Section 473
Forgery is punishable by imprisonment in the state prison, or
by imprisonment in the county jail for not more than one year.
|
California Penal Code Section 474
Every person who knowingly and willfully sends by telegraph or
telephone to any person a false or forged message, purporting to be
from a telegraph...
|
California Penal Code Section 475
(a) Every person who possesses or receives, with the intent to
pass or facilitate the passage or utterance of any forged, altered,
or counterfeit...
|
California Penal Code Section 476
Every person who makes, passes, utters, or publishes, with
intent to defraud any other person, or who, with the like intent,
attempts to pass, utter,
|
California Penal Code Section 476a
(a) Any person who for himself or as the agent or
representative of another or as an officer of a corporation,
willfully, with intent to defraud,...
|
California Penal Code Section 477
Every person who counterfeits any of the species of gold or
silver coin current in this State, or any kind or species of gold
dust, gold or silver...
|
California Penal Code Section 478
Counterfeiting is punishable by imprisonment in the state
prison for two, three or four years.
|
California Penal Code Section 479
Every person who has in his possession, or receives for any
other person, any counterfeit gold or silver coin of the species
current in this state,...
|
California Penal Code Section 480
(a) Every person who makes, or knowingly has in his or her
possession any die, plate, or any apparatus, paper, metal, machine,
or other thing...
|
California Penal Code Section 481
Every person who counterfeits, forges, or alters any ticket,
check, order, coupon, receipt for fare, or pass, issued by any
railroad or steamship...
|
California Penal Code Section 481.1
(a) Every person who counterfeits, forges, or alters any
fare media designed to entitle the holder to a ride on vehicles of a
public transportation...
|
California Penal Code Section 482
Every person who, for the purpose of restoring to its original
appearance and nominal value in whole or in part, removes, conceals,
fills up, or...
|
California Penal Code Section 483
Except as otherwise provided in Section 26002.5 of the
Government Code and Sections 40180.5 and 99151 of the Public
Utilities Code, any person, firm,
|
California Penal Code Section 483.5
(a) No deceptive identification document shall be
manufactured, sold, offered for sale, furnished, offered to be
furnished, transported, offered to...
|
California Penal Code Section 484
(a) Every person who shall feloniously steal, take, carry,
lead, or drive away the personal property of another, or who shall
fraudulently...
|
California Penal Code Section 484.1
(a) Any person who knowingly gives false information or
provides false verification as to the person's true identity or as to
the person's ownership...
|
California Penal Code Section 484b
Any person who receives money for the purpose of obtaining or
paying for services, labor, materials or equipment and willfully
fails to apply such...
|
California Penal Code Section 484c
Any person who submits a false voucher to obtain construction
loan funds and does not use the funds for the purpose for which the
claim was submitted
|
California Penal Code Section 484d
As used in this section and Sections 484e to 484j, inclusive:
(1) "Cardholder" means any person to whom an access card is issued
or any person...
|
California Penal Code Section 484e
(a) Every person who, with intent to defraud, sells,
transfers, or conveys, an access card, without the cardholder's or
issuer's consent, is guilty...
|
California Penal Code Section 484f
(a) Every person who, with the intent to defraud, designs,
makes, alters, or embosses a counterfeit access card or utters or
otherwise attempts to...
|
California Penal Code Section 484g
Every person who, with the intent to defraud, (a) uses, for
the purpose of obtaining money, goods, services, or anything else of
value, an access...
|
California Penal Code Section 484h
Every retailer or other person who, with intent to defraud:
(a) Furnishes money, goods, services or anything else of value
upon presentation of an
|
California Penal Code Section 484i
(a) Every person who possesses an incomplete access card,
with intent to complete it without the consent of the issuer, is
guilty of a misdemeanor.
|
California Penal Code Section 484j
Any person who publishes the number or code of an existing,
canceled, revoked, expired or nonexistent access card, personal
identification number,...
|
California Penal Code Section 485
One who finds lost property under circumstances which give him
knowledge of or means of inquiry as to the true owner, and who
appropriates such...
|
California Penal Code Section 486
Theft is divided into two degrees, the first of which is
termed grand theft; the second, petty theft.
|
California Penal Code Section 487
Grand theft is theft committed in any of the following cases:
(a) When the money, labor, or real or personal property taken is
of a value...
|
California Penal Code Section 487a
(a) Every person who shall feloniously steal, take, transport
or carry the carcass of any bovine, caprine, equine, ovine, or suine
animal or of any...
|
California Penal Code Section 487b
Every person who converts real estate of the value of one
hundred dollars ($100) or more into personal property by severance
from the realty of...
|
California Penal Code Section 487c
Every person who converts real estate of the value of less
than one hundred dollars ($100) into personal property by severance
from the realty of...
|
California Penal Code Section 487d
Every person who feloniously steals, takes, and carries away,
or attempts to take, steal, and carry from any mining claim, tunnel,
sluice,...
|
California Penal Code Section 487e
Every person who feloniously steals, takes, or carries away a
dog of another which is of a value exceeding four hundred dollars
($400) is guilty of...
|
California Penal Code Section 487f
Every person who feloniously steals, takes, or carries away a
dog of another which is of a value not exceeding four hundred
dollars ($400) is guilty...
|
California Penal Code Section 487g
Every person who steals or maliciously takes or carries away
any animal of another for purposes of sale, medical research,
slaughter, or other...
|
California Penal Code Section 487h
(a) Every person who steals, takes, or carries away cargo of
another, when the cargo taken is of a value exceeding four hundred
dollars ($400),...
|
California Penal Code Section 487i
Any person who defrauds a housing program of a public housing
authority of more than four hundred dollars ($400) is guilty of
grand theft.
|
California Penal Code Section 488
Theft in other cases is petty theft.
|
California Penal Code Section 489
Grand theft is punishable as follows:
(a) When the grand theft involves the theft of a firearm, by
imprisonment in the state prison for 16 months,
|
California Penal Code Section 490
Petty theft is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or...
|
California Penal Code Section 490a
Wherever any law or statute of this state refers to or
mentions larceny, embezzlement, or stealing, said law or statute
shall hereafter be read and...
|
California Penal Code Section 490.1
(a) Petty theft, where the value of the money, labor, real
or personal property taken is of a value which does not exceed fifty
dollars ($50), may be
|
California Penal Code Section 490.5
(a) Upon a first conviction for petty theft involving
merchandise taken from a merchant's premises or a book or other
library materials taken from a...
|
California Penal Code Section 490.6
(a) A person employed by an amusement park may detain a
person for a reasonable time for the purpose of conducting an
investigation in a reasonable...
|
California Penal Code Section 490.7
(a) The Legislature finds that free newspapers provide a key
source of information to the public, in many cases providing an
important alternative to
|
California Penal Code Section 491
Dogs are personal property, and their value is to be
ascertained in the same manner as the value of other property.
|
California Penal Code Section 492
If the thing stolen consists of any evidence of debt, or other
written instrument, the amount of money due thereupon, or secured to
be paid thereby,...
|
California Penal Code Section 493
If the thing stolen is any ticket or other paper or writing
entitling or purporting to entitle the holder or proprietor thereof
to a passage upon any
|
California Penal Code Section 494
All the provisions of this Chapter apply where the property
taken is an instrument for the payment of money, evidence of debt,
public security, or...
|
California Penal Code Section 495
The provisions of this Chapter apply where the thing taken is
any fixture or part of the realty, and is severed at the time of the
taking, in the...
|
California Penal Code Section 496
(a) Every person who buys or receives any property that has
been stolen or that has been obtained in any manner constituting
theft or extortion,...
|
California Penal Code Section 496a
(a) Every person who, being a dealer in or collector of junk,
metals or secondhand materials, or the agent, employee, or
representative of such...
|
California Penal Code Section 496b
Every person who, being a dealer in or collector of
second-hand books or other literary material, or the agent, employee
or representative of such...
|
California Penal Code Section 496c
Any person who shall copy, transcribe, photograph or
otherwise make a record or memorandum of the contents of any private
and unpublished paper,...
|
California Penal Code Section 496d
(a) Every person who buys or receives any motor vehicle, as
defined in Section 415 of the Vehicle Code, any trailer, as defined
in Section 630 of the
|
California Penal Code Section 496e
Any person who buys or receives, for purposes of salvage, any
part of a fire hydrant or fire department connection, including, but
not limited to,...
|
California Penal Code Section 497
Every person who, in another state or country steals or
embezzles the property of another, or receives such property knowing
it to have been stolen...
|
California Penal Code Section 498
(a) The following definitions govern the construction of this
section:
(1) "Person" means any individual, or any partnership, firm,
association,...
|
California Penal Code Section 499
(a) Any person who, having been convicted of a previous
violation of Section 10851 of the Vehicle Code, or of subdivision (d)
of Section 487,...
|
California Penal Code Section 499b
(a) Any person who shall, without the permission of the owner
thereof, take any bicycle for the purpose of temporarily using or
operating the same,...
|
California Penal Code Section 499c
(a) As used in this section:
(1) "Access" means to approach, a way or means of approaching,
nearing, admittance to, including to instruct,...
|
California Penal Code Section 499d
Any person who operates or takes an aircraft not his own,
without the consent of the owner thereof, and with intent to either
permanently or...
|
California Penal Code Section 500
(a) Any person who receives money for the actual or purported
purpose of transmitting the same or its equivalent to foreign
countries as specified in
|
California Penal Code Section 501
Upon a trial for larceny or embezzlement of money, bank notes,
certificates of stock, or valuable securities, the allegation of the
indictment or...
|
California Penal Code Section 502
(a) It is the intent of the Legislature in enacting this
section to expand the degree of protection afforded to individuals,
businesses, and...
|
California Penal Code Section 502.01
(a) As used in this section:
(1) "Property subject to forfeiture" means any property of the
defendant that is illegal telecommunications equipment
|
California Penal Code Section 502.5
Every person who, after mortgaging or encumbering by deed of
trust any real property, and during the existence of such mortgage
or deed of trust, or...
|
California Penal Code Section 502.6
(a) Any person who knowingly, willfully, and with the intent
to defraud, possesses a scanning device, or who knowingly,
willfully, and with intent to
|
California Penal Code Section 502.7
(a) Any person who, knowingly, willfully, and with intent to
defraud a person providing telephone or telegraph service, avoids or
attempts to avoid,...
|
California Penal Code Section 502.8
(a) Any person who knowingly advertises illegal
telecommunications equipment is guilty of a misdemeanor.
(b) Any person who possesses or uses...
|
California Penal Code Section 502.9
Upon conviction of a felony violation under this chapter,
the fact that the victim was an elder or dependent person, as defined
in Section 288, shall
|
California Penal Code Section 503
Embezzlement is the fraudulent appropriation of property by a
person to whom it has been intrusted.
|
California Penal Code Section 504
Every officer of this state, or of any county, city, city and
county, or other municipal corporation or subdivision thereof, and
every deputy, clerk,
|
California Penal Code Section 504a
Every person who shall fraudulently remove, conceal or
dispose of any goods, chattels or effects, leased or let to him by
any instrument in writing,...
|
California Penal Code Section 504b
Where under the terms of a security agreement, as defined in
paragraph (73) of subdivision (a) of Section 9102 of the Commercial
Code, the debtor has
|
California Penal Code Section 505
Every carrier or other person having under his control
personal property for the purpose of transportation for hire, who
fraudulently appropriates it
|
California Penal Code Section 506
Every trustee, banker, merchant, broker, attorney, agent,
assignee in trust, executor, administrator, or collector, or person
otherwise intrusted...
|
California Penal Code Section 506a
Any person who, acting as collector, or acting in any
capacity in or about a business conducted for the collection of
accounts or debts owing by...
|
California Penal Code Section 506b
Any person who violates Section 2985.3 or 2985.4 of the Civil
Code, relating to real property sales contracts, is guilty of a
public offense...
|
California Penal Code Section 507
Every person intrusted with any property as bailee, tenant, or
lodger, or with any power of attorney for the sale or transfer
thereof, who...
|
California Penal Code Section 508
Every clerk, agent, or servant of any person who fraudulently
appropriates to his own use, or secretes with a fraudulent intent to
appropriate to his
|
California Penal Code Section 509
A distinct act of taking is not necessary to constitute
embezzlement.
|
California Penal Code Section 510
Any evidence of debt, negotiable by delivery only, and
actually executed, is the subject of embezzlement, whether it has
been delivered or issued as...
|
California Penal Code Section 511
Upon any indictment for embezzlement, it is a sufficient
defense that the property was appropriated openly and avowedly, and
under a claim of title...
|
California Penal Code Section 512
The fact that the accused intended to restore the property
embezzled, is no ground of defense or mitigation of punishment, if it
has not been...
|
California Penal Code Section 513
Whenever, prior to an information laid before a magistrate, or
an indictment found by a grand jury, charging the commission of
embezzlement, the...
|
California Penal Code Section 514
Every person guilty of embezzlement is punishable in the
manner prescribed for theft of property of the value or kind
embezzled; and where the...
|
California Penal Code Section 515
Upon conviction of a felony violation under this chapter, the
fact that the victim was an elder or dependent person, as defined in
Section 288, shall
|
California Penal Code Section 518
Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful
|
California Penal Code Section 519
Fear, such as will constitute extortion, may be induced by a
threat, either:
1. To do an unlawful injury to the person or property of the...
|
California Penal Code Section 520
Every person who extorts any money or other property from
another, under circumstances not amounting to robbery or carjacking,
by means of force, or...
|
California Penal Code Section 521
Every person who commits any extortion under color of official
right, in cases for which a different punishment is not prescribed
in this Code, is...
|
California Penal Code Section 522
Every person who, by any extortionate means, obtains from
another his signature to any paper or instrument, whereby, if such
signature were freely...
|
California Penal Code Section 523
Every person who, with intent to extort any money or other
property from another, sends or delivers to any person any letter or
other writing,...
|
California Penal Code Section 524
Every person who attempts, by means of any threat, such as is
specified in Section 519 of this code, to extort money or other
property from another...
|
California Penal Code Section 525
Upon conviction of a felony violation under this chapter, the
fact that the victim was an elder or dependent person, as defined in
Section 288, shall
|
California Penal Code Section 526
Any person, who, with intent to obtain from another person any
money, article of personal property or other thing of value,
delivers or causes to be...
|
California Penal Code Section 527
Any person who shall sell or offer for sale, print, publish,
or distribute any paper, document or written, typed or printed form,
designed or...
|
California Penal Code Section 528
Every person who falsely personates another, and in such
assumed character marries or pretends to marry, or to sustain the
marriage relation towards...
|
California Penal Code Section 529
Every person who falsely personates another in either his
private or official capacity, and in such assumed character either:
1. Becomes bail or...
|
California Penal Code Section 529a
Every person who manufactures, produces, sells, offers, or
transfers to another any document purporting to be either a
certificate of birth or...
|
California Penal Code Section 529.5
(a) Every person who manufactures, sells, offers for sale,
or transfers any document, not amounting to counterfeit, purporting
to be a...
|
California Penal Code Section 529.7
Any person who obtains, or assists another person in
obtaining, a driver's license, identification card, vehicle
registration certificate, or any...
|
California Penal Code Section 530
Every person who falsely personates another, in either his
private or official capacity, and in such assumed character receives
any money or...
|
California Penal Code Section 530.5
(a) Every person who willfully obtains personal identifying
information, as defined in subdivision (b) of Section 530.55, of
another person, and uses
|
California Penal Code Section 530.55
(a) For purposes of this chapter, "person" means a natural
person, living or deceased, firm, association, organization,
partnership, business trust,...
|
California Penal Code Section 530.6
(a) A person who has learned or reasonably suspects that his
or her personal identifying information has been unlawfully used by
another, as...
|
California Penal Code Section 530.7
(a) In order for a victim of identity theft to be included
in the data base established pursuant to subdivision (c), he or she
shall submit to the...
|
California Penal Code Section 530.8
(a) If a person discovers that an application in his or her
name for a loan, credit line or account, credit card, charge card,
public utility...
|
California Penal Code Section 531
Every person who is a party to any fraudulent conveyance of
any lands, tenements, or hereditaments, goods or chattels, or any
right or interest...
|
California Penal Code Section 531a
Every person who, with intent to defraud, knowingly executes
or procures another to execute any instrument purporting to convey
any real property, or
|
California Penal Code Section 532
(a) Every person who knowingly and designedly, by any false or
fraudulent representation or pretense, defrauds any other person of
money, labor, or...
|
California Penal Code Section 532a
(1) Any person who shall knowingly make or cause to be made,
either directly or indirectly or through any agency whatsoever, any
false statement in...
|
California Penal Code Section 532b
(a) Any person who falsely represents himself or herself as a
veteran or ex-serviceman of any war in which the United States was
engaged, in...
|
California Penal Code Section 532c
Any person, firm, corporation or copartnership who knowingly
and designedly offers or gives with winning numbers at any drawing of
numbers or with...
|
California Penal Code Section 532d
(a) Any person who solicits or attempts to solicit or
receives money or property of any kind for a charitable, religious or
eleemosynary purpose and...
|
California Penal Code Section 532e
Any person who receives money for the purpose of obtaining or
paying for services, labor, materials or equipment incident to
constructing...
|
California Penal Code Section 532f
(a) (1) A person, other than the loan applicant, who commits
a public offense under paragraph (1), (2), or (3) of Section 532a in
connection with an...
|
California Penal Code Section 533
Every person who, after once selling, bartering, or disposing
of any tract of land or town lot, or after executing any bond or
agreement for the sale
|
California Penal Code Section 534
Every married person who falsely and fraudulently represents
himself or herself as competent to sell or mortgage any real estate,
to the validity of...
|
California Penal Code Section 535
Every person who obtains any money or property from another,
or obtains the signature of another to any written instrument, the
false making of which
|
California Penal Code Section 536
Every commission merchant, broker, agent, factor, or
consignee, who shall willfully and corruptly make, or cause to be
made, to the principal or...
|
California Penal Code Section 536a
It is hereby made the duty of every commission merchant,
broker, factor, or consignee, to whom any property is consigned or
entrusted for sale, to...
|
California Penal Code Section 537
(a) Any person who obtains any food, fuel, services, or
accommodations at a hotel, inn, restaurant, boardinghouse,
lodginghouse, apartment house,...
|
California Penal Code Section 537b
Any person who obtains any livery hire or other accommodation
at any livery or feed stable, kept for profit, in this state,
without paying therefor,...
|
California Penal Code Section 537c
Every owner, manager, proprietor, or other person, having the
management, charge or control of any livery stable, feed or boarding
stable, and every...
|
California Penal Code Section 537e
(a) Any person who knowingly buys, sells, receives, disposes
of, conceals, or has in his or her possession any personal property
from which the...
|
California Penal Code Section 537f
No storage battery composed in whole or in part of a used
container, or used plate or plates and intended for use in the
starting, lighting or...
|
California Penal Code Section 537g
(a) Unless otherwise provided by law, any person who
knowingly removes, defaces, covers, alters or destroys a National
Crime Information Center owner
|
California Penal Code Section 538
Every person, who, after mortgaging any of the property
permitted to be mortgaged by the provisions of Sections 9102 and 9109
of the Commercial Code,
|
California Penal Code Section 538a
Every person who signs any letter addressed to a newspaper
with the name of a person other than himself and sends such letter to
the newspaper, or...
|
California Penal Code Section 538b
Any person who wilfully wears the badge, lapel button,
rosette, or any part of the garb, robe, habit, or any other
recognized and established...
|
California Penal Code Section 538c
(a) Except as provided in subdivision (c), any person who
attaches or inserts an unauthorized advertisement in a newspaper,
whether alone or in...
|
California Penal Code Section 538d
(a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform,...
|
California Penal Code Section 538e
(a) Any person, other than an officer or member of a fire
department, who willfully wears, exhibits, or uses the authorized
uniform, insignia,...
|
California Penal Code Section 538f
Any person, other than an employee of a public utility or
district as defined in Sections 216 and 11503 of the Public Utilities
Code, respectively,...
|
California Penal Code Section 538g
(a) Any person, other than a state, county, city, special
district, or city and county officer or employee, who willfully
wears, exhibits, or uses...
|
California Penal Code Section 538.5
Every person who transmits or causes to be transmitted by
means of wire, radio or television communication any words, sounds,
writings, signs,...
|
California Penal Code Section 539
Every person who, with the intent to defraud, certifies that a
person ordered by the court to participate in community service as a
condition of...
|
California Penal Code Section 548
(a) Every person who willfully injures, destroys, secretes,
abandons, or disposes of any property which at the time is insured
against loss or damage
|
California Penal Code Section 549
Any firm, corporation, partnership, or association, or any
person acting in his or her individual capacity, or in his or her
capacity as a public or...
|
California Penal Code Section 550
(a) It is unlawful to do any of the following, or to aid,
abet, solicit, or conspire with any person to do any of the
following:
(1) Knowingly...
|
California Penal Code Section 551
(a) It is unlawful for any automotive repair dealer,
contractor, or employees or agents thereof to offer to any insurance
agent, broker, or adjuster...
|
California Penal Code Section 552
This article does not apply to any entry in the course of duty
of any peace or police officer or other duly authorized public
officer, nor does it...
|
California Penal Code Section 552.1
This article does not prohibit:
(a) Any lawful activity for the purpose of engaging in any
organizational effort on behalf of any labor union,...
|
California Penal Code Section 553
The following definitions apply to this article only:
(a) "Sign" means a sign not less than one (1) square foot in area
and upon which in letters...
|
California Penal Code Section 554
Any property, except that portion of such property to which
the general public is accorded access, may be posted against
trespassing and loitering in
|
California Penal Code Section 554.1
Any property described in Section 554 may be posted against
trespassing and loitering in the following manner:
(a) If it is not enclosed within a...
|
California Penal Code Section 555
It is unlawful to enter or remain upon any posted property
without the written permission of the owner, tenant, or occupant in
legal possession or...
|
California Penal Code Section 555.1
It is unlawful, without authority, to tear down, deface or
destroy any sign posted pursuant to this article.
|
California Penal Code Section 555.2
It is unlawful to loiter in the immediate vicinity of any
posted property. This section does not prohibit picketing in such
immediate vicinity or...
|
California Penal Code Section 555.3
Violation of any of the provisions of this article is a
misdemeanor.
|
California Penal Code Section 555.4
The provisions of this article are applicable throughout the
State in all counties and municipalities and no local authority shall
enact or enforce...
|
California Penal Code Section 555.5
If any provision of this article, or the application thereof
to any person or circumstance, is held to be invalid, the remainder
of the article, and...
|
California Penal Code Section 556
It is a misdemeanor for any person to place or maintain, or
cause to be placed or maintained without lawful permission upon any
property of the...
|
California Penal Code Section 556.1
It is a misdemeanor for any person to place or maintain or
cause to be placed or maintained upon any property in which he has no
estate or right of...
|
California Penal Code Section 556.2
Sections 556 and 556.1 do not prevent the posting of any
notice required by law or order of any court, to be posted, nor the
posting or placing of...
|
California Penal Code Section 556.3
Any sign, picture, transparency, advertisement, or
mechanical device placed on any property contrary to the provisions
of Sections 556 and 556.1, is...
|
California Penal Code Section 556.4
For purposes of this article, information that appears on
any sign, picture, transparency, advertisement, or mechanical device
such as, but not...
|
California Penal Code Section 558
Every person other than an officer, employee or student of the
University of California, or licensee of the Regents of the
University of California,...
|
California Penal Code Section 558.1
Every person who violates any of the provisions of Section
558 is guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of...
|
California Penal Code Section 560
Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who issues or aids in issuing a document of title,
or any person who secures...
|
California Penal Code Section 560.1
Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who fraudulently issues or aids in fraudulently
issuing a receipt for goods...
|
California Penal Code Section 560.2
Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who delivers goods out of the possession of such
bailee knowing that a...
|
California Penal Code Section 560.3
Any person who deposits goods with a bailee, as defined in
Section 7102 of the Uniform Commercial Code, to which he has not
title or upon which there
|
California Penal Code Section 560.4
Any bailee, as defined in Section 7102 of the Uniform
Commercial Code, who issues or aids in issuing a duplicate or
additional negotiable document of
|
California Penal Code Section 560.5
Where there are deposited with or held by a warehouseman
goods of which he is owner either solely or jointly or in common with
others such...
|
California Penal Code Section 560.6
(1) A corporation, firm, or person, and its or his agents or
employees shall not issue, sell, pledge, assign, or transfer in this
State any receipt,...
|
California Penal Code Section 565
It is a misdemeanor, punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six...
|
California Penal Code Section 566
It is a felony, punishable by a fine not exceeding one
thousand five hundred dollars ($1,500), or by imprisonment, or both,
for an unauthorized...
|
California Penal Code Section 570
An act of unlawful subleasing of a motor vehicle, as defined
in Section 571, shall be punishable by imprisonment in the state
prison or in the county
|
California Penal Code Section 571
(a) A person engages in an act of unlawful subleasing of a
motor vehicle if all of the following conditions are met:
(1) The motor vehicle is...
|
California Penal Code Section 572
(a) The actual or purported transfer or assignment, or the
assisting, causing, or arranging of an actual or purported transfer
or assignment, of any...
|
California Penal Code Section 573
(a) The penalties under this chapter are in addition to any
other remedies or penalties provided by law for the conduct
proscribed by this chapter.
|
California Penal Code Section 574
As used in this chapter, the following terms have the
following meanings:
(a) "Buyer" has the meaning set forth in subdivision (c) of
Section 2981
|
California Penal Code Section 577
Every person, being the master, owner or agent of any vessel,
or officer or agent of any railroad, express or transportation
company, or otherwise...
|
California Penal Code Section 578
Every person carrying on the business of a warehouseman,
wharfinger, or other depositary of property, who issues any receipt,
bill of lading, or...
|
California Penal Code Section 579
No person shall be convicted of an offense under Section 577
or 578 by reason that the contents of any barrel, box, case, cask, or
other vessel or...
|
California Penal Code Section 580
Every person mentioned in this chapter, who issues any second
or duplicate receipt or voucher, of a kind specified therein, at a
time while any...
|
California Penal Code Section 581
Every person mentioned in this chapter, who sells,
hypothecates, or pledges any merchandise for which any bill of
lading, receipt, or voucher has...
|
California Penal Code Section 583
Section 581 does not apply where property is demanded or sold
by virtue of process of law.
|
California Penal Code Section 587
Every person who maliciously, either:
1. Removes, displaces, injures, or destroys any part of any
railroad, whether for steam or horse cars, or...
|
California Penal Code Section 587.1
(a) Every person who maliciously moves or causes to be
moved, without authorization, any locomotive, is guilty of a
misdemeanor punishable by...
|
California Penal Code Section 587a
Every person, who, without being thereunto duly authorized by
the owner, lessee, or person or corporation engaged in the operation
of any railroad,...
|
California Penal Code Section 587b
Every person, who shall, without being thereunto authorized
by the owner, lessee, person or corporation operating any railroad,
enter into, climb...
|
California Penal Code Section 587c
Every person who fraudulently evades, or attempts to evade
the payment of his fare, while traveling upon any railroad, shall be
deemed guilty of a...
|
California Penal Code Section 588
Every person who negligently, willfully or maliciously digs
up, removes, displaces, breaks down or otherwise injures or destroys
any state or other...
|
California Penal Code Section 588a
Any person who throws or deposits any oil, glass bottle,
glass, nails, tacks, hoops, wire, cans, or any other substance likely
to injure any person,...
|
California Penal Code Section 588b
Any person who wilfully breaks down, removes, injures, or
destroys any barrier or obstruction erected or placed in or upon any
road or highway by the
|
California Penal Code Section 590
Every person who maliciously removes, destroys, injures,
breaks or defaces any mile post, board or stone, or guide post
erected on or near any...
|
California Penal Code Section 590a
One-half of all fines imposed and collected under Section 590
shall be paid to the informer who first causes a complaint to be
filed charging the...
|
California Penal Code Section 591
A person who unlawfully and maliciously takes down, removes,
injures, or obstructs any line of telegraph, telephone, or cable
television, or any...
|
California Penal Code Section 591.5
A person who unlawfully and maliciously removes, injures,
destroys, damages, or obstructs the use of any wireless communication
device with the...
|
California Penal Code Section 592
(a) Every person who shall, without authority of the owner or
managing agent, and with intent to defraud, take water from any
canal, ditch, flume, or
|
California Penal Code Section 593
Every person who unlawfully and maliciously takes down,
removes, injures, interferes with, or obstructs any line erected or
maintained by proper...
|
California Penal Code Section 593a
(a) Every person who maliciously drives or places, in any
tree, saw-log, shingle-bolt, or other wood, any iron, steel, ceramic,
or other substance...
|
California Penal Code Section 593b
Every person who shall, without the written permission of the
owner, lessee, or person or corporation operating any electrical
transmission line,...
|
California Penal Code Section 593c
Every person who willfully and maliciously breaks, digs up,
obstructs, interferes with, removes or injures any pipe or main or
hazardous liquid...
|
California Penal Code Section 593d
(a) Except as provided in subdivision (e), any person who,
for the purpose of intercepting, receiving, or using any program or
other service carried...
|
California Penal Code Section 593e
(a) Every person who knowingly and willfully makes or
maintains an unauthorized connection or connections, whether
physically, electrically, or...
|
California Penal Code Section 593f
Every person who for profit knowingly and willfully
manufactures, distributes, or sells any device or plan or kit for a
device, or printed circuit...
|
California Penal Code Section 593g
Every person who, with the intent to use it in a violation of
Section 593a, possesses any iron, steel, ceramic, or other substance
sufficiently hard...
|
California Penal Code Section 594
(a) Every person who maliciously commits any of the following
acts with respect to any real or personal property not his or her
own, in cases other...
|
California Penal Code Section 594.1
(a) (1) It shall be unlawful for any person, firm, or
corporation, except a parent or legal guardian, to sell or give or in
any way furnish to...
|
California Penal Code Section 594.2
(a) Every person who possesses a masonry or glass drill bit,
a carbide drill bit, a glass cutter, a grinding stone, an awl, a
chisel, a carbide...
|
California Penal Code Section 594.3
(a) Any person who knowingly commits any act of vandalism to
a church, synagogue, mosque, temple, building owned and occupied by
a religious...
|
California Penal Code Section 594.35
Every person is guilty of a crime and punishable by
imprisonment in the state prison or by imprisonment in a county jail
for not exceeding one year,...
|
California Penal Code Section 594.4
(a) Any person who willfully and maliciously injects into or
throws upon, or otherwise defaces, damages, destroys, or
contaminates, any structure...
|
California Penal Code Section 594.5
Nothing in this code shall invalidate an ordinance of, nor
be construed to prohibit the adoption of an ordinance by, a city,
city and county, or...
|
California Penal Code Section 594.6
(a) Every person who, having been convicted of vandalism or
affixing graffiti or other inscribed material under Section 594,
594.3, 594.4, or 640.7,...
|
California Penal Code Section 594.7
Notwithstanding subdivision (b) of Section 594, every person
who, having been convicted previously of vandalism under Section 594
for maliciously...
|
California Penal Code Section 594.8
(a) Any person convicted of possession of a destructive
implement with intent to commit graffiti or willfully affixing
graffiti under Section 594.2,...
|
California Penal Code Section 595
The specification of the Acts enumerated in the following
sections of this Chapter is not intended to restrict or qualify the
interpretation of the...
|
California Penal Code Section 596
Every person who, without the consent of the owner, wilfully
administers poison to any animal, the property of another, or exposes
any poisonous...
|
California Penal Code Section 596.5
It shall be a misdemeanor for any owner or manager of an
elephant to engage in abusive behavior towards the elephant, which
behavior shall include...
|
California Penal Code Section 596.7
(a) (1) For purposes of this section, "rodeo" means a
performance featuring competition between persons that includes three
or more of the following...
|
California Penal Code Section 597
(a) Except as provided in subdivision (c) of this section or
Section 599c, every person who maliciously and intentionally maims,
mutilates, tortures,
|
California Penal Code Section 597.1
(a) Every owner, driver, or keeper of any animal who permits
the animal to be in any building, enclosure, lane, street, square,
or lot of any city,...
|
California Penal Code Section 597.2
(a) It shall be the duty of an officer of a pound, humane
society, or animal regulation department of a public agency to assist
in a case involving...
|
California Penal Code Section 597.3
(a) Every person who operates a live animal market shall do
all of the following:
(1) Provide that no animal will be dismembered, flayed, cut...
|
California Penal Code Section 597.5
(a) Any person who does any of the following is guilty of a
felony and is punishable by imprisonment in a state prison for 16
months, or two or three
|
California Penal Code Section 597.6
(a) (1) No person may perform, or otherwise procure or
arrange for the performance of, surgical claw removal, declawing,
onychectomy, or tendonectomy
|
California Penal Code Section 597.7
(a) No person shall leave or confine an animal in any
unattended motor vehicle under conditions that endanger the health or
well-being of an animal...
|
California Penal Code Section 597a
Whoever carries or causes to be carried in or upon any
vehicle or otherwise any domestic animal in a cruel or inhuman
manner, or knowingly and...
|
California Penal Code Section 597b
(a) Except as provided in subdivisions (b) and (c), any
person who, for amusement or gain, causes any bull, bear, or other
animal, not including any...
|
California Penal Code Section 597c
Any person who is knowingly present as a spectator at any
place, building, or tenement for an exhibition of animal fighting, or
who is knowingly...
|
California Penal Code Section 597d
Any sheriff, police, or peace officer, or officer qualified
as provided in Section 14502 of the Corporations Code, may enter any
place, building, or...
|
California Penal Code Section 597e
Any person who impounds, or causes to be impounded in any
pound, any domestic animal, shall supply it during such confinement
with a sufficient...
|
California Penal Code Section 597f
(a) Every owner, driver, or possessor of any animal, who
permits the animal to be in any building, enclosure, lane, street,
square, or lot, of any...
|
California Penal Code Section 597g
(a) Poling a horse is a method of training horses to jump
which consists of (1) forcing, persuading, or enticing a horse to
jump in such manner that...
|
California Penal Code Section 597h
It shall be unlawful for any person to tie or attach or
fasten any live animal to any machine or device propelled by any
power for the purpose of...
|
California Penal Code Section 597i
(a) It shall be unlawful for anyone to manufacture, buy,
sell, barter, exchange, or have in his or her possession any of the
implements commonly...
|
California Penal Code Section 597j
(a) Any person who owns, possesses, keeps, or trains any bird
or other animal with the intent that it be used or engaged by
himself or herself, by...
|
California Penal Code Section 597k
Anyone who, having care, custody or control of any horse or
other animal, uses what is known as the bristle bur, tack bur, or
other like device, by...
|
California Penal Code Section 597l
(a) It shall be unlawful for any person who operates a pet
shop to fail to do all of the following:
(1) Maintain the facilities used for the...
|
California Penal Code Section 597m
It shall be unlawful for any person to promote, advertise,
stage, hold, manage, conduct, participate in, engage in, or carry on
any bullfight...
|
California Penal Code Section 597n
Any person who cuts the solid part of the tail of any horse
in the operation known as "docking," or in any other operation
performed for the purpose...
|
California Penal Code Section 597o
(a) Any person who transports an equine in a vehicle to
slaughter shall meet the following requirements:
(1) The vehicle shall have sufficient...
|
California Penal Code Section 597p
Within 30 days after the passage of this act, every owner, or
user of any docked horse, within the State of California, shall
register his or her...
|
California Penal Code Section 597q
The driving, working, keeping, racing or using of any
unregistered docked horse, or horses, after 60 days after the passage
of this act, shall be...
|
California Penal Code Section 597r
Any person or persons violating any of the provisions of this
act, shall be deemed guilty of a misdemeanor; provided, however,
that the provisions of
|
California Penal Code Section 597s
(a) Every person who willfully abandons any animal is guilty
of a misdemeanor.
(b) This section shall not apply to the release or rehabilitation...
|
California Penal Code Section 597t
Every person who keeps an animal confined in an enclosed area
shall provide it with an adequate exercise area. If the animal is
restricted by a...
|
California Penal Code Section 597u
(a) No person, peace officer, officer of a humane society, or
officer of a pound or animal regulation department of a public
agency shall kill any...
|
California Penal Code Section 597v
No person, peace officer, officer of a humane society, or
officer of a pound or animal regulation department of a public agency
shall kill any...
|
California Penal Code Section 597x
(a) Notwithstanding Section 18734 of the Food and
Agricultural Code or any other provision of law, it is unlawful for
any person to sell, attempt to...
|
California Penal Code Section 597y
A violation of Section 597u, 597v, or 597w is a misdemeanor.
|
California Penal Code Section 597z
(a) (1) Except as otherwise authorized under any other
provision of law, it shall be a crime, punishable as specified in
subdivision (b), for any...
|
California Penal Code Section 598
Every person who, within any public cemetery or burying
ground, kills, wounds, or traps any bird, or destroys any bird's nest
other than swallows'...
|
California Penal Code Section 598a
(a) Every person is guilty of a misdemeanor who kills any dog
or cat with the sole intent of selling or giving away the pelt of
such animal.
(b)...
|
California Penal Code Section 598b
(a) Every person is guilty of a misdemeanor who possesses,
imports into, or exports from, this state, sells, buys, gives away,
or accepts any carcass
|
California Penal Code Section 598c
(a) Notwithstanding any other provision of law, it is
unlawful for any person to possess, to import into or export from the
state, or to sell, buy,...
|
California Penal Code Section 598d
(a) Notwithstanding any other provision of law, horsemeat may
not be offered for sale for human consumption. No restaurant, cafe,
or other public...
|
California Penal Code Section 599
Every person is guilty of a misdemeanor who:
(a) Sells or gives away, any live chicks, rabbits, ducklings, or
other fowl as a prize for, or as an...
|
California Penal Code Section 599a
When complaint is made, on oath, to any magistrate authorized
to issue warrants in criminal cases, that the complainant believes
that any provision...
|
California Penal Code Section 599b
In this title, the word "animal" includes every dumb
creature; the words "torment," "torture," and "cruelty" include every
act, omission, or neglect...
|
California Penal Code Section 599c
No part of this title shall be construed as interfering with
any of the laws of this state known as the "game laws," or any laws
for or against the...
|
California Penal Code Section 599d
(a) It is the policy of the state that no adoptable animal
should be euthanized if it can be adopted into a suitable home.
Adoptable animals include...
|
California Penal Code Section 599e
Every animal which is unfit, by reason of its physical
condition, for the purpose for which such animals are usually
employed, and when there is no...
|
California Penal Code Section 599f
(a) No slaughterhouse, stockyard, auction, market agency, or
dealer shall buy, sell, or receive a nonambulatory animal.
(b) No slaughterhouse...
|
California Penal Code Section 600
(a) Any person who willfully and maliciously and with no legal
justification strikes, beats, kicks, cuts, stabs, shoots with a
firearm, administers...
|
California Penal Code Section 600.2
(a) It is a crime for any person to permit any dog which is
owned, harbored, or controlled by him or her to cause injury to or
the death of any...
|
California Penal Code Section 600.5
(a) Any person who intentionally causes injury to or the
death of any guide, signal, or service dog, as defined by Section
54.1 of the Civil Code,...
|
California Penal Code Section 601
(a) Any person is guilty of trespass who makes a credible
threat to cause serious bodily injury, as defined in subdivision (a)
of Section 417.6, to...
|
California Penal Code Section 602
Except as provided in paragraph (2) of subdivision (v),
subdivision (x), and Section 602.8, every person who willfully
commits a trespass by any of...
|
California Penal Code Section 602.1
(a) Any person who intentionally interferes with any lawful
business or occupation carried on by the owner or agent of a business
establishment open...
|
California Penal Code Section 602.2
Any ordinance or resolution adopted by a county which
requires written permission to enter vacant or unimproved private
land from either the owner,...
|
California Penal Code Section 602.3
(a) A lodger who is subject to Section 1946.5 of the Civil
Code and who remains on the premises of an owner-occupied dwelling
unit after receipt of a
|
California Penal Code Section 602.4
Every person who enters or remains on airport property owned
by a city, county, or city and county but located in another county,
and sells, peddles,
|
California Penal Code Section 602.5
(a) Every person other than a public officer or employee
acting within the course and scope of his or her employment in
performance of a duty imposed
|
California Penal Code Section 602.6
Every person who enters or remains in, or upon, any state,
county, district, or citrus fruit fair buildings or grounds, when the
buildings or grounds
|
California Penal Code Section 602.7
Every person who enters or remains on any property,
facility, or vehicle owned by the San Francisco Bay Area Rapid
Transit District or the Southern...
|
California Penal Code Section 602.8
(a) Any person who without the written permission of the
landowner, the owner's agent, or the person in lawful possession of
the land, willfully...
|
California Penal Code Section 602.9
(a) Except as provided in subdivision (c), any person who,
without the owner's or owner's agent's consent, claims ownership or
claims or takes...
|
California Penal Code Section 602.10
Every person who, by physical force and with the intent to
prevent attendance or instruction, willfully obstructs or attempts to
obstruct any student
|
California Penal Code Section 602.11
(a) Any person, alone or in concert with others, who
intentionally prevents an individual from entering or exiting a
health care facility, place of...
|
California Penal Code Section 602.12
(a) Any person who enters the residential real property of
an academic researcher for the purpose of chilling, preventing the
exercise of, or...
|
California Penal Code Section 603
Every person other than a peace officer engaged in the
performance of his duties as such who forcibly and without the
consent of the owner,...
|
California Penal Code Section 604
Every person who maliciously injures or destroys any standing
crops, grain, cultivated fruits or vegetables, the property of
another, in any case for
|
California Penal Code Section 605
Every person who either:
1. Maliciously removes any monument erected for the purpose of
designating any point in the boundary of any lot or tract...
|
California Penal Code Section 607
Every person who willfully and maliciously cuts, breaks,
injures, or destroys, or who, without the authority of the owner or
managing agent, operates
|
California Penal Code Section 610
Every person who unlawfully masks, alters, or removes any
light or signal, or willfully exhibits any light or signal, with
intent to bring any vessel
|
California Penal Code Section 615
Every person who willfully injures, defaces, or removes any
signal, monument, building, or appurtenance thereto, placed, erected,
or used by persons...
|
California Penal Code Section 616
Every person who intentionally defaces, obliterates, tears
down, or destroys any copy or transcript, or extract from or of any
law of the United...
|
California Penal Code Section 617
Every person who maliciously mutilates, tears, defaces,
obliterates, or destroys any written instrument, the property of
another, the false making of
|
California Penal Code Section 618
Every person who willfully opens or reads, or causes to be
read, any sealed letter not addressed to himself, without being
authorized so to do,...
|
California Penal Code Section 620
Every person who willfully alters the purport, effect, or
meaning of a telegraphic or telephonic message to the injury of
another, is punishable by...
|
California Penal Code Section 621
Every person who maliciously destroys, cuts, breaks,
mutilates, effaces, or otherwise injures, tears down, or removes any
law enforcement memorial or
|
California Penal Code Section 622
Every person, not the owner thereof, who willfully injures,
disfigures, or destroys any monument, work of art, or useful or
ornamental improvement...
|
California Penal Code Section 623
(a) Except as otherwise provided in Section 599c, any person
who, without the prior written permission of the owner of a cave,
intentionally and...
|
California Penal Code Section 624
Every person who wilfully breaks, digs up, obstructs, or
injures any pipe or main for conducting water, or any works erected
for supplying buildings...
|
California Penal Code Section 625
Every person who, with intent to defraud or injure, opens or
causes to be opened, or draws water from any stopcock or faucet by
which the flow of...
|
California Penal Code Section 625b
(a) Every person who willfully injures or tampers with any
aircraft or the contents or parts thereof, or removes any part of or
from an aircraft...
|
California Penal Code Section 625c
Any person who, with the intent to cause great bodily injury
to another person, willfully removes, tampers with, injures or
destroys any passenger...
|
California Penal Code Section 626
(a) As used in this chapter, the following definitions apply:
(1) "University" means the University of California, and includes
any affiliated...
|
California Penal Code Section 626.2
Every student or employee who, after a hearing, has been
suspended or dismissed from a community college, a state university,
the university, or a...
|
California Penal Code Section 626.4
(a) The chief administrative officer of a campus or other
facility of a community college, a state university, the university,
or a school, or an...
|
California Penal Code Section 626.6
(a) If a person who is not a student, officer or employee of
a college or university and who is not required by his or her
employment to be on the...
|
California Penal Code Section 626.7
(a) If a person who is not a student, officer, or employee
of a public school, and who is not required by his or her employment
to be on the campus...
|
California Penal Code Section 626.8
(a) Any person who comes into any school building or upon
any school ground, or street, sidewalk, or public way adjacent
thereto, without lawful...
|
California Penal Code Section 626.81
(a) Any person who is required to register as a sex
offender pursuant to Section 290, who comes into any school building
or upon any school ground...
|
California Penal Code Section 626.85
(a) Any specified drug offender who, at any time, comes
into any school building or upon any school ground, or adjacent
street, sidewalk, or public...
|
California Penal Code Section 626.9
(a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that
|
California Penal Code Section 626.95
(a) Any person who is in violation of paragraph (2) of
subdivision (a), or subdivision (b), of Section 417 , or Section
12025 or 12031, upon the...
|
California Penal Code Section 626.10
(a) 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...
|
California Penal Code Section 626.11
(a) Any evidence seized by a teacher, official, employee,
or governing board member of any university, state university, or
community college, or by...
|
California Penal Code Section 627
(a) The Legislature finds the following:
(1) Violent crimes perpetrated on public school grounds interfere
with the education of students and...
|
California Penal Code Section 627.1
As used in this chapter, with regard to a public school:
(a) An "outsider" is any person other than:
(1) A student of the school; except that a
|
California Penal Code Section 627.2
No outsider shall enter or remain on school grounds during
school hours without having registered with the principal or
designee, except to proceed...
|
California Penal Code Section 627.3
In order to register, an outsider shall upon request furnish
the principal or designee with the following:
(1) His or her name, address, and...
|
California Penal Code Section 627.4
(a) The principal or his or her designee may refuse to
register an outsider if he or she has a reasonable basis for
concluding that the outsider's...
|
California Penal Code Section 627.5
Any person who is denied registration or whose registration
is revoked may request a hearing before the principal or
superintendent on the propriety...
|
California Penal Code Section 627.6
At each entrance to the school grounds of every public
school at which this chapter is in force, signs shall be posted
specifying the hours during...
|
California Penal Code Section 627.7
(a) It is a misdemeanor punishable by imprisonment in the
county jail not to exceed six months, or by a fine not to exceed
five hundred dollars...
|
California Penal Code Section 627.8
Every outsider who willfully and knowingly violates this
chapter after having been previously convicted of a violation of this
chapter committed...
|
California Penal Code Section 627.8a
The penalties imposed by the provisions of this chapter
shall be utilized to prevent, deter, and punish those committing
crimes on school campuses. ...
|
California Penal Code Section 627.9
The governing board of any school district may:
(a) Exempt the district or any school or class of schools in the
district from the operation of...
|
California Penal Code Section 627.10
A person whose presence or conduct on school grounds
violates another provision of law may be punished for that violation,
regardless of whether he...
|
California Penal Code Section 629.50
(a) Each application for an order authorizing the
interception of a wire, electronic pager, or electronic cellular
telephone communication shall be...
|
California Penal Code Section 629.51
For the purposes of this chapter, the following terms have
the following meanings:
(a) "Wire communication" means any aural transfer made in whole
|
California Penal Code Section 629.52
Upon application made under Section 629.50, the judge may
enter an ex parte order, as requested or modified, authorizing
interception of wire,...
|
California Penal Code Section 629.53
The Judicial Council may establish guidelines for judges to
follow in granting an order authorizing the interception of any
wire, electronic pager,...
|
California Penal Code Section 629.54
Each order authorizing the interception of any wire,
electronic pager, or electronic cellular telephone communication
shall specify all of the...
|
California Penal Code Section 629.56
(a) Upon informal application by the Attorney General,
Chief Deputy Attorney General, or Chief Assistant Attorney General,
Criminal Law Division, or...
|
California Penal Code Section 629.58
No order entered under this chapter shall authorize the
interception of any wire, electronic pager, or electronic cellular
telephone, or electronic...
|
California Penal Code Section 629.60
Whenever an order authorizing an interception is entered,
the order shall require reports in writing or otherwise to be made to
the judge who issued...
|
California Penal Code Section 629.61
(a) Whenever an order authorizing an interception is
entered, the order shall require a report in writing or otherwise to
be made to the Attorney...
|
California Penal Code Section 629.62
(a) The Attorney General shall prepare and submit an annual
report to the Legislature, the Judicial Council, and the Director of
the Administrative...
|
California Penal Code Section 629.64
The contents of any wire or electronic communication
intercepted by any means authorized by this chapter shall, if
possible, be recorded on any...
|
California Penal Code Section 629.66
Applications made and orders granted pursuant to this
chapter shall be sealed by the judge. Custody of the applications
and orders shall be where...
|
California Penal Code Section 629.68
Within a reasonable time, but no later than 90 days, after
the termination of the period of an order or extensions thereof, or
after the filing of an
|
California Penal Code Section 629.70
(a) A defendant shall be notified that he or she was
identified as the result of an interception that was obtained
pursuant to this chapter. The...
|
California Penal Code Section 629.72
Any person in any trial, hearing, or proceeding, may move
to suppress some or all of the contents of any intercepted wire,
electronic pager, or...
|
California Penal Code Section 629.74
The Attorney General, any deputy attorney general, district
attorney, or deputy district attorney, or any peace officer who, by
any means authorized...
|
California Penal Code Section 629.76
The Attorney General, any deputy attorney general, district
attorney, or deputy district attorney, or any peace officer or
federal law enforcement...
|
California Penal Code Section 629.78
Any person who has received, by any means authorized by
this chapter, any information concerning a wire, electronic pager, or
electronic cellular...
|
California Penal Code Section 629.80
No otherwise privileged communication intercepted in
accordance with, or in violation of, the provisions of this chapter
shall lose its privileged...
|
California Penal Code Section 629.82
(a) If a peace officer or federal law enforcement officer,
while engaged in intercepting wire, electronic pager, or electronic
cellular telephone...
|
California Penal Code Section 629.84
Any violation of this chapter is punishable by a fine not
exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail
|
California Penal Code Section 629.86
Any person whose wire, electronic pager, or electronic
cellular telephone communication is intercepted, disclosed, or used
in violation of this...
|
California Penal Code Section 629.88
Nothing in Section 631, 632.5, 632.6, or 632.7 shall be
construed as prohibiting any peace officer or federal law enforcement
officer from...
|
California Penal Code Section 629.89
No order issued pursuant to this chapter shall either
directly or indirectly authorize covert entry into or upon the
premises of a residential...
|
California Penal Code Section 629.90
An order authorizing the interception of a wire, electronic
pager, or electronic cellular telephone communication shall direct,
upon request of the...
|
California Penal Code Section 629.91
A good faith reliance on a court order issued in accordance
with this chapter by any public utility, landlord, custodian, or
any other person...
|
California Penal Code Section 629.92
Notwithstanding any other provision of law, any court to
which an application is made in accordance with this chapter may take
any evidence, make any
|
California Penal Code Section 629.94
(a) The Commission on Peace Officer Standards and Training,
in consultation with the Attorney General, shall establish a course
of training in the...
|
California Penal Code Section 629.96
If any provision of this chapter, or the application
thereof to any person or circumstances, is held invalid, the
remainder of the chapter, and the...
|
California Penal Code Section 629.98
This chapter shall remain in effect only until January 1,
2012, and as of that date is repealed.
|
California Penal Code Section 630
The Legislature hereby declares that advances in science and
technology have led to the development of new devices and techniques
for the purpose of...
|
California Penal Code Section 631
(a) Any person who, by means of any machine, instrument, or
contrivance, or in any other manner, intentionally taps, or makes any
unauthorized...
|
California Penal Code Section 632
(a) Every person who, intentionally and without the consent of
all parties to a confidential communication, by means of any
electronic amplifying or...
|
California Penal Code Section 632.5
(a) Every person who, maliciously and without the consent of
all parties to the communication, intercepts, receives, or assists
in intercepting or...
|
California Penal Code Section 632.6
(a) Every person who, maliciously and without the consent of
all parties to the communication, intercepts, receives, or assists
in intercepting or...
|
California Penal Code Section 632.7
(a) Every person who, without the consent of all parties to
a communication, intercepts or receives and intentionally records, or
assists in the...
|
California Penal Code Section 633
Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits
the Attorney General, any district attorney, or any assistant,
deputy, or investigator...
|
California Penal Code Section 633.1
(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits any person regularly employed as an airport law enforcement
officer, as described...
|
California Penal Code Section 633.5
Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits one party to a confidential communication from recording
the communication for the...
|
California Penal Code Section 633.6
(a) Notwithstanding the provisions of this chapter, and in
accordance with federal law, upon the request of a victim of domestic
violence who is...
|
California Penal Code Section 634
Any person who trespasses on property for the purpose of
committing any act, or attempting to commit any act, in violation of
Section 631, 632,...
|
California Penal Code Section 635
(a) Every person who manufactures, assembles, sells, offers
for sale, advertises for sale, possesses, transports, imports, or
furnishes to another...
|
California Penal Code Section 636
(a) Every person who, without permission from all parties to
the conversation, eavesdrops on or records, by means of an electronic
device, a...
|
California Penal Code Section 636.5
Any person not authorized by the sender, who intercepts any
public safety radio service communication, by use of a scanner or any
other means, for...
|
California Penal Code Section 637
Every person not a party to a telegraphic or telephonic
communication who willfully discloses the contents of a telegraphic
or telephonic message, or
|
California Penal Code Section 637.1
Every person not connected with any telegraph or telephone
office who, without the authority or consent of the person to whom
the same may be...
|
California Penal Code Section 637.2
(a) Any person who has been injured by a violation of this
chapter may bring an action against the person who committed the
violation for the greater
|
California Penal Code Section 637.3
(a) No person or entity in this state shall use any system
which examines or records in any manner voice prints or other voice
stress patterns of...
|
California Penal Code Section 637.4
(a) No state or local governmental agency involved in the
investigation or prosecution of crimes, or any employee thereof,
shall require or request...
|
California Penal Code Section 637.5
(a) No person who owns, controls, operates, or manages a
satellite or cable television corporation, or who leases channels on
a satellite or cable...
|
California Penal Code Section 637.6
(a) No person who, in the course of business, acquires or
has access to personal information concerning an individual,
including, but not limited to,
|
California Penal Code Section 637.7
(a) No person or entity in this state shall use an
electronic tracking device to determine the location or movement of a
person.
(b) This section...
|
California Penal Code Section 637.9
(a) Any person who, in the course of business, provides
mailing lists, computerized or telephone-based reference services, or
similar products or...
|
California Penal Code Section 638
(a) Any person who purchases, sells, offers to purchase or
sell, or conspires to purchase or sell any telephone calling pattern
record or list,...
|
California Penal Code Section 639
Every person who gives, offers, or agrees to give to any
director, officer, or employee of a financial institution any
emolument, gratuity, or...
|
California Penal Code Section 639a
Any officer, director or employee of a financial institution
who asks, receives, consents, or agrees to receive any commission,
emolument, gratuity,...
|
California Penal Code Section 640
(a) Any of the acts described in subdivision (b) is an
infraction punishable by a fine not to exceed two hundred fifty
dollars ($250) and by...
|
California Penal Code Section 640.2
(a) Any person who stamps, prints, places, or inserts any
writing in or on any product or box, package, or other container
containing a consumer...
|
California Penal Code Section 640.5
(a) (1) Any person who defaces with graffiti or other
inscribed material the interior or exterior of the facilities or
vehicles of a governmental...
|
California Penal Code Section 640.6
(a) (1) Except as provided in Section 640.5, any person who
defaces with graffiti or other inscribed material any real or
personal property not his...
|
California Penal Code Section 640.7
Any person who violates Section 594, 640.5, or 640.6 on or
within 100 feet of a highway, or its appurtenances, including, but
not limited to,...
|
California Penal Code Section 640.8
Any person who violates Section 594, 640.5, or 640.6, on a
freeway, or its appurtenances, including sound walls, overpasses,
overpass supports,...
|
California Penal Code Section 1
1. Any person who knowingly, wilfully and with intent to
defraud the owner, lessee or licensee of any coin-box telephone,
shall operate or cause to...
|
California Penal Code Section 1
1. Any person who knowingly, wilfully and with intent to
defraud the owner, lessee or licensee of any coin-box telephone,
shall operate or cause to...
|
California Penal Code Section 641
Every person who, by the payment or promise of any bribe,
inducement, or reward, procures or attempts to procure any telegraph
or telephone agent,...
|
California Penal Code Section 641.3
(a) Any employee who solicits, accepts, or agrees to accept
money or any thing of value from a person other than his or her
employer, other than in...
|
California Penal Code Section 641.4
(a) An employee of a title insurer, underwritten title
company, or controlled escrow company who corruptly violates Section
12404 of the Insurance...
|
California Penal Code Section 641.5
(a) In any clothes cleaning establishment in which more than
one gallon of a volatile, commercially moisture-free solvent of the
chlorinated...
|
California Penal Code Section 641.6
Notwithstanding any other provision of law, no person
engaged in the business of dry cleaning shall use carbon
tetrachloride or trichlorethylene as a
|
California Penal Code Section 642
Every person who wilfully and maliciously removes and keeps
possession of and appropriates for his own use articles of value from
a dead human body,...
|
California Penal Code Section 643
No person knowingly shall dispose of fetal remains in a public
or private dump, refuse, or disposal site or place open to public
view. For the...
|
California Penal Code Section 645
(a) Any person guilty of a first conviction of any offense
specified in subdivision (c), where the victim has not attained 13
years of age, may, upon
|
California Penal Code Section 646
It is unlawful for any person with the intent, or for the
purpose of instituting a suit thereon outside of this state, to seek
or solicit the...
|
California Penal Code Section 646.5
No person shall knowingly and directly solicit employment
from any injured person or from any other person to obtain
authorization on behalf of the...
|
California Penal Code Section 646.6
No person shall knowingly and directly solicit any injured
person, or anyone acting on behalf of any injured person, for the
sale or use of...
|
California Penal Code Section 646.9
(a) Any person who willfully, maliciously, and repeatedly
follows or willfully and maliciously harasses another person and who
makes a credible...
|
California Penal Code Section 646.91
(a) Notwithstanding any other law, a judicial officer may
issue an ex parte emergency protective order where a peace officer,
as defined in Section...
|
California Penal Code Section 646.91a
(a) The court shall order that any party enjoined pursuant
to Section 646.91 be prohibited from taking any action to obtain the
address or location...
|
California Penal Code Section 646.92
(a) The Department of Corrections, county sheriff, or
director of the local department of corrections shall give notice not
less than 15 days prior...
|
California Penal Code Section 646.93
(a) (1) In those counties where the arrestee is initially
incarcerated in a jail operated by the county sheriff, the sheriff
shall designate a...
|
California Penal Code Section 646.94
(a) Contingent upon a Budget Act appropriation, the
Department of Corrections shall ensure that any parolee convicted of
violating Section 646.9 on...
|
California Penal Code Section 647
Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who...
|
California Penal Code Section 647.1
In addition to any fine assessed under Section 647, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates...
|
California Penal Code Section 647.2
If a person is convicted of a violation of subdivision (f)
of Section 647 and is granted probation, the court may order, with
the consent of the...
|
California Penal Code Section 647.6
(a) (1) Every person who annoys or molests any child under
18 years of age shall be punished by a fine not exceeding five
thousand dollars ($5,000),...
|
California Penal Code Section 647.7
(a) In any case in which a person is convicted of violating
subdivision (i) or (k) of Section 647, the court may require
counseling as a condition of
|
California Penal Code Section 647a
(a) Any peace officer, as defined in subdivision (a) of
Section 830.1 or Section 830.31, 830.32, or 830.33, may transport any
person, as quickly as...
|
California Penal Code Section 647b
Every person who loiters about any school in which adults are
in attendance at courses established pursuant to Chapter 10
(commencing with Section...
|
California Penal Code Section 647c
Every person who willfully and maliciously obstructs the free
movement of any person on any street, sidewalk, or other public
place or on or in any...
|
California Penal Code Section 647d
(a) Notwithstanding any other provision of law, subdivision
(b) shall become operative in a county only if the board of
supervisors adopts the...
|
California Penal Code Section 647e
(a) A city, county, or city and county may by local ordinance
provide that no person who has in his or her possession any bottle,
can or other...
|
California Penal Code Section 647f
In any accusatory pleading charging a violation of
subdivision (b) of Section 647, if the defendant has been previously
convicted one or more times...
|
California Penal Code Section 648
Every person who makes, issues, or puts in circulation any
bill, check, ticket, certificate, promissory note, or the paper of
any bank, to circulate...
|
California Penal Code Section 648a
(a) Every person who has in his or her possession for any
illegal purpose or who makes, sells, issues, or puts in circulation
any slug or token that...
|
California Penal Code Section 649
Any person engaged in the transportation of persons by taxicab
or other means of conveyance who knowingly misdirects a prospective
guest of any...
|
California Penal Code Section 649a
Any person engaged in the operation of any hotel, inn,
boardinghouse or lodginghouse who pays another any compensation for
inducing or attempting to...
|
California Penal Code Section 651
It is a misdemeanor for any person to buy, receive, sell, give
away, dispose of, exchange or barter any Federal order stamps except
for the foods or...
|
California Penal Code Section 652
(a) It shall be an infraction for any person to perform or
offer to perform body piercing upon a person under the age of 18
years, unless the body...
|
California Penal Code Section 653
Every person who tattoos or offers to tattoo a person under
the age of 18 years is guilty of a misdemeanor.
As used in this section, to "tattoo"...
|
California Penal Code Section 653b
(a) Except as provided in subdivision (b), every person who
loiters about any school or public place at or near which children
attend or normally...
|
California Penal Code Section 653c
(a) No person required to register as a sex offender pursuant
to Section 290 for an offense committed against an elder or
dependent adult, as defined
|
California Penal Code Section 653d
Every person who sells machinery used or to be used for
mining purposes who fails to give to the buyer, at the time of sale,
a bill of sale for the...
|
California Penal Code Section 653f
(a) Every person who, with the intent that the crime be
committed, solicits another to offer, accept, or join in the offer or
acceptance of a bribe,...
|
California Penal Code Section 653h
(a) Every person is guilty of a public offense punishable as
provided in subdivisions (b) and (c), who:
(1) Knowingly and willfully transfers or...
|
California Penal Code Section 653i
Any person who is involved in a skiing accident and who
leaves the scene of the accident knowing or having reason to believe
that any other person...
|
California Penal Code Section 653j
(a) Every person 18 years of age or older who, in any
voluntary manner, solicits, induces, encourages, or intimidates any
minor with the intent that...
|
California Penal Code Section 653k
Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his
|
California Penal Code Section 653m
(a) Every person who, with intent to annoy, telephones or
makes contact by means of an electronic communication device with
another and addresses to...
|
California Penal Code Section 653n
Any person who installs or who maintains after April 1, 1970,
any two-way mirror permitting observation of any restroom, toilet,
bathroom, washroom,...
|
California Penal Code Section 653o
(a) It is unlawful to import into this state for commercial
purposes, to possess with intent to sell, or to sell within the
state, the dead body, or...
|
California Penal Code Section 653o
(a) It is unlawful to import into this state for commercial
purposes, to possess with intent to sell, or to sell within the
state, the dead body, or...
|
California Penal Code Section 653p
It is unlawful to possess with the intent to sell, or to
sell, within the state, the dead body, or any part or product
thereof, of any species or...
|
California Penal Code Section 653q
It is unlawful to import into this state for commercial
purposes, to possess with intent to sell, or to sell within the
state, the dead body, or any...
|
California Penal Code Section 653r
Notwithstanding the provisions of Section 3 of Chapter 1557
of the Statutes of 1970, it shall be unlawful to possess with intent
to sell, or to sell,
|
California Penal Code Section 653s
(a) Any person who transports or causes to be transported for
monetary or other consideration within this state, any article
containing sounds of a...
|
California Penal Code Section 653t
(a) A person commits a public offense if the person knowingly
and maliciously interrupts, disrupts, impedes, or otherwise
interferes with the...
|
California Penal Code Section 653u
(a) Any person who records or masters or causes to be
recorded or mastered on any article with the intent to sell for
commercial advantage or private
|
California Penal Code Section 653v
Whenever any person is convicted of any violation of Section
653h, 653s, 653u, or 653w the court, in its judgment of conviction,
shall, in addition...
|
California Penal Code Section 653w
(a) A person is guilty of failure to disclose the origin of a
recording or audiovisual work if, for commercial advantage or
private financial gain,...
|
California Penal Code Section 653x
(a) Any person who telephones the 911 emergency line with the
intent to annoy or harass another person is guilty of a misdemeanor
punishable by a...
|
California Penal Code Section 653y
(a) Any person who knowingly allows the use or who uses the
911 telephone system for any reason other than because of an
emergency is guilty of an...
|
California Penal Code Section 653z
(a) Every person who operates a recording device in a motion
picture theater while a motion picture is being exhibited, for the
purpose of recording...
|
California Penal Code Section 653.1
(a) No person shall sell or distribute any balloon that is
constructed of electrically conductive material, and filled with a
gas lighter than air...
|
California Penal Code Section 653.2
(a) Every person who, with intent to place another person in
reasonable fear for his or her safety, or the safety of the other
person's immediate...
|
California Penal Code Section 653.20
For purposes of this chapter, the following definitions
apply:
(a) "Commit prostitution" means to engage in sexual conduct for
money or other...
|
California Penal Code Section 653.22
(a) It is unlawful for any person to loiter in any public
place with the intent to commit prostitution. This intent is
evidenced by acting in a...
|
California Penal Code Section 653.23
(a) It is unlawful for any person to do either of the
following:
(1) Direct, supervise, recruit, or otherwise aid another person in
the commission
|
California Penal Code Section 653.24
If any section, subdivision, sentence, clause, phrase, or
portion of this chapter is for any reason held invalid or
unconstitutional by any court of...
|
California Penal Code Section 653.26
A violation of any provision of this chapter is a
misdemeanor.
|
California Penal Code Section 653.28
Nothing in this chapter or Chapter 2 (commencing with
Section 639) shall prevent a local governing body from adopting and
enforcing laws consistent...
|
California Penal Code Section 653.55
It is a misdemeanor for any person for compensation to
knowingly make a false or misleading material statement or assertion
of fact in the...
|
California Penal Code Section 653.56
For purposes of this chapter:
(a) "Compensation" means money, property, or anything else of
value.
(b) "Immigration matter" means any...
|
California Penal Code Section 653.57
Any person violating the provisions of this chapter may be
enjoined by any superior court of competent jurisdiction upon an
action for injunction,...
|
California Penal Code Section 653.58
Any person who intentionally violates any injunction issued
pursuant to Section 653.57 shall be liable for a civil penalty not
to exceed two thousand
|
California Penal Code Section 653.59
Any person who violates any provision of this chapter shall
be liable for a civil penalty not to exceed two thousand five
hundred dollars ($2,500)...
|
California Penal Code Section 653.60
Any person injured by violation of this chapter may
recover: (a) his actual damages or five hundred dollars ($500),
whichever is greater; and (b)...
|
California Penal Code Section 653.61
The remedies or penalties provided by this chapter are
cumulative to each other and to the remedies or penalties available
under all other laws of...
|
California Penal Code Section 653.75
Any person who commits any public offense while in custody
in any local detention facility, as defined in Section 6031.4, or any
state prison, as...
|
California Penal Code Section 654
(a) An act or omission that is punishable in different ways by
different provisions of law shall be punished under the provision
that provides for...
|
California Penal Code Section 654.1
It shall be unlawful for any person, acting individually or
as an officer or employee of a corporation, or as a member of a
copartnership or as a...
|
California Penal Code Section 654.2
The provisions of Section 654.1 of the Penal Code shall not
apply to the selling, furnishing, or providing of transportation of
any person or persons
|
California Penal Code Section 654.3
Violation of Section 654.1 shall be a misdemeanor, and upon
first conviction the punishment shall be a fine of not over five
hundred dollars ($500),...
|
California Penal Code Section 655
An act or omission declared punishable by this Code is not
less so because it is also punishable under the laws of another
State, Government, or...
|
California Penal Code Section 656
Whenever on the trial of an accused person it appears that
upon a criminal prosecution under the laws of the United States, or
of another state or...
|
California Penal Code Section 656.5
Any person convicted of a crime based upon an act or
omission for which he or she has been acquitted or convicted in
another country shall be...
|
California Penal Code Section 656.6
No international treaties or laws shall be violated to
secure the return of a person who has been convicted in another
country of a crime committed...
|
California Penal Code Section 657
A criminal act is not the less punishable as a crime because
it is also declared to be punishable as a contempt.
|
California Penal Code Section 658
When it appears, at the time of passing sentence upon a person
convicted upon indictment, that such person has already paid a fine
or suffered an...
|
California Penal Code Section 659
Whenever an act is declared a misdemeanor, and no punishment
for counseling or aiding in the commission of such act is expressly
prescribed by law,...
|
California Penal Code Section 660
In the various cases in which the sending of a letter is made
criminal by this Code, the offense is deemed complete from the time
when such letter is
|
California Penal Code Section 661
In addition to the penalty affixed by express terms, to every
neglect or violation of official duty on the part of public officers,
State, county,...
|
California Penal Code Section 662
No person is punishable for an omission to perform an act,
where such act has been performed by another person acting in his
behalf and competent by...
|
California Penal Code Section 663
Any person may be convicted of an attempt to commit a crime,
although it appears on the trial that the crime intended or attempted
was perpetrated by
|
California Penal Code Section 664
Every person who attempts to commit any crime, but fails, or
is prevented or intercepted in its perpetration, shall be punished
where no provision is
|
California Penal Code Section 665
Sections 663 and 664 do not protect a person who, in
attempting unsuccessfully to commit a crime, accomplishes the
commission of another and...
|
California Penal Code Section 666
Every person who, having been convicted of petty theft, grand
theft, auto theft under Section 10851 of the Vehicle Code, burglary,
carjacking,...
|
California Penal Code Section 666.5
(a) Every person who, having been previously convicted of a
felony violation of Section 10851 of the Vehicle Code, or felony
grand theft involving an
|
California Penal Code Section 667
(a) (1) In compliance with subdivision (b) of Section 1385,
any person convicted of a serious felony who previously has been
convicted of a serious...
|
California Penal Code Section 667.1
Notwithstanding subdivision (h) of Section 667, for all
offenses committed on or after the effective date of this act, all
references to existing...
|
California Penal Code Section 667.5
Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
(a) Where one of the new offenses is one...
|
California Penal Code Section 667.51
(a) Any person who is convicted of violating Section 288 or
288.5 shall receive a five-year enhancement for a prior conviction
of an offense...
|
California Penal Code Section 667.6
(a) Any person who is convicted of an offense specified in
subdivision (e) and who has been convicted previously of any of those
offenses shall...
|
California Penal Code Section 667.61
(a) Any person who is convicted of an offense specified in
subdivision (c) under one or more of the circumstances specified in
subdivision (d) or...
|
California Penal Code Section 667.7
(a) Any person convicted of a felony in which the person
inflicted great bodily injury as provided in Section 12022.53 or
12022.7, or personally used
|
California Penal Code Section 667.70
Any person who is convicted of murder, which was committed
prior to June 3, 1998, and sentenced pursuant to paragraph (1) of
subdivision (a) of...
|
California Penal Code Section 667.71
(a) For the purpose of this section, a habitual sexual
offender is a person who has been previously convicted of one or more
of the offenses...
|
California Penal Code Section 667.75
Any person convicted of a violation of Section 11353,
11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code who
has previously served two...
|
California Penal Code Section 667.8
(a) Except as provided in subdivision (b), any person
convicted of a felony violation of Section 261, 262, 264.1, 286,
288a, or 289 who, for the...
|
California Penal Code Section 667.85
Any person convicted of a violation of Section 207 or 209,
who kidnapped or carried away any child under the age of 14 years
with the intent to...
|
California Penal Code Section 667.9
(a) Any person who commits one or more of the crimes
specified in subdivision (c) against a person who is 65 years of age
or older, or against a...
|
California Penal Code Section 667.10
(a) Any person who has a prior conviction of the offense
set forth in Section 289 and who commits that crime against a person
who is 65 years of age...
|
California Penal Code Section 667.15
Any adult who, prior to or during the commission or
attempted commission of a violation of Section 288 or 288.5, exhibits
to the minor any matter, as
|
California Penal Code Section 667.16
(a) Any person convicted of a felony violation of Section
470, 487, or 532 as part of a plan or scheme to defraud an owner of a
residential or...
|
California Penal Code Section 667.17
Any person who violates the provisions of Section 538d
during the commission of a felony shall receive an additional
one-year term of imprisonment to
|
California Penal Code Section 668
Every person who has been convicted in any other state,
government, country, or jurisdiction of an offense for which, if
committed within this state,
|
California Penal Code Section 668.5
An offense specified as a prior felony conviction by
reference to a specific code section shall include any prior felony
conviction under any...
|
California Penal Code Section 669
When any person is convicted of two or more crimes, whether in
the same proceeding or court or in different proceedings or courts,
and whether by...
|
California Penal Code Section 670
(a) Any person who violates Section 7158 or 7159 of, or
subdivision (b), (c), (d), or (e) of Section 7161 of, the Business
and Professions Code or...
|
California Penal Code Section 672
Upon a conviction for any crime punishable by imprisonment in
any jail or prison, in relation to which no fine is herein
prescribed, the court may...
|
California Penal Code Section 673
It shall be unlawful to use in the reformatories,
institutions, jails, state hospitals or any other state, county, or
city institution any cruel,...
|
California Penal Code Section 674
(a) Any person who is a primary care provider in a day care
facility and who is convicted of a felony violation of Section 261,
285, 286, 288, 288a,...
|
California Penal Code Section 675
(a) Any person suffering a felony conviction for a violation
of subdivision (c) or (d) of Section 261.5, paragraph (1) or (2) of
subdivision (b) or...
|
California Penal Code Section 678
Whenever in this code the character or grade of an offense, or
its punishment, is made to depend upon the value of property, such
value shall be...
|
California Penal Code Section 679
In recognition of the civil and moral duty of victims and
witnesses of crime to fully and voluntarily cooperate with law
enforcement and...
|
California Penal Code Section 679.01
As used in this title, the following definitions shall
control:
(a) "Crime" means an act committed in this state which, if
committed by a...
|
California Penal Code Section 679.02
(a) The following are hereby established as the statutory
rights of victims and witnesses of crimes:
(1) To be notified as soon as feasible that a
|
California Penal Code Section 679.026
(a) It is the intent of the people of the State of
California in enacting this section to implement the rights of
victims of crime established in...
|
California Penal Code Section 679.03
(a) With respect to the conviction of a defendant involving
a violent offense, as defined in subdivision (b) of Section 12021.1,
the county district...
|
California Penal Code Section 679.04
(a) A victim of sexual assault as the result of any offense
specified in paragraph (1) of subdivision (b) of Section 264.2 has
the right to have...
|
California Penal Code Section 679.05
(a) A victim of domestic violence or abuse, as defined in
Sections 6203 or 6211 of the Family Code, or Section 13700 of the
Penal Code, has the right
|
California Penal Code Section 679.08
(a) (1) Whenever there has been a crime committed against a
victim, the law enforcement officer assigned to the case may provide
the victim of the...
|
California Penal Code Section 680
(a) This section shall be known as and may be cited as the
"Sexual Assault Victims' DNA Bill of Rights."
(b) The Legislature finds and declares...
|
California Penal Code Section 681
No person can be punished for a public offense, except upon a
legal conviction in a Court having jurisdiction thereof.
|
California Penal Code Section 682
Every public offense must be prosecuted by indictment or
information, except:
1. Where proceedings are had for the removal of civil officers of...
|
California Penal Code Section 683
The proceeding by which a party charged with a public offense
is accused and brought to trial and punishment, is known as a
criminal action.
|
California Penal Code Section 684
A criminal action is prosecuted in the name of the people of
the State of California, as a party, against the person charged with
the offense.
|
California Penal Code Section 685
The party prosecuted in a criminal action is designated in
this Code as the defendant.
|
California Penal Code Section 686
In a criminal action the defendant is entitled:
1. To a speedy and public trial.
2. To be allowed counsel as in civil actions, or to appear...
|
California Penal Code Section 686.1
Notwithstanding any other provision of law, the defendant in
a capital case shall be represented in court by counsel at all
stages of the preliminary
|
California Penal Code Section 686.2
(a) The court may, after holding a hearing and making the
findings set forth in subdivision (b), order the removal of any
spectator who is...
|
California Penal Code Section 686.5
In any case in which a person is arrested and released
without trial or in which a person is arrested, tried, and acquitted,
if such person is...
|
California Penal Code Section 687
No person can be subjected to a second prosecution for a
public offense for which he has once been prosecuted and convicted or
acquitted.
|
California Penal Code Section 688
No person charged with a public offense may be subjected,
before conviction, to any more restraint than is necessary for his
detention to answer the...
|
California Penal Code Section 689
No person can be convicted of a public offense unless by
verdict of a jury, accepted and recorded by the court, by a finding
of the court in a case...
|
California Penal Code Section 690
The provisions of Part 2 (commencing with Section 681) shall
apply to all criminal actions and proceedings in all courts, except
where jurisdictional
|
California Penal Code Section 691
The following words have in Part 2 (commencing with Section
681) the signification attached to them in this section, unless it is
otherwise apparent...
|
California Penal Code Section 692
Lawful resistance to the commission of a public offense may be
made:
1. By the party about to be injured;
2. By other parties.
|
California Penal Code Section 693
Resistance sufficient to prevent the offense may be made by
the party about to be injured:
1. To prevent an offense against his person, or his...
|
California Penal Code Section 694
Any other person, in aid or defense of the person about to be
injured, may make resistance sufficient to prevent the offense.
|
California Penal Code Section 697
Public offenses may be prevented by the intervention of the
officers of justice:
1. By requiring security to keep the peace;
2. By forming a...
|
California Penal Code Section 698
When the officers of justice are authorized to act in the
prevention of public offenses, other persons, who, by their command,
act in their aid, are...
|
California Penal Code Section 701
An information may be laid before any of the magistrates
mentioned in Section 808, that a person has threatened to commit an
offense against the...
|
California Penal Code Section 701.5
(a) Notwithstanding subdivision (b), no peace officer or
agent of a peace officer shall use a person who is 12 years of age or
younger as a minor...
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California Penal Code Section 702
When the information is laid before such magistrate he must
examine on oath the informer, and any witness he may produce, and
must take their...
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California Penal Code Section 703
If it appears from the depositions that there is just reason
to fear the commission of the offense threatened, by the person so
informed against, the
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California Penal Code Section 704
When the person informed against is brought before the
magistrate, if the charge be controverted, the magistrate shall take
testimony in relation...
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California Penal Code Section 705
If it appears that there is no just reason to fear the
commission of the offense alleged to have been threatened, the person
complained of must be...
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California Penal Code Section 706
If, however, there is just reason to fear the commission of
the offense, the person complained of may be required to enter into
an undertaking in...
|
California Penal Code Section 707
If the undertaking required by the last section is given, the
party informed of must be discharged. If he does not give it, the
magistrate must...
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California Penal Code Section 708
If the person complained of is committed for not giving the
undertaking required, he may be discharged by any magistrate, upon
giving the same.
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California Penal Code Section 709
The undertaking must be filed by the magistrate in the office
of the Clerk of the county.
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California Penal Code Section 710
A person who, in the presence of a Court or magistrate,
assaults or threatens to assault another, or to commit an offense
against his person or...
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California Penal Code Section 711
Upon the conviction of the person informed against of a breach
of the peace, the undertaking is broken.
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California Penal Code Section 712
Upon the District Attorney's producing evidence of such
conviction to the Superior Court of the county, the Court must order
the undertaking to be...
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California Penal Code Section 713
In the action the offense stated in the record of conviction
must be alleged as a breach of the undertaking, and such record is
conclusive evidence...
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California Penal Code Section 714
Security to keep the peace, or be of good behavior, cannot be
required except as prescribed in this Chapter.
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California Penal Code Section 723
When a sheriff or other public officer authorized to execute
process finds, or has reason to apprehend, that resistance will be
made to the execution
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California Penal Code Section 724
The officer must certify to the Court from which the process
issued the names of the persons resisting, and their aiders and
abettors, to the end...
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California Penal Code Section 726
Where any number of persons, whether armed or not, are
unlawfully or riotously assembled, the sheriff of the county and his
or her deputies, the...
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California Penal Code Section 727
If the persons assembled do not immediately disperse, such
magistrates and officers must arrest them, and to that end may
command the aid of all...
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California Penal Code Section 737
All felonies shall be prosecuted by indictment or
information, except as provided in Section 859a. A proceeding
pursuant to Section 3060 of the...
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California Penal Code Section 738
Before an information is filed there must be a preliminary
examination of the case against the defendant and an order holding
him to answer made...
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California Penal Code Section 739
When a defendant has been examined and committed, as provided
in Section 872, it shall be the duty of the district attorney of the
county in which...
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California Penal Code Section 740
Except as otherwise provided by law, all misdemeanors and
infractions must be prosecuted by written complaint under oath
subscribed by the...
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California Penal Code Section 750
Notwithstanding any other provision of law, in the event that
the superior court of a county having a population in excess of six
million has...
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California Penal Code Section 777
Every person is liable to punishment by the laws of this
State, for a public offense committed by him therein, except where it
is by law cognizable...
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California Penal Code Section 777a
If a parent violates the provisions of Section 270 of this
code, the jurisdiction of such offense is in any competent court of
either the...
|
California Penal Code Section 777b
Perjury, in violation of Section 118, committed outside of
the State of California is punishable in a competent court in the
jurisdictional territory
|
California Penal Code Section 778
When the commission of a public offense, commenced without the
State, is consummated within its boundaries by a defendant, himself
outside the State,
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California Penal Code Section 778a
(a) Whenever a person, with intent to commit a crime, does
any act within this state in execution or part execution of that
intent, which culminates...
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California Penal Code Section 778b
Every person who, being out of this state, causes, aids,
advises, or encourages any person to commit a crime within this
state, and is afterwards...
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California Penal Code Section 781
When a public offense is committed in part in one
jurisdictional territory and in part in another, or the acts or
effects thereof constituting or...
|
California Penal Code Section 782
When a public offense is committed on the boundary of two or
more jurisdictional territories, or within 500 yards thereof, the
jurisdiction of such...
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California Penal Code Section 783
When a public offense is committed in this State, on board a
vessel navigating a river, bay, slough, lake, or canal, or lying
therein, in the...
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California Penal Code Section 783.5
When a public offense is committed in a park situated in
more than one county, the jurisdiction over such an offense is in any
competent court in any
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California Penal Code Section 784
The jurisdiction of a criminal action:
(a) For forcibly and without lawful authority seizing and
confining another, or inveigling or kidnapping...
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California Penal Code Section 784.5
The jurisdiction of a criminal action for a violation of
Section 277, 278, or 278.5 shall be in any one of the following
jurisdictional territories:
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California Penal Code Section 784.7
(a) When more than one violation of Section 220, except
assault with intent to commit mayhem, 261, 262, 264.1, 269, 286, 288,
288a, 288.5, or 289...
|
California Penal Code Section 784.8
When charges alleging multiple violations of Section 236.1
that involve the same victim or victims in multiple territorial
jurisdictions are filed in
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California Penal Code Section 785
When the offense of incest is committed in the jurisdictional
territory of one competent court and the defendant is apprehended in
the jurisdictional
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California Penal Code Section 786
(a) When property taken in one jurisdictional territory by
burglary, carjacking, robbery, theft, or embezzlement has been
brought into another, or...
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California Penal Code Section 787
When multiple offenses punishable under one or more of
Sections 11418, 11418.5, and 11419 occur in more than one
jurisdictional territory, and the...
|
California Penal Code Section 788
The jurisdiction of a criminal action for treason, when the
overt act is committed out of the State, is in any county of the
State.
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California Penal Code Section 789
The jurisdiction of a criminal action for stealing or
embezzling, in any other state, the property of another, or receiving
it knowing it to have...
|
California Penal Code Section 790
(a) The jurisdiction of a criminal action for murder or
manslaughter is in the county where the fatal injury was inflicted or
in the county in which...
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California Penal Code Section 791
In the case of an accessory, as defined in Section 32, in the
commission of a public offense, the jurisdiction is in any competent
court within the...
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California Penal Code Section 792
The jurisdiction of a criminal action against a principal in
the commission of a public offense, when such principal is not
present at the commission
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California Penal Code Section 793
When an act charged as a public offense is within the
jurisdiction of the United States, or of another state or territory
of the United States, as...
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California Penal Code Section 793.5
Any person convicted of a crime based upon an act or
omission for which he or she has been acquitted or convicted in
another country shall be...
|
California Penal Code Section 794
Where an offense is within the jurisdiction of two or more
courts, a conviction or acquittal thereof in one court is a bar to a
prosecution therefor...
|
California Penal Code Section 795
The jurisdiction of a violation of Sections 412, 413, or 414,
or a conspiracy to violate any of said sections, is in any competent
court within the...
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California Penal Code Section 799
Prosecution for an offense punishable by death or by
imprisonment in the state prison for life or for life without the
possibility of parole, or for...
|
California Penal Code Section 800
Except as provided in Section 799, prosecution for an offense
punishable by imprisonment in the state prison for eight years or
more shall be...
|
California Penal Code Section 801
Except as provided in Sections 799 and 800, prosecution for an
offense punishable by imprisonment in the state prison shall be
commenced within three
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California Penal Code Section 801.1
(a) Notwithstanding any other limitation of time described
in this chapter, prosecution for a felony offense described in
Section 261, 286, 288,...
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California Penal Code Section 801.2
Notwithstanding any other limitation of time prescribed in
this chapter, prosecution for a violation of subdivision (b) of
Section 311.4 shall...
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California Penal Code Section 801.5
Notwithstanding Section 801 or any other provision of law,
prosecution for any offense described in subdivision (c) of Section
803 shall be...
|
California Penal Code Section 801.6
Notwithstanding any other limitation of time described in
this chapter, prosecution for any offense proscribed by Section 368,
except for a violation
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California Penal Code Section 802
(a) Except as provided in subdivision (b), (c), or (d),
prosecution for an offense not punishable by death or imprisonment in
the state prison shall...
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California Penal Code Section 803
(a) Except as provided in this section, a limitation of time
prescribed in this chapter is not tolled or extended for any reason.
(b) No time...
|
California Penal Code Section 803.5
With respect to a violation of Section 115 or 530.5, a
limitation of time prescribed in this chapter does not commence to
run until the discovery of...
|
California Penal Code Section 803.6
(a) If more than one time period described in this chapter
applies, the time for commencing an action shall be governed by that
period that expires...
|
California Penal Code Section 804
Except as otherwise provided in this chapter, for the purpose
of this chapter, prosecution for an offense is commenced when any of
the following...
|
California Penal Code Section 805
For the purpose of determining the applicable limitation of
time pursuant to this chapter:
(a) An offense is deemed punishable by the maximum...
|
California Penal Code Section 806
A proceeding for the examination before a magistrate of a
person on a charge of a felony must be commenced by written complaint
under oath subscribed
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California Penal Code Section 807
A magistrate is an officer having power to issue a warrant for
the arrest of a person charged with a public offense.
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California Penal Code Section 808
The following persons are magistrates:
(a) The judges of the Supreme Court.
(b) The judges of the courts of appeal.
(c) The judges of the...
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California Penal Code Section 809
The night-time commissioner of the Santa Clara County Superior
Court shall be considered a magistrate for the purpose of conducting
prompt probable...
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California Penal Code Section 810
(a) The presiding judge of the superior court in a county
shall, as often as is necessary, designate on a schedule not less
than one judge of the...
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California Penal Code Section 813
(a) When a complaint is filed with a magistrate charging a
felony originally triable in the superior court of the county in
which he or she sits, if,
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California Penal Code Section 814
A warrant of arrest issued under Section 813 may be in
substantially the following form:
County of ____
The people of the State of California...
|
California Penal Code Section 815
A warrant of arrest shall specify the name of the defendant
or, if it is unknown to the magistrate, judge, justice, or other
issuing authority, the...
|
California Penal Code Section 815a
At the time of issuing a warrant of arrest, the magistrate
shall fix the amount of bail which in his judgment in accordance with
the provisions of...
|
California Penal Code Section 816
A warrant of arrest shall be directed generally to any peace
officer, or to any public officer or employee authorized to serve
process where the...
|
California Penal Code Section 816a
A summons issued pursuant to Section 813 shall be served by
any peace officer, or any public officer or employee authorized to
serve process when the
|
California Penal Code Section 817
(a) (1) When a declaration of probable cause is made by a
peace officer of this state, in accordance with subdivision (b) or
(c), the magistrate, if,
|
California Penal Code Section 817.5
(a) On or after June 30, 2001, upon the issuance of any
arrest warrant, the issuing law enforcement agency may enter the
warrant information into the
|
California Penal Code Section 818
In any case in which a peace officer serves upon a person a
warrant of arrest for a misdemeanor offense under the Vehicle Code or
under any local...
|
California Penal Code Section 821
If the offense charged is a felony, and the arrest occurs in
the county in which the warrant was issued, the officer making the
arrest must take the...
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California Penal Code Section 822
If the offense charged is a misdemeanor, and the defendant is
arrested in another county, the officer must, without unnecessary
delay, inform the...
|
California Penal Code Section 823
On taking the bail, the magistrate must certify that fact on
the warrant, and deliver the warrant to the officer having charge of
the defendant. The
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California Penal Code Section 824
When an adult willfully misrepresents himself or herself to be
a minor under 18 years of age when taken into custody and this
misrepresentation...
|
California Penal Code Section 825
(a) (1) Except as provided in paragraph (2), the defendant
shall in all cases be taken before the magistrate without unnecessary
delay, and, in any...
|
California Penal Code Section 825.5
Any physician and surgeon, including a psychiatrist,
licensed to practice in this state, or any psychologist licensed to
practice in this state who...
|
California Penal Code Section 826
If on a warrant issued under Section 813 or 817 the defendant
is brought before a magistrate other than the one who issued the
warrant, the complaint
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California Penal Code Section 827
When a complaint is filed with a magistrate of the commission
of a felony originally triable in the superior court of another
county of the state...
|
California Penal Code Section 827.1
A person who is specified or designated in a warrant of
arrest for a misdemeanor offense may be released upon the issuance of
a citation, in lieu of...
|
California Penal Code Section 828
The officer who executes the warrant must take the defendant
before the nearest or most accessible magistrate of the county in
which the offense is...
|
California Penal Code Section 829
When a complaint is filed with a magistrate of the commission
of a misdemeanor or infraction triable in another county of the state
than that in...
|
California Penal Code Section 830
Any person who comes within the provisions of this chapter and
who otherwise meets all standards imposed by law on a peace officer
is a peace...
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California Penal Code Section 830.1
(a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police of a city or
chief, director, or chief...
|
California Penal Code Section 830.2
The following persons are peace officers whose authority
extends to any place in the state:
(a) Any member of the Department of the California...
|
California Penal Code Section 830.3
The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when...
|
California Penal Code Section 830.31
The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when...
|
California Penal Code Section 830.32
The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when...
|
California Penal Code Section 830.33
The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when...
|
California Penal Code Section 830.34
The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when...
|
California Penal Code Section 830.35
The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when...
|
California Penal Code Section 830.36
The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when...
|
California Penal Code Section 830.37
The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when...
|
California Penal Code Section 830.38
The officers of a state hospital under the jurisdiction of
the State Department of Mental Health or the State Department of
Developmental Services...
|
California Penal Code Section 830.39
(a) Any regularly employed law enforcement officer of the
Oregon State Police, the Nevada Department of Motor Vehicles and
Public Safety, or the...
|
California Penal Code Section 830.4
The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
duties under the...
|
California Penal Code Section 830.5
The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their...
|
California Penal Code Section 830.55
(a) As used in this section, a correctional officer is a
peace officer, employed by a city, county, or city and county which
operates a facility...
|
California Penal Code Section 830.6
(a) (1) Whenever any qualified person is deputized or
appointed by the proper authority as a reserve or auxiliary sheriff
or city police officer, a...
|
California Penal Code Section 830.65
(a) Any person who is a regularly employed police officer
of a city or a regularly employed deputy sheriff of a county, or a
reserve peace officer of
|
California Penal Code Section 830.7
The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 during the course...
|
California Penal Code Section 830.8
(a) Federal criminal investigators and law enforcement
officers are not California peace officers, but may exercise the
powers of arrest of a peace...
|
California Penal Code Section 830.9
Animal control officers are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power to...
|
California Penal Code Section 830.10
Any uniformed peace officer shall wear a badge, nameplate,
or other device which bears clearly on its face the identification
number or name of the...
|
California Penal Code Section 830.11
(a) The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 and the power...
|
California Penal Code Section 830.12
Notwithstanding any other provision of law, persons
designated by a local agency as litter control officers, vehicle
abatement officers, registered...
|
California Penal Code Section 830.13
(a) The following persons are not peace officers but may
exercise the power to serve warrants as specified in Sections 1523
and 1530 during the...
|
California Penal Code Section 830.14
(a) A local or regional transit agency or a joint powers
agency operating rail service identified in an implementation program
adopted pursuant to...
|
California Penal Code Section 831
(a) A custodial officer is a public officer, not a peace
officer, employed by a law enforcement agency of a city or county who
has the authority and...
|
California Penal Code Section 831.4
(a) A sheriff's or police security officer is a public
officer, employed by the sheriff of a county or police chief of a
city, whose primary duty is...
|
California Penal Code Section 831.5
(a) As used in this section, a custodial officer is a public
officer, not a peace officer, employed by a law enforcement agency
of San Diego County,...
|
California Penal Code Section 831.6
(a) A transportation officer is a public officer, not a
peace officer, appointed on a contract basis by a peace officer to
transport a prisoner or...
|
California Penal Code Section 831.7
(a) As used in this section, a custody assistant is a person
who is a full-time employee, not a peace officer, employed by the
county sheriff's...
|
California Penal Code Section 832
(a) Every person described in this chapter as a peace officer
shall satisfactorily complete an introductory course of training
prescribed by the...
|
California Penal Code Section 832.05
(a) Each state or local department or agency that employs
peace officers shall utilize a person meeting the requirements set
forth in subdivision (f)
|
California Penal Code Section 832.1
Any airport security officer, airport policeman, or airport
special officer, regularly employed and paid by a city, county, city
and county, or...
|
California Penal Code Section 832.2
Every school police reserve officer, as described in Section
38000 of the Education Code, shall complete a course of training
approved by the...
|
California Penal Code Section 832.25
(a) Notwithstanding any other provision of law, all welfare
fraud investigators or inspectors who are appointed as peace
officers pursuant to...
|
California Penal Code Section 832.3
(a) Except as provided in subdivision (e), any sheriff,
undersheriff, or deputy sheriff of a county, any police officer of a
city, and any police...
|
California Penal Code Section 832.4
(a) Any undersheriff or deputy sheriff of a county, any
police officer of a city, and any police officer of a district
authorized by statute to...
|
California Penal Code Section 832.5
(a) (1) Each department or agency in this state that employs
peace officers shall establish a procedure to investigate complaints
by members of the...
|
California Penal Code Section 832.6
(a) Every person deputized or appointed, as described in
subdivision (a) of Section 830.6, shall have the powers of a peace
officer only when the...
|
California Penal Code Section 832.7
(a) Peace officer or custodial officer personnel records and
records maintained by any state or local agency pursuant to Section
832.5, or...
|
California Penal Code Section 832.8
As used in Section 832.7, "personnel records" means any file
maintained under that individual's name by his or her employing
agency and containing...
|
California Penal Code Section 832.9
(a) A governmental entity employing a peace officer, as
defined in Section 830, judge, court commissioner, or an attorney
employed by the Department...
|
California Penal Code Section 832.15
(a) On and after October 1, 1993, the Department of Justice
shall notify a state or local agency as to whether an individual
applying for a position...
|
California Penal Code Section 832.16
(a) On and after October 1, 1993, the Department of Justice
shall notify a state or local agency employing a peace officer, as
defined by this...
|
California Penal Code Section 832.17
(a) Upon request by a state or local agency, the Department
of Justice shall notify the state or local agency as to whether an
individual employed as
|
California Penal Code Section 833
A peace officer may search for dangerous weapons any person
whom he has legal cause to arrest, whenever he has reasonable cause
to believe that the...
|
California Penal Code Section 833.2
(a) It is the intent of the Legislature to encourage law
enforcement and county child welfare agencies to develop protocols in
collaboration with...
|
California Penal Code Section 833.5
(a) In addition to any other detention permitted by law, if
a peace officer has reasonable cause to believe that a person has a
firearm or other...
|
California Penal Code Section 834
An arrest is taking a person into custody, in a case and in
the manner authorized by law. An arrest may be made by a peace
officer or by a private...
|
California Penal Code Section 834a
If a person has knowledge, or by the exercise of reasonable
care, should have knowledge, that he is being arrested by a peace
officer, it is the duty
|
California Penal Code Section 834b
(a) Every law enforcement agency in California shall fully
cooperate with the United States Immigration and Naturalization
Service regarding any...
|
California Penal Code Section 834c
(a) (1) In accordance with federal law and the provisions of
this section, every peace officer, upon arrest and booking or
detention for more than...
|
California Penal Code Section 835
An arrest is made by an actual restraint of the person, or by
submission to the custody of an officer. The person arrested may be
subjected to such...
|
California Penal Code Section 835a
Any peace officer who has reasonable cause to believe that
the person to be arrested has committed a public offense may use
reasonable force to...
|
California Penal Code Section 836
(a) A peace officer may arrest a person in obedience to a
warrant, or, pursuant to the authority granted to him or her by
Chapter 4.5 (commencing...
|
California Penal Code Section 836.1
When a person commits an assault or battery against the
person of a firefighter, emergency medical technician, or mobile
intensive care paramedic...
|
California Penal Code Section 836.3
A peace officer may make an arrest in obedience to a warrant
delivered to him, or may, without a warrant, arrest a person who,
while charged with or...
|
California Penal Code Section 836.5
(a) A public officer or employee, when authorized by
ordinance, may arrest a person without a warrant whenever the officer
or employee has reasonable
|
California Penal Code Section 836.6
(a) It is unlawful for any person who is remanded by a
magistrate or judge of any court in this state to the custody of a
sheriff, marshal, or other...
|
California Penal Code Section 837
A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed...
|
California Penal Code Section 838
A magistrate may orally order a peace officer or private
person to arrest any one committing or attempting to commit a public
offense in the presence
|
California Penal Code Section 839
Any person making an arrest may orally summon as many persons
as he deems necessary to aid him therein.
|
California Penal Code Section 840
An arrest for the commission of a felony may be made on any
day and at any time of the day or night. An arrest for the
commission of a misdemeanor...
|
California Penal Code Section 841
The person making the arrest must inform the person to be
arrested of the intention to arrest him, of the cause of the arrest,
and the authority to...
|
California Penal Code Section 841.5
(a) Except as otherwise required by Chapter 10 (commencing
with Section 1054) of Title 7, or by the United States Constitution
or the California...
|
California Penal Code Section 842
An arrest by a peace officer acting under a warrant is lawful
even though the officer does not have the warrant in his possession
at the time of the...
|
California Penal Code Section 843
When the arrest is being made by an officer under the
authority of a warrant, after information of the intention to make
the arrest, if the person to
|
California Penal Code Section 844
To make an arrest, a private person, if the offense is a
felony, and in all cases a peace officer, may break open the door or
window of the house in...
|
California Penal Code Section 845
Any person who has lawfully entered a house for the purpose of
making an arrest, may break open the door or window thereof if
detained therein, when...
|
California Penal Code Section 846
Any person making an arrest may take from the person arrested
all offensive weapons which he may have about his person, and must
deliver them to the...
|
California Penal Code Section 847
(a) A private person who has arrested another for the
commission of a public offense must, without unnecessary delay, take
the person arrested before
|
California Penal Code Section 847.5
If a person has been admitted to bail in another state,
escapes bail, and is present in this State, the bail bondsman or
other person who is bail for
|
California Penal Code Section 848
An officer making an arrest, in obedience to a warrant, must
proceed with the person arrested as commanded by the warrant, or as
provided by law.
|
California Penal Code Section 849
(a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, without...
|
California Penal Code Section 849.5
In any case in which a person is arrested and released and
no accusatory pleading is filed charging him with an offense, any
record of arrest of the...
|
California Penal Code Section 850
(a) A telegraphic copy of a warrant or an abstract of a
warrant may be sent by telegraph, teletype, or any other electronic
devices, to one or more...
|
California Penal Code Section 851
Every officer causing telegraphic copies or abstracts of
warrants to be sent, must certify as correct, and file in the
telegraphic office from which...
|
California Penal Code Section 851.5
(a) Immediately upon being booked, and, except where
physically impossible, no later than three hours after arrest, an
arrested person has the right...
|
California Penal Code Section 851.6
(a) In any case in which a person is arrested and released
pursuant to paragraph (1) or (3) of subdivision (b) of Section 849,
the person shall be...
|
California Penal Code Section 851.7
(a) Any person who has been arrested for a misdemeanor, with
or without a warrant, while a minor, may, during or after minority,
petition the court...
|
California Penal Code Section 851.8
(a) In any case where a person has been arrested and no
accusatory pleading has been filed, the person arrested may petition
the law enforcement...
|
California Penal Code Section 851.85
Whenever a person is acquitted of a charge and it appears
to the judge presiding at the trial wherein such acquittal occurred
that the defendant was...
|
California Penal Code Section 851.90
(a) (1) Whenever a person is diverted pursuant to a drug
diversion program administered by a superior court pursuant to
Section 1000.5 or is admitted
|
California Penal Code Section 852
This chapter may be cited as the Uniform Act on Fresh Pursuit.
|
California Penal Code Section 852.1
As used in this chapter:
(a) "State" means any State of the United States and the District
of Columbia.
(b) "Peace officer" means any peace...
|
California Penal Code Section 852.2
Any peace officer of another State, who enters this State in
fresh pursuit, and continues within this State in fresh pursuit, of
a person in order to
|
California Penal Code Section 852.3
If an arrest is made in this State by a peace officer of
another State in accordance with the provisions of section 852.2 of
this code, he shall...
|
California Penal Code Section 852.4
Section 852.2 of this code shall not be construed so as to
make unlawful any arrest in this State which would otherwise be
lawful.
|
California Penal Code Section 853.1
(a) Pursuant to the authority vested in this state by
Section 112 of Title 4 of the United States Code, the Legislature of
the State of California...
|
California Penal Code Section 853.2
(a) All courts and officers now or hereafter having and
exercising jurisdiction in any county which is now or may hereafter
be formed in any part of...
|
California Penal Code Section 853.3
(a) Pursuant to the authority vested in this state by
Section 112 of Title 4 of the United States Code, the Legislature of
the State of California...
|
California Penal Code Section 853.4
(a) As used in this compact, unless the context otherwise
requires, "party state" means a state that has enacted this compact.
(b) If conduct is...
|
California Penal Code Section 853.5
(a) Except as otherwise provided by law, in any case in
which a person is arrested for an offense declared to be an
infraction, the person may be...
|
California Penal Code Section 853.6
(a) In any case in which a person is arrested for an offense
declared to be a misdemeanor, including a violation of any city or
county ordinance, and
|
California Penal Code Section 853.6a
(a) Except as provided in subdivision (b), if the person
arrested appears to be under the age of 18 years, and the arrest is
for a violation listed...
|
California Penal Code Section 853.7
Any person who willfully violates his or her written promise
to appear or a lawfully granted continuance of his or her promise to
appear in court is...
|
California Penal Code Section 853.7a
(a) In addition to the fees authorized or required by any
other provision of law, a county may, by resolution of the board of
supervisors, require...
|
California Penal Code Section 853.8
When a person signs a written promise to appear at the time
and place specified in the written promise to appear and has not
posted bail as provided...
|
California Penal Code Section 853.85
This chapter shall not apply in any case where a person is
arrested for an offense declared to be a felony.
|
California Penal Code Section 853.9
(a) Whenever written notice to appear has been prepared,
delivered, and filed by an officer or the prosecuting attorney with
the court pursuant to...
|
California Penal Code Section 854
If a person arrested escape or is rescued, the person from
whose custody he escaped or was rescued, may immediately pursue and
retake him at any time
|
California Penal Code Section 855
To retake the person escaping or rescued, the person pursuing
may break open an outer or inner door or window of a dwelling house,
if, after notice...
|
California Penal Code Section 858
When the defendant is brought before the magistrate upon an
arrest, either with or without warrant, on a charge of having
committed a public offense,
|
California Penal Code Section 858.5
(a) In any case in which a defendant is, on his demand,
brought before a magistrate pursuant to Section 822 after arrest for
a misdemeanor Vehicle...
|
California Penal Code Section 858.7
(a) In any case in which the defendant has been convicted of
a misdemeanor and is serving a sentence as a result of such
conviction and there has...
|
California Penal Code Section 859
When the defendant is charged with the commission of a felony
by a written complaint subscribed under oath and on file in a court
within the county...
|
California Penal Code Section 859.1
(a) In any criminal proceeding in which the defendant is
charged with any offense specified in Section 868.8 on a minor under
the age of 16 years, or
|
California Penal Code Section 859a
(a) If the public offense charged is a felony not punishable
with death, the magistrate shall immediately upon the appearance of
counsel for the...
|
California Penal Code Section 859b
At the time the defendant appears before the magistrate for
arraignment, if the public offense is a felony to which the defendant
has not pleaded...
|
California Penal Code Section 859c
Procedures under this code that provide for superior court
review of a challenged ruling or order made by a superior court judge
or a magistrate...
|
California Penal Code Section 860
At the time set for the examination of the case, if the public
offense is a felony punishable with death, or is a felony to which
the defendant has...
|
California Penal Code Section 861
(a) The preliminary examination shall be completed at one
session or the complaint shall be dismissed, unless the magistrate,
for good cause shown by
|
California Penal Code Section 861.5
Notwithstanding subdivision (a) of Section 861, the
magistrate may postpone the preliminary examination for one court day
in order to accommodate the
|
California Penal Code Section 862
If a postponement is had, the magistrate must commit the
defendant for examination, admit him to bail or discharge him from
custody upon the deposit...
|
California Penal Code Section 863
The commitment for examination is made by an indorsement,
signed by the magistrate on the warrant of arrest, to the following
effect: "The within...
|
California Penal Code Section 864
At the examination, the magistrate must first read to the
defendant the depositions of the witnesses examined on taking the
information.
|
California Penal Code Section 865
The witnesses must be examined in the presence of the
defendant, and may be cross-examined in his behalf.
|
California Penal Code Section 866
(a) When the examination of witnesses on the part of the
people is closed, any witness the defendant may produce shall be
sworn and examined.
Upon
|
California Penal Code Section 866.5
The defendant may not be examined at the examination, unless
he is represented by counsel, or unless he waives his right to
counsel after being...
|
California Penal Code Section 867
While a witness is under examination, the magistrate shall,
upon motion of either party, exclude all potential and actual witness
who have not been...
|
California Penal Code Section 868
The examination shall be open and public. However, upon the
request of the defendant and a finding by the magistrate that
exclusion of the public is
|
California Penal Code Section 868.5
(a) Notwithstanding any other law, a prosecuting witness in
a case involving a violation of Section 187, 203, 205, 207, 211, 215,
220, 240, 242,...
|
California Penal Code Section 868.6
(a) It is the purpose of this section to provide a
nonthreatening environment for minors involved in the judicial system
in order to better enable...
|
California Penal Code Section 868.7
(a) Notwithstanding any other provision of law, the
magistrate may, upon motion of the prosecutor, close the examination
in the manner described in...
|
California Penal Code Section 868.8
Notwithstanding any other provision of law, in any criminal
proceeding in which the defendant is charged with a violation of
Section 243.4, 261,...
|
California Penal Code Section 869
The testimony of each witness in cases of homicide shall be
reduced to writing, as a deposition, by the magistrate, or under his
or her direction,...
|
California Penal Code Section 870
The magistrate or his or her clerk shall keep the depositions
taken on the information or the examination, until they are returned
to the proper...
|
California Penal Code Section 871
If, after hearing the proofs, it appears either that no public
offense has been committed or that there is not sufficient cause to
believe the...
|
California Penal Code Section 871.5
(a) When an action is dismissed by a magistrate pursuant to
Section 859b, 861, 871, 1008, 1381, 1381.5, 1385, 1387, or 1389 of
this code or Section...
|
California Penal Code Section 871.6
If in a felony case the magistrate sets the preliminary
examination beyond the time specified in Section 859b, in violation
of Section 859b, or...
|
California Penal Code Section 872
(a) If, however, it appears from the examination that a public
offense has been committed, and there is sufficient cause to believe
that the...
|
California Penal Code Section 872.5
Notwithstanding Article 1 (commencing with Section 1520) of
Chapter 2 of Division 11 of the Evidence Code, in a preliminary
examination the content...
|
California Penal Code Section 873
If the offense is not bailable, the following words must be
added to the indorsement: "And he is hereby committed to the Sheriff
of the County of...
|
California Penal Code Section 875
If the offense is bailable, and the defendant is admitted to
bail, the following words must be added to the order, "and that he be
admitted to bail...
|
California Penal Code Section 876
If the magistrate order the defendant to be committed, he must
make out a commitment, signed by him, with his name of office, and
deliver it, with...
|
California Penal Code Section 877
The commitment must be to the following effect except when it
is made under the provisions of section 859a of this code.
County of ____ (as the...
|
California Penal Code Section 877a
When the commitment is made under the provisions of section
859a of this code, it must be made to the following effect:
County of ____ (as the...
|
California Penal Code Section 878
On holding the defendant to answer or on a plea of guilty
where permitted by law, the magistrate may take from each of the
material witnesses...
|
California Penal Code Section 879
When the magistrate or a Judge of the Court in which the
action is pending is satisfied, by proof on oath, that there is
reason to believe that any...
|
California Penal Code Section 880
Infants who are material witnesses against the defendant may
be required to procure sureties for their appearance, as provided in
the last section.
|
California Penal Code Section 881
(a) If a witness, required to enter into an undertaking to
appear and testify, either with or without sureties, refuses
compliance with the order for
|
California Penal Code Section 882
When, however, it satisfactorily appears by examination, on
oath of the witness, or any other person, that the witness is unable
to procure sureties,
|
California Penal Code Section 883
When a magistrate has discharged a defendant, or has held him
to answer, he must return, without delay, to the Clerk of the Court
at which the...
|
California Penal Code Section 888
A grand jury is a body of the required number of persons
returned from the citizens of the county before a court of competent
jurisdiction, and sworn
|
California Penal Code Section 888.2
As used in this title as applied to a grand jury, "required
number" means:
(a) Twenty-three in a county having a population exceeding
4,000,000.
|
California Penal Code Section 889
An indictment is an accusation in writing, presented by the
grand jury to a competent court, charging a person with a public
offense.
|
California Penal Code Section 890
Unless a higher fee or rate of mileage is otherwise provided
by statute or county or city and county ordinance, the fees for grand
jurors are fifteen
|
California Penal Code Section 890.1
The per diem and mileage of grand jurors where allowed by
law shall be paid by the treasurer of the county out of the general
fund of the county upon
|
California Penal Code Section 891
Every person who, by any means whatsoever, willfully and
knowingly, and without knowledge and consent of the grand jury,
records, or attempts to...
|
California Penal Code Section 892
The grand jury may proceed against a corporation.
|
California Penal Code Section 893
(a) A person is competent to act as a grand juror only if he
possesses each of the following qualifications:
(1) He is a citizen of the United...
|
California Penal Code Section 894
Sections 204, 218, and 219 of the Code of Civil Procedure
specify the exemptions and the excuses which relieve a person from
liability to serve as a...
|
California Penal Code Section 895
During the month preceding the beginning of the fiscal year of
the county, the superior court of each county shall make an order
designating the...
|
California Penal Code Section 896
(a) Immediately after an order is made pursuant to Section
895, the court shall select the grand jurors required by personal
interview for the...
|
California Penal Code Section 898
The list of grand jurors made in a county having a population
in excess of four million shall contain the number of persons which
has been designated
|
California Penal Code Section 899
The names for the grand jury list shall be selected from the
different wards, judicial districts, or supervisorial districts of
the respective...
|
California Penal Code Section 900
On receiving the list of persons selected by the court, the
jury commissioner shall file it in the jury commissioner's office and
have the list,...
|
California Penal Code Section 901
(a) The persons whose names are so returned shall be known as
regular jurors, and shall serve for one year and until other persons
are selected and...
|
California Penal Code Section 902
The names of persons drawn for grand jurors shall be drawn
from the grand jury box by withdrawing either the pieces of paper
placed therein pursuant...
|
California Penal Code Section 903.1
Pursuant to written rules or instructions adopted by a
majority of the judges of the superior court of the county, the jury
commissioner shall...
|
California Penal Code Section 903.2
The jury commissioner shall diligently inquire and inform
himself or herself in respect to the qualifications of persons
resident in his or her...
|
California Penal Code Section 903.3
Pursuant to the rules or instructions adopted by a majority
of the judges of the superior court, the jury commissioner shall
return to the judges the
|
California Penal Code Section 903.4
The judges are not required to select any names from the
list returned by the jury commissioner, but may, if in their
judgement the due...
|
California Penal Code Section 904
Every superior court, whenever in its opinion the public
interest so requires, shall make and file with the jury commissioner
an order directing a...
|
California Penal Code Section 904.4
(a) In any county having a population of more than 370,000
but less than 400,000 as established by Section 28020 of the
Government Code, the...
|
California Penal Code Section 904.8
(a) Notwithstanding subdivision (a) of Section 904.6 or any
other provision, in the County of Los Angeles, the presiding judge of
the superior court,
|
California Penal Code Section 905
In all counties there shall be at least one grand jury drawn
and impaneled in each year.
|
California Penal Code Section 905.5
(a) Except as otherwise provided in subdivision (b), the
grand jury shall be impaneled and serve during the fiscal year of the
county in the manner...
|
California Penal Code Section 906
The order shall designate the time at which the drawing will
take place. The names of the grand jurors shall be drawn, and the
list of names...
|
California Penal Code Section 907
Any grand juror summoned, who willfully and without reasonable
excuse fails to attend, may be attached and compelled to attend and
the court may also
|
California Penal Code Section 908
If the required number of the persons summoned as grand jurors
are present and not excused, the required number shall constitute
the grand jury. If...
|
California Penal Code Section 908.1
When, after the grand jury consisting of the required number
of persons has been impaneled pursuant to law, the membership is
reduced for any reason,
|
California Penal Code Section 908.2
(a) Upon the decision of the superior court pursuant to
Section 901 to adopt this method of selecting grand jurors, when the
required number of...
|
California Penal Code Section 909
Before accepting a person drawn as a grand juror, the court
shall be satisfied that such person is duly qualified to act as such
juror. When a...
|
California Penal Code Section 910
No challenge shall be made or allowed to the panel from which
the grand jury is drawn, nor to an individual grand juror, except
when made by the...
|
California Penal Code Section 911
The following oath shall be taken by each member of the grand
jury: "I do solemnly swear (affirm) that I will support the
Constitution of the United
|
California Penal Code Section 912
From the persons summoned to serve as grand jurors and
appearing, the court shall appoint a foreman. The court shall also
appoint a foreman when the
|
California Penal Code Section 913
If a grand jury is not in existence, the Attorney General may
demand the impaneling of a grand jury by those charged with the duty
to do so, and upon
|
California Penal Code Section 914
(a) When the grand jury is impaneled and sworn, it shall be
charged by the court. In doing so, the court shall give the grand
jurors such...
|
California Penal Code Section 914.1
When a grand jury is impaneled, for purposes which include
the investigation of, or inquiry into, county matters of civil
concern, the judge of the...
|
California Penal Code Section 914.5
The grand jury shall not spend money or incur obligations in
excess of the amount budgeted for its investigative activities
pursuant to this chapter...
|
California Penal Code Section 915
When the grand jury has been impaneled, sworn, and charged, it
shall retire to a private room, except when operating under a
finding pursuant to...
|
California Penal Code Section 916
Each grand jury shall choose its officers, except the foreman,
and shall determine its rules of proceeding. Adoption of its rules
of procedure and...
|
California Penal Code Section 916.1
If the foreman of a grand jury is absent from any meeting or
if he is disqualified to act, the grand jury may select a member of
that body to act as...
|
California Penal Code Section 917
The grand jury may inquire into all public offenses committed
or triable within the county and present them to the court by
indictment.
|
California Penal Code Section 918
If a member of a grand jury knows, or has reason to believe,
that a public offense, triable within the county, has been committed,
he may declare it...
|
California Penal Code Section 919
(a) The grand jury may inquire into the case of every person
imprisoned in the jail of the county on a criminal charge and not
indicted.
(b) The...
|
California Penal Code Section 920
The grand jury may investigate and inquire into all sales and
transfers of land, and into the ownership of land, which, under the
state laws, might...
|
California Penal Code Section 921
The grand jury is entitled to free access, at all reasonable
times, to the public prisons, and to the examination, without charge,
of all public...
|
California Penal Code Section 922
The powers and duties of the grand jury in connection with
proceedings for the removal of district, county, or city officers are
prescribed in...
|
California Penal Code Section 923
(a) Whenever the Attorney General considers that the public
interest requires, he or she may, with or without the concurrence of
the district...
|
California Penal Code Section 924
Every grand juror who willfully discloses the fact of an
information or indictment having been made for a felony, until the
defendant has been...
|
California Penal Code Section 924.1
(a) Every grand juror who, except when required by a court,
willfully discloses any evidence adduced before the grand jury, or
anything which he...
|
California Penal Code Section 924.2
Each grand juror shall keep secret whatever he himself or
any other grand juror has said, or in what manner he or any other
grand juror has voted on...
|
California Penal Code Section 924.3
A grand juror cannot be questioned for anything he may say
or any vote he may give in the grand jury relative to a matter
legally pending before the...
|
California Penal Code Section 924.4
Notwithstanding the provisions of Sections 924.1 and 924.2,
any grand jury or, if the grand jury is no longer impaneled, the
presiding judge of the...
|
California Penal Code Section 924.6
If no indictment is returned, the court that impaneled the
grand jury shall, upon application of either party, order disclosure
of all or part of the
|
California Penal Code Section 925
The grand jury shall investigate and report on the operations,
accounts, and records of the officers, departments, or functions of
the county...
|
California Penal Code Section 925a
The grand jury may at any time examine the books and records
of any incorporated city or joint powers agency located in the
county. In addition to...
|
California Penal Code Section 926
(a) If, in the judgment of the grand jury, the services of one
or more experts are necessary for the purposes of Sections 925,
925a, 928, 933.1, and...
|
California Penal Code Section 927
A grand jury may, and when requested by the board of
supervisors shall, investigate and report upon the needs for increase
or decrease in salaries of
|
California Penal Code Section 928
Every grand jury may investigate and report upon the needs of
all county officers in the county, including the abolition or
creation of offices and...
|
California Penal Code Section 929
As to any matter not subject to privilege, with the approval
of the presiding judge of the superior court or the judge appointed
by the presiding...
|
California Penal Code Section 930
If any grand jury shall, in the report above mentioned,
comment upon any person or official who has not been indicted by such
grand jury such...
|
California Penal Code Section 931
All expenses of the grand jurors incurred under this article
shall be paid by the treasurer of the county out of the general fund
of the county upon...
|
California Penal Code Section 932
After investigating the books and accounts of the various
officials of the county, as provided in the foregoing sections of
this article, the grand...
|
California Penal Code Section 933
(a) Each grand jury shall submit to the presiding judge of the
superior court a final report of its findings and recommendations
that pertain to...
|
California Penal Code Section 933.05
(a) For purposes of subdivision (b) of Section 933, as to
each grand jury finding, the responding person or entity shall
indicate one of the...
|
California Penal Code Section 933.06
(a) Notwithstanding Sections 916 and 940, in a county
having a population of 20,000 or less, a final report may be adopted
and submitted pursuant to...
|
California Penal Code Section 933.1
A grand jury may at any time examine the books and records
of a redevelopment agency, a housing authority, created pursuant to
Division 24...
|
California Penal Code Section 933.5
A grand jury may at any time examine the books and records
of any special-purpose assessing or taxing district located wholly or
partly in the county
|
California Penal Code Section 933.6
A grand jury may at any time examine the books and records
of any nonprofit corporation established by or operated on behalf of
a public entity the...
|
California Penal Code Section 924.2
Each grand juror shall keep secret whatever he himself or
any other grand juror has said, or in what manner he or any other
grand juror has voted on...
|
California Penal Code Section 924.3
A grand juror cannot be questioned for anything he may say
or any vote he may give in the grand jury relative to a matter
legally pending before the...
|
California Penal Code Section 924.4
Notwithstanding the provisions of Sections 924.1 and 924.2,
any grand jury or, if the grand jury is no longer impaneled, the
presiding judge of the...
|
California Penal Code Section 924.6
If no indictment is returned, the court that impaneled the
grand jury shall, upon application of either party, order disclosure
of all or part of the
|
California Penal Code Section 934
(a) The grand jury may, at all times, request the advice of
the court, or the judge thereof, the district attorney, the county
counsel, or the...
|
California Penal Code Section 935
The district attorney of the county may at all times appear
before the grand jury for the purpose of giving information or advice
relative to any...
|
California Penal Code Section 936
When requested so to do by the grand jury of any county, the
Attorney General may employ special counsel and special
investigators, whose duty it...
|
California Penal Code Section 936.5
(a) When requested to do so by the grand jury of any county,
the presiding judge of the superior court may employ special counsel
and special...
|
California Penal Code Section 936.7
(a) In a county of the eighth class, as defined by Sections
28020 and 28029 of the Government Code, upon a request by the grand
jury, the presiding...
|
California Penal Code Section 937
The grand jury or district attorney may require by subpoena
the attendance of any person before the grand jury as interpreter.
While his services are
|
California Penal Code Section 938
(a) Whenever criminal causes are being investigated before the
grand jury, it shall appoint a competent stenographic reporter. He
shall be sworn and
|
California Penal Code Section 938.1
(a) If an indictment has been found or accusation presented
against a defendant, such stenographic reporter shall certify and
deliver to the clerk of
|
California Penal Code Section 938.2
(a) For preparing any transcript in any case pursuant to
subdivision (a) of Section 938.1, the stenographic reporter shall
draw no salary or fees...
|
California Penal Code Section 938.3
The services of the stenographic reporter shall constitute a
charge against the county, and the stenographic reporter shall be
compensated for...
|
California Penal Code Section 938.4
The superior court shall arrange for a suitable meeting room
and other support as the court determines is necessary for the grand
jury. Any costs...
|
California Penal Code Section 939
No person other than those specified in Article 3 (commencing
with Section 934), and in Sections 939.1, 939.11, and 939.21, and the
officer having...
|
California Penal Code Section 939.1
The grand jury acting through its foreman and the attorney
general or the district attorney may make a joint written request for
public sessions of...
|
California Penal Code Section 939.11
Any member of the grand jury who has a hearing, sight, or
speech disability may request an interpreter when his or her services
are necessary to...
|
California Penal Code Section 939.2
A subpoena requiring the attendance of a witness before the
grand jury may be signed and issued by the district attorney, his
investigator or, upon...
|
California Penal Code Section 939.21
(a) Any prosecution witness before the grand jury in a
proceeding involving a violation of Section 243.4, 261, 273a, 273d,
285, 286, 288, 288a,...
|
California Penal Code Section 939.3
In any investigation or proceeding before a grand jury for
any felony offense when a person refuses to answer a question or
produce evidence of any...
|
California Penal Code Section 939.4
The foreman may administer an oath to any witness appearing
before the grand jury.
|
California Penal Code Section 939.5
Before considering a charge against any person, the foreman
of the grand jury shall state to those present the matter to be
considered and the person
|
California Penal Code Section 939.6
(a) Subject to subdivision (b), in the investigation of a
charge, the grand jury shall receive no other evidence than what is:
(1) Given by...
|
California Penal Code Section 939.7
The grand jury is not required to hear evidence for the
defendant, but it shall weigh all the evidence submitted to it, and
when it has reason to...
|
California Penal Code Section 939.71
(a) If the prosecutor is aware of exculpatory evidence, the
prosecutor shall inform the grand jury of its nature and existence.
Once the prosecutor...
|
California Penal Code Section 939.8
The grand jury shall find an indictment when all the
evidence before it, taken together, if unexplained or uncontradicted,
would, in its judgment,...
|
California Penal Code Section 939.9
A grand jury shall make no report, declaration, or
recommendation on any matter except on the basis of its own
investigation of the matter made by...
|
California Penal Code Section 939.91
(a) A grand jury which investigates a charge against a
person, and as a result thereof cannot find an indictment against
such person, shall, at the...
|
California Penal Code Section 940
An indictment cannot be found without concurrence of at least
14 grand jurors in a county in which the required number of members
of the grand jury...
|
California Penal Code Section 943
When an indictment is found, the names of the witnesses
examined before the Grand Jury, or whose depositions may have been
read before them, must be...
|
California Penal Code Section 944
An indictment, when found by the grand jury, must be presented
by their foreman, in their presence, to the court, and must be filed
with the clerk. ...
|
California Penal Code Section 945
When an indictment is found against a defendant not in
custody, the same proceedings must be had as are prescribed in
Sections 979 to 984, inclusive,
|
California Penal Code Section 948
All the forms of pleading in criminal actions, and the rules
by which the sufficiency of pleadings is to be determined, are those
prescribed by this...
|
California Penal Code Section 949
The first pleading on the part of the people in the superior
court in a felony case is the indictment, information, or the
complaint in any case...
|
California Penal Code Section 950
The accusatory pleading must contain:
1. The title of the action, specifying the name of the court to
which the same is presented, and the names...
|
California Penal Code Section 951
An indictment or information may be in substantially the
following form: The people of the State of California against A. B.
In the superior court...
|
California Penal Code Section 952
In charging an offense, each count shall contain, and shall be
sufficient if it contains in substance, a statement that the accused
has committed...
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California Penal Code Section 953
When a defendant is charged by a fictitious or erroneous name,
and in any stage of the proceedings his true name is discovered, it
must be inserted...
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California Penal Code Section 954
An accusatory pleading may charge two or more different
offenses connected together in their commission, or different
statements of the same offense...
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California Penal Code Section 954.1
In cases in which two or more different offenses of the same
class of crimes or offenses have been charged together in the same
accusatory pleading,...
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California Penal Code Section 955
The precise time at which the offense was committed need not
be stated in the accusatory pleading, but it may be alleged to have
been committed at...
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California Penal Code Section 956
When an offense involves the commission of, or an attempt to
commit a private injury, and is described with sufficient certainty
in other respects to
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California Penal Code Section 957
The words used in an accusatory pleading are construed in
their usual acceptance in common language, except such words and
phrases as are defined by...
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California Penal Code Section 958
Words used in a statute to define a public offense need not be
strictly pursued in the accusatory pleading, but other words
conveying the same...
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California Penal Code Section 959
The accusatory pleading is sufficient if it can be understood
therefrom:
1. That it is filed in a court having authority to receive it,
though the
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California Penal Code Section 959.1
(a) Notwithstanding Sections 740, 806, 949, and 959 or any
other law to the contrary, a criminal prosecution may be commenced by
filing an accusatory
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California Penal Code Section 960
No accusatory pleading is insufficient, nor can the trial,
judgment, or other proceeding thereon be affected by reason of any
defect or imperfection...
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California Penal Code Section 961
Neither presumptions of law, nor matters of which judicial
notice is authorized or required to be taken, need be stated in an
accusatory pleading.
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California Penal Code Section 962
In pleading a judgment or other determination of, or
proceeding before, a Court or officer of special jurisdiction, it is
not necessary to state the...
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California Penal Code Section 963
In pleading a private statute, or an ordinance of a county or
a municipal corporation, or a right derived therefrom, it is
sufficient to refer to the
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California Penal Code Section 964
(a) In each county, the district attorney and the courts, in
consultation with any local law enforcement agencies that may desire
to provide...
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California Penal Code Section 965
When an instrument which is the subject of an indictment or
information for forgery has been destroyed or withheld by the act or
the procurement of...
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California Penal Code Section 966
In an accusatory pleading for perjury, or subornation of
perjury, it is sufficient to set forth the substance of the
controversy or matter in respect
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California Penal Code Section 967
In an accusatory pleading charging the theft of money, bank
notes, certificates of stock or valuable securities, or a conspiracy
to cheat or defraud...
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California Penal Code Section 968
An accusatory pleading charging exhibiting, publishing,
passing, selling, or offering to sell, or having in possession, with
such intent, any lewd or
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California Penal Code Section 969
In charging the fact of a previous conviction of felony, or of
an attempt to commit an offense which, if perpetrated, would have
been a felony, or of
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California Penal Code Section 969a
Whenever it shall be discovered that a pending indictment or
information does not charge all prior felonies of which the defendant
has been convicted
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California Penal Code Section 969b
For the purpose of establishing prima facie evidence of the
fact that a person being tried for a crime or public offense under
the laws of this State
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California Penal Code Section 969e
In charging the fact of a previous conviction for a violation
of Section 5652 of the Fish and Game Code, or of Section 13001 or
13002 of the Health...
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California Penal Code Section 969f
(a) Whenever a defendant has committed a serious felony as
defined in subdivision (c) of Section 1192.7, the facts that make the
crime constitute a...
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California Penal Code Section 969.5
(a) Whenever it shall be discovered that a pending complaint
to which a plea of guilty has been made under Section 859a does not
charge all prior...
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California Penal Code Section 970
When several defendants are named in one accusatory pleading,
any one or more may be convicted or acquitted.
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California Penal Code Section 971
The distinction between an accessory before the fact and a
principal, and between principals in the first and second degree is
abrogated; and all...
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California Penal Code Section 972
An accessory to the commission of a felony may be prosecuted,
tried, and punished, though the principal may be neither prosecuted
nor tried, and...
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California Penal Code Section 973
If the accusatory pleading in any criminal action has
heretofore been lost or destroyed or shall hereafter be lost or
destroyed, the court must, upon
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California Penal Code Section 976
(a) When the accusatory pleading is filed, the defendant shall
be arraigned thereon before the court in which it is filed, unless
the action is...
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California Penal Code Section 977
(a) (1) In all cases in which the accused is charged with a
misdemeanor only, he or she may appear by counsel only, except as
provided in paragraphs...
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California Penal Code Section 977.1
The resolution of questions of fact or issues of law by
trial or hearing which can be made without the assistance or
participation of the defendant...
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California Penal Code Section 977.2
(a) Notwithstanding Section 977 or any other law, in any
case in which the defendant is charged with a misdemeanor or a felony
and is currently...
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California Penal Code Section 978
When his personal appearance is necessary, if he is in
custody, the Court may direct and the officer in whose custody he is
must bring him before it...
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California Penal Code Section 978.5
(a) A bench warrant of arrest may be issued whenever a
defendant fails to appear in court as required by law including, but
not limited to, the...
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California Penal Code Section 979
If the defendant has been discharged on bail or has deposited
money or other property instead thereof, and does not appear to be
arraigned when his...
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California Penal Code Section 980
(a) At any time after the order for a bench warrant is made,
whether the court is sitting or not, the clerk may issue a bench
warrant to one or more...
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California Penal Code Section 981
The bench warrant must be substantially in the following form:
County of ____. The People of the State of California to any
Sheriff, Marshal, or
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California Penal Code Section 982
The defendant, when arrested under a warrant for an offense
not bailable, must be held in custody by the Sheriff of the county in
which the...
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California Penal Code Section 983
The bench warrant may be served in any county in the same
manner as a warrant of arrest.
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California Penal Code Section 984
If the defendant is brought before a magistrate of another
county for the purpose of giving bail, the magistrate must proceed in
respect thereto in...
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California Penal Code Section 985
When the information or indictment is for a felony, and the
defendant, before the filing thereof, has given bail for his
appearance to answer the...
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California Penal Code Section 986
If the defendant is present when the order is made, he must be
forthwith committed. If he is not present, a bench warrant must be
issued and...
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California Penal Code Section 987
(a) In a noncapital case, if the defendant appears for
arraignment without counsel, he or she shall be informed by the court
that it is his or her...
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California Penal Code Section 987.05
In assigning defense counsel in felony cases, whether it is
the public defender or private counsel, the court shall only assign
counsel who...
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California Penal Code Section 987.1
Counsel at the preliminary examination shall continue to
represent a defendant who has been ordered to stand trial for a
felony until the date set...
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California Penal Code Section 987.2
(a) In any case in which a person, including a person who is
a minor, desires but is unable to employ counsel, and in which
counsel is assigned in...
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California Penal Code Section 987.3
Whenever in this code a court-appointed attorney is entitled
to reasonable compensation and necessary expenses, the judge of the
court shall consider
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California Penal Code Section 987.4
When the public defender or an assigned counsel represents a
person who is a minor in a criminal proceeding, at the expense of a
county, the court...
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California Penal Code Section 987.5
(a) Every defendant shall be assessed a registration fee not
to exceed twenty-five dollars ($25) when represented by appointed
counsel. ...
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California Penal Code Section 987.6
(a) From any state moneys made available to it for such
purpose, the Department of Finance shall, pursuant to this section,
pay to the counties an...
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California Penal Code Section 987.8
(a) Upon a finding by the court that a defendant is entitled
to counsel but is unable to employ counsel, the court may hold a
hearing or, in its...
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California Penal Code Section 987.81
(a) In any case in which a defendant is provided legal
assistance, either through the public defender or private counsel
appointed by the court, upon
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California Penal Code Section 987.9
(a) In the trial of a capital case or a case under
subdivision (a) of Section 190.05, the indigent defendant, through
the defendant's counsel, may...
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California Penal Code Section 988
The arraignment must be made by the court, or by the clerk or
prosecuting attorney under its direction, and consists in reading the
accusatory...
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California Penal Code Section 989
When the defendant is arraigned, he must be informed that if
the name by which he is prosecuted is not his true name, he must then
declare his true...
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California Penal Code Section 990
If on the arraignment, the defendant requires it, the
defendant must be allowed a reasonable time to answer, which shall be
not less than one day in...
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California Penal Code Section 991
(a) If the defendant is in custody at the time he appears
before the magistrate for arraignment and, if the public offense is a
misdemeanor to which...
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California Penal Code Section 992
(a) In any case in which the defendant is charged with a
felony, the court, immediately following the arraignment in the
superior court, shall...
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California Penal Code Section 995
(a) Subject to subdivision (b) of Section 995a, the indictment
or information shall be set aside by the court in which the
defendant is arraigned,...
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California Penal Code Section 995a
(a) If the names of the witnesses examined before the grand
jury are not inserted at the foot of the indictment or indorsed
thereon, the court shall...
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California Penal Code Section 996
If the motion to set aside the indictment or information is
not made, the defendant is precluded from afterwards taking the
objections mentioned in...
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California Penal Code Section 997
The motion must be heard at the time it is made, unless for
cause the court postpones the hearing to another time. The court may
entertain such...
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California Penal Code Section 998
If the court directs the case to be resubmitted, or an
information to be filed, the defendant, if already in custody, shall
remain, unless he or she...
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California Penal Code Section 999
An order to set aside an indictment or information, as
provided in this chapter, is no bar to a future prosecution for the
same offense.
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California Penal Code Section 999a
A petition for a writ of prohibition, predicated upon the
ground that the indictment was found without reasonable or probable
cause or that the...
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California Penal Code Section 999b
The Legislature hereby finds a substantial and
disproportionate amount of serious crime is committed against the
people of California by a relatively
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California Penal Code Section 999c
(a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and...
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California Penal Code Section 999d
Career criminal prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals...
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California Penal Code Section 999e
(a) An individual who is under arrest for the commission or
attempted commission of one or more of the felonies listed in
paragraph (1) and who is...
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California Penal Code Section 999f
(a) Each district attorney's office establishing a career
criminal prosecution unit and receiving state support under this
chapter shall adopt and...
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California Penal Code Section 999g
The selection criteria set forth in Section 999e shall be
adhered to for each career criminal case unless, in the reasonable
exercise of prosecutor's
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California Penal Code Section 999h
The characterization of a defendant as a "career criminal" as
defined by this chapter may not be communicated to the trier of
fact.
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California Penal Code Section 999i
The Legislature hereby finds that repeat sexual offenders
present a clear and present danger to the mental and physical
well-being of the citizens of
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California Penal Code Section 999j
(a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and...
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California Penal Code Section 999k
Repeat sexual offender prosecution units receiving funds
under this chapter shall concentrate enhanced prosecution efforts and
resources upon...
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California Penal Code Section 999l
(a) An individual shall be the subject of a repeat sexual
offender prosecution effort who is under arrest for the commission or
attempted commission...
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California Penal Code Section 999m
Each district attorney's office establishing a repeat sexual
offender prosecution unit and receiving state support under this
chapter shall adopt and
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California Penal Code Section 999n
(a) The selection criteria set forth in Section 999l shall be
adhered to for each repeat sexual offender case unless, in the
reasonable exercise of...
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California Penal Code Section 999o
The characterization of a defendant as a "repeat sexual
offender" as defined by this chapter shall not be communicated to the
trier of fact.
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California Penal Code Section 999p
The agency or agencies designated by the Director of Finance
pursuant to Section 13820 is encouraged to utilize any federal funds
which may become...
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California Penal Code Section 999q
The Legislature hereby finds that child abusers present a
clear and present danger to the mental health and physical well-being
of the citizens of...
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California Penal Code Section 999r
(a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and...
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California Penal Code Section 999s
Child abuser prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals...
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California Penal Code Section 999t
(a) An individual may be the subject of a child abuser
prosecution effort who is under arrest for the sexual assault of a
child, as defined in...
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California Penal Code Section 999u
Each district attorney's office establishing a child abuser
prosecution unit and receiving state support under this chapter shall
adopt and pursue...
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California Penal Code Section 999v
(a) The selection criteria set forth in Section 999t shall be
adhered to for each child abuser case unless, in the reasonable
exercise of...
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California Penal Code Section 999w
The characterization of a defendant as a "child abuser" as
defined by this chapter shall not be communicated to the trier of
fact.
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California Penal Code Section 999x
The agency or agencies designated by the Director of Finance
pursuant to Section 13820 is encouraged to utilize any federal funds
which may become...
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California Penal Code Section 999y
The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall report annually to the Legislature
concerning the...
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California Penal Code Section 1000
(a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading for a violation of Section 11350,
11357, 11364, 11365,...
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California Penal Code Section 1000.1
(a) If the prosecuting attorney determines that this
chapter may be applicable to the defendant, he or she shall advise
the defendant and his or her...
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California Penal Code Section 1000.2
The court shall hold a hearing and, after consideration of
any information relevant to its decision, shall determine if the
defendant consents to...
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California Penal Code Section 1000.3
If it appears to the prosecuting attorney, the court, or
the probation department that the defendant is performing
unsatisfactorily in the assigned...
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California Penal Code Section 1000.4
(a) Any record filed with the Department of Justice shall
indicate the disposition in those cases deferred pursuant to this
chapter. Upon successful
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California Penal Code Section 1000.5
(a) The presiding judge of the superior court, or a judge
designated by the presiding judge, together with the district
attorney and the public...
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California Penal Code Section 1000.8
(a) Where a person is participating in a deferred entry of
judgment program or a preguilty plea program pursuant to this
chapter, the person may also
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California Penal Code Section 1000.12
(a) It is the intent of the Legislature that nothing in
this chapter deprive a prosecuting attorney of the ability to
prosecute any person who is...
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California Penal Code Section 1000.17
If the person is referred pursuant to this chapter he or
she shall be responsible for paying the administrative cost of the
referral and the expense...
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California Penal Code Section 1001
It is the intent of the Legislature that neither this
chapter, Chapter 2.5 (commencing with Section 1000) of this title,
nor any other provision of...
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California Penal Code Section 1001.1
As used in Sections 1001.2 to 1001.11, inclusive, of this
chapter, pretrial diversion refers to the procedure of postponing
prosecution of an offense
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California Penal Code Section 1001.2
(a) This chapter shall not apply to any pretrial diversion
or posttrial programs for the treatment of problem drinking or
alcoholism utilized for...
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California Penal Code Section 1001.3
At no time shall a defendant be required to make an
admission of guilt as a prerequisite for placement in a pretrial
diversion program.
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California Penal Code Section 1001.4
A divertee is entitled to a hearing, as set forth by law,
before his or her pretrial diversion can be terminated for cause.
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California Penal Code Section 1001.5
No statement, or information procured therefrom, made by
the defendant in connection with the determination of his or her
eligibility for diversion,...
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California Penal Code Section 1001.6
At such time that a defendant's case is diverted, any bail
bond or undertaking, or deposit in lieu thereof, on file by or on
behalf of the defendant...
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California Penal Code Section 1001.7
If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed at the
end of the period of...
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California Penal Code Section 1001.8
Any record filed with the Department of Justice shall
indicate the disposition of those cases diverted pursuant to this
chapter.
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California Penal Code Section 1001.9
(a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful
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California Penal Code Section 1001.10
(a) The judge shall require any person described in
subdivision (b), as a condition of either placing the person on
probation or of permitting the...
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California Penal Code Section 1001.11
(a) The health department in each county shall select an
agency, or agencies, in the county that shall provide AIDS prevention
education to those...
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California Penal Code Section 1001.15
(a) In addition to the fees authorized or required by
other provisions of law, a judge may require the payment of an
administrative fee, as part of...
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California Penal Code Section 1001.16
(a) In addition to the fees authorized or required by
other provisions of law, a judge may require the payment of an
administrative fee, as part of...
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California Penal Code Section 1001.20
As used in this chapter:
(a) "Cognitive Developmental Disability" means any of the
following:
(1) "Mental retardation," meaning a condition of...
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California Penal Code Section 1001.21
(a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading at any stage of the criminal
proceedings, for any person
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California Penal Code Section 1001.22
The court shall consult with the prosecutor, the defense
counsel, the probation department, and the appropriate regional
center in order to determine
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California Penal Code Section 1001.23
(a) Upon the court's receipt of the reports from the
prosecutor, the probation department, and the regional center, and a
determination by the...
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California Penal Code Section 1001.24
No statement, or information procured therefrom, made by
the defendant to any probation officer, the prosecutor, or any
regional center designee...
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California Penal Code Section 1001.25
No statement, or information procured therefrom, with
respect to the specific offense with which the defendant is charged,
which is made to a...
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California Penal Code Section 1001.26
In the event that diversion is either denied or is
subsequently revoked once it has been granted, neither the probation
investigation nor the...
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California Penal Code Section 1001.27
At such time as the defendant's case is diverted, any
bail, bond, or undertaking, or deposit in lieu thereof, on file or on
behalf of the defendant...
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California Penal Code Section 1001.28
The period during which criminal proceedings against the
defendant may be diverted shall be no longer than two years. The
responsible agency or...
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California Penal Code Section 1001.29
If it appears that the divertee is not meeting the terms
and conditions of his or her diversion program, the court may hold a
hearing and amend such...
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California Penal Code Section 1001.30
At any time during which the defendant is participating in
a diversion program, he or she may withdraw consent to further
participate in the...
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California Penal Code Section 1001.31
If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed at the
end of the diversion...
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California Penal Code Section 1001.32
Any record filed with the State Department of Justice
shall indicate the disposition of those cases diverted pursuant to
this chapter.
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California Penal Code Section 1001.33
(a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful
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California Penal Code Section 1001.34
Notwithstanding any other provision of law, the
diversion-related individual program plan shall be fully implemented
by the regional centers upon...
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California Penal Code Section 1001.40
Notwithstanding any other provision of law, a county
acting on behalf of one or more individual courts may by ordinance
establish a program that...
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California Penal Code Section 1001.50
(a) Notwithstanding any other provision of law, this
chapter shall become operative in a county only if the board of
supervisors adopts the...
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California Penal Code Section 1001.51
(a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading concerning the commission of a
misdemeanor, except a...
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California Penal Code Section 1001.52
(a) If the defendant consents and waives his right to a
speedy trial, the case shall be referred to the probation department.
The probation ...
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California Penal Code Section 1001.53
The court shall hold a hearing and, after consideration of
the probation department's report, and any other relevant
information, shall determine if...
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California Penal Code Section 1001.54
If it appears to the probation department that the
divertee is performing unsatisfactorily in the assigned program, or
that the divertee is not...
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California Penal Code Section 1001.55
(a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful
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California Penal Code Section 1001.60
Upon the adoption of a resolution by the board of
supervisors declaring that there are sufficient funds available to
fund the program, the district...
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California Penal Code Section 1001.61
The district attorney may refer a bad check case to the
diversion program. Except as provided in Section 1001.64, this
chapter does not limit the...
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California Penal Code Section 1001.62
On receipt of a bad check case, the district attorney
shall determine if the case is one which is appropriate to be
referred to the bad check...
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California Penal Code Section 1001.63
On referral of a bad check case to the diversion program,
a notice shall be forwarded by mail to the person alleged to have
written the bad check...
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California Penal Code Section 1001.64
The district attorney may enter into a written agreement
with the person to forego prosecution on the bad check for a period
to be determined by the...
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California Penal Code Section 1001.65
(a) A district attorney may collect a processing fee if
his or her office collects and processes a bad check. The amount of
the fee shall not exceed...
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California Penal Code Section 1001.66
At no time shall a defendant be required to make an
admission of guilt as a prerequisite for placement in a precomplaint
diversion program.
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California Penal Code Section 1001.67
No statement, or information procured therefrom, made by
the defendant in connection with the determination of his or her
eligibility for diversion,...
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California Penal Code Section 1001.70
(a) Every local prosecutor with jurisdiction to prosecute
violations of Section 272 shall review annually any diversion program
established pursuant...
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California Penal Code Section 1001.71
This chapter shall apply whenever a case is before any
court upon an accusatory pleading alleging a parent or legal guardian
to have violated Section
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California Penal Code Section 1001.72
(a) If the defendant consents and waives his or her right
to a speedy trial, the case shall be referred to the probation
department. The probation...
|
California Penal Code Section 1001.73
The court shall hold a hearing and, after consideration of
the probation department's report, and any other relevant
information, shall determine if...
|
California Penal Code Section 1001.74
If it appears to the probation department that the
divertee is performing unsatisfactorily in the assigned program, or
that the divertee is not...
|
California Penal Code Section 1001.75
(a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful
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California Penal Code Section 1001.90
(a) For all persons charged with a felony or misdemeanor
whose case is diverted by the court pursuant to this title, the court
shall impose on the...
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California Penal Code Section 1002
The only pleading on the part of the defendant is either a
demurrer or a plea.
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California Penal Code Section 1003
Both the demurrer and plea must be put in, in open Court,
either at the time of the arraignment or at such other time as may be
allowed to the...
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California Penal Code Section 1004
The defendant may demur to the accusatory pleading at any
time prior to the entry of a plea, when it appears upon the face
thereof either:
1. If...
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California Penal Code Section 1005
The demurrer must be in writing, signed either by the
defendant or his counsel, and filed. It must distinctly specify the
grounds of objection to...
|
California Penal Code Section 1006
Upon the demurrer being filed, the argument upon the
objections presented thereby must be heard immediately, unless for
exceptional cause shown, the...
|
California Penal Code Section 1007
Upon considering the demurrer, the court must make an order
either overruling or sustaining it. If the demurrer to an indictment
or information is...
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California Penal Code Section 1008
If the demurrer is sustained, and no amendment of the
accusatory pleading is permitted, or, in case an amendment is
permitted, no amendment is made...
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California Penal Code Section 1009
An indictment, accusation or information may be amended by
the district attorney, and an amended complaint may be filed by the
prosecuting attorney,...
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California Penal Code Section 1010
When an indictment or information is dismissed after the
sustaining of a demurrer, or at any other stage of the proceedings
because of any defect or...
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California Penal Code Section 1012
When any of the objections mentioned in Section 1004 appears
on the face of the accusatory pleading, it can be taken only by
demurrer, and failure so
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California Penal Code Section 1016
There are six kinds of pleas to an indictment or an
information, or to a complaint charging a misdemeanor or infraction:
1. Guilty.
2. Not...
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California Penal Code Section 1016.5
(a) Prior to acceptance of a plea of guilty or nolo
contendere to any offense punishable as a crime under state law,
except offenses designated as...
|
California Penal Code Section 1017
Every plea must be made in open court and, may be oral or in
writing, shall be entered upon the minutes of the court, and shall be
taken down in...
|
California Penal Code Section 1018
Unless otherwise provided by law, every plea shall be entered
or withdrawn by the defendant himself or herself in open court. No
plea of guilty of a
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California Penal Code Section 1019
The plea of not guilty puts in issue every material
allegation of the accusatory pleading, except those allegations
regarding previous convictions of
|
California Penal Code Section 1020
All matters of fact tending to establish a defense other than
one specified in the fourth, fifth, and sixth subdivisions of
Section 1016, may be...
|
California Penal Code Section 1021
If the defendant was formerly acquitted on the ground of
variance between the accusatory pleading and the proof or the
accusatory pleading was...
|
California Penal Code Section 1022
Whenever the defendant is acquitted on the merits, he is
acquitted of the same offense, notwithstanding any defect in form or
substance in the...
|
California Penal Code Section 1023
When the defendant is convicted or acquitted or has been once
placed in jeopardy upon an accusatory pleading, the conviction,
acquittal, or jeopardy...
|
California Penal Code Section 1024
If the defendant refuses to answer the accusatory pleading,
by demurrer or plea, a plea of not guilty must be entered.
|
California Penal Code Section 1025
(a) When a defendant who is charged in the accusatory
pleading with having suffered a prior conviction pleads either
guilty or not guilty of the...
|
California Penal Code Section 1026
(a) When a defendant pleads not guilty by reason of insanity,
and also joins with it another plea or pleas, the defendant shall
first be tried as if
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California Penal Code Section 1026.1
A person committed to a state hospital or other treatment
facility under the provisions of Section 1026 shall be released from
the state hospital or
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California Penal Code Section 1026.2
(a) An application for the release of a person who has been
committed to a state hospital or other treatment facility, as
provided in Section 1026,...
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California Penal Code Section 1026.3
A person committed to a state hospital or other treatment
facility under Section 1026, and a person placed pursuant to
subdivision (e) of Section...
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California Penal Code Section 1026.4
(a) Every person committed to a state hospital or other
public or private mental health facility pursuant to the provisions
of Section 1026, who...
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California Penal Code Section 1026.5
(a) (1) In the case of any person committed to a state
hospital or other treatment facility pursuant to Section 1026 or
placed on outpatient status...
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California Penal Code Section 1026.6
Whenever any person who has been committed to a state
hospital pursuant to Section 1026 is released for any reason,
including placement on outpatient
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California Penal Code Section 1027
(a) When a defendant pleads not guilty by reason of insanity
the court must select and appoint two, and may select and appoint
three, psychiatrists,...
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California Penal Code Section 1029
When an indictment is found or an information filed in the
superior court against a judge thereof, a certificate of that fact
must be transmitted by...
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California Penal Code Section 1033
In a criminal action pending in the superior court, the court
shall order a change of venue:
(a) On motion of the defendant, to another county...
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California Penal Code Section 1033.1
In any criminal action or proceeding in which the place of
trial has been changed for any of the reasons set forth in Section
1033, the court, upon...
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California Penal Code Section 1035
A defendant arrested, held, or present in a county other than
that in which an indictment, information, felony complaint, or
felony probation...
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California Penal Code Section 1036
(a) Unless the court reserves jurisdiction to hear other
pretrial motions, if a defendant is incarcerated and the court orders
a change of venue to...
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California Penal Code Section 1036.5
Following the resolution of pre-trial motions, and prior to
the issuance of an order under Section 1036 or the transmittal of
the case file for the...
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California Penal Code Section 1036.7
When a change of venue is ordered and the court, upon
motion to transfer a jury or on its own motion and upon unanimous
consent of all defendants,...
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California Penal Code Section 1037
(a) When a court orders a change of venue to a court in
another county, all costs incurred by the receiving court or county,
that are not payable...
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California Penal Code Section 1037.1
(a) Change of venue costs, as defined in Section 1037, that
are court operations, as defined in Section 77003 of the Government
Code and Rule 10.810...
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California Penal Code Section 1037.2
(a) Change of venue costs, as defined in Section 1037, that
are incurred by the receiving county and not defined as court
operations under Section...
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California Penal Code Section 1038
The Judicial Council shall adopt rules of practice and
procedure for the change of venue in criminal actions.
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California Penal Code Section 1041
An issue of fact arises:
1. Upon a plea of not guilty.
2. Upon a plea of a former conviction or acquittal of the same
offense.
3. Upon a...
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California Penal Code Section 1042
Issues of fact shall be tried in the manner provided in
Article I, Section 16 of the Constitution of this state.
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California Penal Code Section 1042.5
Trial of an infraction shall be by the court, but when a
defendant has been charged with an infraction and with a public
offense for which there is a
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California Penal Code Section 1043
(a) Except as otherwise provided in this section, the
defendant in a felony case shall be personally present at the trial.
(b) The absence of the
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California Penal Code Section 1043.5
(a) Except as otherwise provided in this section, the
defendant in a preliminary hearing shall be personally present.
(b) The absence of the...
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California Penal Code Section 1044
It shall be the duty of the judge to control all proceedings
during the trial, and to limit the introduction of evidence and the
argument of counsel...
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California Penal Code Section 1045
In any misdemeanor or infraction matter, where a verbatim
record of the proceedings is not required to be made and where the
right of a party to...
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California Penal Code Section 1046
Trial juries for criminal actions are formed in the same
manner as trial juries in civil actions.
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California Penal Code Section 1048
(a) The issues on the calendar shall be disposed of in the
following order, unless for good cause the court directs an action to
be tried out of its...
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California Penal Code Section 1048.1
In scheduling a trial date at an arraignment in superior
court involving murder, as defined in subdivision (a) of Section 187,
an alleged sexual...
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California Penal Code Section 1049
After his plea, the defendant is entitled to at least five
days to prepare for trial.
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California Penal Code Section 1049.5
In felony cases, the court shall set a date for trial which
is within 60 days of the defendant's arraignment in the superior
court unless, upon a...
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California Penal Code Section 1050
(a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for
trial and heard and...
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California Penal Code Section 1050.1
In any case in which two or more defendants are jointly
charged in the same complaint, indictment, or information, and the
court or magistrate, for...
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California Penal Code Section 1050.5
(a) When, pursuant to subdivision (c) of Section 1050, the
court imposes sanctions for failure to comply with the provisions of
subdivision (b) of...
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California Penal Code Section 1051
Upon a trial for any offense, if a defense witness testifies,
there shall be good cause for a reasonable continuance unless the
court finds that the...
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California Penal Code Section 1053
If after the commencement of the trial of a criminal action
or proceeding in any court the judge or justice presiding at the
trial shall die, become...
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California Penal Code Section 1054
This chapter shall be interpreted to give effect to all of
the following purposes:
(a) To promote the ascertainment of truth in trials by...
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California Penal Code Section 1054.1
The prosecuting attorney shall disclose to the defendant or
his or her attorney all of the following materials and information,
if it is in the...
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California Penal Code Section 1054.2
(a) (1) Except as provided in paragraph (2), no attorney
may disclose or permit to be disclosed to a defendant, members of the
defendant's family, or
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California Penal Code Section 1054.3
The defendant and his or her attorney shall disclose to the
prosecuting attorney:
(a) The names and addresses of persons, other than the...
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California Penal Code Section 1054.4
Nothing in this chapter shall be construed as limiting any
law enforcement or prosecuting agency from obtaining nontestimonial
evidence to the extent
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California Penal Code Section 1054.5
(a) No order requiring discovery shall be made in criminal
cases except as provided in this chapter. This chapter shall be the
only means by which...
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California Penal Code Section 1054.6
Neither the defendant nor the prosecuting attorney is
required to disclose any materials or information which are work
product as defined in...
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California Penal Code Section 1054.7
The disclosures required under this chapter shall be made
at least 30 days prior to the trial, unless good cause is shown why a
disclosure should be...
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California Penal Code Section 1054.8
(a) No prosecuting attorney, attorney for the defendant, or
investigator for either the prosecution or the defendant shall
interview, question, or...
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California Penal Code Section 1054.9
(a) Upon the prosecution of a postconviction writ of habeas
corpus or a motion to vacate a judgment in a case in which a
sentence of death or of life
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California Penal Code Section 1054.10
(a) Except as provided in subdivision (b), no attorney
may disclose or permit to be disclosed to a defendant, members of the
defendant's family, or...
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California Penal Code Section 1065
If, either upon an exception to the challenge or a denial of
the facts, the challenge is allowed, the Court must discharge the
jury so far as the...
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California Penal Code Section 1089
Whenever, in the opinion of a judge of a superior court about
to try a defendant against whom has been filed any indictment or
information or...
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California Penal Code Section 1093
The jury having been impaneled and sworn, unless waived, the
trial shall proceed in the following order, unless otherwise directed
by the court:
...
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California Penal Code Section 1093.5
In any criminal case which is being tried before the court
with a jury, all requests for instructions on points of law must be
made to the court and...
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California Penal Code Section 1094
When the state of the pleadings requires it, or in any other
case, for good reasons, and in the sound discretion of the Court, the
order prescribed...
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California Penal Code Section 1095
If the offense charged is punishable with death, two counsel
on each side may argue the cause. In any other case the court may,
in its discretion,...
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California Penal Code Section 1096
A defendant in a criminal action is presumed to be innocent
until the contrary is proved, and in case of a reasonable doubt
whether his or her guilt...
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California Penal Code Section 1096a
In charging a jury, the court may read to the jury Section
1096, and no further instruction on the subject of the presumption of
innocence or...
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California Penal Code Section 1097
When it appears that the defendant has committed a public
offense, or attempted to commit a public offense, and there is
reasonable ground of doubt...
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California Penal Code Section 1098
When two or more defendants are jointly charged with any
public offense, whether felony or misdemeanor, they must be tried
jointly, unless the court...
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California Penal Code Section 1099
When two or more defendants are included in the same
accusatory pleading, the court may, at any time before the defendants
have gone into their...
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California Penal Code Section 1100
When two or more defendants are included in the same
accusatory pleading, and the court is of opinion that in regard to a
particular defendant there...
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California Penal Code Section 1101
The order mentioned in Sections 1099 and 1100 is an acquittal
of the defendant discharged, and is a bar to another prosecution for
the same offense.
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California Penal Code Section 1102
The rules of evidence in civil actions are applicable also to
criminal actions, except as otherwise provided in this Code.
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California Penal Code Section 1102.6
The right of a victim of crime to be present during any
criminal proceeding shall be secured as follows:
(a) Notwithstanding any other law, and...
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California Penal Code Section 1108
Upon a trial for procuring or attempting to procure an
abortion, or aiding or assisting therein, or for inveigling,
enticing, or taking away an...
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California Penal Code Section 1111
A conviction can not be had upon the testimony of an
accomplice unless it be corroborated by such other evidence as shall
tend to connect the...
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California Penal Code Section 1112
Notwithstanding the provisions of subdivision (d) of Section
28 of Article I of the California Constitution, the trial court shall
not order any...
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California Penal Code Section 1113
The Court may direct the jury to be discharged where it
appears that it has not jurisdiction of the offense, or that the
facts charged do not...
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California Penal Code Section 1114
If the jury be discharged because the Court has not
jurisdiction of the offense charged, and it appear that it was
committed out of the jurisdiction...
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California Penal Code Section 1115
If the offense was committed within the exclusive
jurisdiction of another county of this State, the Court must direct
the defendant to be committed...
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California Penal Code Section 1116
If the defendant is not arrested on a warrant from the proper
county, as provided in section 1115, he must be discharged from
custody, or his bail in
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California Penal Code Section 1117
If the jury is discharged because the facts as charged do not
constitute an offense punishable by law, the court must order that
the defendant, if in
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California Penal Code Section 1118
In a case tried by the court without a jury, a jury having
been waived, the court on motion of the defendant or on its own
motion shall order the...
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California Penal Code Section 1118.1
In a case tried before a jury, the court on motion of the
defendant or on its own motion, at the close of the evidence on
either side and before the...
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California Penal Code Section 1118.2
A judgment of acquittal entered pursuant to the provisions
of Section 1118 or 1118.1 shall not be appealable and is a bar to any
other prosecution...
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California Penal Code Section 1119
When, in the opinion of the court, it is proper that the jury
should view the place in which the offense is charged to have been
committed, or in...
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California Penal Code Section 1120
If a juror has any personal knowledge respecting a fact in
controversy in a cause, he must declare the same in open court during
the trial. If,...
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California Penal Code Section 1121
The jurors sworn to try an action may, in the discretion of
the court, be permitted to separate or be kept in charge of a proper
officer. Where the...
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California Penal Code Section 1122
(a) After the jury has been sworn and before the people's
opening address, the court shall instruct the jury generally
concerning its basic...
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California Penal Code Section 1122.5
(a) The court, in its discretion, may, at each adjournment
of the court before the submission of the cause to the jury, admonish
the jury, whether...
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California Penal Code Section 1124
The Court must decide all questions of law which arise in the
course of a trial.
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California Penal Code Section 1126
In a trial for any offense, questions of law are to be
decided by the court, and questions of fact by the jury. Although the
jury has the power to...
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California Penal Code Section 1127
All instructions given shall be in writing, unless there is a
phonographic reporter present and he takes them down, in which case
they may be given...
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California Penal Code Section 1127a
(a) As used in this section, an "in-custody informant" means
a person, other than a codefendant, percipient witness, accomplice,
or coconspirator...
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California Penal Code Section 1127b
When, in any criminal trial or proceeding, the opinion of
any expert witness is received in evidence, the court shall instruct
the jury substantially
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California Penal Code Section 1127c
In any criminal trial or proceeding where evidence of flight
of a defendant is relied upon as tending to show guilt, the court
shall instruct the...
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California Penal Code Section 1127d
(a) In any criminal prosecution for the crime of rape, or
for violation of Section 261.5, or for an attempt to commit, or
assault with intent to...
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California Penal Code Section 1127e
The term "unchaste character" shall not be used by any court
in any criminal case in which the defendant is charged with a
violation of Section 261,...
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California Penal Code Section 1127f
In any criminal trial or proceeding in which a child 10
years of age or younger testifies as a witness, upon the request of a
party, the court shall...
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California Penal Code Section 1127g
In any criminal trial or proceeding in which a person with a
developmental disability, or cognitive, mental, or communication
impairment testifies as
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California Penal Code Section 1127h
In any criminal trial or proceeding, upon the request of a
party, the court shall instruct the jury substantially as follows:
"Do not let bias,...
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California Penal Code Section 1128
After hearing the charge, the jury may either decide in court
or may retire for deliberation. If they do not agree without
retiring for...
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California Penal Code Section 1129
When a defendant who has given bail appears for trial, the
Court may, in its discretion, at any time after his appearance for
trial, order him to be...
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California Penal Code Section 1130
If the prosecuting attorney fails to attend at the trial of a
felony, the court must appoint an attorney at law to perform the
duties of the...
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California Penal Code Section 1137
Upon retiring for deliberation, the jury may take with them
all papers (except depositions) which have been received as evidence
in the cause, or...
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California Penal Code Section 1138
After the jury have retired for deliberation, if there be any
disagreement between them as to the testimony, or if they desire to
be informed on any...
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California Penal Code Section 1138.5
Except for good cause shown, the judge in his of her
discretion need not be present in the court while testimony
previously received in evidence is...
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California Penal Code Section 1140
Except as provided by law, the jury cannot be discharged
after the cause is submitted to them until they have agreed upon
their verdict and rendered...
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California Penal Code Section 1141
In all cases where a jury is discharged or prevented from
giving a verdict by reason of an accident or other cause, except
where the defendant is...
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California Penal Code Section 1142
While the jury are absent the Court may adjourn from time to
time, as to other business, but it must nevertheless be open for
every purpose connected
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California Penal Code Section 1147
When the jury have agreed upon their verdict, they must be
conducted into court by the officer having them in charge. Their
names must then be...
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California Penal Code Section 1148
If charged with a felony the defendant must, before the
verdict is received, appear in person, unless, after the exercise of
reasonable diligence to...
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California Penal Code Section 1149
When the jury appear they must be asked by the Court, or
Clerk, whether they have agreed upon their verdict, and if the
foreman answers in the...
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California Penal Code Section 1150
The jury must render a general verdict, except that in a
felony case, when they are in doubt as to the legal effect of the
facts proved, they may,...
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California Penal Code Section 1151
A general verdict upon a plea of not guilty is either "guilty"
or "not guilty," which imports a conviction or acquittal of the
offense charged in the
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California Penal Code Section 1152
A special verdict is that by which the jury find the facts
only, leaving the judgment to the Court. It must present the
conclusions of fact as...
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California Penal Code Section 1153
The special verdict must be reduced to writing by the jury,
or in their presence entered upon the minutes of the Court, read to
the jury and agreed...
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California Penal Code Section 1154
The special verdict need not be in any particular form, but
is sufficient if it presents intelligibly the facts found by the
jury.
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California Penal Code Section 1155
The court must give judgment upon the special verdict as
follows:
1. If the plea is not guilty, and the facts prove the defendant
guilty of the...
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California Penal Code Section 1156
If the jury do not, in a special verdict, pronounce
affirmatively or negatively on the facts necessary to enable the
court to give judgment, or if...
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California Penal Code Section 1157
Whenever a defendant is convicted of a crime or attempt to
commit a crime which is distinguished into degrees, the jury, or the
court if a jury trial
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California Penal Code Section 1158
Whenever the fact of a previous conviction of another offense
is charged in an accusatory pleading, and the defendant is found
guilty of the offense...
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California Penal Code Section 1158a
(a) Whenever the fact that a defendant was armed with a
weapon either at the time of his commission of the offense or at the
time of his arrest, or...
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California Penal Code Section 1159
The jury, or the judge if a jury trial is waived, may find
the defendant guilty of any offense, the commission of which is
necessarily included in...
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California Penal Code Section 1160
On a charge against two or more defendants jointly, if the
jury cannot agree upon a verdict as to all, they may render a verdict
as to the defendant...
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California Penal Code Section 1161
When there is a verdict of conviction, in which it appears to
the Court that the jury have mistaken the law, the Court may explain
the reason for...
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California Penal Code Section 1162
If the jury persist in finding an informal verdict, from
which, however, it can be clearly understood that their intention is
to find in favor of the
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California Penal Code Section 1163
When a verdict is rendered, and before it is recorded, the
jury may be polled, at the request of either party, in which case
they must be severally...
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California Penal Code Section 1164
(a) When the verdict given is receivable by the court, the
clerk shall record it in full upon the minutes, and if requested by
any party shall read...
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California Penal Code Section 1165
Where a general verdict is rendered or a finding by the court
is made in favor of the defendant, except on a plea of not guilty by
reason of...
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California Penal Code Section 1166
If a general verdict is rendered against the defendant, or a
special verdict is given, he or she must be remanded, if in custody,
or if on bail he or
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California Penal Code Section 1167
When a jury trial is waived, the judge or justice before whom
the trial is had shall, at the conclusion thereof, announce his
findings upon the...
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California Penal Code Section 1168
(a) Every person who commits a public offense, for which any
specification of three time periods of imprisonment in any state
prison is now...
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California Penal Code Section 1170
(a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms...
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California Penal Code Section 1170
(a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment. This purpose is best served
by terms...
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California Penal Code Section 1170.1
(a) Except as otherwise provided by law, and subject to
Section 654, when any person is convicted of two or more felonies,
whether in the same...
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California Penal Code Section 1170.11
As used in Section 1170.1, the term "specific enhancement"
means an enhancement that relates to the circumstances of the crime.
It includes, but is...
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California Penal Code Section 1170.12
(a) Notwithstanding any other provision of law, if a
defendant has been convicted of a felony and it has been pled and
proved that the defendant has...
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California Penal Code Section 1170.125
Notwithstanding Section 2 of Proposition 184, as adopted
at the November 8, 1994, general election, for all offenses committed
on or after the...
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California Penal Code Section 1170.13
Notwithstanding subdivision (a) of Section 1170.1 which
provides for the imposition of a subordinate term for a consecutive
offense of one-third of...
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California Penal Code Section 1170.15
Notwithstanding subdivision (a) of Section 1170.1 which
provides for the imposition of a subordinate term for a consecutive
offense of one-third of...
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California Penal Code Section 1170.16
In lieu of the term provided in Section 1170.1, a full,
separate, and consecutive term may be imposed for each violation of
subdivision (a) of...
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California Penal Code Section 1170.17
(a) When a person is prosecuted for a criminal offense
committed while he or she was under the age of 18 years and the
prosecution is lawfully...
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California Penal Code Section 1170.19
(a) Notwithstanding any other provision of law, the
following shall apply to a person sentenced pursuant to Section
1170.17.
(1) The person may be
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California Penal Code Section 1170.2
(a) In the case of any inmate who committed a felony prior
to July 1, 1977, who would have been sentenced under Section 1170 if
he or she had...
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California Penal Code Section 1170.3
The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170, by:
(a) The adoption of rules providing criteria for the...
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California Penal Code Section 1170.3
The Judicial Council shall seek to promote uniformity in
sentencing under Section 1170, by:
(a) The adoption of rules providing criteria for the...
|
California Penal Code Section 1170.4
The Judicial Council shall collect and analyze relevant
information relating to sentencing practices in this state and other
jurisdictions. Such...
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California Penal Code Section 1170.45
The Judicial Council shall collect data on criminal cases
statewide relating to the disposition of those cases according to the
race and ethnicity of
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California Penal Code Section 1170.5
The Judicial Council shall conduct annual sentencing
institutes for trial court judges pursuant to Section 68551 of the
Government Code, toward the...
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California Penal Code Section 1170.7
Robbery or attempted robbery for the purpose of obtaining
any controlled substance, as defined in Division 10 (commencing with
Section 11000) of the...
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California Penal Code Section 1170.71
The fact that a person who commits a violation of Section
288 has used obscene or harmful matter to induce, persuade, or
encourage the minor to...
|
California Penal Code Section 1170.72
Upon conviction of a violation of Section 11353, 11353.5,
11353.7, 11354, 11361, or 11380 of the Health and Safety Code, or a
finding of truth of an...
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California Penal Code Section 1170.73
Upon conviction of a felony violation of Section 11377,
11378, or 11378.5 of the Health and Safety Code, the court shall
consider the quantity of...
|
California Penal Code Section 1170.74
Upon conviction of a felony violation of Section 11377,
11378, 11379, or 11379.6 of the Health and Safety Code, for an
offense involving...
|
California Penal Code Section 1170.76
The fact that a defendant who commits or attempts to
commit a violation of Section 243.4, 245, or 273.5 is or has been a
member of the household of a
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California Penal Code Section 1170.78
Upon a conviction of a violation of Section 451, the fact
that the person committed the offense in retaliation against the
owner or occupant of the...
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California Penal Code Section 1170.8
(a) The fact that a robbery or an assault with a deadly
weapon or instrument or by means of any force likely to produce great
bodily injury was...
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California Penal Code Section 1170.81
The fact that the intended victim of an attempted life
term crime was a peace officer, as described in subdivisions (a) and
(b) of Section 830.1, or...
|
California Penal Code Section 1170.82
Upon a conviction of a violation of Section 11352, 11360,
11379, or 11379.5 of the Health and Safety Code, the fact that the
person who committed the
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California Penal Code Section 1170.84
Upon conviction of any serious felony, listed in
subdivision (c) of Section 1192.7, it shall be considered a
circumstance in aggravation of the crime
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California Penal Code Section 1170.85
(a) Upon conviction of any felony assault or battery
offense, it shall be considered a circumstance in aggravation of the
crime in imposing a term...
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California Penal Code Section 1170.86
Upon conviction of a felony violation of Section 220, 261,
261.5, 264.1, or 266j the fact that the felony was committed within
a safe school zone, as
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California Penal Code Section 1170.89
Where there is an applicable triad for an enhancement
related to the possession of, being armed with, use of, or furnishing
or supplying a firearm,...
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California Penal Code Section 1170.9
(a) In the case of any person convicted of a criminal
offense who would otherwise be sentenced to county jail or state
prison and who alleges that he
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California Penal Code Section 1174
This chapter shall be known as the Pregnant and Parenting
Women's Alternative Sentencing Program Act.
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California Penal Code Section 1174.1
For purposes of this chapter, the following definitions
shall apply:
(a) "Agency" means the private agency selected by the department
to operate...
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California Penal Code Section 1174.2
(a) Notwithstanding any other law, the unencumbered balance
of Item 5240-311-751 of Section 2 of the Budget Act of 1990 shall
revert to the...
|
California Penal Code Section 1174.3
(a) The department shall ensure that the facility designs
provide adequate space to carry out this chapter, including the
capability for nonsecure...
|
California Penal Code Section 1174.4
(a) Persons eligible for participation in this alternative
sentencing program shall meet all of the following criteria:
(1) Pregnant women with an
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California Penal Code Section 1174.5
The department shall be responsible for the funding and
monitoring of the progress, activities, and performance of each
program.
|
California Penal Code Section 1174.7
The department shall report the status of this program to
the Legislature on or before January 1, 1996, and each year
thereafter.
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California Penal Code Section 1174.8
(a) The department shall adopt regulations pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of...
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California Penal Code Section 1174.9
A program facility administered by the Department of
Corrections pursuant to this chapter is exempt from the requirements
and provisions of Chapter...
|
California Penal Code Section 1176
When written instructions have been presented, and given,
modified, or refused, or when the charge of the court has been taken
down by the reporter,...
|
California Penal Code Section 1179
A new trial is a reexamination of the issue in the same
Court, before another jury, after a verdict has been given.
|
California Penal Code Section 1180
The granting of a new trial places the parties in the same
position as if no trial had been had. All the testimony must be
produced anew, and the...
|
California Penal Code Section 1181
When a verdict has been rendered or a finding made against
the defendant, the court may, upon his application, grant a new
trial, in the following...
|
California Penal Code Section 1182
The application for a new trial must be made and determined
before judgment, the making of an order granting probation, the
commitment of a defendant
|
California Penal Code Section 1185
A motion in arrest of judgment is an application on the part
of the defendant that no judgment be rendered on a plea, finding, or
verdict of guilty,...
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California Penal Code Section 1186
The court may, on its own motion, at any time before judgment
is pronounced, arrest the judgment for any of the defects in the
accusatory pleading...
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California Penal Code Section 1187
The effect of an order arresting judgment, in a felony case,
is to place the defendant in the same situation in which the
defendant was immediately...
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California Penal Code Section 1188
If, from the evidence on the trial, there is reason to
believe the defendant guilty, and a new indictment or information can
be framed upon which he...
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California Penal Code Section 1191
In a felony case, after a plea, finding, or verdict of
guilty, or after a finding or verdict against the defendant on a plea
of a former conviction...
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California Penal Code Section 1191.1
The victim of any crime, or the parents or guardians of the
victim if the victim is a minor, or the next of kin of the victim if
the victim has died,
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California Penal Code Section 1191.10
The definition of the term "victim" as used in Section
1191.1 includes any insurer or employer who was the victim of workers'
compensation fraud for...
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California Penal Code Section 1191.15
(a) The court may permit the victim of any crime, or his
or her parent or guardian if the victim is a minor, or the next of
kin of the victim if the...
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California Penal Code Section 1191.16
The victim of any crime, or the parents or guardians of
the victim if the victim is a minor, or the next of kin of the victim
if the victim has died,
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California Penal Code Section 1191.2
In providing notice to the victim pursuant to Section
1191.1, the probation officer shall also provide the victim with
information concerning the...
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California Penal Code Section 1191.21
(a) (1) The agency or agencies designated by the Director
of Finance pursuant to Section 13820 shall develop and make available
a "notification of...
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California Penal Code Section 1191.25
The prosecution shall make a good faith attempt to notify
any victim of a crime which was committed by, or is alleged to have
been committed by, an...
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California Penal Code Section 1191.3
(a) At the time of sentencing or pronouncement of judgment
in which sentencing is imposed, the court shall make an oral
statement that statutory law...
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California Penal Code Section 1192
Upon a plea of guilty, or upon conviction by the court
without a jury, of a crime or attempted crime distinguished or
divided into degrees, the court
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California Penal Code Section 1192.1
Upon a plea of guilty to an information or indictment
accusing the defendant of a crime or attempted crime divided into
degrees when consented to by...
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California Penal Code Section 1192.2
Upon a plea of guilty before a committing magistrate as
provided in Section 859a, to a crime or attempted crime divided into
degrees, when consented...
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California Penal Code Section 1192.3
(a) A plea of guilty or nolo contendere to an accusatory
pleading charging a public offense, other than a felony specified in
Section 1192.5 or...
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California Penal Code Section 1192.4
If the defendant's plea of guilty pursuant to Section
1192.1 or 1192.2 is not accepted by the prosecuting attorney and
approved by the court, the...
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California Penal Code Section 1192.5
Upon a plea of guilty or nolo contendere to an accusatory
pleading charging a felony, other than a violation of paragraph (2),
(3), or (6) of...
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California Penal Code Section 1192.6
(a) In each felony case in which the charges contained in
the original accusatory pleading are amended or dismissed, the record
shall contain a...
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California Penal Code Section 1192.7
(a) (1) It is the intent of the Legislature that district
attorneys prosecute violent sex crimes under statutes that provide
sentencing under a "one...
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California Penal Code Section 1192.8
(a) For purposes of subdivision (c) of Section 1192.7,
"serious felony" also means any violation of Section 191.5, paragraph
(1) of subdivision (c)...
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California Penal Code Section 1193
Judgment upon persons convicted of commission of crime shall
be pronounced as follows:
(a) If the conviction is for a felony, the defendant shall
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California Penal Code Section 1194
When the defendant is in custody, the Court may direct the
officer in whose custody he is to bring him before it for judgment,
and the officer must...
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California Penal Code Section 1195
If the defendant has been released on bail, or has deposited
money or property instead thereof, and does not appear for judgment
when his personal...
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California Penal Code Section 1196
(a) The clerk must, at any time after the order, issue a
bench warrant into one or more counties.
(b) The clerk shall require the appropriate...
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California Penal Code Section 1197
The bench warrant must be substantially in the following
form:
County of ____
The people of the State of California to any peace officer in...
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California Penal Code Section 1198
The bench warrant may be served in any county in the same
manner as a warrant of arrest.
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California Penal Code Section 1199
Whether the bench warrant is served in the county in which it
was issued or in another county, the officer must arrest the
defendant and bring him...
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California Penal Code Section 1200
When the defendant appears for judgment he must be informed
by the Court, or by the Clerk, under its direction, of the nature of
the charge against...
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California Penal Code Section 1201
He or she may show, for cause against the judgment:
(a) That he or she is insane; and if, in the opinion of the court,
there is reasonable ground...
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California Penal Code Section 1201.5
Any motions made subsequent to judgment must be made only
upon written notice served upon the prosecution at least three days
prior to the date of...
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California Penal Code Section 1202
If no sufficient cause is alleged or appears to the court at
the time fixed for pronouncing judgment, as provided in Section 1191,
why judgment...
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California Penal Code Section 1202a
If the judgment is for imprisonment in the state prison the
judgment shall direct that the defendant be delivered into the
custody of the Director of
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California Penal Code Section 1202.05
(a) Whenever a person is sentenced to the state prison on
or after January 1, 1993, for violating Section 261, 264.1, 266c,
285, 286, 288, 288a,...
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California Penal Code Section 1202.1
(a) Notwithstanding Sections 120975 and 120990 of the
Health and Safety Code, the court shall order every person who is
convicted of, or adjudged by...
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California Penal Code Section 1202.4
(a) (1) It is the intent of the Legislature that a victim
of crime who incurs any economic loss as a result of the commission
of a crime shall...
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California Penal Code Section 1202.41
(a) (1) Notwithstanding Section 977 or any other law, if a
defendant is currently incarcerated in a state prison with two-way
audiovideo...
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California Penal Code Section 1202.42
Upon entry of a restitution order under subdivision (c) of
Section 13967 of the Government Code, as operative on or before
September 28, 1994,...
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California Penal Code Section 1202.43
(a) The restitution fine imposed pursuant to subdivision
(a) of Section 13967 of the Government Code, as operative on or
before September 28, 1994,...
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California Penal Code Section 1202.44
In every case in which a person is convicted of a crime
and a conditional sentence or a sentence that includes a period of
probation is imposed, the...
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California Penal Code Section 1202.45
In every case where a person is convicted of a crime and
whose sentence includes a period of parole, the court shall at the
time of imposing the...
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California Penal Code Section 1202.46
Notwithstanding Section 1170, when the economic losses of
a victim cannot be ascertained at the time of sentencing pursuant to
subdivision (f) of...
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California Penal Code Section 1202.5
(a) In any case in which a defendant is convicted of any of
the offenses enumerated in Section 211, 215, 459, 470, 484, 487,
488, or 594, the court...
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California Penal Code Section 1202.51
In any case in which a defendant is convicted of any of
the offenses enumerated in Section 372, 373a, 374.3, 374.4, 374.7, or
374.8, the court shall...
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California Penal Code Section 1202.6
(a) Notwithstanding Sections 120975, 120980, and 120990 of
the Health and Safety Code, upon the first conviction of any person
for a violation of...
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California Penal Code Section 1202.7
The Legislature finds and declares that the provision of
probation services is an essential element in the administration of
criminal justice. The...
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California Penal Code Section 1202.8
(a) Persons placed on probation by a court shall be under
the supervision of the county probation officer who shall determine
both the level and type
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California Penal Code Section 1203
(a) As used in this code, "probation" means the suspension of
the imposition or execution of a sentence and the order of
conditional and revocable...
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California Penal Code Section 1203.01
Immediately after judgment has been pronounced, the judge
and the district attorney, respectively, may cause to be filed with
the clerk of the court...
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California Penal Code Section 1203.016
(a) Notwithstanding any other provision of law, the board
of supervisors of any county may authorize the correctional
administrator, as defined in...
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California Penal Code Section 1203.017
(a) Notwithstanding any other provision of law, upon
determination by the correctional administrator that conditions in a
jail facility warrant the...
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California Penal Code Section 1203.02
The court, or judge thereof, in granting probation to a
defendant convicted of any of the offenses enumerated in Section 290
of this code shall...
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California Penal Code Section 1203.03
(a) In any case in which a defendant is convicted of an
offense punishable by imprisonment in the state prison, the court, if
it concludes that a...
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California Penal Code Section 1203.045
(a) Except in unusual cases where the interests of
justice would best be served if the person is granted probation,
probation shall not be granted to
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California Penal Code Section 1203.046
(a) Except in unusual cases where the interests of
justice would best be served if the person is granted probation,
probation shall not be granted to
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California Penal Code Section 1203.047
A person convicted of a violation of paragraph (1), (2),
(4), or (5) of subdivision (c) of Section 502, or of a felony
violation of paragraph (3), ...
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California Penal Code Section 1203.048
(a) Except in unusual cases where the interests of
justice would best be served if the person is granted probation,
probation shall not be granted to
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California Penal Code Section 1203.049
(a) Except in unusual cases where the interest of justice
would best be served if the person is granted probation, probation
shall not be granted to...
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California Penal Code Section 1203.05
Any report of the probation officer filed with the court,
including any report arising out of a previous arrest of the person
who is the subject of...
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California Penal Code Section 1203.055
(a) Notwithstanding any other law, in sentencing a person
convicted of committing or of attempting to commit one or more of
the offenses listed in...
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California Penal Code Section 1203.06
(a) Notwithstanding any other provision of law, probation
shall not be granted to, nor shall the execution or imposition of
sentence be suspended...
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California Penal Code Section 1203.065
(a) Notwithstanding any other provision of law, probation
shall not be granted to, nor shall the execution or imposition of
sentence be suspended...
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California Penal Code Section 1203.066
(a) Notwithstanding Section 1203 or any other law,
probation shall not be granted to, nor shall the execution or
imposition of sentence be suspended...
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California Penal Code Section 1203.067
(a) Notwithstanding any other law, before probation may
be granted to any person convicted of a felony specified in Section
261, 262, 264.1, 286,...
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California Penal Code Section 1203.07
(a) Notwithstanding Section 1203, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the...
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California Penal Code Section 1203.073
(a) A person convicted of a felony specified in
subdivision (b) may be granted probation only in an unusual case
where the interests of justice would
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California Penal Code Section 1203.074
(a) A person convicted of a felony specified in
subdivision (b) may be granted probation only in an unusual case
where the interests of justice would
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California Penal Code Section 1203.075
(a) Notwithstanding any other provision of law, probation
shall not be granted to, nor shall the execution or imposition of
sentence be suspended...
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California Penal Code Section 1203.076
Any person convicted of violating Section 11352 of the
Health and Safety Code relating to the sale of cocaine, cocaine
hydrochloride, or heroin, or...
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California Penal Code Section 1203.08
(a) Notwithstanding any other law, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any adult...
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California Penal Code Section 1203.085
(a) Any person convicted of an offense punishable by
imprisonment in the state prison but without an alternate sentence to
a county jail shall not be
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California Penal Code Section 1203.09
(a) Notwithstanding any other law, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any person
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California Penal Code Section 1203.095
(a) Except as provided in subdivision (b), but
notwithstanding any other provision of law, if any person convicted
of a violation of paragraph (2) of
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California Penal Code Section 1203.096
(a) Upon conviction of any felony in which the defendant
is sentenced to state prison and in which the court makes the
findings set forth in...
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California Penal Code Section 1203.097
(a) If a person is granted probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code,
the terms of probation...
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California Penal Code Section 1203.097
(a) If a person is granted probation for a crime in which
the victim is a person defined in Section 6211 of the Family Code,
the terms of probation...
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California Penal Code Section 1203.098
(a) Unless otherwise provided, a person who works as a
facilitator in a batterers' intervention program that provides
programs for batterers pursuant
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